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Maps, plates, chans. etc., may be filmed at different reduction ratios. Those too large to be entirely included in one exposure ere filmed beginning in the upper left hand corner, left to right and top to bottom, as many frames as required. The following diegrams illustrate the method: Les cartes, planches, tablerux, etc., peuvent dtre filmto A des taux de r6duction diffirents. Lorsque le document est trop grand pour dtre reproduit en un seul cliche, 11 est f ilm6 A partir de I'angle supArieur gauche, de gauche d droite, et de haut en bas, en prenant le nombre d'images nicessaire. Les diagrammes suivants illustrent la mithode. : I 2 3 f 32X 6 RICHMOND'S BOOK OF LEGAL FORMS ASB LAW MANUAL, A'- yOSTBI LEGAL TRANSACTION OF BUSINESS, AOAPTSD TO VHB Un Of COUNTY AND TOWN OFFIGEBS, MERCHANTS, CLERKS, MB- CHANICS, FARMERS, PROFESSIONAL MEN, JUSTICES OF THE PEACE, CORONERS, SHERIFFS, BAILIFFS, AND TO THE USE OF ALL PERSONS IN EVERY. STATION OF LIFE, OONTAUtUia OTWAHDB OF TWO HCNDBID kVD SITINTT IMromiHT htdtkh TOBMI,, rOR ORDINART BITSINVaa TRANSAOTIOMS : WITH UPWARDS Of rORtT Or TBI LATEST PARLIAUKNTART ACTS, WHICH WIU. BE VOmiD TO Bl or IMTSRBST TO ALL PERSONS ; SOOE AS THE ACT TO PROTEOC XBBOHAiraS AND OTHERS, THE OBNBRAL BAMl LAW or ETIDBNCE, ITSCRT LAWS AMBBDj BJEOTHEHT, R30ISTRT LAWS, LAMDl AMD TEMAHT, DITISIOM COaRTS AC &0. &0. &0., (sn UDBZ.) BY WELLINGTON a -RlG^SSA^j.^p'ry^ ^^ AOTHOR OOXPIUm AITD* P1TBL1SHBB or THB rtlAT BOOK Or PBOVIHOB, ADAPTBD TO THB USB OF ALL PBB80BB. ALSO, W. BOOKS, POCKBT IlIIX BOOKS. ftO. AO. •acoiB SDmoH, uvxud aid SHLABOKD, IOB 0. B. ft w« TOEONTOs PUBLISHED BY WELLINGTON H. BIOHHONIK LOTUL AHD aiBSOH, PBI«TIM. nuo^ IfWiTilW yior R5%S Entered, according to Act of the Provincial Parliament, in the year one thooaand eight hondred and fifty^foor, by Wiuihoton H. BiOBKon), in the Office of the Begistrar of the ProTince of Canada. (1**, 7 IUOHMONO*8 LEGAL FOIlMt A^PD LA^W MANUAL, WITH tUPPLCMCNTk land fflce CpmimM qf tkt Pnu on RUhmoruP* L«jfal Famu and Law Manmh This work ia full of tueftil Law FonU| ud should bo In the handf of all bob of hxaiMU.— -lHoittrtal Htrald, This ia a work we are aafe in aajing that no man of bnaineaa, and eapecially no merchant or trader, ao profeaaional man, magistrate, aheriif, coroner, or bdliff ahoold be without, were the coat t'uereof three timea aa mnoh. We cannot apeak too highly of thia book, feeling aaanred that the peraon who araila . Umaelf of a copy will hare no canae to regret the expenditure of the aam naoea- sarj to procure it.— Jfoff real l¥a$ueript. It ia juat auch a wdrk aa ahould be in the hands of all persons In etery station of life.— JHontreoJ Pilot. ^ We can recommend It to our readers as a work whloh ia rery raluablejHft Mmtrtal Oazettt, It is a book which the Canadian citizen could only Uly (as the Yankees say) want.— 2brofrfo Xetuiar. We strongly recommend this work to the patronage of the public^— 3V>roiif o FaMot. This is a work of great practical utility to all classes of society. There are but few persons who hare not occasion to use aome of the Legal I orma wliich are to be found in this valuable compendium, and it ia highly to be de.«ired that on such occaaions the proper form should be adopted in place of such as may be defeotire in some respect, and thereby entailing rery considerable ezpenae. •^Toronto OMt*. A book of thia kind ia oninently useftil, not only to the official, but to many private individuals, who, wanting it, have recourse to an Attorney, which costs in many instances, double the price of tbe work. — Toronto North Jmerieon. No person should be without a copy of this valuable and indispensable work. The price is only three dollars, which we consider Is very low for a work con- taining so much legal information.— Toronto Mirror. This valuable Manual of Forms, adapted to all ordinary purpoaea, and con- tdiiing copiea of the varioua Acta of Parliament eaaential to be known by the man of busineas, the municipal councillor, and others, haa, after long delay, been Juat issued from the preaa. It forms a handsome octavo volume, anil ii neatly bound in law style. Price f 3.— Ibronfo Examiner. It is all it profeases to be, and ahould be in the handa of every individual in the County. — Cayuga Sachem. The author has laid a copy of this valuable book on our table, a work which no man of busineas, or even private individual, ahould be without.— ^ffomilf on Spectator. t^e find it filled with most valuable information. This work will be found to be of the greatest utility to all county and town officers, coroners* sherifb, and magistrates, all of whom should procure a topj.'— Hamilton Qaattte, Mr. Richmond is well known to the community as the author and tioiipilAt of the first book of legal farms in this province adapted for gene^ i|i|. The work now sent us, which is most creditably got up» with Xondon J^mee and Wettern Mvertiter. STANDARD MEASURE OP THE PROVINCE OP CANADA. » By 16th Vict., cap. 193, it is enacted, that after the passing of this Act the following rates shall be the standard weight, which in all cases shall be allowed to be equal to the Winchester bushol, viz : — Wheat, Sixty pounds. * Indian Corn, Fifty-six pounds. Rye, Do. Do. Peas, Sixty Do. Barley, Forty-eight Do. Oats, Thirty-four Do. Beans, Sfacty Do. Clover Seed, Sixty Do. Buckwheat, Forty-eight Do. Timothy Seed, Do. Do. N.B.— By the 4 Geo. iv., cap. 16, the Secretary shall furnish each district with a true atandard. And all persons trading having Weights or Measures which they buy and sail by, unless stamped, may be convicted before any one Justice, on oath of one witness, forfeit £2 for every offence, to be levied with reasonable coata, by distress and sale, and in default the offender may be com- mitted to gaol for any space of time not to exceed one month. Amended by 22 Vict, 1869, see pages 662 to 66( in Richmond's Legal Forms and Law Manual Supplement, published in I860. PREFACE 10 THE SECOND EDITION. c^^^ i.-^.'^^V^N The rapid sale of the first edition of this work, and the great demand for a second, has induced the Author and Compiler to bsue a Bovised and Enlarged Secoko Editiok, entitled Biohmond's book of Lxoix FoBMB AND Law Manual, on a very extensive scale, containing all the legal matter of the first edition revised, yn.th. four himdred and fifty pages of additional matter, devoted to Legal Forms and Parlia- mentary Acts, thus making a .work of upwards of six hundred pages of valuable legal information: The author and compiler has spared no labor or expense in preparing and getting up the Legal Forms and other legal matter contained in this work, with the view of making it as complete as possible for the low price at which it is sold. •This work is designed for the use of County and Town Officers, Merchants, Clerks, Mechanics, Farmers, Professional Men, Justices of the Peace, Coroners, Sherifis, Bailiffs and other Peace Officers, and all persons in every station of life ; a Book of Legal Forms and Law Manual adapted to their wants and conveniences, which vnl^ be found to be very comprehensive, and will ease the burden of those ' who are in want of such legal information as is comprised in this work ; enabling all persons to draw up legal documents without the waste of time and money, and iulor^u themselves on many points of law by referring to the Parliament i'> Acts contained in this work. As in this work will be found upwiurds of two hundred and seventy very important Legal Forms : Also upwards of forty Parliamentary' Acts, such as follows : — The Consolidated Municipal Loan Fund Act, with the Amendment, Insolvent Debtors Act, Heir and Devisee Act, Beal Estate of Minors Act, Patent Wright Act, Joint Stock Compa- nies Act for Manufacturing, etc., Mortgagees Belief Act, with a large number of other Acts, too numerous to be here named, (see Index.) Thus placing within the reach of all at a very low price, a large quantity of valuable legal information, which has cost the author and compiler an immense deal of labor and money, in bringing this work out in its present form ; which he trusts will be found worthy of general support, and be of great benefit to the public generally. N. B. — ^The term District is only to b« oaed in fonaa drawn up in 0. E., see Practical Remarlts, ko. ko., <» pages 61 and 62 in this worlc. Thx Avthob Aia> Compilib. Toronto, August 26th, 1854. ADYBBTISBMENT. PUILICATIONS BT WELLINfiTON H. RICHMONDi TORONTO: OAK ABA, RiOBMORo'i Boob or Lioii. Formi axd Law Uamval, A Work that will be found of great ralue to ell peraons to whom It la Intended Thia work ezeeeda 000 pagea m Taluable legal Infennation, neatlj printed bv If eiara LoToU k Oibeon, on a auperlor qoality of paper, made by Meiara. John Taylor k Brothera, Toronto, and aubetantlally bound in leather. Price ISa. or $8.00. Riobmord'b Biu Booei. Bilhi ReoelTable and Payable, Pocket Bditioa. Price la. Sd. or 26 ela. Indalie •* (for 1480 Bliia.) *• Quarta— 3 Quires. «* 5a. or $1.00. 8rd '• " (for 2140 BUIa.) " Quarto.— 8 •« ** 1§. fld. or $1.60. Tni Boon.— Mecbanlea and Labourera Pocket Time Booka. Price ii. 8d. or 26 eta. In MnoAiniLi Oaloulatos, ob Oommbboial Tablbi; arranged for the Britiah Ooloniea, particularly adapted to the Forwardbg, Iron, Aahee, Drug and Ovoeery Tradea. By W. A. Merry, of Montreal, a rery uaeAil work, upwarda of 800 pagea. Price 8a. 9d. or 76 ota. LiTBBATCBB FOB THB MouobI The Monthly Uterary Qariand. a Tory intereel* ing Literary Work, publiahed by Meiara. Lovell It Gibion. Thia work can be flinilahed bound for the dUTerent yeara, commencing with the year 1848, and end- his with the year 1849, making aeren Toiumea of about alz hundred pagea each. Tua work waa publiahed at 168. ourrencjr, and will now be fbmiahed bound by the aubecriber at the Tory low price of 6i. 8a. or |1.25 the Tolumd, one peraon tiuthig four Tolumes or more will naTe them at |1.I2| or 6a. Y^d. each Tolume, (HEMI OAOL) PBBaoHS AT A BiBTAMOB wiahing any of the above named publications, will please to remit the money by mail, naming the work that they wish eeut, all Letters must be addressed to the subscriber, and the work will be forwarded by mail, or as they may direct, (Pottagt mu»t be pre-paid on all LetUrt tut eontaintng money.) And in no case will either of the pubiicationa be sent without first havhig recelTed the money In advance. N. B. — A liberal discount will be made to the Trade where they take any one or mere of the abOTO pubiicationa by the dosen. Address WELLINGTON H. lIOHMOKOr Monejf Litter. Publisbbb or Lboal Fobbs, ko. &o., Toronto. SUPPLEMENT. Supplement to Kcbmond's Legal Forms and Law Manual. The subscriber most respectAiIly informs his Friends and Patrons, that it Is his intention to publish a Supplement to the aboTe named work, at aa early a date aa practicable ; to contain additional Legal Forms and Parliamentary Acts, with the Amendments, if any, that may be made in the Acts comprised in the aboTe named work ; and as to Mie namber«f pages to be in the supplement it is impoaiAble to say yet, but tiie pub* liaber will guarantee to furnish tiie supplement to all persons ordering it at the time they are Aimished with the Legal Forms and Law Manual, at least 20 percent less than to non-sobseribers, no money requhred for the supplement until ready for dellTery. Gentlemen, please ^ve in your orders without delay, as there is nothing to be hMt, bnt ererything to be gained. All orders per mail for the supplement must be pre-paid, onleaa aecompanied wiUi cash for either of the pubiicationa named in the aibore adyertiaement. WELLINGTON H. RICHMOND, PuBiuBBB or Lbual Fobhb, ko. ko. / Toroote. • INDEX. |lft^0nV8 f tgal Jfomts mib fab Pamial. LEGAL F0EM8, Etc. »▲•■ ABSENT DEFENDANTS: Notice to Process, To 0. D., the Defendant 487 ACCOUNT OP SALES, Etc: Account of Sales 6 Account Current 6 A Balance or Proof Sheet 7 ACKNOWLEDGMENT: Of a Mortgage '. 21,22 Of a Debt secured by Mortgage (Short Form) 104 Of a Debt another form, with power of Sale 104,10{V ACTIONS OP DOWER: Ponn of Declaration in Actions of Dower. 846 ADMINISTRATOR : Deed by an Administrator. 80,81 Release to an Administrator 140,141 AFFIDAVITS OP THE EXECUTION OP LEGAL DOCUMENTS: Of the Execution of an Arbitration Bond 24 Of the Execution of the Award 27 To the Board of Agriculture 80,81 To the Execution of Deeds and Memorials 67 to 64 The two Affidavits required to a Cbattd Mortgage 126,127 AGREEMENTS AND CONTRACTS : To deed Property 12,18 For the Sale of an Estate 18,1^ To Convey Land. 14 On Sale of Wheat 14,16 To Build a House 16,16 AGRICULTURAL SOCIETY DECLARATION: Declaration by an Agricultural Society * 80 Affidavit to the Board of Agriculture. 80,81 Number of Members the Society is to consist of &c 80 ALLEGIANCE: The 'Oath of Allegiance 27,28 APPRENTICESHIP INDENTURE : Apprenticeship Indenture 11 ASSIGNMENTS : Of a. Debt or Bond 16 By Endorsement of a Judgment, Mortgage, or Lease.. . . . 16,17 Of a Man's whole Estate to his Creditors 17 to 20 Of a Man's whole Estate in Trust for his Creditors. 20,21 To be Endorsed on an Instrument 21 Of Replevin Bond by a Sheriff 186,186 • urvn. * ARBITRATION AND AWARD : ^ SpMial lubmimion to Arbitrators S9 Qenertl lubmiggion to Arbitrate 89,38 Arbitration Bond 28,24 AflQdATit of Execution of Arbitration Bond 24 Notice to Arbitratora of their Appointment 94,26 Arbitrator'! Oath M Subpoona to appear before Arbitratora 16 Oath to be Ulcen firom a Witness 95 Rerocation to Arbitratora 90 Noticeof Revocation 96 The Award 96,27 Affidavit of the Execution of the Award 97 ASSESSORS' OATH : Oath of Assessor 96 AUDITORS' OATH : Auditors' Oath 28,29 BORROWED MONEY: Money Borrowed %nd Received 86 BANKS AND BANKING: For the LawH respecting Banks and Banking in the Pro* vinee of Oanada; Soo the annexed Index to the Parlia* mentary Acts, comprised in this Work. BANKS AND CORPORATIONS : Statement of the Liabilities and Assets of a Bank 160 Power to Transfer Shares, (three Forms) 168,100 Forms of Proxy 169,160 BILLS OF LADING: Shipper's Biii of Lading 8 Forwardera Bill of Lading 10 BILLS OF PURCHASE AND OF ACCOUNT, Etc: Bill of Purchase 4 Bill of Book account 4 Account of Sales 6 Account Current , 6 A Balance or Proof Sheet 7 BILLS OF EXCHANGE, DRAFTS, Etc : A set of Bills of Exchange 46,46 A Banker's Draft 46 Dra/ls or Inland Bills, two forms 46 . Respecting Bills of Exchange 47,48 Of the reauisites of a Bill 48 Of the obligation of Parties 48 Of Transfer 48,49 Of Presentment for Acceptance 49 Of Acceptance 49 Of Proceedings on Non-Acceptance 60 Of Presentment for Payment SO Of Proceedings on Non-Payment. 60 Of Payment and other Discharges 61 BILLS OF SALE: Bill of Sale of Goods, (0. W.) 100 Bill of Sale of Goods, (C. E.) 100,101 Of growing Crop and Stock .'. . . 101,'l02 BONDS: mm Respeeking Boadi 7777. 197,128 A Bond, utual forro, (0. B.). 126 Ooinmon Bond wltia condition 126,120 Bond to execute ft OonTejftnce 129,180 Bond eivon by two Peraoni ^ 180 Bond fram ftn 0£Bcer of ft Bftok or CompMij 180,181 Bond to ft Oorporfttion, or Oompftny 181,182 Bond to Executon 182 Legfttee'i Bond to Exeenton 182,188 Bftll Bond to ft Sheriff 188,184 ^'' Indemnity Bond toe Sheriff. 184,185 Replerin Bond to ft Sheriff. 185 Aasiflrnment of Repleyin Bond, by ft Sheriff 185,186 Bond given by Township Glerk 186 Township Collector's Bond 18T Oondition of ft Bond to mftintftin ft person 187 Condition of Indemnity for Signing ft Bond 187,188 CHATTEL MORTGAGES: See the Act in this Work respacting Mortgiftgeft of Goodi and Chftttels. Cbftttel Mortgage as Security for Money ISA Mortgage to secure a Debt 196 Mortgage to secure Endorser, (Errata. — For Adam Bates, reftd Oliver Jones) 125,126 The two Affidftvits required to ft Chftttel Mortgftge, the nftmes may be so changed as to be applicable to eiwer of the above Forms 126,127 CONVEYANCES BY DEED, WITH MEMORIALS: Counties substituted for District Divisions, (C. W.) 51,52 Practical Remarks on Conveyances by Deed or Mortgage, Etc., Etc 52,68 To those Purchasing Property, or taking Mortgages 56 Deed without Dower, with Memorial and Affidavit, (0. E.) 58 to 57 Deed with Dower, with Memorial and Affidavit, (C. W.). 58 to 64 Deed without Dower, (Short Form.) with Memorial 64 to 66 Deed with Dower, (Short Form) with Memorial 66 to 68 A Simple Deed with Dower 68,60 A Simple Deed without Dower 70,71 Deed without Dower, (Short Form) , . . . . 71,72 Full Covenant Deed, (Short Form) 72 Deed of Lands, Exchanged 72,78 Deed of Land, sublect to a Mortgage 78,74 Dood of Mortgaged Premises, on Foreclosure and Sale. . . 76,76 Deed from a Corporation 76,77 Deed of a Pew 77,78 Deed from a Guardian 78,79 Executor's Deed 79,80 Deed by an Administrator, of a Person dying without a Will 80,81 Deed to Commissioners 82 Deed of Gift of Personal Property 82,88 Deed of Gift of Land 88 Deed of Partition 84,85 Quit-Claim Deed, (Short Form, Ifb.l) 86 Quit-Claim Deed, (0. E.) No. 2) 86 Quit-Claim Deed, (No. 3) resigningthe right of Dower. . . 86,87 Warranty Deed without Dower, ^hort Form). 87,88 OONVITANOES BT DEED: WKF WunntyDecd Retrindngihe right of Dow«r. 88,8^ Deed to the Gnmd 'Omk RaUway Oompuiy. 89,90 Deed to the Huntttoir and Tcronto liailway Company. . . 90 Another Form left bhnk.... 90,91 Deed for the Site tff a School House, Etc. 91,92 For Sheriffs Deeds of Oonreyance, Etc. (see SherifBi) . . . OOBPORATION OR OOBfPAKT: |i B<»idto A Ooiiporation or Company..... 181,182 Bond from an OMc^ of a Bank or Company 180,181 Deedfroma Corporation 76,77 Oath by a Mayor, Alderman or Coondllor. 28 OBBTIFICATRS: Certifloatefroma Treasurer. 29 Treasurer's Certificate to Caaeela Deed 29,80 Certificate from an Inapector of Beef and Pork 82 Certificate to be Endoned on the back of a Deed executed byalfanied Woman 882 OEBTDIOATB OF SATISFACTION: Of a Judgment or MortgMe to the Registrar of the Countjof . ,I,A.R,of 884 Certificate te be nyen by the Judge of the County Coiurt on mpUcation he a Registry Book fwr the Refpstrar for his Ooun^ 892 Certificate of Judgment firom the Clerk of Court 877 Fee for the same^ 28. 6d. OERTmOATE FROM A MORTGAGEE: Certificate by a Mortgagee, to the Purchaser of Mortgaged Premises To the ItecpTstrar of 462 CX>BONER'S INQUEST: Form of Ord«r tax the Attendance of a Medical PractitiMier 5o.^ CONSOLIDATED MUNICIPAL LOAN FUND: Certificate of Treasurer and Mayor, or head of a MunicipaUty, (C. W.). 691 to 692 CHEQUES ON A BANE: Two Forms of Cheques on a Bank 39 Remarks respecting Cheques 89 CHATTEL NOTES : Respecting Chattel Notes 48,44 Chattel Notes on Time. 44 Payable in Stock, with Interest 44 On Demand 44 On Time 45 Joint and several Chatte* Note 45 COMMON LAW AND COMMON SENSE: Worth being remembered, the Unity of Common Law and CMnmon sense $ COUNTY COURTS: Form of Claim to be Filed in the Office of the Clerk of the County Court 572 Form of Writ of Summons 672,573 Fees to be received by the Clerk and to belong to and to be paid over to the Fee Fund 573 COUNTY COUHTS: ^W Fees to the Olerii. . 678 Fees to the Sheriff. - 678 Fees to Attorney and Solicitor ., 678,674 Fees to Oouncil on Special Applications. ^. 674 CURRENCY AND TIME TABLES : Dollars and Cents converted into Current^ . XVIII Currency converted into Sterling and Dollars and Cents. . 4 1 Sterling converted into Currency and Dollars and Cents. . '''2 Time^ble XYII DBBBNTURB: ^ For the Loan of Money 81*6^ DUE BILLS AND ORDERS: Dae Bill payablAJn Oood& 86 Due Bill payabl?la Money. 86 Money Borrowed and Received , 86 An Order for Goods 86 An Order for Monev 86 Another Order for Honey 86 DECLARATION OF TRUSTS : . Declaration that a certain Writing is left ^'^. . . . 141 DEEDS : See " Conveyances by Deed." DIVISION COURTS : Form of Conviction for Offences against the Divifdon - Courts Act, (C.W.) 648 Table of Fees 646 Form of Summons 646 Notice 646 Covenant by the Clerk or Bailiff 646,647 Affidavit or Affirmation, Clerks, Judges and Justices of the Peace, are to admmister the same Schedule D . . . 647 Warrant to Attach, seize, tdiw and safely keep '* G... 648 DOWER TO AN HEIR: Release of Dower to an Heir 88,84 Form of Declaration in Actions of Dower 846 EJECTMENT: Writ of Ejectment, Canada West 828 Form of Notice to the Defendant or Defendants, and to the Person in occupation (if any) " To A. B.," the 826 Form of Judgment where no Appearance 827 Form of Plea 828 EXCHANGE :— See *« Bills of Exchange." EXECUTORS: Deed by an Executor 79,80 Release to an Executor 189,140 FEES, ATTACHMENTS AGAINST PERSONAL PROPERTY, (C. W.): Fee for every Oath, or Affirmation, including the Drawing thereof 474 For every Warrant 474 For every Mile necessarily travelled in going to Seize .... 474 For every Schedule Return of Property Seized, &c., &c. . . 474 For every Bond, including Affidavit of Justification 474 GUARDIAN : , Deed froma Guardian 78,79 Release to a Guardian 18ft IX H.i uawL fAoa I NVOIOES IN WAHD AND OUT W ARD : Of Sundries Shipped, Outward Of Sundries Inward « 9 JUSTICES AND OTHER PEACE OFFICERS: Fees, to Justices of the Peace, (G. W.) 161,162 Summary Convictions, (C. W.) Act of 16 Vict (1858,) With 40 Schedule Forms 162 to 209 i Indictable Offences, (C. W.) Act of 16 Vict. (1868,) * With 82 Schedule Forms 209to244 An Act to Protect Justices of the Peace in Canada West from Vexatious Actions 246 to 260 JOINT STOCK COMPANIES: Instrument to be Executed bj Joint Stock Companies. . . 31 See the Act respecting Joint Stock Compuiies in this Work. * LEASES: Lease of a Store and Dwelling : . . 141,142 Another Lease 142 to 144 Lease, {SJiort Form) 144 LANDLORD AND TENANT: LandIord%Oertiflcate of Renting \ 144 Tenant's Certificate of Agreement 146 Notice from a Landlord to a Tenant 146 LETTERS ON BUSINESS: " The first Thing necessary," says Lord Chesterfield 145 In Answer to an Advertisement for a Clerk 146,146 Application for the Character of a Clerk. ' 146 In Answer respecting the Character of a Clerk 146 From a Tradt:" in the C!ountry to a Merchant in the City . . 147 A Wholesale to % Retail Firm... 147 A Oentleman proposing his Son as an Apprentice 147 On Retiring from Business, and reconmiending a successor. 1 48 MORTGAGE DEEDS: Common Form to secure a Note resigning the Right of Dower 102,108 Mortgage by Quit-Claim, to Secure a Note 108,104 Mortgage to Secure a Debt, {Short Form) 104 Another Mortgage with Power of Sale 104,105 Mortgage Deed to Secure a Note 106 Mortgage Deed to Secure Endorser 105,106 Mortgage Deed to a Corporation 108,109 Mortgage Deed to Executors 109,110 Mortgage Deed for part of Purchase Money Ill Mortgage Deed by Husband and Wife Ill to 113 Mortgage Deed of Premises to be kept Insured against Fire 1 1 3,1 1 4 Mortgage Deed, {Short Form) with Power to Sell 114,1 15 Mortgage Deed with Power to Sell, (C. E ) {Sh<)rt Form) . . 1 15,1 1 6 Mortgage Deed with Dower, with Power of Sale, with Memorial and Affidavit 1 16 to 123 Notice of Sale by Advertisement on Foreclosure of Mort- gage 123,124 Chattel Mortgages, different Forms and Affidavits 124 to 127 NOTES ON TIME, MAXIM, Etc: Maxim never Endorse a Note, Ac 36 Promissory Notes payable at a Bank 86,3 7 X IVSilZ. L124 1127 36 .37 23 as 28,29 NOTES ON TIME, Etc: Joint and Several Note payable at a Bank with Interest. . 87 Payable at the Payee's Omce or Store 87 Another Form dated at Cobourg 87 Payable to H. Jones, or Bearer 88 Not Negotiable 88 On Time with Interest 88 On Demand 88 On Demand with Interest .* 80 Payable by Instalments, with Periodical Interest 89 Respecting Promissory Notes 40,41 Consideration 41 Of Presentment for Payment 41,42 Proceeding on Non-Payment ■ 42 Of Paylaent 42 Interest 42,48 or Notice to an Endorser. .*.. 48 Form of Notice 48 Limitation of Action, Notes and Instruments not under Seal 48 For Notes payable in Qoods and Chattels, (See Chattel Notet ORDERS :— See " Due Bills and Orders." OATHS : Oath to be taken by a Mayor, Alderman or Councillor. . . . Assessor's Oath ^^ Auditor's Oath PROTEST OF BILLS OF EXCHANGE, DRAFTS AND NOTES: Fees and Charges, (C. E.) with 10 Notarial Forms 298 to 299 Forms of Protest of a Bill of Exchange for Non-payment, (C. W.). 805,806 Form of Notice to Parties, and Fees on Protesting 306 PARTITION : Deed of Partition by Three Persons, of Lands held by them as Tenants .• 84,85 Sherirs Deed in Partition, by Order of Court 97,98 PARTNERSHIP : See the Law respecting Co-partnerships, and Companies, Ac, (C.E.) 694 to 697 Schedule Declaration of Co-partnership, (C. E.) 697 Limited Partnerships, (C. W.) 698 to 600 Form of Certificate of Co-partnership. 600 Agreement of Co-partnership 148, 149 Agreement to Continue a Partnership 149 A Certificate of Co-partnership 149,160 A Dissolution of Partnership 160 Notice on Dissolution of Partnership 16Q,161 Notice where One Partner leaves the Firm 151 Another Notice of Dissolution of Partnership 161 POWERS OF ATTORNEY, Etc : v Respecting a Power of Attorney > \ 161 General Power to Transact Business 152 Another General Power to Transact Business. 15^,168 Revocation of a Power of Attorney 168 ♦ Power to Collect Debts 158,154 Power to Take charge of Lands, Ac 154,156 Power to Effect Insurance 155,165 ZI I X 9Mam POWERS OF ATTORNBT, 1 to : Power to Sell Real Estate ,\ » 168 Substituton of an Attorney 1B7 Gustom'House Power 167,168 Power to Transfer Shares 168 Power to Accept of Transfers of Stock of a Bank or Com- pany i 168,169 TnmsferofMining Company Shares... 169 PROXY: To Vote as Proxy 169 Proxy by a Shareholder or a Corporation 169,160 A Director's Proxy 160 QUIT-CLAIM DPSDS :— See " Conyeyances by Deed." RECEIPTS AND RELEASES: f General form of a Receipt on Account 88 ReceiptinFull ,... 88 Receipt for Money pi^d on a Note 88 Receipt for Money paid by a Third Person 88 ■ Receipt for Money reoeiyed for Another 88 Receipt for a Quarter's Rent 84 Receipt for Papers 84 Receipt for Money on a Bond ^ . . 84 Receipt for Interest Money 84 Receipt to be Endorsed on a Bond 84 Receipt for a Note of a Third Person 86 Nora. — ^A Receipt in full, though strong eyidence, Ac ... . 86 Release of Dower to an Heir 88,84 General Release of all Demands, {(X E.) 188 Release of all Demands, (C. W.) 188,139 Release to a Guardian 189 Release to an Executor ^.<^ 189,140 Release to an Administrator 140,141 RAIL-WAT COMPANY: Deed to a Railway Company 90,91 ' Deed to the Grand Trunk Rulway Company „ . 89,90 Deed to the Hamilton and Toronto Railway Company ... 90 N. B. May be Registered without any Memorial ........ 91 REGISTRAR'S OATH AND FEES : . Form of Oath to be taken by eyery Reg»trar of Deeds, Memorials of Deeds, Conyeyances and Wills 881 Fees to Registrars of Deeds, Memorials and Wills, &&, &o. 891,892 REAL ESTATE OF MINORS, (C.E.) : Real Estate of Minors, (C. E.) flye Notarial Forms 894 to 896 SECURITY FOR A DEBT OR NOTE: Common Form to Secure a Note resigning the Right of Dower 102,108 Mortgage by Quit-Claim as Collateral Security for a Note 108,104 Acknowledgment of Debt secured by Mortgage, [Shcrt , Form.] 104 -f^knowledgment of Debt secured by Mortgage with . ^ PowerofSale 104,106 SHERIFF: Bail Bond to a Sheriff 188,184 Indemnity Bond to a Sheriff 184,186 Replevin Bond to a Sheriff. 185 Assignment of Repleyin Bond by a Sheriff 185, 1 3 6 xn ■.'*.,■ 9Mim SHERIFFS DEEDS: Deed Poll 92to94 DeedofSale, (0. E) 94^95 Deod of Leasehold Property 9B,96 Deed of Sale for Taxes 96,97 Sherirs Deed in Partition 97,98 Deed on Foreclosure and Sale 98 to 100 TREASURER'S CERTIFICATE: Certificate firom a Treasurer of a County 29 iTeasurer's Certificate to Cancel a Deed 29.80 TOWNSHIP OFFICERS: Declaration by a Township Officer 186 Bond eiven by Township Clerk 136 Town&ip CoUector's Bond 187 Assessors Oath 28 Auditor's Oath 28,29 WARRANTY DEEDS :— See " Conyeyances by Deed, Ac" WILLS: Respecting Wills 261,262 To Disinherit an Heir at Law 262 A Will of Real and Personal Estate 262,358 Another Will of Real and Personal Estate 264,266 Various Conclusions to Wills or Codicils, the necessary words being changed 955 Attestations of Wills 266 A Codicil Annexed to, or Endorsed on the Bade of a Will 266 WRIT OF REPLEVIN: Form of a Writ of Replevin, (C. W.) 478,479 INDEX TO THE PARLIAMENTARY ACTS OP CANADA, COMPBISED IK THIS WOBK. ABSENT DEFENDANT'S ACT: '^** An Act to Provide a remedy against Absent Defendants, Canada West, 14 A 16 Vict 4S6to487 Absent Defendants Declaratory Act, C. W . Its Vict 487,488 ACTIONS ON SIMPLE CONTRACT OR DEBT, (0. W.): An Act for Rendering a Written Memorandum necessary Ac., Ac, 18 A 14 Vict 407 to 470 ACTIONS AFFECTING REAL PROPERTY, (C. B.) : An Act to Amend the Law of (G. B.) In Actions affecting Real Property of Absentees, 14 A 16 Vict 426,426 See Limitation of Actions, Ac. 10 A 11 Vict 421 to 423 Actions of Dower, (C. W.) 18 A 14 Vict 844 to 846 APPRENTICE'S AND MINOR'S ACT, (C. W.) : An Act to Amend the Law relating to Apprentices and Minors, Canada West, 14 A 15 Vict 488to4|i2 ATTACHMENTS AGAINST PERSONAL PROPERTY, (C. W.): An Act to Autho^ixe Attachments against Personal Proper- !>erty for sums of ten-pounds and under, in certain cases n Canada West, IftVicl. 470to477 zni nroix. rt- ■f ■ -■■:■{ >'i BANKS AND B \NKTNG : The general Banking Laws of Canada 267 to 274 Clmi'tvred Bank 9 00 2 6 2i li 87i 1 lOi 10 00 2 10 8 If 40 2 20 00 6 8i 2f 42i 2 li 26 00 6 6 4 2f 46 2 8 80 00 7 10 4^ 2f 47i ft|^ 4i d'2 6 86 00 8 16 6 8 60 40 00 10 6i 8f 65 2 9 45 00 11 6 6 8f 60 8 60 00 12 10 6i 4 66 8 8 66 00 18 15 7 4f 70 8 6 60 00 16 7i 4i 76 8 9 66 00 16 6 8 4f 80 4 70 00 17 10 8i 6 86 4 8 76 00 18 16 8i Cf 87i 4 4i 80 00 20 9 6f 90 4 6 86 00 21 6 9i 6f 95 4 9 90 00 22 10 10 6 00 6 95 00 23 16 lOi 6f 12i 6 7i 100 00 25 11 6f 26 6 8 125 00 81 6 Hi 61 87i 6 lOi 200 00 60 12 7* 60 7 6 250 00 62 10 12i 7f 62i 8 li 800 00 76 18 7i 76 8 9 860 00 87 10 18^ 8f 87i 9 4i 400 00 100 14 8i 2 00 10 450 00 112 10 14i 8f 2 12i 10 7i 600 00 125 16 9 2 25 11 8 550 00 187 10 16i 9f 2 87i 11 lOi 600 00 160 16 9f 2 60 12 6 700 00 176 16f 10 2 76 18 9 800 00 200 17 lOf 8 00 16 900 00 226 18 lOi 8 25 16 8 1000 00 250 19 llf 8 62i 18 li 1200 00 800 20 1 8 87i 19 4i 1600 00 400 22i 1 li 4 00 10 2000 00 600 .25 1 8 6 00 16 8000 00 760 27i 1 4i 6 00 1 10 4000 00 1000 80 1 6 Oorrei 1 i 4 A 6 7 8 9 10 Oil 1 2 8 4 5 8 7 8 10 11 12 18 14 IS 16 17 18 19 1 2 8 To convert pound StealiE XYin oummroT mo inBLuro, no. OURRBNOT OONYERTED INTO STIRLIKG, AND STERLING MONBY INTO DOLLARS AND OBNTS. NOY. 15 6 10 , I 6 r 10 I 16 ) 1 6 2 10 8 16 6 6 6 17 10 8 16 10 1 6 12 10 13 16 16 1 6 2 10 6 7 10 2 10 5 7 10 DolUra Dollan Oomnoy. Stwrling. •nd Oiirren^. Sterilng. and Cents. OentiL £ a d. £ M. d. $ etik £ 1. d. £ •. d. 1 eU. 1 Of H 4 8 6 9 16 00 H U 2i 6 4 2 21 20 00 2 1* 8i 6 4 18 7i 24 00 2i 2 4i 7 6 15 Oi 28 00 8 Si 6 8 6 11 6 82 00 8i 8 6| 9 7 7 Hi 86 00 4 8i 6| 10 8 4 4i 40 00 4^ 8t 7* 11 i0 9 9i 44 00 5 4 Bk 12 9 17 8 48 00 6 6 10 18 10 18 8i 62 00 A 7 U 8 6« 111 14 11 10 li 66 00 H 18} 16 12 6 61 60 00 9 n 16 16 18 8 64 00 10 H 161 17 18 19 6i 68 00 11 9 18i 18 14 16 lOi 72 00 10 Of 20 19 16 12 8| 76 00 2 1 7* 040 20 16 8 9i 80 00 8 2 6i 60 26 20 10 Hi 100 00 4 8 8i 80 80 24 18 If 120 00 6 4 li I 00 86 28 16 4 140 00 8 4 lU 1 20 40 9 82 17 6i 100 00 7 5 9 1 40 46 86 19 8i 180 00 8 6 7 1 60 60 41 1 11 200 00 9 7 H 1 80 60 49 6 8i 240 00 10 8 2i 2 00 70 57 10 8i 280 00 11 9 Oi 2 20 80 66 16 1 820 00 12 9 lOi 2 40 90 78 19 61 860 00 18 10 H 2 00 100 82 8 10 400 00 14 U 6 2 80 200 164 7 8 800 00 15 12 4 8 00 800 246 11 6 1200 00 16 18 H 8 20 400 828 16 4 1600 00 17 18 IH 8 40 600 410 19 2i 2000 00 18 14 H 8 60 600 498 8 Oi 2400 00 19 16 7i 8 80 700 676 6 lOi 2800 00 1 16 H 400 800 657 10 8i 8200 00 2 1 12 10} 1 8 00 900 739 14 6i 8600 00 8 2 9 8t 12 OO 1000 821 18 4i 4000 00 50 )0 To eontert Currenejf into Sterling, To convert Currency into Sterling, at the rate of 24a. 4d. Oiurenoy to the pound Stealing— multiply by 60 and divide by 78. ;% STBBLQr« i uroAi* VfmUB An law mirrAi. BTERL1X0 CONVERTED INTO OURRENCY, AND CURRENCY INTO DOLLARS AND CENTS. Stcrlirg £ P. (1. 1 u 2 2i 8 H 4 u H 7 H> 8 •0 10 11 1 'i u » 4 « 7 u H u » lO 11 12 u 13 14 u 15 10 . 17 18 li) 1 2 8 Currency. £ R. d. U If U 2} 8| l| 4i U fii 6 7i hi 91 11 1 1 H 1 2} 2 Ci 8 7f 4 lOJ « 1 7 8J 8 «i 9 8i{ 10 Hi 12 2 U 4i 14 7i 16 9f Dollnm Rnd Ccnti. $ Ctfi. 17 0* la 8 19 5* 1 fci I 1 Kii 1 8 H 1 4 4 2 8 8 H 1H 2 2f 4i f* H 7 8* 10 12 14 Itt 18i 20 S2 24 4U 73 J)7 1 22 1 -in 1 70 1 'IJJ 2 lu 2 43 2 «7 '2 02 8 10 8 40^ 8 05 8 80 4 18 4 87i 4 C2i 4 til 74 U '0 Sterling. £ I. d. 4 6 7 8 10 II 12 n 14 16 16 17 18 11) 20 25 80 ;o 40 40 50 60 70 bO 00 KiO 200 800 400 £00 COO 7(iO too 1400 loro Current V. £ $. d. 1 4 8 4 8 4 8 4 8 4 4 17 1 7 8 10 14 10 ]» 12 8 4 18 7 8 14 13 15 lit ^ 17 8 U b 10 £0 IS 21 18 £8 2 21 :0 8 80 10 42 1 1 8 48 .8 4 64 1.. (iO 16 8 78 8.) 8 4 U7 6 8 iOO 10 121 18 4 248 6 8 8(i6 486 18 4 (108 8 V30 '. ii 8 io.'5 1216 18 4 Dril.rf Ntlll Ciiil*. I cts. 10 46 24 88i 2» 20 84 01 85 id} 4'' 80 46 m (18 27 f8 14 78 00 77 87 t>2 74 f-7 61 l»2 47 fl7 88i 121 67 140 00 170 83^ 11>4 07 211) 00 248 88i 2ii2 00 840 67 8HU 88i 488 00 4fc6 67 078 88i 1400 00 11)46 07 2483 88^ 21120 /^o 8400 ti6t 8U1I8 88^ 4880 00 4." 06 66# To eontert Sterling into Curreney. Mi!»'ply by 7 , and divide by 60, or add one>flfth and onc-tvrolfth of that Ifih o( th( "\ In op (Coi WOBTB WOBTB BinrO BBMIXBIBIO. WORTH BEING UEMBMBEKED. Tub Unity of Commom Law and Common Sbnih, — Mr. Cok, (in English Imrrixtf' ' having ^-'itUin tin article, add reMsnd to Lord Chiel' Juslire Denm n ^omplnming of the injury likely to renult to the legnl pMifeiision in Engl md, fronuhn enlui ;?Aiiiont of the Jurisdiction of the County CuurtH, ii^t' the simplili> tion of the practice, Lord Denman has conmnunicutei a reply u the Law Review, in which he says : — *'lf it be true that three-roiii-fhs of nil the causes tried in County Courts arr, on bath siden, conducted by thn parties, with' out nssiMtance uitlier from counsel or solicitor, here is mat. r for serious reflaction. The disputes wh (ih grow out of ordinary transactions seldom involve legnl doubts, or require the exertion of professional skill, and the diffusion of improved education has taught men in general a freer use of their own powern of narra- tion and argument. What is culled a I i;al understanding is rarely required, except for a discussion of tfie raie^, unavoidably arbitrnry, which regulate the descent and i ''ansmission of ro.-il property, and of those more recondite S3l ets in the art of mystery of special pleading, which the good sense of the late House of Commons virtually extinguished by putting an end to special demurrers. ** Lord Mansfield ndvissd the student of Engl sh law, with (he intention of practising at the bar, to begin with ' Tully*s Oflices,** the title then given to Cicero's three books, " Do oflices." A clear understanding of the duties of men in society was con- sidered by him as the true basis of legal science, i may cite one of the ablest lawyers of this century, who to strong natural sense united to largest experience, for a similar opinion — my honored master, the late Mr. Tidd. I well remember the advice he gave to a pupil who was about to commence practice ; When you are called upon for your opinion make yourself parfeotly master oi the lacts, and then consider what is righu Vou may be p»«;tty sure that is the law, without looking much into coses. '* When once the facts ara well ascertained, few persons difier in opinion as to the result of a civil action.'' (Copiod from th9 Qu^Umo Mereury.) 8 Bill Mr. Henry Gilbert UOAL VOBlfB AlTD LAW lliJIUAL. BILL OF purchase:. Toronto, Junt 15/A, 1854. Bought of Wm. Hahrison & Co., No, Mng Street^ West. 1854. Description of Goods, £ s. d. No. a « 19 « 4 « 29 10 pes. 350 yds. Bleached Shirting Cotton, at 6d 2 *< 60 << Jean Stripe, at 6fd. 1 « 35 '* 4-4 Linen Sheeting at 2s. Id. ^ '< 9*4 Cashmere Shawls, at £ 1 5. \ " Linen C. P. Handkerchiefs, at.... 40s. 2 cwt. Muscovado Susar. at 458. 8 1 3 7 1 4 5 5 15 13 12 10 10 17 6 9 11 128 lbs. Coffee, at lid. 4 5 brls. Sunerfine Flour. at. ........218. 3H s Received Payment, £ 38 5 3 Wh. Harrison & Co. Per. W. H. Riohmond. A.&301 18541 March! April , <( Messrs. Ansel Shaw &, Co. BILL OF BOOK ACCOUNT. Montreal, June IBth, 1854. To Lewis Hammond, Dr. 1854. Mar. 6 u 14 Apr. 10 « 18 « 24 May 2 " 10 June 14 Description of Goods. To 31 pes. Fashionable Chintz Prints, at 18s.6d. 1 " 15 yds. fine Black Cassimere at 8s.9d. 2 Black Satin Stocks, at . . . .3s. 9d , 6s. 3d. I Pair Calf Boots for Mr. A. Shaw i doz. Boys' Cloth Caps, at 25s. 3 « Ladies' White Cotton Hose, at 12s. 1 Silk Hat, No. 17, at sos 1 Black Satin Vest for Mr. Wm. Pearson Received Payment, jE (( 28 6 1 1 1 1 41 13 11 10 5 12 16 7 15 6 3 6 6 9 Lewis Hammond. AOOOUNT I ▲ooomrr oi saui . Acoomrr or Saubb made bt Wm. Glassfobd, for Acoount or J. B. Hinds. 1854. March 2. April 8, LEGAL 70BM8 AKD LAW UAKVAL. I •J o t3 o u g m Q d lO — ^ • CO G) ~o Otr — •- <»l »- © vM 00 * on r» (N • 5 0) . « fi-ti • \ • S* \ M 03 s • h. -o < ' — < " \ CO •V3 ' C W) ^ \ ' *i 3 00 \ '4 %^ \ '-3 2 \ 0) 'c5 H^=i \ 0} *^ r- "- ^S -J \ Cm ■ C :S ~ m" » -a \ *« 2:^w«2- \ 1 •^ 1" c *= « \ ^ £ « ^ ■« © \ 6 ^SI2-S \ s 0) \ >» w \ CD ►S \ ^^ • ' "■'''> < i2 >» oo«^ p. s •^ gj © 00 e © ^- c >c > - » - T-*" . tti f tii tti Gi C ifl 12" W ^ ^ ^ — «rt^ • — '/jO O© Ctt 1 _ CO .^ ift ec Is ^ : _-* © s . b/ S g: •-' < .5 rt 5 « : S , 3 :8 «#< ::§S.^g : •i^-il't' : ^ ' c E o J- £ ^ • *^ __ -• ^ fli : - CO V S .. 1 s • o > "i rs u^-rs ^ .5r~ t: .r: f' ffi ' t ^c ^ *j 4» S*j.« i:r>*a*- O U^^Qj ^ o c E^ • t- © © »iN • ^ CI 1^ "T J= »fi o ^^ ^ fe 1 ^ s > " -^ S < ^ ^ 3 , e CO A Ba o ! o c P3 00 -i* C4 I o C 4 ▲ BALAKCX OB PBOOF BHBST. A Bai.ancr or Proof Shret, when the object is to ascertain whether you have gnined or lost in conducting business. Titles of the Accounts. Stock Account, (Capital commenced with) Fames Sievens Henry Charles William T. Romain Lewis [i. & David Styles Norman Donald Oliver Seymour Bills Receivable Bills Payable Merchandize (per inventory) .... Cash on hand IVofit and Loss (nett gain,) 121) 12 8. n. 73 18 i)18 1363 2000 31 5 17 •2510 1 8. 3 11 105 125 237 II 0. 8 2510 4 7 9 6 1 Note — This statement shows the balance only of accounts due from others to mo, and from mo to otherM, top^cthor with the present value of the varioaa kill' Is of property of which I am in possession as owner. Whenever you wish to know the amount of nett profit realized in business during a given uitcrval of time, it is necessary that you should make a statement of all ths debts due to you, together Mijth all the property of which you arc in pos^ses* sion as owner, as they are exhibited in the above left hand columns. Then place all the balances which are duo from you to others in the right hand col unns, including the amount of capital commenced with (as above.) The ditfurfncc between the aggregate of these columns, when footed, is the result of the investigation. If the left hand columns contain more than the right hand, the ditference is your nc'.t amount of profit. Bat if the right hand columns contain more than the lefr, the difference is your misfortune, and shows that your buMiicss has been so much worse than nothing; in other ^ords, that you have lost rather than gained. The dilTerence between your present nett capital, and what it was at any previous period, is the loss or gain during the interval. In the above example it appears that the total amount of debts due me, together with the amount of cash and merchandize on hand, is £2'>I0 4s. Id. ; the amount of debts due from me to others, togo* ther with the £2000 cnpitsil s'ock comtncn'icd with, (and which is |Jaced in the rlj,'ht hand columns,) i< £ J273 Os. 7d. The difference between £2510 43. Id. and £2273 Os. 7(i. is £237 :{s. GJ., which is my nett gain subsuquont to the date uf my last balance sheet. SnippEO^ UOAL lOBlCS iVD LAW iUiSVAL. Invoiob nrroicis—ovTWABD Ain> utvasd* ^ INVOICE OUTWARD. Invoice of Sundries Shipped by Henky & Jones, on board the Ship or Steam-boat St. Clare, whereof Mr. James Traver is Master for this present voyage, for Halifax, consiened to Mr. Charles Boyer, for sale on our own account, and at our risk. No. 1 « 3 « 5 ** 16 « 17 75 brls. Superfine Flour, at 25s. 20 « Mess Pork, at 45s. 17 •< PrimeBeef, at40s. 4 ** New Milk Cheese, 350 lbs., 345, 342, 339, total gross weight of 4 brls 1376 Tare of 19 lbs. each 76 Nett weight. . 1300 at S^d. 2 cases, 20 pieces Grey Cloth, 620 yds. at 2s. 3d. CHARGES. Cartage and Cooperage £0 17 6 Insurance on £272 6s. 6d. at ) per cent. 17 3 Montreal, June 10, 1854. H.&J. £|s. 9315 d. 45 34 29 69 274 15 15 11 10 8 9 3 INVOICE INWARD. Invoice of Sundries Shipped on board the Steam-boat Passport, by Lewis Stewart, of Toronto, whereof Capt. William Bowen is Master for this present voyage, consigned to Messrs. Henry &. Jones of Montreal, for sale on their and my joint account and risk. 2 cases, 105 pieces Fashionable Chintz Prints at 18s. Od. £ 98 118 141 21 43 1 s. 8 2 13 17 3 2 d. 9 J- 1 " 10 "Superfine Black Cloth 135 yards, at 17s. 6d. 2 " 48 " Satinetts, 755^ yds. at 3s. 9d. 1 bale 8 « Drab Moleskin, 350 yards at Is. 3d. 2 « 78 "Brown Cotton Shirt- ings, 2302 yds.,. . .at Os, 4 Jd. 6 2 6 3 Cartage from Store to Wharf, .... £0 1 6 Insurance on £423 5s, 2d. at ^ per cent 112 8 £ Toronto, 15th June, 1854. L. S. 424 7 10 ■ i'. § LEGAL F0BM8 AVD LAW MA5UAL. — 3 00 o5 « 5 !: < ^ J *j « S _; C rT •- aj c ^C^ 2! = « ^ e c fe n a" p o Si?.- c '^ "^ o >. c .R o o £ y. ^f5 dD o w •/- >> ^ .CO r.s >. O .t:X «a """ E o o - K 03 J fcf >i fc£-a v; "3 j^ - 0: Q o o e 1 e& o 1 » • 1 3 • M © •« 1 ao Tf 1 «N s < ^ «M ^^ ^ • 1- 1 1 1 ^ ©» O © W © t 0) 4 o w o 1 '"^ ^ *^ 1 a Sm ^ e» ^ I- 1 ' 'IN' ^ J3 • > -HtN ^ © • as & > > — 00 '3 « ■i^ 5 ^^ Ui ^ » < > ^* b a. • 4J 73 4-J a O as c o c 1 o E /^ e Va 03 Z ,o ^"^^A^^^ 1 ». ■> .i: < *i) « a: "c 03 ,c. I c •« c; O ^, •» • ^ 03 «*4 mil a Pi 2 S CO o as 03 ) . «- « 'S: o fa CO (» "^ O S ^ W 1 u ± ^ ^ ^ u -, " a rt « 1- ^ o O CC CQ F- Q fa c/ • C. 3 O »ft 5» '-''-• C* A ■^ CO O ^ ITS I = /: ■w •» H ►^ .►^ .►>' .-! .b." ■ - J 3 ^i< 3"; Hi ^ I I 2 OJ oo 73 a This our LoJ Cliariesi anil Disj the firstl County" printer, I the first James by his s| him tof traae o| part, ai'tj the day said mil Ann I fully sei devote during any oth Eerty ol onest I during i part, loi hereby faithlull as iar a provide clothinf a::d \vi virtue ; and bei namel} said Ji Indenti to b.{ k hereui first a1 Signei ,*)(■ 10 Appkenticeship J. AFFBEirriOESHsP ITfDEKTURE. APPRENTICESHIP INDENTURE. This Tnoexturr, made fhe twelfth day of June, in the ypnr of our Lord onn thousand eiuht hundred and Hi'ty-iuur, between Charii's Snail h, of the Town of , in ihe County of , and District of , of the Province of Caiuuiii, yeoman, of the first part ; and Samuel Nilcs of the Town of , in (he County of , and District of , of the said Province, printer, of the second part, WrrNKSSETii: That the said party oif the first part doth, by these presents, wilh the consent of his son James Snaith, a minor, above the age of fifteen years, signified by his signing this Indenture, Doni hereby plnce, bind and in(i the terms of this Indenture, and promises faithfully to keep and perform all things to \>A kept or performed by him. In WrrvEas whereof, the said parties to thes3 presents, have hereunto set their bauds and afiixed their sea!s, the day and year first above written. Signed, Sealel and Delivered, in presence of H. Piper, 'ui . Eben Town. Cn\RLES Snaitii, is( \ Cn\RLE3 Snah > Samuel Nilcs, H James Snai'iii. [Seal. [S^ai:\ vQi' Jl Agreement '■■; i; i II LlQiJ. /OBMS JJR> LAW MAWAL. AGREEMENT TO DEED PROPERTY. Artiolbs op Aorbembnt, made the fourth day of May, in the year of our Lord one thousand eight hundred and fiAv-four, be- tween John Hammond, of the City of Hamilton, in the County of Wentworth, of the Province of Canada, gentleman, of the firet part ; and David Waiters, of the Township of , in ;he County of , and Province aforesaid, farmer, of the second part, Whebeas : The said party of (he first part, hath agreed to sell to the party of the second part, and the said party of the rocond part, hath agreed to purchase of and from the said party of the first part, all and singular that certain tract or parcel of land, being composed of the South West half of Lot Number Four, in the Eight Concessic i of the said Township of , in the County of , containing by admeasurement one hundred acres, be the same more or less : Together with ail the privileges and appurtenances thereunto belonging, at and for the price or 8um of two hundred pounds, lawful money of Canada, payable in manner and on the days and times hereinafter mentioned, that is to say : The sum of Ten pounds in hand, at the date of these presents, and the balance in four equal annual in- 8talmv<;nts, with interest on the whole sum remaining due at the time of each payment, the first of said instalments to become due and owing on the tenth day of June next, which will be in the year of our Lord one thousand eight hundred and fifty-four, and Each of the remaiiaing instalments to become due and payable on the tenth day of June in each and every succeeding year. Now IT IS HEREBY AGREED : Betwceu the parties aforesaid, in manner following, that is to say ; the said party of the second part, for himself, his heirs, executors, administrators and assigns, Doth Covenant, promise and agree, to and with the said party of the first part, his heirs, executors, administrators and a.ssigQ8, that he or they shall and will well and truly pay, or cause to be paid, to the said party of the first part, his heirs, executors, ad- ministrators, or asitigns the said sum of money, together with the interest thereon, on the days and times and in manner above mentioned ; and also shall and will pay and discharge all taxes, rates and assessments wherewith the same land may be rated or charged. In CoNsiriERAiioN whereof, and on payment of the said sum of money, with interest as aforesaid, in manner as aforesaid^ the said party of the first part doth, for himself, his heirs, executors, administrators and assigns, covenant, promise and agree, to and with the said party of the second part, his heirs, executors, ad- ministrators or assigns, to convey and assure, or cause to be conveyed and assured, to the said party of the second part, his heirs or assigns, by a good and sufficient deed, in fee-simple, with the usual covenants of warranty, the said piece or parcel of land, with the appurtenances, freed and discharged from all incum- 12 brances, braiiceij in the suffer assigns^ paymei days at neverti In hands Signed,! in I AGl This enth d£ hundred part; County] Provin( said pa lings t< lodged tioned, the sal presen onorl thepr by sa( ned ir and a clear and ( appoi theT of prem Im doth thel cone untc ▲cnuimirT roB thi balm or iir mtatb. brauces, but subject to the conditions and reservations expressed in the original grant thereof from the Crown ; and shall and will suffer and permit the said party of the second part, his heirs and assigns, to occupy and ei\joy the same, until ' Vfa<.J Charles Euwarhs. j AGREEMENT ON SALE OF WHEAT. It is hereby Agreed : Hy William Samuels^, of in the County of , of the Province of Canada, farmer, of the first part ; and Lewis Richards, of the Town of , in the County of , of the said Province, merchant of the second part, The agreement is as follows, to wit: The said 14 party party of thol fourtel to wel merolil P*X \[ weigh! poundj the sal In hereuil day oil and fii Signed ill COlfTBACT TO BUILD A n 0«B. party of the firat pnrt ngreos to soil and deuver to HbM^ p f of ttio Mecond pnrt at his IStorn in ,on or heloK .« fourteenth day of September next, two hundred bushels ol \\ 'Ut to \veij{li sixty pounds to the bushel, vvnrrnnted tu bo t^oo i id meruhaiituble. And the said party of the second part ngrcos lu pay the suid party of the first part, five Mhillings per bushel weighinn; sixty pounds as afureNaid, making the sum of filiy pounds, liiwl'ul money of Canada, payublo on the delivery of the said two hundred bushels of wheat. In WirNEfs wiibrbof, the saiil parties to these presents have hereunto set their hands and affixed their seals, this twenty-first day of April, in the year of our Lord one thousand eight hundred and fifty-lbur. Signed, Sealed and Delivered, n in presence of / Wmxiam Samuel", [iSi>'r//.l Wm.mam How, ( Lewis UiuuARDi. [(//J H. M. Johnston. ^ CONTRACT TO BUILD A HOUSE. This Contract, made this first day of May, in the year of oup Lord OHP tliousind eight hundred and fil'ty-fou', by anl between Lewis Richards, of the Town of , in the County of , of (he Province of Canada, merchant, of the first part ; and Thomas Hall Jones, of the City of , in the County ot , of the said Province, builder, of thn sec- ond part, WITNESSETH : That the said party of the second part, hatn for and in consideration of five shillings, to him in hand paid, the receipt whereof is hereby acknowledged and confessed, and for the considerations hereinafter mentioned, doth covenant, promise, and agree, to and with the said party of the first part^ that he the said party of the second part, will, within the space of six months from the date hereof, in good and workman like manner, and according to the best of his art and skill, well and substantially erect, build, set up, and finish, one house or messu* age, at , of the dimensions following, viz : said house is to be built with such timber, brick, or stone, and other materials, as the said party of the first part shall furnish, forthwith. In CoNsntEKATioN WHEREOF, the said party of the first part, doth covenant and promise to and with the said party of the second part, to pay or cause to be paid, unto the said party of the second part, the sum of two hundred and fifty pounds, lawful money of Canada, in manner following, to Wit : — Seventy-five pounds, when the work shall be commenced, one hundred pounds, on the first day of August next, (provided the house shall at that time be at least two-thirds finished) and the remaining seventy-five pounds, when the whole work shall be completely done and 15 finished ; :^ UOAL VOBMM AlTD ItkW UAMVJLL, finiihetl : And for thn fulfilment of all the promises and oovenanta aforesaid, by each of the parties, thev respectively bind their legal representatives as well as themselves. In WiTNcas wHBiBor, the Raid parties to these presents have hereunto set their hands and afiked their seals, the day and year first above written. Signed, Sealed and Delivered, in presence of William How, H. M. JOUVSTOM. L. Richards. Taos. H. JoNBi. [Seat] [StaL] ASSIGNMENT OP A DEBT OR BOND. Know all Mrn by thbsb PREflBNTs : That I, Henry Shaw, of the City of , in the County of , of the Province of Canada, trader, of the first part ; in consideration of twenty*five pounds, lawful money of Canada, to me in hand paid by Lewis Richards, of the Town of , in the County of , of the said Province, merchant, of the second part, the receipt whereof is hereby acknowledged, I the said party of the first part. Do hereby grant, sell and assign, to the said party of the second part, a certain debt due me from Stephen Piper, of the Town of , for goods sold, and delivered ; (or, if a bond, "a certain bond; dated the , made to me, by Charles Henry for fifty pounds, conditioned, for the payment of thirty eight pounds") with full power to collect, and discharge or dispose of the same, in my name, at his pleasure, at his own ex- pense and risk. And I do hereby Covenant, that said debt ia justly due, and that I have not done and will not do any act by which the collection thereof may be hindered or prevented. In Wrm ess whbbbof, I have hereunto set my hand and afllxed my seal, this ninth day of June, in the year of our Lord one tiiousand eight hundred and fif\y-four. Signed, Sealed and Delivered, ^ John S. Low. ^ ASSIGNMENT BY ENDORSEMENT OF A JUDGMENT, MORTGAGE, OR LEASE. Know all Men by these Presents : That I, Henry Shaw, of the City of , in the County of , and District of , of the Province of Canada, trader, of the first part ; the within named, in consideration of pounds shillings, to me in hand paid by Lewis Richards, qX the Town of , in the County of , and 16 District •ec< do my land 8ign( i ' A.iiioiriusT m A Jiivli WTAffI to HI! OUDrrOBt. Diatrtet of , of (h* laid Provino^t marobMit, of Um mcoimI p»rt, \hm rtoeipt whereof J, tht taid party td Ik* y Heniy Roberts, Williams &> Dexter noted for by Chatles Mm, .Elias Holmes Grant, aating&r iW. & E. H. Grant, MmtyMfm it Co., represented fbyfCharies Smith, one of Ibe nSMdjAMq. and Styles Holmes, sU efttheCity of Montreal, of thejUMls-I^WQft* merchants, of 'the •sooond iMirt, Wsshua: iVhOiiuudilAhn Tfe^- nas Town, stands.inriabtad to hisiSaid Cire4iJiprsM^aHti4iptOr4lii^ presents, in several «umBi of money ; And wh^veasiliieimAiJQboi Thomas Town,, is posaeased of and entitled -lUVtOciasiyisriKl goods in trade, ware^ and neeehandiaes, and there. ai»4iffeiMs^(s and earns of money 4iue and owing unto: he said John XhAmiis Towiv from siundry, persons : And whereas ithe- said J.'T. rJ^owmi^lAviQg flMt with great iosse«,#nd-flU8fQFtttttesin hisAiifl||iiWi,«||H(A hmng afiered and ftroposed to his ^aid Gieditois, m^ (JUS yintiis to theae pviseats, to#ss i g n »>oeaYiey^and nM j M iWfi^J B w 4hi»ir^»e and n benefit, -KS- XJiOix voBMi lars IiA,w maftai. benefit, the said several goods in trade, wares and merchandizes, and the said debts or sams of money, and all other the goods, chattels, debts, Estate and effects, whatsoever ; which he the said J. T. Town, is possessed of or entitled unto, in manner . hereinafter mentioned and declared. And the said Creditors, parties hereto, considering the present ciroamstances and 8itua>' tion of the affairs of the said J. T. Town and to prevent as much as may be the diminishing their estate, in pursuing rigor- ous means for the recovery of their said debts, have accepted, and do herebv agree to accept of his said offer, And propose, subject nevertheless to the provisos and agreements hereinafter men- tioned : Now These Presents witness : That the said John Thomas Town, has by and with the consent and at the nomin- ation of the said several Creditors, parties hereto, assigned, transferred and made-over, unto the said Seth Thompson and Henry Roberts, their executors, administrators and assigns, All and Singular the said goods in trade, wares, merchandizes and debts, and all notes, books and papers of account, and other writings, touching and concerning the same, or any part there- of and also all other the goods, chattels, wares and merchan- dizes, monies, debts, effects and Estate of him the said J. T. Town, whatsoever, or in, or to, which he is in any-way interest- •ed or entitled : To have And to hold, receive and enjoy ; all and singular the saiJ goods in trade, wares and merchandizes, debts or sums of money and all other the premises, by these presents mentioned or intended to be assigned and transferred, unto the •said Seth Thompson and H. Roberts, their executors, adminiih trators and assigns, as for their own proper goods, monies and Estate, up «i{7Q8, do and shall divide and pay ail the clear monies which shall be raised or recovered of the debts or sums of money, and premises liereby mentioned and intended to be assigned, unto and amongst the said several Creditors of the said J. T. Town, party herfr* voilto ; who shall have executed these presents, or who shaJll hereaftw ratify and confirm the same, towards satisfaction of their sevend and respective debts, pfoportionally and according 18 w to to mil duj of. sevi sen! mo{ xsBiomiiirr ov ▲ kah's whoxob iitati to hib OBEDiroBi. to a pound rate of such debts, so far as the same assigned pre- mises, or the produce thereof; will extend to satisfy, after a de- duction of the charegs and expenses of or in the selling, disposing of, recovering and getting in of the same or any part thereof. And this Absionmeht, furtheb WrrNEssETH : That the said several Creditors of the said J. T- Town, parties to these pre- sents, for divers good causes and considerations them thereunto moving, have for themselves severally, and for their several and respective partners and assigns, remised, released, and forever quitted claim, and by these presents do, and each and every quit claim, unto the said John Thomas Town, his heirs, executors, administrators and assigns, and every of them, all and all man- ner of action and actions, cause and causes of action, suits, debts, sum and sums of money, claims and demands, whatsoever which against him the said J. T. Town, they the said Gr^ ditors, {)arties to these presents, or their several and res* pective partners, executors, administrators, and assigns, or any of them now have or ever had, or i^ entitled unto, or shall or may at any time or times hereafter have, claim, challenge or demand against the said J. T. Town, or his execu- tors, or administrators up to this day, the assignment hereby made, and the several trusts, agreements, covenants, provisos, matters and things herein contained, afore-prised and accepted. Provi- ded ALSO, and it is hereby expressly agreed by and between the said parties to these presents, that the said J. T. Town, shall be allowed the sum of five pounds, per cent, out of his estate hereby assigned, which shall be paid him by the said S. Thompson and H. Roberts, their executors, administrators or their assignees, or assigns, in wares, goods and merchandizes, out of the said Estate, anything hereinbefore contained, to the contrary thereof in any- wise notwithstanding: Provided also, and it is hereby further agreed by and between the said parties to these presents that it shall and may be lawful to and for the said S. Thompson and H. Roberts, their executors, administrators and assigns, to pay and dischai^e out of the said trust Estate hereby assigned, all sucIk sum or sums of money as now is and are and will be due ibr the rent and taxes of the store at present occupied by the said J. T. Town, in (here name tie street) of the said City of Montreal, and belonging to Hiram Tanklin, gentleman, of the City of Mod- treal, and keep the said J. T. Town harmless and discharged from all liabilities towards the said Hiram Tanklin, and also pay and discharge the sum of seventy-nine pounds, currency, due by the said J. T. Town, to Charles Jackson, of the City of Rochester, in the State of New- York, one of the United States of America, and prevent the said J. T. Town, from being molested or troubled by the said Charles Jackson, on account of the said sum of seventy nine pounds, cnrrencv : Fbotibv) also, and it is hereby mutually covenanted, declared 19 and SMIiL MiMm^fjm-uiJtuM^ ifml ngnodibv and betwsMirtke psitiMPto'tJiMse priMiit^ that no ^^tvidend or dutiibntion ihAll be msde! by< the said S. fPhompsen ?«nd (H. Roberts, of any part of tke premifes and debts thereby .assmied, or the proeeeds thereof; to or amongtt any of tro ICraditers/^mtties tothese presents, until suoh Greditor^all^have g woiw beOTPe a Justice of the 'Peace, if required >by'^e »said 8. l%anpsonand H. Roberts, that claim ordebtiwvadae andow- mg previous to the exooution of these presents. 'AwD for the execution of these presents, the said parties 'hare tilected their dmnioile at their ordinanr places of business: Thus done and passed at theIn TavsT-voRtHK CkBnrroM Kimw all'Mbn vv ttasB PsesBNTs : That I, Andc«w -I^BOr,'«f 4n*llw Gouniyof ,'Ofthe«said^roffRce,'yMmBBtHMid'of 4iie>^liMifs herein' esqfHresser'do^gmnt mkI ass i g n t6^kt said^Mies iMuaa, 'ill my isd^s, 'waras, 'fliert^haiidises, pr^patty.^estaie, tMtes^oaoeoiMte, dues, debts and ^emand8,>of ' ewry dm ai rt piion ; «a#fl|Mdfied^n'the 6i(»hedtde4itoreunto«mnexed^^ maffccd^** flw M>e iiK iAr To'««vta'A«D'TOflO£D theeame'to^the wtM lMnes^daiM,HMid tl^S^itehs, in* trust, to «eli and didpiose of thensaid g^s, -wafnes, ' in my name, or otherwise, btit at his own cost and charge, to take all legal measures which may be proper or necessary, for the complete recovery and ei^joyment of the assigned premisesf WrrNBss my hand and seal, this . day-of • A.D. 185 , itrpresence of V ACRNOWI^DGMENT OF A MORTGAGEE. B^ov4nce of Canada»' County, of. , To Wit : B& IT Rbmbmbbbbk: That on this- day of July, A. Di 1854^ before me, the subscriberi ona^of the JuMices of the Peaoe 21 in UOAL VOUfS AHS lAW UASVAL, in and for the City or County of ' , came the within named John Hartman, and acknowledged the within indenture of mortgage, to be his act and deed, to the end that the same might be recorded as such according to law. •In Testimony whereof, I have hereunto set my hand and affiled my seal, of office, the day and year first above writteii. Adau Jones. [SealA J. P. SPECIAL SUBMISSION TO ARBITRATORS. Whereas, A Controversy is now existing and pending, between Edward North, of the of , in the of the Province of Canada, yeoman, and Henry Rich, of the City of , in the County of , of the said Province, contractor, in relation to [here set forth the suMect matter in dis- vute ;] Now therefore, we. The undersigned Edward North and Henry Rich, aforesaid, Do hereby agree to submit the said con- troversy to the arbitrament of iJewis Daniels, Oliver West and Peter Devins, of the City of , in the County and Province aforesaid, or any two of them ; and we do mutually covenant and agree, two and with each other ; That the award to be made by the said Arbitrators, or any two of them, shall, in all things, by us, and each of us, be well aud faithfully kept and observed ; Provided, however, that the said award d6 made in writing, under the hands of the said Lewis Daniels, Oliver West and Peter Devins, or any two of them, and ready to be delivered to the said parties in difference, or such of them as shall desire the same, on the day of next WmiEss our hands and seats, this day of , A.D. 1854, in presence of ^ Joseph Robinson, [ Edward North, [Seal.'] William Thomas. ) Henry Rich. [SeaL] Pro^ and oau£ manj M, t j agrej nud and videt the Devil partij the jr.B.' GENERAL SUBMISSION TO ARBITRATE. Whereas Differences have for this past two months existed^ and are now existing and pending, between Edward North, of the , in the County of , of the Province of Canada, yeoman, and Henry Rich, of the City of , in the County of , of the said Province, druggist, in relation to diverse subjects of controversy and dispute : Now therefore. We, the undersigned Edward North and Henry Rich, aforesaid, Do hereby mutually covenant and agree, to and with each other; That Lewis Daniels, Oliver West and Peter Devins, of the , in the County of , of the said 22 Province, AimmAifioir bohb. Province, or any two of them, shall arbitrate, award, order, jadge, and determine, of and concerning all and all manner of actiona, oanse and caaaes of actions, suits, controversies, claims and de- mands whatsoever, now pending, existing,or held,by and between as, the said parties : And we do farther mutually covenant and agree, to and with each other, that the award to be made by the said arbitrators, or any two of them, shall, in all things, by us, and each of us, be well and faithfully kept and observed ; Pro- vided, however, that the said award be made in writing, under the hands of the said Lewis Daniels, Oliver West and Peter Devins, or any two of them, and ready to be delivered to the said parties in difference, or such of them as shall desire the same, on the day of next WrTNEss Our hands and seals, Dated at , this day of , A.D. 185 . in presence of i ^^^^^ ^ ^ ^^^ ^ Charles Ball, [ Henry Rich. UlIVER MOERIS. ) [Seal] y.B, — BvbiaiuwuM when vmd$r wo/, tht otui revoking U af*^uli ala^ b« under amA ARBITRATION BOND. Know all Msn bt these Presents : That I, William Rogers, of the Town of , in the County of . , of the Province of Canada, merchant, Am held and firmly bouod unto John Molson, of the Town of , in the County of , of the said Province, in the sum of fifty pound^ lawful money. To be psud to the said John Molson, or to hit certain attorney, executors, administrators, or assigns ; for which payment to be well and truly made, I bind mysel^niy heirs, exe- cutors and administrators, firmly by these presents. Sealed with my seal, Dated this day of , one thousand eight hundred and fifty- The Condition of this obligation is such ; That if the above bounden William Rogers, shall well and truly submit to the Decision and Award of Abbott Lawrence, Charles Jones and Ktnry Tobin, of the Town of , in the County of , of the said Province ; parties named, selected and chosen arbitrators, as well by and on the part and behalf of the- said William RcM^ers, as of the said John Molson, to arbitrate^ award, order, judge, and determine, of and concerning all and all manner of actions, cause and causes of actions, suits, contro-. versies, claims and demands, whats^ver, now pending, existing,. or held, by and between the said William Rogers ana the ^d John Molsod ; Providing the said award be made in writing,, under the hands and seals of the said Abbott Lawrence, Charlea Jones and Henry Tobin, or any two of them, and ready to be* 23 delivered: uoAL lomn M3n>iiMm iufval. delivered' to the said parties or woh of fihein ae abali desire tho same, on or before the day of „ A.D. 186 ; then this obligation to be void ^ otherwise to reinain*in full foroo and virtne ; yttre may be itiMrted in ease ef no prevwou8 submii' Han in wrUirtg ;] And lastly the above boutaden William Rogers hereby consents and agrees, that judgment in the Court of Queen's Benoh held at , [or Ck>unty Court held at< , in and for the County of ,] shall be* rendered upon the award to be made, as aforesaid, to the end that all matters in controversy between the said parties, may \» finally concluded. Signed, Sealed and Delivered, v in presence of / Wiluaw Roobrs, f'^'z/.] Oliver Morbis, I Joaw Mqlsox ['S%mi/.J James Hall. ^ n* «aov« tob$m AqiikaUi Tkt obligcr «n oMwOf U (htobiigt* inrtheothm J MFFinAVlT OP THE EXECUTION OP THE ARBITRA- TION BOND. Province or Canada, ^ Oliver Morris and James Hall, of the County of , > Town of , in the said County To wit : ; of , being duly sv, orn, madce oath and* say, that they were present, and saw William Rogerv Md John Molson sign, seal, and as their act and deed deKver the bond' hereunto annexed ; that the names' William Rogers and Jolin Moteon ; and that we the deponents set our names as sub* itribing witnesses to the same, at the time of the execution ot the bond and delivery by the said WiUiatm' Rogers and Johar Modson, as aforesaid^: and further we say not. Sworn to, this day of A.I>. 185 , before me, John Siuth, Justice of the Peace. Olivbr Morris, Hali. HOTICE TO ARBITRATORS OF THEIR APPOINTMENr. To AMmtr JLawrenccj Charles Jones and Henry Tobin, E»- ^piires: Yovahbberebt HOTmBn; That yoa have been nomi- naCed and ohosen arbitrators, as well on the part and behalf of the undersigned William Rogers, of the Tewn of ^ itt the County of , of the Provhioe cf Ga»ada, tradeiV n» of John Molson, of the same place, in tho said Province, iron- fdnnder, also a party to this notice. To Arbitrate, Award, and John Riley, of the Town of , To Wit : ) in the said County, Greeting : — Ws Command you, and each of you, personally to appear and- altmid at the house of Otis Fisher, in ihe Town of ,. iit the said County, on the day of instant^ at twelve o'clock noon of that day, before Abbott Lawrence, Charles Jones aad Henry Tobin, Arbitrators chosen to deter* mine a controversy, [or certain matters in' controversy »] betweeiL William Rogers and Johiv Molson, then and there to testify 'm, relation thereto, before the s^d arUtrators^ on the part of tho said William Rogers : Hereof fail noi at your peril. Given under my hand, at ,. this> ^b^- q£ , 1854. SoE» SnuTii,, Justice of the Peace., OATH TO BE TAKEN PROM A WITNESS BEFORE^ ARBITRATORS. You Do solemnly swear ; Tha^ the evidence you shall give t« the Arbitrators here [Hvsent, on a controversy, [or on certfdn* matters in controversy,] between William Rc^rs and Johv Molson, shall be the truth, the whole truth,, and nothing but tb» ttuth: So help yoitGod. 25 Revocatio UMAL VOBMI AlTD LAW MAirVAL. REVOCATION TO ARBITRATORS, To Abbott Lawrence, Charles Jones and Henry Tobin, Esquires : Takb motiob, That I do hereby revoke your powers as arbitra* tors under the submission made to you by John Molson and my- self, in writing, [or, as the case may bj.] Dated at , on this day of , A.D. 185 WlLUAM ROOHRS. NOTICE OF REVOCATION. To John Molson : You ASB HBRBBT NOTinBD, That I havo this day revoked the powers of Abbott Lawrence, Charles Jones and Henry Tobin, As arbitrators chosen to settle the matters in controversy between us ; And that the following is a copy of such Revocation : [ker§ cmy the Revocation.] Dated at , this day of , A.D. 185 Yours respectfully, William Rogbbs. THE AWARD. To ALL TO WHOM TRESB PrESEWTS SHALL 00MB, OR MAT CoNOBUt : Send Greeting: — We Abbott Lawrence, Charles Jones and Henry Tobin, to whom were submitted as Arbitrators, the mat- ters m controversy existing between William Rogers, of the Town of , in the County of , of the Proviiiee of Canada, trader, and John Molson, of the same place, in the said Province, iron-^founder, as by the condition of their respective bonds of submission, executed by the said parties, respectively each to the other {or where there is no bondr Say ; as oy their submission in writing ;) and bearinc date the day of , A. D. 185 , more fully appears : Now therefore know te, That We, the Arbitrators mentioned in the said bonds, (or, submission, a$ the case may he ;) having been first duly sworn occording to law, and having heard ihe evidence and allegations of the parties, and examined the matters in controversy by theia submitted : Do make this our Award in writing ; that is to siety : First we do award and order, that the said John Molson, shall make, execute and deliver, on or before the day of next, a good and sufficient deed of conveyance in fee-simple with the usual Covenants, of a certain piece or parcel of land, situate, lying and being, in the Town of , and County of , {here give the bounds ;) and the said William Rogers shall pay, or oause to be paid, to the said Johr. Molson, uie sum of poundff, immediately upon the execution and delivery of the said 26 deed. deed, (or if for damages, here name the stttjeet matter in dispute) aad say : We the said arbitrators do award and order that the Mil i John Molson shall pay or cause tc< be paid to the said >^ illiam Rogers, the sum of pounds lawful money of this Province af amages also to pay the sum of pounds in fall satisfaction of all the costs, charges and expenses, incurred by or in consequence of the said arbitration and this our award in writing. And we, do further award and acyndge, that the said Wilnam Rogers and John Molson, shall, and do within ten days next ensuing the date hereof, seal and execute unto each other, mutual and general releases, of all actions, cause and causes of action, suits, controversies, claims and demands what- soever, for, or by reason of, any matter, cautie, or thing, up to the date of the said bonds of arbitration, (or the said submission.) In WrrNEss wherkof, we the said arbitrators, have hereunto set our hands and affixed our Seals, to these presents. Dated, at , this day of , one thousand eight hundred and fifi T m presence ot OuvER Moaus, Jambs Hall. Abbott Lawsbnob, Charles Jomes, Hbket Tobin. [Seal [ikai: [SeaL' AFFTOAVIT OF THE EXECUTION OF THE AWARD. Province op Canada, County of , to Wit : Oliver Morris and James Hall, of the said County, being duly sworn depose and say : That they were present, and did see Al>> bott Lawrence, Charles Jones and Henry Tobin, sign, publish and declare, their final award and arbitration in Mnriting, between William Rogers, of the Town of , in the County of , of the Province of Canada, trader, and John Molson of thesamep1aoe> in the said Province, iron-founder, bearing date the day of , A. D. 185 , and hereunto annexed; that the names Abbott Lawrence, Charles Jones and Henry Tobin, subscribed to the said award, are the proper and genuine signatures of the said arbitrators rajid that we set our names as subscribing witnesses to the said award, at the time of its execution and publication as aforesaid : and further we say not Sworn to, at , this , ) r» -kir^ dav of , A. D. 185 , before me, i ^^ Mo™» John Smith, Justice of the Peace. ) ''^'^ "^"'• THE OATH OP ALLEGIANCE. I, A. B., do sincerely promise and swear, that I will be faith- ful and bear true allegiance to Her Migesty Queen. Victoria, {or the reigning ^vereignfor the time beingt) as lawful Sovereign of - 37 the xaoui lo; UIB L4P lUIRMl. A the United Kingdom of Great Britain and Ireland, and of thit^ Province, dependent on and belonging to tlie laid Kingdom, and that I will defend Her to< the utmoit of my power against all- traitorous conspiraoies or attemptn whatever which shall be made against Her Person, Crown and Dignity^ and that I will do my utmost endeavour to diaolose and make known to Her Majesty, Her Heire or StteceaBor% all> treasons or traitoriooa conspiraoies and attempts whioh Ishall know to be against Her or any of them ; and all this I do swear without any equivooatioB» mental evasion, or seoret reservation, andtreoouncing all pardona^ and dispensationsifrom any person or power whatsoever to Umt; contrary; So help me Go^* And also such oath for the faithful performanoe of the dutiea^ of his oiSce or for the due exeroise or his profession or calling as* hath been heretofore required, or shall be hereafter required, in any Act to be pasasd in that h^alf. OATH BY A MAYOR, ALDERMAN OR COUNCILLOR. To bt taken before any Two op more Alekrman or Councillors', l\ Henry Richard King; having been elected Mayor, {or Alder- man or Councillor, oB'the^caaomay be,) for the City of , {or Town of ,) do sincerely and. solemnly swear, that I will faithfully fulfil the said ofiice,. according to the best of my judgment and ability ; And that I am seized or possessed, for my own use, of real or personal estate, or both, in' the said City of , (or Town o£ ,) after theipayment or deduction of' my just debts,, of the value of one thousand pounds {or five^ hundred pounds^ astho can may be,) audi that I have not fradu^ lently or collunvely obtained the same, or a title to the same, for the purpose of qualifying; myself to be elected Mayor, (Alder- man, or Councallorvloynient with, by, or on behalf of such Municipal Corpora- tion during the year preceding my appointment, and that I nave not any contraet orempli^ment for the prewut year. So help me God. CERTIFICATE PROM A TREASURER OP A COUNTV. I, TiBAsuBii of the County (or United Counties^ of , do hereby certify, That I have receivea from ., the sum of , being the whole amount payable according to the provisions of an Act of the Province of'^ Canada, passed in the sixteenth year of Her Meyesty's Reign, intituled, An Act to providt for the recovery of the rates and taxes intewUd to be imposed by certain By-Utuos of the hie District Councils of Upper CtftWa, and chaptered in redemption of lot (or part of lot dexcribiog it, or acres of lot, as the case miiy b^,) number in the Concession of the Township of , Which was sold by the SherifT of the District of , (or County of ,) for arrears of taxes on the day of , in the Town of , of the said County, in the year of our Lord one thousand eight hundred and fifty- Dated at , in the County of , this day of , A. D. 1854. (Signed,) A. B., Treasurer. The above Certificate to be furnished to the person so redeem kig by the Treasurer without any Charge, which Certificate ; the Registrar of the County is required to Register, on, payment to him a fbe 6f two Shillings and sixpence. See Statutes of 16 Yict., cap. tSS, sections ix and x., 1S9B. TREASURER'S CERTIFICATE TO CANCEL A DEED. J^y Writing Across the Eactpf ilju -Follows : This Dbko is cancelled by me , Treasurer of the County 'or United Counties) of . ,ithe land described therein' having' been^redaemed «■! the 4ay of , in the yiaar of A..D«,'ltt4. (Signed,) iA.>&, TvMMfar. '♦'The Deed 40 cancelled,' toHbe ddivered^bv the 'Treasurer to 89 ' the UOAL f OUfl AVD LAW XUnTAL. the Registrar of the Coanty in which the land in lituatp, who ii reaaired to file it without charge with the ('ertificate of the reaemption of the lame land." AGRICULTURAL SOCIETY DECLARATION. Wb, WII08I Names am submribid bbbeto, Agree to form oiir- lelves into a Society, under the provisions of the Act of the Legislature of this Province, intituled, An Act to provide for the establishment of a Bureau of Agriculture, and to amend and consolidate the Laws relating to Agriculture. Assented to, 10th November, 1852, To becallM the ** County {Township or Branch, a$ the case may beA Agricultural Society of the County of ** (or Township of ) ; and we hereby severally ageo to pay to the Treasurer yearly, while we continue Members of the said Society, (any Member being at liberty to retire there from,* upon giving notice in writing, at any time before the annual Meetings to the Secretary of his wish so to do) the sums opposite our respective names ; and we furthe r agree to conform to the Rules and By-laws of the said Society. Nunea £ a d. > The Society to consist of at least fifty Members, each to pay not less than Five Shillinss annually to the funds of the said Society, and a true copy of the said Declaration shall within one month after being so signed be transmitted to the Board of Agriculture. AFFIDAVIT TO THE BOARD OF AGRICULTURE. I, A. B., of the Township of , Treasurer of the Coanty Agncultond Society of • , make oath and say, that the sum >*t , has been paid into my Hands since the first day uf February last, by the I'ownship Agncultural Societies: of the said County, as and for the Members' subscripCKm for this ;«;ar ; and that the sum of has been paid into my Hanr% as subscriptions for this year, by Members of the said County i^iMiety ; and that the said sums, making in the whote 80 the SBBUmJlB FOB nU U)AM Of MOVIT. the lam of . now remain in my bandi, ready to he difpoBfd of according to law. Sworn to before me, thii day of A. D. 185 . John Smith, ^ A. B. Juitice of the Peace for the Ck)unty of INSTRUMENT TO BE EXECUTED BY JOINT STOCK COMPANIES. This Imtrument to he Regiitered in the County in which such usorh shall be situated. Be it kbmbmbbxbd, That on day of , in the year of our Lord one thousand eight hundred and We, the undersigned Stodtholders, met at , in the County of , in the Province of* Canada, and resolved to form ourselves into a Company, to be called (insert the name intended to be taken by the Company,) accordini^ to the provisions of a certain Act of the Parliament of this Province, intituled, An Act to provide for the formation of Joint Stock Companies* for the purpose of constructing a Pier lor Piers,) AVharf (or Wharves,) and making (or dredging) a Harbour {or construct- ing a Dry Dock, at (name of the place.) And we do hereby de- clare that the capital Stock' of the said Company shall be pounds, to be divided into Shares, at the price or sum of Five Pounds each. And we, the undersigned Stockholders, do hereby agree to take and accept the number of Shares set by us opposite our respective signatures ; and we do hereby agree to pA) the calls thereon, according to the provisions of the said in part recited Act, and of the Rules and Regulations, Resolu- tiM» and By-laws of the said Company to be made or passed in 4m£ behalf; and we do hereby nominate (the names to be here inserted,) to be the first Directors of the said Company. ^ 8e« th0 Act in the 8tatutt$ of 16 VteU, cap, 124, 1868. Name. Number of Shares. Amount. . s DEBENTURE FOR THE LOAN OF MONEY. THE MONTREAL AND BYTOWN RAILWAY COMPANY. Number £ Sterling {or Currency. This Dbbbnture Witnbbseth: That the Montreal ana Bytowu 31 Railway laoAii vMatt Airs iaw mutoml. ft i ■ n Kailway Company, under the authority of the Provincial Statute passed in the Sixteenth year of her Majesty's Reign, intitiried,ji» Act to Incorporate the Montreal and Bylomn Railway Company, have received from , of , the sum of , currency, [or sterling«] as a Loan, to bear interest from the dale hereof, at the rate of per centum per annum, payable half- yearly on the day of , and on the day of , ivhich sum of , currency, [or sterling,] tM aaid Company bind and oblige themselves to pay on the itc the said or to the bearer hereof; and to pay the interest thereon half yearly, as afiHresaid, on the production of the cupan therefor, which now forms part of this Debenture. And for the due payment of the said sum of money and interest \h» said Company, under the power given to them by the said iStatnte, do hereby mortgage and hypothecate the real estate and appurtenances hereinafter described, that is to say : The whole of the Railroad from the City of Montreal to Rytown aforesaid, in- ttbuUng all the Lands at the Terminus of the said Road, and aU .^ Lands'of the Company within those limits, and all building thereon erected, and aU and every the appurtenances thereto {be- -longing, 'In Testimont whbrbof , President of the sh id Ccmn. pany, hath hereto sst and affixed his -signature, and the common ^Sealof the said Company, at the City of Montreal, this of (OneHhousand^eight hundred and jCountersigned and entered day President Secretary, 1 Certify that this Debenture was duly registered in the Regis- try office for the County of JVIonttea], in the District of Montreal, on the day of one*thousand eight hundred and .«t of the 9lock in the noon, in Register page . A. B., Registrar, CERTIFICATE GIVEN ^Y AN INSPJBCTGR OF BEE^ AND PORK. I do hereby certify, that I, Henry Boyd, have inspected barrels of Cargo, Mess or Prime Beef, or Mess or Prime Pork, [as the case may ie,] the property of , and that tiie said Mess, Prime -or Cai^ Beef, Mess or Prime Pork, is in every ipespect pa«ked'«iiid branded i^gref able to theilaws of the Province of Canada, Dated at , this day of , A. "D. 185 . Henrt'Boyd, 'MPspedoT, 88 BX09II>TS-T0jr 4CQ0.t[irT, Cf yULL, ITO. RECEIPTS. General form of a Receipt on Account. Toronto, October 18th, 1853. £37 lOs. Od., Cy. Received of John Smart, thirty-seven pounds ten shillings, currency, to apply on his account. W. H. Richmond. Beceipt in Full, Toronto, October 18th, 1853. £63 Os. Od., Cy. Received of John Smart, sixty-three pounds, currency, in full of all demands against him. W. H. Richmond. JBeceiptfor Money paid on a Note, Toronto, October 22nd, 1853. £25 Os. Od., Cy. Received of Lewis Hill, twenty-five pounds,, currency, to apply on his note for the sum of ninety-two pounds^ Cy, and dated at Montreal July 13th, 1853. W. H. Richmond. , Hecetptfor Money paid hy Third Person. Toronto, October 22nd, 1853. £17 10s. Od., Cy. ^j:^ Received of William Thain, by the Jplj^of James Stewart, seventeen pounds ten shillings, currency^ t6 apply on the account of said Wm. Thain. Robert Rayton. Ueeeiptfor Money received for Another. Quebec, October 22nd, 1853. £150 Os. Od., Cy. Received of Lewis Dole, one hundred and fifty pounds, currency, it being for the balance of account due firom said Lewis Dole to Wm. Henry. W. H. Richmond. 38 Beceipt ^fll LEGAL T0BM8 ASD LAW ICAITITAL. I'! ^ Receipt for a Quarterns Rent. Hamilton, November 3rd, 1853. £75 Os. Od., Cy. Received of Ephraim James, seventy-five pounds, cmrency, being for one quarter's rent, due this day, for my store and dwelling house, No. street, now occupied by said Ephraim James. Henry Osgood. Cf Papers. Montreal, November 4th, 1853. Received of Lewis Dole, several contracts and papers, which are described as follows: — (here describe the papers), which I promise to return to said Lewis Dole on demand. W. H. Richmond. Receipt for Money on a Bond. Montreal, November 4th, 1853. £40 Os. Od., Cy. Received of Lewis Dole, forty pounds, currency, to apply on his bond, dated the day of , 18 ' , being the same sum this day endorsed on said bond. W. H. Richmond. Receipt for Interest Money. Montreal Nov. 5th, 1853. £27 10s. 6d., Cy. Received of Lewis Dole, twenty-seven pounds ten shilli ngs and six pence, currency, being the annual interest dMflHBjjJll bond, dated the 5th day of Nov., 1852, given to me, (QHK^el Shaw,) and conditioned for the payment of the sum or "unds shillings, in years from date, with annual interest. W. H. Richmond. Receipt to he Endorsed on a Bond. Montreal, November 5th, 1853. £27 10s. 6d., Cy. Received of Lewis Dole, twenty-seven pounds ten shillings and six pence, currency, being the annual interest due on the within bond, and the same sum this day receipted by cne to the said Lewis Dole. W. H. RicHiion). 84 Receipt 0&DBB8— lOB GOODS, VOXIT, ITO. Beoeiptfor a Note of a Third Person, Montreal, Novembet 5th, 1853. Received of Lewis Jacobs a promissory note against Wm. Henry, (dated Sept., 25th, 1853, and on which there is due forty pounds, currency,) which, \\hen paid, shall be in full of all demands, against the said I cwis Jacobs. £40 Os. Od., Cy. W. H. Richmond. Note.— A receipt in full, though stron ; evidence, is not con- clusive ; and a party signing such receii t will be permitted to show a mistake or firor therein, if any oxist Receipts for the payment of money ure open to examination and may be varied explained, or contrii iicted, by parole testimony. •;5 ORDErs. An Order tor Goods. Toronto, Oct. 11th, 1853. Mr, Henry Bacon, Sir, please ] ay David Jones or order, six pounds fifteen shillings, in goods fnm your Store, and charge the same to my account. And oblige your obdt servt, £6 15s Od., Cy. W. H. RicHMom). An Order for Monejf. Hamilton, Oct. 20th, 1853. Messrs Hagerty, Wight & Co., Gentlemen, please pay Oliver Smith or ( LAW MASTUAL. Ill RESPECTING PROMISSORY NOTES. A Promissory Note is an engagement in writing to pay a certain sum of money, mentioned in it, to a person named, or to iiis order, or to such person or bearer. A Note, in its original form of a promise from one person to pay a sum of money to another, bears no particular resemblance to a bill of exchange ; but when it is' endorsed, there is a very great resemblance, Tor then it is an order by the endorser to the maker of the note, to pay the money to the endorsee. The en- dorser of the note corresponds to the drawer of the note ; the maker to the drawee or acceptor, and the endorsee to the payee. The rights and obligations of .these corresponding parties, are nearly or quite the same. It will not be necessary, therefore, to repeat all the rules that are applicable to, and govern the parties to a promissory note ; we will, however, state the principal ones, and first, of the requisites of Promissory Notes. No precise form of words .is necessary to constitute a valid promissory note. A promise to account for a certain sum, or an acknowledgment of indebtedness for value recived, is sufficient. Like bills of exchange, they must be for the payment of money only, and not for the performance of some other act ; and the amount to be paid must be fixed, and not variable, and must not depend upon contingency, but must be payable absolutely and at all events. There should be no uncertainty as to the person by whom or to whom it is payable. For example, a note payable to H. Jones, or to Lewis Davis, is not a valid promissory note. A note payable to bearer generally, or to the payee or bearer, is transferable by mere delivery ; and possession of such a note is primA facie proof of title. But if a note is drawn payable to the order of the payee, the title will pass only by the endorse- ment of the payee ; and if the endorsement be in full, the title passes to the person named therein ; but if it be in blank, it passes to the holder by delivery merely. To make a note payable at a particular place, it is not suffi- cient that there be a memorandum of the place at the bottom or margin thereof but it must be expressed in the body of the note itself and form a part thereof The words " value received " are not essential to the validity of a promissory note, although they should be inserted. A note may be made by two or more persons ; and in that case may be joint or joint and several, according to its form. The makers of a joint and several note, may be sued upon it either jointly or separately ; and if sued separately, a recovery of Judgment (without satisfaction) against one, will not be a bar to a recovery against another maker. But the makers of a joint note, should be sued jointly ; for if they are sued separately, the 40 action acl on Wt pre anc sevi CONBlDEBAT£Oir — PBBBEHTMllWT TOB PAYMENT. action can be defeated by a plea in abatement of the non-joinder of the other maker, or makers. A note signed by two or more persons, written thus ; — " We promise to pay," &c., is a joint note only ; otherwise, if the words "jointly and severally" be added. A note written, " I promise to pay," &c., signed by two or more persons, is a joint and several note. All who have signed or endorsed a note, are jointly and severally hable to the holder. Consideration. A valuable consideration is necessary to support a promissory note. A consideration founded in mere love or affection is not sufficient. Thus, a note drawn as a gift to a son or other re- lative, or to a friend, cannot be enforced an between the original parties. A mere moral obligation, though coupled with an ex- press promise, is not sufficient considration to support a note. A consideration which the law esteems valuable must exist, in order to furnish a just foundation for an action. A note will be void, as between the original parties, if found- ed upon fraud, or where undue advantage was taken to obtain it of the maker ; as, for instance, getting tne maker intoxicated, for the purpose of obtaining his note. Illegal consideration also will render a note void ; as, when a note is given for the prepetration or concealment of a crime, or for a wager, or whenever the consideration is founded upon a transaction against sound morals, public rights, or public interests. There is but one case in which a note is void in the hands of an innocent endorser for a valuable consideration ; and this is when the consideration in the note is money won at a play. Note. — Usurious interest according to our statutes for 1853 do not render a note of hand void, but in case it comes to suit the principal and six per cent, is allowed according to' law. Of Presentment for Payment. The contract of the maker being to pay the note upon due presentment at maturity, in order to charge the endorsers, it is the duty of the holder to demand payment of the maker on the very day on which, by law, the note becomes due ; and unless the demand be made the holder loses his remedy against the en- dorsers, although the maker woulu still be liable. The rules that were given to determine when bills of exchange become due ap- ply as well to notes. Three days grace are allowed on all notes except those payable on demand, and those in which no time of payment is expressed ; on such no days of grace are allowed. 41 When LZOAL 70BH8 AlTD LAW MAITUAL. When a note is made payable at any particular place, as, for instance, at a certain bank, due presentment must be made at that place in order to render the endorsers liable in case of non- I)ayment. Notes payable at a particular bank, should be eft with that banK for payment. If the note is payable generally, without any specification of place, the holder may present it for payment to the maker where- ver he may be found ; but it is not absolutely necessary that a per- sonal demand be made ; a demand at the maker's place of abode or business, is a good demand in some cases. The holder must use reasonable diligence in finding the maker, or his place of abode or place of business, in order to charge the endorsers. But the maker is liable without such demand, ^Proceeding on Non-payment, No protest is required to be made upon the dishonour of a note ; although it is common to protest them for non-payment, especially in commercial towns. But in every case of the dis- honour of a note, it is the duty of the holder to give due notice thereof to all the prior parties on the note to whom he means to look for payment ; for the holder cannot recover against a party to whom he has failed to give due notice of the dishonour. Of payment. If the maker makes due payment of a note to a bona fide holder, it will amount to a complete discharge of all other parties thereto. . But when payment is duly made by an endorser to the holder, such endorser, as a general rule, will retain his right to recover over against all the antecedent parties to the note, until he has received a full indemnity ; such payment, however, will dis- charge all the endorsers, subsequent to himself. Interest. Interest is recoverable on a promissory note, in which there is no special agreement to pay interest, from the time when the principal becomes due, or ought to have been paid. A note payable on demand carries no interest till a demand is made, either by suit or otherwise, unless there is an agreement to pay interest. A note not on demand, in which no time of payment is mentioned, draws interest from date. Whenever there is a special agreement to pay interest, that is, when the words " with use," or " with interest,'* &c., are con- tained in the note, it draws interest, of course, according to such agreement or contract. 42 In ▲K IKDOBBKB — BIBP10TI50 OHATTIL VOTIS. In Canada West a note is outlawed in six years, from the time it becomeH due. Tlie statutes require that all claims founded upon any instrument or contract not under seal, actions for the same must be commenced within six years, next after the cause of action accrued, and not after. And in Canada East a note i** outlawed in five years, from the time it becomes due. (See Section 31 of 12 Vict., cap. 22, on page 293, in this work.) Of Notice to an Midorser. In giving notice to an endorser, it is not necessary that any particular form should be observed, provided that you describe the note for which he is bound, in such terms as can leave no room for him or others to misconstrue your meaning. If you state in your notice the date of the note, the amount, the time on which it became due, together with the maker's name, it is pre- sumed that would be quite sufficient. It may be well to present a short and convenient form as follows : Ibrm of Notice. , Mr. Joseph Draper, Sir, — The note for two hundred and ten pounds, currency, dated September the twentieth, eighteen hun- dred and fifty-three, that I hold against Jacob Rich, as maker, and which became due January the twentieth and twenty-third, and on which you are endorser, remains unpaid ; therefore I shall look to you for the payment thereof. Samuel Hall. Toronto, January 23rd, 1854. RESPECTING CHATTEL NOTES. We have seen that in order to constitute a promissory note, it must be for the payment of money only ; if then a note be payable otherwise than in money, it is called a chattel note. Chattel notes are not negotiable, and, cannot be sued except in the name of the payee. No days of grace are allowed upon them. It is the duty of the maker of a chattel note, payable in specific articles, at a place mentioned in the note, to tender the articles, at that place, and at the time the note becomes due. If the maker neglects to make such tender, he will be liable to the payee to pay him the amount of the note in cash. But if, on the other hand, the maker tender the articles mentioned in the 43 note, LB0AL rOBMB AUD LAW liAVUAL. note, at the proper time and place, according to the contract, and the creditor neglects or refuses to receive them, the debt is there- by dischnr!i?ed ; but the right of property in the articles tendered passes to the creditor. The debtor may abandon the goods ten- tiered ; but if ho still elects to retain possession of them, he will be considered as bailee of the creditor, at his (the creditor's) risk and expense. The relation of debtor and creditor would in such case be changed to that of bailor and bailee. There is a difference as to tender between portable and cum- brous articles. With respect to the former, a tender as above must be made ; as to the latter, it will be sufficient if the debtor offer to deliver as the creditor shall direct. CHATTEL NOTES. No. Due nth Dec. 1853. Three months after date, I promise to pay Charles Dill, or order, one hunrdred and fifty bushels of good mer- chantable wheat, at the going price, to be delivered at the re- sidence of, (or store of,) said Charles Dill, the same to be placed to my credit. W. H. Richmond. Toronto, Sept. 17th, 1853 Payable in Stock, with Interest. Montreal, Nov. 5th, 1858. £15 Is. Od., Cy. Three days after date, I promise to pay C harles Dill, or order, fifteen pounds seven shillings, currency, in stock such as he may choose, at the valuation of three disin- terested persons, judges of the value of such stock, delivered at my residence, with interest, for value received. Samuel F. PIiiiL. No. Due 18th Nov., 1853. On Demand. Toronto, Jany. 18th, 1854. £27 10s. Od., Cy. On demand, I promise to pay to the order of W. H. Richmond, at my place of residence, in this city, twenty-seven pounds ten shillings, currency, worth of superfine flour. Charles Dill Smith. # On CHATTEL KOTXfl — BILLS OF nOOAKOK. On Time. Port Hope, Oct. I8th, 1853. £12 10s. Od., Cy. Two months from date, I promise to pay to WelIini;ton Jones, or bearer, at my place of residence in Bow- manville, twelve pounds ten shillings, currency, worth of Bound and merchantable winter apples. Donald Fipbr. No. , Duo 18th Dec, 1853. , Joint and Several Note, Brantford, Dec. lOth, 1853. £125 Os. Od., Cy. Three months after date, we jointly and seve- rally promise to pay to the ordf • of Lo' ?s Terrcrx, ai our place's of residence, in the town of Brantford, one hu !red and twenty- five pounds, currency, worth of good, healthy Mid merchantable cows, sheep, swine, and the balance, if any, in peas, y '■ the mar- ket price, for value received. Harbison Lyman. No. , Due loth March, 1854. Daniel Hookgb. A SET OF BILLS OF EXCHANGE. ^ Toronto, Dec. 23rd, 1853. No. 1. Exch. £250 Stg. Thirty days after sight of this first of Exchange, (second and third of the same tenor and date, being unpaid,) pay Messrs. A. Shaw & Co., or order, two hundred and fifty pounds, sterling, value rece*v<^il,. and place the same to my ac- count, as per advice. To Mr. Samuel Holmes, ) Merchant, London. \ W. H. Richmond. Toronto, Dec. 23rd, 1853. No. 1. Exch. £250 Stg. Thirty days after sight of this second of Ex- change, (first and third of same tenor and date being unpaid,) pay to Messrs* A. Shaw &c Co., or order, two hundred and fifty pounds, sterling, value received, and place the same to my ac- count, as per advice. To Mr. Samuel Holmes, ) W. H, Richmond] Merchant, London. ) 45 Toronto^ LEGAL TOBMS AND LAW ICAIHTAL. Toronto, Dec. 23rd, 1853. No. 1. Exch. £250 Stg. Thirty days after sight of this third of Exchange, (iirst and second of same tenor and date being unpaid,) pay to Messrs. A. Shaw & Co., or order, two hundred and fifty pounds, sterling, value received, and place the same to my account, as per advice. To Mr. Samuel Holmes, Merchant, London .1 W. H. Richmond. Si A BANKER'S DRAFT. Banit of Montreal Agency. Hamilton, 27th Dec, 1853. No. . £22 10s. Od., Cy. Three days after sight of this my first, (second not paid) please pay to the order of W. 4* J' Bond, Twenty-two pounds ten shillings, Halifax currency, and place thd same to Account of this office. To A. Simpson, Esq., ^ Cashier, Bank of Montreal, > J. Steviinson, Jr. Montreal. ) Agent, DRAFTS OR INLAND BILLS. , Toronto, Dec. 27th, 1853. No.— £125 Cy. Three days after sight, pay to the order of Henry Smith, one hundred and twenty-five pounds currency, value received, and place the same to my account, as per advice. James SHEOiDER. To Messrs. Wright & Stone, Kingston, C. W. Another Draft. Mr. William Perkins, At Hamilton, C. W. Sir, at sight, please pay S. H. Bond, or order, one thousand pounds, currency, for value received, and place the same to my account, and oblige your obedient servant, £1000 Cy, W. H. Richmond. Toronto, Dec. SOth, 1853. 40 RBBPEOTINO BILLS 01* SXOHAKOB. RESPECTING BILLS OF EXCHANGE. Exchange is the act of paying or receiving the money of one country for its equivalent in the money of another country, by means of Bills of Exchange. This operation, therefore, com- grehends both the reduction of moneys and the negotiation of ills ; it determines the comparative value of the currencies of different countries, and shows how foreign debts are discharged, and remittances made from one country to another without the risk, trouble, or expense of transporting specie or bullion. A Bill of Exchange is a written order of request, addressed by one person to a second, desiring him to pay a sum of money to a third, or to any other to whom that third person shall order it to be paid ; or it may be made payable to bearer. Bills of Exchange are very useful to business men, who wish to send large sums of money to individuals living at a distance from them. '* If A, living in Montreal, wishes to receive £250 sterling, which B, in London, owes him, he applies to C, who is going from Montreal to London, to pay him £250 pounds ster- ling, and takes his order or Draft on B for that sum, payable at sight. A receives his debt by transferring it to C, who carries his money across the Atlantic, in the shape of a Bill of Exchange, without any danger or risk in the transportation ; and on his arrival at London, he presents the Bill to B, and is paid." It is a mercantile contract in which four persons are mostly concern- ed, as follows : F^rst. — The person who makes the bill is called the drawer. Second. — He to whom it is addressed, the drawee ; and when he undertakes to pay the amount, he is then called the acceptor. Third. — The person who gives the value for the Bill, who is called the buyer, taker, and remitter. Fourth. — ^The person to whom the Bill is ordered to be paid, who is called the payee, and who may, by endorsement, pass it to any other person to receive the money, that other is called the endorsee, as the payee is with respect to him, the endorser ; any one who happens for the time to have the legal possession of the bill, is called the holder of it. Many mercantile payments are made in Bills of Exchange, which pass from hand to hand until due, like any other circulat- ing mediuLi. A bill is either foreign or inland. It is called foreign when drawn by a person in one province or country, upon one in an- other province or country ; and inland, when both drawer and drawee reside in the same province or country. These last are generally termed drafts. Foreign bills are usually drawn in sets; that is copies of the bills are made on separate pieces of j^per, each part containing a condition that it shall continue payable only so long as the 47 others LEGAL VOBMS AND LAW MANUAL. II Others remain unpaid. Whenever any one of a set is paid, the others are void ; for the whole set constitute but one U\\. The reason for drawing them in sets is, that in case one part is lost or accideutly destroyed, the other may be received by the drawee. Of the Hequisites of a Bill. A Bill of Exchange must always be in writing. No precise form of words is necessary. It will be sufficient if it contain an order or direction by one person to another, to pay money to a third. It must be for the payment of money, and money only ; and the sum to be paid must be payable absolutely and at all events, and must not depend upon any circumstance that may, or may not happen ; the exact sum also must be inserted. The place where, and on which it is drawn, should appear on the face of the bill ; there should be also a date. The time when bills are payable should be fixed ; usually they are drawn pay- able at a certain time after sight, or after date ; that is, after acceptance. It is not essential to the validity of a bill that it be negotiable, or that it contain the words " value received," although in many cases it is highly important that these words be inserted. Of the Obligation of Parties. The drawer's undertaking in a Bill of Exchange is, that the drawee, upon due presentment to him, shall accept such bill, and pay the same when due, and that if the drawee do not accept it, or pay it when due, he will pay the amount of the bill to the holder, together with certain damages, which the law allows ; provided he is duly notified of such non-payment. It is the payee's duty, if the bill remain in his possession, to present it to the drawee for acceptance and for payment, at the proper time and place, and in case the drawee refuse to accept or pay, to give notice without delay to the drawer of such re- fusal. If the payee endorse the bill, his undertaking, in regard to all subsequent holders, is exactly the same as the drawer's. The obligations of the endorsee or holder, are the same as those of the payee previous to his endorsing the bill. The acceptor undertakes, and is bound to pay the bill, accord- ing to the tenor of the acceptance, when it becomes due, and upon presentment thereof. In short, all those who have signed, accepted, or endorsed a Bill of Exchange, are jointly and seve- rally liable upon it to the holder. Of Trantfer. A bill which does not contain a direction or request to pay to the order of the payee or the bearer, is not negotiable or trans- j 48 ferable, BILLS OX* KXCHAVOE — ^FOB AOCBPTAITCB, ETC. ferable, so as to render the drawer or accepter liable to the person to whom it is transferred, though the payee would be liable on his endorsing such bill, and the endorsee could recover against him. A bill which is made payable to order is transferable only by endorsement ; but if payable to the bearer, it is trans- ferable by mere delivery. Endorsements are of two kinds — blank, and full or special endorsements. A blank endorsement i» made by the mere signature of the endorser on the back of the bill ; and if it be the signature of the payee, its effect is to make the bill thereafter payable to bearer. An endorsement in full expresses in whose favour the endorse- ment is made. Thus an endorsement in full by Charles Dill is usually in this form : " Pay James Harrison or order," and sign- ed " Charles Dill." Its effect is to make the bill payable to James Harrison or his .niCr only. An endorsee h-^^i a right to convert a blank endorsement into a special one, by writing over the signature the necessary words ; and on the other hand he may convert a special into a blank endorsement, by striking out the words that made it an endorse- raent in full. • ' Of Presentment for Acceptance. Tf a bill be drawn payable at sight, or at a certain period after eight, or after demand, it is absolutely necessary that the holdet present it to the drawee for acceptance. For until such pre- sentment there is no right of action against any party ; and generally, unless it be made within a reasonable time, the holder loses his remedy against the antecedent parties. i Of Acceptance. An acceptance is an engagement by the drawee to pay the bill when due. It may be general or conditional, and either before or after the bill is drawn. It must be in writing, though no precise form is necessary ; any written words clearly denoting an intention to accept the bill are sufficient. The holder is entitled to require from the drawee an absolute engagement to pay according to the tenor of the bill, unenoum- bered with any condition or qualification. If the drawee refuse to give the holder a general and unqualified acceptance, he may treat the bill as dishonoured. A bill is said to be honoured when it is duly accepted ; and when acceptance or payment is refUsed, it is said to be dishonoured. ■■ ' 49 Of LBGAL VOBMB AJTS LAW HAmJAL. Of Proceedingt on 2fon-Acceptanee» Immediately upon the dishonour of a bill, by the refusal of the drawee to accept it, it is in general the indespensable duty c't the holder to h ive the bill duly protested, and notice of such dis- honour and protest given to the antecedent parties to whom he intends to look for indemnity. The protest is generally drawn up by a notary public ; it is a solemn dec uration against any loss to be sustained on the part of the holc^er by the non acceptance or non-paynent of the bill. In resp; ct o inland bills a protest is not absolutely necessary, although it is usual ; notice of their dishonou.*, however, must be given by the holder to the antecedent parties, in order to make them responsible. Upon non-acceptance of a bill, if due notice thereof has been given to the antecedent parties, the holder can insist upon im* mediate payment of the bill from them. II Of Presentment for Payment. If the bill has been duly accepted, it is the duty of the holder to present it to the accepter for payment on the very day on which it becomes due ; and if the bill was accepted payable at a particular place, the holder is bound to make a demand of pay- ment at that place. For, if the holder neglect to present the bill at such time and place, he cannot recover against the drawer or endorser in case the accepter refuses payment. In determining when a bill becomes due, days of grace, as they are called, must be allowed. It is a custom in this country to give three days grace on all bills except those payable on de- mand. Demand of payment must not be made, therefore, until the third day of grace, unless such day be Sunday or a holiday observed at public offices, and places of business, in which case demand must be made on the second day of grace. ,'*••-,. m W' Of Proceedings on Non'P ay ment. The duties of the holder, upon dishonour of a bill by non-pay* ment, are the same as upon dishonour by non-acceptance. lie must make due protest for non-payment, and give due notice of the dishonour to the other parties to the bill ; in which case the holder is entitled to a full satisfaction of all damages sustained by him by reason of the dishonour against such other parties to the bill ; but if he neglect to do this the antecedent parties are discharged from all liability to the holder. 60 ( Cf 00UKTIB8 S17B8TITUTED VOB SISTBIOT SIVIBIOKS, (O. W.) Of Payment and Other Ditchargea, The accepter being primarily liable on a bill of exchange, it is evident that a payment by him to the holder discharges all the other parties from liability on the bill, provided the payment is made without knowledge of any infirmity in the title of the holder, and the names of the parties to the bill are not forgeries. Payment by the accepter should be made at maturity, and not before. The drawer and endorers will be discharged from liability bv a valid and binding agreement (in which they do not concur) between the holder and accepter, whereby time is given to the accepter for the pavment of the bill after it is due. A discharge to the accepter, we have seen, is a discharge tc all parties to the bill ; but a discharge to an endorser is no dis- charge to the prior endorsers, though it is to the subsequent endorsers. COUNTIES SUBSTITUTED FOR DISTRICT DIVISIONS, (C. W.) 12 Ttct.^ Cap. 78, 1849. -'' JExtractfrom the Act for abolishing the Territorial Divisions of Canada West into DistrictSf S[c, \ Assented to^^0thMatj^l%ii9.'\ SECTION II. And be it enacted, That the division of that part of this Province called Upper Canada, into Districts for judicial and other purposes, shall be and the same is hereby abolished. III. And be it enacted, That the Courts,Court Houses and Gaols, heretofore called District Courts, Court Houses and Gaols, shall from henceforth be called County Courts, Court Houses and Gaols, and the District Grammar Schools County Grammar Schools, and all and singular the Offices and Officers now ap- pertaining to the said Districts shall henceforth belong and appertain to the said Counties respectively, and whenever the said Offices or Officers have the title or denomination of Offices or Officers, of or for the District, they shall henceforth have the title or denomination of Offices or Officers, 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. Offices or other Institutions thereof, shall be applied to and have the same operation and effisct upon the said Counties and their respective Courts, Offices and other Institutions, as Counties. .. 61 IV. laeHL TOBICB AXTD LAW KAVVXL. IV. And he. it enacted, That the Courts of Assize and Nisi Prius, and Oyer and Terminer, Gaol Delivery, Sessions of the Peace and t)istrict Courts, shall be held in and for the said Counties, as such Courts are now held for the different districts in Upper-Canada, and that the name County shall be used in designating such Courts, and also in all legal proceeding?? where the name DUtrict is now, or by any Act pa-fied or- to be passed during the present Session of Parliament, ^Isall be used- goc pur ii •>;. PRACTICAL REMARKS ON CONVi YANCES BY DEED OR MORTGAGE, ETC., ETC. Certain Instruments of writing, such as Deeds, B oel thereof, with the appurtenances, unto the said party of the second part, his heirs and assigns, in manner and form aforesaid : And also, that it shall and may be lawful to and for the said party of the second part, his heirs and assigns, peaceably and quietly to enter into, have, hold, use, occupy, possess, and en- joy the aforesaid lands, tenements, hereditaments, and premises, hereby conveyed,*or intended so to be, with the appurtenances, without the let, suit, hindrance, interruption, or denial of him the said party of the first part, his heirs or assigns, or any other per- son or persons whomsoever, and that free and clear and freely and clearly acquitted, exonerated and discharged of and from all arrears of taxes and assessments whatsoever, due or payable upon or in respect of the said lands, tenements, hereditaments, and premises, or any part thereof, and of and from all former con- veyances, mortgages, rights, annuities, debts, judgments, execu- tions, and recognizances, and of and from all manner of other charges or incumbrances whatsoever : And Lastly, that he the said party of the first part, his heirs and assigns, and all and every other person or persons whomsoever, having or lawfully claim- ing, or who shall or may have, or lawfully claim any estate, right, title, interest, or trust of, in, to, or out of the lands, tenements, hereditaments, and premises hereby conveyed, as aforesaid, or intended so to be, with their appurtenances, or any part thereof, by, from, or under, or in trust for him the said party of the first part, his heirs and assigns, shall and will, from time to time, and at all times hereafter, at the proper costs and charges in the law of the said party of the second part, his heirs and assigns, make, do, suffer, and execute, or cause or procure to be made, done, suffered and executed, all and every such further and other reasonable act and acts, deed and deeds, devices, conveyances, and assur- ances in the law, for the further, better, and more perfectly and absolutely conveying and assuring of the said lands, tenements, hereditaments, and premises, with the appurtenances, unto the said party of the second part, his heirs and assigns, or his or theh: counsel learned in the law, shall be lawfully and reasonably de- vised, advised, or required. ^ In Witness v/hbreop, the said parties to these presents have hereunto set their hands, and affixed their seals, the day and year first above written. Signed, Sealed and Delivered,' in the presence of C. M. Smith, S. Ross. 65 Merrill Platt, L. B. Abraham. \8eal] [Seal.] Received LIOAl rOSMB XVD LAW llAJTUAL. n Received on the diw of the date of this Indenture, the sum of eighty-five pounds, of lawful nionoy of Canudu» being the full consideration therein mentioned. C. M. Smitu, S. RoHs. Merpill Platt: (See the annexed Memoiiat of this dgedf wUk the aj/idaoit to be reginlertd.) MEMORIAL WITHOUT DOWER. Memorial withotU Dower, A Memorial to l)e registered, pursuant to the Statute in 8ucb case made and provided, of an Indenture of Bargain and Sale, made the ninth day of November, in the year of our Lord on© thousand eight hundred and fifty-three, by and between Merrill Platt, of the Township of Dunham, County of Missisquoi, in the District of Montreal, and Province of Canada, yeoman, of the first part ; and Lazier B. Abraham, of Ancaster, in the County of Wentworth, and Province aforesaid, sawyer, ot the second part, Whereby : the said party of the first part, for and in consi- deration of the sum of eighty-five pounds, of lawful money of the Province of Canada, to him in hand paid, by the said party of the second part, the receipt whereof is acknowledged, Did give, grant, bargain, sell, alien, assign, transfer, release, en-feofif, convey and confirm, unto the said party of the second part, his heirs and assigns, all that certain parcel or tract of land, situate, lying and being in the Township of Sombra, in the County of Lamb- ton, of the said Province, containing by admeasurement one hundred acres of Land, be the same more or less, being the south half of Lot number Twenty, in the eighth concession of the said Township of Sombra. To have and to hold the said above-granted premises, with all the privileges and appurten- ances thereof, to the said party of the second part, his heirs and assigns, to his or their use for-ever. Which said Indenture is witnessed by Charles M. Smith, of the Town of Ancaster, in the County of Wentworth, of said Province, cordwainer, and Samuel Ross of the said place. Esquire. And this Memorial thereof, is hereby required to be registered by me, the said grantee therein named. Witness my hand and seal, this ninth day of November, in the year of our Lord one thousand eight hundred and fifly-three. Signed and Sealed, in the "^ presence of ^ ^^^^^ I ^ g Abraham. [Seal] S. Ross. j 66 . iTikt ymoBUii iviTuouT doweb. {The following is the Affidavit to be made in case the deed tvitn Memorial is to be sent by Mail or otherwiee, to be registered.) County of Wentworth, ) Charles M. Smith, of Aiicaster, in the To Wit : i sftid County of Wentworth, cordwainer, in the within Memorial named, muketh Oath, and saith, that ho was present and did see the indenture to which the said memorial relates duly executed, signed, sealed and delivered, by the therein named, Merrill Piatt, And that he is a subscribing Witness to the execution of the said Indenture ; that he, this deponent, also saw the said memorial duly signed and sealed by thf therein named Lazier Bogert Abraham, for Registry thereof, Which said Memorial was attested by him, this deponent, and another subscribing witness, and that both said Instruments were executed at the Town of Ancaster, in the said County of Wentworth. Sworn before me, at' Ancaster, in the*^ said County of Wentworth, this ninth day of November, A.D. 1853. JouN Jones, ^ Charles M. Smith A Commissioner for taking Affidavits in the Queen's Bench, in and for the said County of Wentworth. x^^imiA 11 57 op-. Dbbo IIOAX. YOBMI AlTD LAW MAT^.^M. DEED WITH DOWER. Deei 1 ! I INDENTURE Of BARGAIN AND SALE BBTWBBN It , i LAZIEB B. ABBAHAM, ei we., 0/ AneeuUr; ▲us ' •! WELLINGTON H. EIOHMOND, 0/ Tbronto, I i SOUTH HALF LOT No. 20, IN THE 8th CONCESSION, TOWNSHIP OF SOMBRA, COUNTY OF LAMBTON. Dated this 10th day of November, 1853. 58 '•- Debi> DSID WITH DOWIB. DEED WITH DOWER. Deed with Dower. Thii Indbnyurb, made the tenth day of November, in the year of our Lord, one thousand eight hundred and fiity-three, between Lazier Bogert Abraham of the Town of Ancaster, in the County of Wentworth, of the Province of Canada, sawyer, of the first part ; Isabella Abraham, the wife of the said party of the first part, of the second part ; and Wellington H. Richmond of the City of Toronto, of the said Province, publisher, of the third part, WITNESSETH : that the said party of the first part, for and in con- sideration of the sum of one hundred pounds, of lawful money of Canada, to him by the said party of tne third part, in hand well and truly paid, at or before the sealing and delivery of these presents (the receipt whereof is hereby acknowledged,) hath given, granted, bargained, sold, aliened, released, enfeoffed, con- veyed and confirmed, and by these presents doth give, grant, bargain, sell, alien, release, cnfeofi', convey and confirm unto the ■aid party of the third part, his heirs and assigns. All and Singular that cert '.in Parcel or Tract of Land and Premises, situate, lying and being in the Township of Sombra, in the County of Lambton, and Province of Canada, containing by admeasurement one hundred acres of Land, be the same more or less, being composed of the south half of lot number Twenty in the eighth concession of the said Township of Sombra, Tooetrbr with all and singular the houses, out-houses, buildings, woods, ways, waters, water- courses, easements, privileges, profits, hereditaments and appurte- nances whatsoever, to the said parcel or tract of land, tenements, hereditaments and premises belonging, or in anywise appertaining, or therewith used and enjoyed, or known or taken as a part or parcel thereof, or as belonging thereto, or to any part thereof, and the reversion, reversions, remainder and remainders, rents, issues and profits thereof. And also all the estate, right, title, interest, trust, claim, property and demand, both at law and in equity, of him the said party of the first part, of, in, to, or out of the said lands, tenements, hereditaments and premises, and every part thereof: To havc and to hold the same lands, tenements and hereditaments, and all and singular other the premises hereby conveyed or mentioned or intended so to be, with their and every of their appurtenances, unto the said party of the third part, his heirs and assigns, to the sole and only use of the said party of the third part, his heirs and assigns for-ever : Subject, neverthe- less, to the reservations, limitations, provisoes and conditions expressed in the original grant thereof from the Crown. And the said party of the first part, doth hereby for himself his heirs, executors and administrators. Covenant, Promise and Agree, to and with the said party of the third part, his heirs and assigns, in manner following, that is to say : That he, the said party of 50 <*■ the *v 1^' LEGAL rOItHS AKD LAW UANUAL the first part, at the timfi of the ensealing and delivery hereof, is, and stands solely, rightfully and lawfully seized of a good, sure, perfect, absolute and indefeasible estate of inheritance, in fee simple, of and in the Lands, Tenements, Hereditaments, and all and singular other the premises hereinbefoi e described, with their and every of their appurtenances, and of and in every part and parcel thereof, without any manner of reservation, limitation, provisoes or conditions, (other than as aforesaid, or any other matter or thing, to alter, charge, change, or incumber, or defeat the same. And also, he, the said party of the first part, now hath in him good right, full power, and lawful and absolute authority, to grant, sell, alien, convey and confirm the said lands, tenements, heraditaments and premises and every part and parcel thereof, with the appurtenances, unto the said party of the third part, his heirs, and assigns, in manner and form aforesaid. And ALSO, THAT it shall and may be lawful to and for the said party of the third part, his heirs and assigns, peaceably and quietly to enter into, have, hold, use, occupy, possess and enjoy the afore- said lands, tenements, hereditaments and premises hereby con- veyed, or intended so to be, with the appurtenances, without the let, suit, hindrance, interruption or denial of him, the said party of the first part, his heirs or assigns, or any other person or persons whomsoever, and that free and clear, and freely and clearly acquitted, exonerated and discharged of and from all arrears of taxes and assessments whatsoever, due or payable upon or in respect of the said lands, tenements, hereditaments and premises, or any part thereof, and of, and from all former cou- veyances, mortgages, rights, annuities, debts, judgments, execuh tions and recognizances, and of and from all manner of other charges or incumbrances whatsoever. And lastly, that he, the said party of the first part, his heirs and assigns, and all and every other person or persons whomsoever, having or lawfully claiming, or who shall or may have or lawluUy claim any estate, right, title, interest or trust, of, into, or out of the lands, tenements, hereditaments or premises hereby conveyed, as afore- said, or intended so to be, with their appurtenances or any part thereof, by, from, or under, or in trust for him the said party of the first part, his heirs or assigns, shall and will from time to time, and at all times hereafter, at the proper costs and charges in the law of the said party of the third part his heirs and assigns make, do, suffer and execute, or cause or procure to be made done, suffered and executed, all and every such further and other reasonable act and acts, deed and deeds, devices, con- veyances and assurances in the law, for the further, better, and more perfectly and absolutely conveying and assuring of the said lands, tenements, hereditaments and premises with tne appurte- narces, unto the said party of the third part, his heirs and assigns, as by the said party of the third part, his heirs and assigns, nis, 60 tjvi or DEED WITH DOWEX. or their counsel learned in the law, shall be lawfully and reason- ably devised, advised or required. And this Indenture also Witnesseth, that the said Isabella Abraham, the Wife of the above named party of the first part, for and in consideration of the sum of five shillings, of lawful money as aforesaid, to her by the said party of the third part now in hand paid. Hath remised and released, and for-ever relinquished, and by these presents doth remise, release, and for-ever relinquish unto him the said party of the third part, his heirs, executors, administrators and assigns, all and all manner of dower and right or title of Dower whatsoever, which she the said Isabella Abraham in the event of her surviving her said husband the said part} of the first part, might or of right ought to have or claim in, to, and out of the said certain parcel or tract of land, and the premises above mentioned, and every part and parcel thereof, and all manner of action or actions, and writ or writs of Dower whatsoever in relation thereto. In Witness whereof, the said parties to Uiese presents have hereunto set their hands, and affixed their seals, the day and year first above written. Signed, Sealed and Deliv ered, in the presence of William Dougall, Charles Stanton. I L. 6. Abraham, Isabella Abraham, Wellington H. Richmond. Seal. Seat.' Seal. 4' k .-' -ri,-. ■' :'- .\-' JU fil MsMOKfAL iff LEGAL POBMS AND LAW MANUAL. MEMORIAL WITH DOWER. MEMORIAL OF INDENTURE Of BARGAIN AND SALE BETWEEN LAZIER B. ABRAHAM, et m.^ Of AneatUr; AHD WELLINGTON H. EICHMOND, Of Toronto. SOUTH HALF LOT No. 20, IN THE 8th CONCESSION, TOWNSHIP OF SOMBRA, COUNTY OF LAMBTON. ^M Dated this IQth day of NovmAer^ 1868. Memoriai. UBlfOBIAL WITH SOWEB. MEMORIAL WITH DOWER. Memorial with Dower, A Memobtal to be registered, pursuant to the Statute in such case made and provided, of an Indenture of Bargain and Sale, made the tenth day of November, in the year of our Lord one thousand eight hundred and fifty-three, by and between Lazier Bogert Abraham, of the Town of Ancaster, in the County of Wentworth, of the Province of Canada, sawyer, Isabella Abra- ham, the wife of the said party of the first part of the second part ; and Wellington Harrison Richmond, of the city of Toronto, of said Province, publisher, of the third part. Whereby : the said party of the first part, for and in consideration of the sum of one hundred pounds, of lawful money of the Province of Canada, to him in hand paid by the said party of the third part, the receipt whereof is acknowledged, Did give, grant, bargain, sell, alien, assign, transfer, release, enfeoff, convey, and confirm, unto the said party of the third part, his heirs and asssigns, all that cer- tain Parcel or Tract of Land, situate, lying, and being in the Township of Sombra, in the County of Lambton, and Province of Canada, containing by admeasurement one hundred acres of land be the same more or less, being composed of the South half of lot number twentv, in the eighth concession of the said Township of Sombra. To have and to hold the said above- granted premises, with all the privileges and appurtenances thereof, to the said party of tKe third part, his heirs and assigns, to his and their own use for-ever. And by the same Indenture, it is Witnessed that the said Isabella Abraham, the wife of the said party of the first part, in consideration of five shillings, to her in hand paid by the hMn party of the third part. Hath re- mised, released, and for-ever relinquished her Dower in the said premises unto him the said party of the third part, his heirs, executors, administrators, and assigns ; Which said Indenture is witnessed by Willia n Dougall and Charles Stanton, of the Town of Ancaster, in the County of Wentworth. And this Memorial thereof, is hereby required to be registered by me, the said Grantee therein named. Witness my hand and seal, this tenth day of November, in the year of our Lord one thousand eight hundred and fifty-three. Signed and Sealed, in the ) ' ' w'^DouGALL I W^^^^^^TON H. RICHMOND. [Seal] Charles Stanton. } ' The Affidavit Clounty of Wentworth, ) William Dougall of Ancaster, in the To wit : ( said County of Wentworth, gentleman, in the within Memorial named, maketh Oath and saith, that he 63 waii LEOAL FOBMS AND LAW MANUAL. was present, and did see the Indenture to which the said memo- rial relates duly executed, signed, sealed and delivered, by the therein named Lazier Bagert Abraham, And that he is a subscribing witness to the execution of the said Indenture, that he, this deponent, also saw the said Memorial duly signed and sealed by the therein named Wellington Harri- son Richmond, for Registry thereof. Which said memorial was attested by him, this deponent, and another subscribing witness. and that both said Instruments were executed at the Town of Ancaster, in the said County of Wentworth. Sworn before me at Ancaster, in the said^ County of Wentworth, this tenth day of j November, A. D. 1853. John Jones, )► William Douoall. A Commissioner for taking affidavits in the Queen's Bench, in and for the said County of Wentworth. DEED WITHOUT DOWER. Deed without Dower. This Indenture, made the twenty-fourth day of December, in the year of our Lord one thousand eight hundred and fifty-three, in pursuance of the Act to facilitate the Conveyance of Real Property, between Charles Hamilton of the city of Toronto, in the County of York, and Province of Canada, merchant, of the first part; and William Henry, of the Town of Brantford, in the County of Brant, of said Province, gentleman, of the second part. WrTNEssETH : that in consideration of the'sum of three hundred and twenty-seven pounds, of lawful money of Canada, now paid by the said party of the second part to the said party of the first part, the receipt whereof is hereby by me acknowledged, I, the said party of the first part, doth grant, bargain, sell, convey, and confirm unto the said party of the second part, his heirs and assigns forever, all and singular, that certain parcel or tract of land and premises, situate, lying, and being in the Township of London, in the County of Middlesex, of the said Province, con- taining, by admeasurement, two hundred acres of land, be the 'iame more or less, being lot number 1 in the fifteenth Con- cession of the said Township of London ; Tooethbr with Ail and Singular the houses, out-houses, buildings, \\oods, ways, waters, water-courses, easements, privileges, profits, hereditaments, and appurtenances whatsoever, to the said parcel or tract of land, tenements, hereditaments and premises belonging, or in any v/ise appertaining, or therewith used and enjayed, or known or taken as a part or parcel thereof, or as belonging thereto, or to any 64 part SEED 'WITHOUT DOVIB — UXB HIHOBIAL. part thereof, and the reversion and reversions, remainder and remainders, rents, issutjs, and profits thereof: And also, all the estate, right, title, interest, use, trust, claim, property and demand both at law and in equity, of him the said party of the first part, of, in, to or out of, the said lands, tenements, hereditaments, and premises, and every part thereof: To have and to hold, unto the said party of the second part, his heirs and assigns, to and for his and their sole and only uso forever ; Subject nevertheless to the reservations, limitations, })rovisoes and conditions, expres- sed in the original grant th;3reof from the Crown: Tna said party of the first part. Covenants with the said party of the second part, that he has the right to convey the said lands to the said party of the second part, notwithstanding any act of the said party of the first part : And that the said party of the second part shall have quiet possession of the said lands, free from all incumbrances : And that the said party of the first part will ex- ecute such further assurances of the said lands as may be requi- site : And that he will produce the title deeds enumerated here- under, and allow copies to be made of them, at the expense of the said party of the second part ; And that the said party of the first part has done no act to incumber the said lands : And the said party of the first part, releases to the said party of the second part, all his claims upon the said lands. In Witness whereof, the said parties to these presents have hereunto set their hands and afiised their seals, at Brantford, the day and year first above written. Signed, Sealed and Delivered, ^ in presence of I Charles Hamilton, [5fea/.] OuvER Brown, j William Hbnrt. [Seal.^ Henry Smith. J MEMORIAL WITHOUT DOWER. Memorial withoiU Dower. A Memorial to be registeredi of an Indenture, made the twenty- fourth day of December, in the year of our Lord one thousand eight hundred and fifty-three, in pursuance of the Act to fac']i>- tate the Conveyance of Real Property, between Charles Hamil- ton, of the city of Toronto, in the County of York, and Province of Canada, merchant, of the first part ; and William Henry, of the Town of Brantford, in the County of Brant, of the said Province, gentleman, of the second part, Whereby : the said party of the first part for and in consideration of the sum of three hundred and twenty-seven pounds, lawful money of Canada, to him in hand paid by the said party of the second part, to the said party of the first part, the receipt whereof is acknowledged, did grant, bargain, sell, convey and confirm, unto the said party of the 65 second UEOAIi rOBHB AITD LAW UAXVJLL. second part, his heirs and assigns, forever, All and Singular, That certain parcel or tract of land, and premises, situate, lying, and being in the Township of London, in the County of Middle- sex, of the Province of Canada, containing by admeasurement two hundred acres of land, be the same more or less, being lot number in the fifteenth concession of the said township of London : To have and to hold the said above granted premises, unto the said party of the second part, his heirs and assigns, to and for his and their sole and only use forever, Which said In- denture is witnessed by Oliver Brown of the Town of Brantford, in the County of Brant, merchant, and Henry Smith of the city of Toronto, in the County of York, of the said Province, iron-monger; and that both said Instruments were executed at the Town of Brantford, in said County of Brant, the day and year first above written. And this Memorial thereof, is hereby required to be registered by me, the said grantee therein named. Witness my hand and seal, (.he twenty-fourth day of Decern ber, in the year of our Lord one thousand eight hundred and fifty-three. Signed and Sealed, in presence of Oliver Brown, Henry Smith. (Here follows the Afidavit Sworn to before a Commissioner. If to be sent away to be registered.) William Henrt. [Seal] DEED WITH DOWER. Deed with Dower, This Indenture, Tripartite, made the second day of January, in the year of our Lord one thousand eight hundred and fifty- four, in pursuance of the Act to facilitate the Conveyance of Real Property, between William Peel, of the City of Montreal, in the District of Montreal, and Province of Canada, gentleman, of the first part ; Susan Cornelia Peel, of the same place, Wife of the said party of the first part, of the second part ; and John Boltor, ofthi City of Kingston, in said Province, merchant, of the third part, Witnespeth : That in consideration of the sum of two hundred and fifty-eight pounds, lawful money of Canada, now paid by the said party of the third part to the said party of the first part, the receipt whereof is hereby by him acknow- ledged, He the said party of the first part, doth grant, bargain, scU, convey and confirm, unto the said party of the third part, his heirs and assigns forever, All and Singular, two certain parcels or tracts of land and premises, situate, lying, and being in the Township of , in the County of , in the District of , , of the said Province, containing by admeasurement two 4l9r hundred DSBD WITH DOWBB — ^AKD MEMOBIAL. hundred acres of land, be the same more or less, being composed of the west half of lot number Five, in the tenth concession, and the east half of lot number Five, in the eleventh concession of the said Township of ; Together with All and Singular, the houses, out-houses, buildings, woods, ways, waters, water- courses, easements, privileges, profits, hereditJiments and anpur- tenances whatsoever, to the said parcels or tracts of land, tene- ments, hereditaments and premises, belonging, or in anywise appertaining, or therewith used and enjoyed, or known or laken as part or parcel thereof, or as belonging thereto, or to any part thereof, and the reversion and reversions, remainder and remain- ders, rents, issues, and profits thereof; And also all the estate, right, title, interest, trust, claim, property and demand, both at law and in equity, of him the said party of the first part, of, in, to, or out of the said lands, tenements, hereditaments and pre- mises, and every part thereof: To have and to hold, unto the said party of the third part, his heirs and asigns, to and for his and their sole and only use forever : Subject, nevertheless, to the reservations, limitations, provisos and conditions expressed in the original grant thereof from the Crown : The said party of the first part Covenants with the said party of the third part, that he has the right to convey the said lands to the said party of the third part, not- withstanding any act of the said party of th first part ? And that the said party of the third part shall have quiet possession of the said lands, free from all incumbrances : And that the said party of the first part will execute such further assurances of the said lands as may be requisite : And that he will produce the title deeds enumerated hereunder, and allow copies to be made of them, at the expense of the said party of the third part : And that the said party of the first part has done no act to incumber the said lands ; And the said party of the first part releases to the i^aid party of the third part, all his claims upon the said lands ; And the said party of the second part, Wife of the said party of the first part, hereby bars her dower in the said lands, and pre- mises by her becoming a party to this deed. In Witness whereof, the said parties to these presents have hereunto set their hands and atfixed their seals, at Montreal, the day and year first above written. Signed, Sealed and Delivered, in presence of David Hewson, Alexander Mulholland. William Peel, Susan G. Peel, John Bolton. [Seal. rSeal. rSeal. MEMORIAL WITH POWER. Memorial toith Dower. A Memorial to be registered, of an Indenture, Tripartite, made (he second day of January, in the year of our Lord one thousand ^ eight Ueili rOBMB AKD LA.W ILilTUAL. eight hundred and fifty-four, in pursuance of the Act to facilitate the Conveyance of Real Property, between William Peel, of the City of Montreal, in the District of Montreal, and Province of Ca- nada, gentleman,of the first part ; Susan Cornelia Peel, of the same place, Wife of the said party of the first part, of the second part ; and John Bolton, of the City of Kingston, of said Province, mer- chant, of the third part, Whereby : the said party of the first part, for and in consideration of the sum of two hundred and fifty- eight pounds, lawful money of Canada, to him in hand paid by the said party of the third part, the receipt whereof is acknow- ledged. Did grant, bargain, sell, convey and confirm, unto the said party of the third part, his heirs and assigns forever ; All and Singular, those certain parcels or tracts of land and premises, situate, lying, and being in the Township of , in the County of , in theDistrict of , of the Province of Canada, con- taining, by admeasurement, two hundred acres of land, be the same more or less, being composed of the west half of lot number Five in the tenth concession, and the east half of lot number Five in the eleventh concession, in the said Township of ; To HAVE AND TO HOLD the Said above granted premises, unto the said party of the third part, his heirs and assigns, to and for his and their sole and only use forever ; And by the same Indenture it is witnessed, that the said party of the second part. Wife of the said party of the first part, has thereby barred her dower in the said lands ; which said Indenture is witnessed by David Hewson, of the City of Montreal, merchant, and Alexander Mul- hoUand, of the said City, in the District of Montreal, of the said Province, grocer, and that both said Instruments were executed at the City of Montreal, on the day and year first above written. And this Memorial thereof, m hereby required to be registered by me, the said grantee therein named. WrrMEss my hand and seal, the second day of January, in th« year of our Lord one thousand eight hundred aud fifty-four. Signed and Sealed, ^ Alex. Mulhollakd. ^ A SIMPLE DEED, WITH DOWER. ^eed with Dovoer, This Indenture, Tripartite, made the seventeenth day of Feb- ruary, in the year of our Lord one thousand eight hundred and fifty-four, in pursuance of the Act to facilitate the Conveyance of Real Property, between Charles Ball, of the Town of ilitiu- harnois, in the County of Beauharnois and District of Montlvttl, of the Province of Canada, merchant, of the first part ; and Wil- liam Hall, of the City of Montreal, of said IVovince, builder, (£ «S the A SIMJPLB DEED, WITH BOWBB. the second part, Witnesseth ; That the said party of the first {»art, for and in consideration of the sum of twenty-nve poundoi awful money of Canada, to him in hand paid by the said party of the second part, the receipt whereof is hereby acknowledged, HATH given, granted, bargained, dold, aliened, released, conveyed and confirmed, and by these present doth give, grant, bargain, sell, convey and confUrin, unto the said party of the second part, his heirs and assigns, ali that certain parcel or tract of land and premises, situate, lying and being in the Town of , in the County of , of the said Province, containing by admeas- urement , bounded and described as follows, to wit ; (Here describe the property conveyed, or intended so to be;) To HAVE AND TO HOLD the aforc-granted premises to the said, party of the second part, his heirs and assigns, to his and their sole use and behoof, forever, Subject nevertheless to the reservations, limit- tations, provisos and conditions expressed in the original grant thereof from the Crown: And I, the said party of the first part DO iiBftEBY, for myself and my heirs, executors, and administrators. Covenant with the said party of the second part, his heirs and assigns, that I am lawfully seized in fee simple of the afore-grant- ed premises : That they are free from all incumbrances ; that I have good right to sell and convoy the same to the said party of the second part ; And that I, and my heirs, executors, and ad' ministrators, will, and by these presents do, warrant and defend the same premises to the said party of the second part, his heirs and assigns, forever, against the lawful claims and demands of all persons, prior to the date of this conveyance: And by this Indenture it is hereby Witnessed ; that Susan Ball, the wife of the said party of the first part, hath, for and in consideration of the sum of five shillings, lawful money of Canada, to her in hand paid by the said William Hall, one of the aforesaid parties to this Indenture, remised, released, and forever relinquished, and by these presents doth remise release, and forever relinquish, unto him the said William Hall, his heirs, executors, administrators or assigns, All and all manner of Dowor and right or title of Dow- er whatsoever ; which she, the said Susan Ball, in the event of her surviving her said husband, the said party of the first part, might or of right ought to have or claim into and out of the said certain parcel or tract of land and premises, above described, and every part and parcel thereof, and all manner of action or actions, and writ or writs of Djwer whatsuover in relation thereto In Witness wubrrdp, the said parties to these presenlH liava hereunto set their hands and alllxed their 8(3ala, the day and yHaf first above written. ^Igi.ml, Hb,,1o.1 aii.l Delivered. | (i^j^^^ fiALi. lupresnuoeol I Hi.s.an Ball. HoiiATio Wooti, J ;'^; :::::■ 09 Seal] Seai:\ Seal] j^^ LIOAL ronua avd uiv manual. im A SIMPLE DEED, WITHOUT DOWER Deed wiihout Dower. Tims Indenture, made the twentieth day of February, in the year 'I' our Lord one thousand eight hundred and filH'-four, in pursuance of the Act to facilitate the * (Xiveyance of Real Prop- erty, between James Tcjbias, of tlie City of Hamilton, in the Coun- ty of Wentworth, of the Province of Canada, merchant, of the first part; and Henry Niles, of the Town , of the said Province, contractor, of the second part, Witnepsetii : Tliat the •aid party of the first part, for and in considi^ ^tion of the sum of pounds, lawful money of Canada, him in hand paid by the said party of the second part, the vec jjt whereof is iiere- by acknowledged, hath given, granted, bargained, sold, and by these presents doth give, grant, bargain and sell, alien, assign, transfier, convey and confirm, unto the said party of the second part, his heirs and assigns, All and Singular, that certain parcel or tract of land and premises, situate, lying and being in the Town of , in the County of , of the said Province, containing by admeasurement , bounded and described as follows, to wit: [Here describe the property;] Tooethee with all and singular the houses, out-houses, buildings, woods, ways, waters, water-courses, easements, privileges, profits, hered- itaments, and appurtenances thereunto belonging, or in anywise appertaining ; and the reversion and reversions, remainder and rey/iiinders, rents, issues and profits, thereof; and also all the es- tate, right, title, interest, use, claim, or demand whatsoever; of bhi!, Uie said party of the first part, either in law or equity, of, in and to, the above bargained premises, and every part and par- cel ti.ereof: To have and to uold the afore-granted premises, to the said party of the second part, his heirs and assigns, to his and their sole use and behoof, forever ; Subject nevertheless to the reservations, limitations, provisos and conditions, expressed in the original grant thereof, from the Crown : The said party of the first part. Covenants with the said party of the second part, that he has the right to convey the said lands and premises to the said party of the second part ; notwithstanding any act of the said party of the first part : And that the said party of the second part shall have quiet possession of the said lands and premises, free from all incumbrances : And the :said party of the first part will execute such further assurances of the said lands and premises as may be requisite. And that he will produce the title deeds enumerated hereunder, and allow copies to be made of them, at the expense of the said party of the second part: And that the said party of the first part has done no act to in- cumber the said lands or premises: And the said party of the first part releases to the said party of the second part all his claims upon the said lands and premises. 70 %, Ix unto abov Signi DBIO WITQOUT DOWEB, (SUOBT VOBM.) In WiTNEUis whereof, tho 8aid parties to these presents have here unto set their hands and aflixed their seals, the day and year first above written. Signed SoiileJ and Delivered, "^ " in presence of I Jambs Tobias, [Sica/.] William Jordah, [ Henry Nilbs. ["S'ea/.J James Thompson. J DEED WITHOUT DOWER, {Short Form.) Deed without Dow" Ti'ia Indentuii ^ '^ ,day of , in the year of our Lon. id eight hundred and , in pur- suance of the Act le the Conveyance of Real Property, between James To: ius.ot the , in the County of , of the Province of Canada, gentleman, of the first part ; Joel West, of the City of , of the said Province, grocer, of the second part, WrrNESSETii : That the said party of the first part, for and in consideration of the sum of pounds, lawful money of Canada, to him in hand paid by the said party of the second part, the receipt whereof is hereby acknowledged, hatii bargained and sold, and by these presents doth bargain and sell, unto the said party of the second part, and to his heirs and assigns, forever ; All and singular, that certain parcel or lot of land and premises situate, lying ai:d being in the Village of Brampton, of the Town- ship of , in the County of , of the said Province, de- scribed as follows : It being lot number on the south side of , street containing by admeasurement, forty-six feet frontage by seventy feet in depth with a two-story Brick house, and a framed shed and out-offices thereon erected, bounded as follows: on the front by the aforesaid street, on the east side by the prop- erty of , on the south end by the property of the heirs of the late , and on the west side by the property of , esquire : To have and to hold the aforesaid lot of land and prem- ises, Together with all and singular the hereditaments and ap- purtenances thereunto belonging, or in anywise appertaining ; and the reversion and reversions, remainder and remainders, rents, issues and profits, thereof; and also all the estate, right, title, interest, use, claim, or demand whatsoever, of him the said party of the first part, either in law or equity, of, in and to, the above bargained premises, and every part and parcel thereof, free from all incumbrances ; up to the date of this conveyance, to the said party of the second part, his heirs and assigns forev- er : Subject to the reservations in the original grant thereof from the Crown : And the said party of the second part shall have quiet possession of the aforesaid land and premises. In Witnehs whereof, the said parties to these presents have 71 hereunto IMAGE EVALUATION TEST TARGET (MT-3) t ^ // 4 /. ^ 1.0 I.I tea 128 |2.5 |S0 ""^" ■■■ £f iffi 1110 1.25 1.4 1.6 M 6" ► V ^w '>> ^,>^ Photographic Sciences Corporation 23 WEST MAIN STREET WEBSTER, N.Y. 14580 (716) 872-4503 ^ N^ ,\ iV \\ N^ 6^ ^^ ^ P UOIL TOBKB AVB LAW XAWAX.. It hereunto set their hands and affixed their seals, the day and year first above writHn. Signed, Sealed and Delivered, ^ in presence of I James Tobias, \Seal'] Henkt Jones, f Joel West. [Sea/.] Peter Henderson. J FULL COVENANT DEED, (Short Form.) Without Dower. m the This Indenture, made the dav of year of our Lord one thousand eight hundred and m pursuance of the Act to facilitate the Conveyance of Real Property, between Jacob Jones, of the Ci^ of Montreal, in the District of Montreal, in the Province of Canada^ trader, of the first part ; and Daniel West, of the Village of , in the County of and District of , of said Province, sawyer, of the second part, Witnesseth : That the said party of the first part, in consideration of the sum of pounds shillings, lawful money of Canada, to him duly paid. Hath sold, and by these presents doth grant and convey, to the said party of the second part, and his heirs, exec* utors, administrators and assigns, forever; all that certain {herede- icribe the premises;) Together with the appurtenances, and all the estate, right, title and interest, of the said party of the first part therein : And the saic* party of the first part, for himself and hia heirs, executors and administrators, doth hereby Covenant and Agree, that at the delivery hereof he is the lawful owner of the premises above granted, and seized of a good and indefeasible estate of inheritance therein, clear of all incumbrances whatever, of every name or nature : and that he will warrant and defend the above granted premises, in the quiet and peaceable posses- sion of the said party of the second part, his heirs and assigns, forever ; (if for land here insert^ Subject nevertheless, to the reservations, limitations, provisos and conditions, expressed in the original grant thereof from the Crown. In WrrNEss whereof, the said parties to these presents have hereunto set their hands and affixed their seals, the day and year first above written. Signed, Sealed and Delivered, in presence of Edward F. Small, William Walker. Jacob Jones, [SSsa/.] Daniel West. [tSea/.] DEED OF LANDS EXCHANGED. This Indenture, made the day of , in the year of our Lord one thousand eight hundred and , between John Snaith, of the Township of , in the County of , 72 and 3 ^3 N SEED 01* LAITDS IXOBAireaB — DMWH OF XA5D, XTO. and Province of Canada, yeoman, of the first pprt ; and OUver North, of the City of , in the County of , of said Province, cabinetace Price, (Trustees as a&ove,)t For and in consideration of the sum of , pounds, lawful money of Canada, to me [or to us as the case may M,] in hand well and trcdy paid, by William Hall, of the cl* in the Ooanty of . of the said Province, merchant, >the receipt whereof is hereby acknowledged ; Do hereby sell, con- 'v^ and confirm, unto the said William Hall, a certain pew, in the Church of being number , situate in the «aid 77 Church LXOAL 70BH8 AVS LAW VAVUAZ, ii Church on street in the Village of , and Prov- ince aforesaid : To hav£ and to hold the same, unto the said William Hal), his heirs, executors, administrators and assigns, forever; Subject to all liabilities and incumbrances as are now legally existing, and to such taxes and assessments as may from time to time be legally laid thereon ; Provided, hovirever, that there shall be no alteration made in the said pew, nor shall the same be transferred, or sold, by deed of sale, or a mortgage given of the said pew, without the written consent of the Warden, [or Trustees, «« the case may be,] of said {here name of Church or Society), for the time being ; And further, if, at any time, there shall be owing from said pew, a sum equal to five year's taxes, then this conveyance shall be wholly void, all the right, title and interest of the said William Hall, his heirs, executors, adminis- trators and assigns, in and to the said pew, shall revert back to the said Church, {or Society.) In Witness whereof, I, [or we] have hereunto set my [or our hands,] hand and affixed the Corporate, [or legal] seal of said Church, [or Society,] this day of , in the year of our Lord one thousand eight hundred and . Signed, Sealed and Delivered, ^ in presence of Henry Ball, Charles West, (or) Names of the Trustees, of the Church of Henry SMrrn, Warden of the Church of Trustees &c. ) Tru [Seal] [Seal] DEED FROM A GUARDIAN. To all persons to whom these Presents shall come : Know yb That I, Horace Bond, of the Town of , in the County of and Province of Canada, greyer, have been appointed Guardian of Susan Smith and Oliver Smith, minors, and Children of Wil- liam Smith, late of the said , deceased sends Greeting : — Whereas, by an order of the Court, holden at , within and for the County of , in said Province, on the day of , in the year of our Lord one thousand eight hundred and , the said Horace Bond, in his capacity of Guardian, as aforesaid was empowered and licensed to make sale of the whole of the said minors' interest, being one undivided sixth part to each minor, in the Real Estate hereinafter described : And whereas, the said Horace Bond having given the Bond, and ta- ken the oath by law required, before fixing on the time and place of sale, and also given public notice of the said sale, by causing a notice to be inserted and printed weeks, successively, in the newspaper called , printed in the Town of , and did on the day of , in the year of our Lord one thou- 78 sand DEKS rSOM Jl QVkVDIAK — IZXOUTOBB* DEED. ■and eight hundred and , cause the said minors* interest to be exposed for sale at public auction, pursuant to the said notice, on the premises, and the same was then and there struck down to Charles Thompson, of the Township of , in the County of and Province aforesaid, yeoman, for the sum of pounds, he being the highest bidder therefor : Now, know ye, That I, the said Horace Bond, in my capacity of Guardian, as aforesaid, by virtue of the power aforesaid, and in consideration of the sum of pounds, lawful money of Canada, to me paid by Charles Thompson, aforesaid, the receipt whereof I, hereby acknowledge; And do hereby grant, bargain, sell, alien, remise, release, convey and confirm, unto the said Charles Thomp- son, his heirs, executors, administrators and assigns, two undivi- ded sixth parts of a certain tract or parcel of land, situate lying and being in , bounded and described as follows, viz ; — [description ;] being the shares of the said minors therein, with all the privileges and appurtenances thereunto belonging : To HAVE AND TO HOLD the abovc granted premises, to him the said Charles Thompson, his heirs, executors, administrators and as- signs, forever ; And I, the said Horace Bond, for myself, my heirs, executors, administrators and assigns, do covenant with the said Charles Thompson, his heirs, executors, administrators and as- signs, that in making the said sale, I have in all things observed the rules and directions of the law ; and that I and my heirs, will warrant and defend the above granted premises, to the said Charles Thompson, his heirs, and assigns, ngainst the lawful claims and demands of the said minors and their heirs and all persons claiming the same by : hrough, or under them, or either of them. In Witness whereof, I, the said Horace Bond, have hereunto set my hand and affixed my seal, this day of , in the year of our Lord one thousand eight hundred and fifty- Signed, Sealed and Delivered, '"firNJAMmWEST, }- Horace Bond, [Seal] Charles Silver. EXECUTORS' DEED. This Indenture, made the day of , in the year of our Lord one thousand eight hundred and , between Samuel King, of the City of , in the County of , and Province of Canada, carpenter and joiner, and Duncan Smith, of the said City and Province aforesaid, gentleman, Executors of the last Will and Testament of Nicholas Deming, deceased, late of the City of , in the County of , and Province of Canada, of the first part, and Thomas Brown, of the Township of , in the County of , of said 79 " ^ Province, LBOAL VOBIU AVS LAW MAHVAL. Province, yeoman, of the second part. Witnkbskth : That the ■aid parties of the first part, by virtue of the power and authority to them given, in and by the said last will and testament, and for and in consideration of the sum of pounds, lawAil money of Canada, to them in hand well and truly paid, at or before the ensealing and delivery of these presents, oy the said party of the second part, the receipt whereof is hereby acknowledged, have granted, bargained, sold, aliened, released, conveyed ana confirmed, and by these presents do grant, bargain, sell, alien, release, convey and confirm, unto the said party of the second part, his heirs,' executors, administrators and asssigns, forever : All and singular that certain {here describe the property con' teyed) : Together with all and Singular, the hereditaments, and appurtenances, to the same belonging, or in anywise appertaining; and the revei-sion and reversions, remainder and remainders, rents, issues and profits thereof: And also, all the estate, right, title, interest, claim and demand whatsoever, both in law and equity, which the said testator had in his life time, and at the time of his decease, and which the said parties of the first part, or either of them, have or hath by virtue of the said last will and testament, or otherwise, of, in and to, the same, and every part and parcel thereof, with the appurtenances : To havb and to HOLD the aforegranted premises, to him, the said Thomas Brown, his heirs, executors, administrators and assigns, to his and their use and behoof, forever, {If for land;) Subject nevertheless to the reservations in the original grant thereof from the Crown: And we the said Executors, do covenant with the said party of the ■second part, his heirs and assigns, that we are lawfully the exec- utors ofthe last will and testament of the said Nicholas Deming, and that we have not made or sufiered any incumbrance on the iiereby granted premises, since we were appointed executors of the said Nicholas Deming ; and that we have in all respect* acted, in making this conveyance, in pursuance of the authority granted to us, in and by the said last will and testament of tUe Aforesaid testator. In Testimony whereof, the said parties of the first part have hereunto set their hands and affixed their seals, the day and year first above written. Signed, Sealed and Delivered, I 'Samuel Kino, [Seal'X in presence of I Duncan Smtth, [Ssff/.] David Jones, f As Executors to the estate of Oliver Dimoko. J the late Nicholas DaMiNo. DEED BY AN ADMINISTRATOR. iyfthe Estate of a person dying without a Will. To ALL TO WHOM THESE PRESENTS BHAfX COME : I, William Brown, of the Town of ,, in the County of , and 80 Provinca BIBB BT Air ▲DlCnnWTBi.TOB. Province of Canada, merchant, Administrator of the goods and estate which were of Amos Baring, late of the Village of , in the County of , of said Province, deceased, intestate, send Greeting : — Whbheas, by an Order of the Court of Chancery, {or as the case may be) held at , within the County of , on the day of last past, I the said Wil- liam Brown, was appointed Administrator, and empowered to sell and pass good sufficient Deeds, to convey the real estate of the said Amos Baring, hereinafter described ; and whereas, I, the said William Brown, have given public notice of the intended sale, by causing a notice thereof to be printed and inserted weeks, successively, in a newspaper, entitled the , printed in the Town of , in the County in which the pro- perty is situate, agreeably to the order and direction of said Court ; and having given the bond and taken the oath, by law in such cases required, previous to fixing upon the time and place of sale. Did, on the day of instant, pursuant to the appointment and notice aforesaid, sell by public auction, the real estate of the said Amos Baring, hereinafter described; to Charles Henderson, of the City of , in the County of , of said Province, grocer, for the sum of pounds, lawful money of Canada, he being the highest bidder therefor : Now, Know ye, That I, the said William Brown, by virtue of the power and authority vested in me, as aforesaid, and in con- sideration of the aforesaid sum of pounds, lawful money of Canada, to me paid by the said Charles Henderson, the receipt whereof is hereby acknowledged. Do hereby grant, bargain, sell convey and confirm, unto the said Charles Henderson, his heira* executors, administrators and assigns, all that certain {here gim full description .*) To have and to hold the above granted pre- mises, to the s£ud Charles Henderson, his heirs, executors, admin- istrators and assigns, to his and their use and behoof, forever: And I, the said William Brown, for myself, my heirs, executors and administrators, do hereby covenant with the said Charles Henderson, his heirs, executors, administrators and assigns, that in pursuance of the appointment aforesaid, I have executed this deed of conveyance according to law. In WrrNEss whereof, I, the said William Brown, have here« unto set my hand and affixed my seal, this day of in the year of our Lord one thousand eight hundred and fifty- Signed, Sealed and Delivered, in presence of Jacob Fbench, Hbnbt Hagbb. isai } WnjjAM Bbowk. [SeaL]] LlOiLL VOBMS UTS LAW MASVAL. ir DEED TO COMMISSIONER'S FOR EXECUTING THE OFFICE OF LORD HIGH ADMIRAL. I, William Smitu, of the City of Hamilton, in the County of Wentworth, and Province of Canada, for and in consideration of the sum of , to me or into the Bank of (or as the case may be,) paid b^ the Commissioners for executing the Office of Lord High Admiral of the United Kingdom of Great Britain and Ireland, do hereby convey to the said Commissioners all that certain {hen desctibing the lands to be conveyedf) Toobthee with all ways, rights and appurtenances thereunto belonging, and all such estate, right, title, and interest in and to the same and every part thereof, as I am or shall become seized or possess sed of, or am by an Act of the Parliament of this Province, passed in the Fourth Session of the third Provincial Parliament of Canada, held in the fourteenth and fifteenth years of the Reign of Her Majesty Queen Victoria, chapter sixty-seven, and intituled. An Act for vesting in the Commissioners for executing the Office of Lord High Admiral of the United Kingdom of Great Britain and Ireland, the estates and property therein described, and for granting certain powers to the said Commissioners, and for other purposes therein mentioned, capacitated or empowered to convey: And to hold the said lands to the said Commissioners in trust, and according to the intent and meaning of the said Act. In Witness wheebof, I have hereunto set my hand and seal, this day of in the year of Our Lord one thousand eight hundred and Signed, Sealed and Delivered, ^ ^ William Smith. [Seall DEED OF GIFT OF PERSONAL PROPERTY. Know all Men by these Pbesents : That I, Charles Johnson, of the Town of , in the County of , and Province of Can- ada, printer, for and in consideration of the natural love and af- fection which I bear unto my daughter Lucy Johnson, and for her better preferml3ntiI^snarriage, and the increase of her portion, and also in consideration of the sum of one pound, to me m hand paid by my said daughter Lucy Johnson, at or before the sealing and delivery hereof, the receipt whereof I do hereby acknoWledge, Have given, granted, bargained, and sold, and by^these presents do give, grant, bargain, and sell, unto my said aaughter,\ Lucy Johnson, All the goods and chattels following, to Wit : [or refer to the goods and chattels mentioned in th& schedule hereunto an- nexed :J To HAVE and to hold all and singular the premises, hereby given and granted unto the said Lucy Johnson my daught- er «$ signs, BUD 01 OUT or LAiriH-BlUAIS Of DOWIB TO AX HIXB, t er, her heirs, executors and administrators, forever, as her and their own proper {^ooiin and chattels. In Witnbss wHBRBor, I have hereunto set my hand and affixed my seal, this day of , in the year of our Lord one thousand eight hundred and fifly- Signed, Sealed and Delivered, in presence of GusTAvus Wood, Qlivm Hall. - Charles Johnson. [Sea/.] DEED OF GIFT OP LAND. This Indenture, made the eleventh day of May, in the year of our Lord one thousand eight hundred and fifty-four, between Miles Knowlton, of the Town of , in the County of , and District of , of the Province of Canada, yeoman, of the first part ; and Alexander Knowlton of the said Town, and Province aforesaid, carriage-maker, son of the said party of the first part, of the second part, Witnessbth : That the said party of the first part, for and in consideration of the natural love and Infection which he hath for and unto his son, the said party of thb second part. He the said party of the first part Hath given, grant- ed, aliened, released and confirmed and by tuese presents doth give and bequeath, unto his son the said party of the second part, his heirs, executors, administrators and assisns, forever, All and Singular, that certain parcel or tract of land, situate, lying, and being in the Township of , in the County of , and District of , of the said Province : containing two hundred acres of land bounded {here give description;] Together with all and singular, the hereditaments and appurtenances, thereunto belonging : To havb and to hold the same, unto the said party of the second part his heirs, executors, administrators and as- signs, to their own use and behoof, forever. In Witness whereof, the said parties to these presents have hereunto set their hands and afiixed their seals, the day and year first above written. Signed, Sealed and Delivered, x in presence of f Miles Knowlton, f'Siea/.l Charles SNArrn, ( Alex. Knowlton. ['%a/.J William Brooks. ^ RELEASE OF DOWER TO AN HEIR. Know all Mbn, by these Presents : That I, Caroline Sharp- son, of the Town of , in the County of , of the Province of Canada, Widow of John Sharpson, late of the Town fii f in the County and Province aforesaid, Hereby release 83 my iv i ! USOwiL TQB1I& iJn)< LAli lUjnr^Ui, my Dower, and all right, title, interest and claim of dower, unto my beloved son hereinafter named, for and in o<«sideration of the sum of poimds, lawful money of Can£|da, to me paid by my Son Charles Sharpson, of the City of in the County of , of the said Province, attorney, together with the love and affection which I have to my said son, Have Grantjbd, re- mised, released, and forever quit-claimed, and by these presents do grant,, remise, release and quit-claim, unto the said Charles Sharpson, his heirs, executors, administrators and assigns, forever: All my Dower, and right, or title of dower, and all other right, title, interest, property, claim and demand, whatsoever, in law and in equity, of me, the said Caroline Sharpson, of, in and to, (here give full description;) So that neither I, the said Caroline Sharp- son, my heirs, executors, administrators, nor any other person or persons, for me, them or any of them, shall have claim, cnsdlenge, or demand, or pretend to have claim, challenge or demand, any dpwer or any other right, title, claim, or demand, of, in, or to, the premises,, hereinbefore described : And further, the said Dower is hereby utterly debarred and excluded forever, by these presents. In Witness whereof, 1 have hereunto set my hand and affixed my seal, this dav of , in the year of our Lord one tJiousand eight hundred and fifty- Signed, Sealed and Delivered) in presence of Ovm Thompson, Lewis Davis. Caroune Sharpson. [Seal] DEED OF PARTITION. This Indenture, made the eleventh day of May, in the year of our Lord one thousand eight hundred and fifty-four, between Henry Dill, of the Town of London, in the County of Middlessex, of the Province of Canada, builder, of the first part ; Charles Jones, of the said Town and County aforesaid, of the said Province, tra- der, of the second part ; and Samuel Niles, of the Village of St. Thomas, in the County of, of the said Province, merchant, of Hae third part, WrrNESsETH : That th4 said parties to these presents have agreed to make partition of a certain tract of land situate, lying, and being, in the Town of , in the County of , of said Province, bounded and containing acres, owned by them as tenants in common, in manner follow- ing : The said party of the first part, shall hold in severalty, acres, bounded , The said party of the second part, shall hold in severalty acres, bounded , and The ■aid Darty of the third part, shall hold in severalty acres^ bounaed , And to each of said parties, his heirs, executors, administratofs and amigiis, the other two piMrties do grant and re- 84 lease leas hell evei toh the] then In here first Signi ■Dowei Kn( of the Provii Stone second pounds paid b^ of • receipt and quj quit-cia tors, a( right, ti in equit to, all tl full desc all and s belongin the origj said part said land heirs, exe against t either of In Wi hereunto April, in l fifty-four. Signed, Si in pi Lg Ja lease the tract assigned to him as aforesaid, to hold to him, Ms heirs, executors, administrators, and assigns in severalty, for- ever ; and do hereby covenant to warrant and defend the samc^ to him, his heirs, executors, administrators and assigns, acainst the lawful claims of all persons, claiming under them or either of thenL In Witness whereof, the said parties to these presents have hereunto set their hands and affixed their seals, the day and year first above written. Signed, Sealed imd Delivered, ") in presence of I Henrt Dill, {Seal.'] Henbt T. Jones, | Charles Jones, rSNsa/.J Charles Sxhth. J Samuel Niles. [ QUIT-CLAIM DEED, (No. 2.) Know all Men bt these Presents : That on this fourth day of May, in the year of our Lord one thousand eight hundred and fifty-four, that 1, Charles Silver, of the Village of Dunham, in the County ofMissisquoi, in the District of Montreal, of the Province of Canada, merchant, of the first part ; and James Harrison, of the City of Quebec, of the said Province, grocer, of the second part, Whereas : The said party of the first part. Hath, for and in consideration of the sum of two hundred and ten pounds, lawful money of Canada, to me, by the said party of the second part, in hand well and truly paid at or before the sealing and delivery of these presents, the receipt whereof is hereby acknowledged. And have quit-claimed, given, granted, bargained, sold, aliened, re- leased, en-feofifed, conveyed and confirmed, and by these presents do give, grant, bargain, sell, alien, release, en-feeofi', convey and confirm unto the said party of the second part, his heirs, execu- tors, administrators and assigns, and forever quit-claim, unto the said party of the second part, his heirs, executors, administrators and assigns to his and their sole use forever ; All and Singular that certain {here describe the premises to be conveyed;) To have and to hold the said premises, with all and singular the heredita- ments and appurtenances thereunto belonging, unto the said party of the second part, his heirs, executors, administrators and assigns, forever . And I the said party of the first part, do hereby covenant with the caid party of the second part, that I will war- rant the aforesaid premises, to the said party of the second part, his heirs, executors, administrators and assigns, and behoof, for- ever; {gainst the lawful claims of ail persons claiming under me. In Witness whf^eof, I have hereunto set my hand and affixed my seal, the day and year first above written. Signed, Sealed and Delivered, innresenceof ^^ Charles S^veb. Oliver H. Jones, Eben Town. [Seal] wh sell QUIT-CLAIM DEED, (No. 3.) Resigning tfie Right of Dower. Know all Men bt these Presents : That on this tenth day of May, in the year of our Lord one thousand eight hundred and fifty-four, that Alonzo Ball, of the Town of , in the District of , of the Province of Canada, sawyer, of the first part; Julia Ball, the wife of the said party of the first part, of the second part ; and Jonas Simpson, of the City of , of the said Province, gentleman, of the third part. Whereas : The said parties of the first and second part, for and in consideration of the sum of one hundred pounds, lawful money of Canada, to them 86 by WABBiOfXT DXXD. by the said party of the third part, in hand well and truly paid at or before the sealing and delivery of these presents, the receipt whereof we do hereby acknowledge, Have quit-claimed, and given granted, bargained, sold, aliened, released, en-feoffed, conveyed and confirmed, and by these presents do give, grant, bargain, sell, alien, release, en-feoff, convey and confirm unto the said party of the third part, his heirs, executors, administrators and assigns, and forever quit-claim, unto the said party of the third part, his heirs, executors, administrators and assigns, to his and their sole use forever, all our, and each of our right, title, interest, estate, claim, and demand, both at law and in equity, as well in possession as in expentancy of, in, and to, all that certain parcel or tract of land and premises, situate, lying, and being {here describe the premises to be conveyed f) To have and to hold the said premises, with all and singular the hereditaments, and ap- purtenances thereto belonging, to the said party of the third part, his heirs, executors, administrators and assigns, forever; Subject nevertheless, to the reservations, limitations, provisos and conditions, expressed in the original grant thereof from the Grown : And we the said parties of the first and second part, Do hereby covenant with the said party of the third part, that we will warrant the aforesaid lands and premises, to the said party of the third part, his heirs, executors, administrators and assigns, and behoof, forever; against the lawful claims of all persons claiming under us or either of us. In WrrNEss whereof, the parties to these presents have here- unto set their hands and affixed their seals, the day and year first above written. Signed, Sealed atid Delivered, ^ in presence of [ A. Ball, [Seal'^ W. T. Smh-h, ( Julia Ball, tSeal.' W. H. Edmonson. J J. Simpson. [Seal' WARRANTY DEED, {Short Form.) Without Dower, Know All Men bt these Presents: That I, Charles Waldo, of the Town of , in the County of , of the Province of Cana- da, gentleman, of the first part ; and Oliver Sussex, of the Town- ship of , in the County of , of the said Province, yeo- man, of the second part, Whereas: I the said party of the first part, have for and in consideration of the sum of pounds, lawful money of this Province, received to my full satisfaction, to me paid by the said party of the second part. And I, the said par- ty of the first part, Do hereby give, grant, bargain, sell, alien, re- lease, convey and confirm, unto the said party of the second part, his heirs, executors, administrators and assigns, forever. All and Singular that certain [here description :] To have and to hold the 87 above iid LIOAl lOBMI AXTD LAW UASVAL. above granted and bargained premises, with the appartenanoei thereof^ unto the said party of tlie second part, his heirs and assigns, to his and their own proper use and behoof, forever ; [if for land insert herCf Subject to the reservations of the Crown :] And I the said party of the first part, do, for myself, and my heirs, executors and administrators, covenant with the said party of the second part, his heirs and assigns, that at and until the ensealing of these presents, I am well seized of the premises, as of a good and inde* feasible estate in fee simile, and have good right to bargain and sell the same, in manner and form aforesaid, and that the same is free from all incumbrances whatsoever : And further, I do by these presents bind myself, and my heirs, to warrant and for- ever defend the above granted and bargained premises, unto the said party of the second part, his heirs, executors and assigns, against all claims and demands whatsoever. In WrrNESs whereof, I have hereunto set my hand and aflixed my seal, this day of thousand eight hundred and fifly- Signed, Sealed and Delivered,^ in presence of Charles Scott, Peter Jones. , in the year of our Lord one Charles Waldo, Oliver Sussex. [SeoLl [Seal] WARRANTY DEED. Resigning the Right of Dower, Know all Men bt these Presents : That I, Wellington Nelson, of the City of , in the County of , and District of , of the Pt'pvince of Canada, merchant, of the first part ; and Henry Piper, of the City of , and District of , of the said Province, merchant, of the second part, Whereas : The said party of the first part, hath for and in consideration of the sum of pounds shillings, lawful money of Canada, to him by the said party of the second part, in hand well and truly paid, at or before the sealing and delivery of these presents ; the receipt whereof is hereby acknowledged. Hath given, granted, bargained, sold, aliened, released, en-feofied, conveyed and con- firmed, and by these presents doth give, grant, bargain, sell alien, release, en-feofi', convey and confirm, unto the said party of the second part, his heirs, executors, administrators and assigns. All and Singular, that certain (fiere give description^ if for land by bounds;) a certain tract of land situate, lying, and being in said Town of , warranted to contain sixty acres, by measure, (or containing sixty acres, more or less,) bounded on the South- westerly side by the Queen's High-way, on the North-westerly side by the dwelling, etc., and lands of , thence in tfate rear by the River Thames, and on the South-easterly side by the Flowering Mills and lands of , with the buildings 88 standing SXBS TO THl GBJUri) (ninRX UAXL--WAY COICFAITT. Standing thereon ;) being the same conveyed to me by Allen Shields, by his deed dated the 24th day of June, 1841, recorded in the registry of deeds for the County of Norfolk, of said Province, office of registry at Simcoe, C. W., vol., page : To HAVE AND TO HOLD theabovc granted premises, Together 'with all and singular the hereditaments, privileges and appurtenances thereunto belonging, to the said party of the second part, his heirs, executors, administrators and assigns, forever ; (if for land insert here. Subject to reservations of the Crown :) And I, the said party of the first part, for myself and my heirs, do covenant to and with the said party of the second part, his heirs, executors. Administrators ana asssigns, that I am lawfully seized in fee-sim- jHe, of the aforegranted premises ; that they are free from all in- oombrances : That I the said part^ of the first part have good right to sell and convey the same, m manner aforesaid ; and that I and my heirs, executors, administrators and assigns, will war- rant and defend the same premises, to the said party of the sec- ond part, his heirs, executors, administrators and assigns, and be- hoof, forever ; against the lawful claims and demands of all per- sons claiming under me, (if there are two or more grantor^s aay, claiming under us or either of us). In Witness whereof, I, the said party of the first part and Mary Nelson, my wife, in token of her relinquishment of her right in Dower, have hereunto set our hands and affixed our seals, at the same time and with the grantee hereinbefore named, this eleventh day of May, in the year of our Lord one thousand eight hundsed and fifly-four. Signed, Sealed and Delivered, 1 Wellington Nelson, in presence of f Mart Nelson; Henry T. Jones, | Henrt Piper. Charles SNArni. Seal Seal' Seal^ DEED TO THE GRAND TRUNK RAIL-WAY COMPANY. Know all Men by these Presents : That I, William Hall, of [here name the wife if anyi\ do hereby in consideration of the sum of lawfui money of this Province, paid to me by TheGrand Trunk Railway Company of Canada, the receipt where- <^ is hereby acknowledged. Do grant, bargain, sell, convey and confirm, unto the said ine Grand Trunk Rail-way Company of Canada^ their successors and assigns forever, all that certain tract or parcel of land situate [here describe the land ;] the same having been selected and laid out by the said Company for the purposes of their Rail-way : To have and to hold the said land and premises. Together with the hereditaments thereto, to the said The Grand Trunk Rail- way Company, their successors and assigns forever, [here release of Dowtr if any ^ 89 Witness LBOAL T0SM8 Am) LAW liAJSVAJ,. Witness my Hand and Seal, this day of one thousand eight hundred and fifty- Signed, Sealed and Delivered, in presence of / William Hall, [Seal'] William Jones, ( [here name of wife in Peter Smith. ' case of Dower.] [Seal.] DEED TO THE HAMILTON AND TORONTO RAIL- WAY COMPANY. Know all Men bt these Prbbents : That I, Charles Johnson, of , do hereby in consideration of the sum of lawful money of Canada, paid to me by the Hamilton and Toronto Railway Company f the receipt whereof is hereby acknowledged, Do grant, bargain, sell, convey and confirm, unto the said Hamilton and Toronto Rail-way Company, their successors and assigns, forever, all that certain tract or parcel of land situate , the same having been selected and laid out by the said Company for the purposes of their Rail-way : To have and to hold the said land and premises, Together with the hereditaments and appurtenan- ces thereto, to the said Hamilton and Toronto Rail- way Company their successors and assigns, forever. Witness my hand and Seal, this day of , one thousand eight hundred and fifty- Signed, Sealed and Delivered, v '" ^""thomL^Thain, C Charles Johnson. [Seal] W. H. Richmond. ^ DEED TO A RAIL-WAY COMPANY. Know all Men bt these Presents : That'I, , of , {insert the name of the wife also if she is to release her Dower, or for any other reason to join in the conveyance^ do hereby, in consideration of the sum of lawful money of Canada, to me paid {or as the case may he) by the Rail-way Com- pany, the receipt whereof is hereby acknowledged. Do grant, bar- gain, sell, convey and confirm, unto the said Rail-way Com- pany, their successors and assigns, forever: All that certain par- cel or tract of land situate {describe the land;) the same having been selected and laid out by the said Company for the purpose of their Rail- way: To have and hold the said land and premises, Together with the hereditaments and appurtenances thereto to the said Rail-way Company, their successors and assigns, forever ; (if there be Dower to be released add,) "and I, (name of wife) hereby release my Dower on the aforesaid premises.*' 90 Witness DEED lOB THE BITE OF A COMMOIT SCHOOL HOUSE, ETC. Witness my (or our) hand (or hands) and seal (or seals,) this day of , one thousand eight hundred and fifty- Signed, Sealed and Delivered, v in presenoe of r John Abels, [^Seai.'] Henby Tobias, i ^ {Andifm/iiJoin.) William Henderson. ^ CarouneC. CarouneC. Abels [Seal,"] N, B. — A Deed to a Rail-way Company may he Registered up- on production thereof, and proof ofexecution^ without any memo- rial, and to minute such entry on the Deed ; Registrars Fees fov 80 doing Two shillings and sixpence, and no more, which said en- registration is valid in law. DEED FOR THE SITE OF A COMMON SCHOOL HOUSE, AND TEACHER'S RESIDENCE. This Indenture, made the day of , in the year of our Lord one thousand eight hundred and , in pursuance of the Act to facilitate the Conveyance of Real Property, between , of the Township {Town or City) of , in the County of , and Province of Cansida, of the first part ; and the Trustees of School Section Number , in the Township of , in the County of , and Province aforesaid, of the second part, Witnesseth : that for and in consideration of the sum of pounds, lawful money of Canada, now paid by the Trustees of the School Section afore- said, their successors and assigns forever. All that parcel of land, &c. In trust for the use of a Common School, in and for School Section Number , in the Township of , and in the County and Province aforesaid, The said , covenants with the Trustees of the School Section aforesaid, that he hath the right to convey the said lands to the Trustees of the Section aforesaid : And that the Trustees of the School Section aforesaid shall have quiet possession of the said lands, free from all incum- brances : And the said covenants with the Trustees of the School Section aforesaid, that he will execute such further assurances of the said lands, as may be requisite. In Wftness whereof, the said parties to these presents have hereunto set their hands and affixed their seals, the day and year before mentioned. Signed, Sealed and Delivered '^ Charles Jones, [Seal.'\ in presence of I Peter Rich, ( ^Qj^o^ate ) James Hall, [ Henrt Burnham, < J^ j ? Lewis Davis. J Gustavus Yates. ( * ' Trustees. Remarks. — 1. If the grantor be a married man, his wife's name must be inserted in the deed, and this phrase added after the 91 ' word n Ir I UBOAL tOBMB AJSJ) LAW JUSVJLL, word "requisite:** And , wife of the said , hereby bars her dower in the said lands. 2. When, however, the land has descended to the wife in her own right, she must, besides joining with her husband in the con- veyance, appear before two justices of the peace, to declare that she has parted with her estate in the land intended to be conveyed without any coercion or fear thereof by or on the part of her husband ; and the certificates of such justices must ap- pear on the back of the conveyance the day of its execution. The form of the certificate is as follows ; — " We the undersigned Justices of the Peace for , do hereby dirtify that on this dav of , 18 , at t the within deed was duly executed in the presence of , by , wife of , one of the grantors therein named; and that the , at the said time and place, being ex- amined by us, apart from her husband, did appear to ffive her consent to depart with her estate in the lands mentioned in the said deed^ freely and voluntarily, and without coercion or fear of Coercion on the part of her husband, or of any other person or persons whatsoever." rtR.W ,J.P. "A. M ^,J.P." 3. If the deed be for the site of a school-house in a city, town, or incorporated village, the words, board of school trustees for such city, town or village, should be inserted instead of the words ** Trustees of school section number," &.C., in the foregoing form. See the twenty-fourth and twenty-sixth sections of the Act. SHERIFFS DEED POLL. Provutoe of Canada. r To ALL to WHOM THESE PRESEffTB SHALL COME : I, Henry John- son, Esquire, Sheriff of the United Counties of , send GRXETmo : — Whereas, under and by Virtue of a Writ of Fieri Facias^ issued out of the County Court, of the County of , now one of the United Counties of , commanding me that of the Goods and chattels of Oliver Daniels, I should cause to be made Seventv-five pounds, which Thomas Russell and Peter Davis Hall, in the County Court of the County of , recovered against him for their damages, which they had sus- tained as well on the occasion of the not performing certain pro- mises, lately made by the said Defendant, to the said Plaintiffs as for their costs, charges by them about their suit in that behalf expended, whereof the said Defendant was convicted as appears of Record, and that I should have that money before the said Court at , on the day of , Term, one 92 thousand 8EXBIlt*S DXIO SOIL. thousand eight huqdred and fifty-three ; to render to the said Plaintifi^s for their damages aforesaid, together with the said Writ, and I on that day returned to the said Court at , aforesaid, that by Virtue of the said Writ of Fieri Facias^ to me directed, I had levied of the proper goods and chattels of the said Defendant to the amount of sixty pounds, of which said sum I had paid to the landlord, the sum of twelve pounds fiAeen shill- ings, being the rent due by the said Defendant, and the remaining sum of forty-seven pounds five shillings, I had paid to the Plain- tiflTs attorney, and that the said Defendant had not any other goods or chattels in my County whereof I could cause to be made the residue of the damages aforesaid or any part thereof; By Virtue of which said return I was further commanded that of the Lands and Tenements in my County of the said Defen- dant, I should cause to be made twenty-seven pounds fifteen shillings, residue of the damages aforesaid, and that I should have the money befwe the said Court at aforesaid, on the first day of Term, one thousand eight hundred and fifty- four, rendered to the said plaintifi*s for the residue of the dam- ages aforesaid, together with the said writ, as by the said writ of ^rifacitts reference being thereto had, will more fully and at large appear certain that the lands in the Township of , in the County of one of the said United Counties of , were seized and taken in execution and having been duly advertized according to law. Were on the day of , one thousand eight hundred and fifty-four, exposed to sale, and adjudged to Charles Wells, for the sum of fortv-seven pounds five shillings, lawful money of the said Province, being the best price thi^t could bq obtained for the same. Now Know all men by these Pkiissents: That I, Henrt Johnson, Esquire, Sherifi' of the Uniteri* Counties of , in consideration of the said seizure and sale and also in conside- ration of the sum of forty-seven pounds five shillings, lawful money of Canada, to me in hand well and truly paid by Charles Wells of the Town of , in the County of , Esq, the receipt whereof is hereby acknowledged. Have bargained, sold, assigned, transferred, and set-over and by these presents, do bargain, sell, assign, transfer and set-over, unto the said Char* les Wells, his heirs, executors, administrators and assigns, All and Singular the righ^ title and interest of the said Oliver Dan- iels, of, in and to part of Lot number Seveli, in the Tenth Con- cession of the Township of , and also known as Village Lot number Nine on the West side of Peter Street, in the Village of , in the Township of aforesaid, and County aforesaid, containing by admeasurement one quarter of an acre be the same more or less: To have and to hold the said Lands with the api)urtenaQces and all and singular the right, title, in- teirest or claini, which the said Oliver Daniels at the issuing of 93 the LIOAL fOBMS AKD LAW UXSVAL. . 1 the execution had in the same, unto the said Charles Wells, his heirs, executors, administrators and assigns, and to his and tbeir sole use, benefit and behoof, forever. In Witness wherbof, I have hereunto set my hand and affixed my seal of Office, this day of , in the year of our Lord one thousand eight hundred and fifty-four. Signed, Sealed and Delivered,^ in presence of I Hbnrt Johnson, [Seal] WuxARD Milks, f Sheriff, Samuel Austin. SHERIFFS DEED OF SALE, (C. E.) Provinob cv Canada. To all to whom these Presents shau< come : I, Henry Johnson, Esquire, Sheriff, of the of , in the Province, of Canada, send Greeting : — Whereas, on the day of , in the year of our Lord one thousand eight hundred and fifty- , a certain Writ of Execution of our Lady the QUEEN, was sued out of holding Civil Pleas in the said , at the suit of , And Whereas : I the said Sheriff, having so seized into my hands, and taken the said in execution, did cause the same to be advertized and published according to Law, to be sold and ad- judged to the highest bidder, at on the day of at the hour of of the clock in the noon, and the said being then and there put up to sale in the usual manner become the purchaser thereof, being the best and highest bidder, at and for the price or sum of pounds, lawful money of the Province of Canada aforesaid : Now, in order to convey the said (Jiere give description ;) and to confirm the purchase thereof to the said , heirs and as- signs. Know all Msn bv these Presents : That I, the said Henry Johnson, Sheriff as aforesaid, by virtue of the said Writ of Execution, and of my said Office, and for and in con- sideration of the said sum of to me in hand well and truly paid by the said , at or before the execution hereof, the receipt whereof I do hereby acknowledge, and therefore do acquit and discharge the said heirs and assigns. Have granted, bargained, sold and conveyed, and by virtue of the said Writ of Execution, and these presents, do, as much as in me is, and I lawfully may grant, bargain, sell and convey to the said heirs and assigns. All the said hereinbefore mentioned, situate, lying and being as aforesaid, and also all and singular the right, title, interest, property, claim and demand whatsoever, of me the said Sheriff, by virtue of the Writ of Execution afore- 94 said. wi I han int and snxBin's siiD or liasehols fbopibtt. ■aid, of, in and to the same and every part and parcel thereof: To UAVB AND TO HOLD all the said , in and bv these presents barsained, sold and conveyed, and every part and parcel, thereof, with and every of the appurtenances, unto the said , heirs and assigns, to the onlv proper use, benefit and behoof of the said , heirs and assigns, forever, and to and for no other use, intent or purpose whatever. In Witness whereof, I, the said Sheriff, have hereunto set my hand, and aflSxed my seal of Office, this day of ^ , in the year of the Reign of our Sovereign Lady Victoria, by the Grace of God, of the United Kingdom of Great Britain and Ireland, Queen, Defender of the Faith, and in the year of our Lord one thousand eight hundred and fifty- Signed, Sealed and Delivered, in presence of Horace Baker, James Lagrange. Henry Johnson, (Seal.) Sheriff. SHERIFF»S DEED OF LEASEHOLD PROPERTY. At the Suit of James Boyd, vs. Peter Piper. Province of Canada. To ALL TO whom THESE PRESENTS SHALL COME : I, Hcury Johu- son. Esquire, SheriflT of the County or United Counties of (a 9 the case may he) send Greeting : — Whereas, under and by virtue of a Writ of Fieri Facias issued, out of the County Court of the County of , the fifth day of April, one thousand, eight hundred, and fifty-four, to me directed, commanding me to seize the goods and chattels of Peter Piper, of said County, and cause to be made the sum of three pounds ten shillings, currency, which were awarded to James Boyd, for his costs and charges, by him laid out and expended about his defence, in a certain action of replevin lately brought in the said Court by the said Peter Piper, against the said James Boyd, — ^Whereof the said Peter Piper, was convicted as appears of Record and that I should have the said sum of money before the said Court at , on the first day of June Term, one thousand eight hundred and fifty-four, to render the same to the said James Boyd, for his costs and chaises aforesaid, together with the said writ as by the writ of JFHeri Facias reference being thereto had will more fully and at large appear certain Lease- hold premises, situate in the Township of , in the County of , were seized and taken in Execution and having been duly advertized, according to law, were on the third day of June, one thousand eight hundred and fifty-four, exposed, to sale at auction and adjudged, to James Boyd, of the Township of , in the said County of , yeoman, for the sum of three pounds 9^ ' , ten iidAS) roiMi Airs law uaxval. ten shillingii, ourrenoy, being the best price tbatoould be < oin- ocl, fur the name. Now Know all men by thrbb PiisiBifTe : That I, Hiifir John- 80M, Eiiauire, Sheriff of the County of , under and by virtue or the said, Writ of Fieri Facia$ and in consideration of the sum of three pounds ten shiilings, lawful money of Canada, to me, in hand, well and truly paia by the said James Boyd, of the Township of , in the said, County of , and Province aforesaid, the receipt whereof is hereby acknowledged. Have sold and assigned, and by these presents, do sell an^ a •'ii^u all and singular the right, title and interest, in the Leao'^hi .!' y^ mises, situate in the Townshipof , being lot nunJjer cloven in the sixth concession of tne said Township: To have. ^.)To HOLD the said premises, unto the said James Boyd > is heirs and assigns, and to his and their sole use, benefit au«i behoof, to the expiration, or end of said lease, which lease shall cease atid end on the twenty-fourth day of December, in the year ol' our Lord one thousand eight hundred and fifty-four. In Witness whereof, I, the said Henry Johnson, Sheriff as aforesaid have hereunto set my hand and affixed my seal of Office, this third day of June, in the year of our Lord one thou- sand eight hundred and fifty-four. Signed, Sealed and Delivered, Daniel Davidson. I ^^^J^' p. } Provinoe or Canada. County of , ) SHERIFF'S DEED OF SALE FOR to Wit: \ TAXES. These Pbesents Witness: That I, the Sheriff, hereinafter named, have for and in consideration of the sum of lawfyil money of the Province of CanarVri to me paid by of the , in the , of the Province nfo; esaid, ^T'ing the pur- chaser at Public Auction of V y. •'^' or tract of land hereii^ afleir mentioned, sold to pay Assessments, under a Writ to me directed, according to the law in that behalf, I, Henry Johnsov, Sheriff of the County of or United Counties of , (ag the case may be,) Do by these presents grant, bargain, and sell, unto the said , his heirs, executors, administrators and a ^signs. All and Sinqulas, that certain parcel or tract of li^ \ situate, lying and being in the Township of , in the County of , and Province aforesaid, {here describe th4 property :) To havb and to hold the premises, hereby bargained, and sold, and all benefit and advantfige thereto belonging, unto and to the use of the said , his heirs, exeeutora, admin* i«(rators and assigns, forever. 96 w^ Iv •mmiTff'i BiiD nr Tkvntwtr. Ik WtTNBs^^ vvMRRBor, I have hereunto set my hand and affixed my seal of Office, ihi day of , in the year of our Lord one thoui^.iri', "^ight hundred and fifty- • Signed, Sealed and Delivered, . in presence of I HiNk, Johnson, [Seal] Joll^f SoLOMAN, I Sheriff, ClIARLKS Ba'1 % * SHERIFF'S DEED IN PARTl'l 'ON. By Order of Court, Provixob or Canada. TiiiH Indbnturb, made the day of , in tl ;ar of our Lord one thousand eight hundred and ,be en Henry Johnson, Esquire, Sherii''of the County of r United Counties, {as the case may ha,) in the Province of Cah a, of the first part ; and Charles Harrison, of the City of a the County of , and Province aforesaid, merchant, of wm second part. Whereas : In and by 'irtue of a certain order iMMi decree, issued out of the Court of C lancery, or County Court * the County of , now one of the United Counties of {or as the case may he,) held at the Town of , in ani^ for the said County, on the day of , one thousand ' eight hundred and , in a certa^in cause there pending in the said Court, between Thomas Rich, . icwis Hall, PlaintifPs and Abbott Cowan, Charles Daniels, James Davids, and William Dole, Defendants, it was, by the said Court, adjudged and order- ed, That the said Sheriff do sell in such separate parcels as he shall deem most for the benefit of the said parties, according to the rules and practice of the said Court, and according to the law in such case, made and provided. All and Singular, that cer^ tain piece or parcels of land premises mentioned, by the Plain- tifPs bill of complaint filed in the above cause, At Public Auction , at the Town of , in the said County of , after giving public notice week's previous to the time and place of ; such sale, in one or two public newspapers published in the said County of , and in such other manner as required by law; And that the said Sheriff, after such sale, make a return thereof to the said Court ; and after such return of sale shall have been duly confirmed, and the said order and decree shall have been enrolled, that the said Sheriff execute and deliver a good and suf- lleient Deed or Deeds of Conveyance for the said lands and pre- nmies, in fee simple, to the purchaser or purchasers thereof, at the Sftld sale, And Whbrbas : the said Sheriff in pusuauce of the said order and decree from said Court, and having given due notioe of the time and {^aoe of sale,' agreeably to die said order asd dJBcree, Did, on th« cfoy of , one thousand eight 97 ^ hundred in jaOAL T0BM8 AlTD LA-W XAWAL. hundred and , sell at public Auction, at the Town of , aforesaid, the lands and premises in the said order mentioned; at which sale the premises hereinafter described, were adjudged to the said party of tiie second part, for the sum of pounds, lawful money of Canada, being the best price that could be obtained for the same ; such sale having been re- ported by the said Sheriff to the said Court, and duly confirmed. Now This Indenture Witnesseth: That I, Henry Johnson, Esquire, Sheriff of the County of , in the said Province, in pursuance of the order and decree of the said Court, for and in consideration of the premises and sale, and also in considera- tion of the sum of pounds, lawful money of Canada, to me in hand well and truly paid, by the said party of the second part, of the City of , in the County of , merchant, the receipt whereof is hereby acknowledged, Have granted, bargained, sold and conveyed, and by these presents, do grant, bargain, sell, and convey, unto the said party of the second part, his heirs, executors, administrators and assigns, forever, All that certain (here give full description :) To have and to hold all and singular the premises herein mentioned and described, with all the appurtenances, hereby conveyed, or intended so to be, unto the said party of the second part, his heirs, executors, ad- ministrators and assigns, to his and their pwn proper use, benefit and behoof, forever. In WrrNEss whereof, I have hereunto set my hand and affixed my seal of Office, this day of , in the year of our Lord one thousand eight hundred and * Signed, Sealed and Delivered, in presence of John Richmond, ' Charles Stbadman. Hbnrt Jobmson, [SeaVl Sheriff. SHERIFF'S DEED ON FORECLOSURE. AND SALE. Province of Canada. This Indenture, made the day of , in the year of our Lord one thousand eight hundred and , l>etweeii Henry Johnson, Esquire, Sheriff of the United Counties of , in the Province of Canada, of the first part ; and Samuel Tobias, of the Town of , in the County of , and Province aforesaid, shoemaker, of the second part. Whereas : In and by Virtue of a certain decree and order issued out of the Court, held at the City of , for said County, one of the United Counties of , aforesaid, on the day of , one thousand eight hundred kdA fifly-four, in a certain cause there pending in the said Court, between Jabez W Wain, SHIBIFV'S DIED OH TOBICLOBUUB, AlTD 8ALB. n Wain, for the sum of pounds, secured by Mortgage, Plain- tiff, and Charles Astor, Defendant, it was ordered and adjudged by the said Court: That all and singular the mortgaged premises, mentioned in the Plaintiff's complaint in said cause, and in said, decree described, or so much thereof as will be sufficient to pay the plaintiff, the principal, interest and costs, in said cause, and which may be sold separately at public auction, without material injury to the parties interested, according to the course and practice of this Court, And under the direction of the said She- riff, the party of the first part ; That the said sale be made on the day of , at the Court House in said County, at the hour of of the clock in the noon of that day, that the said Sheriff give public notice of the time and place of such sale, according to the course and practice of the said Court, and that it shall be lawful for any ot the parties in said cause to become purchaser, or purchasers, ot the said Mortgaged premises, or such part or parts as are to be sold : And to grant a good and.suffi- cent Deed or Deeds of Conveyance for the same ; And whereas I the said Sheriff, in pursuance of the order and decree of the said Court, Did, on the said day of , in the year one thousand eight hundred and , sell at public auction at the- laid Court House in the Village of , the premises in the said order mentioned, due notice of the time and place of said sale being first given, agreeably to the order from said Court ; at which sale the premises hereinafter described were adjudged. to Samuel Tobias, the party of the second part, he being the highest bidder, at and for the price or sum of pounds, law-- fuf money of Canada, being the best price that could be obtained for the same. Now This Indenture, Witnesseth: That I, Henry Johnson, Esquire, Sheriff, of the United Counties of , in the said- Province, in pursuance of the order and decree of the saidCour^ . and in conformity to the law in such case made and provided, . and also for and in consideration of the premises, and for the laid sum of pounds, lawful money of Canada, aforesaid, to me in hand well and truly paid by the said party of the second Eart, the receipt whereof is hereby acknowledged, Have granted, . argained, sold and conveyed, and by these presents do grant^ bargain, sell, convey and confirm, unto the said party of the second part, his heirs, executors, administrators and assigns, forever. All that certain {here gioe description ;) To have and TO HOLD all and singular, the right, title and interest of the said Charles Astor, in the premises, hereby conveyed^ or intend- ed so to be, unto the said party of the second part^ his heirs and assigns, to his and their own proper use, and behoof^ forever. In WrrNEBs wbbrbof, I, the said Sheriff have hereunto set my 90 baiMi LIOAL TOBMS AlTD LAW UAXUAIt, hand and affixed my seal of Office, this day of , in the year of our Lord one thousand eight hundred and Signed, Sealed and Delivered, s in presence of r Henry Johnson, [Seal'] Nelson Walton, y Sheriff. Thadeus Peters. ^ . BILL OF SALE OF GOODS. Know all Men by these Presents : That I, Alfred Stedman, of thie Village of , in the County of , and Province of Canada, merchant, for and in consideration of the sum of six hundred and twenty pounds, lawful money of Canada, to me in hand paid by Oliver Walker, of the same place ; at or before the sealing and delivery of these presents, the receipt whereof is hereby acknowledged. Have bargained, sold, and delivered, and by these presents do bargain, sell and deliver, unto the said Oliver Walker, {here insert the particulars of the goods sold; or refer to them in the Schedule annexed:) To have and to hold the said goods, unto the said Oliver Walker, his heirs, executors, admin- istrators and assigns, to his and their own proper use and benefit forever: And I, the said Alfred Stedman, my heirs, executors, administrators and assigns, will warrant and defend^^the said bargained goods, unto the said Oliver Walker, his heirs, execu- tors, administrators and assigns, from and against all persons whomsoever. In Witness whereof, the said parties to these presents have hereunto set their hands and affixed their seals, this day of , in the year of our Lord one thousand eight hundred and Signed, Sealed and Delivered, v in presence of / Alfred Stedman, r ^'"'^ "°^"^' Stephen Hiix. James Hall. Seal Seal Seal' N.B. — For Canada West say County, (instead of District.) MORTGAGE BY QUIT-CLAIM, AS COLLATERAL SECURITY FOR A NOTE. Know all Men by these Presents : That I, Styles Holmes, of the City of Toronto, in the County of York, of the Province of Canada, trader, of the first part ; and Lewis Hill Jones, of the Town of , in the County of Ontario, of the said Province, gentleman, of the second part, Whereas : I, the said party of the first part, have, for and in consideration of the sum of pounds shillings, lawful money, to me in hand well and truly paid, by the said parly of the second part, the receipt whereof is hereby acknowledged, I the said party of the first part. Do hereby grant, sell, and quit-claim, unto the said party of the second pa^'t, his heirs, executors, administrators and assigns, all my right, title, claim and demand, in and unto a dwelling- house, lot, and out buildings, being situate in , described and bounded as follows, viz.: {here describe them ;) To have and to holm the same to the said party of the second part, his heirs, executors, administrators and assigns, to his and their use and behoof, forever ; and I do hereby further covenant to warrant and defend the said granted premises, to the said party of the second part, his heirs, executors, administrators and assigns, forever ; against the lawful claims and demands of all persons claiming under myself, my heirs and assigns : Provided, neverthe- less, that if I the said party of the first part, or my heirs, executors, administrators or assigns, shall well and truly pay to the said party of the second part, his heirs, executors, administrators or assitrns, the sum of pounds shillings, lawful money of Canada, payable in two years from the date hereof with in- terest, thereon semi-annually, then this deed, as also a certain note of hand bearing even date herewith, given by me the said party of the first part ; to the said party of the second part, to Cay the said sum and interest, at the times aforesaid, shall both e void ; otherwise, the same shall remain in full force and virtue. 108 III jJieAL roBMS imo lav xAmrAii. vl ^ i In Witness whereof, the said parties to these presents have hereunto set their hands and affixed their seals, this twelfth day of May, in the year of our Lord one thousand eight hundred and fiuy-four. Signed, Sealed and Deliveredi in presence of H. Piper, Stephen Hill. 1 Styles Holmes, [iSSeail L. H. Jones. [r thereunto be- longing, {or as the case may he,) free of all incumbrances : To HAVE AND Tc HOLD the aforesaid lands and premises, unto the said Oliver Smith, his heirs, executors, administrators and assigns, as security for the punctual payment of the sums of money as hereinbefore stated. The Condition of the above Mortgage is as follows : That if the said payments are well and truly made, by Roger French, his heirs, executors, administrators, or assigns, at the times hereinbefore stated without any abatement, then this Mortgage shall be null and void ; otherwise to remain in full force and virtue ; And hereby giving and granting, unto the said Oliver Smith, his heirs, executors, administrators and as- signs, full power and authority to sell the aforesaid lands and premises, or a sufficient portion of the same to satisfy all the aforesaid payments, or the balance that may be due, together with all interest, costs and charges that have accrued, or may in consequence of the non-payment of the aforesaid sums of mo- ney so justly due : And it is hereby further Agreed that there shall elapse at least six months after the time the last payment shall have become due and un-paid. after which by giving at least one month's notice in writing, previous to such sale, to the said Roger French, or to his legal representatives, the said no- tice also to be inserted in a newspaper published the nearest to where the property is situate, at least four insertions within the month, and in case the property so Mortgaged is not redeemed within that time, the said Oliver Smith, or his legal representa- tives, may sell the said lands and premises hereinbefore described at private sale or by public auction, as they may think advisable, and grant to the purchaser or purchasers thereof; a good and sufficient Deed or Deeds of Conveyance in the law, of the said premises, in fee simple, with all the usual covenants, unto the purciiftser or purchasers at said sale, his or their heirs, executors, administrators and assigns, forever. In Witness whkreop, I, the said Roger French, have here- unto set my hand and affixed my seal, this day of the year of our I^ord one thousand eight hundred and Signed, Sealed and Delivered, in presence of r n -n^ William Weight, ^ ^°°^^ ^«^^*^=- John Ball. 105 in [Seal.} UOAL VOBM0 AlTD LAW ITAHUAL. i. iJi MORTGAGE DEED TO SECURE A NOTE. Tiirs Indbntube, made the day of , in the year of our Lord one thousand eight hundred and , between Adam Jones, of the Town of , in the County of , of the Province of Canada, general merchant, of the first part; and Hanibal Stebins, of the City of , in the County of , of said Province, merchant, of the second part, WiTNNssETH : That the said party of the first part, for and in consideration of the sum of pounds, lawful money of Canada, the receipt whereof is hereby acknowledged, Doth grant, bargain, sell, convey and confirm, unto the said party of the second part, and to his heirs, executors, admiiiistratori and assigns. All that certain {here give description;) Tina Cl •' VBYANCB is intended as a Mortgage to secure the payment of a promissary note, now held by the said party of the second part, given by the party of the first part, for the sum of pounds, lawful money of Canada, dated this day of , and payable to Hanibal Stebins, or order, two years from the date thereof, with interest; and if the amount of the said note and interest, shall be paid at maturity, then this mortgage shall be- come void; and the estate hereby granted shall cease and forever determine ; But if default shall be made in the payment of the said sum of money, or the interest, or any part thereof; at the time hereinbefore specified for the payment thereof; The said party of the first part, in such case, doth hereby authorize, and give full power to the said party of the second part, his heirs, executors, administrators and assigns, to sell the said hereby granted premises at public auction, and give a good and sufficient deed of conveyance of the same to the purchaser, in fee simple with all the necessary covenants, and out of the money arising from such sale, to retain the principal and in- terest which shall then be due on the said note, together with all costs and charges, and the overplus, (if any,) to be paid tu the said party of the first part, his heirs, executors, administrators or assigns, on demand. In Witness whereof, the said party of the first part has here- unto set his hand and affixed his seal, the day and year first above written. Signed, Sealed and Delivered, in presence of EbEN WAIiKER, Lorenzo Hinds. Adam Jones. [Seal-] MORTGAGE DEED TO SECURE This Indentire, made the day of our Lord one thousand eight hundred and 106 ENDORSER. , in the year of , between John Richmonct MOBTOIOB DlID TO BXOUU IKBOBBIB. Richmond, of the Village of , in the County of t of the Province of Canada, mi!, righf, of the first pirt ; nnd Harrison Jones, of the Citv of , in the County and Province aforesaid, gentleman, of the second part, WiTNEissETH : That the said party of the first part, for and in consideration of the sum of pounds, lawful money of Canada, Doth grant, bargain, nell and confirm, unto the said party of the second part, and to his heirs, executors, ana assigns, All and singular that certain {here gioe description ;) Wherkaci, the said party of the second part. At the request, and for the benefit of the i>aid party of the first part. Hath, on the day of the date hereof, endorsed a certain promissory note made by the said party of the first part, for the sum of pounds, bearing even date herewith, and payable six month's aAer date, to the order of Henry Baring & Sons, at their office, in the City of , Tins Conveyance is intended as security, to secure the said party of the second part for the principal, interest, costs, charges and expenses, which he may be compelled to pay ; in case the party of the first part is not able to pay the said note, at maturity ; And if the amount of the said note, and interest, shall be paid at maturity by the said party of the first part : Then this conveyance shall be voi(f, and the real estate hereby granted shall cease and utterly determine ; But in case default shall be made by the said party of the first part, in the payment of the said sum of money, or interest, or any part thereof, at the time hereinbefore specified, thereby makin? the said party of the second part responsible, and the same be paid by or collected of the party of the second part, then this conveyance shall remain in full force and virtue ; and the said party of the first part. Doth hereby authorize an i empower the party of the second part, his heirs, executors, administrators and assigns, to sell the said premises hereby granted, at public auc- tion, and convey and confirm the same to the purchaser, by a good and sufficient deed or deeds, of conveyance in the law, for the same, in fee simple, and out of the money arising from such sale, to retain the amount that has been paid or collected from the said party of the second part, as hereinbefore mentioned, together with all costs, charges and expenses, and the overplus if any to be paid to the said party of the first part, his heirs, ex- ecutors, adminstrators, or assigns, on demand. In Witness whereof, the said party of the first part has here- unto set his hand and affixed his seal, the day and year first above written. Signed, Sealed and Delivered, in presence of Sameul Shaw, John Riddei.. John Richmond. [^Seal,"] 107 XXOAXi lOBlM Am LAW UAJSVAIt, teJ ' MORTGAGE DEED TO A CORPORATION. This Indenture, made the day of , in the yea? of our Lord one thousand eight hundred and , between Andrew Napier, of the City of , in the County of , of the Province of Canada, merchant, of the first part ; and the Mayor, Aldermen and Commonaiitv, of the City of , in the County and Province aforesaid, {or the Reeve and Council, of the &c., or as the case may be.) of the second part, Witnessetii : That the said party of the first part, for and in consideration of the sum of pounds, lawful money of Canada, to him in hand paid by the said party of the second part, the receipt whereof is hereby acknowledged, Hath granted, bargained, sold, aliened, released, conveyed and con- firmed, and by these presents doth grant, bargain, sell, alien, re- lease, convey and confirm, all and singular the premises herein- after described, unto the said party of the second part, their suc- cessors and assigns, forever. All that certain {here give full de- scription;) Togbther with the tenements, hereditaments and ap- purtenances, thereunto belonging, or in anywise appertaining; and also, all the estate, right, title, interest, property, possession, claim and demand, whatsoever, of the said party of the first part, of, in and to the same ; and the reversion and reversions, remainder and remainders, rents, issues, and profits thereof: To HAVE AND TO HOLD the premises hereinbefore granted, with the appurtenances, unto the s;^;d party of the second part, their suc- cessors and assigns, to their proper use, benefit and behoof, forever : This conveyance is intended as a Mortgage, to secure the payment of the sum of pounds, lawful money of Canada, in manner following, to Wit : {here state the terms of payment;) according to the condition of the bond bearing even date herewith, executed by the said party of the first part, to the party of the second part, with the condition that these presents shall be void if such payment (or payments, as the case may 6c,) be made : But if default shall be made in the payment of the principal or interest aforesaid, as above provided, then the party of the second part, their successors and assigns, are hereby em- powered to sell the premises above described, with all and every of the appurtenances, or any part thereof, in the manner pre- scribed by law; and out of the money arising from such sale, to retain the said principal and interest, together with the costs and charges of making such sale, And the overplus, if any, to be paid over by the party making the sale, to the said party of the first part, his heirs, or assigns, on demand : And the said party of the first part, Doth Covenant, promise and Agree, to and with the said party of the second part, their successors and assigns, that he, the said party of the first part, shall and will, well and truly pay to the said party of the second part, their 108 successors sue at Ii unt abo Sig liOBXGAOB BBSD VO IXBOVTOM. successors or assigns, the sum of money hereinfv -^ mmti. .i«d{ at the time, according to the condition of the Halt > Is Witness whereof, the said party of the first part has here- unto set his hand and affixed his seal, the day and year first above written. Signed, Sealed and Delivered, in presence of ^ ^ ^^^^^^ Farkikt Hinds, Hemuy Dole. [Seal] MORTGAGE DEED TO EXECUTORS. This Indenturf, made the eleventh day of May, in the year of our Lord one thousand eight hundred and fifty-four, between Oliver Brown, of the Township of , in the County of , of the Province of Canada, farmer, of the first part ; and James Wallace, and Daniel Evans Holden, both of the Village of , in the said County, and Province aforesaid, executors of the last will and testament of Otis Thompson, deceased, of the second part, Witnesseth : That the said party of the first part, for and in consideration of the sum of pounds, lawful money of Canada, to him in hand well and truly paid by the party of the second part, at or before the ensealing and delivery of these presents, the receipt whereof is hereby acknowledged, Hath granted, bargained, sold, aliened, released, cot»veyed and confirmed, and by these presents doth grant, bargain, sell, alien, release, convey and confirm, unto the gaid party of the second part, and the survivor or survivors, his and their assigns, forever, All that certain {here give description ;) Together with all and singular the tenements, hereditaments and appurtenances, thereunto belonging, or in anywise apper- taining, and the reversion and reversions, remainder and remainders, rents, issues, and profits thereof; and also, all the estate, right, title, interest, property, possession, claim and demand whatsoever, as well iri law as in equity, of the said party of the first part, of, in and to the same, and every part and parcel there- of, with the appurtenances: To have and to hold the above granted premises, with the appurtenances, unto the said party of the second part, the survivor or survivors, his and their heirs and assigns, to their own proper use and benefit, forever, This Conveyance is intended as a Mortgage to secure the payment of the sum of pounds, lawful money of Canada, in manner following, to Wit : (here state the term or terms of payment^) according to the condition of a certain Bond, or Note (as the case may be) bearing even date with the!>e presents, executed by the said party of the first part, to the said party of the second part ; and this Conveyance shall be void ; if such payment be well and 109 truly LIOAL 70BM1 ▲»]> LAW UAXVAL. truly made : And the MAid pnrty of the first part, for himself, hit heirs, exocutora, administrators and assigns ; Doth covenant and agree to pay unto the said party of the second part, or the survivor or survivors, his or their assigns, the said sum of money, and interest, as hereinhefore mentioned, and as expressed in the condition of the said Uond ; And it is herehy furtliur agreed that if default shall be made in the payment of the said sum ot money hereinbefore mentioned, or the interest that may grow due thereon, or of any part thereof, that then, and from thoncoforth, it shall be lawful for the said party of the second part, the survivor or survivors, his or their assigns, to enter into und upon all and singular, the premises hereby granted, or intended so to be, vviih full power to sell and dispose of the same, or any por- tion thereof; and all right, title, benefit and equity of redemption of the said party of the firing to tl may be,) to the sai void if su in the pa then the trators ar above des part there money rec interest, to and if then sale, to the UOBTOAOE SEXJ). fault thereof, it shall be lawful for the said party of the second part, his heirs, executors, administrators and assigns, to effect such insurance, and the premium or premiums, paid for effecting file same, shall be a lien on the said mortgaged premises, added to the amount of the said Bond or obligation, and secured by these presents. In Witness whereof, the said parties of the first part have hereunto set their hands and affixed their seals, the day and year first above written. Signed, Sealed and Delivered, v in presence of r John Russell, [5fea/.] Lewis Hahmonu, ( Adelaide Russell. ['Slea/.j John Henry Richards. ^ . , , V / MORTGAGE DEED. Of Premises to be kept Insured against Fire. This Indenture, made the day of , in the year of our Lord one thousand eight hundred , between John Hart man, of the City of , in the County of , of the Province of Canada, carpenter, of the first part; and Henry Titus, of the said City and Province aforesaid, blacksmith, of the second part, Witnesseth : That the said party of the first part, for and in consideration of the sum of pounds, lawful money of Canada, well and truly paid by the said party of the second part, Doth grant, bargain, sell and confirm, unto the said party of the second part, and to his heirs, executors, administrators and assigns, All that (here give full description ;) Together with all and singular the hereditaments and appurtenances, thereunto belonging, or in anywise appertaining : This Conveyance is intended as a Mortgage, to secure the payment of the sum of pounds, lawful money of Canada, in five years from tlie day of the date of these presents, with annual interest, accord- ing to the condition of a certain Note, (cr) Bond, (as the case may be,) dated this day, and executed by the said John Hartman, to the said pnrty of the second part ; and these presents shall be void if such payment be made : But in case default shall be made in the payment of the principal, or interest as above provided, then the party of the second part, his heirs, executors, adminis- trators and assigns, are hereby empowered to sell the premises above described, with all and every the appurtenances, or any part thereof, in the manner prescribed by law ; and out of the money received from such sale, to retain the said principal and interest, together with all the costs and charges of making the sale ; and if there is any overplus,it shall be paid by the party making such sale, to the party of the first part, his heirs, executors administra- f 118 *'* tors, LSOAL rOBlia iJTi) L4,W MAIHTAL. 311 tors, or assigns, on demand : The said party of the first part ; Doth covenant and agree, to pay unto the party of the second part, his heirs, executors, administrators or assigns, the said sum of money and interest, as hereinbefore mentioned, and expressed in the condition of the said notei (or) bond (aa the case may be ;) And it is also further Aoreed, by and between the parties to these presents, that the party of the first part shall and will keep the buildings erected, and to be erected, upon the lands hereby conveyed, insured against loss by firc^ and that he will a&3ign the policy, and certificate thereof, to the said party of the second part, his heirs, executors, administrators, or assigns ; And in case of default thereof, it shall be lawful for the said party of the second part, his heirs, executors, administrators and assigns, to effect such insurance, and the premium or premiums, paid for effecting the same, shall be a lien on the said mortgaged premises, added to the amount of the said Note or Bond, and secured by these presents. In Witness whereof, the said party of the first part has hereunto set his hand and affixed his seal, the day and year first a^bove written. „^ Signed Sealed and Delivered, in presence of Erastus Hall, James Datis, John. Hartman. [Seal] MORTGAGE DEED, [Short Form.] I in tbi^ ' This Indenture, made th^^ day of ▼ear of our Lord, one thousand eight hupdred a|id Djptween Charles Dill, of the Town, of , in the County o^ , of the Provippe of Canada, ca^enter a.%4 ^QinpTy of the first par^ ; a^d Joel Sampson, of the Township of « iijt tl^e Comity of , of said Province, yepmajn, of tha^, si^coDd part, WiTNCissfrrji : That tl^e sajd party of the first part, for and m co^sjideration of thc^. sytn of pounds, lawful nooney, to him in hapd duly pa^^, the receipt whereof is hereby acknowledged, Doth geant bargain, sell and con&rm, upto thk 8U^d party of the second part, and to his heirs and assigns, aljl ii^p certain {^-^re giv&JuU, description;) Tooi^tu^r with all ap4 s^igular the hereditaipeQts and appurtenance^, thereunto belong* ing,or in anywise appertaining: This; ConyeyancQ is intend^. a& a Mortgage, tp secure the payment of th? suo) of ppm^dg, in five yearS: from the day of the dal^ of these preseiitiii with anijiu^.! interest, according to the condition of a certain, homl, dated tbis.day,aiylte«ecu1«d by the said Charles Dili» tot^ said par,^ of tl^^ second pai!t; and th«^ presents shfdi h^ void, if such; p unto the said party of the second pfirt, his heirs and assigns, forever, [here describe the^premUes;] Tooethbb with. aU and singular, the hereditaments and appurtenances, thereunto beloifgingt or in anywise apportaining.: And I, the said party of the first part, do covenajot to and with the said party of the second part, his heirs and; assigns, that I, the said. party of the first part, am lawfully seized, in fee sirpple, of the afore-granted jH^mises; that they are fre^ of a}l incumbrances : ThatJ have good right to sell and convey the same, in manner aforesaid ; and that I and my heu:a will warrant and defend the same, to. the 8s4d p^^rty of the second part» his heirs and assigns, forever, agsan9ttbei lawful claiin&i of all persons,; Stf/bjeft, nevetihekas, to th^ reservations, limitations, provisos^ and conditions expr^ed in, the original grant theropf^ from the Grown: This. Con vsrr ANQB, is, ii^^j^d a9>a ll^tgage^ to, secure the payment of- the suij^oC' P0un4«i sbilUogi^ai yearn* from the 116 data 11 IiBOAIi TOBICB A3n> LAW HAVITAL. date of these presents, with annual interest, according to certain notes [or a bond, as the fact may be] dated this day, executed by the said Eben Stowe, to the said party of the second part : But, in case default shall be made in the payment of the princi- pal, or interest, as above provided, then the said narty of the second part, his heirs, executors, administrators ana assigns, are hereby empowered to sell the premises above described, provi- ding that they g!ve one month's notice, in writing, previous to such sale, with all and every of such appurtenances, or any part thereof, in the manner prescribed by law • and out of the money arising from such sale, to retain the said principal and interest, together with the costs and charges ; And the balance^ if any, to be paid over to the party of the first part, his heirs, or assigns, on demand. In Witness whereof, I have hereunto set my hand and affixed my seal, the day and year first above written. Signed, Sealed and Delivered, in presence of William Tiiain, Oliver H. Jones. KoTK — In a mortgage deed, may he inserted a proviso to keep the premises insured; as in the mortgage deed by husband and wife, on pages 112 and 113, tn this work. Also a conditon that tlie mortgagor may {or shall) occupy. Eben Stowe. [Seal'\ MORTGAGE DEED WITH DOWER, WITH POWER OP SALE. With Dower. This Indenture, made the tenth day of May, in the year of our Lord one thousand eight hundred and fiflty-three, be- tween Hazleton Roberts, of the City of Montreal, in the Dis- trict of Montreal, of the Province of Canada, trader, of the first part; and Helen Roberts, wife of the said party of the first part, of the second part ; and William Henderson of the Town of Cobourg, of said Province, gentleman, of the third part, WITNESSETH : That in consideration of the sum of five hun- dred and seventy five pounds, lawful money of Canada, to the said party of the first part this day lent, advanced and paid by the said party of the third part, the receipt whereof, I, the said party of the first part do hereby acknowledge : And have given, granted, bargained, sold, aliened, released, transferred, conveyed, assured and confirmed, and by these presents dogrant, bargain, sell, alien, release, transfer, convey, assure and confirm, unto the said party of the third part, and to his heirs and assigns, all that cer- tain parcel or tract of land and premises, situate, lying, and being in the Township of Dunham, in the County of Missisquoi, in the District of Montreal, of the said Province, contain'ng by ad- measurement two hundred acres of land be the same more or 116 lebs, :klOBTUAOE D£BD WITH DOWEB, WITH POWEB OF SALE. less, being composed of lot number eight in the , con* cession of the said Township of Dunham ; Together with all the houses, edifices, buildings, yards, gardens, orchards, ways, waters, water-courses, trees, woods, fences, liberties, privileges, and ap- purtenances whatsoever, to the said lands, hereditaments and premises belonging, or in anywise appertaining : And all remain- ders, reversions, yearly and other rents, issues and profits, of and in the said lands, hereditaments and premises, and all the estate, right, title, use, trust, property, possession, claim and demand whatsoever, of the said party of the first part, of, in, or to the said lands, hereditaments and premises : To have and to hold the said lands, tenements, and all and singular other the premises hereby granted, sold and released, or intended so to be, with the appurtenances, unto and to the use of the said party of the third part, his heirs and assigns forever : Subject nevertheless, to the reservations, limitations, /irovtsox and conditions expressed in the original grant thereof from the Crown : And this lNr>ENTURB Further Witnesseth ; that the said party of the second part, with the privity and full approbation and consentof her said hus- band, testified by his being one of the party to these presents, in consideration of the premises, and also in consideration of the further sum of five shillings, lawful money of the Province of Canada aforesaid, To her by the said party of the third part in hand well and truly paid, at or before the sealing and delivery of these presents, the receipt whereof is hereby acknowledged, Hath remised, released, and forever relinquished and quitted claim, and by these presents doth remise, release, and fore\er relinquish and quit-claim, unto the said party of the third part* his heirs, executors, administrators and assigns, all Dower, and all right and title thereto, which she the said party of the second part, now hath or in the event of her surviving her said husband can or may or could or might hereinafter in anywise have or claim whatever at Law or otherwise howsoever, of, in, to, or out of the lands, tenements, hereditaments and premises hereby con- veyed, or hereinbefore mentioned, or intended so to be conveyed, with the appurtenances of, in, to, or out of any part thereof: Provideu Always, that if the said party of the firs* part, his heirs, executors, or administrators, do, and shall pay unto the said party of the third part, his heirs, executors, administrators, or assigns, the full sum of five hundred and seventy five pounds, lawful money of Canada, with interest for the same, in manner and at the times following, that is to say, yearly payments : The first payment of one hundred pounds with interest, payable on the tenth day of May, eighteen hundred and fifty-four, The second one hundred pounds with interest, payable on the tenth day of May, eighteen hundred and fifty-five. The third one hundred Eounds with interest, payable on the tenth day of May, eighteen unured and fifty-six, The fourth one hundred pounds with inter- 117 est. i:l LXOAL rOBMS AITD LAlT VAKUA.L. est, payable the teiith day of Mny, eighteen hundred and fifty seven, The fifth one hundred pounds with interest, payable the tenth day of May, eighteen hundred and fifty-eight, The sixth and last payment being, seventy five pounds with interest, pay- able on the tenth day of May, eighteen hundred and fifty-nine, Interest on all said payments, at six per cent per annum : AND IF All the said payments, are made without any default, or abatement whatsoever, then thes'3 presents shall cease and be void, to all intents and purposes whatsoever : And the saiu party of the first part, doth hereby for himself, his heirs, executors and administrators, covenant, promise and agree, to and with the said party of the third part, his heirs, executors, administrators and assigns, that he the said narty of the first part, his heirs, execu- tors, administi'ators, some or one of them, shall and will, well and truly pay, or cause to be paid, unto the said party of the third part, or his heirs, executors, administrators, or assigns, the isaid principal sum of five hundred and seventy five pounds, law- ful money and interest, at the times, and in manner hereinbefore appointed, for payment thereof, without any deduction or abate- ment whatsoever, according to the trae intent and meaning of these presents : And also, that the said party of the first part, now has in himself good right to grant, bargain, sell and convey the said lands, hereditaments and premises, unto the said party of the third part, his heirs and assigns, according to the true in- tent and meaning of these presents : And further, tnat it shall and may be lawful to and for the said party of the third part, hia heirs and assigns, afler default shall be made in payment of the said sum of Five hundred and seventy-five pounds and interest, contrary to the proviso herein contained, peaceably to enter into and upon the said lands, hereditaments and premises, and to hold and enjoy the same without any interruption or denial by the said party of the first part, or any other person whomsoever ; And that free and clear of and from all estates, titles, troubles, charges and incumbran- ces whatsoever : And moreover that he the said party of the first part, and his heirs, and all persons whosoever, claiming any es- tate or interest in the premises, shall and will at all times here- after, during the continuance of the said sum of five hundred and seventy-five pounds, or any part thereof, on this security, upon every reasonable request of the said party of the third part, his heirs, executors, administrators, or assigns, but at the costs and charges of the said party of the third part, his heirs, executors and administrators, make, execute, and perfect, all such further conveyances and assurances in the law whatsoevtr, for the fur- ther, better, or more perfectly granting, conveying, or otherwise assuring the said lands, hereditaments and premises, unto and to ^he use of the said party of the third part, his heirs and assigns; Subject to the proviso aforesaid, or to the equity thereof, and for 118 the MOETOAOE DlilTD 'WITH BOWSB, WITH POWXB OF 8ALB. the ends, intents and purposes, herein expressed, of and concern- ing the saMe, according to the true intent and meaning of these presents, as by the said party of the third part, his heirs, execu- tors, administrators or assigns, or any of their counsel learned in the law, shall be reasonably devised and required, and tendered to be made : And it k further declared and agreed by and be- tween the parties to these presents ; that if the said party of the first part, his heirs, executors, or administrators, shall not pay to the said party of the third part, his heirs, executors, or adminis- trators, or assigns, the said sum of five hundred and seventy-five pounds and interest, according to the true intent ^nd mean- ing of the proviso hereinbefore in that behalf contained, and the said party of the third part, his heirs', executors, administrators and assigns, shall after the time limited for such 'payment has expi.. -^d, have given to the said party of the first part, his heirs, executors, or administrators, or have lefl for him or them, at his or their last or most usual place cf abode, in this Province, notice in writing, demanding payment of the said principal money and intere.st, and three calendar months shall have elapsed from the delivery or leaving of such notice, with- out such payment having been made (of which latter default in ()ayment„ as also of the continuance of the said principal money and interest, or some part thereof, on this securitv, the production of these presents shall be conclusive evidence,) it shall and may be lawful to and for the said party of the third part, his heirs find assigns, without any further consent or concurrence of the said party of the first part, his heirs and assigns, to enter into possession of the said lands, hereditaments and premises, and to receive and take the rents and profits thereof, and whether in or out of possession of the same, to make any lease or leases there- of, as he shall think fit, and also to sell and absolutely dispose of the said lands, hereditaments and premises, With the appurte- nances, in such way and manner as to him shall seem meet, and to convey and assure the same, when so sold, unto the purchaser or purchasers thereof, his, her, and their heirs and assigns, or as he, she or they shall direct and appoint: And it is hereby declared and agreed, that the said party of the third part, his heirs, execu- tors, administrators and assigns, shall stand seized, and be possessed of the said lands, tenements and hereditaments, and of the rem, t and profits thereof until sale, and after sale, of the pro- ceeds therefrom arising, upon trust in the first place, to deduct thereout all expenses which may be necessarily incurred in and attend the execution of the trusts and powers hereby created, together with interest for the same, and after payment thereof do and shall retain and pay, unto and for the said party of the third part, his heirs, executors, administrators, or assigns, the said principal sum of five hundred and seventy-five pounds, or so much thereof; as shall then remain unsatisfied, and all interest lid . then LKQAL VOaMS AKD LAW liAJTITAIi. then due, and in arrear, in respect thereof, and after such pay- ment in trust, to pay or transfer the surplus (if any remains) of laid rents and profits, or proceeds ol the paid sale, unto the said party of the first part, his heirs, executors, administrators, or assigns, and also to re-convey and assure such part of the said lands, hereditaments and premises as shall remain unsold, for any of the purposes aforesaid, unto the said party of the first part, or his heirs and assigns, or as he shall direct or appoint : And it is hereby further declared »nd agreed, that the receipts of the said party of the third part, his heirs and assigns, shall be good and sufficient discharges for all monies therein expressed to have been received, and that the person or persons paying the said &'ums,*or any monies and taking such receipt, shall not afterwards be required to sec to the application, nor be answer- able or accountable for their mis-application or non-application of the same : And the said party of the third part does hereby, for himself, his heirs, executors and a*Jministrators, Covenant, Eromise and agree, to and with the said party of the first pari, is heirs and assigns that no sale, or notice of sale of the 3aid lands, hereditaments and premises, shall be made or given, or any lease made, or any means taken for obtaining possession thereof, by the said party of the third part, until such time as Three Calendar months' notice, in writing, as aforesaid, shall have been given to the said party of the first part, his heirs, executors, administrators, or assigns or have been left at his or their last or most usual place of abode, in this Province, demanding payment of the principal and interest monies, which at the end of that time, shall be due, and the said party of the first part, his heirs, executors, administrators and assigns, shall have made default in payment of the same, at the time or times hereinbefore stated : And also, that he the said party of the third part, his heirs and assigns, shall and will, at the expense of the said party of the first part, his heirs, executors, administrators and assigns, at any time before such Sale or Sales shall take place, on payment or tender by the said party of the first part, his heirs, executors, or adminstra- tors, of the said principal sum of five hundred and seventy- five pounds and interest, which, at the time of such tender, shall bo due and owing upon, or by virtue of this security, with all costs as aforesaid, re-convey and re-assure the said lands, hereditaments and premises, oi such parts thereof as shall then remain unsold, Mrith the appurtenances, unto the said party of the first part, his heirs, or assigns, or as he or they shall direct or appoint, free from all incumbrances, to be made or done by the said party of the third part, his heirs or assigns, in the meantime : Provided ALWAYS, that until r^efault shall be made in payment of the said sum of five hundred and seventy-five pounds and interest, after notice in writing, demanding payment of the same, as herein- before provided, it shall be lawful for the said party of the first 120 part. out or pel the oft sha he for said Witt MBMOBIAL WITU DOWEB. Eart, his heirs and assigns, to hold, occupy and enjuy the said ind», hereditamets and premises, with the appurtenances, vitli- out nny molestation, hindrance, interruption or denial, of, from or ^^ the said party of the third part, his heirs or assigns, or any person claiming by, from, through, under or in trust for him, them, or either of them : Provided lastly, that he the said party of the third part, his heirs, executorH, administrators and assigns; Bhail not be answerable or accountable fur any more monies than he or ihey shall actually receive by virtue of these presents, nor for any misfortune, loss or damage, which may happen to the said es^tate and premises, in the execution of trusts aforesaid, save and except the same shall happen by or in consequence of his or their own wilful neglect or default. In Witness whereof, the parties to these presents have here- unto set their hands and affixed their seals, the day and year first above written. Signed, Sealed and Delivered, in presence of Ebbs Downs, Lewis Mackay. Received, on the day of the date of this Indenture, the sum of five hundred and seventy-five pounds, lawful money of Canada, beins; the full consideration therein mentioned. ) Hazi > Heli j Wm. Hazleton Roberts, ELEN Roberts, Henderson. Seal. Seal. Seal. Witness, Ebbn Downs, Lewis Mackay. Hazleton Roberts, [SealJ] MEMORIAL WITH DOWER. Memorial of Deed with Dower, with Power of Sale. A Memorial of an Indenture of Bargain and Sale, by way of Mortgage, dated the tenth day of May, in the year of our Lord, one thousand eight hundred and fifty-three, and made between Hazleton Roberts, of the City of Montreal, in the District of Montreal, of the Province of Canada, trader, of the first part ; Helen Roberts, wife of the said party of the first part, of the second part ; and William Henderson, of the Town of Cobourg, of said Province, gentleman, of the third part. Whereby : the said party of the first part, for end in consideration of the sum of five hundred and seventy pounds, lawful money of the Pro- vince of Canada, to him in hand paid by the said party of the third part, the receipt whereof is acknowledged, did grant, bar- gain, sell, alien, release, transfer, convey, assure and confirm un- to the said party of the third part, his heirs and assigns. All that certain parcel or tract of land and premises, situate, lying and being in the Township of Dunham, in the County of Missisquoi, in the District of Montreal: of the said Province ; containing by admeasurement two hundred acres of land, be the same more or 121 les9, UOIL VOBkB llTD XAW ICAHUAL. Ims, being composed of lot number eight in the concossibki of the said Township of Dunham, Together with all thf> houses, ledifices, buildings, yards, gardens, orchards, ways, water-courses, 'trees, woods, fences, liberties, privileges and appurtenances what- toever, to the said hereditaments and premises belonging, or ite 'anywise appertaining; And all remainders, reversions, yearly 'Itnd other rents, issues and profits thereof; And all the estate, right, title, use, trust, property, possession, claim and demand whatsoever ; of the said party or the first part, of, in or to the same: To have and to hold the said lands, tenements aild other the premises, Ivith the appurtenances, unto and to the u^ of the said party of the third part, his heirs, executors, adminlli- trators and assigns, forever ; Ahd the said party 6f the second part, in consideration of five shillings, to her in hand paid by the ^taid party of the third part, hath remised, released and forev^ relinquished her Dower in the said premises, unto him the said rparty of the third part, his heirs, executors, administrators atid assigns, Whioh said Indenture is subject to a proviso therein contained, for making the same void ; upon payment of the sum of five hundred and seventy-five pounds, lawfUl money of Canada, with interest thereon, afler the rate of six per cent, per 'tonum,on the days and times and in manner following, that is to say, yearly payments, The first, payment of one hundred pounds with interest, payable on the tenth day of May, eighteen hundred and fifty-four, The second, payment of one hundred pounds with interest, payable on the tenth day of May, eighteen hundred and fifly-five, The third, payment of one hundred pounds with inter- est, payable on the tenth day of May, eighteen hundred c^nd fifty-six. The fourth, payment of one hundred pounds with in- terest, payable on the tenth day of May, eighteen hundred and fifty-seven. The fiflh, pa3rment of one hundred pounds with in- terest, payable on the tenth dsiy of May, eighteen hundred and fifty-eight. The sixth and last payment, seventy-five pounds with interest, to be paid on the tenth day of May, eighteen hundred and fifty-nine : And also, to certam powers, declarations and trusts, for the leasing and sale of the said lands, hereditaments •and premises, by the said party of the third part, and for the ap- plication of the rents and proceeds of such ^easing or sale : And is witnessed by Eben Downs, and Lewis ^ackay of Montreal, in the District of Montreal. And this Memorial thereof is required to be registered by me, the said grantee therein m med. Witness my hand and Seal, this tenth day of May, in the year of our Lord one thousand eight hundred and fifty-three. Signed and Sealed, in v ^"^EBErDowNs. ( William Henderson. [Seal.] Lewis Mackat. ' 122 !%• Disti ^ith the irOTIOB OF 8ALX, BT ▲SYtBTIHIlCZirT 09 TOBICLOBVBX, BTO. The Affidavit. District of Montreal, j Eben Downs, of Montreal, in the said To Wit : } District of Montreal, merchant, in the Avithin Memorial named, maketh Oath and saith, that he was present, and did see the Indenture to which the said Memorial relates, duly executed, signed, sealed and delivered by the there- in named Hazleton Roberts ; And that he is a subscribing Wit- ness to the execution of the said Indenture ; that he, this depo- nent, also saw the said Memorial duly signed and sealed, by the therein named William Henderson, for registry thereof, Which said Memorial was attested by him, this deponent, and anothdr subscribing Witness, and that both said Instruments were execu- ted at the City of Montreal, in said District of Montreal. Sworn before me, at Montreal, in . said District of Montreal, this 7 tt,__„ n„,„„« tenth day of May, 1868: \ Ebbn Downs. James Smith, ^ A Commissioner for taking affidavits in the Queen's Bench, in and for the said [For C. W. substitute County /or District."] NOTICE OF SALE, BY ADVERTISEMENT ON FORE- CLOSURE OF MORTGAGE. MoBTOAOB Sale. Whebeas default has been made in the payment of the sum of pounds, lawful money, which is now due at the date of this notice, on a certain mortgage bearing date the six- teenth day of April, 1850, executed by James Hammond, of the Town of , in the County of , of the Province of Canada, gentleman, to Jacob West, of the City of , in the County of , and Registered in the office of the Clerk of the County of , or in the Registry Office, for the said County [as the case may be] in vol. , number 39 of Mortgages, page 117, registered on the 23rd day of April, A.D. 1850, at twelve o'clock, noon : [in case the mortgage is foreclosed by an assignee, insert here ;] the said mortgage has been duly assigned to the subscriber:] Now Therefore, notice is hereby given, that, in pursuance of the power of sale contained in the said Mortgage, and of the law in such case made and provided, the premises described in said mortgage to wit : all and singular [here give full desctiption of the mortgaged premises :] will be sold at public auction, at the Court House [or as the case may be"] in the Town of , or City of , in the County of , on the da) of next, at of the clock, in the noon. 1183 Dated LKOAL FORMS AlfO LAW lULNUAL. Diitcd ftt the Town of day of , [or as the case may be] this , 1850. Jaoub We8T, Mortgagee, [or Assignee] CHATTEL MORTGAGE AS SECURITY FOR MONEY. This Indenture, made the second dav of June, in the year of our Lord one thousand eight hundred and fil'ty-four, between A. 13., of the City of Quei»ec, in the District of Quebec, of the Province of Cnnnda, trader, of the first part ; and C. D., of Three Rivers, in the District of Three Rivers of said Province, gentle- man, of the second part, WrrNEssETii : That the said pany of the first part, for and in consideration of the sum of pounds shillings, lawful money, to him in hand duly paid, the receipt whereof is hereby acknowledged, hath sold, and hy these pre>ents, doth grant, bargain and sell, unto the said party of the second pari, the following described goods, chattels, and property, (describe them particularly, or refer to them in the Schedule annexed marked A.) now in my possession : To have and to hold all and singular, the said goods, chattels, and profKirty ; unto the said party of the second part, his heirs, executors, administrators and assigns, to his and their solo use forever : And I, the said party of the first part, for myself, my heirs, executors, administra- tors and assigns. Do Covenant, promise, and agree, to and with the said party of the second part, his heirs, executors, administra- tors and assigns, that I om lawfully .possessed of the said goods, chattels, and property, as aforesaid; that the same arn free from all incumbrances; and that I, the said party of the first part, my heirs, executors, administrators and assigns, will warrant and defend the same, to the said party of the second part, his heirs, executors, administrators and assigns, against the lawful claims and demands of all persons: Provided nevertheless, that if I, the said party of the first part, my heirs, executors, administrators, or assigns, shall well and truly pay, or cause to be paid, to the ■iM<* party of the second part, his heirs, executors, administrators, or issigns, the sum of twenty pounds ten shillings, currency, WUh intc 'est, on or before the expiration of one year from tbe 4a0e hereof; and the additional sum of thirty pounds, currency, witii mtere.st, on the day of ,H ; Which prvments, if duly made, will render this ct»nveyance void; other- w. e to remain in full force, and virtue. In WiTN ss WHEREOF, I havc hereunto set my hand and afiixed my seal, the day and year first above written. Signed, Sealer' and Delivered, in presenoo of S. Williams, John Sloan. JSf^. B. The Mortgage Deed or a true copy to he Filed, 124 bo' I A. B. [Seal.] 01IA.TTKL MOBTOAOB TO BKOUBB A DKDT. CHATTEL MORTGAGE TO SECUIIE A DEBT. This Inucnturk, made tho 'lay of , ia the year of our Lord ono thounand oight hundred and hetwcen John Richmond, of tho Town of , in the County of , of iho Province of Canada, merchant, of the first part ; and Henry Ciulds, of the same place, gentleman, of the second part, Witnesbis-iii : That the said party of the first part, Doth hereby acknowledge himself indebted to tho said party of the second part in tho sum of seventy pounds, lawful money of Canada, and for the better securing tho pavment of the iame, Hath sold, and by these presents, doth grant, bargain and sell, unto the said party of the second part, the following des- cribed goods, chattels and property, [here give full description ; or refer to them in the Schedule annexed Marked A ;] now in my poitsession: To nAVB ^no to hold all and singufur, the said goods, chattels and property aforesaid, together with the appur- tenances, all the estate, title and interest, of the said party of the first part therein ; unto the said party of the second part, his heirs, executors, administrators and assigns, forever: Tins Con- veyance is intended as a Security for the punctual payment of the sum of seventy pounds, with interest, payable as follows :— thirty-five pounds, with interest, in one year, and thirty-five pounds, with interest, in two years, from the date of these presents ; Which payments, if punctually made, will render this convey- ance void ; otherwise to remain in full force and virtue : And fi.xsrLv, the said party of the second part, and his hfcirs7 exccu- turs, administrators and assigns, are hereby authorized, for fur- ther security, to take the said goods, chattels and property, into his or their possession, at any time he or they may think proper so to do for their own safety. In Witness whereof, the said party of the first part hath here- unto set his hand and affixed his seal, the day and year first above written. Signed, Sealed and Delivered, in presence of Charles West, Harrisom Lewis. i John Richmond. \Seal.'\ CHATTEL MORTGAGE TO SECURE ENDORSER. This Indenture, made the day of , ia the year of our Lord one thousand eight hundred and , between Adam Bates, of the City of Toronto, in the County of York, and Province of Canada, grocer, of the first part ; and Samuel Tobias, of the Town of Albion, in the County of , of said Province, merchant, of the second part, Witnessbth : That the said party of the first part, for and in consideration of 125 the LXOAL EOBIIS AlTD LA,W^ IMJnJJ^L. ii the sum of pounds, to him duly paid, Hath sold, and by these presents, doth grant and convey to the said party of the second part, and his heirs, executors, administrators and assigns, the following described goods, chattels and property, [here give full description ; or refer to them in the Schedule annexed marked A ;] now in my possession : To have and to hold all and sin- gular, the said goods, chattels and property aforesaid, Together with the appurtenances, all the estate, title and interest of the said party of the first part therein ; unto-the said party of the second part, his heirs, executors, admintstrators and assigns, for- ever : Frovided, Nevertheless, that if the said party of the first part shall well and truly pay or cause to be paid at maturity, the full amount, principal and interest of a certain promissory note, executed by him, and endorsed by the said party of the second part, for the sum of pounds, currency, bearing even date with these presents, pa^'able six months from date, and now held by Abel Beecher, of the City of , in the County and Province aforesaid : Then this Conveyance shall be void ; otherwise to remain in full force and virtue, h$ Witness whebeof, the said party of the first part hath hereunto set his hand and afiixed his seal, the d^y and year firs^ above written. Signed, Sealed and Delivered, in presence of Peteb, Finder, James Brooks. [See the two affidavits annexed thai are required to a Chattel Mortgage,\ Oliver Jones. [ in the sai|d County of Yor^ the Mof l^' To wit : ) gee of the within BiU|<^ Sal« by way of Mortgage named, maketh oath and saith that^harles Ponbar, of Albion, in the County of , the Mortgagor in the annexed Bill of Sale by way of Mortgage named, is justly and truly indebted to him this deponent the Mbi^gagee therein named^ in tt^ sum of pounds shUlingiv lawful money, of Canada, That thp said Bill of Sale, by way of Moittg^g;^, waft ei^ecuted in; gOPd faithi and, for the e^rqs? puicpose of secuiin^ tlijctpayment ui the money so ji^tly di^^ aft aforesaid, anfl,iipt for the purpose of protecting, the go^ds^nd chattels mei^ioiMid in thfi «|i|jLBiU of Sale by way of Mprtg^gO) amimt; the Credttom of^ ikfi^ 9^d Chiles. Diip^ar^ th# Mf>ift§gigRi "lec^^ m^ 126 SwoMi msiffiQfrqrft; wv^Hm Mam Batbi.' Sworn before me at the City of Toronto, in the saiid County of York, tl^is day of A. D. 1854. John Jcneb, A Commissioner for taking affidavits in the Queen's Bench, in and for the said County of York* :i Canada, County of York, To wit: Henry Holden, of the City of Toron^ to, in the said County of York, maketh oath and saith that he was personally S resent, and did see the annexed Bill of Sale by way of lortgage duly signed, sealed, and delivered by Charles Dunbar and Adam Bates, the parties thereto and that the name Henry Holden, set and subscribed as a Witness to the execution thereof, is of the proper handwriting of him, this deponent. Sworn before me at th^* CHy of Toronto in tlje, said County of Yorli; ^ Hsnhy Hold|:n. this day of A. D. 1854. Jqhn Jones, A Commissioner for taking affldayits in th^ Qq^Qn's, Bench, in and for the said County of York. N. B. Register your Deeds, and. Miemorials. See the. Act, rQ.qi4irlng Mortgages of Personal Property tp.be^ Filed, 1% Vict^ C^p, 74. 1849, and the Amendment 1 3 &,. 14. Vict,, C^p, 62, 18^0, on ^t^f 4^4 tp, 4,^7, inthis wpr,!^. ■T^P"*1FT-*^ RE^PECTINGi BONDS. ** A Bond or obligation is a deed; whereby the obligor bindft himseK, his heirs, executors and administrators, to pe^y or cause tp be paid, a certain, sum of money at a day appQJnted, with a condition to declare the same void ; on dvie performanqef and which is properly a money bond." The obligor is the party bound, and who signs, seals, and de- livers the bond. The obligee is .the pi^ty to whoip, the obligor becomes bound. It.is usual t<^ in^i;t ^QuVlfi tl^aoKNifltiQf monayftobo SAonio^d ii^ the obligation ; that- i^ito. MJ^, tl)e, penalty is made double tl^^ •mMfA of tbA cQndiitiWt It, is, a general p^l^ tl;^M^<9 ol^Ugifio oapnol cdlbofr from ihm <^&fh m^riB thaip^,thQ,8iiw n^Rifid 80. the. penalty^ ati any. rat94 **% aiin«ii):<;«p l^li(Q^np» more t^R htiidQl»V aii(ltl)e vo sxaoun a. ooirysTAircni. made, I bind myself, my htkrn, exeontors and administrators, firmly by these presents. Sealed "with my seal, Dated this day of , one thousand eight hundred and fif^- Thb Condition of this obligation is luoh; That if the above bounden Peter Jones, his heirs, executors, or administra- tors, shall well and truly pay, or cause to be paid, unto the above named Charles Harri8 sand eight hundred and fifly- The Condition of this obligation is such ; Tliat if the above- bounden Peter Jones, on or before the day of next, or, in case of his death before that lame, the heirs of the said Peter Jones, shall execute the conveyance of the property hereinafter described, within two months after his decease, (pro-^ viding such heirs shall then be of full age of twenty-one years,, or, if vdthia age, then within two months after such heirs shall be of full age of twenty-one years,) shall and will do, upon the rcMSonaUe recast, and at the £AW MAXVAL. obligation to be void ; otherwise to remain in full force and virtue. Signed, Sealed and Delivered, John Walkeb. BOND GIVEN BY TWO PERSONS. Know all Men by these Pbebento : That We, Charles Patton and Lewis Kay, of the Township of , in the County of , of the Province of Canada, yeoman^ are held and firmly bound, unto Andrew Robinson, merchant, of the Vil- lage of > in the said County of , and Province aforesaid, in the sum of seven hundred and llfty pounds, lawful money of Canada, To be paid to the said Andrew Robin- son, his heirs, executors, administrators, or assigns ; for which payment, well and truly to be made. We bind ourselves, our and each of our heiu, executors and administrators, jointly and sev- erally, firmly by these presents. Sealed with our seals. Dated this day of , one thousand eight hundred and fifly- Thb Condition of this obligation is such; That if the above bounden Charles Patten and Lewis Kay, or either of them, or their, or either of their heirs, executors, or administrators, shall well and truly pay, or cause to be paid, unto the above named Andrew Robinson, merchant, of the Village of , in the said County of , and Province aforesaid, The just and full sum of three hundred and seventy-five pounds, in three equal annual payments, from the date hereof; with annual interest, then the above obligation to be void ; otherwise to re- main in full force and virtue. Signed, Sealed and Delivered, in presence of John Patterson, William Rice. Charles Patton, [iSSeaU Lewis Kat. iSeai} BOND FROM AN OFFICER OF A BANK, OR COMPANY. Know all Men bt thes^ Presents : That I, Charles Ross, of the City of t in the County of , of the Provintfk of Canada, gentleman, am held and firmly bound, unto the Bank d , [or Trust and Loan Company, €ts the case may be ;] in the sum of three hundred pounds, lawful money of Canada, To be paid to the said Bank of , for Trust and Loan Company, as the case may &e,]] or assigns ; Tor which payment, well and truly to be made, I bind myself, my heirs, executors and administrators, firmly by these presents. 180 Sealed BOKS TO * 00SPOK4TI0ir, OB OOHfAXTT. lY. tho lank >an land laled Sealed with my seal, DaUxl this day of , one thousand eight hundred and fifty- Whbkeab : The above bounden Charles Ross has been ohosen and appointed first Cashier, [or Teller or Treasurer, as the case may be^] of the Trust and Loan Company ; [or Bank of;] by reascu whereof divers sums of money, goods and chattels, ana other things, the property of the said Company, [prt Bank,] will oome into his hands : Now Thubfore ; The Condition of this obligation is such; That if the said Chirles Ross, his heirs, executors, or administrators, at the expiration of his said office, upon request to him or them made, shall make or give unto the said Company, [or Bank,] or their agent, or lawful Attorney, a just and true account of all such sum or sums of money, goods and chattels, and other property, as have come into his hands, as Cashier, [or Teller ; or Treasurer,] as aforesaid, and shall and will pay and deliver, to his successor in office, or to any other person duly authorized to receive the same, all such sums or balances of money, goods and chattels, and all other things, which shall be in his hands, and belonging to the said Company ; [or Bank ;] and if the said Charles Ross shall in all things, honestly and faithfully, well and truly, serve the said Company, [or Bank,] in the capacity of Cashier, [or, Teller ; or Treasurer,] as aforesaid, during his continuance in office, then the above obligation to be void ; otherwise to remain in full force and virtue. Signed, Sealed and Delivered, Lewis Tobrance. [Seal] BOND TO A CORPORATION, OR COMPANY. Know all Men by these Presents : That I, Peter Davidson, of the City of , in the County of , of the Province of Canada, general merchant, am held and firmly bound, unto the [here the name of the Corporation or Company ;] of the the City of , in the County and Province aforesaid, in the sum of two hundred and ten pounds, lawful money of Cana- da, To be paid to the said Corporation [or Company or, or as the cage may be ;] or their successors, or assigns ; for which payment, well and truly to be made, I bind myself, my heirs, executor*;, and administrators, firmly by these presents. Sealed with my seal. Dated this day of , one thousand eight hundred and fifty- Thb Condition of this obligation is such; That if the above bounden Peter Davidson, his heirs, executors, or adminis- trators, shall well and truly pay, or cause to be paid, unto the ab^ve named Corporation of , [or Company, give their title, or as the case may bejl or their successors or assigns, the 131 just ■ : UOAL fOBlM AVD ULW ICAWAZ. Just and fUIl sum of, one hundred and five pounds, in one year from the date hereof; without interest, then the above obligation to be void ; otherwise to remain in full force and virtue. Signed, Sealed and Delivereii "sJITfo^STj^bs. ^ ^^"^ Davidbon. Chasles Shaw. [Seal] BOND TO EXECUTORS. Know all Men by these PftESENTs : That I, Andrew Titus, of the Village of , in the County of , of the ]hx)vince of Canada, contractor, am held and firmly bound, unto Caleb Tumbull and Oliver Richmond, of the Villag-* of , in the County of , of the said Province, executors of the last will and testament of Henry Goodson, deceased, late of the said Village of , in the County and Province aforesaid, in the sum of five hundredpounds, lawful money of Canada, To be paid to the said Caleb TumbuN and Oliver Richmond, execu- tors as aforesaid, the survivors, or survivor, or his, or their assLgns : fen: which payment, well and truly to be made, I bind myselCniy heirs, executors and administrators, firmly by these presents. Sealed with my seal, Dated this day of , one thousand eight hundred and The Condition of this obligation is such; That if the above bounden Andrew Titus, his heirs, executors, or adminis- trators, shall well and truly pay, or cause to be paid, unto the above named Caleb Tumbull, and Oliver Richmond, executors as aforesaid, the survivors, or survivor, or his, or their assigns ; The just and full sum of two hundred and fifty ix)unds, payable in one year, from the date hereof; with lawful interest, then the above obligation to be void ; otherwise to remain in full force and virtue. Signed, Sealed and Delivered, George Gbet. [SeaL] iii^^'^ii^Mi LEGATEE'S BOND TO EXECUTORS. Ksow ALL Men bv these Presents : That We, AlfVed Good- son and Henry Stanton, of the City a£ , in the County 0[ , of the Province (^ Canada, mer chants, are heAd and firmly bound, unto Caleb Tumbull and Oliver Richmond, of the Village of , in the County of , of the said ^evince, executors of the last will and testament of Henry Goodson, deceased, late of the Village of , in the County of , of the Province ofooresaid, in the sum of eiiB^t hundred and twenty-four pounds, law^l money of Canada, I'o be 182 paj as for sell join Sea thoi V Hen poun been mouf Th agmii name thedi cies, agrees thereo neoess tional andch Goodsc be rev GoodsoJ est, tot ecntors, Signed, in ] I J Know Eben Pli the Coun are held J of the Co iawful m well and oar heirsi firmly by i Sealed wii theyear (N The Cor ^nden h BAIL BOVB TO ▲ BKUm. K-1 paid to the said Caleb TurobaU and Oliver Richmood, executors, as afbresald, the survivoNt or survivor, or his, or their assigns, for vvUch payment, well and truly to be made, We bind our- selves, our and eaand from all manner of action or actions, suits, debts, dues, sums of money, claims and demands, whatsoever, in law or equity, under or by virtue of the said last will and testament, or against, or out of the estate of the said Oliver Howland. Im Witness whereof, ]^ the said Charles Ball and Elizabeth Ball my wife, have hereunto set our hands and alBxed our seals, this seventeenth day of June, in the year of our Lord one thou- sand eight hundred and fifty-four. Signed, Sealed and Delivered, ^ in presence of f Charles Ball, f'S'ea/.] Samuel Davidson, ^ Euzabcth Ball. [ea/.J W. U. Richmond. } If.S. — 1^ above form may be 90 changed tto be efuaUy applicable to au wt* married pereon, or pereoiu. 111 1 p'l RELEASE TO AN ADMINISTRATOR. Know all Men bt these Presents : That I, Wellington Har- rison, of the Village of , in the County of , of the Province of Canada, general merchant, the only son (or as the case may be) of Lewis Harrison, late of the City of Toronto, in the County of York, of the said Province, deceased. Who died intestate, do hereby acknowledge. That I this day have had and received of and from Albert Jones, administrator of the Estate of the said Lewis Harrison, deceased, the sum of two hundred and twenty pounds, lawful money of this Province, in full satis- faction and payment of all such sum or sums of money, share or shares, and dividends which were due, owing, payable, and belonging to me, by any means whatsoever, for or on account of my full share, or portion, of the Real and Personal {or Personal, as the case may he) Estate of my said Father, deceased ; And therefore I, the said Wellington Harrison, do by these presents release, acquit, and forever discharge the said Albert Jones, his heirs, executors, administrators and assigns, of and from the said share or dividend of the Estate aforessud, and of and from all manner of action or actions, suits, debts, dues, sums of money, 140 claims and SignJ lkah of raoBB aits ovsLLnro. claims and demands whatsoever, in law or equity, in and upon the estate of my late Father, up to the date of these presents. In Wmrsss wherbof, I, the said Wellington Harrison, have hereunto set my hand and affixed my seal, this day of , in the year of our Lord one thousand eight hundred and fifty- Signed, Sealed and Delivered, x "IZTh^ ( Wbu.n«tonHa„»oh. l&al.^ Daniel Olivbb. ' DECLARATION OF TRUSTS. Tais MAY Certify, That I, Eben Downs, of the City of Toronto, in the County of York, of the Province of Canada, merchant, Do hereby acknowledge, and declare : That a certain writing, (here desd'ihe the particular instrument ;) is left and deposited in my hands, by and in trust for William Henry, trader, and Thomas Jones, shoemaker, both of the Town of , in the County of , of the said Province, To be held by mb, and my legal representatives only, in Trust, for the convenience, use, benefit, and advantage of said William Henry and Thomas Jones, and their legal representatives ; and on demand from them, or either of them, that I will produce the same, for the use of either or both of said parties. In Witness whereof, I have hereunto set my hand and affixed my seal, this fourteenth day of June, in the year of our Lord one thousand eight hundred and fifly-four. Signed, Sealed and Delivered, in presence of S. Williams, John Sloan. Ebbn Downs. [Seaq LEASE OF STORE AND PWELLING. This Indenture of Lease, made between Seth Hall, of the City of Montreal, in the District of MooltieB\, of the Province of Canada, gentleman, of the first part; and Henry Lovejoy, of St. Johns, in said District and Province aforesaid, merchant, of the second part, Witnbsseth : That the said party of the first part has leased, and does hereby lease, for a term of five years, from the first day of August next ensuing, imto the said party of the second part, who is heareky present, and accepting for himself, that is to say, the Store and Dwelling situated on Notre Dame Street, in said City, being No. , on the northerly side of the said Street ; dimensions of said Store is eighteen feet front, by fifty feet in depth, with all the privileges and appurtenances to the same belonging, kicluding the eomnters, drawers, and shelv- ing in \h?. ftitme, Togbthbr with the Cellar under, Sind the Dwel- 141 ling LSOAL V0BM8 A5D LAW MAVVAL. ling over said Store, comprising eight rooms, all the said leased premises being well known to the said lessee, who has seen and examined the same before the execution of these presents, and and with the said leased premises, he is content and satisfied. This lease is thus made subject to the following stipulations, viz : that the Lessee shall make all repairs customarily made by tenants, during the present lease, and at the termination thereof, shall peaceably surrender the said premises in the like condition as when taken possession of, reasonable tear, wear, fire, and unavoid- able casualties excepted ; And that he shall constantly keep the hereby leased premises furnished, according to law, for the secu- rity of the rent hereinafter stipulated ; he shall not make over his interest in the present lease, or sub-let the whole, or any part of the premises hereby leased, without the consent of the lessor being first obtained in writing for that purpose ; And that during the said term, the lessee shall perform all the requirements of the police and fire departments. It is furtuer agreed. That the City taxes and assessments shall be paid by the lessee, {or the lessor, eu the case may be;) This Lease is further made in consideration of the sum of four hundred pounds, lawful money of Canada, for the rent of the aforesaid premises, for the said term of five years, from the first day of August next ; which sum the said lessee binds and obliges himself to well and truly pay to the said lessor, or his legal representatives, in equal quarter-yearly payments, of eighteen pounds fifteen shillings, currency, each payment ; the first payment whereof to be due and payable on the first day of November next. Signed and Sealed, in duplicate, at the City of Montreal, this eighth day of June, in the year of our Lord one thousand eight hundred and fifty-four. HekrtLewiT ) H. LovHOY. [Seal.] [For Canada Wett say County inttead of DittrietJ] ANOTHER LEASE. This Indenture of Lease, made this twelflh day of June, in the year of our Lord one thousand eight hundred and fifty-four, between Douglas Williams, of the Township of , in the County of , of the Province of Canada, merchant, of the first part ; and John Adams, of the said Township of , in the County of , in said Province, yeoman, of the second part, Witnesseth: That the said party of the first part, doth demise and lease, unto the said party of the second part, all that {describe the premises ;) To hold for the term of years, from the dat^; hereof, with all the privileges and appurte- nances, thereunto belonging ; yielding and paying therefor yearly, 142 on AKOTHBE MASl. on every first ^f And the J^ZZZ'^'T''''^^ '"' *^ ""^'* - ^the second oarf fL?V ®.^"^ Pa^, agrees wifh *u -«W premises Jurii'^^^^^^^ ^^^e anTla^^lVv "'"''^P^'-tJ «• eviction, of anv^^^^ '^J'"' ^^^thout thVlZf^'^T^^^ thi ^^r a»«.«^»/, y,^^"^ whatsoever. fXi I'"' ,^"'erruptio„, covenants to pav thTJ^i^"^ ^'^^ "^'^ partv oT/h« ''""'''^^^'^ good condition as th« «n^^' *^ '^® «»d of Li?' ^ ^'^ Attor- ^r thereof, and fire a^^.r^^^' reasonable l,,^'"' '"^ «« ail taxes on said wl! u^.^^^^^ casualties eVpJnf",^* ^®«r and term, do, or suffpi. *^^^°"^«d premises; and w^f^ "*' ^"'^ ^^ Pay let the V^:^!:i^Z::^^ *" J*^^ ^^^^^ed p^'i,S ?"""^ ^^''^ to occupy the sam« S^ 'hereof •) („or permk Tn '/r*" ""^^e'" to be made any Ster^t.-^"^*^^^ thereof ;n?r mn{ °^*'"' P^^^" said party of the w"*"^^®^''^"' without th«' "°'" ^"^^^ And the said party of^hf ' T "^ '" ««»«* '*. P« posture or suffeV m kI * '®''°'«' Par*. will „„, ,"■ And .he »id";r,":rXro„r • ''^ ^--'^ •^nnhereb/demp"""""""' -» » any oSe'^S.IX^he" »fi il 'n-i UK IJBOAL VOUn ASB LLW MUTUAL. tth, Covttumt tut to keep a Ibv«m. And that no person shall sell or retail any beer, »Ie or other liquors, whatever, or keep any victoallinj^, or other publie house of entertainment, in the buildines on said premises, without the permission of the said party of the first part, in writing. LEASE.— (<9Aor< Form.) This Indenture of Lease, made between Douglas Williams, uf the Town, or City of , in the County of , of the Province of Canada, merchant, of the first part ; and Henry Johnson, of said Town or City of , of the County and Province aforesaid, trader, of the second part, Agree as follows^ to Wit : — ^The said party of the first part leases to the said party of the second part, his House, Store, and a lot of Ground, situate in the Town, or City of , {here describe the premises ;) for the term of Three Years, from the first day of September next ensuing. And the said party of the second part, agrees to pay for said term, the sum of seventy-five pounds, currency, payable on , and not to assign, or lease the same, Qor make alterations, nor carry on any ofiensive trade therein, without the written consent of the said party of the first part ; And to quit the same at the termination of this lease, and to leave the same in good condition and repair, unavoidable casualties ex- cepted. This Lease will be void, if the said party of the second part fails to perform this agreement. Executed, Signed and Sealed, in duplicate, at the Town of , this tenth day of June, in the year of our Lord one thousand eight hundred and fifty-four. Witnessed by ) Douglas Williams, [Seal,] Sr^L^r Hekr.Jobn.on. M LANDLORD'S CERTIFICATE OF RENTING. This is to certify, That I, Charles Jones, of the Town of Brant- ford, have this day of , A.D. 1854, Let and Rented, unto William Hincks, of the said Town, merchant, my Store and Dwelling, known as number , in street, in the Town of Brantfbrd, Together with all the out-buildings, yard, garden and appurtenances to the said premises belonging, and the sole and uninterrupted use and occupation of the said premises and ever3F part thereof, for the term of Thsee Years, To commence the day of next, at the yearly rent of one hundred pounds, lawftd money of Canada, payable quarterly : [with the assessments, if to he paid by the tanant.'] Charles Jonxs. 144 Tenant's Br an the gai ten Mm«8 OK BMnragg. TENANT'S CERTIFICATP np a^« „ This ,a to OBRTiry Tha. 7 ..V-T ^ AGREEMENT. next, at the yearly iSt!5- ""?«"«» 'he dav S * '"'' *"» C«n«,a, PayL?eVa«4™}/^""''-'' P^-d^. fe money of Win pay the assessments ari\}-^ '? P'^V assessments *«« ? I Dated at Brantf?rd th?s ^ '*''* Premises.] ''* '"^' ^^^ ^-3^0^^ .AD. 1854. S« :-You bt"^" " '"'^''"•'' '» " y-«. W""-^ my han3 thil"' * ""'' ''^^"^^yo"*" 'eave the Lmt To Mr. Heniy J„h„«,„. Do™^., WiFuJ^"*- writing iettei^oTCin^^T"":'" ^^^ ^^"i CbesterfieW «• gance of style." '^'"^ * correctness without exiladi^^JX j^ LETTER I. that employment, and my lasi Jn ^^ ^"""^ *^«n accustomed m l# book. %'-■ LBOAL lOSMS A^ffS LAW MAWAL. :1S book-keeping, both by single and double entry, and also well acquainted with the public offices, and the business of the Custom- house, Should you wish to communicate with my late employer*, the Messrs. Jewett & Steartis, of Quebec, I have confidence in the belief that they will s^teak favourably i)f me. I a;.'), Sir. Yonr obediir.L servant. .I3TTKR II. Sfft, Applicatian for the Character of a Clerk. ' Having lately pariad with one oi ray clerks, I advertised, a few days since, in the MontreaK *• Transcript," with a view of meeting with a suitable person to vil his place. Among other applicants, there is one named Hamilton, who tells me that he hm been engaged in your office in the capacity of clerk during tiie last four years, 1 was somewhat pleased with his address and manner ; and if his pretensions as to capability and character should prove satisfactory, I feel disposed to give him a trial. I shall therefore feel obliged if you will inform me whether he has been in your employ me vit during that time, and if so, whether you found him quick and correct in his calculations, well vefsed in book-keeping, industrious, sober, and punctual in his habits, and of the strictest integrity. On the last point, it is needful I should be particularly circumspect, as his situation would be one of trust. An early answer to these inquiries, with any informa- tion you have to give in reference to what you may know about him, will extremely oblige. Sir, ' Your very obt. servant. n I te^ LETTER lU. In answer to Inquiries respecting the Character of a Clerk. Sir, Your letter reached me this morning, and in reference to my knowledge of Mr. Hamilton, I beg to inform you that he performed the duties of clerk in my counting-house for upwards of four years, during which time his conduct was marked with the strictest integrity : and in his habits of business, I always found him alert, industrious and punctual. Indeed these praise- worthy traits in his character, united with a pliant and accom- modating disposition, won my esteem ; and I should not have wished him to quit my employment, had I not been, from peculiar eircumstances, obliged, for the present, to reduce my establish- ment. I am, dear Sir, Yours, most respectfblly. 146 LBTTBR I^BTTXBS ON B1TBI5B88. ^ LETTER IT. From a Trader in the Country to a Merchant in the City. Sir, Having been recommended to you by Mr. Harris, with whom I served my apprenticeship, I have herewith sent you a small order, as under, which I hope you will execute on as good terms, and with the same care and dispatch, as for the rest of your correspondents. After having given me the usual credit, I will remit you the amount in cash ; and if you treat me well, I will omit no opportunity of increasing my commissions, and testifying that I am, with much respect. Sir, Yours respectfully. LETTER V. A Wholescik to a Retail Firm. Gentlemen, We beg to inform you that we have lately opened a large establishment in the (Fancy Goods line ) and have provided an extensive stock of the ohoicest goods and the most fashionable patterns. Soliciting the custom of your respectable Firm, we at the same time desire to assure you that any orders you may favor us with, will receive our best attention. We have a few choice samples of ( ), a rarity at present, and well worthy of your notice. We are, Gentlemen, Your most obedient servants. letter vl A Gentleman proposing his Son as an Apprentice. Sir, As I understand that you have a vacancy for an appren- tice, I am anxious to place my son under your charge, in order* that he may acquire a competent knowledge of your business, which he seems strongly inclined to follow in preference to another. I know not what your terms may be, but if favourable, I shall have no objection to complying with them ; and with the view of settling that point, shall be happy either to receive a note from you, or to meet you at your own, or my house. Allow me to add, that my son has received a good plain education, fully addequate to all the requirements of a man of business, and that I think you would find him of a cheerful and pliant disposi- tion, of industrious habits, and quick in receiving any kind of instruction. lam, Sir, Your very obedient servant. 147 litter I I UOAL V0BM8 JUfD L^W MJJXVAL. LETTER Vn. On Retiring from Business, and Recommending a Successor. Gentlemen, We flatter ourselves that we have many friends among our connection who will regret to hear that we are just upon the point of relinquishing business. In doing so, our extensive stock of goods will be transferred to the hands of the Messrs. Hutchins & Wilson, who will, in future, carry on the business on the same approved system, and the same extensive scale as our- selves, provided they can rely on receiving the patronage of our connection ; in the hopes of which, it is our pleasure and duty to present those gentlemen to your notice. We need scarcely speak of the confidence we feel in their liberal mode of conduct- ing business, and their strict attention and punctuality in their mercantile transactions. Feeling assured that they will meet with the same countenance received by ourselves from your Res- pectable firm. We beg to subscribe ourselves Your obliged and Most obedient servants. CO-PARTNERSHIP. Agreement of Co-partnership, William Harrison of the City of , in the County of of the Province of Canada, and Joseph Stewart, of the said City and Province aforesaid, Agree as follows, to Wit : — The parties agree to become partners for the purpose of buy- ing and selling goods such as are usually kept for sale or purcha- sed at a retail store, in the City of , {or Town of ,) for the term of fiive years, from the date of these presents. Firstly. The style of the said Co-partnership shall be William Harrison & Co., No street, in the City aforesaid. Secondly. Said p ^rties have each contributed five hundred pounds currency, as the capital stock of the said firm, {or as the fact may be.) Thirdly. All profits shall be equally divided ; and all expenses of the business and losses, shall be equally borne in common. Fourthly. Both parties shall give all their time and attention to the business of the said firm, for the common benefit ; and nei- ther party shall engage in any trade or business for his private be- nefit. Fifthly. Correct books of account shall be kept, which shall always be open to inspection of both parties, or their legal repre- sentatives, in which shall be regularly entered all moneys recei- 148 ved ▲ OBlTIf lOATl OV 00-PABTinMHIV. ved and paid out, and all purchases, sales, transactions and ao- oounts •'elating to the business of the said firm. Sixthly. An account of the stocli shall be taken, and the ac- counts between the said parties, shall be settled, as often as once in every year, and oftener, if requested, in writing by either party. Seventhly. Neither of the said partners shall become surety for any person, or bind the firm as surety, in any case, without the written consent of the other. Eighlly, No money or property shalj be withdrawn by either party, or applied to his own use, except with the written consent of the other party ; and in every such case, the same shall be charged, and his share of the profits reduced in proportion to the amount withdrawn. Ninthly. At the close of the partnership, the stock, property and debts shall be equally divided, after paying the debts and liabilities of the firm. In Witness whereof. The said parties to these presents have hereunto set their hands and afiixed their seals, this eighteenth day of June, in the year of our Lord one thousand eight hundred and fifty-four. Signed, Sealed and Delivered, ^ in presence of f Wm. Harrison, ['^eo/.l Hbnrt Tobin, I Joseph Stewart. [/Sea/.] Wellington H. Richmond.) NoTX. — ^The first entry in the day-book shoald be the above agreement AGREEMENT TO CONTINUE A PARTNERSHIP. We, The within named William Harrison and Joseph Stewart, do by these present, declare and mutually covenant and agree, unto and with each other, his and their heirs, executors, admini- strators and assigns, to continue the joint trade and partnership, within mentioned, for the further term of years, if both of us so long live, to be accounted from the expiration of years from the day of , in the year of our Lord one thousand eight hundred and , with all the provisions and restrictions herein contained. In Witness whereof, &;c., {as in the preceding.) ' A CERTIFICATE OF CO-PARTNERSHIP. Notice is hereby given. That the subscribers have formed a partnership, under the name and firm of Johnson & Stephenson : That Henry Johnson, of , and James Stephenson, of , are general partners, and William Colt, of is special partner ; And that said special partner has contributed to the common stock of the said partnership the sum of one 149 hundred iMiiL t6&tti Airj) I.AW ULkvkL. hundred pounds, currency. The mui^ineiss to ho conducted by the said firm in the City of , is a Genera) Commission, and Forwarding Businesf^ said partnership commences on , And is to terminate on Dated at Toronto, this day of , A.D. 1854. WiTNESfilED BY ) MbNRY JoUIfBON. Jab. STEPiiBNBov. William Colt. '(■ •■; i Mi A DISSOLUTION OF PARTNERSHIP. William Harrison, of the City of , in the County of , of the Province of Canada, and Joseph Stewart, of the said City and Province aforesaid, Agree as Ibilows, to Wit : The Pal'tnership existing between the said parties, undftr the firm of , Is Dissolved. The said William Harrison, for and in consideration of the sum of pounds, currency, paid to him by the said Joseph Stewart, grants and assigns to the said Joseph Stewart, all his interest and right, in all the goods and stock of said firm, and in all the debts and demands due said firm : With i)ull power to collect them by suits or otherwise, in the name of said William Harrison, and for his own use. The said William Harrison agrees that he will not do any act by which said Joseph Stewart may be delayed, or hindered from collecting any of said debts, or demands ; and that he will, on request, execute any proper Instrument for enabling said Joseph Stewart, to collect the same. The said Joseph Stewart aobees to pay all debts and demands existing against said firm, and to indemnify and save harmless said William Harrison from any loss, cost, damage, or expense, to which he may be subject by reason of the same. In Witness whereof, the said parties to these presents have hereunto set their hands and affixed their seals, this day of , in the year of our Lord one thousand eight hundred and fifty-four. Signed, Sealed and Delivered, in presence of Wellington H. Richmond, William Tobias. Wm. Harrison, r^fea/.J JoserH Stewaet. [(Sea/.J NOTICE ON DISSOLUTION OF PARTNERSHIP. Notice is hereby given, That the Partnership lately subsisting between William Harrison and Joseph Stewart, both of the City of , under the firm of , expired on , (or was dissolved on , by mutual consent). All debts owing to the said Partnership, are to bo received by said William Harrison, and ail demands on the said Partnership, are to be 150 presented BBSPIOTIVO VOWBS OT ATTOUIXT. presented to him for payment : (or W. Harrison is authorized to settle all debts due to and by said company.) Dated at this . day of , A.D. 1854. Wm. Hakbison, Jornpn Stewart. KoTK : — It is n^ceaaary to publlah a notice, immediately after a dlsaolution of a partnoratiip, for tho information of tlio public at large, and to aond a apeoial notic* to M peraona who bare deaiinga with the company. NOTICE WHERE ONE PARTNER LEAVES THE FIRM. Notice is hereby given, That the Partnership subsisting be- tween Alvin Boles, Ch^w-Ies Henry and James Smith, was dissolved on the day of . so far as relates to the said Charles Henry, all debts due to the said Partnership, are to be f»aid, and those due from the same, discharged, at the store of the ate firm, in , where the business will be continued, under the firm of Boles and Smith. ANOTHER NOTICE OF DISSOLUTION OF PARTNER- SHIP. The Busikess heretofore carried on, in this City, under the Firm of Bolton 6z, Davis, dealers in Dry Goods ; Is this^day Dis- solved by limitation. Franklin Bolton, Henry L. Davis, Montreal, June 27, 1854. RESPECTING POWER OF ATTORNEY. A Letter, or Power op Attorney, is a written delegation of authority by which one person enables another, to do an act for him. when a power i : Special, and the authority limited, the attorney cannot bind his pibicipal by any act in which he ex- ceeds that authority ; but the authority of the attorney will be so construed as to include all necessary means of executing it with effect. When the power is in writing, and subject to the inspection of the party, no good reason exists for binding the principal, beyond the scope of it ; though in general he who employs an agent or attorney shall lose by his fraudulent or illegal acts, in preference to an innocent third person. Where a Letter of Attorney is granted, to be used in a different or distant jurisdiction^ it ought to carry with it evidence of its being genuine or authentic. It is therefore proper that it should be witnessed and acknowledged before some Officer in the town where it is executed. Such as a Justice of the Peace, or Mayor of a town. 151 ^. , General IIOAL VOTUCR AKD LAW MIUnJAL. I , GENERAL POWER : .) IRANSACT BUSINESS. Know all Men dy these Presents : That I, Henry Piper of theCity of Montreal, of the Province of Canada, merchant ; Have hereby made, constituted, and appointed, and by these presents do make, constitute, and appoint William Dole, of the Town of , in the County of , and in the District of , of the said Province, trader, my true, sufficient and lawAil attorney, for me and in my name, and for my use ; (here describe the things to b€ done ;) And for the purposes aforesaid, I do hereby gt unt unto my said attorney, full power and authority to do and perform all and every act and thing whatsoever requisite and necessary to be done in and about the premises, as fully to all iutents and purposes, as 1 might or could do if personally present, With full power of substitution, and revocation, hereby ratifying and confirming all that my said attorney or his substitute shall lawfully do or cause to be done by virtue hereof. In Witness whereof, I have hereunto set my hand and seal, this twelfth day of June, in the year of our Lord one thousand eight hundred and fifty-four. Signed. Sealed and Delivered, in presence of r h. Piper. ISeal] Samuel Holden, t * «» l j W. Setuard. Another General Power to Transact Business. Know all Men by these Presents: That I, Wellington Harrison Richmond, of the City of Toronto, in the County of York, of the Province of Canada, author and publisher ; Have made, constituted, and appointed, and by these presents do make, constitute, and appoint, and in my place and stead, put and depute, James Jones, of the City of Montreal, of said Province, merchant, my true and lawful Attorney, for me, and in my name, and for ray use, to ask, demand, sue for, recover, and receive, all such sum or sums of money, debts, goods, wares, and other demands whatsoever, which are or shall be due, owing, payable, and belonging to me by any manner or means, especially. {Her$ particular reference should be made to the main or principal ob- ject or purpose in view, and for which the power of Attorney is more especially granted.) Giving and granting unto my said Attorney, by these presents, my full and whole power, strength, and authority in and about the premises ; to have, use, and take. all lawful ways and means, in my name, for the purposes aforesaid, and upon the receipt of any such debts, dues, property, or sum of money, {as the fact may be,) acquittances, or other sufficient discharges, for me, and in my name to make, seal, and deliver. And Generally, all and every other act or acts, thing or things, 152 IB * VOWim TO OOLLBOT DBBTI. in tho law whatsoever, needful and necessary to be dune in and about the premises, for me and in my name, to do, execute, and peribrni, as fully and amply to all intents and purposes, as I my- sell might or could do if personally present, giving and granting unto my nnid Attorney the right, full power and authority to make, constitute, and employ one or more Attorneys to act under him for the purpose aforesaid, and again to discharge them at pleasure. Hereby ratifying and holding for iirm and effectual, all and whatsoever my said Attorney shall lawfully do in and about the premises, by virtue hereof. In Witness whereof, I have hereunto set my hand and affixed my seal, this twellth day of June, in the year of our Lard one thousand eight hundred and filty-four. Signed, Sealed and Delivered, '"rZsHMxe. i W. n. R.o„„o»». [&«/.] Samuel Holdeiv. REVOCATION OF A POWER OF ATTORNEY. Know all Men by these Presents : That whereas I, Welling- ton Harrison Richmond, of the City of Toronto, in the County of 'S'ork, of the Province of Canada, in and by my Letter of Attorney, bearing date the twelfth day of June, in the year of our Lord one thousand eight hundred and fif'ty-fbur, Did make, constitute, and appoint James Jones, of the City of Montreal, and Province aforesaid, merchant, my true and lawful Attorney for me, and in my name, to, &c., {here copy the language of the Letter of Attorney,) as by the said letter will more lully appear ; Now Know ye That I, the said Wellington Harrisdn Richmond, have revoked, countermanded, annulled, and made void, and by these presents do revoke, countermand, annul, and make void, the said Letter of Attorney, and all power and authority thereby given, or intended to be given, to tlie said James Jones. In WrrNEss whereof, I have hereunto set my hand and afHxed my seal, this day of , in the year of our Lord one thousand eight hundred and fifty- Signed, Sealed and Delivered, in presence of ^ W.H.Richmond. H. rtrER, Horatio Hill. [Seal.-] POWER TO COLLECT DEBTS. Know all Men by these Presents: That I, Henry Tobias, of the City of Toronto, in the County of York, of the Province of Canada, merchant ; Have made, constituted, and appointed, and by these presents, do make, constitute, and appoint James 153 Bond, IiE&AI. TOBlIfl AVD > MAJHTAL. Bond, of the Town of Simcoe, in the County of Norfolk, of the said Province, trader, my true and lawful attorney, for me, and in my name, place and stead, and for my use, to ask, demand, Kte for, collect and receive, all such sums of money, debts, rents, dues, accounts, and other demands whatsoever, which are now due, or shall become due, owing, and payable, to me, or detained from me, in any manner whatsoever, by Samuel Piper, of , his heirs, executors and administrators, or any of them, [or by any person or persons residing in either section of the Province of Canada ;] Giving and granting unto w said attorney, by these presents, full power and authority, to take, all lawful ways and means, in my name, to do, execute, and perform all and every act and thing whatsoever, requisite and necessary to be done, in and about the premises, as fully and amply to all intents and purposes, as I myself might or could if personally present, fok* the purposes aforesaid, and upon the receipt of any such debts, dues, property, or sum of money, (as the case may be), acquitances, or other sufficient discharges, for me and in my name to make, and deliver; With full power of substitution and revocation, hereby ratifying and confirming all that my said attorney, or his substitute, shall lawfully do or cause to be done, by virtue hereof. In Witness whereof, 1 have hereunto set my hand and affixed my seal, this day of , jn the year of our Lord one thousand eight hundred and fifty- . Signed, Sealed and Delivered, in presence of i tt fv bAvm Wilson, > Henry Tobias. Henry Dixon. [Seal] POWER TO TAKE CHARGE OP LANDS, &c. Know all Men by these Presents : That I, Charles Welling- ton, of the Town of , in the County of , of the Province of Canada, carpenter and joiner ; Have made, constituted and appointed, and by these presents do make, con- stitute and appoint, John Reynolds, of the Township of , in the County of , of the said Province, yeoman, my true and lawful attorney, for me, and in my name, place and stead, {here natne the lands and premises for which this power is granted ;) To exercise the general control and supervision over the lands, tenements and hereditaments, described as above, belonging to me, and situate in tha Township of , in the County of , of the Province aforesaid ; To prevent, forbid and hinder, by all lawful means whatsoever, the commission of cutting down trees, or of any trespass or waste upon the same, or any part thereof: and at my cost and expence, and under my advice, (or under the advice of my counsel A. B., 154 as lai n"*;i«iiicir4i POWBS to VmOT nrSVRAKOE. m as the case may he,) 6f , to sue for, collect, recover and receive, compound for, any damages which may accrue in consequence of the commission of any trespass or waste upon the above described lands, tenements and hereditaments, or any part thereof, by any person or persons whomsoeveip ; Giving and granting unto my said attorney, full power and authority, to do and perform all and ev^.y act and thing whatsoever, requisite and necessary to be done, in and about the premises as fully to all intents and purposes, as I might or could if personally present ; With full power of substitution and revocation, hereby ratifying and confirming all that my said attorney, or his substitute, shall lawfully do or cause to be done, by virtue hereof. In Witness whereof, I have hereunto set my hand and affixed my seal, this day of , in the year of out* Lord one thousand eight hundred and Signed, Sealed and Delivered, in presence of Henry West, Jacob French. Charlies Wellington. [SealJ] il] IS rer re, •f POWER TO EFFECT INSURANCE. Know all Men by these Presents : That I, Stephen Howard, of &c., [as in the Power to convey Real Estate to the description^ diiid then add ;] to effect Insurance, {here describe the premises to he Insured) with the [here name the Campany that you %i)ish your property to he insured hy"] Insurance Company, in the Town ot City of , on the best terms the same can be effected, to be approved of by my said attorney ; And I hereby empower my said attorney to sign any application for said insurance, any representation of the condition and value of the said property ; With full power to execute articles of agreement, and all papers that may be necessary for that purpose ; and also to cancel and surrender any policy he may obtain, and such cancelling, or at the expiration thereof, to renew the said Policy, {if necessary,) and to receive any dividend, return premium, or deposit, that may be due, and on such receipt full discharge to give therefor, if neces- sary ; Giving and granting unto my said attorney full power and authority, to do and perform all and every act and thing whatsover, requisite and necessary to be done, in and about the premises, as fuDy, to all intents and purposes, as I might or could do if personally present ; With full power of substitution and revocation, hereby ratifying and confirming all that my said attor- ney, or his substitute, shall lawfully do, or cause to be done, by virtue hereof. In Witness whereof, I have hereunto set my hand and affixed 155 my LBOAL FOBMS AVD LA.W IfAlTUAL. my seal, this day of one thousand eight hundred and Signed, Sealed and Delivered, in presence of Charles Henry, John Anderson. , in the year of our Lord Stephen Howard. [Seal.] POWER TO SELL AND CONVEY REAL ESTATE. Know all Men bv these Presents: That I, Wellington Har- rison Richmond, of the City of Toronto, in the County of York, of the Province of Canada, publisher ; Have made, constituted and appointed, and by these presents, do make, constitute and appoint Horatio Otis, of the Village of , in the County of , ol the said Province, tinsmith, my true and lawful attorney, for me, and in my name, place and stead, [here set forth what the Power is granted for ;] To enter into and take possession of all the lands, tenements, hereditaments and premises whatso- ever, in the Town of , in the County of , and Province aforesaid, to or in which I am or may be in any way entitled or interested : And to grant, bargain and sell the same, or any part or parcel thereof, for such sum or price and on such terms as he shall think advisable, and for my benefit, and for me, and in my name, to make, execute and deliver good and sufficient deeds and conveyances for the same, with the usual covenants and warranty ; And until the sale thereof, my attorney is hereby authorized to lease the said real estate, on the most advantageous terms ; and ask, demand, distrain for, collect, recover, and receive, all monies or sums of money which shall become due and owing to me, by means of such bargain and sale, or lease ; Giving and granting unto my said attorney, full power and authority to do and perform all and every act and thing whatsoever, requisite and necessary to be done, in and about the prctpises, as fully, to all intents and purposes, as I might or could do if personally present ; With full power of substitution and revocation, hereby ratifying and confirming all that my said at- torney, or his substitute, shall lawfully do, or cause to be done, by virtue hereof. In Witness whereof, I have hereunto set my hand and affixed my seal, this day of , in the year of our Lord one thousand eight hundred and Signed, Sealed and Delivered, N '" Jonr Adamson, ( Wellington H. Richmond. [Seal] Hii^NRY MaTHERSON. ^ 158 Substitution OU8TOM-HOU8E POWEB. SUBSTITUTION OF AN ATTORNEY. Know all Men by these Presents : That I, Horatio Otis, of the Village of , in the County of , of the Province of Canada, tinsmith, By virtus of the power and authority to me given, in and by the letter of attorney of Welling- ton Harrison Richmond, of the City of Toronto, in the County of York, and Province aforesaid, which is hereunto annexed, Do substitute and appoint Joseph Wilson, of the Village of , to do, perform and execute, every act and thing which I might or could do, in, by and under the said power, as well for me as being the true and lawful attorney and substitute of the said Wellington Harrison Richmond ; Hereby ratifying and confirm- ing all that the said attorney and substitute, hereby made and appointed, shall do in the premises, by virtue hereof and of the said letter of attorney. In Witness whereof, I have hereunto set mj hand and affixed my seal, this day of one thousand eight hundred and Signed, Sealed and Delivered, in presence of Charles Daily, Peter Hill. , in the year of our Lord Horatio Otis. [Seal] CUSTOM-HOUSE POWER. Know all Men by these Presents : That 1, Charles Brown, of the Town of , in the County of , of the Province of Canada, merchant; Have made constituted and ap- pointed, and by thes ) oresents do make, constitute and appoint, Joseph TurubuU, of the City of Hamilton, in the County of Wentworth, of the said Province, gentleman, my true and lawful attorney, for me, and in my name, place and stead, [here set forth what the power is granted for ;] To receive and enter at the Custom-House at Hamilton, in the County of Wentworth, any goods, wares, or merchandize, imnorted by me, or which may hereafter arrive, that are consigned to me : To sign my name, and to seal and deliver, for me, as my act and deed, any bond or bonds which may be required by the Collector of Customs at Hamilton, in the County aforesaid, for securing the duties on any such gc ods, wares, or merchandize : Also, to sign my name, to seal and deliver for me, and as my act and deed, any bond or bonds requisite for obtaining the debenture on any goods, wares, or merchandize when exported ; and generally to transact all business at the said Custom-House, in which I am or may here- after be interested or concerned, as fully as I could if personally present. And I do hereby Declare, That all bonds signed and executed by my said attorney, shall be as binding on me as those signed by myself, and this power shall remain in full force and virtue until revoked by a written notice given to the said Col- lector, 167 , III LEGAL T0BM8 AND LA^ HASTUAL. In Witness whbreof, I have hereunto set my hand and aflixed my seal, this day of , in the year of our Lord one thousand eight hundred and Signed, Sealed and Delivered, in presence of , i r» t» r o n Andrew Boyd, i Ciiahles Brown. [Seal] Oliver Kerr. POWER TO TRANSFER SHARES. Know all Men by these Presents : That I, Edward Westover. of the Town of , in the County of , of the Province of Canada, contractor ; Do hereby constitute and appoint James Rich, of the Town of , in the County and Province aforesaid, yeoman, my true and lawful attorney, for me. and in my name and behalf, to Bargain, Sell, assign and transfer to Adam Jones, of the City of , in the said Province, the whole, or any part of the Forty Shares of the Capital Stock, standing in my name, on the books of the Bank, (or Company,) and for that purpose to make and execute all nece'ssary acts of assignment or sell and transfer the same or any part thereof as aforesaid. In Witness whereof, I have hereunto set my hand and affixed my seal, this day of , A. D. 185 . Signed, Sealed and Delivered, in presence of ^ Edward Westover. [&«/.] Peter Devlin, Isaac Murphy. POWER TO ACCEPT OF TRANSFERS OF STOCK ; Of the Bank of ,or A Company, giving the Title of the Company. Know all Men by these Presents : That I, (or we^ of , Do make, constitute and appoint John Mills, of , my (or our) true and lawful attorney, for me {or us), in my {or our) name, and on my {or our) behalf; To accept all such transfers as are, or may hereafter be made, unto me (or us) of any interest or share in the Capital or Joint Stock, of the {here give the name of the Bank or Company, as the case may be ;) To receive and give receipts for all dividends that are now due, and that shall hereafter become due and payable for the same, for the time being ; to sell, assign and transfer all or any part of my {or our said Stock, to receive the consideration money, and give a receipt, or receipts for the same, and to vote at all elections ; and gen- erallv to do all lawful acts requisite for effecting the premises ; hereby ratifying and confirming all that my (or our) said attorney shall do therein ; by virtue hereof. Iir Witness whereof, I, {or we) have hereunto set my (or our) 158 baod PROXY BT ▲ iHA&AHOLSB OS A OOB^OSATION. hand and affixed my seal (or seals,) at , this day of , in the year of our Lord one thousand eight hundred and Signed, Sealed and Delivered, in presence of ( [Seal] Pbter Henoerscw. Andrew Stevens. TRANSFER OF MINING COMPANY SHARES. [, Wellington Harrison, in consideration of the sum of raid to me by John Edmonds, of , &c.. Do hereby bargain, sell and transfer to the said John Edmonds, share {or shares) of the stock of the Mining Company, To hold to him the said John Edmonds, his heirs, executors, curators, administrators and assigns, subject to the same rules and orders, and on the same conditions that I held the same immediately before the execution hereof. And I, the said John Edmonds, do hereby agree and accept of the said share (or shares,) subject to the same rules, orders and conditions. In Witness whereof, We have hereunto set our hands and affixed our seals, this day of , in the year of our Lord one thousand eight hundred and fifty- Witnessed by ^ Oliver Daniels, > Wellington Harbison. [/Sea/.] Lorenzo Hill. ) PROXY. Know all Men by these Presents : That I, Cornelius Smith, of the City of , in the County of , of the Province of Canada, gentleman; Do hereby constitute and appoi- nt Henry Holden, of the Town (or City of) , in the County and Province aforesaid, to be my attorney and agent, for me, and in my name, place, and stead, to vote as my proxy, at any election of Directors of the Bank {or Company,) according to the number of votes I should be entitled vote, if then personally present. In Witness whereof, I the undersigned, have hereunto ^et my hand, and affixed my seal, at , this day of , A. D. 1854. Cornelius Smith. [Seai] PROXY BY A SHAREHOLDER OR A CORPORATION. A. B., of Brantford, one of the Shareholders of the Company ; Doth hereby appoint Lewis Shaw, of the City of Hamilton, in the County of Wentworth, of the Province of Canada, To be Proxy of the said A. B., in his absence, to vote in his name upon any matter relating to the undsrtaking proposed, at the meeting 159 of LXOAL 70BM8 AKS LA.W ICAITVAL. of the Shareholders of the Company, to be held on the day of next, in such matter as the said Lewis Shaw doth think proper. In Witness whereof, the said A. B., doth hereunto set his hand gr, if the Corporation^ say^ the Common Seal of the Corporation,) ated at , this day of , A. D. 185 . A. B., [Seal] A DIRECTOR'S PROXY. I hereby appoint Charles Hall, of the City of Toronto, in the County of York, in the Province of Canada, Esquire, one of the Directors of the [here name the Bank or Company :] To be my Proxy, as Director of the said Bank or Company, as the case may be ; And as such proxy to vote for me at all meetings of the directors of the said coinpany, and generally to do all that I could myself do as such Director, if personally present at such meeting. In Witness whereof, I the undersigned, have hereunto set my hand and affixed my seal, at , this day of , A. D. 1854. John Walker. [Seal] {Director not to act for more than three Directors.) STATEMENT OP THE LIABILITIES AND ASSETS OF A BANK. Statement of the Liabilities and Assets of the Bank of , on the day of , 185 . LIABILITIES. Bank Notes in circulation not bearing interest.... £ Bills of Exchange in circulation not. bearing interest Bills and Notes in circulation bearing interest.... Balances due to other Banks Cash deposits not bearing interest Cash deposits bearing interest Other liabilities, if any, stating their nature Total liabilities £ ASSETS. Coin and Bullion £ Landed or other property of the Bank. Government Securities Bank Notes, or Promissory Notes and Bills of other Banks * * * * Balances due from other Banks Notes and Bills discounted or other debts due to the Bank, not included under the foregoing heads, and believed to be good Es, Total Assets. 160 FBBS TO JUSTICES OF THB PSAOX, (O. W.) FEES TO JUSTICES OF THE PEACE, (C. W.) Established hy anActofU^Xh Vict., Cap, 119, 1851. By the becond Section : It is enacted, That from and after the passing of this Act, the following Fees, and no other, shall be taken from the parties prosecuting, by Justices of the Peace in Upper Canada, or by their Clerks, for the duties and services hereinafter mentioned, that is to say: For information and Warrant for apprehension, of for an in- formation and Summons for assault, trespass, or other mis^ demeanor. Two Shillings and Sixpence ; For each Copy of Summons to be served on Defendant or* Defendants, Six Pence; For a SubpcBna, Six Pence,— only one on each side is to be charged for on each case, which may contain any number of names ; and if the justice of the case shall require it, additional Subpcenas shall be issued without charge ; For every Recognizance, One Shilling and Three Pence, — only one to be charged in each case ; For every Certificate of Recognizance under the Act of Upper Canada, Seventh William the fourth, chapter ten, One Shilling and Three Pence ; For information and Warrant for surety of the peace or good behaviour, to be paid by complainant, Two Shillings and Six Pence; For Warrant of Commitment for default of surety to keep peaoc or good behaviour, to be paid by complainant. Two Shilling* and Six Pence ; III. And be it enacted, That the costs to be charged in all eases oi' convictions, where the Fees are not expressly prescribed by any Statute, other than the Statute hereinbefore repealed, . shall be as follows, that is to say : For information and Wairant for apprehension, or for informa- tion and Summons for service. Two Shillings and Six Pence ; For every Copy of Summons to be served upon Defiendant or Defendants, Six Pence ; For every Subpasna to a Witness, (as provided in the second section of this Act,) Six Pence ; For Hearing and Determining the case, Two Shillings and Six Pence ; For Warrant to levy Penalty, One Shilling and Three Pence ; For making up every Record of Conviction when the same is ordered to be returned to the Sessions, or on Certiorari^ Five Shillings. Provided always. That in all such cases as admit of a summary Eroceeding before a single Justice of the Peace, and wherein no igher penalty than Five Pounds can be imposed, the sum of 161 Two LXOAL TOBMB AITB I^W ICAWIX. Two Shillings and Six Pence only shall be charged for the coH' viction, and One Shilling and Three Fance for the Warrant to levy the Penalty ; and that in all cases where persons are sub- panaed to give evidence before Justices of the Peace in case of assault, trespass or misdemeanor, such Witness shall be entitled, in the discretion of the Magistrate, to receive at the rate of Two Shillings and Six Pence lor every day's attendance, where the distance travelled in coming to and returning from such adjudi* cation does not exceed ten miles, and Three Pence for each mile above ten. Every Bill of Costs, when demanded to be made out in detail, when demanded, Six Pence; Copy of any other paper connected with any trial, and the Minutes of the same if demanded^ — every folio of one hundred words. Six Pence. sh of for Su toh or o be deli^ SUMMARY CONVICTIONS ACT, (C.W.) 16 VICT. 1853. CAP. CLXXVIII. .AlC ACT TO FACILITATE THE PKRFORMANCE OF THE DUTIES OF JUSTICES OP THE PEACE, OUT OF SKSSTONS, IN CANADA WEST, AVITH RESPECT TO SUMMARY CONVICTIONS AND ORDERS. [Assented to, lAth JunCj 1853.] WHEREAS it would conduce much to the improvement of the administration of justice within that part of this Province called Upper Canada, so far as respects Summary Convictions and Orders to be made by Her Majesty's Justices of the Peace therein, if the several Statutes and parts of Statutes relating to the duties of such Justices in respect of such Summary Conviotious and O-devi W«re consolidated, with such additions and alterations as may be deemed necessary, and that such duties should be clearly defined by positive enact" ment : Be it therefore enacted, (fee, That in all cases where an Information shall be laid before one or more of ITfT Mrijesty's Justices of the Peace for any Territorial Dlviidun In Up|iP4 Canada, that any person has committed or is suspected to have committed any offence or act within the jurisdiction of moh Just ico or Justices of the Peace, for which he is liable by law upoii a Swnmary C,r of si)dli information or complaint to nisor thnil satliiiHotlon, to issue his orthtiirW&rrant (B) lo apprehend the parly so summoned, ant) tu bring him before i«8 V i\m •r f ■ UOIL rOBlfS ASTD LAW HAT^UU*. the same Justice or Justices or before & :>ine other Justice or Justices of the Peace in and for the same Territorial Division, to answer to the said information or complaint, and to be further dealt with according to law; or upon such information being laid as aforesaid for any ofTence punishable on conviction, the Justice or Justices before whom such information shall have been laid may, if he or they shall think fit, upon oath or affirm- ation being made before him or them substantiating the matter of such information to his o* heir satisfaction, instead of issuing such Summons as afore < id, issue in the first instance his or their Warrant (C) for aj ore bending the person against whom such information shall have been so laid, and bringing him before the same Justice or Justices, or before some other Justice or Justices of the Peace in and for the same Territorial Division, to answer to the said information, and to be further dealt with according to law ; or if where a Summons shall be so issued as aforesaid, and upon the day and at the place appointed in and by the said Summons for the appearance of the party so summoned, such party shall fail to appear accord- ingly in obedience to such Summons, then and in every such case, if it be proved upon oath or affirmation to the Justice or Justices then present, that such Summons was duly served upon such party a reasonable time before the time so appointed for his appearance as aforesaid, it shall be lawful for such Justice or Justices of the Peace to proceed ex parte to the hearing of such information or complaint, and to adjudicate thereon, as fully and effectually to all intents and purposes as if such party had personally appeared before him or them in obedience to the said Summons. Ill, And be it enacted, That every such Warrant to appre- hend a Defendant, that he may answer to such information or complaint as aforesaid, shall be under the Hand and Seal or Hands and Seals of the Justice or Justices issuing the same, and may be directed to all or any of the Constables or other Peace Officers of the Territorial Division within which the same is to be executed, or to such Constable and all other Con^itables within the Territorial Division within which tho Justice or Justices issuing such Warrant hath or have jurisdiction, or gen- erally to all Constables within such last mentioned Territorial Division ; and it shall state shortly the matter of the information or complaint on which it is founded, and i^^allname or otherwise describe the person against whom it has been issued, and it shall order the Constable or other Peace Officer to whom it is directed, to apprehend the said Defendant, and to bring him before one or more Justice or Justices of the Peace, as the case may require, of the same Territorial Division, to answer to the said informa- tion or complaint, and to be further dealt with according to law ; and ar al fo ex thi of as irty the nd JUSTICES or TUB PIJLOX 8U1IMABT 0OMTI0TION8, (O. W.) and that it shall not be necessary to make such Warrant return- able at any particular time, but the same may remain in full force until it shall he executed ; and such Warrant may be executed by apprehending the Defendant at any place within the Territorial Division within which the Justices issuing the same shall have jurisdiction, or, in case of fresh pursuit, at any place in the next adjoining Territorial Division, within seven miles of the border of such first mentioned Territor'^<- r>; vision without hr>-''ng8uch Warrant backed as hereinaftr .Air.nned; and in f' es in which such Warrant shall be ' ir. > ;? i,o all Const ice Officers within the Territorial division withm ustice or Justices issuing the same shall have jurisdici all be lawful for any Constable or Peace Officer 1( aci^ place within the limits of the jurisdiction for which such Justice or Justices shall have acted when he or they granted such Warrant, to execute such Warrant in like manner as if such Warrant were directed specially to 'such Constable by name, and notwithstandipg that the place in which such Warrant shall be executed, shall not be within the place for which he shall be such Constable or Peace Officer ; and if the )>erson against whom any such Warrant has been issued be not found within the jurisdiction of the Justice or Justices by whom it was issued, or if he shall escape, go into, reside or be, or be supposed or suspected to be in any place within this Province, whether in Upper or Lower Canada, out of the jurisdiction of the Justice or Justices issuing the Warrant, any Justice of the Peace within whose jurisdiction such person shall be or be suspected to be as aforesaid, upon proof alone upon oath of the hand-writing of the Justice or Justices issuing the Warrant, may make an endorsement upon it. signed with his name, au- thorizing the execution of the Warrant within his jurisdiction ; and such endorsement shall be a sufficient authority to the person bringing the Warrant, and to all other persons to whom it was originally directed, and to all Constables or other Peace Officers of the Territorial Division where the endorsement is made, to execute the same in any place within the jurisdiction of the Justice of the Peace endorsing; the same, and to carry the offen- der^ when apprehended, before the Justice or Justices who first issued the Warrant or some other Justice having the same juris- diction ; Provided always, that no objection shall be taken or allowed to any such Warrant to apprehend a Defendant, so issued upon any such information or complaint as aforesaid under or by virtue of this Act, for any alleged defect therein in substance or in form, or for any variance between it and the evidence adduced on the part of the informant or Complainant as hereinafter mentioned ; but if any such variance shall ap- pear to the Justice or Justices present and acting at such hearing, to be such that the party so apprehended under such Warrant 165 . hafl ^. IMAGE EVALUATION TEST TARGET (MT-3) A f/. 1.0 I4£|2j8 |2.5 ■10 U£ 1^ 12.2 i ■- IIIIIIb 1.1 ii£ |1.25 IMIJ^ Photographic Sciences Corporation 23 WEST MAIN STREET WEBSTER, N.Y. 14SS0 (716) 872-4503 V iV ^ ■sj <^ ^N ^ '% ^ s ^ ^ ^ ^:: :' IMQML lOBMI UTD LAIT lUJfVAL, I J ^' \m has been thereby deceived or misled, it shall be lawftil for such Justice or Jostices, upon such terms as he or they shall i^oidc fit, toac(joiim the hMring of ^ case to some future day, and in the meaatime to commit (D) the said Defendant to the Common Gaol or any other prison, Look-up Hoiise, or place of -aecurity, -within the Territorial Division or place within which !the sara Justice or Jui^ices may foe acthig, or to such other CTistody as the said Justice or Justices shall think fit, or to dis- tihar^ him upon his entering Uito a Reci^zance !(£) with >6r without Surety or Sureties, at the discretion of such Justice or Justices, conditioned for his amea^ruice at l^e time and phM^e to which siich hearing shall be so a^'ourned : ProVided always, that in all cases where a Defendant shall be discharged upon Recognizance as aforeisiad, and shall not afterwards apficiefar' at tiie tinke andplaee in subh Recognizance mentioned, tiben the said Justice, who shall have taken ^e saidRecc^izance, or way Jdstice or Jcestioes -who may then be there present, upon certify- ing (F) upon the back of the said -Recognizance the non-appear- •aace of 'the Defendant, may transmit such )Reeognizance to the Clerk of the Peace of the Territorial Division within whidi *8uch Recognizance shall havelSeen taken, to be proceeded upon in like manner as other Recognizances, and such Certifioate mall be deemed sufficient prim& Jack evidence of suc^h non-appeiir- /ande of the isaid Defendant. IV. And be it enacted. That in any informatidn or comiplaiAt or proceedings thereon, in whicti it sh^ be ilecessary to state "the ownership of any property belonging to or in the possession of partners, joint tenants, parceners or tenants in common, it shall be isufficient to name one of such persons, and to state the pro- petty to belong to the person so named and another or others, as the case may he ; and wheneveir in any information or cdmplaiht, or the proceedings thereon,'it shall be necesssiry to mention, fbr any purpose whatsoever, any pairtners, joint tenants, parceners or tenants in cbtnttion, itBhiulbe sufficient to desdribe them in the manner siforesaid ; and whenever in any suchii^ormatidn tir complaint, or the proceedings thereon, it shall be necessary to describe the ownership of any worker building made, maintained or repaired at the expense of any Territorial Division, or of any materials for the making, altering or repairing the same, they mav be therein described as the property of the inhabitants of 'such Territorial Division respectively. v.- And be it enacted. That every person who shall aid, abet, counsel or procure the commission of any offence which is or hereafter shall be punishable on Summary Conviction, shall be -liable to be proceeded against and convicted for the same, either together with the principal offender, or befbre or after his conviction, and shall be liable, on conviction, to the same 166 forfeitnro m dr to ned JTBTIOXS 07 TVM nUBB BUICXABT OOSWlCTIOirS, (O. W.) forfeiture aad panishmeat as sueh prineipal offender is or shall be by law liable, and may bo proceeded against and oonvjctfld either in the Territonal Division or place whore jnoh principal, offender may be connoted, or in uat in whioh mch ofienoe of aiding, abetting, .counselling or {Mroouring nmy have been eomonitted. YI. And be it enacted, That if it shall be made to appear to any Justice of the Peace, by the oath or affirmation of any cre- dible person, that any person within the jurisdictim of such Justice is likely to give material evidence on behalf of the Prosecutor cnr GS0ng|>lainant or Defendant, and will not voluntarily be and iip- pear as a witness at the time and plaee appointed for the hearing of such information or complaint, such Justice may, and is hereby required to issue his Summons (G 1,) to such person, under )u8 Hand and Seal, requiring him to be and appear at the time and place mentioned in such Summons, before the said Jus- tiice, or before such other Justice or Justices of the Peace for the pame Territorial Division as shall then be there, to testify what he shall know concerning the said information or complaint ; and if. any person so summoned shall neglect or refuse to appear at the time and place appointed by the said Summons, and no just excuse shall be offered for such neglect or refusal, then (after proof upon oath or affirmation of such Summons having oeen served upon such person, either personally or by leaving the same for him with some person at his last or most usual place of abode) it shall be lawful for the Justice or Justices before whom such person should have appeared, to issue a Warrant (6 2,) under his or their Hands and SeaJs, to bring and have such person at a time and place to be therein mentioned, before the Justice vfho issued the said Suomions, or before such other Justice or Justices of the Peace for the same TesTritorial Division as shall be then there, to testify as aforesaid, and which said Warrant may, if necessary, be backed as hereinbefore is mentioned, in order to its being executed out of the jurisdiction of the Justice who shall have issued the same ; or if such Justice shall be satisfied, by evidence upon oath or affirmation, that it is probable that such person will not attend to give evidence without being compelled so to do, then instead of issuing such Summons it shall be lawful for him to issue his Warrant (G 3,)in the first instance, and which, if necessary, may be backed as i^oresaid ; and if on the appear- ance of such person so summoned before the said last mentioned Justice or Justices, either in obedience to such Summons or upon being brought before him or them by virtue of the said Warrant, such person shall refuse to be examined upon oath or affirmation concerning the premises, or shall refuse to take such oath or ■affirmation, or having taken such oath or affirmation, shall refuse to answer such questions concerning the premises as shall then 167 be UOAL lOBMt AlTD LAW KAITIJAL. m m FJi be put to him, without offering any just excuse for such refusal, any Justice of the Peace then present, and havinc jurisdiction, may, by Warrant [G 4,] under his Hand and Seal, commit th« Bsrson so refusing to the Common Gaol for the Territorial ivision where such person refusing shall then be, there to re- main and be imprisoned for any time not exceeding ten Aayn, unless he shall, in the meantime, consent to be examined and to answer concerning the premises. YII. And be it enacted. That in all cases of complaint upon which a Justice or Justices of the Peace may make an Order for the payment of money or otherwise, such complaint shall be in writing, and on oath, unless it shall be enacted or provided to the contrary by some particular Act of Parliament upon which such complaint shall be framed. Vlll. And be it enacted. That in all cases of informations for any offences or acts punishable upon Summary Conviction, any variance between such information and the evidence adduced in support thereof as to the time at which such offence or act shall be alleged to have been committed, shall not be deemed material if it be proved that such information was in fact laid within the time limited by law for laying the same ; and any variance be- tween the said information and the evidence adduced in support thereof, as to the place in which the offence or act shall be alleged to have been committed, shall not be deemed material, provided the offence or act be proved to have been committed within the jurisdiction of the Justice or Justices by whom such information shall be heard and determined ; ?ind if any such variance, or any variance in any other respect betwe- uch information and the evidence adduced in support thereol. .11 appear to the Justice or Justices present and acting at the hearing, to be such that the party charged by such information has been thereby deceived or misled, it shall be lawful for such Justice or Justices, upon such terms as he or they shall think lit, to adjourn the hearing of the case to some future day» and in the meantime to commit (D) the said Defendant to tho Common Goal or other prison. Lock-up House or place of security, or to such other custody as the said Justice or Justices shall think fit, or to discharge him upon his entering into a Recognizance (E) with or without Surety or Sureties, at the discretion of such Justice or Justices, conditioned for his appearance at the time and place to which such hearing shall be so adjourned : Provided always, that in all cases where a Defendant shall be discharged upon Recognizance as aforesaid, and shall not afterwards appear at the time and place in such Recognizance mentioned, then the said Justice who shall have taken the said Recognizance, or any other Justice or Justices who may then be there present, upon certifying (F) upon the back of the said Recognizance the non-appearance of the Defendant, ma^ 168 ' transmit jgvioBB or *HB vBAOi sinafiBT ooimono5B, (o. ir.) transmit such Recognizance to the Clerk of the Peace oC th« Territorial Division within which such Recognizance shall have been taken, to be proceeded upon in like manner as other Recog* nizances, and such Certificate shall be deemed sufiicient primA facie evidence of such non-appearance of the said Defendant. IX. And be it declared and enacted, That every such conv- plaint upon which a Justice or Justices of the Peace is, or ar« or shall be authorized by law to make an Order, and that every information for any offence or act punishable upon Summary Conviction, (unless some particular Act of Parliament shall otherwise permit,) shall respectively be made or laid on oath or affirmation as to the truth thereof, and ip all cases of informa- tions where the Justice or Justices receiving the same shall there- upon issue his or their Warrant in the first instance, to apprehend the Defendant as aforesaid ; and in every case where the Justice or Justices shall issue his or their Warrant in the first instance, the matter of such information shall be substantiated by the oath or afiirmation of the informant, or by some witness or witnesses on his behalf before any such Warrant shall be issued, and every iuch complaint shall be for one matter of complaint only, and not for two or more matters of complaint, and every such infor- mation shall be for one offence only, and not for two or more offences, and every such complaint or information may be laid or made lyy the Complainant or Informant in person, or by his Counsel or Attorney, or other person authorized in that behalf. X. And be it enacted. That in all cases where no time is already or shall hereafter be specially limited for making any such com- f>laint or laying any snch informatian, in the Act or Acts of Par- iament relating to such particular case, such complaint shall be made, and such information shall be laid within six calendar months from the time when the matter of such complaint or information respectively arose. XI. And be it enacted, That every such complaint or informa- tion shall be heard, tried, determined and adjudged by one or two or more Justice or Justices of the Peace, as shall be directed by the Act or Acts of Parliament upon which such complaint or information shall be framed, or such other Act or Acts of Parlia- ment as there may be in that behalf; and if there be no such direction in any such Act of Parliament, then such complaint or information may be heard, tried, determined and adjudged by any one Justice for the Territorial Division, where the matter of such information or complaint shall have arisen ; and the room or place in which such Justice or Justices shall sit to hear and try any such complaint or information, shall be deemed an open and public Court to which the public generally may have access, so far as the same can conveniently contain them ; and the party 169 against ^*'' xaeix V0SM8 akd ulw xiueval. 'II against whom suoh complaint is made or information laid, shall be admitted to make his full answer and defence the :-eto and to have the witnesses examined and cross-examined by Counsel or Attor- ney on his behalf; aad every Com^ainant or Informant in any such case shall be at liberty to conduct tsuch complaint or infre or during such hearing of any such information or complaint, it shall be lawful for any one Justice or for the Justices present, in their discretion, to adjourn the hearing of the same to a certain time and place to be then appointed and stated in the presence and hearing of the party or parties, or of their respective Attorneys or Agents then present, and in the meantime the said Justice or Justices may suffer the Defendant to go at large. Or may commit (D) him to the Com- mon Gaol or other prison. Lock-up Qouse or other place of secu- rity within the Territorial Division for which such Justice or Justices shall then be acting, or to such other safe custody as the said Justice or Justices shall think fit, or may discharge such Defendant upon his Recognizance (E) with or without Sureties at the discretion of such Justice or Justices, conditioned for his 172 appearance pla( a(U( pen tive Jus for hear 111 jxrsnoiB Of trb fiaoi sinncABT ooimoTioirs, (o. w.) appearance at the time and place to which such hearing or fur- ther hearing shall be acjjoumed; and if, at the time or place to which such hearing or Airther hearing shall be so adjourned, either or both of the parties shall not appear personally or by his or their Counsel or Attorneys respec- tively, before the said Justice or Justices, or such other Justice or Justices as shall then be there, it shall be lawful for the Justice or Justices then there present to proceed to such hearing or further hearing as if such party or parties were pre- sent; or if the Prosecutor or Complamant do not appear, the said Justice or Justices may dismiss the said information or com- plaint with or without costs as to such Justices shall seem fit: Provided always, that in all cases when a Defendant shall be discharged upon his Recognizance as aforesaid, and shall not afterwards appear at the time and place mentioned in such Re- cognizance, then the said Justice or Justices who shall have taken the said Recognizance, or any other Justice or Justices who may then be there present, upon certifying (F) on the back of the Recognizance the non-appearance of such accused party, may transmit such Recognizance to the Clerk of the Peace for the Territorial Division in which such Recognizance shall have been taken, to be proceeded upon in like manner as other Recognizances, and such Certificate shall be deemed sufficient onmd facie evidence of such non-appearance of the said Defendant. XVI. And be it enacted, That in all cases of conviction where no particular form of such conviction is or shall be given by the Statute creating the offence or regulating the prosecution for the same, and in all cases of conviction upon S' Mtutes hitherto pass- ed, whether any particular form of convictio i have been therein given or not, it shall be lawful for the Justice or Justices who shall so convict, to draw up his or their conviction, on parch- ment or on paper, in such one of the forms of conviction (I 1, 3,) in the Schedule of this Act contained as shall be applicable to such case, or to the like effect ; and when an Order shall be made, and no particular form of Order shall be given by the Statute giving authority to make such Order, and in all cases of Orders to be made under the authority of any Statutes hitherto passed, whether any particular form of Order shall therein be given or n[ot, it shall be lawful for the Justice or Justices by whom such Order is to be made, to draw up the same in such one of the forms of Orders (K 1, 3,) in the Sche- dule to this Act contained, as may be applicable to such case^ or to the like effect ; and in all cases when by an Act of Par- liament authority is given to commit a person to prison, or to levy any sum upon his goods or chattels by distress, for not obey- ing any Order of a Justice or Justice^ the Defendant shall be 173 served SMAIi fOUCl Airs ZJLW' MAITVAI.. nrved with a copy of the Minatc of sooh Order before any Warrant of Commitment or of Diitrees shall issue in that be- half, and such Order or Minute shall not form any part of such Warrant of Commitment or Distress. XVII. And be it enacted, That in all cases of Summary Con< yiction or of Orders made by a Justice or Justices of the Peace, it shall be lawful for the Justice or Justices making the same, in his or their discretion, to award and order in and by such Con- viction or Order that the Defendant shall pay to the Prosecutor or Complainant respectively such costs as to the said Justice or Justices shall seem reasonable in that behalf, and not inconsis- tent with the Fees established bv law to be taken on proceedings had by and before Justices of the Peace under the Act passM in the Session held in the fourteenth and fifteenth vears of Her Miyestv's Reign, and intituled, An Act to ettablUh an uniform rcUe of Fees to be received by Jtutices of the Peace in Upper Canada, and to repeal the Act of UpP^ Canada, passed in th§ fourth year of the Reign of King WiUiam the Fourth, chapter seventeen, or with the provisions of any other Act or Law in force in Upper Canada regulating fees or costs in proceedings before Justices of the Peace ; and in cases where such Justice or Justices, instead of convicting or making an Order as afore- said, shall dismiss the information or complaint, it shall be lawful for him or them in his or their discretion in and bv his or their Order of Dismissal, to award and order that the Prosecutor or Complainant, respectively, shall pay to the Defendant such costs aa to the said Justice or Justices shall seem reasonable and according to law as aforesaid ; and the sums so allowed for costs shall in all cases be specified in such Conviction or Order or Older of Dismissal as aforesaid, and the same shall be recover- able in the same manner and under the same Warrants as any penalty or sum of money ac^udg^ ^ ^ P^ ^ ^^^ ^7 <3uch Conviction or Order is to be reooverabls, and in cases where tfa^re is no such penalty or sums of money to be thereby recov- ered, then such costs shaiH be recoveraUe by distress and sale of t^ goods and chattels of the party, and in default of such distress, by' imprisonment, with or without hard labor, for any time not exceeding one calendar month, unless such costs shall he sooner paid. XVIII. And be it enacted, That 'vriierei a conviction adjudges a pecuniary penalty or com[|ensatic«i to be paid, or where an Oraer requires th^ payment of a sum of money, an4 by the Statute authorizing such Conviction or Order, such penalty, compensation or sum of money is to be levied upon the coods and'cfaattelb of the DefendiEint,j>y di$tress and sale thereof, and alilo in cases where, by the Statute in that behalf, no mode of raising or levying such penalty, compensation o; sum of money, 174 or or it nu for sue the tres the J17ITI01I ov Tsa nioi fvincABT ooimonoHB, (o. w.) aoy Ishali Wty, loOOB land |e of jney, or or of enforcing tht payment of the same, is etated or provided, it shall be lawful for the Juatioe or any one of the Justices making such Conviction or Order, or for any Justice of the Peace for the same Territorial Division, to issue his Warrant of Dis- tress (N 1,2,) for the purpose of levying the same which said Warrant of Distress shall be in writing, under the Hand and Seal of the Justice making the same ; and if, after delivery of such Warrant of Distress to the Constable or Constables to whom the same shall have been directed to be executed, sufficient dia* tress shall not be found within the limits of the jurisdiction of the Justice granting such Warrant, then upon proof alone being made upon oath of the hand'-writing of the Justice granting such Warrant, before any Justice of any other Territorial Divis- ion, such Justice of such other Territorial Division shall there- upon make an endorsement (N 8^ on such Warrant, signed with his Hand, authorizing the execution of such Warrant within the limits of his jurisdicticm, by virtue of which said Warrant and endorsement the penalty or sum aforesaid and costs, or so much thereof as may not have been bef^nre levied or paid, shall and may be levied by the person bringing such Warrant, or by the person or persons to wnom such Warrant was originally direct- ed, or by any Constable or other Peace Officer of such last mMitioned Territorial Division, by distress and sale of the goods and chattels of the Defendant in such other Territorial Division : Provided alwaya that whenever it shall ap^ar to any Justice of the Peace to whom application shall be made for any such Warrant of Distress as aforesaid, that the issuing thereof woidd be ruinous to the Defendant and his family, or whenever it shall appear to the said JusUoei, by the confession of the Defen- dant or otherwise, that he hath no goods and chattels whereon to levy such distress, then and in every sueh oase it shall be lawful for such Justnce, if he shall deem it fit, instead of issuing such Warran; Df Distress, to eoramit such D^endant or other person to the Common Gaol, or Lock-up House within the Ter- ritori^ Division within which such Justiee or Justices shall then be acting, there to be imprisoned with or without hard labor, for such time and in such manner e.» by law such Defendant might be so committed, in oase such Warrant of Distress had issued and ne goods or chattels had been found whereon to levy sueh penalty or sum and costs aforesaid. XIX. And be it enacted, That in all cases where a Justice of the Peace shall issue any such Warrant of Distress^ it shall be lawful for him to suffer the Defendant to go at lairge^ or verbally or by a written Waxraot in that behalf, to order the Defendant to bekqit and detained in. safe eustody, until Return shall be made to such Warrant of I)iatre8s,ualesa such Defendant shaJU give sufficient secuRty,,by Reoogaisance or otherwise, to the 175 satisfaction I iiMi UOAL rOBMI Airs LAW MAJTVAL. Mtiifaotion of such Justice, for hit appearance before him at the time and place appointed for the Return of luch Warrant of Diktrew, or before such other Justice or Justices for the same Territorial Division as may then be there : Provided always, that in all cases where a Defendant shall give security by Re- cognizance as aforesaid, and shall not afterwards appear at the time and place in the said Recognizance mentioned, then the said Justice wno shall have taken the said Recognizance, or any Jus- tice or Justices who mav then be there present, upon certifying }F) on the back of the Recoffnizance the non-appearance ot the )efendant, may transmit such Recognizance to the Clerk of the Peace for the Territorial Division within which the offence shall be laid to have been committed, to be proceeded upon in like manner as other Recognizances, and such Certificate shall be deemed sufficient primA facie evidence of such non-appearance of the said Defendant. XX. And be it enacted. That if at the time and place appoint- ed fur the Return of any such Warrant of Distress, the Consta- ble, who shall have had execution of the same, shall return (N 4) that he could find no goods or chattels or no sufficient goods or chattels whereon he could levy the sum or sums therein men- tioned, together with the costs of, or occasioned by, the levy of the same, it shall be lawful for the Justice of the Peace before whom the same shall be returned, to issue his Warrant of Com- mitment (N 5,) under his hand and Seal, directed to the same or any other Constable, reciting the Conviction or Order shortly, the issuing of the Warrant of Distress and the Return thereto, and requiring such Constable to convey such Defendant or other person to the Gaol or Lock-up House within the Territorial Di. vision for which such Justice shall then be acting, and there to deliver him to the Keeper thereof, and requiring such Keeper to receive the Defendant into such Gaol or Lock-up House, and there to imprison him, or to imprison him and keep him to hard labor, in such manner and for such time as shall have been di- rected and appointed by the Statute on which the Conviction or Order mentioned in such Warrant of Distress was founded, unless the sum or sums acljudged to be paid, and all costs and chaises of the distress, and also the costs and charges of the commitment and conveying of the Defendant to prison, if such Justice shall think fit so to order (the amount thereof being ascer- tained and mentioned in such commitment) shall be sooner paid. XXI. And be it enacted. That where a Justice or Justices of the Peace shall, upon such information or complaint as aforesaid, adjudge the Defendant to be imprisoned, and such Defendant shall then be inprison undergoing imprisonment upon conviction for any other ofience, the Warrant of Conviction for such subse- quent offence shall, in every case, be forthwith delivered to the 176 Gaoler ''I jvtTioit or HtM tkkOt itldast ooimoHoirs, (o. w.) dtMer or oth«f (Mlto^ to whom tlto iame ihall be direttod, and it ihall be ItWfUl fbi* the Juftice or Juti'^ laming the tame, if he or tliey ihall thinlc fit^ to award and order therein and thereby, that the imprisonment for accli lubtequent onenoe ahall com- menoe at the exfiira;tioa of the impriaonment to whieh auoh De- fendant ihall have been previously a4iudged or sentenced. XXll And be itMli{o(«d, Thiit wh«n atiy ItiibrmMlofo or com- f^lkint shall b6 dismtaMd with ooilti as aforesaid, the sttm whith shall be awarded fbt cofKs ita the Order fbt Dtsihissal, may btf levied by dkatm (Q l.> oh the i^i Md ohitteU of the Prose- outer or Oottkplalttatlt in the manner aforesaid ; and in default of diitk^esAor piiyMenll sikol^ Prbseeutor or GOtapIalAant ihay be coiiinkitted ((!i%) to the Gotmnon Gaol or other Prison or Look- u)p House in manner afbresaid, for any time not estoeeding one eelendar nkonth, ttdleM sileh stxni, and all oOlts and charges of the distress, and of the commitment and conveying of such Pro- secutor or Complainant to Prison (the amount thereof being ascertained and stated in such commitment,) shUl be sooner paid. XXIII. And be it enacted. That after an appeal against any such Conviction or Order as aforesaid shall be decided, if the same shall be deOided in fttvor of the Respondent, the Justice or Justices who made such Conviction or Order, or any other Jus- tice of the Peace for the same Territorial Division, may issue such Warrant of Disti^ss or Commitment as aforesaid for eteou- tion of the same^ as if no suoh appeal had been brought, and if upon any such appeal to the Court of Greneral or Quarter Ses- sions shall order either party to pay costs, such Order shall direct sutih costs to be paid to the Clerk of the Peace of such Court, to be by himpaia over to the party entitled to the same, and shall state within wkM time siich costs shall be paid ; and if the same shall net be paid within the time so limited, and the party ordered te paty the saiaie shall not be bound by any Recognizance cenditioned to pay sudh costs^ such Clerk of the Peace oh appli- Oition of the party entitled to such costs or of any person on nis behalf^attd oa payment of a Fee of One ShilUhg, snail grant to the party so applying a Certificate [R] that such costs have not been pand, and upon production of such Certificate to any Just- ice or Justices of the Peace for the same Territorial Division, it shall be lawfiil for tiim; or them to enforce the payment of such costs by Warrant of Distress [S 1,] in manner aforesaid, and in deifault of distress he or they inay commit [S. 2 J the party hjBpunst whom such Warrant snaU nave issued, in manner ne^e- inbefore mentioned^ for any time not exceeding two calendar months^ mless the amount of such costs ahd all costs and charges ■ of the (Ustran^ and als6 the cost» of^ ti^e commitment and coH- veiiin of the said party to p^rlson, if such Justice or Justices 177 8haU( % IIOAL VOBMl una ItkW UAJKVAL. ■hall think fit so to order, [the amount thereof bein^ ascertained and stated in sach commitment,] shall be sooner paid. XXIV. And be it enacted, That in all cases where a Warraitl of Distress shall issue as aforesaid against any person, and sach person shall pay or tender to the Constable having the execution of the same, the sum or sums in such Warrant mentioned, together with the amount of expenses of such Distress up to the time of such payment or tender, such Constable shall cease to execute the same ; and in all cases in which any person shall be imprisoned as aforesaid for non-parent of any penalty or other sum, he may pay or cause to be paid to the Keeper of the Prison in which he wall be so imprisoned, the sum in the Warrant of Commitment mentioned, together with the amount of the costs, charges and expenses (if any) therein also mentioned, and the said Xeeper shall receive the same, and shall thereupon discharge such persoKi if he be in his custody for no other matter. XXV. And be it enacted. That in all cases of Summary pro> ceedings before a Justice or Justices of the Peace out of Sessions, upon any information or complaint as aforesaid, it shall be lawful for one Justice to receive such information or complaint, and to grant a Summons or Warrant thereon, and to issue nis Sunmions or Warrant to compel the attendance of any witnesses, and to do all other acts and matters which may be necessary, preliminary to the hearing, even in cases where by the Statute in that behalf such information and complaint must be heard and determined by two or more Justices, and after the case shall have been so heard and determined, one Justice may issue all Warrants of Distress or Commitment thereon ; and it shall not be necessary that the Justice who so acts before or after such hearing, shall be the Justice or one of the Justices by whom the said case i^all be heard and determined: Provided always, that in all cases where by Statute it is or shall be required that any such infor- mation or complaint shall be heard and determined by two or more Justices, or that a Conviction or Order shall be made by two or more Justices, su6h Justices must be inesent and acting together during the whole of the hearing and determination of the case. XXVI. And whereas doubts may exist whether under the provisions of the Act passed in the Session of Parliament J^eld in the thirteenth and fourteenth years of Her Majesty's Reign, chaptered fifty-four, and intituled. An Act to extend tne rights of Appeals in certain cases in Upper Canada^ Appals will lie from conviction and decisions under By-laws of Municipal Councils; Be it therefore enacted, That in all cases of complaints against any person for committing any ofifence against any By-law of any Municipal Corporation in Upper Canada, all decbions, con- 178j viotioDS V r 1* J JU8TI018 OV TEE VMAXfE VUiDUMt OOSTSffnOTn, (o. ▼.) stii Ion 1 tht sld IB leign, htsqf from loils; bainst (w of con* btiou victions and orders made by any Jostice of the Peace, or by any person by law authorized to act in that capacity, shall be subject to an Appeal in the manner and subject to the provisions pre- scriLed in the above recited Act XXVn. And be it enacted, That the several forms in the Schedule to this Act contained, or forms to the like effect, shall be deemed goodj valid and sufficient in law. XXVIIL And be it enacted, That any one Inspector and Super- intendent of Police, Police Magistrate, or Stipendiary Magistrate, appionted or to be appointed for any City, Borough, Town, Terri- torial Division or Place, arid sitting at a Police Court or other place appointed in that behalf, shall have full power to do alone whatever is authorized by this Act to be done by two or more Justices of the Peace ; and that the several forms hereinafter mentioned may be varied so far as it may be necessary to render them applicable to the Police Courts aforesaid, or to the Court or other place of sitting of such Stipendiary Magistrate. XXIX. And be it enacted. That any Inspector and Superin- tendent of Police, Police Magistrate or Stipendiary Magistrate as i^oresaid, sitting as aforesaid at any Police Court or other place appointed in that behalf, shall have such and like powers and authority to preserve order in the said Court during the holding thereof, and by the like ways and means as now by jaw are or may be exercised and used in like cases and for the like purposes by any Courts of Law in this Pravince, or by the Judges thereof respectively, during the sittings thereof. ^^^ XXX. And be it enacted. That the said Inspectors and Superin- tendents of Police, Police Magistrates or Stipendiary Magistrates, in all cases where any resistance shall be offered to the execution of any Summons, Warrant of Execution oi^ other Process issued by them, shall be hereby empowered to enforce the due execution of the same by the means provided by the laws of Upper Canada for enforcing the execution of the Process of other Courts in like cases. XXXI. And be it enacted, That from and after the day on which this Act shall commence and take effect, all other Acts or parts of Acts contrary to or inconsistent with the provisions of this Act, shall be and the same are hereby repealed. XXXII. And be it enacted, that the word ** County" where- ever it occurs in this Act, shall include any Union of Counties for judicial purposes, and die words ** Territorial Division** "^'^^^ include any Union of two or more territorial divisions. shall Ml XXXIH. And be it enacted. That this Act shall apply dnly to ypper Canada, except in so far as any provision thereof is ex- 179 pressly piMBlyt oitoBflM lo L»wor Qkaaim,, or tvianx sot totlw dono X2XIT. And be it ienactod, tbat wUenerier the Word '"Prison" ocean in this Act, it sliall be held to mean any jd^ce whete par- tifif obanakt^witi^ offenMS ag^jpist^ the law> avotnnudly kepl^ and dbsUin^ilivOiwtodj^ XXXY. And be it enaetod; iPhat tMs^ Aot shall eommenco auad. baye. fozce and eiQeot u|>on,| from, ^xui a^ the fii# dav of Jti^ Q)gi9,t2»QQ8a«d eigfiu hnodrM 9f» fifty-tkree^aod. not, heuve* aCHBDULES. (A.—- Sfes SlMion /.)' SUMMONS: TO Tm&OnrSHDAST upon AN INFOHMATiON OB CQUetAIST^ VBomj^m Of QA3ll^^A, {Qountf/ior UnUtii CwnHef,. or 08 the cote may be) of ToA. B. of . {laborer): WnaiBAs InibRBstibn hath this day been Isid (Or oeraplmnt hatii this day been made) before the midersigned, (one) of Her Miges^s Justices of the Feaee in and' fbr the said (Gountif or VtnmGoufiHet, 0% Ihwn, ^., as Ike ease may be) of , i»ilMtjwi (here stale ehortly the matter of the ivf0rmation or c&mplaHU)i These are therefore to command you mHterM^jes-' ty's name* to be^ and appear on at o^bloek in- the forenoon^ at , before me or such J^tices of the F^ace fbr the said {County or Unii^ GouiUieSt or ae^e case may he) as may tbsa be thereb to. answer to the sa&d.infoKmatioB (or cum- jiiauit and to be fbrthes dealt with, according to law. , Giyen: under {my) Haodiand Seal, this day of, in the; year of our tord » at; .in, the {Gountyr or as the c99i^nuiiybe) alCoKlwii, J.S.ti^s&] (B.—See Section II.) WIUUaM!rrWaBM/«HBiSUMBIOII»'niOI£N>raTMai.' FkoYiKtm «r Canada, {Vmtty itrUnilbdCfinmtiiei or as the case may be} oS^ , TAaUor anyof the Gonstablea ov other. Beaoe >0(Bcef» in the (CfotNme or IMed[ Cpiqi was; laid {or complaint was mode) befiuia , (oi^e)^ (Of. HeirM«)Ma^'s Justices of the Peace in and for the said {County or Untted eemiilie9fim'€^ikecaiemaybe}oS^ , fik^lblit Ai & f^. 99 in Ihv BkmmmMijfi Aa!k^v<4i»Tmka-il)^ ihtht^ oEtm 180 Peace J 8{ oral Ik] 15'^ ■ the JXTBTIOBB 07 VBi iBAOi Bxnouait OOWKflCXOirS, (o. w.) : ace then laiiie4'{M|^ Shiintneu onto tke siid A, .B. command- icig liim in her M^est/s name, to be and i^ppear on » at 6'clock in me forenoon* at ,Defore'[iii«] or sdbh Justices of the Peace as mijg^ht then t>e there, to answer unto the said information [or complaint,] and toljefMier dedt ^th ac- cording to law; And whereas the iM A. B. iKitth ntt^le^ed td be and appear at the time and place so appoii^ed hi And by th^ laid tStmrnioiB, although It \mL now been preyed to We upoti oalOi that the saidiSummcwBhttth been My served upon the Mkid A. B.: These are thewi b re to eonmiHiid yM, in bet MajMt^'s ■amc^ Ibrthwijai to aippnehend the said A. B. and to bnag Ibm bafove ^mel or some one or more of Her Mi^estijr*8 Justices of the Peace m and lor Hhe said FCfotmty or UniUd OdntUiMt df4ik ike eau fiMHf m to answer to the sud infonaatida [or oomphua^ and to be inrtbier deilt !«^th aoeording t6 law. Given under my Hand and Seal, this ^T<^ » in the ytmr of our Lord at , In the [tloiitUif, vt tt« M^coiB iMyfr^l aKDvesatd. ia-^JSee Section M] trAsaANt m 1WB nsst niBt Asctt. J^ioviNOB or Oaiuda, [Coimkf t>^ Vnited Counties, or a$ Me cote may he} of To ail or any of the ConstaUes or other Ptace Officers ia the said (CWnly or United €Unintie$, r some one or more of Her Majesty's Ju$tioes of Ihe Peace m and for the said (County or United Courdies, or as the case may be) to answer to l^e said in- formation, and to be flirther deidt with according to law. Given under my Hand and Seal, this day of '» in the year of our Lord , at » in the (County, or as the ceue may be) aforesaid. J. S. \im s.] ■,'1 " "'it ■■'f'J j^'' 181 m * i; ■5 or as the case may he) oi ) To all and any of the Constables or Peace Officers in the ( County or United Counties^ or as the case may he) of , and to the Keeper of the {Commim Gaol or Lock-up House) at Whbhbas On last past, information was laid (or complaint made) before , (one) of Her Majesty's Justices of the reace in and for the said (County or United Counties, or as the case may he) of , for that (4^., eu in the Summons) ; And whereas the hearing of the same is a4Joumed to the day of (instant) at o'clock in the [/ore]noon, at , and it is necessanr that the said A. B. should in the meantime be kept in saie custody : These are therefore to command you, or any ono of the said Constables or Peace Officers, in Her Mi^e'^y's name, forth- with to convey the said A. B. to the [Common Gaol or Lock-up House,'\ at , and there deliver him into the custody of the Keeper thereof, together with this precept : And I hereby require you, the said Keeper, to receive the said A. B. into your custody in the said [Commcm, Gaol or Lock-up H(mse] and there safely keep him until the day of , [instant^ when you are hereby required to convey and have him, the said A. B., at the time and place to which the said hearing is so ad- journed as aforesaid, before such Justices of the Peace for the said [County or United Counties, as the ease may he"] as may then be there, to answer further to the said information [or complaint,] and to be further dealt with according to law. Given under my Hand and Seal, this day of in the year of our Lord , at , in the [County, or as the case may he] aforesaid. J. S. [li. s.] (E.— Sfee Sections III, VIII, XII 4- XF.) reooonizanob rob thb appbarangb of thb defbnoant whbn thb cabb is adjourned, or not at oncb frooeeobd wfih. Province of Canada. [County or United Counties, as the cast may he"] of Be it ebmembered. That on , A. B. of [fafeorer,] and L. M. of , [grocer^ and 0. P. of ryeomanTl personally came and appeared oefore the undersigned, \n the said E. F. ; and whereas the said E. F. hath neglected to appear at the time and place appointed by the said Summons, and no just excuse hath been ottered for such neglect ; These are therefore to command you to take the said E. F., and bripg him and have him on , at o'clock in the noon, at , before me or such Justice or Justices of the Peace for the said {County or UnUed Countiett or aa the case may be,) as may then be there to testify what he shall know fionoarning the said information {or pompdaint.) Given under my Hand and Seal, this day of > in the year of our Lwd , at in the {County ^ or as the case may he) aforesaid. J. S. [l. s.] the (G a.— See Section VI) WAmUIfT FC« A WITIf 888 III THE FUST Uf STAtfCI. Ppovinob or Cmiaoa, County or United CountioSf \or as the case may fte] of To all or any of the Constables, or other Peace Officers in the said ( County or United Counties^ or as the ease maybe) of : WaEREAs Informt^tion w^s laid {or complaint was made) before the undersigned (one) of Her Mi^esty's Justices of the iPeace in and for the siaid {Q>unty or United CountieSf or as the case may be) of , for that (4^., as in the Swnrm/Hit,) and it being made ^o appear before me upon oath, that £. F., of {laborer^ is likely to give material evidence on behalf of the (prosecutor) m this matter, and it is probable that the said E. F., will not attend to give evidence witnout being compelled 90 to do ; T^ese are therefore to command you to bnng and have the said E. F. before me, on , at o'clock in the (fore) noon, at , or before me or such other Juistice or Justices of the Peace for the said ( County or United Counties^ or as the case may be) as may then be tbere> to testify what he shall know concerning the matter of the said information {or complaint.) Given under my Hand and Seal* this in the year of our Lord, , at as the case may be'\ aforesaid. day of , , in the ^County or I IV J. S. [h. 8.] }85 [6-4] UOAL VOBMB AXU LAW ICAKVAJj. (G 4.— See Section VI) COMMITMBMT OF A WITNESS FOR REFUSUfO TO BE SWORN OB OIVB EVIDENCB. Provinob or Canada, {CouiUy or United Countiet, eras the ctue may he) of To all or any of the Constables, or other Peace Officers in the said {County or United Counties, or as the case may be) of and to the Keeper of the Common Gaol of the said {County or United Counties, as the case may be) at Whereas Information was laid (or complaint was made) before (me) {one) of Her Mi^CBty I PI " ' ii^iPB»iiii»iw Ill ■■ m i ■ Piwii ■■■■■I I ■ 111. ■■ ■!■■ I I * Or^ when the issuing of a Distress Warrant would be ruin- ous to the Defendant or his family, or it appeare that he has no goods whereon to levy a distress, then, instead of the words between the asterisks * * say, ** then inasmuch as it hath now been made to appear to me fthat the issuing of a Warrant o( Distress in this behalf would be ruinous to the said A. B. or his family," or, ** that the said A. B. hath no goods or chattels whereon to levy the said sums by distress),'* I a4judge, &c., {as above, to the end)* 188 unless jTJBTioxB or ran fuloi iTnaiABT covnovroirB, (o. w.) unless the said saiM and the costs and charoes of conveying the said A. B. to the said Common Gaol, shall be sooner paid. Given under my Hand and Seal, the day and year first above mentioned, at in the [County, or at the case may be] aforesaid. J. a (L.e^) (I 9.— See Sdctionn XUl A XVl) GOlf^IOTIOir WJIBN THE PUNISHMENT IB BY IMPRISOMiBMT, dcC. J •PsoviircB or Canaoa» \ ^jQimnty or Untied Couniiee, > or as the case may &•] of ) ^ Bb it REMBiifBKBED^ That OB the day of , in tlie year of our Lord , in the said ICounty or United Cottnties, or as the case may be"] A. B. is convicted before the undersigned [o^l of Her Majesty's Justice* of the Peace in satA for the said [County or United Countiest or as the cas6 may * '^forHhat he the said A. B. [4<>> stating the cffence and the and place when and where it was committed] \ and 1 at at hard labor'] for the space of ; and I also acljndge the 89id A. B. to pay to the said C. D. the sum of for His costs in this behalf, and if the said sum for costs be notlpaid fi^hwith, [or on or before next, theil *" l order that the said sum be levied by distress and sale of the goods and chattels of the said A. B. ; and in default of sufficient distress in that behalf, * I ac(judge the said A. B. to be imprisoned in the said Common Gaol, [and there to be kept at hard labor] for the space of , to eommeaee at and from the term of his imprisonnwnt aforesaid, unless the said sum fcM* costs shall be sooner paid* ^ven under my Hand and Seal, the day and year first above meq^oaed at in the [County or United Ck>untie», or as the use may be] aforesaid. u J. S. [l. s.] * OVf when the issuing qf a jJistress Warrant would be ruinous to the Ditfendant or htsfamiUfyOr it appears that he has no goods tokereon to levy a ^stress, thm^ instead of the words leUioeen the asterisks * *) f^,, " inaamuch as it hath now been, made to appear- to me (that' the iBsmni; of a "Warrant ot Distress in this behan would be ruiaous' to this said A. B. and his fiumly," or, "that the said A.B. hatb so goods or' ehattete whereon tc levy the said sum ftxt eoBtt> by distress)" I adjudge* &c> if<*;c^,,7»:sjj>»,>tiv?3 1 i 189 ii [Kl.] '"wi I' i IIOAL rOBMI Airs LAW UAKVAL, (K h—See SecWont XIII 4> XVI) OIDII rot PATMIMT Of MONIT TO BB LIVIID DT DUTBCSii, AND Iir DIPAULT OP DUTRKU, IMPKUOlTMRN't. Piovnroi OP Canada, ICounty or United Countie$, or cu the case may be] of Bb it REMBMBBtiD, That Oil compIaint was made before the underaiffned, [one] of Her Mqjesty^s Justices of the Peace in and for the said lOounty or United Countiet^ or at ih* case may be] of for that [stating the facts entitling; tU Compiatnant to the ordeff toith the ttme and place when and w/ure they occurred,] and now at this day, to wit» on at , the parties aforesaid appear befi)re mr- «he said Justice, [or the said C. D. appears before me the tmin Justice, but the said A. B. although duly called doth iiut appear by him- self, his Counsel or Attorney, and it is now natisfactorily proved to me on oath that the said A. B. has been duly served with the Summons in this behalf, which required him to be and appear here on this day before me or such Justice or Justices of the Peace for this said [County or United Counties, or aa the can may be] as should now be here, to answer the said complaint, and to be further dealt with according to law] ; and now having heard the matter of the said complaint, I do ac^udge the said A. B. [to pay to the said C. D. the sum of forthwith. or on or before next, [or as the Statute may require,] and also to pay to the said C. D. the sum of for his costs in this behalf; and if the said several sums be not paid forthwith, [or on or before next then ** I hereby order that the same be levied by distress, and sale of the goods and chattels of the said A. B. [and in default of sufficient distress in that behalf * I adjudge the said A B. to be imprisoned in the Common Gaol of the said [County or United Counties, or astlu case may be] at in the said Covviy of , [and there kept at hard labor] for the spao^ ot unless the said several sums and all costs - ! 'la: ^,us of the said dis* tress {and of the commitment and conveying of the said A. B. to the said Common Gaol,] shall be sooner paid. * Or, when the issuing of a Distress Warrant would be ruinous to the Defendant or his family, or it appears that he has no goods wK^reoA 'O h-yy a distress, then^ instead of the words between the mierisks " ", say, " inasmuch as it hath now been made to appear to me [that the issuing of a Warrant of Distress in this behalf would be ruinous to the said A. B. and his family," or "that the said A. B. hath no goods or chattels whereon to levy the said sums by distress,"] I adjudge, &c. 190 mi Given fit JUITIOEI OV TBI niOB lUMlUmT OOVTIOTXOirfy (o. w.) day of Given under my Hand and Seal, this In the year of i-"" Lord, at [County or as the cm *nay he\ aforesaid. in the J. S. fu s.] [K a.— &e Seel n« XIU 4- XF/.] lunlesi id dis* B. to said iiven OBDBR VOS FATMBNT Of MONIT. AlfD IN DIIAUL* Of PATMIMT, imprison mbnt. Frovimob op Cahada, [Cminty or United Counties, or as the case may be"] of Bb rr RBMBMBBRED, That on complaint was made before the undersigned, [one] of Her Mf^jesty's J'lstices of the Pence in and for the said [County or United Counties or as the case may he] of , for that [^. stating ke fstcts entitling the Complainant to the order, with the time and place when and where they occurred^] and now at this day, to wit, vn ^ at , the parties aforesaid appear before me the said Justice, [or the said C. D. appears befoh me the said Jus- tice, but the said A. B. although duly called d< th not appear by himself, his Counsel or Attorney, and it is uow satis&ctorily proved to me on oath that the said A. B. has been duly served with the Summons in this behalf, requiring him to be and appear here on this day before me or such Justices of the Peace for the ■lid [County or United Counties or as the case mo'f be"] as should now be here, to answer the said complaint, and be further dealt with according to law ;] and now having heard the matter of the said complaint, I do adjudge the said A. B. [to pay to the said G. D. the sum of forthwith, or on or before next, {or as the Statute may require), and also to pay to the said C. D. the sum of for his costs in this behalf; and if the said several sums be not paid forthwith, (or on or before next,) then I ac^udge the said A. B. to be imprisoned in the Common Gaol of the said [County or United Counties, or as the case may be] at in the said County of [there to be kept at hard labor for the space of , unless the said several sums [and costs and charges of commitment and aemmying the said A, B, to the said Common Oaol] shall be sooner paid. Given under my Hand and Seal, this in the year t^ our Lord , at as the case may be] aforosaid« day of , t in the [County, or .?H€«»'iO*i m 191 J. S. [l. b.] (Iv.— 3.) fiiSAf. fQJtm AVD £if# Iti^ticL. LNADA, ^ Counties, > f fre, of ) [K 8.— iSte SetUons XllJt &, XVl] OHOlSA FOK ANTOTHBS HATTEB WHBBB TdB DfSOBBTINa 0¥ IT IS PUNISHABtE \irttH IMP&I80NM£K¥. Province oV Canada, [County or United < or a« Me c€ue may Be it BEMEMBiEKtin, That on cdTnplaini was made before the underBigned, [one] of Her Migidiily a Justices of th6 Peace in and for the said [County or United Counties, or as the case may be^] of , for that [stating the fdcti( eUttfHttg the Complainant to the order, with the time attd plate ttlhet*e alidwheh they occured,"] and now at this day, tb wit, ott at , the parties aforesaid appear before me the said Justice, (or Uie said C. D. appears beftoei me the said Justice but the said A. B. although dttly called dbthilot appeuf by him<' self, his Counsel or Attorney, and it is now satisfactorily proved to me upon oath that the said A. B. has- been dtily served with^ the Summons in this behalf^ which required him tb be and ap- pear here this day before me or such Justice or Justices of the Peace for the said [County or United Counties^ or tti the case fnay hei\ as should now oe here, to answer to the »aid complaint, and to be further dealt with according to law,] and now havins heard the matter of the said complaint, I do therefore ac[judge uie said A. B. to (Aere state the matter require to he dbn^) and if upon a copy of the Minute of this Order being served upon the said A. B. either personally or by leaving the same for him at his last or most usual place of abode, he shall neglect or refuse to obey the same, in that case I acOudge the said A^ B. for such his disobe- dience to be imprisoned in the Common Gaol of the said [County or United Countie«, or as the case may be,"] at in the said County of {there io he hmt at hn^ labor) for the space of (unless the said order be sooner obeyed, (^ the Statute authorize this) ; and I do also adjudge the said A. B. to pay to the said C. D. the sum of for bis costs in this behalf, and if the said sum fbr costs be not paid forthwith, (or on or before next,) I order the sane to be levied c^ distress and sale of the goods and chaUels of the said A. B. any in default of sufficient distte^s in that behalfrl adjudge the said A. B. to be imprisoned in the said Cbmdioii Gaol, {there to be kept at hard labor) for the space of to commence at and from the termination oi his imprisonment aforesaid^, unless tilie said sum for costs shall be sooner paid* Given under my Hand and Seal, thk day of , in the year of our Lord , at » in the {County ^ or as the case may &e) aforesaid. J. S. [L.S.] 192 (L) JV8TI0I8 or THB FIAOB BUlfXABT COimOTIOirS, (O. W.) fedAif A.B. in this |th, (or riedby [B. any le said toht Imenoe 1 unless day of .8.] (L) [L,See Section XIII} obdbb of dismissal of an information ok complaint. Province op Canada, {County or United Counties, or as the case may be) of Be it rbmembered. That on information was laid (or complaint was made) before the undersigned, (one) of Her Majesty's Justices of the Peace in and for the said (County or United Counties, or as the case may be) of , for that (4*0., as in the Summons to the Defendant,) and now at this day, to wit, on , at , both the said parties apper before me in order that I should hear and determine the said in- formation (or complaint,) or the said A. B. appeareth before me, but the said G. D. although duly called doth not appear,] where- upon the matter of the said information [or complaint] being by me duly considered [it manifestly appears to me that the said in- formation (or complaint) is not proved,** and,] I do therefore dis- miss the same, [and do acljudge that the said G. D. do pay to the said A. B. the sum of for his costs incurred by him in his defence in this behalf: and if the said sum for costs be not paid forthwith, (or on or before ,] I order th *X the same be levied by distress and sale of the goods and chattels of the said C. D., and in default or sufficient distress in that behalf I adjudge the said G. D. to be imprisoned in the Common Gaol of the said [County or United Counties or as the case may be,"] at in the said County of [and there to be kept at hard kd)OT] for the space of , unless the said sum for costs and all costs and charges of the said distress (and of the commitment of the said C. D. to the said Common^ Goalf) shall be sooner paid. Given under my Hand and Seal, this day of , in the year of our Lord . , at » in the [County, or as the case may be"] aforesaid. J.S. [L.B.] [M— Sec Section XIII'] GEBTIFIGATE OF DISMISSAL. I HEREBY obrtift. That an information [or complaint] preferred by G. D. against A. B. for that [or as in the summons,] was this day considered by me, one of her Ms^esty's Justices of the Peace in and for the [County or United Counties or as the c&ae may be] of , and was by me dismissed [with costs.] Dated this day of , one thousand eight hundred and "■ - ^ ■--'>•'".:- .- J.S. [UB,] * ythe Informant or Complainant do not appear^ then words mag be omitted. 103 *vi (NI.J :.;-.---N- r XBOAL TOBMB AlTD LAW IfAXTUAL. r-i [N 1.— &e Section iCF///.] warkamt of distress upon a conviction for a penalty. Province of Canada, ^County or United CountieSf or as the case may be) of To all or any of the Constables, or other Peace Officers in the ^ said [County or United Counties, or as the case may be] of Whereas A. B., late of , [laborer,'] was on this day [or on last past] duly convicted before , [one] of Her Majesty's Justices of the Peace, in and for the said [County or United Counties, or as the case may be] of , for that [stating the offence as in conviction,] and it was thereby adjudged that the said A. B., should for such his offence forfeit and pay [4^., as in conviction.] and should also pay to the said C Dm the sum of for his costs in that behalf; and it was thereby ordered that if the said several sums should not be paid [forthwith] the same should be levied by distress and sale of the goods and chattels of the said A. B.; and it was thereby also adjudged that the said A. B., in default of sufficient distress, should be imprisoned in the Common Gaol of the said [County or United Counties, or as the case may be,] at in the said County of , [and there to be kept at hard labor] for the space of , unless the said several sums and all costs and charges of the said distress, and of the commitment and con- veying of the said A. B., to the said Common Gaol, should be sooner paid ; And whereas the said A. B., being so convicted as aforesaid and being [now] required to pay the said sums of and hath not paid the same or any part thereof, but therein hath made default ; These are therefore to command you, in Her Majesty *s name, forthwith to make distress of the goods and chattels of the said A. B^ ; and if within days next after the making of such distress, the said sums, together with the reasonable charges of taking and keeping the distress, shall not be paid, then you do sell the said goods and chattels so by you distrained, and do pay the money arising from such sale unto me [the convicting Justice or one of the convicting Justices] that I may pay and apply the same as by law is directed, and may render the overplus, if any, on demand, to the said A. B. ; and if no such distress can be ibund, then, that you certify the same unto me, to the end that such further proceedings may be had thereon as to law doth appertain. Given under my Hand and Seal, this day of , in the year of our Lord , at in the [County, or as the case may be] aforesaid. J. S. [l.8.] >»y.o,' 194 IN a] JUSIXOBS OV THB PSAOB SUMHABT COimOTIOKS, (o. W.) [N 2.—- S-ee Section XVIIL] WARRANT OF DIBTRBSS UPON AN ORDER FOR THB PAYMENT OF MONEY. Province of Canada, [County or United Counties, or at the case may be"] of , To all or any of the Constables, or other Peace Officers, in the said [CourUy or United Counties, or as 'he case may be"] of : Whereas On last past, a complaint was made before [one] of Her Majesty's Justices of the Peace in and for the said [County or United Counties, or as the case may &e,] for that [4*0., as in the orders] and afterwards, to wit, on , at the said parties appeared before [as in the order,"] and thereupon having considered the matter of the said complaint, the said A. B. was adjudged [to pay to the said C. D. the sum of on or be/ore then next,"] and also to pay to the said C. D., the sum of for his costs in that behalf; and it was ordered that if the said several sums should not be paid on or before the said then next, the same should be levied by distress and sale of the goods and chattels of the said A. B. ; and it was adjudged that in default of sufficient distress in that behalf, the said A. B., should be imprisoned in the Common Gaol of the said [County or United Counties, or as the case may be,"] at in the said County of [and there kept at hard labor,"] for the space of , unless the said several sums and all costs and charges of the distress [and of the commit- ment and conveying of the said A. B, to the said Common Gaol] should be the sooner paid ; And* whereas the time in and by the •aid order appointed for the payment of the said several sums of and hath elapsed, but the said A. B. hath not paid the same or any part thereof, but therein hath made default ; These are therefore to command you, in Her Majesty's name, forthwith to make distress of the goods and chattels of the SMd A. B. ; and if within the space of days after the mak- ing of such distress, the said last mentioned sums, together with the reasonable charges of taking and keeping the said distress^ shall not be paid, that then you do sell the said goods and chat> tels so by you distrained, and do pay the money arising from such sale unto [me, or some other of the convicting Justices, as the case may 6e,] that I [or he] may pay and apply the same as by law directed, and may render the overplus, if any, on demand, to the said A. B. ; and if no such distress can be found, then that you certify the same unto me, to the end that such proceedings may be mA therein, as to law doth appertain. Given under my Hand and Seal, this in the year of our Lord , at or as the case may be,"] aforesaid. day of , in the [Cow^ 105 J. S. [l. s.] [N8.] liMAL TOBKB AHS LAW ICAirVAX. (N 8.—^ Section XVIIl) einwrsbmbift in baokino a wabramt of distbb8s. Pbovinob of Canada, {County or United Counties, or as tne case may be,) of Whebeab Proof upon oath hath this day been made before me, one of her Majesty's Justices of the Peace in and for the said {County or United Counties, or as the case may be,) that the name of J. S. to the within Warrant subscribed, is of the hand-writing of the Justice of the Peace within mentioned, I do therefore au- ^orize U. T. who bringeth me this Warrant, and all other per- sons to whom this Warrant was originally directed, or bv whom the same may be lawfully executed, and also all Constables and other Peace Officers In the said {County or United Counties, or as the case may be,) of to execute the same within the said i{County or United Counties, or as the case may be) and of Given under my Hand, this day ot , one thousand eight hundred and • O. K. » (N A.—See Section XX. constable's EETUBN to a WAEEi»Nr OF DISTRESS. I, W. T., Constable of , in the {County cr United Counties or as the case may be) of , hereby certify tu J. S., Esquire, one of Her Majesty*s Justices of the Peace for the {County or United Counties, or as the case may be) that by virtue of this Warrant, I have made diligent search for the goods and chattels of the within mentioned A. B., and that I can find no sufficient goods or chattels of the said A. B. whereon to levy the sums within mentioned. Witness my Hand, this day of one thousand eight hundred and . W.T. (N 6.— > And I do hereby command you the said Keeper of the said Com- mon Gaol to receive the said A. B. into your custody in the said Common Gaol, there to imprison him [and keep him at hard labor] for the space of , unless the said several sums [and costs and charges of carrying him to the said Common Gaol, amounting to the further sum ^ , shall be sooner paid ; and for your so doing this shall be your sufficient War- rant. Given under my Hand and Seal, this day of , in the year of our Lord , at , in the [County y or as the case may be] aforesaid. J. S. [l. 8.] (0 2.) warrant of commrfment on an order in the first instance* Province of Canada, [County or United Counties, as the case may be^] of To all or any of the Constables and other Peace Officers in the said {County or United Counties, or as the case may be) of , and to the Keeper of the Common Gaol of the {County or United Counties, or as the case may be) of at in the said County of : Whereas O last past, complaint was made befors the undersigned, {one) of Her Majesty's Justices of the Peace in and for the said [ County or United Counties, or as the case may bi] of for that [4^., as in the order] and afterwards, to wit, on the day of , at , the parties appeared before me the said Justice [or as it may be in the order] and thereupon having considered the matter of the said com- plaint, I adjudged the said A. B. to pay to the said C. D. the sum of , on or before the day of then next, and also to pay to the said C. D. the sum of for his costs in that behalf; and I also thereby adjudged that if 198 the JTJ8T10IB OV tm nAOB mTMKlBT OOVyiOTIOVB, (o. w.) the said several sums should not be paid on or before the day of then neit, the said A. B. should be imprisoned in the Common Gaol of the ( County or United Counties, or ae the case may be) of! at in the said County of {and there to be kept at hard labor) for the space of , unless the said several sums [ana the costs and charges of convey' ing the said A. B. to the said Common Oaolf as the case may be] should be sooner paid ; And whereas the time in and by the said order appointed for the payment of the said several sums of money hath elapsed, but the said A. B. hath not paid the same or any part thereof, but therein hath made default; These are therefore to command you the said Constables and Peace Offi- cers, or any of you, to take the said A. B. and him safely to con- vey to the said Common Gaol, at aforesaid, and there to deliver him to the Keeper thereof, together with this Precept ; And I do hereby command you the said Keeper of the said Com- mon Gaol, to receive the said A. B. into your custody in the said Common Gaol, there to imprison him [and keep him at hard kAor"] for the space of , unless the said several sums [and the costs and charges of conveying him to the said Common &aol amounting to the further sum of ], shall be sooner paid unto you the said Keeper ; and for your so doing, this shall be your sufficient Warrant. Given under my Hand and Seal, this day of , in the year of our Lord at , in the [County, or as the case may be"] aforesaid. J. S. [l. s.] (Q 1.— Sfec Section XXIL) WARRAirr OF distress for costs upon an order for dismissal of an information or complaint. Province op Canada, [County or United Counties, or as the case may be] of To all or any of the Constables, or other Peace Officers in the said [County or United Counties, or as the case may be] of : Whereas On last past, information was laid (or com- plaint was made) before {one) of Her Majesty's Justices of the Peace in and for the said (County or United Counties, or as the case may be) of for that (^c, as in the order of dismissal,) and afterwards, to wit, on at , both parties appearing before in order that (i) should hear and determine the same, and the several proofs adduced to (me) in that behalf being by (me) duly heard and considered, and it manifestly appearing to (me) that the said information (or complaint) was not proved, (/) therefore dis- 199 missed xji«Ai» loim in LAW lumrAK. i|::| i^ missed the same, and adjudged that the said C. D. should pay to the said A. B. the sum of for his costs incurred by him in his defence in that behalf; and (/) ordered that if the said sum for costs should not be paid [forthwith'^ the same should be levied on the goods and chattels of the said C. D., and (1) ad- adjudged that in default of sufficient distress in that behalf the said C. D. should be imprisoned io' the Common Gaol of the said (County or United Countiei, or as the case may he,) of , at in the said County of (and there kept at hard la'jr) for the space cf , unless the said sum for costs, and all costs and charges of the said distress, and of the commitment and conveying of the said A. B. to the said Common Gaol should be sooner paid ;* And whereas the said C. D. being now required to pay to the said A. B. the said sum for costs, hath not paid the same, or any part thereof; but therein hath made default ; These are therefore to command you, in Her M^esty's name, forthwith to make distress of the goods and chattels of the said C. D., and if within the space of days next after the making of such distress, the said last mentioned sum, together with th^ reasonable char- ges of taking and keeping the said distress, shall not be paid, then that you do sell the said goods and chattels so by you dis trained, and do pay the money arising from such sale to me (the Justice who made such order or dismissal^ as the case may be) ttiat (/) may pay and apply the same as by law directed, and ma^ render the overplus (if any,) on demand to the said C. D., and if no such distress can be found, then that you certify the same unto me, {or to any other Justice of the Peace for the same) (County or United Counties^ or as the case may be) to the end that such proceedings may be had therein as to law doth apper- tain. Given under my Hand and Seal, this day of , in the year of our Lord , at , in the (County, or said, did threaten (&c , foUom to end vf complaint, as in form m6ove, in the past tense, then): And whereas the said A. B. was this day brought and appeared before the said Justice (or J. S. Esquire, one of her Majesty's Justices of the Peace in and for the said (County or UnUed Counties, or as the case may be) of , to answer unto the said complaint : And * having 208 been INDIOTABLX OrfENOES (O. W.) AOT. been required by me to enter into his ovi'n Recognizance in the sum of with two sufficient Sureties in the sum of each, as well for his appearance at the next General Quarter Sessions of the Peace, to be held in and for the said (County or United Counties, or as the case may be) of , to do what shall be then and there enjoined him by the Court, as also in the meantime to keep the Peace and be of good behaviour towards Her Majesty and all Her liege people, and especially towards the said C. D. hath refused and neglected, and still refuses and ne- glects to find such Sureties); These are therefore to command you the said Constable of the the Township of to take the said A. B., and him safely to convey to the [Common Gaol] at aforesaid, and there to deliver him to the Keeper thereof, together with this Precept ; And I do hereby command you the said Keeper of the said [Common Gaol] to receive the said A. B. into your custody, in the said [Common Gaol,] there to imprison him* until the said next General Quarter Sessions of the Peace, unless he in the meantime find sufficient Sureties as well for his appearance at the said Sessions, as in the mean- time to keep the peace as aforesaid. Given under my Hand and Seal, this in the year of our Lord , at as the case may be"] aforesaid. day of , in the [County, or J. S. [l. s.] INDICTABLE OFFENCES (C. W.) ACT. 16 VICT. 1853. CAP. CLXXIX. AN ACT TO FACILITATE THE PEBFOBMANCE OF THE DUTIES OF JUSTICES Of THE PEACE. OUT OF SESSIONS, IN UPPBBGANADA. WITH RESPECT TO PER- SONS CHARGED WITH INDICTABLE OFFENCES. [Assented to, 14th June, 1853.] WHEREAS it would conduce much to the improvement of the administration of Criminal Justice in Upper Canada, if the several Statutes and parts of Statutes relating to the duties of her Msgesty's Justices of the Peace therein, with respect to persons charged with indictable offences, were consolidated, with such additions and alterations as may be deemed necessary, andl' that such duties should be clearly denned by positive enactment : Be it therefore enacted, &c., That in all cases where a charge or complaint [A] is made before any one or more of Her 209 Majesty's IIOAL 70BMB ASJ> LAW VASVAL. oMi Majesty's Justices of the Peace for any Terrritorial Division in Upper Canada, tiiat any person has committed or is sus- pected to have committed, any treason, felony or other indictable misdemeanor or offence within the limits of the jurisdiction of such Justice or Justices of the Peace, ^: that any person guilty or suspected to be guilty of having committed any such crime or offence elsewhere out of the jurisdiction of such Justice or Justices, is residing or being, or is suspected to reside or be within the limits of the jurisdiction of such Justice or Jus- tices, then, and in every such case, if the person so charged or complained against shall not then be in custody, it shall be lawful for such Justice or Justices of the Peace to issue his or their War- rant (B) to apprehend such person, and to cause him to be brought before such Justice or Justices, or any other Justice or Justices for the same Territorial Division, to answer such charge or com- plaint and to be further dealt with according to law ; Provided always, that in all cases it shall be lawful for such Justice or Justices to whom such charge or complaint shall be preferred, if he or they shall so think fit, instead of issuing in the first in- stance his or their Warrant to apprehend the person so charged or complained against, to issue his or their summons [G] direct- ed to such person, requiring him to appear before the said Justice or Justices, at the time and place to be therein mentioned, or before such other Justice or Justices of the same Territorial Division as may then be there, and if, after being served with such Summons in manner hereinafter mentioned, he shall fail to appear at such time and place, in obedience to such Summons, then, and in every such case, the said Justice or Justices, or any other Justice or Justices of the Peace for the same Territorial Division, may issue his or their Warrant (D) to apprehend such person so charged or complained against, and cause such person to be brought before him or them, or before some other Justice or Justices of the Peace for the same Territorial Division, to answer to the said charge or complaint, and to be further dealt with according to law: Provided nevertheless, that nothing herein contained shall prevent any Justice or Justices of the Peace from issuing the Warrant hereinbefore first mentioned, at any time before or after the time mentioned in such Summons for the appearance of the said accused party. II. And be it enacted. That when any indictment shall be found by the Grand Jury in any Court of Oyer and Terminer or General Gaol Delivery, or in any Court of General or Quarter Sessions of the Peace, against any person who shall then be at large, and whether such person shall be bound by any Recogni- zance to appear to answer to any such charge or not, the person who shall act as Marshall at such Court of Oyer and Termir«^!r or Gaol Delivery, or as Clerk of the Peace at such Sessions at which 310 the ei I-Kii IKDIOTABLZ OimrOXS (O. -W.) AOT. the said indictment shall be found, shall, at any time afterwards after the end of the Sessions ofOyer and Terminer or Gaol Deliv- ery, or Sessions of the Peace, at which such indictment shall have been found, upon application of the Prosecutor, or of any person on his behalf, and on payment of a fee of one shilling, if such person shall not have already appeared and pleaded to such in- dictment, grant unto such Prosecutor or person a Certificate [F] of such indictment having been found ; and upon production of such Certificate to any Justice or Justices of the Peace for the County or United Counties in which the offence shall in such indictment be alleged to have been committed, or in which the person indicted in and by such indictment sliall reside or be, or be supposed or suspected to reside or be, it shall be lawful for such Justice or Justices, and he or they are hereby required to issue his or their Warrant (G) to apprehend such person so indict- ed, and to cause him to be brought before such Justice or Justicee or any other Justice or Justices for the same District, to be dealt with according to law : and afterwards if such person be there- upon apprehended and brought before any such Justice or Justi- ces, such Justice or Justices, upon its being proved upon oath or afiirmation before him or them, that the person so apprehended is the same person who is charged and named in such indictment, shall, without further inquiry or examinatian, commit [H] him for trial or admit him to bail in manner hereinafter mentioned ; or if such person so indicted shall be so confined in any gaol or prison for any other ofifence than that charged in the said indict- ment at the time of such application and production of such Cer- tificate to such Justice or Justices as aforesaid, it shall be lawful for such Justice or Justices, and he or they are hereby required, upon its being proved before him or them upon oath or afiirma- tion, that the person so indicted and the person so confined in )rison are one and the same person, to issue his or their Warrant I], directed to the Gaoler or Keeper of the gaol or prison in which ihe person so indicted shall then be confined as aforesaid, com- manding him to detain such person in his custody, until, by Her Majesty's Writcf Habeas Corpus, he shall be removed therefrom for the purpose of being tried upon the said indictment, or until he si all be otherwise removed or discharged out of his custody by due course of law : Provided always, that nothing herein con- - tained shall prevent or be construed to prevent the issuing or execution of Bench Warrants, whenever any Court of competent jurisdiction may think proper to order the issuing of any such Warrant. III. And be it enacted, That it shall be lawful for any Justice or Justices of the Peace to grant or issue any Warrant as afore- said, or any Search Warrant, on a Sunday as well as on any other 211 ^i^ TV, LEGAL fOBMS AlTD LAW IfAlTVAL. IV. And be it enacted. That in all cases when a charge or complaint for any indictable offence shall be made before sach Justice or Justices aforesaid, if it be intended to issue a Warrant in the first instance against such party or parties so charged, an information and coniplaint thereof (A) in writing, on the oath or affirmation of the informant, or of some witness or witnesses in that behalf, shall be laid before such Justice or Justices : Provi- ded always, that in those cases only when it is intended to issiM a Summons instead of a Warrant in the first instance, and where it is so specially provided in some Act of Parliament, it shall net be necessary that such information and complaint shall be in writing, or be sworn to or affirmed in manner aforesaid ; but in every such case so provided for in some Act of Parliament as aforesaid, such information and complaint may be by parol mere- ly, and without any oath or a>armation whatsoever to support or substantiate the same : Provided also, that no objection shall be taken or allowed to any such information or complaint for any alleged defect therein in substance or in form, or for any variance between it and the evidence adduced on the part of the prosecu- tion, before the Justice or Justices who shall take the examina- tion of the witnesses on that behalf as hereinafter mentioned ; and if any credible Witness shall prove upon oath (El) before a Justice of the Peace, that there is reasonable cause to suspect that any property whatsoever, on or with respect to which any larceny of felony shall have been committed, is in any dwelling house, out-house, garden, yard, croft or other place or places, the Justice may grant a Warrant (E 2) to search such dwelling house, garden, yard, croft or other place or places, for such property. y. And be it enacted, That upon such Tnformatian and com- plaint being so laid as aforesaid, the Justice or Justices receiving the same may, if he or they shall think fit, issue his or their Sum- mons or Warrant respectively as hereinbefore directed, to caust the person charged as aforesaid to be and appear before him or them, or any other Justice or Justices of the Peace for the samt Territorial Division, to be dealt with according to law : and every Summons (C) shall be directed to the party so charged in and bjr such information, and shall state shortly the matter of such infor- mation, and shall require the party to whom it is directed to be and appear at a certain time and place therein mentioned, before tht Justice who shall issue such Summons, or before such other Jus- tice or Justices of the Peace for the same Territorial Di\ision as may then be there, to answer to the said charge, and to b« further dealt with according to law ; and every such Summons shall be served by a Constable or other Peace Officer upon the person to whom it is so directed, by delivering the same to the party personally, or, if he cannot convenietly be met with, then -,'. ai2 by I nroiOTABLE OrFBlfTOES (O. W.) ACT. by leaving the same for him with some person at his last or most usual place of abouo ; and the Constable or other Peace OfHcer who sKall have served the same in manner aforesaid, shall attend at the time and place, and before the Justice or Justices in th« said Summons mentioned, to depose if necessary, to the service of such Summons; and if the person so served shall not be and appear before such Justice or Justices, at the time and place men- tioned in such Summons, in obedience to the same, then it shall be lawful for such Justice or Justices, to issue his or their War« rant (D) for apprehending the party so summoned, and bringing him before such Justice or Justices, or before some other Justice' or Justices, for the same Territorial Division, to answer the charge in the said information and complaint mentioned, and to be further dealt with according to law : Provided always, that no objection shall be taken or r^llowed to any such Summons or Warrant for any alleged defect therein in substance or in form, or for any variance between it and the evidence adduced on the part of the Prosecutor before the Justice or Justices who shall take the examination of the Witnesses in that behalf as herein- after mentioned ; but if any such variance shall appear to such Justice or Justices to be such that the party charged has been thereby deceived or misled, it shall be lawful for such Justice or Justices, at tLe request of the party so charged, to adjourn the hearing of the case to some future day, and, in the meantime, to remand the party so charged, or admit him to bail in manner hereinafter mentioned. VI. A;id be it enacted, That every Warrant (B) hereafter to be issued by any Justice or Justices of the Peace to apprehend any person charged with any indictable offence, shall be under the Hand and Seal, or Hands and Seals, of the Justice or Justices issuing the same, and may be directed to all or any of the Con- gtables or other Peace Officers of the District within which the game is to be executed, or to such Constable and all other Con- stables or Peace Officers in the Territorial Division within which the Justice or Justices issuing the same has or have jurisdiction, or generally to all the Constables or Peace Officers within such last mentioned Territorial Division ; and it shall state shortly the offence on which it is founded, and shall name or otherwise de- scribe the offende. ; and it shall order the person or persons to whom it is directeo to apprehend the offender, and bring him before the Justice or Justices issuing such Warrant, or before some other Justice or Justices of the Peace for the same Terri- torial Division, to answer to the charge contained in the said in- formation, and to be further dealt with according to law ; and it shall not be necessary to make such Warrant returnable at any particular time, but the same may remain in force until it shall be executed ; and such Warrant may be executed by apprchend- 213 ing XIOAL TOBMS JkSD LAW ICAIHTAL. ! ' I ing the offender at any place within the Territorial Division vrithin which the Justice or Justices issuing the same shall have jurisdiction, or, in case of fresh pursuit, at any place in the next adjoining Territorial Division, and within seven miles of the bor> der of such first mentioned Territorial Division, without having Buch Warrant backed, as hereinafter mentioned ; and in all cases where such Warrant shall be directed to all Constables or other Peace Officers within the Territoriol Division within which such Justice or Justices shall have jurisdiction, it shall be lawful for any Constable or other Peace Officer for any place within such Territorial Division to execute the said Warrant at any place within the jurisdiction for which the said Justice or Justices shall have acted when he or they granted such Warrant, in like man- ner as if such Warrant were directed specially to such Consta- ble by name, and notwithstanding the place within which such Warrant shall be executed shall not be within the place for which he shall be Constable or Peace Officer ; Provided always, that no objection shall be taken or allowed to any such Warrant for any defect therein, in substance or in form, or for any variance between it and the evidence adduced on the part of the prosecu- tion, before the Justice or Justices who shall take the examin- ation of the witnesses in that behalf as hereinafter mentioned ; but if any such variance shall appear to any such Justice or Jus- tices to be such that the party charged has been thereby deceived or misled, it shall be lawful for such Justice or Justices, at the request of the party so charged, to adjourn the hearing of the case to some future day, and in the meantime to remand the party so charged, or to admit him to bail in manner hereinafter mentioned. VII. And be it enacted. That if the person against whom any such Warrant shall be issued, as aforesaid, shall not be found within the jurisdiction of the Justice or Justices by whom the same shall be issued, or if he shall escape, go into, reside or be, or be supposed or suspected to be in any place within this Prov- ince, whether in Upper or in Lower Canada out of the jurisdic- tion of the Justice or Justices issuing buch Warrant, it shall and may be lawful for any Justice of the Peace within the jurisdic- tion of whom such person shall so escape or go, or in which he shall reside or be, or be supposed or suspected to be, upon proof alone being made on oath of the hand- writing of the Justice is- suing the same, and without any security being given, to make an endorsement [K] on such Warrant, signed with his name, authorizing the execution of such Warrant within the jurisdiction of the Justice making such endorsement, and which endorsement shall be sufficieut authority to the person bringing such Warrant, and to all other persons to whom the same was originally directed, and also to all Constables and other Peace Officers of the Terri- 314 torial name. INDIOTABUB OrrXVClS (O. W.) ACT. torial Division where such Warrant shall be so endorsed, to ex- ecute the same in such other Territorial Division, and to carry the person v ^inst whom such Warrant shall have issued, when apprehended, before the Justice or Justices of the Peace who first issued the said Warrant, or before some other Justice or Justices of the Peace for the same Territorial Division, or before some Justice or Justices of the Territorial Division where the offence in the said Warrant mentioned appears therin to have been com- mitted : Provided always, that if the Prosecutor or any of the Witnesses upon the part of the prosecution shall then be in the Territorial Division where such person shall have been so appre- hended, the Constable, or other person or persons who shall have so apprehended such person may, if so directed by the Jusiice backing such Warrant, take and convey him beforiS the Justice who shall have so backed the said Warrant, or before some other Justice or Justices for the same TeiTitorial Division ; and the said Justice or Justices may thereupon take the examination of such Prosecutor or Witnesses, and proceed in every respect in manner hereinafter directed with respect to persons charged be- fore a Justice or Justices of ^he Peace, with an offence alleged to have been committed in another Territorial Division than that in which such persons have been apprehended. YIII. And be it enacted, That if it shall be made to appear to any Justice of the Peace, by the oath or affirmation of any cred- ible person, that any person within the jurisdiction of such Justice is likely to give material evidence for the prosecution, and will not voluntarily appear for the purpose of being examined as a witness at the time and place appointed for the examination of the witnesses against the accused, such Justice may and is here- * by required to issue his Summons [L 1] to such person under his Hand and Seal, requiring him to oe and appear at a time and place mentioned in such Summons, before the said Justice, or before such other Justice or Justices of the Peace for the same Territorial Division as shall then be there, to testify what he shall know concerning the charge made against such accused party ; and if any person so summoned shall neglect or refuse to appear at the time and place appointed by the said Summons, and no just excuse shall be offered for such neglect or refusal, then (after proof upon oath or affirmation of such Summons having been served upon such person, either personally or with some person for him at his last or most usual place of abode,) it shall be law- ful for such Justice or Justices before whom such person should have appeared, to issue a Warrant [L 2] under his or their Hands and Seals, to bring and have such person, at a time and place to be therin mentioned, before the Justice who issued the said Sum^ mons, or before such other Justice or Justices of the Peace for the same Territorial Division as shall then be there, to testify as 215 aforesaid, LIOAL 70BMB AlTD LAW MAVVAL. '^i^'j : 1 1 i fl 1 aforesaid, and which said Warrant may, if necessary, be backed AS hereinbefore is mentioned, in order to its being executed out of the jurisdiction of the Justice who shall have issued the same ; or if such Justice shall be satisfied by evidence upon oath or affir- mation that it is probable that such person will not attend to give evidence unless compelled so to do. then, instead of issuing such Summons, it shall bo lawful for him to issue his Warrant (L 3) in the first instance, and which, if necessary, may be backed as aforesaid, and if on the appearance of such person so summoned before the said last mentioned Justice or Justices, either in obe- dience to the said Summons or upon being brought before him or them by virtue of the said Warrant, such person shall refuse to be examined upon oath or affirmation concerning the premises, or shall refbse to take such oath or affirmation, or having taken such oath or affirmation shall refuse to answer such questions concerning the premises as shall then be put to him, without giving any just excuse for such refusal, any Justice of the Peace then present and having there jurisdiction, may, by Warrant [L 4] under his Hand and Seal, commit the person so refusing to the Common Gaol of the County where such person so refusing shall then be, there to remain and be imprisoned for any time not exceeding ten days, unless he shall in the meantime consent to be examined and to answer concerning the premises. IX. And be it enacted, That in all cases where any person shall appear or be brought before any Justice or Justices of the Peace charged with any irdictable offence, whether committed in this Province or upon the high seas, or on land beyond the sea, or whether such person appear voluntarily upon Summons or have been apprehended, with or without Warrant, or be in cus- tody for the same or any other offence, such Justice or Justices before he or they shall commit such accused person to prison for trial, or before he or they shall admit him to bail, shall in the presence of such accused person, who shall be at liberty to put questions to any witness produced against him, take the state- ment [M] on oath or affirmation of those who shall know the facts and circumstances of the case, and shall put the same in writing, and such depositions shall be read over to and signed respectively by the witnesses who shall have been so examined, i:;^A shall be signed also by the Justice or Justices taking the same ; and the Justice or Justices before whom any such witness shall appear to be examined as afores lid, shall, before such wit- ness is examined, administer to such witness the usual oath or affirmation, which such Justice or Juitices shall have full power and authority to do ; and if upon the trial of the person so accu- sed as first aforesaid, it shall be proved upon the oath or affirma- tion of any credible witness, that any person whose deposition shall have been taken as aforesaid is dead, or is so ill as not to 216 be me in igned nined, g the itness wit- th or )ower iccu- irma- Isition lot to be nroioTABLx omvois (o. w.) act. be able to travel, and if also it be proved that such deposition was taken in presence of the person so accused, and that he or his Counsel or Attorney, had a full opportunity of cross-examin- ing the witness, then it such deposition purports to bo signed by the Justice by or before whom the same purports to have been taken, it shall be lawful to read such deposition as evidence in such prosecution without further proof thereof, unless it shall be proved that such deposition was not in fact signed by the Justice purporting to sign the same. X. And be it enacted, That after the examinations of all the witnesses on the part of the prosecution as aforesaid shall have been completed, the Justice of the Peace, or one of the Justices by or before whom such examination shall have been so com- pleted as aforesaid, shall, without requiring the attendance of the witnesses, read or cause to be read to the accused the depo- sitions taken asainst him, and shall say to him these words, or words to the luce effect : " Having heard the evidence, do you " wish to say anything in answer to the charge ? You are not '* obliged to say anything unless you desire to do so, but what- ''ever you say will be taken down in writing, and may be given " in evidence against you upon your trial." And whatever the pri. oner shall then say in answer thereto shall be taken down in writing (N] and read over to him, and shall be signed by the said Justice or Justices, and kept with the depositions of the wit- nesses, and shall be transmitted with them as hereinafter men- tioned ; and afterwards, upon the trial of the said accused person, the same may, if necessary, be given in evidence against him without further proof thereof, unless it shall be proved that the Justice or Justices purporting to sign the same did not in fact sign the i^ame : Provided always, that the said Justice or Justicss, before such accused person shall make any statement, shall state to him and give him clearly to understand that he has nothing to hope from any promise of favor, and nothing to fear from any threat which may have been holden out to him to induce him to make any admission or confession of his guilt, but that what- ever he shall then say may be given in evidence against him uyon his trial, notwithstanding such promise or threat : Provided nevertheless, that nothing herein contained or enacted shall pre- vent the prosecutor in any case from giving in evidence any ad- mission or confession, or other statement of the person accused op charged, made at any time which by law would be admissible as evidence against such person. !> , < XI. And be it declared and enacted. That the room or build- ing in which such Justice or Justices shall take such examina- tion and statement as aforesaid, shall not be deemed an open Court for that purpose ; and it shall be lawful for such Justice or Justices, in his or their discretion, to order that no person 217 " shall UOAL TOBMt AlTD LAW MAVVAL. ■ shall have access to or be or remain in such room or building without the consent or permission of such Justice or Justices, if it appear to him or them that the ends of Justice will be best answered by so doing. XII. And be it enacted, That it shall be lawful for any such Justice or Justices before whom any such witness shall be ex- amined as aforesaid, to bind by Recognizance (0 1) the Prose- cutor, and every such witness, to appear at the next Court of competent Criminal Jurisdiction at which the accused is to be tried, then and there to prosecute or prosecute and give evidence, or to give evidence, as the case may be, against the party accu- sed, which said llecognizance shall particularly specify the pro- fession, art, mystery or trade of every such person entering into or acknowledging the same, together with his Christian and sur- name, and the Township or place of his residence, or if his resi- dence be in a City, Town or Borough, the Recognizance shall also particularly specify the name of the said City, Town or Borough, and when convenient so to do, of the street and the number [if any] of tne house in which he resides, and whether he is owner or tenant thereof, or lodger therein ; and the said Recognizance, being duly acknowledged by the person so enter- ing into the same, shall be subscribed by the Justice or Justices before whom the same shall be acknowledged, and a notice (0 2) thereof, signed by the said Justice or Justices, shall at the same time be given to the person bound thereby ; and the several Re- cognizances so taken, together with the written information (if any), the depositions, the statement of the accused, and the Re- cognizance of Bail (if any) in every such case shall be delivered by the said Justice or Justices, or he or they shall cause the same to be delivered to the proper Officer of the Court in which the trial is to be had, before or at the opening of the said Court on the first day of the sitting thereof, or at such other time as the Judge, Justice or person who is to preside at such Court at the §aid trial shall order and appoint ; Provided always, that if any such witness shall refuse to enter into or acknowledge such Recognizano* as aforesaid, it shall be lawful for the Justice or Justices A 16 Peace by his or their Warrant (PI) to commit him to tb*? Uomm^n Gaol for the County in which the accused party is to be tried, there to be imprisoned and safely kept until after the triad of such accused party, unless in the meantime swich witness slv^kS duly enter into such Recognizance as aforesaid be- fore some V Hi Justice of the Peace for the Territorial Division in which such Gaol may order'such accused party to be brought before him or 'hem, or before any other Justice or Justices of the Peace for tlH> siiuDC Territorial Division, at any time before t!-e. expiration ifiikG time for which such party shall be remanded, and theGao- ier or Orticer in whose custody he shall then be shall duly obey guch order : Provided also, that instead of detaining the said ac- cused party in custody during the period for which such accused party shall be so remanded, any one Justice of the Peace before whom such party shall so appear or be brought as aforesaid, may discharge him, upon his entering into a Recognizance (Q 2, 3,) with or without a Surety or Sureties, at the discretion of such Justice, conditioned for his appearance at the time and place ap- pointed for the continuance of such examination ; and if such accused party shall not afterwards appear at the time and place mentioned in such Recognizance, then the said Justice, or any other Justice of the Peace who may then and there be present, upon certifying (Q 4) upon the back of the Recognizance the non-appearance of such accused party, may transmit such Re- cognizance to the Clerk of the Peace for the Territorial Division within which such Recognizance shall have been taken, to be proceeded upon in like manner as other Recognizances, and such 219 Certificate f LEGAL TOBlfS ASH LAW IfAmiAL. Certificate shall be deemed sufficient /;rim^j^cte evidence of such non-appearance of the said accused party. XIV. And whereas it often happens that a person is charged before a Justice of the Peace with an offence alleged to have been committed in another Territorial Division than that in which such person has been apprehended, or in which such Jus- tice has jurisdiction, and it is necessary to make provision as to the manner of taking the examination of the witnesses, and of committing the party accused or admitting him to bail in such a case : Be it therefore enacted, That whenever a person shall appear or be brought before a Justice or Justices of the Peace in the Territorial Division wherein such Justice or Justices shall have jurisdiction, charged with an offence alleged to have been committed by him within any Territorial Division whererein such Justice or Justices shall not have jurisdiction, it shall be lawful for such Justice or Justices, and be or they are hereby re- quired to examine such witness, and receive such evidence in proof of the said charge as shall be produced before him or them within his or their jurisdiction : and if in his or their opinion such testimony and evidence shall be sufficient proof of the charge mad6 against such accused party, such Justice or Justices shall thereupon commit him to the Common Gaol for the County where the offence is alleged to have been committed, or shall admit him to hail as hereinafter mentioned, and shall bind over the prose- cutor (if he have appeared before him or them) and the wit- nesses, by Recognizance accordingly as hereinbefore mentioned ; but if such testimony and evidence shall not, in the cninion of such Justice or Justices be sufficient to put the accused party upon his trial for the offence with which he is so charged, then such Justice or Justices shall bind over such witness or witnesses as he shall have examined by Tvecognizance to give evidence as hereinbefore is mentioned; and such Justice or Justices shall, by Warrant (R 1 ) under his or their Hand and Seal, or Hands and Seals, order the said accused parly to be taken before some Jus- tice or Justices of the Peace in and for the Territorial Division where the offence is alleged to have been committed, and shall at the same time deliver up the Information and Complaint, and also the Depositions and Recognizances so taken by him or them to the Constable who shall have the execution of such last men- tioned Warrant, to be by him delivered to the Justice or Justices before whom he shall take the accused, in obedience to the said Warrant, and which said Depositions and Recognizances shall be deemed to be taken in the case, and shall be treated to all in- tents and purposes as if they had been taken by or before the said last mentioned Justice or Justices, and shall, together with such Depositions and Recognizances as such last mentioned Jus- tice or Justices shall take in the matter of such charge against 220 th* IITDIOTABLB OfFBlTOES (o. W.) ACT. the said accused party, be transmitted to the Clerk of the Court or other proper Officer where the said accused party is to be tried, in the manner and at the time hereinbefore mentioned, if such accused party shall be committed for trial upon the said charge, or shall be admitted to bail ; and in case such accused party shall be taken before the Justice or Justices last aforesaid, by virtue of the said last mentioned Warrant, the Constable, or other per- son or persons to wliom the said Warrant shall have been directed, and who shall have conveyed such accused party before such last mentioned Justice or Justices, shall be entitled to be paid his costs and expenses of conveying the said accused party before the said Justice or Justices ; and upon the said Constable or other Serson producing the said accused party before such Justice or ustices, and delivering him into the custody of such person as the said Justice or Justices shall direct or name in that behalf, and upon the said Constable delivering to the said Justice or Jus- tices the Warrant, Information (if any) Depositions and Recog- nizances aforesaid, and proving by oath the hand- writing of the Justice or Justices who shall have subscribed the same, such Jus- tice or Justices before whom the said accused party is produced shall thereupon furnish such Constable with a lleceipt or Certi- ficate (R 2) of his or their having received from him the body of the said accused party, together with the said Warrant, Informa- tion (if any). Depositions and Recognizances, and of his having proved to him or them, upon oath, the hand- writing of the Justice who shall have issued the said Warrant; and the said Consta- ble, on producing such Receipt or Certificate to the Sherifif or High Bailiff, if he shall have been employed by such Officer, and if not, then to the Treasurer of the County in which such accused party was apprehended, will be entitled to be paid all his reason- able charges, costs and expenses of conveying such accused party into such other County or Territorial Division, and returning from the same. XV. And be it enacted. That when any person shall appear before any Justice of the Peace charged with a felony or sus- picion of felony, and the evidence adduced shall in the opinion of such Justice be sufficient to put such accused party on his trial as hereinafter mentioned, but shall not furnish such a strong pre- sumption of guilt as to warrant his committal for trial, it shall and may be lawful for such Justice jointly with some other Jus- tice of the Peace to admit such person to bail upon his procuring and producing such surety or sureties as in the opinion of such two Justices will be sufficient to ensure the appearance of such person so charged, at the time and place when and where he is to be tried for such offence; and thereupon such two Justices shall take the Recognizance (S 1,2,) of the said accused person and his surety or sureties, conditioned for the appearance of such 221 accused SI? mi,' LEOAX T0BM8 AHD LAW IfAirirAL. accused person at the time and place of trial, and that he will then surrender and take his trial and not depart the Court with- out leave ; Provided firstly, that when the offence committed or suspected to have been committed is a misdemeanor, any on? Justice may admit to bail in manner aforesaid ; and such Justice or Justices may at their discretion requiru.that such bail should justify upon oath as to their sufficiency, which oath the said Jus- tice or Justices is and are hereby authorized to administer, and in default of such person procuring sufficient bail, then such Ju»> tice or Justices may commit him to prison, there to be kept until delivered according to law ; Provided secondly, and it is hereby declared and enacted, that in all cases of felony, vtrhere the party accused shall be finally committed as hereinafter provided, it shall be lawful for any County Judge who may be also a Justice of the Peace for the County within the limits of which such accused party is confined, in his discretion on application made to him for that purpose, to order such accused party or person to be ad- mitted to bail on entering into Recognizance with sufficient sure- ties for such an amount, before two Justices of the Peace as the said Judge shall direct, and thereupon such Justices shall issue a warrant of deliverence (S 3,) as hereinafter provided, and shall attach thereto the order of the Judge directing the admitting of such party to bail ; Provided lastly, that no Justice or Justices of the Peace, or County Judge shall admit any person to bail accused of treason or murder, nor shall any such person be ad- mitted to bail, except by oiderof Her Msgesty's Court of Queen's Bench or ot Common Pleas, or one of the Judges thereof in va- cation, and nothing herein contained, shall prevent such last mentioned Judges admitting any person accused of misdemeanor or felony to bail when they may think it right so to do. XVI. And be it enacted, That in all cases where a Justice or Justices of the Peace shall admit to bail any person who shall then be in any prison charged with the offence for which he shall be so admitted to bail, such Justice or Justices shall send to or couse to be lodged with the Keeper of such Prison, a Warrant of Deliverance (S 3,) under his or their Hand and Seal or Hands and Seals, requiring the said Keeper to discharge the person so admitted to bail if he be detained for no other offence, and upon sUch Warrant of Deliverance being delivered to or lodged with such Keeper, he shall forthwith obey the same. XVII. And be it enacted, That when all the evidence offered upon the part of the prosecution against the accused party shall have been heard, if the Justice or Justices of the Peace then present shall be of opinion that it is not sufficient to put such accused party upon his trial, for any indictable offence, such Justice or Justices shall forthwith order such accused party, if in custody to be discharged as to the Intbrmation then under 222 inquiiji ■^^■■; IKDICTABLX OITXlfOXS (O. W.) ACT. inquiry, but if in the opinion of such Justice or Justices such evidence is sufficient to put the accused party upon his trial for an indictable offence, although it may not raise such a strong presumption of guilt as would induce such Justice or Justices to commit the accused for trial without bail, or if the offence with which the party is accused be a misdemeanor, then such Justices shall admit the party to bail as hereinbefore provided, but if the offence be a felony, and the evidence be given such as to raise a strong presumption of guilt, then such Justice or Justices shall by his or their warrant [T 1,] commit him to the Common Gaol for the Territorial Division to which he may now by Law be committed, or in the case of an indictable offence committed on the High Seas or on land beyond the Sea, to the Common Gaol of the Territorial Division within which such Jus- tice or Justices shall have jurisdiction, to be there safely kept until he shall thence be delivered by due course of Law. XVIIL And be it enacted, That the Constable or any of the Constables, or other persons to whom any Warrant of Commit- ment shall be directed, authorized by this or any other Act, shall convey such accused person therein named or described to the Gaol or other Prison mentioned in such Warrant, and there deliver him, together with such Warrant, to the Gaoler, Keeper or Governor of such Gaol or Prison, who shall thereupon give guch Constable or otherperson so delivering such prisoner into his custody a Receipt [T 2,] for such prisoner, setting forth the state and condition in which such prisoner was when he was delivered into the custody of such Gailor, Keeper or Governor. XIX. And be it enacted. That at any time afler all the examinations aforesaid shall have been completed, and before the first day of the Sessions, or other first sitting of the Court at which any person so committed to prison or admitted to bail as aforesaid is to be tried, such person may require and shall be entitled to have, from the Ofiicer or person having the custody of the same, copies of the depositions on which he shall have been committed or bailed, on payment of a reasonable sum for the same, not exceeding the rate of Three Pence for each folio of one hundred words. XX. And be it enacted, That the several forms in the Schedule to this Act contained, or forms to the like effect, shall be good, valid and sufficient in law. XXI. And be it enacted, That any Inspector and Superin- tendent of Police, Police Magistrate or Stipendary Magistrate, appointed or to be appointed for any Territorial Division, shall have full power to do alone whatever is authorized by this Act to be done W any two or more Justices of the Peace, and that the several forms in the Schedule to this Act annexed, may be 223 varied •""•"•••lIlPIBIposxr* UBOAL lOBlfl ASJ> LAW JUXJJAL. varied so far as it may bo necessary to render them applicable to such Inspector and Superintendent of Police, Police Magis- trate or Stipendary Magistrate aforesaid. XXII. And be it enacted, That from and afler the day on which this Act shall commence to take effect, all other Act or Acts or parts of Acts which are contrary to or inconsistent with the provisions of this Act, shall be and the same are hereby repealed. XXIII. And be it enacted, That this Act shall applv only to Upper Canada, except in so far as any provision thereof is expressly extended to Lower Canada, or to any act to be done there. XXIY. And be it enacted. That this Act shall commence a id have force and effect upon, from and after the first day of July, one thousand eight hundred and fifty-three, and not before. £C HEDULES. ■i ■ (A. — See Sections I ^ IV.) information and complaint f0.il an indictable offence, Province of Canada, ( County or United Counties, or as the case may be^) of The information and complaint of C. D. of day of in the year (jfcoman), taken this ^ - did (4«> statinff thorUy the ojffinee)i These are therefore to command Vou in Her Miyjesty's name, forthwith to apprehend the said A* B., and to bring aim before (me) or some other of Her Msyesty's Justices of the Peace in and for the said {County or United Coim-^ tiesj or as the cau may be) of , to answer unto the said charge, and to be farther dealt yfiiti accord- ing to law. Given under {my) Hand and Seal, thii day of f at , in the {County ^^} afiMesaid. J. S. [L. s.] (C— &e Sections I ^ V.) summons to a person charobd wtth an indlotablb oitsnob. Pkovinob of Canada, 1 {County or United Counties, > &t asth6 case may he,) of ) To A. B. of , {laborer); Whereas You have this day been charged before the under- signed {one) of Her Mi^esty's Justices of the Peace in and ibr the said {County or United Counties, or as the case may be,) of for that you on , at , {^., stating shortly the offence); These are therefore to command you, in Her Megesty's name, to be and appear before {me) on , at o'clock in the {fore) noon, at , or before such other Justice or Justices of the Peace for the same {County or United Counties or as the case may be,) of , as may then be there, to answer to the said charge, and to be further dealt with according to law. Herein fail not. Given under {my) Hand and Seal, this day of , in the year of our Ldrd , at , in the {Courtty, ^.) aforesaid. J. S. £l. d.] "Wf WWi 1 ' 1 ^^^j^ f » T- i^'H ^K')'' 4li:n jKi' If 'I ii'l!/ (D l.'^ote Sections 1 4* V.) WAttRAUT WHSN THE SUlttMONd IB tltiOBMliA', fkoViko* OF Canada, ) {.dhtntv oi' tfnited Coun(i^,> or di me case may be,) d ) fo all or any of the Constables, or Other Peace Ofiicers in the said {Cmmiy or Untied Counties, ttrasthe coMs^may fo) of : QAiy» dayol* (AisMBf 826 or ■:ll UGAIr TOBMS AITO LAW UAJSVAIi. or hut past) A. B. of the , was charged before (me or us,) the undersigned, (or name the Magistrate or Magistrates^ or as the com may he) (one) of Her Majesty's Justices of the Peace in and for the said {County or United Counties^ as the case maybe,) of , for that (4^.) as inAe Suimnons); And whereas (/, he^ the said Jus- tfce of the Peace, toe, or t}uy, the said Justices of the Peace) then 'issued {my, our, his or their,) Summons to the said A. B., com- manding him, in Her Majesty's name, to be and appear before (me) on at o'clock in the {fore) noon, at , or before such other Justice or Justices of the Peace as should then be there, to answer to the said churge, and to be further dealt with according to law ; And whereas the said A. B. hath neglected to be or appear at the time and place appointed in and by the said Summons, although it hath now been proved to {me) upon oath, that the said Summons was duly served upon the said A. B. ; These are therefore to command you, in Her Majesty's name, forthwith to apprehend the said A. R, and to bring him before (me) or some other of Her Majesty's Justices of the Peace in and for the said {County or United Counties, or as the case may be) of , to answer the said charge, and to be further dealt with according to law. Given under {my) Hand and Seal, this day of , in the year of our Lord , at , in the {County) of aforesaid. J. S. [l. s.] (E 1.— (Sfee SecHon IV.) INFOBMATIOM TO OBTAIN A SEARCH WARRANT. PROvracE OP Canada, {CotaUy or United Counties, or as the case may be) of Thb Information of A. B. of the , of the said {County ^.) {yeoman) ^ taken this , in the year of our Lord W. S., Esquire, one of Her Majesty's Justices of the Peace, in and for the ( County or United Counties, or as the case may be) of , who saith that on the day of , {insert description of articles stolen) of the goods and chattels of Deponent, were feloniously stolen, taken and carried away, from and out of the {Dwelling House ^c.,) of this Deponent, at the {Township ^-c.) aforesaid, by (some per- son or persons unknown, or name the person,) and that he hath just and reasonable cause to suspect, and doth suspect that the said goods and chattels, or some part of them, are concealed in the (Dwelling House 6ie., ofC. D.) of , in the said {CouKty) {here add the causes of suspicion, whatever ihey may 6e):— 226 Wherefore, ,in day of , before me, TsnnoTASLM onxiroifl (o. w.) aov. Wherefore, {he) pr^s that a Search Warrant may be granted to him to search {the Dwdling House, ^.,) of the said C. D. as afore- said, for the said goods and chattels so feloniously stolen, taken and carried away as aforesaid. Sworn before me the day and year first above mentioned, at ,in the said {County) of W. S. /.P. ,m day of re me, ice, in be)oi ttolen,) tolen, per- ^hjust said e):- (B %-^8ee Section TV.) sbarob warrant. Province op Canada, {County or United Counties, or as the case may be,) of To all or any of the Constables, or other Peace Officers, in the ( Courdy or United Counties j or as the case may be) of Whebeas a. B. of the , of , in fhe said [County 4^.,] hath this day made oath before me the undersigned, one of Her Ms^esty's Justices of the Peace, in and for the said [Cout^, or United Counties, or as the case may be,"] of , that on the day of [copy information as far as place of supposed concealment"] ; These are therefore in the name of our Sovereign Lady the Queen, to authorize and require you, and each and every of you, with necessary and proper assistance, to enter in the day time into the said [Dwelling House, 4^., of the said, 4«.] and there diligently search for the said gooids and chattels, and if the same or any part thereof shall be found upon such search, that you bring the goods so found, and also the body of the said C. D. before me, or some other Justice of the Peace, in and for the said ( County or United Counties^ or as the case may be"] of to be disposed of and dealt with according to law. Given under my Hand and Seal, at , in the said [County f 4^.] this day of , in the year of our Lord, one thousand eight hundred and W.S./.P. [Seal] [F.—See SecHon //.] CBRTIFIGATB OF INDICTMENT BEING FOUND I HBREBT CERTIFY, That at a Court of [Oyer and Terminer, or Greneral Gaol Delivery, or General Sessions of the Peace] holden in and for the [County or United Counties, or as the case maybe,"} of , at , in the said [County, ^.} on , a Bill of Indictment was found by the- Grand Jury against A. B., therein described as A. B. late of , aa7 (Merer,) |i|pi i ' i xaoAL Toun imd t iir ieaItuas. (Id^fT,) for that he (4«'} ^fafiii^ «Aorfif^ tJie offmee) and that tb« ■■id A. D. hath not appeared or pleaded to the said indictment. Dated this , day of , one thousand eight hundred and Z.X. Clerk of the Crown orDeputy Clerk of the Crown for the {County or United Countiet, cu the case may he^ or Clerk of the Peace of and for the said {County or United CountieSf aa the case may be,) {G.—See Section 11.) warrant to apprehend a pes0om ordiotbdk Peovincb of Canada, [Cotmiy or United Counties, or as the ease may be,"] of To all or any of the Constables, or other Peace Officers, in the said [County or United Counties or as the case may be] of Whereas It hath been duly certified by J. D., Clerk of the Crown o( (name the Court) or E. G. Deputy Clerk of the Crown, or Clerk of the Peace, as the case may be"] in and for the [County or United Counties^ or as the case may be"] of that [4vm steUing the certificate] ; These are therefore to command you, in Her Majesty's name, forthwith to apprehend the said A. B., and to bring him before [me], or some other Justice or Jus* tices of the Peace in and for the said {County or United Counties, or as the case may be,] to be dealt with according to law. Given under my Hand and Seal, this day of , in the year of our) Lord aft , ifi the {County 4rc->) aforesaid. J. S. [l. 8.] (a,-^See SMion IL) WARRANT OF OOMMTTMSNT (ff A PERSON INDIOTW. PaovmcB OF Canada, County or United Counties, or as the case may be) of To all or any of the Constables, or other Peace Officers in the said {County, dtsii.) o( and to the Keeper of the Gonunon Graiol^ at , in the slaid {Ceunty or United G^^mtfti, or ax the case may 6^ of WtiWREAe Br a Warrant iliider thd Hand emd de») of (wm) oI Her MsQMty's Jtitrtiees of tho Peace ih and for the sav^ {€^miiy ot VnHtd Cemuiost ^tH^aau mmf he,) of under HaniaftdSeuai dMM the day df , 328 after \m nn>xoiiABLi oiDorois (o. w.) 4.01. .after reciting that it had been certified by J. D. (4«. a§ in IA4 e$rt\ficat»,) ( ) the said Justice of the reaoe com- maodad all or any of the Constables, in her Migesty's name, forthwith to apprehend the said A. B. and to bring hitn before (Atm) the said Justice of the Peace in and for the said ( Covaity or United Counties, or as the case ma»f be) of or before some other Justice or Justices in and for the said {Co/unty or United Counties, or (u the ease may he) to be dealt with accorainff to law; And whereas the said A. B. hath been apprehendea under and by virtue of the said Warrant, and being now brought before (me) it is hereupon duly proved to {me) upon oath that the said A. B is the same person who is named and charged by , in the said indictment ; These are therefore to command you the said Constables and Peace Officers, or any of you, in Her Mcgesty's name, forthwith to take and ctmvey the said A. B- to the said Common Gaol at , in the said {Cowniy or United Counties, or as the ease may be) of , and there to deliver him to the Keeper thereof, together with this Precept ; and (I) hereby command you the saicf Keeper to receive the said A. B. into your custody in the said Gaol, and him there safely to keep until he shall thence be delivered by due course of law. Criven under (my) Hand and Seal, this day of , in the year of our Lord , at , ia the [County, 4^.,] aforesaid. J. S. [l. 8.] [I. — See Section IL] wabrant to detain a person indiotbd, who is already in custody for another offence. Province of Canada, [County or United Counties, or as the ease may be"] of To the Keeper of the Common Gaol at in the said [County or United Counties, or as the case may be'\ of Whereas It hath been duly certified by J. D., Cleric of the Crown of [name the Cour(\ or Deputy Clerk of the Crown, or Clerk of the Peace of and for the [County or United Counties, or as the case may bej of that [4*c staiing the Certificate'] ; And whereas [/ ara\ informed that the said A B. is in your custody in the said Common Gaol at aforesaid charged with some ofience, or other matter ; and it being now duly proved upon oath before [me] that the said A. B. so indicted as albresaid, and the said A. B. in your custody as aforesaid, are one and the same person ; These are therefore to command you in Her Majesty's name^ to detain the said A. B. in your custody •22d in LieAL rOSMt AITB hkW MAlTVAXi. ■If m in the Common Gaol aforesaid, nntil by Her Migesty's Writ of Habeai Corpui he shall be removed therefrom for the purpose of being tried upon the said indictment, or until he shall be other- wise removed or discharged out of your custody by due course of law. Given under {my) Hand and Seal, this day of , in the year of our Lord y at , in the ( CowJty^ 4^.,] aforesaid. J. S. [l. 8.] I (K.— ^ Section VU.) endobsembnt in backing a wabkant. Province of Canada, {CouT^ or United Counties, or as the case may he) of Whereas Proof upon oath hath this day been made before me, one of Her Majesty's Justices of the Peace in and for the said {County or United Counties^ or as the case may be) of , that the name of J. S., to the within Warrant subscribed, is of the hand-writing of the Justice of the Peace within mentioned ; I do therefore hereby authorize W. T. who bringeth to me this Warrant, and all other persons to whom this Warrant was originally directed, or by whom it may be lawfully executed, and also all Constables and other Peace Officers of the said {County or United Counties, or as the case may be) of , to execute the same within the last mentioned {County or United CountieSf or as the case may be). Given under my Hand, this day of * , in the year of our Lord , at , in the ( County, 4^.,) aforesaid. J. Jm (L l.—See Section VIII.) summons to a witness. Province of Canada, {County or United Counties, or as the case may he) of To E. F. of , {laborer) : Whereas Information has been laid before the undersigned, one of Her Majesty's Justices of the Peace in and for the said {^County or United Counties, or as the case may be"] of , that A. B. (4^., as in the Summons or Warrant against the accused,) and it hath been made to appear to nie upon {oath), that you are likely to give material evidence for {prosecution) ; These are therefore to require you to be and to appear before 230 me iimxoTABLi omnroii (o. w.) aov. me on next, at o'clook in the [fore) noon, at , or before such other Justice or Justices of the Peace for the same {County or United Counties^ or as the case may he) of , as may then he there, to testify what you shall know concerning the said charge so made against the said A. B. as aforesaid. Herein fail not. Given under my Hand and Seal, this day of , in the year of our Lord , at ,in the [County t 4«.,] aforesaid. J. S. [l. b.] [L 2.^See Section VIII] warrant when a witness has mot obbtbd a summons. Province op Canada, {County or United Counties, or as the case may be) of To all or any of the Constablos, or other Peace Officers in the said [County or United Counties, or as the case may be"] of : Whfreas Information having been laid before , {one) of Her Majesty's Justices of the Peace, in and for the said \Couniy, 4*c.,] of , that A. B., [4^. as in tfie Summonslj And it having been made to appear to [me"] upon oath that E. F. of , [laborer,] was likely to give material evidence for the prosecution, [I] did duly issue [my] Summons to the said E. F., requiring him to be and appear before {me) on , at , or before such other Justice or Justices of the Peace for the same [County or United Counties, or as the case may be,] as might then be there, to testify what he should know respectmg the said charge so made against the said A. B. as aforesaid ; And whereas proof hath this day been made upon oath before {me) of such Summons having been duly served upon the said E. F.; And whereas the said E. F. hath neglected to appear at the time and place appointed by the said Su^nmons and no just excuse has been offered for such neglect ; These are therefore to command you to bring and have the said E. F. before [me] on at o'clock in the (fore) noon, at , or before such other Justice or Justices of the Peace for the same [County or United Counties^ or as the case may be] as may then be there, to testify what he shall know concerning the said charges so made against the said A. B. as aforesaid. Given under [my] Hand and Seal, this day of , in the year of our Lord , at , f in the [County, 4^.,] aforesaid. J. S. [l. s.] 231 iit J !-»■■> [L3.] IMAIi VOBMI ASD LAW XAWAL. ii [L 8.— &e &c or as the case may be) of ; The examination of C. W. of , (yizrmer,) and E. F. of {laborer), taken on [path] this day of , in the year of our Lord , at , in the ( County, or as the case may be) aforesaid, before the un- dersigned, {one) of Her Majesty's Justices of the Peace for the said {County or United Counties or as the case may be), in the presence and hearing of A. B. who is charged this day before (me) for that he, the said A. B. at , [^ describing the offence as in a Warrant of Commitment.'] This Deponent, C. D. upon his {oath) saith as follows : (4«. slating the depositions of the the witness as nearly as possible in the words he uses. When his deposition is compkted, let him sign it.) And this Deponent, E. F. upon his [oath] saith as follows : 233 The m LSOAL T0SM8 llTD LA.W MAKViX. The above depositions of G. D. and E. F. were taken and [«toom] before me, at on the day and year first above mentioned. J.S. ' [N. — See Section X] statement of the ao0u8bd. Province op Canada, [County or United Counties, or as the case may be"] of A. B. stands charged before the undersigned, [one"] of Her Majesty's Justices of the Peace in and for the [County or United Counties, or as the case may be"] aforesaid, this day of , in the year of our Lord ,for that the said A. B., on , at , [^. as in the caption of the depositions ;] And the said charge being read to the said A. B., and the witnesses for the prosecu- tion C. D. and E. F. being severally examined in his presence, the said A. B. is now addressed by me as follows: ** Having ** heard the evidence, do you wish to say any thing in answer to *• the charge ? Vou are not obliged to say any thing, unless you " desire to do so ; but whatever you say will be taken down m " writing, and may be given in evidence against you M ** your trial.** Whereupon the said A. B. saith as follows : (here st&te whatever the prisoner may say. and in his very words as nearly as possible. Get him to sign it if he will.'] A. B. Taken before n? e, at , the day and year first above mentioned. J.S. use the p. (0 l.—See Section XIL) recognizance to prosecute or give evmenob. Province op Canada, [County or United CountieSf or as the case may be,"] of Be IT remembered, That on the day of | in the year of our Lord , C. D of ,in the of , in the [Township] of , in the said [County] of , [farmer,] [or C. D. of No. 2, Street, , in the Town or City of , Surgeon, of which said house he is (tenant,) personally came before me, one of Her Majesty's Justices of the Peace in and for the said {County or United Counties, or as the case may be) of , and acknowledged himself to owe to our Sovereign Lady the Queen, the sum of , 234 of WN nrDIOTASLB OTFIVOXB (O. W.) ACT. of good and lawful Current Money of this Province, to be made and levied of his goods and chattels, lands and tenements, to the use of our said Lady the Queen, Her Heirs and Successors, if he the said C. D. shall fail in the condition endorsed. Taken and acknowledged the day and year first above men- tioned, at , before me. J. S. CONDITION TO PROSECUTE. The condition of the within (or above) written Recognizance is such, that whereas one A. B. was this day charged before me J. S. Justice of the Peace within mentioned, for that [<^. as in the caption of the depositions ;] if therefore, he, the said C. D. shall appear at the next Court of Oyer and Terminer or General Gaol Delivery, [or at the next Court of General or Quarter Sessions of the Peace,] to be holden in and for the {County ot United Counties^ or as the case may &e) of ,* and there prefer or cause to be preferred a Bill of Indictment for the ofience aforesaid, against the said A. B. and there also duly prosecute such indictment, then the said Recognizance to be void, or else to stand in full force and virtue. CONDITION TO PROSECUTE AND GIVE EVIDENCE. [Same as the last form^ to the asterisk^* and then thus : — " And there prefer or cause to be preferred a Bill of Indictment against the said A. B. for the offence aforesaid, and duly prose- cute such indictment, and give evidence thereon, as well to the Jurors who shall then enquire into the said offence, as also to them who shall pass upon the trid of the said A. B., then the said Recognizance to be void, or else to stand in full force and virtue." ^ CONDITION TO GIVE EVmENCE. (Same as the last form but one^ to the asterisk,* and then thus :) And there give such evidence as he knoweth upon a Bill of Indictment to be then and there preferred against the said A. B. for the offence aforesaid, as well to the Jurors who shall there enquire of the said offence, as also to the Jurors who shall pass upon the trial of the said A. B. if the said Bill shall be found a True Bill, then the said Recognizance to be void, otherwise to remain in full force and virtue.'* (0 %—8ee Section XIL) notice of the said reooonizangb to be given to the prosecutor and his witness. Province op Canada, {County or United Counties, or as the case may be,) of Take notice, That you C. D. of , are bound in the sum of to appear at the next Court of Oyer and 235 Terminer Terminer and General Gaol Delivery, [or at the next Court of General Quarter Sessions of the Peaoe, in and for the {CoufUy or United Counties, or as the case may he) of , to m holden at , in the said {County, drc.) and then and there [prosecute and] give evidence against A. B., and unless you then appear there, (prosecute) and give evidence accordingly, the Recognizance entered into by you will be forthwith levied on you. Dated this day of one thousand eight hundred and * J. S. P I.— iS^ Section Xll) COMMrTMENT OF A WITNESS F0£ HEFUSINO TO ENTER INTO THB BeCOONteANCK. Province of Canada, {County or United Counties^ or as the case may be) of To aJl or any of the Constables or other Peace Officers in the said {County or ^.)of , and to the Keeper of the Common Gaol of the said {County or UnitedCounties, or as the case may be) at , in the said ICouniy, or as the case may be) of : Whebeas a. B was lately charged before the undersigned, (or name of Justice of the Peaces {one) of Her Majesty's Justices of the Peace in and for the said (County, or 4^.) of , for that (4^. as in the Summons to the Witness), and it having been made to appear to [me] upon oath that E. F., of , was likely to give material evidence for the prosecution, (/) duly issued {my) Summons to the said G. F., requiring him to be and appear before (me) on , at or before such other Justice or Justices of the Peace as should then be there, to testify what he should know concerning the said charge so made against the said A. B. as aforesaid ; and the said E. F now appearing before (me (or being brought before (me) by vir- tue of a Warrant in that behalf to testify as aforesaid), hath been now examined before [me"] touching the premises, but being by [me] required to enter into a Recognizance conditioned to give evidence against the said A. B., nath now refused so to do ; These are therefore to command you the said Constables or Peace Officers, or any one of you, to take the said E. F. and him safely to convey to the Common Gaol at jn the [County ^c] uforesaid, and there deliver him to the said Keeper thereof, together with this Precept; and I do hereby command you, the said Keeper of the said Common Gaol to re- ceive the said E. F. into your custody in the said Common Gaol* 236 %km I there to imprison and safely keep him until after the trial of the said A. B. for the offence aforesaid, unless in the meantime the said E. F. shall duly enter into such Recognizance as aforesaid^ in the sum of , before some one Justice of the Peace for the said {County or United Counties, or as the case may be,) conditioned in the usual form to appear at the next Court of [Oyer and Terminer, or General Gaol Delivery, or General Quarter Sessions of the Peace], to be holden in and for the said {County or United Counties, or as the case may be) of and there to give evidence before the Grand Jury upon any Bill of Indictment which may then and there be pre- ferred against the said A. B. for the offence aforesaid, and also to give evidence upon the trial of the said A. B. for the said cf- fbnce, if a True Jhll should be found against him for the same. Given under m^.- Hand and Seal, this , day of , in the year of Our Lord , at , in the [County 4^.,] of aforesaid. J. S. [l. a."| [P 2.— &e Section XIL] subseauent order to disgharoe the witness. Province op Canada, [County or United Counties, or as the case may 6c] of To the Keeper of the Common Gaol, at ' , in the [County] of aforesaid ; Whereas By {my) order dated the day of [instant'\, reciting that A. B. was lately before then charged be- fore (me) for a certain offence therein mentioned, and that E. P. htiving appeared before {me), and being examined as a witness for the prosecution in that behalf, refused to enter into a Recog- nizance to give evidence against the said A. B., and I therefore thereby committed the said E. F. to your custody, and required you safely to keep him until after the trial of the said A. B. for the offence aforesaid, unless in the meantime he should enter in- to such Recognizance as aforesaid ; And whereas for want of tufficient evidence against the said A. B., the said A. B. has not been committed or holden to bail for the said offence, but on tiie contrary thereof has been since discharged, and it is therefore not necessary that the said £. F. should be detained longer in your custody ; These are therefore to order and direct you the said Keeper to discharge the said E. F. out of your custody, aif to the said commitmenf, and suffer him to go at large. Given under roy Hsittd alid Stetttv this d^y of , in tho y«ar of Om* Let*d , itt* , in tlt6< [€ or as the case may be) of ) To all or any of the Constables, or other Peace Officers, in the Eikid {County or United Counties f or as the case may be) of : WuERBAs A. B. of (^i&orer), hath this day been charged before the undersigned [one] of Her Msgesty's Justices of tl^e Peace in and for the [CoutUy or United CountieSf or as the case may be] of , for that [^, as in the War' rant to apprehend] ; And whereas [/] have taicen the deposition of C. D. a witness examined by [me] in this behalf, but inasmuch as [7] am informed that the principal witnesses to prove the said offence against the said A. B. reside in the [County or United Counties^ or as the case may be] of where the said offence is alleged to have Been committed ; These are there- fore to command you, in Her Majesty's name, forthwith to take and convey the said A. B. to the said [County ot United Cotai' ties, or as the case may be] of and there carry him before some Justice or Justices of the Peace in and for that [County or United Counties, of as the case may be,) and near ntir to the [Townsh^ of ] Where the offence is alleged te hieive been committed, to answer farther to the said charge be- fore him or thetll, and to be further dealt with according to laW ; r/] hereby further command you to deliver to the said Justice or Justices tne ihformation in this behalf, and also the said depositioh of C. D. now givcti into your possession fbr that purpose, togeth- et with this Precept. Given under my Hand and Seal, this~ day ot , itt.the year of our Lord , at ,in the [County, ^.,i of aforesai^i J. S* [ht 8«Ji 240 (H a.) IHSIOTABLl OnriKOlB (O. W.) ACT. [R 2.—See Section XIV.] BKWPT TO BE OIVBN TO THE CONSTABLE BT THE JUSTICE FOR THE COUNTY IN WHICH THE OFFENCE WAS COBIBIITTEO. Pbovince OF Canada, [County or United Counties, or as the case may be"] of I, J. P. one of Her Majesty's Justices of the Peace, in and for the [County ^cJ] of , hereby certify that W. T.i Constable, or Peace Officer, of the [County or United Counties, or as the case may be"] of , has on this day of , one thousand eight hundred and , by virtue of and in obedience to a Warrant of J. S. Esquire, one of Her Mc^'esty's Justices of the Peace in and for the [County or United Counties^ or as the case may he] of Eroduced before me, one A. B. charged before the said J. S. with aving [&c. stating shortly the offence,] and delivered him into the custody of by my direction, to answer to the said charge, and to be further dealt with according to law, and has also delivered unto me the said Warrant, together with the information [if any] in that behalf, and the deposition [s] of C. D. [and of ] in the said Warrant mentioned, and that he has also proved to me upon oath, the hand-writing of the said J. S. subscribed to the same. Dated the day and year first above mentioned, at „ in the said {County &c.) of . J. P. [^\.— See Section XV.] Recognizance of bail. Pbovince of Canada, {Chunty or United Counties, or as the case may he) of Be rr bemembeeed, That on the day of itr the year of our Lord , A. B. of , [lahmrer^ L. M. of , {jgrocer) and N. O. of , \butcher!), personally came before \us) the undersigned, two of Her M ajes- ty's Justices of the Peace for the said {County or United Counties^, or as the case may be,) and severally acknowledged themselves to owe to our Lady the Queen, the several sums following that is to say : the said A. B. the sum of , and the* said L. M and N. O. the sum of , each of good and lawful current money of this Province, to be made and lev- ied of their several goods and chattels, lands and tenements re- spectively, to the use of our said Lady the Queen, Her Heirs and Successors, if he, the said A. B. fail in the condition endorsed. 241 Taken i|!lt 3; LEGAL TOBIU AXCD LAM lUVILUb. Taken and acknowledged the day and year first above men* tioned, at before us. J. S. J.N. OONDITIOH. The condition of the within written Recognizance is such, that whereas the said A. B. was this day charged bel jre [us,] the Jus* tices within mentioned for that [&c. cts in the Warrant] ; If there- fore the said A. B. will appear at the next Court of Oyer and Terminer or General Gaol Delivery [or Court of General Quar* ter Sessions of the Peace] to be holden in and for the [County or United Counties^ or as the case may be] of , and there surrender himself into the custody of the Keeper of the S Common Gaol or Lock-up House^ there, and plead to such In- ictment as may be found against him by the Grand Jury, for and in respect to the charge aforesaid, and take his trial upon the same, and not depart the said Court without leave, then the said Recognizance to be void, or else tostand in full force and virtue. W-1 [S 2.' ^See Section XV.] NOTICE OF THE SAID RECOGNIZANCE TO BE GIVEN TO THE ACCUSED AND HIS BAIL. Take notice. That you A. B., of , are bound in the sum of , and your Sureties [L. M. and N. 0.] in the sum , each, that you A. B. appear [&lc. as in the condition of the RecognizancCf] and not depart the said Court without leave ; and unless you, the said A. B., personally appear and plead, and take your trial accordingly, the Kecognizance en- tered into by you and your Sureties sJiull be forthwith levied on you and them. Dated this day of ' ' , one thousand eight hundred and „ - ' . ' J. S« *>»' ' [S3.— See lection XV. ^ XVL] waehaxt of delivebance on bail being given fob a frisoner already committed. Province of Canada, [County or United Countiest or as the case may be] of To the Keeper of the Common Gaol of the [County or United Counties, or as the case may be] at in the said {County or United Counties, or as the case may of : Whereas A. B., late of < .^i , (IcAorer), hath before (us) 242 (two) nn)XClULBLX owvskcm (o. w.) aot. 9 men- J. S. J.N. oh, that the Jus- If there- yrer and lI Quar- [Couniy , and r of the such In* Fury, for upon the I the said id virtue. ;U8ED AND I bound in id N. 0.] &;c. as in lid Court ^y appear Lance en- levied on [thousand J.S, }NER United lyhe) tore (us) {two) {two) of Her M{vJestv*B Jastioes of the Peace in and for the said {County or United dounties, or as the case may be) of , entered into his own Recognizance, and found sufficient sureties for his appearance at the next Court of Oyer and Terminer or General Uaol DeUvery {or Court of General Quarter Sessions of the Peace) to be holden in and for the {County or United Coun- ties, or as the case may be) of , to answer our Sovereign Lady the Queen, for that (4*c. as in the Commitment)^ for which he was taken and committed to your said Common Gaol ; These are therefore to command you, in Her said Majesty's name, that if 'he said A. B. do remain in your custody in the said Common Gaol for the said cause, and for no other, you shall forthwith suf- fer him to go at large. Given under our Hands and Seals, this day of , in the year of our Lord , at , in the {County, &>c.) of aforesrid. J. S. [l. 8.1 J. N. [l. S.J [T h-See Section XVII} ^* ' ' warbant of commitment. Province of Canada^ [County or United Counties, or as the case may be"] of To all or any of the Constables, or other Peace Officers, in the ( County or United Counties^ or as the case may be) of , and to the Keeper of the Common Gaol of the [County or Uni- ted Counties^ or as the case may be] at , in the said [County 4*c>] of : Whereas A. B. was this day charged before {me) J. S. {one) of Her Majesty's Justices of the Peace in and for the said {County or United Counties or as the case may be) of , on the oath of C. D., of {Jarmef",) and others, for that, &c. [staling shortly the offence"] ; These are therefore to com- mand you the said Constables or Peace Officers, or any of you, to take the said A. B. and him safely convey to the Common Gaol at aforesaid, and there deliver him to the Keeper thereof, together with this Precept ; And I do hereby command you the said Keeper of the said Common Gadl to receive the said A. B. into your custody in the said Common Gaol, and there safely to keep him until he shall be thence deliv- ered by due course of law. Given under my Hand and Seal, this day of , in the year of our Lord , at in the [County ^•c.,] of aforesaid. J. S. [l. s.] 243 (T3.) ^% LIOAL VOBMB ASTD Li.W VLkXJJkL. (T 2,^8ee Section XVIIl) OAOLEKB HEOEIPT TO THE CONBTAULB FOR T«l PRISONKR, AKD JUBTI0C8 ORDER THUIBON FOR THE PATMEITT OP TUB OOK- stable's EXFBIfSB IN EXEOUTINfl TUB COMMirMBlfT. I HEREBY cERTiPY, That I havQ reoeivfid from W. T. Constable, of the (County, ^c) of , the body of A. B. together with a Warrant under the Hand and Seal of J. S.. Esquire, one of Her Mi^jesty's Justices of the Peaoo for the said [County or United Counties or as the case may be,] of , and that said A. B was [sober, or as the case may fte] at the time he was delivered into my custody. P» K, Keeper of the Common Gaol of the said [County, ifc.] To R. W. Esquire, Treasurer of the {County or United Counties, or as the case may be,) of : Whereas W. T,, Constable, of the {County or United Countiest or as the case may be,) of , hath produced unto me, J. P., one of Her Majesty's Justices of the Peace in and for the said {County or United Counties, or as the case may be) of , the above receipt of P. K., Keeper of the Common Gaol at ; And whereas in pursuance of the Statute in such case made and provided, I have ascertained that the sum which ought to be paid to the said W. T. for arresting and con< ▼eying the said A. B. from , in the (Cmmty of ) to the said Common Gaol is , and that the reasonable expenses of the said W, T. in returning will amount to the further sum of , making together the sum of ; These are therefore to order you, as such Treasurer for the said [County or United Counties, or as the case may be] of , to pay unto the said W. T. the said sum of , according to the form of the Statute in such case made and provided, for which payment this Order shall be your sufficient voucher and authority. Given under my Hand, this day of , one thousand eight hundred and J. P. Received the day of , one thousand hundred and , of the Treasurer of the {County, or United Counties, in" as the case may be) of the sum of d. , being the amount of the above Order. W. T. ^ 244 Justices JUITXOll OV TBI IBAOl PlOTlOTXOir i.OT, (O. W.) JUSTICES OF THE PEACE PROTECTION ACT, (C. W.) 16 VICT. 1853, CAP. OLXXX. AN ACT IX) PROTECT JUSTICES OP TUB PBAOB IN UPPEE CANADA PEOH VEXATIOUS ACTIONS. [Assented tOf I4th June, ISbS.] WHEREAS it is expedient ' ) protect Justices of the Peace in Upper Canada in the execution of their duty : Be it therefore enacted, Sic., That every action hereafter to be brought against any Justice of the Peace in Upper Canada for any act done by him in the execution of his dutv 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 declara- tion 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 be it enacted, 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 person 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 declaration that the act complained of was done malvuionsly and without reason- able and probable cause : Provide(l nevertheless, that no such Action shall be brought for anything done under such Conviction or Order until after such Coviction or Order shall have been quashed, either upon appeal or upon application to one of the Superior Courts of Common Law for Upper Canada ; nor shall any such action be brought for any thing done under any such Warrant which shall have been issued by such Justice to procure the appearance of such party, and which shall have been followed by a Conviction or Order in the same matter, until after such Conviction or Order shall have been so quashed as aforesaid ; or if such last mentioned Warrant shall not have been followed by any such Conviction or Order, or if it be a Warrant upon an information for an alleged indictable offence, nevertheless if a Summons were issued previously to such Warrant, and such 245 Summons UrOAL tOBMt AUTD 'LkT MAITVAI.. Summons were served upon such pe^' ntx.on at his last 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 maintained against such Justice for any thing done under such Warrant. III. And be it enacted, That where a Conviction or Order shall be made by one or more Justice or Justices of the Peace, and a Warrant of distress or of oonunitment shall be granted thereon bv some other Justice of the Peace bond fide and without collu- sion, no Action shall be brought asainst the Justice who so granted such Warrant by reason of any defect in such Conviction or Or- der, or for any want of jurisdiction in the Justice or Justices who made the same, but the Action (if any) shall be brought against the Justice or Justices who made sucn Conviction or Order. IV. And whereas it would conduce to the advancement of jus- tice, and render more effective and certain the performance of the duties of Justices, and ^ive them protection in the perform- ance of the same, if some simple means, not attended with much expense, were devised by which the legality of any act to be done by such Justice might be considered and ac^udgea by a Court of competent jurisdiction, and such Justice enabled and directed to Cerform it without risk or any Action or other proceeding being rought or had against him : Be it therefore ehacted, 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 Jus- tice or Justices, it shall be lawful for the party requiring such act to be done to apply to either of the Superior Courts of Com- mon Law in Upper Canada, or to the Judge of the County Court of the County or United Counties in which such Justice or Jus- tices may reside, upon an affidavit of the facts, for a rule calling upon such Justice or Justices, and also the party to be affected by such act, to show cause why such act should not be done ; and if after due service of such rule gocl 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 required ; and no action or proceeding whatsoever shall be commenced or pros- ecuted against such Justice or Justices, for having obeyed such rule and done such act so thereby required as aforesaid. v. And be it enacted, That in all cases where a Warrant of Distress or Warrant of Commitment shall be granted by a Jus- tice of the Peace upon any Conviction or Order which, either be- fore or afler the granting of such Warrant, shall have been or shall be confirnied upon appeal, no Action shall be brought against such Justice imbo so granted such Warrant, for any thing which »46 may JUBTIOIB OT TBI TIAOI »BOTI€nOV kCV, (O. W.) may have been done under the same, by reason of any defect in such Conviction or Order. VI. And be it enacted, That in all cases where by this Act it is enacted thH*^^ no action shall be brought under particular cir- cumstances, if any such Action shall be brousht, it shall be lawful for a Judge of the Court in which the same shall be brought, up- on application of the Defendant, and upon affidavit of &cts, to set aside the proceedings in such Action, with or without costs, as to him shall seem meet. VII. And be it enacted. That no Action shall be brought against any Justice of the Peace for any thing done by him in the execu- tion of his Office, unless the same be commenced within Six Cal- endar Months next after the act complained of shall have been committed. VIII. And be it enacted, That no such Action shall be com- menced against any such Justice of the Peace until one Calendar Month at least after a Notice in Writing of such intended Action shall have been delivered to him, or lefl for him at his nsual place of abode, by the party intending to commence such Action, or by his Attorney or Agent, in which said notice the cause of Action, and the Court in which the same is intended to be brought, shall be clearly and explicitly stated ; and upon the back thereof shall be endorsed the name and place of abode of the party so intend- ing to sue, and also the name and place of abode or of business of the said Attorney or Agent, if such notice have been served by such Attorney or Agent. IX. And be it enacted, That in every such Action the venue shall be laid in the County where the act complained of was com- mitted, or in Actions in County or Division Courts the Action must be brought in the County or Division w ithin which the act complained of was committed or the Defendismt resides, and the Defendant shall be allowed to plead the General Issue therein, and to give any special matter of defence, excuse or justification in evidence under such plea, at the trial of such Action : Pro- vided always, that no Action shall be brought in any such County or Division Court against a Justice of the Peace for any thing done by him in the execution of his office if such Justice shall object thereto ; and if within Six Days after being served with a notice of any such action, such Justice or his Attorney or Agent, shall give a written notice to the Plaintifi" in such Action that he objects to being sued in such County or Division Court for such cause of action, no proceedings afterwards shall be had in such County or Division Court in any such Action, but it shall not be necessary to give another notice of Action in order to sue such Justice in any other Court ; Provided secondly, and it is hereby declared and enacted, that the several County Courts in 247 Upper UeiL VOBUB Ain> LA.W MAJfUAL. ii Upper Canada shall have Jurisdiction and shall hold pica in all Suits or Actions to be brought against Justices of the Peace for any thing done or pretended to be done by them in the execu> tion of their office, when the damages claimed shall not exceed the sum of thirty pounds. % X. And be it enacted, That in every such case after notice of Action shall be so given as aforesaid, and before such Action shall be conmienced, such Justice to whom such notice shall be given may tender to the party complaining, or to his Attorney or Agent, such sum of money as he may think fit as amends for the ii\jury complained of in such notice; and after such action shall have been commenced, and at any time before issue joined there- in, such Defendant, if he have not made such tender, or in addi- tion to such tender, shall be at liberty to pay into Court such sum of money as he may think fit, and which said tender and pay- ment of money into Court, or either of them, may afterwards be given in evidence by the Defendant at the trial under the General issue aforesaid ; and if the Jury at the trial shall be of opinion that the PlaintijOf is not entitled to damages beyond the sum so tendered or paid into Court, then they shall give a verdict for the Defendant, and the Plaintiff shall not be at libery to elect to be non-suit, and the sum of money, if any, so paid into Court, or so much thereof as shall be sufficient to pay or satisfy the Defend- ant's costs in that behalf, shall thereupon be paid out of Court to him, and the residue, if any, shall be paid to the Plaintiff; or if, where money is so paid into Court in any such action, the Plaintiff shall elect to accept the same in satisfaction of his damages in the said Action, he may obtain from any Judge of the Court in which such action shall be brought, an order that such money shall be paid out of Court to him and that the Defendant shall pay him his costs to be taxed, and thereupon the said Action shall be determined, and such order shall be a bar to any other Action for the same cause. XI. And be it enacted. That if at the trial of any such Action the Plaintiff shall not prove that such Action was brought with- in the time hereinbefore limited in that behalf, or that such notice as aforesaid was given one Calendar Month before such action was commenced, or if he shall not prove the cause of Action stated in such notice, or if he shall not prove that such cause of Action arose in the County or place laid as venue in the margin of the declaration, or (when such Plaintiff shall sue in the County or Division Court) within the County or United Counties for which such Court is holden, then and in every such case such Plaintiff shall be non-suit, or the Jury shall give a verdict for the Defendant. XII. And be it enacted. That in all cases where the Plaintiff in any such Action shall be entitled to recover, and he shall 248 ..^ prove >ii in ited luch e a JUSTIOXB 01* THE PBAOB PBOTEOTIOV A.OT, (O. W.) prove the levying or payment of any penalty or sum of money under any Conviction or Order as parcel of the damages he seeks to recover, or if he prove that he was imprisoned under such Conviction or Order, and shall seek to recover damages for any such imprisonment, he shall not be entitled to recover the amount of such penalty or sum so levied or paid, or any sum beyond the sum of two pence as damages for such imprisonment, or any costs of suit whatsoever, if it shall be proved that he was actually guilty of the offence of which he was so convicted, or that he was liable by law to pay the sum he was so ordered to pay, and (with respect to such imprisonment) that he had undergone no greater punishment than that assigned by law for the offence of which he was so convicted, or for non-payment of the sum he was so ordered to pay. XIII. And be it enacted. That if the Plaintiff in any such Action shall recover a verdict, or the Defendant shall allow judgment to pass against him by default, such Plaintiff shall be entitled to costs in such manner as if this Act had not been passed ; or if in such case it be stated in the declaration, or in the Summons and particulars in the Division Court if he sue in that Court, that the act complained of was done maliciously and without reasonable and probable cause, the Plaintiff, if he recover a verdict for any damages, or if the Defendant allow judgment to pass against him by default, shall be entitled to his full costs of suit, to be taxed as between an Attorney and Client ; and in every action against a Justice of the Peace for any thing done by him in the execution of his Office, the Defendant, if he obtain judgment upon verdict or otherwise, shall in all cases be entitled to his full costs in that behalf, to taxed as between Attorney and Client. XIY. And be it enacted. That this Act shall commence and take effect on the first day of July, in the year of our Lord one thousand eight hundred and fifty-three. XV. And be it enacted. That from and after the time this Act shall so commenee and take effect as aforesaid, the following Statutes so far as relates to Actions against Justices of the Peace shall be deemed and taken to be repealed in so far as regards Upper Canada, that is to say : so much of an Act of the Parliament of this Province made and passed in the session thereof held in the fourteenth and fifteenth years of Her Majesty's Reign, intituled. An Act to amend and consolidate the Laws affording protection to Magistrates and others in the performance of public dutieSy and all other Act or Acts or parts of Acts which are inconsistent with the provisions of this Act ; save and except so much of the said Acts as repeal any other Acts or parts of Acts, and also except as to proceedings then pending, to which the same or any of them may be applicable. 840 XVI. xaeaArii tobms aitd law UixvjiL. XVI. And be it enacted, That this Act shall apply for the protection of all persons for any thing done in the execution of their Office, in all cases in 'which, by the provisions of any Act or Acts of Parliament, the several Statutes or parts of Statutes by this Act repealed would have been applicable if this Act had not been passed. XVII. And be it enacted, That this Act shall apply to Upper Canada only ; and that the word ♦' County " in this Act shall include Unions of Counties for judicial purposes. STEAMBOATS TO CARRY LIFE PRESERVERS. ■ CAP. CLXVII. ; AN ACT TO AMEND THE ACT, INTITULED, AN ACT TO AMUm) AIT ACT, INTITULED, "AN ACT TO COMPEL VESSELS TO CABBY A LIOBT " DURING THE NIGHT, AND TO MAKE SUNDRY PROVISIONS TO REGU- "LATE THE NAVIGATION OF THE WATERS OF THIS PROVINCE." lAssented to, 14ith Jtme, ISdZ."] IN amendment of the Act passed in the session held in the fourteenth and fifteenth years of Her Majesty's Reign, inti- tuled : An Act to amend an Act^ intitukd, " An Act to compel Vessek *' to carry a Light during the night, and to make sundry provisions " to regulate the Navigation of the Waters of this Province :" Be it enacted, &;c., That at least one of the Boats provided for and carried with every Steamboat engaged in the transportation of freight and passengers in pursuance of the ninth section of the said Act hereinbefore first cited, shall be a life-boat, made of metal, fire-proof, and in all respects a good, substantial, safe sea-boat, capable of sustaining, inside and outside fifty persons, with life-lines attached to the gunwale at suitable distances, and that all of such boats shall be well furnished with oars and other necessary apparatus, and shall be good, substantial and safe boats, und in good condition at all times for service. II. And be it enacted, That it shall also be the duty of the Owner and Master of every such Steamboat as aforesaid, to pro- vide and carry with the said Steamboat upon each and every voyage, a good life-preserver, made of suitable material, or a float well adapted to the purpose, for each and every passenger, which life preservers and floats shall always be kept in conve- nient and accessible places in such Steamboats, and in readiness 250 for for the U86 of the passengers ; and also at least twenty-five fire- buckets and five axes. III. And be it enacted, That every such Steamboat carryina passengers on the main or lower deck, shall be provided with sufficient means convenient to such passengers for their escape to the upper deck, in case of fire or other accident endangering life. IV. And be it enacted, That the foregoing provisions shall have force and effect, upon, from and after the first day of Janua- ry, one thousand eight hundred and fiffcy-fonr, and not sooner. V. And be it enacted, That it shall be lawful for the Gover- nor in Council, at any time after the passing of this Act, by an Order or Orders in Council, from time to time to prescribe and regulate the number of Cabin or Steerage or other passengers, that may be carried by any Steamboat, or class of Steamboats in this Province, either in proportion to the dimensions or tonnage, thereof, or both, or otherwise howsoever : Provided always, that no such order in Council shall have any force or effect, until after it shall have been published at least twice, at an interval of at least six dap between each publication, in the Canada Gazette, YI. And be it enacted. That the same penalty shall be and the same is hereby attached to the contravention of any of the provisions of this Act, or of any such Order in Council as afore- said, as is contained in and enacted by the said ninth section of the Act hereinbefore first cited, that is to say, that for every con- travention in respect of any Steamer in this Province, on any one voyage or trip thereof o? uny provision in this Act or in any such Order in Council applicable to such Steamer, the owner or master thereof shall forfeit and pay the sum of Fifty Pounds, currency. RESPECTING WILLS. Every Person, of sound intellect and of age, having the legal exercise of their rights, may devise or bequeath by last will and testament, their Estates, both Real and Personal. Wills should be Registered as soon as possible after the death of every respective Devisor, Testator or Testatrix, in the County or District, within which the property is situated, so as to be where they would always remain subject to the inspection of any-one that might be interested to know then* import ; and to that end, it would be well that the testator should, in his last illness, acknowledge in the presence of a Justice of the Peace, 251 . that LIOAX rOBHS ASH LAW ICAinjiX. that the Will in question is his deliberate act and final determin- ation, and that he does, in the presence of said Magistrate, confirm it as his last Will and testament. It is very important that Wills should be so written, as to admit of no possible mis- construction : They must be, in eveiy respect, according to law, or they will be in a manner, if not wholly, useless. Every last Will and Testament of Real or Personal property, must be executed and attested, in the following manner : The testator's name must be subscribed by the testator, at the end of the Will ; accompanied by a seal, executed in the presence of two witnesses. Such subscription must be made by the testator in the presence of each of the attesting witnesses, or by him acknowledged to have been so made to each of the attesting witnesses; at the request of the testator, and in the presence of each other. The testator must declare the instrument so sub- scribed, at the time of acknowledging tiie same, to be his last Will and Testament. A codacil is a supplement to a Will, and must be attested in the same manner as the Will. To Disinherit an Heir at Law. An Heir, At law cannot be disinherited by a will, unless by express terms in the Will, showing such an intention on the part of the testator. It is, therefore, generally requisite to name in the Will every person or family, who would be lawfully entitled to share in the inheritance, if there were no Will. And this may be done by naming such individual or individuals as the testator intends to disinherit, and declaring that he shall give them nothing, assigning the reasons for such decision, or by giving to each of such persons, five or ten shilling, or any other nominal small sum. This, however, is a ceremony which is not of very frequent occurrence. A WILL OP REAL AND PERSONAL ESTATE. This Instrument, Witnesseth : That I, William Stearnley, of the City and District of Montreal, of the Province of Canada, being of sound and disposing mind, memory, and understanding, do make, publish, and declare this to be my last will and testa- ment; hereby revoking and making null and void all former last wills and testaments, and writings in the nature of last wills and testaments by me heretofore made. My Will is First; that mv funeral charges and just debts shall be paid by my executor hereinafter named. The residue of my estate and property which shall not be required for the payment of my just debts, funeral charges, and 252 the BSSPKOnVO WILLS. the expenses attending the execution of this my will, and the administration of my estate, I Give, devise, and disfbse thereof as follows, to Wit: — I give and devise to my beloved wife, Susan Sharp Steamley, all my household furniture, my pew in the St. George's Church, and the sum of one thousand five hun- dred pounds, in cash, to be paid her in four nK>nths after my decease, by my executor hereinaHer named, to have and to hold to her and her heirs, executor?, and administrators, to her and ther use and behoof forever. I do also bequeath to the said S. S. S., my beloved wife, the entire, exclusive, and undivided use of my dwelling-house, situated in Richmond Square in the City of Montreal, where I now reside, to have and to hold the same for and during her natural life, then the proceeds, of said dwell- ing-house are to be equally divided between my son and daugh- ter, hereinafter named : — I Give and bequeath to my daughter Amelia Stearnley, the sum of seven hundred and fifty pounds, to be paid to her by my executor hereinafter named, within six months after my decease, (or when she becomes of the age of twenty-one years, this proviso is necessary if she or he as the fact may be is not of age,) To have and to hold the same to her, and her heirs, executors, administrators and assigns, to her and their use, and behoof forever. I Give and bequeath to James Hale, son of my friend L. Hale, of St. Johns, C. E., in token of my friendship for him, seventy five pounds, to be paid to him by my executor hereinafter nam- ed, within one year after my decease, to have and to hold the same to him the said J. H., his heirs, executors, administrators and assigns, to his and their use forever. I Give, devise, and bequeath all the rest and residue of my estate, real, personal, and mixed, of which I shall be seized and possessed, or to which I shall be entitled at the time of my decease, to my only son Harrison Stearnley, to have and to hold the same to him, and to his heirs, executors, administrators and assigns, to his and their use, and behoof forever. And I do nominate and appoint my said Son, H. S. to be the sole executor, of this my last will and testament. In Testimony wnbreof, I, the said William Stearnley, have hureunto subscribed my name and affixed my seal, this ninth day of June, in the year of our Lord one thousand eight hundred and fifty-four. William Stearnley. [fifea/.] Signed, Sea'ed and Declared, by the said W. S. to be his last will and testament, in presence of Lewis Richards and Thomas Henry Jones, who at his request, and in his presence, have subscribed their names as witnesses hereto, in the presence of each other. or District of (or as the case may be). 253 Anothei in the County UEOAL TO&MB AHB I.AW MAITVAL. ANOTHEJ^WILL OF REAL AND PERSONAL ESTATE. I, Horace Williams, of the City of Toronto, in the County of York, of the Province of Canada, late merchant, of the said City, of the age of years, and being of sound mind and memory, do make, publish and declare, this my last will and testament, in manner following, to Wit : My Will is: That my funeral charges and just debts shall be paid by my executrix hereinafter named. The residue of my estate and property which shall not be required for the pay- mentof my just debts, funeral charges, and the expenses attend- ing the execution of this my will, and the administration of my estate, I Give, devise, and dispose thereof as follows, that is to say: First, I Give and Bequeath to my Wife Adelaide Williams, the sum of pounds, currency, to be received and accepted by her in lieu of Dower ; to my sons, Charles Williams and Horace Williams, Junr., each to receive the sum of pounds, currency ; to my daughter, Sarah Williams, the sum of pounds, currency ; And to my daughter-in-law, Lucy Williams, widow of my eldest son, Oliver Williams, deceased, the sum of pounds, currency ; Which said several legacies or sums of money ; I direct and order to be paid to the said res- pective legatees, within one year after my decease. Second, I Give and Devise to my sons, Charles and Horace Williams, aforesaid, their heirs and assigns, all that certain parcel or tract of land, situate, lying and being, in the &;c., {here give full description of the premises ;) Together with all the hereditaments and appurtenances thereunto belonging or in any-wise apper- taining : To HAVE AND TO HOLD the prcmiscs above described to the said Charles and Horace Williams, their heirs and assigns, forever. Third, I Give and Devise all the rest residue and remainder of my real estate, {here give description ;) to my said daughter, Sarah Williams, and my said daughter-in-law, Lucy Williams, to be divided equally between them share and share alike. And h'^tly, I Give and Bequeath all the rest, residue and remainder, of my persoral estate, goods and chattels, of every nature or kind soever, to my said wife, Adelaide Williams, whom I hereby appoint sole executrix, of this my last will and testa- ment ; hereby revoking all former wills by me made. In Wn-NEss whereof, I have hereunto set my hand and affixed my seal, this day of , in the year of our Lord one thousand eight hundred and fifty- HoRACE Williams. [Seal] The above instrument, consisting of one sheet, was, at the date thereof signed, sealed, published and declared, by the said Horace Williams, as and for his last will and testament, in 254 presence m;^ xxKFSOTiira wills. lainder ighter, Piams, le and ] every ^hom Itesta- Iffixed Lord eal] the said it, in jnce presence of us, who, at his request and in his presence, and in the presence oif each other ; have subscribed qur fftmes as at- testing witnessess thereto. Samuel Lang, oi lh»*->.^N.'V-,> 25« \.^ "■' '"^ Aj^r, %th J'<:?snment of Tra nsport BAMS AND BAMING. C A P. 3l T T iJf ACT TO ESTABLISH jB^jjjj^,, ,^^ WHEREAS . . expedi /;'""''' '^ ^"'^ ^^-' ^^^J Legislative Coancii aW.r't "''' «<"«« and IM"?' /'f ' under the authority of »n?. "'"' a«'<"nbied by X°, ? ''"''■ tfnited Kincdorn^p n " ^"^ Passed in tho P?.i- "® "'^ and ^rtto rtS^^'J'''^?' Britain and Irelamil^^^^ of the •uthorityofihr.,!!?^?"^'""'''' and it is herthr '"^' ^"^ Her Majestv's !.i ""7 '^"'""J". Passed h, ,h„ '^'"'ernor and • "llRMIiiit „f n,j.,., ""f ". and the 4,it of the '""•'-•"a ftfhl- "«"•"*« tmurij from A/.,„7 n ^""^« we ActF. o. 7 w *r Acts, Ordf,iQ,rces.Tr nrovM ^''"^'' «"d «» ^'^-^^..pa; • « 13 A 14 Vict. BAKKH A.NU BAKRIHO. Cap. 21, 1850. W lat pnrti(>H only iimv iiiftko ■till ititiuu liuuk NoWtt. of this Act, shall be and are hereby repealed, excpi)i <»nly as re- gards any penalty incurred under eitljer of tlicrn b-'oic this Act shall como into elfect, with regard to which they s'jdll remain in full force. II. And be it enacted, That it shall not be lawful for any person or as/ not to k>H»p . ;u».N ill tho Frovluce. porated or havinjj i- country out ol open or keep aii lace of discount or deposit, or for tho issue, circulatio .ription of Its Bank Notes within this Province, under a pcaalty >f One Hundred Pounds for each day on which such office or i)lace shall be opened or kept open, to be recovered and applied in the same manner as the penalties im- posed by the next preceding Section. VI. And be it enacted, That all unlawful Bank uniawftii Bank Notes shall be absolutely null and void ; and any Notes to be void, mortg'ige, liypothec, deed, bond, note, bill, or other ^^ security, promise or undertaking, which shall be taken or given either directly or indirectly, mediately or immediately, for secur- ing any loan or advance made either wholly or in part in unlaw- ful Bank Notes, shall be absolutely null and void, as shall also any receipt or discharge given for any sum of money if the whole or any part of such sum sliall have been paid in unlawful Bank Notes. Vil. And be it enacted, That the business of \M^t the biisi- Banking shall, for the purposes of this Act, mean Jfhain!c^wi& the making and issuing of Bank Notes, the dealing in the mcanins of gold and silver bullion and exchange, discounting *^'*''^''*' of promissory notes, bills and negotiable securities, and such other trade as belongs legitimately to the Business of Banking ; but any Company or party who may lawfully exercise the business of Banking under this Act, shall also have power to take and hold any property which shall have been bon& fide mortgaged, hypothecated, or pledged to such Company or party as security for debts previously incurred in the course of their lawful deal- ings as aforesaid, and sold under any Writ, Order, or Process of any Court of Law or Equity, and bought at such sale by the Company or party, and to re-sell or otherwise alienate or dispose of the same ; but, except as aforesairl, no such Company or party shall deal in buying, selling, or bartering of goods, wares, or mer- chandize, or be engaged in any trade whatever ; and the word "Bank" in this Act shall mean and include any word "Bank" Company or party carrying on the business of "^s^ncd. Banking under this Act, unless such meaning be inconsistent with the context. 259 VIII. IMAGE EVALUATION TEST TARGET (MT-3) l'^^. % 1.0 I.I lii|28 |2.5 40 2.0 1.8 1:25 j,U |,.6 < 6" ► Photographic Sciences Corporation ^ \ V C> •SJ <^ M o^ ^ ^ u 23 WEST MAIN STREET WEBSTER, N.Y. 14580 (716)872-4503 % ^ c^ o^ % 18 & U Vict. BAKES AST) BAKKOTO. Cap. 21, 1850. I: ■ ^W Indivlduali or general partner* •hips may estab- liah Banks. Vni. And be it enacted, That any individual or co-partnership of individuals may carry on the business of Banking in this Province at some one place, being a City, Town, or Village therein, provided the re- quirements of this Act be complied with, but not otherwise ; such co-partnership being general and the individual partners being jointly and severally liable as such, and bound oy the laws of this Province then in force touching co-partnerships ; and any such individual or co-partnership shall be included by the expres- sion " individual Banker," whenever it occurs in this Act. Joint stock C!om. IX. And be it enacted, That it shall be lawful ^Id'fOT&k- for any number of persons, not less than five, to iuR- associate themselves together as a Joint Stock Bank, to be conducted at some one place, and no more, in Upper Canada, or at some one place in Lower Canada, such place being, Articles of agree- ^" ®^^^*^' ®^®®» ®°"^® ^^^V' Towu, or Village ; and ment tobeuade when such persous shall have executed articles aud filed. ^^ agreement in notarial form, if such place be in Lower Canada, and in duplicate under their hands and seals if the same be in Upper Canada, and shewing, in either case — What such art- "^^^ name under which the Bank is to be con- ioiesmust show, ductcd, which shall be the corporate name of the Company : The place at which the Bank is to be conducted as aforesaid : The whole Capital Stock of the Company, which shall not be less than Twenty-five Thousand Pounds : The number of sharc^ into which it is divided, which shall not be so great as to make each share less than Ten Pounds : The name and residence Of every Shareholder, and the number of shares held by him : The period at which the Company is to commence and ter- minate — Further provi- And Containing such other provision and clauses sions may beta- as may be agreed upon, with regard to the man- nrted m articles, ^^^j^ent of the afiairs of the Company, the election or appointment of the Directors, Cashier, or other Managers and Officers, their powers, and their terms of office, the transfer of shares, the division of the profits, the calling in of instalments on the stock, the increasing of the stock by the admission of new shareholders or otherwise, the making of By-laws and the pur- poses for which they may be made and the penalties they may impose, the manner in which the affairs of the Company shall be settled, and its property disposed of aiid distributed when the Association shall terminate, and generally as to the management of the business of the Company and the rights of the Shareholders wiiero the same as between themsclves ; and when a duplicate or shau be filed. notarial copy (as the case may be) of such articles of agreement shall have Been filed in Lower Canada, in the office 260 of 1850. adual an the le one he re- ; such being awsof nd any Bxprcs- lawful five, to ; Stock Upper B being, *Q ; and articles Be be in seals if B — be con- le of the foresaid: U not be ch shall mds: number and ter- t clauses he man* election ;ers and insfer of iouts on of new the pur- ley may my shall rhcn the •ement [Solders llicate or . articles Ihe office of 13 & 14 Vict. BA5K8 Aim BAITEnrO. Cap. 21, 1850. of the Prothonotary of the Superior Court for the District, and of the Registry Office for the County in which the place of business of the Company shall be, or in Upper Canada in the office of the Clerk of the County Court for the County in which the place of business of the Company shall be, and shall have been recorded or registered at length in such offices respectively, then the stdd articles of agreement and the By-laws to be law- Th^yBhaiithen fully made in pursuance thereof, shall be valid and ^ binding. binding upon all parties thereto, and upon those who shall (by transfer of shares or otherwise) thereafter become Shareholders, and upon all others concerned, except only that in so much of such articles or By-laws as shall be contrary to the laws of the Province, as modified by this Act, shall be void ; and the said articles shall not thereafter be altered, except only as to altering the in such manner as shall be therein expressly pro- "^°- vided, and no such alteration shall prejudice the rights of anv creditor of the Company accrued before such alteration, nor shau any such alteration or any By-law made under such articles be of any ibrce unless nor until the same shall be made and filed, registered or recorded, in the manner herein provided with regard to the articles themselves. X. And be it enacted. That from and after the company to be» filing, registering or recording of any such articles ^°<^ corporate. of agreement as aforesaid, the parties thereto shall be a body corporate by the name therein mentioned and taken by them, and shall have all such rights and powers as are by law vested in Corporations generally, and are not inconsistent with the provisions of this Act, and also the power of carrying on the bu- siness of Banking, and such other powers as are hereby vested in such Company and in parties authorized to carry on the busi- ness of Banking, but subject always to the provisions herein made ; Provided always, that the Shareholders in any such Company shall be liable for the debts of the Corporation to the amount of twice their respect- ive shares, and no more, that is to say, each Shareholder may, m case of the insolvency of the Company, be compelled to pay to the Receiver hereinafter mentioned, not only the amount of any unpaid instalment on his shares, but also a sum equal to the amount of his shares, or such less sum as may be sufficient to enable the said Receiver to pay ofi" all the liabilities of the Asso- ciation, and such sum may be recovered by the Receiver either from the actual holder of any share, or from any party who shall have held such share within one year next before the appoint- ment of such Receiver, saving the recourse of such prior Share- holder against those who may have held the same shares after him, provided that the liability of the Sharehold- p^^i^,^. ers may be made greater by the Articles of Agreement, but shall never be less than herein provided. 261 XL Proviso; liability ofsharoIioldGrs limited. 13 A 14 Vict. BAKES ASD BAHTKIirO. Gap. 21, 1850. Value limited. Company, fto., diBsolvea if not qualified within a oertaiu time. Banks may hold ^^' ^^^ ^® ^* enacted, That in addition to such pennaiSy ^ real property as any Joint Stock Bank may acquire ■aiy to their buid* Under the provisions hereinbefore made, in the "**^ course of its dealings in the business of Banking, it may also purchase and permanently hold such other real estate as may be necessary for the convenient carrying on of its lawful business at the place where the same is to be conducted, and may from time depart with the same and acquire other real pro- perty in its stead at the said place, so as the total value of such Property do not at any time exceed the sum of Velve Thousand Five Hundred Pounds. XII. And be it enacted, That any Joint Stock Company formed under this Act, which shall not within twelve months from the filing of the instru* ment, certificate or articles aforesaid, become qualified to make and issue Bank Notes shall be ipso facto dissolved, saving the remedy of any of the parties concerned for breach of contract by any other of such parties. Provincial securi- XIII. And be it euactcd. That no individual 2[*j^JJ^ deposit- Banker shall make or issue Bank Notes, and no Bank shall com- Joint Stock Association shall commence the busi- mence business. ^^^^ ^f Banking Until they shall have respectively deposited in the hands of the Keceiver General, for the purposes To what of this Act, Debentures or other securities issued ■mount. by, or the payment of the principal and interest whereof is guaranteed by the Government of this Province, under the authority of the Legislature thereof, and bearing interest at the rate of six per centum peiT annum (or if bearing a less rate of interest, then to proportional' reater amounts) to amounts not less than those hereinafter mv ned, that is to say : Any Joint Stock Association, the amount of not less than Twenty-five Thousand Pounds : vaiueofsecnrities "^^^^ value of the said Debentures or securities to betakenat par, being Tsckoned at par, and the same being held by the Receiver General in pledge for the due re- demption of the Bank Notes of the Bank by which they are de- posited, and the interest thereon being paid over to such Bank as the same shall accrue, except as hereinafter provided. Xiy. And be it enacted, That whenever any Bank shall have so deposited the required amount of public securities, the Inspector General shall, on the application of such Banks, cause Bank Notes to an amount not exceeding that so deposited, and for such sums respectively not less than Five Shillings, as the Bank shall require, to be struck upon paper to be selected by him and from plates to be furnished by and at the expense of the Bank, but to be approved and kept by liim, and after such Notes are numbered and registered and counter- ' 263 signed InspcctorGcneral to deliver regis- tered notes to an amount equal to that deposited ; which, Doing signed, &o., shall become notes of tho Bank. ,1850. such icquire in the einking, 1 estate 3 lawful ed, and eal pro- of such sum of at Stock shall not e instru- to make ving the itract by Qdividual I, and no the busi- jpectively I purposes lies issued d interest ice, under interest at sss rate of lounts not less than I securities iig held by U due re- py are de- Bank as Lever any Id amount |l shall, on Ank Notes fsited, and lan Five . paper to ^nd at the him, and counter- signed IS&UYict. BAITEB AITD BAITKIKO. Cap. 21, 1850. Proviao: Securities may be deposited from time to time, and also withdrawn, on certain conditions. signed by him, or the Officer or Clerk whom he shall authorize to perform that duty, iie shall deliver the same to the Bank, and after being signed by the proper Officer or Officers of the Bank, they shall be and may be issued and circulated as its Notes : and so long as the Bank shall pay such Notes in specie on demand, they shall be receivable in payment of duties and of all sums due to the Provincial Government : Provided always, that all such Bank Notes shall be made payable to bearer on demand at the Office of the Bank, and not elsewhere, and shall be marked on the face thereof as being secured by de- posit of Provincial securities. XV. And be it enacted. That it shall be lawful for any such Bank, from time to time to deposit a further amount of such Debentures or Securities as aforesaid (so as the amount deposited at any one time shall not be less than Five Thousand Pounds, and so as the total amount deposited by any Joint Stock Association shall not exceed the capital thereof) and from time to time to withdraw the same from deposit, on the certificate of the Inspector General that a like amount of the Notes of such Bank hath been returned to him, so as the amount withdrawn at any one time shall not be less than Five Thousand Pounds, and so as the sum remaining deposited shall never be less than that required to be deposited before the Bank could commence the business of bank- ing, unless when the Bank is to be closed as hereinafter provided : Provided always that the amount deposited or withdrawn at any one time, shall always be a certain number ot Hundreds of Pounds. XVI. And be it enacted. That Bank Notes AstoBankNotw returned to the Inspector General as herein i^gp'i*** provided shall be marked as cancelled in a con- General. spicuous manner by the Bank returning the same, but shall not be so marked or mutilated as to prevent the identification thereof by the Inspector General, by whom they shall be kept during one vear, after which they shall be destroyed ; nor shall any such bank Notes be re-issued by him, but if the Bank shall afterwards apply for more, those issued on such application shall be new Notes ; and new Notes may be issued by him at any time in exchange for worn out and disfigured Notes returned to him, the amount presented for exchange at any one time not being less than One Hundred Pounds. XVII. And be it enacted. That if any such Bank proceedings if Note shall not be paid in specie on demand at the anv Bank shall Office of the proper Bank, it may be protested for notes°in%ecie. non-payment, and a copy of the Note and protest forwarded to the Inspector General, who shall thereupon by letter to be delivered at the Office of the Bank by some person .. ,. . « ^ who shall before a Justice of the Peace make 263 affidavit Proviso. }h 18 & 14 Vict. BAirSS AlTD BADKllfO. Cap. 21, 1880. Cloaing the Bank. affidavit of the delivery thereof, require the Bank to pay the same, and if it be not paid (with costs of protest and postage and interest, M the rate of six per cent per annum, froir. the date of the protest,) within ten days after the delivering of such requsition, then the Inspector General, unless he be satisfied that the Bank has a legal defence, shall close the Bank, by giving notice in the Government Gazette, which notice shall continue to be inserted during three consecutive weeks that the same is closed, and that he will redeem its notes out of the funds in his hands so far as the same will sufiice, and that a Receiver (naming him) has been appointed for settling the affairs of the Bank, in whom all its property and credits are vested., and to whom all moneys due to the Bank must thereafter be paid on pain of paying the same again to him, and that no contract, act or thing thereafter made or done by the Bank will be valid or binding upon it ; and Beotiivertobe such Reccivcr shall be appointed by letter firom pSwreStaSfng *^® Secretary of the Province by command of the pwHCMionof the Govemor, and by such a{)pointment the money, ^k. ic° ° property, efiects and securities, claims and credits of the Bank shall be transferred to and vested in such Receiver, and shall be delivered over to him by the bank with all the books, papers, accounts and documents relating to the business and affairs of the Bank, and he shall have full power and authority in the name of the Bank to receive, recover or enforce all moneys, property, rights, claims and demands which the Bank might otherwise have received, recovered or enforced, and to bring or continue, complete, defend, compromise, discontinue, or otherwise deal with any suit, action or proceeding at law or in equity, as the Baiik might have done, and shall be considered as being ipso facto substituted for the Bank ; and any Banker or any Partner, Associate or Shareholder in the Bank, or any Director, Manager, Officer or Servant of such Banker or BanK, or other person who shall have been entrusted with the same, without having any legal title to or lien thereupon, who shall have any money, property, securities, books, accounts, papers, or documents of the Bank in his possession or under his controul, and shall not forthwith deliver the same to the said Receiver on demand, shall be held to have fraudulently embezzled the same, and shall be punishable accordingly, and the Receiver may recover possession of the same by any means by which any party may recover possession of his property fradulcntly em- bezzled, and any other party who shall have possession thereof may be proceeded against for the recovery thereof in the usual His (hities in courso of Law : and it shall oe the duty of the said ^"hTlank^"^*" Rcceivcr to examine into and settle the affairs of the Bank, and to report thereon from time to time fully to the Inspector General, who shall cause the public securities deposited 264 as ,1850. tay tho protest lix per in ten spector I legal in Uie to be closed, andsso ng him) i\vhom moneys ^ing the ereafter it; and ter from d of the money, d credits Leceiver^ (le books, ness and luthority Lforce all [he Bank and to tinue, or aw or in dered as anker or or any or Bank, le same, 10 shall ipers, or jontroul, jiver on le same, [er may lich any fitly em- thereof le usual I the said Iffairs of to the eposited as la&UYict. BA3rXB ASH BAKKHrO. Cap. 21, 1850. as aforesaid by the Bank, to be sold at such time securitiettob* and in sach manner as ho shall think most to the '°^^ advantage of the Creditors of the Bank, and no interest thereon shall be paid to the Bank afler the closing thereof, Holders of Bank and the Receiver General shall deliver them to Noto»toboflrrt the purchasers on the order of the Inspector General, and the proceeds of the sale shall be applied with the other Assets of the Bank, and by the Receiver appointed as aforesaid, first to the redemption of its Bank Notes, and then to the payment of the other liabilities thereof; and as soon as tho said securities shall have been sold, the said Receiver shall give notice, if the pro- ceeds of the sale either alone or with other funds of the Bank in his hands shall be sufficient to redeem all the outstanding Bank Notes, that he is ready to redeem the same in full, or if such proceeds and funds be insufficient for that purpose, then, that he IS ready to pay as much in the pound on such Bank Notes as the funds in his hands will allow, and so from time to time until they be redeemed in full, or the Assets of the Bank are exhaust- ed ; and he shall give the holders of any Bank Notes paid in part, a Certificate stating the facts and entitling them to receive as much more as the funds in his hands will admit, and no other creditor of the Bank shall on any account, or on any plea or privilege of any kind, be paid any part of his claim until the holders of the bank Notes shall have been paid in full, (with interest from the day the Bank was closed,) and if any Bank Notes known to be outstanding be not presented, the Receiver shall reserve sufficient funds for the payment thereof. XVIII. And be it enacted. That if there be any Surplus after surplus after paying the holders of Bank Notes, the fflcra^o^ same shall be distributed among the other creditors JJ^onJfhe* other of the Bank who shall claim the same, according creditors. to their respective privileges and rights ; and all claims upon the Bank may be filed with the Receiver at any time within one year from the closing of the Bank with the evidences of such claims, or copies of such evidences, and all the particulars thereof; and the Receiver shall sell and dispose of to the Disposal of Bank best advantage all the property real and personal property. &c. and all securities and claims of the Bank which cannot be collected or realized in money within one year from the closing of the Bank, and shall have full power to convey the same to the purchasers ; and he shall at some time not less than six months nor more than one year after his a^ypointment make out a schedule showing the Assets which have come into schedule to be his hands, the expenses incurred and the sums paid madebyiteceivcr. for the redemption of Bank Notes, the sum remaining in his hands, and the unpaid liabilities of the Bank, so far as known to him, and showing also the manner and proportion in which, in his opinion, the said remaining sum ought to be distributed 265 among 18 & U Vict. BA37EB AlTD BAinCHrO. Cap. 21, 1850. r I among the unsatisfied creditors of the Bank according to their To bo filed for respective rights ; and he shall file such schedule cSywteuit in t^^e office of the Circuit or County Court of the Judge. Circuit or County in which the business of the Bank shall have been conducted, and shall apply to the Judge or to one of the Judges of the Court to appoint a day, (not being more than twenty nor less than ten days after such application) when the said statement will be taken into consideration ; and notice of such day and of the purpose thereof shall be given by the Receiver in such two newspapers, at such intervals, and during such time as the Judge shall appoint, and the said schedule shall lie open to the inspection of all parties interested at tlie office of the said Court and at the Bank during office hours until Objections may the day SO appointed; and until within ten clear be filed. j^ys of the said day, any party who shall, before the date of the said schedule, have filed his claim with the Receiver, may file in the office of the said oourt, and serve upon the Receiver a notice of any objection he may have to make to the said statement or to any part thereof, stating clearly and succinctly in ordinary language, words and figures, the reasons of such objections and the evidence (if any) which he proposes Objections to bo to adducc in support thereof; and on the day so SSuS)Jf**'' appointed or any day or days to which he may adjourn the matter, the said Judge or any other who may sit in the said Court shall in a summary manner hear the parties objecting and the Receiver, and determine upon the merits of the objections, and confirm or amend the said schedule in such man- ner as he may deem most consistent with the rights of the parties Appeal given. respectively ; and during the six clear juridical days next after the said schedule shall have been so confirmed or amended, any of the parties interested may, if the amount to which he is interested be sufficient, give the security required by law on appeals from the said Court, and may then appeal from the decision of the Judge as to the whole or any item of the said schedule as confirmed and amended, to the Superior Court in Lower Canada, or to the Court of Queen's Bench or Common Pleas in Upper Canada, (as the case may be) in the manner by law provided with regard to appeals from other decisions of the Court appealed from, and the decision of the Court so appealed to shall be final, whatever be the amount in question ; but pending such appeal, the Receiver may pay to the parties mentioned in the said schedule respectively, so much of the sums therein allotted to them as cannot be aflTected by any such decision in Aa to Costs. appeal ; and the costs or any portion thereof, may in the discretion of the Judge or Court, be awarded against any party or ordered to be paid by the the Receiver out of any other moneys he may then or thereafter have in his hands, or deducted pro rata from tiie sums to be paid to the claimants or any of 266 them, 18 A 14 Vict. BA5KB Ain> BAirsmO. Gap. 21, 1850. them, as justice and the circumstances of the case may require ; and like proceedings shall be had and with like Pro« "««l «abf »lty of one hundred pounds fhr^^ "?*'*'' * P*"- *^ '^''^ capacity ftt;!"} atS'^J -%-verally Z^t tSpriti" pe» shall continue, inclqdh.V7lf ^^ """'racted while L'^h^ eK«nnnedTe;i^--4lca„sethe^i^^^^^^ 269 XXVIII. 18 & U Tiot. BA5U jlkd Burmro. Gap. 21, 18fiO. RtatemontM to bo Mtlt ill |M!ri04ll> oally by Kaiik* iiuo; iMridondN not to XXVIII. And bo it enooted, That no dividend in.p.irc.,.itni. ^j^^jj ^^ ^^^j^ ^^ ^^^ j^^^^ g^^j^ ^^^^ whereby its capital Hliali be impaired, but out of its clear profits only, after allowing a reasonable snm for bad or doubtful cliiims. rnriaimrd (»M. XXIX. And bc it enacted. That every Joint «i«na». Ac., tu bo Stock Bank established under this Act, shall ad> vertise atiy uncluimod dividends or stock of such Bank in such manner as the Inspector General shall from tim« to time direct. XXX. And for the better protection of the pub' Ho in tlieir dealings with Banks established under under luixAut. thls Act, Be it enacted, That ench and every such Bank shall, on the first day of Januarv and July in each year, transmit to the Inspector General, a full and clear statement of the Assets and Liabilities of the Bank on the day of the date thereof, shewing as clearly as the same can be shewn, Avithout mentioning individual names and accounts, the true state of the affairs of the Bank, and stating with reference to the sums due to the Bank, how the same are secured, what part thereof is due to the Bank by directors or general partners, or is secured by their being liable therefor by endorsement or in any other way, and what proportion thereof (if any) may be considered bad or doubtful ; and such statement shall contain in addition to such other particulars as the Inspector General may require : First. The amount of StocK invested and se- Pwticularfl to Iw , , , . / t-» i oontaiiiud in auch curcd by deposit 01 Debentures. Second. The value of the Real Estate of the Asso- ■tatomcnt. ciation,speclfying what portion thereof is occupied for their business. Third. The shares of stock held and the number and valutt held by each Member. Fourth. The debts owing to the Association or Banker, and the particulars thereof. Fifth. The debts owing by the Association or Banker, and the particulars thereof. Sixth. The amount of claims against the Association or Banker not acknowledged as debts. Seventh. The amount for which the Association or Banker is bound as surety or contingently liable, whether on policies of in- surance or otherwise. Eighth. J'he amount of Notes in circulation, of loans and dis- counts and of specie on hand. Ninth. The amount of the siime on the first of July last pre- oeding. Tenth. The amount of losses sustained, and whether charged on the capital or profits since last statement, and of the dividends declared and made. Eleventh. The amount of Debentures deposited with the Receiver General. 270 And 18 &U Vict. BAKKi uro BAinmro. Cap. 21, 1850. Attratation of ■uvh ■Ut« part of the said expenses as shall be directly incurred for or on account of any particular Bank shall be paid by it, and the re- mainder shall be yearly apportioned upon the several Banks in 271 proportion 13 & 14 Vict. BAITES AKD VASKTSQ. Cap. 21, 1850. Fees for certain nervinos under this Act. proportion to the amount of Bank Notes issued to each : and the share of such expenses payable by any Bank may, if not sooner paid, be deducted Irom the interest of the Provincial secu- rities deposited bv it in the hands of the Receiver General, upon the Certificate of the Inspector General ; and in the case of the closing of any Bank by the Inspector General, all such expenses payable by the Bank shall be paid out of the Assets thereof in preference to any other claim whatever. XXXII. And be it enacted. That the fees to be taken by the Clerk of any Superior or County Court or any Registrar, shall be: for filing and recording or registering any Instrument under this Act, and Certificate there- of, seven shillings and six pence, and six pence per hundred words in such Instrument and Certificate ; and for the like ser- vices, as to the transfer of any share or shares, two shillings and six pence, and six pence per hundred words. Hxisti Banks XXXIII. And be it enacted. That any of the majr avail them- now Incorporated Banks in this Province may de- SS^iOTi^nihia posit Provincial securities in the hands of the Re- ^*- ceiver General, and obtain registered notes to the amount so deposited from the Inspector General, marked as being secured by deposit as aforesaid, which being afterwards signed by the proper functionaries of such Incorporated Bank, shall be Bank Notes thereof and may be circulated, and shall have the same privileges and advantages as other Bank Notes registered under this Act ; and the provisions of this Act relative to the preparation and delivery of registered notes by the Inspector General and the payment of the expenses attending the same, shall apply to those delivered by him under this Section, but the other provisions of this Act shall not be thereby extended or deemed Proviso. applicable to any now Incorporated Bank ; Provided always, that in case of the failure of any such now Incorporated Bank, the holders of the registered notes thereof shall be paid out of the proceeds of the debentures by the deposit whereof the same are secured and of any dividend or interest accruing thereon after such failure, in preference to any other creditor M''hatever of such Bank. wodutytobepaid XXXIV. And be it enacted, That for and not- onreg&tered withstanding anything in the Act passed in the *''*^ Session held in the fourth and fifth years of Her Jt6Victc». Majesty's Reign, and intituled. An Act for kvying a certain rate or duty on Bank Notes issued and in circulation in this Province, no duty shall be payable on Bank Notes secured by the deposit of Provincial securitiesin the manner hereinbefore provided. inte retation and XXXV. And be it enacted, That the Interpre- reslrration oftiffht tation Act shall apply to this Act,and that if any case toamendthisAot. ^^^ expressly provided forbv this Act shall arise, it shall be decided in such manner as shall be most consonant 272 to II, 1850. ch: and r, if not lial secu- pal, upon 56 of the expenses lereof in ees to be r County jrding or ate there- hundred > like ser- llings and ,ny of the e may de- af the Re- ntes to the id as being ,rds signed ik, shall be I have the registered tive to the Inspector the same, »n, but the or deemed ; Provided jorporated ill be paid it whereof accruing sr creditor and net- ted in the ixs of Her tor levying \tion in this Iredbythe 5 provided. Interpre- if any case [hall arise, jonsonant to 14 & 15 Vict. BA5Eiira act, (akbitdxd.) Cap. 69, 1851. to the general spirit of the provisions of this Act, to which reference shall always be had in appljring the law to such case ; and no amendment of this Act, or aeolaratory enactment apply- ing indiscriminately to all similar cases, which may be made as to the intent and meaning of this Act, nor any enactment which shall be made for giving full effect to its provisions or any of them, shall be deemed an infringement of the rights of any party, although the same may incidentally affect pending cases, or Banks established before the passing of the amending or declara* tory Act ; and the Governor in Council shall have full power from time to time, to make regulations for the governance of the Inspector General and all Receivers or Officers to be appointed under this Act, in the performance of the duties assigned to them ; and all Courts to whom any jurisdiction is assigned b^ this Act shall have full power to make rules of practice and tariffs of fees with regard to all proceedings to be adopted in carrying such jurisdiction into effect. XXXVI. And be it enacted. That a general gtatmentstob* statement of the Banks established under this Act, ^before the their capital, circulation, liabilities, and such other **8^^*"^ particulars respecting them as may be required to shew the ope- ration of this Act, and an account of the expenses incurred in carrying it into effect, shall be laid before the Legislature within thirty days after the opening of each Session thereoi*. BAMS AND BAMING ACT, (AMENDED.) it! CAP. LXIX. A3X ACT TO A]IIEND THE ACT TO ESTABLISH PBEEDOU OF BANEHSQ IN THIS PBOVmCB. [Assented to^ Z(Hh Augustf 1861.] WHEREAS it is expedient that statements __ of the Assets and Liabilities of Banks to ^««»W"»- be established under the Act passed in the Session held in the* thirteenth and fourteenth years of Her Majesty's Reign, and intituled. An Act to establish Freedom w*"V»<^-«»- of Banking in this Province, and for other purposes relative to Banks and Banking, should be made up and published more frequently than is required by the said Act: Be it therefore enacted, &.C., That the statements of the Assets statKnuntsn. and Liabilities of every Bank established or to be gf^ifdAS;?' established under the Act first above cited, required be made up and : by the thirtieth section thereof, shall (instead of ETSSSor**' being transmitted half yearly, as in the said section haif-ye»riy. provided,) be transmitted to the Inspector Greneral on the first day of each month in every year (or if such day be Sunday or 273 ' Holiday; 14 & 15 Yict. BAinasQ AOT, (amefded.) Cap. 69, 1851. Ilil Hi, 1 ' '1 V II'' 1 ; 'J' \ 1 ' Time allowed to oertain Banks or Companies by Section 2, of the ■aid Act extended on certain conditions. Holiday, then on the next day not being so) made tip to and bearing date upon the evening of the last day of the preceding month not being a Sunday or Holiday, and such statement shau be published by the Inspector General, at the expense of the Bank, and in such way as he shall think most conducive to the public good ; and every such statement shall contain ail the particulars mentioned in the said section, and »hall be attested in the manner therein provided ; and by any neglect to transmit any statement, or by any wilfully false statement, the Bank in default shall incur the same penalties and consequences, and the Inspector General fhall have the same powers, if he suspects any statement to be wilfully false, or if it appears by any statement that the Bank is insolvent, as are provided in similar cases in and by the said section, which shall hereafter be construed and have effect as if the words *' the first day of each month in every year *' had been inserted in the said section, instead of the words " the first day of January and July in each year," where they occur in the said section, except in so far as such construction would be inconsist* ent with any provision of this Act. II. And whereas by the last proviso to the second section of the Act hereby amended, it is provided that the said section shall not, during twelve months next after the passing thereof, apply to any Banks or Company not thereinbefore excepted, and authorized by Legislative enactment to issue Bank Notes, and it is expedient tc extend the time allowed by the said proviso : Be it therefore enacted, that the said section shall not, until the firat day of January, one thousand eight hundred and fifty-five, apply to any Bank or Company excepted from its operation by the said proviso, provided such Bank or Company shall reduce the amount of its Bank Notes not secured by the deposit of securities upon which registered Bank Notes may be issued under ib» said Act, in the following manner, that is to say : before the first day of January, one thousand eight hundred and fifty-two, mch amount shall be reduced to not exceeding three-fourths of tihe average circulation of such Bank during the year one thou^ Mad eight hundred and fifty ; before the first day of January, one thousand eight hundred and fiftv-three, such amount shall be reduced to not exceeding one half tne said average circulations before the first day of January, one thousand eight hundred and fifty-four, such amount shall be reduced to not exceeding one- fiNurth of such average circulation ; and before the first day of JftDuary, one thousand eight hundred and fifty-five, such amount shall be reduced to nothing : but if any such Bank or Company dhali fail to make any such reduction as aforesaid, then, upon such failure, the said section shall immediately apply to such Bank or Company which shall be liable to all the penalties imposed by the said Act for any eontrav^ntion thereof. 274 Chaktebsd 18 & U Vict. CSABXBBBB BA5KB. Cap. 22, 1850. 36 inconsist- w m CHARTERED BAMS. Bank Incorporated or i-Xm- ""l™ 'o and for any ZS"!'^!^ ^ f'^'iJZTZ^'^ * C''»««r under ^^ ££■"««&" 4L^?naVfo™rr'^.S''i'''°'7'«"«»*»g 3^«. may be Uwfiil to aSL »n *™««'n?d, it shall anl «W,»r to purchase any lSf'»"y '"'''' Chartered Bank SSJf"^- «le under exe^utir^ Kt rf tL' "^'^ ™y «« offend for "ay be exposed to sale S Mv m.lfS' ?*"'' «> P>>n>hasW "J ■rancej an individual could so puichs^^.'S*' '"™'»»' ""oam- «mung Charter to^ai"''''^"''' Bank under it, SZt Bank ■50**^ il m 16 Vict. BAirZ VOTES* ACT. Cap. 162, 1858. Bank of the equity of redemptica in the said mortgagedpremises, or by procuring a foreclosure thereof in the Court of Chancery, or by other means whereby, as between individuals, an eauity of redemption can or may by law be shut out or barrea : And whereas it is expedient to quiet such doubts^it is hereby declared They may obtain *"^^ enacted. That nothing in any former Act of •^bytore- the Parliament of this Province, or of any former "^"^ Parliament of Upper or Lower Canada did or does prevent or prohibit any such Bank from acquiring in the manner above in this Section referred to, and holding at its disposal, an absolute title to and in any such mortgaged lands, whatever the value thereof may be, or from exercising or acting upon any power of sale contained in any mortgage given to it or held by It, authorizing or enabling it to sell, dispose of or convey away any lands so mortgaged. BAM NOTES' ACT. Fresmblo. CAP. CLXII. mt ACT TO ENOOIJBAGB THE ISSUE BT THE OHABTESED BANES IS THIS TBOTINCB. OV NOTES SECVBED HJT THE MANNEB PBOVIDED BY THE GENEBAL BANEINQ LAW. [Assented to, l^h Jme, 1853.] WHEREAS it is expedient to encourage the Chartered Banks in this Province to issue and circulate Bank Notes secured in a manner as nearly similar as circumstances will permit to that provided by the general laws now in force for regulating the business of Banking : Be it therefore enacted, &c., That it shall be lawful for any Chartered Bank in this Province, the total amount of whose Bank Notes of all values, to be issued and in circulation at any one time, is by its Charter or Act of Incorporation or any act amend- ing the same, limited to the amount of its paid up Capital, — or the total amount of whose Bank Notes each for less than some assigned sum, to be issued and in circulation at any one time, is by any such Act limited to a certain sum or to a certain proportion of its capital, — ^to issue and have in circula- tion at any time any further amount of such Bank Notes beyond the amount limited in either of the said cases, not exceeding in 276 either Batiks may isme notM, or notes of » certain Und beyond the amount limited by thehr charters^ —on certain QonditionB. p. 162, 1858. edpremises, f Chancery, Etn eauity of anrea: And iby declared mer Act of anv former did or does the manner disposal, an hatever the g upon any t or held by mvey away ne, 1853.] courage the Qce to issue Eurly similar sneral laws ing: Be it ) lawful for ), the total alues, to be ne, is by its act amend- its paid up ss each for culation at n sum or to I in circnla* )tes beyond cceeding in either laws forZSa.2''fir;' ""^ R«(n^et2dXfe "^ ?*•«»- Debenturest^k!^ ?** ""^eMof BrokSw rt '^^ under the Mgfatered. ""' "' *»' *« Bank notes to C'^j^^* the held m the fourth anS fift? ^^^^ "» the session ^tyonder** rate or duty on si^^L^f ^^'""S^ ^ certdin "^"^ /Vownce, on itsBankXtes?ilf^^^^ '"''^ '« circulation in thi. «ceedf/^*f N<>tes in circulation dinW *^^ ^T^'^ge amount Sn « ?«/verage amoun? S" th« /i5°^ Period, shall ha^ ^f^X Reign. ft.tSdf^ri/r' '"' ««' J?^""*- ' " °® *^a IS hereby repealed SAYINGS' BANKS PUBIIC ACT. W^Tn^^Iri!:^? Jr.:'''-'; I»^«t»tions or established in this ProS r^'S.***" "^ "ay be ""^ 37^ "f ra iiKe Institutions ; Be it therefore enactec^ II ii;" I 4 & 5 Vict. BATnrOB* BAVKS PUBUO ACT. Cap. 82, 1841. Any number of penons fomting ftnjr Society for the purpose of in* ■tituting a Bulk Ibr Savings, desir« oua of having the benefit of this Act, ■hall cause the rules. Ac., estab- liahed for the ma- nagement of the Institution to be entered, deposit- ed end fllea in manner directed Iqr this Act. enacted, &c., That if any number of persons, who have formed or shall form any Society in any part of this Province, for the purpose o estabhshing and maintaining any Institution in the nature of a Bank, to receive deposits of money for the benefit of the persons depositing the same, and to accu- mulate the produce of so much thereof as shall not be required by the depositors, to be paid in the nature of compound interest, and to return the the whole or any part of such deposit, and the produce thereof, to the depositors, deducting only out of such produce so much as shall be required to be so re- tained for the purpose of paying and dischai^ing the necessary expenses attending the management of such ^stitution, accord- ing to such rules, orders, and regulations as shall have been, or shall be established for that purpose, but deriving no benefit whatsoever from any such deposit or the produce thereof, shall be desirous of having the benefit of the provisions of this Act, such persons shall cause the rules, orders, and regulations estab- lished or to be established for the management of such Institution to be entered, deposited and filed in manner hereinafter directed, and thereupon shall be deemed to be entitled to, and shall have the benefit of the provisions contained in this Act. Such Institution not to have the benefit of this Act unless the rules, Ac, for the man- agement thereof be entered in a book to be open for the inspection of depositors, and imless such rules be transcribed on parchment and deposited with the Clerk of the Peace for the Dis- trict or Coimty. II. Provided always, and be it enacted. That no such Institution, as aforesaid, shall have the benefit of this Act, unless the rules, orders and regulations for the management thereof, shall be entered in a book or books to be kept by an officer of such Insti- tution, to be appointed for that purpose, and shall be open at all seasonable times for the inspection of the persons making deposits in the funds of such Institution ; nor unless such rules, orders and regu- lations shall be fairly transcribed on parchment, and such transcript shall be deposited with the Clerk of the Peace for the District wherein such Institution shall be established ; and such transcript shall be filed by such Clerk of the Peace, with the rolls of the Session of the Peace in his custody, without any fee or reward to be paid in respect thereof; but nothing herein contained shall extend to prevent any altera- tion in or amendment of any such rules, orders or regulations so entered and deposited and filed as aforesaid, or the repealing or annulling the same or any of them, in the whole or in part, or making any new rules, orders or regulations for the management of any such Institution, in such manner as by the rules, orders and regulations of such Institution shall from time to time be pro- vided ; but such new rules, orders or regulations, or such altera- tions in, or amendments of former rules, orders, or regulations, or 278 * any 4 ft 6 Vict. BAYIKOB* BAITKB PUBLIC ACT. Gap. 32, 1841. No Institution tohavethe benefit of this Act unleea it is provided Iqr the rules, that no Treasurer, fto, shall have any W neflt from any deposit, and nai been sworn. any order annulling or repealing any former rules, orders, or re* gnlations, in the whole or in part, shall not be in force until the •ame, respectively, shall be entered in such book or books, as aforesaid, and a transcript or transcripts thereof shall be deposited with such Clerk of the Peace, as aforesaid, who shall file the tame without fee or reward, as aforesaid. ni. Provided also, and be it enacted. That no mch Institution, as aforesaid, shall have the benefit of this Act, unless it shall be expressly provided by the rules, orders and regulations for the man- agement thereof, that no person or persons being Treasurer, Trustee or Manager of such Institution, or having any control in the management thereof, ghall enter upon the duty of his ofnce, unless he has taken an oath before any one Justice of the Peace, who is hereby author- ized and required to administer the same, to the faithful discharge thereof, nor shall derive any benefit from any deposit made m such Institution, but that tho persons depositing money therein shall have the sole benefit of such deposits and the produce thereof, according to such rules, orders and regulations as shall have been or shall be established for that purpose as aforesaid, save only and except such salaries and allowances or other necessary ex- penses as shall, according to such rules, orders and regulations be provided for the charges of managing such Institution, and for the remuneration to officers employed in the management thereof, exclusive of the Director or Directors, Trustee or Trustees, or other persons having direction in the management of such Insti- tution, who shall not directly or indirectly have any salary, allow- ance, profit or benefit whatsoever therefrom, beyond their actual expenses for the purposes of such Institution. IV. And be it enacted. That all rules, orders and regulations from time to time made and in force for the management of any such Institution, as aforesaid, and duly entered in such book or books as aforesaid, and deposited with such Clerk of the Peace as aforesaid, shall be binding on the several Members and Officers of such Institution, and the .several depositors therein, all of whom shall be deemed and taken to have full notice thereof by such entry and deposit, as aforesaid, and the entry of such rules, orders and regulations in such book or books, as aforesaid, or the transcript thereof, de- posited with such Clerk of the Peace, as aforesaid, or a true copy of such transcript examined with the original, and certified as a true copy, shall be received as evidence of such rules, orders and regulations, respectively, in all cases, and no certiorari shall be brought or allowed to remove any such rules, orders and re- gulations into any of Her Majesty's Courts of record ; and every 279 copy Bules to 1)6 bind' ini; on the several members and oifl- cers of the Insti- tution, and of th« several depositort and their repre- sentatives, and to be received in evi- dence in all Courts of record. 4 A 6 Vict. BATHrOS* BAJ7K8 PUBLIC ACT. Cap. 82, 1841, TreMurer may, If required, be bound with aura- Uet for the (Uth> All execution of hlatnut. copy of any such transcript deposited v/ith any Clerk of the Peace, fts aforesaid, shall be made without fee or reward, except the actual expense of making such copy. y. And be it enacted, That if any Treasurer or Treasurers, or other officer or officers, or other person whatever, who shall be entrusted with the receipt or custody of any sum or sums of money subscribed or deposited for the purposes of such Institution, or any Interest or Dividend from time to time accruing thereby, shall be required by the rules or regulations of such Institution to become bound with sureties for the just and faithful execution of such office or trust, in such sum or sums of money as shall be required by the rules, orders and regulations of such Institution, such security shall and may be given by bond or bonds to the Clerk of the Peace for the District, where such Institution shall be established for the time being, without fee or reward ; and in case of forfeiture, it shall be lawful for the persons authorized for that purpose by the rules, regulations and orders of such Institu- tion, to sue upon such bond or bonds in the name of such Clerk of the Peace for the time being, and to carry on such suit at the costs and charges, and for the use of the said Institution, fully iiv> demnifying and saving harmless such Clerk of the Peace from all costs and charges in respect to such suit All monies, Ac, VI. And be it enacted, That all monies, goods, longiJItot^e'in- chattels and effects whatever, and all securities fte^iSteM of ^^^ money or other obligatory instrument, and evi- ffihettaeSe" dences or muniments, and all other effects what- fw thi benefit of evcr, and rights and claims belonging to or had by SdffiSSSSt- such Institution, shall be vested in the Trustee or ive depositors, &c Trustces of such Institution for the time being, for the use and benefit of such Institution and the respective deposi- tors therein, according to their respective claims and interests!, and after the death or removal of any Trustee or Trustees, then in his or their Successor or Successors, for the same estate and interest, as the former Trustee or Trustees had therein, and sub- ject to the same trusts, without any assignment or conveyanoe whatever, except the transfer of stocks and securities ; and also shall, for all purposes of action or suit, as well criminal as civil, in law or equity, in anywise touching or concerning the same, be deemed and taken to be, and shall in every proceeding (where necessary) be stated to be the property of the person or persons appointed to the office of Trustee or Trustees of such Institution for the time being, in his, her or their proper name or names, without further description ; and such person or persons shall and they are hereby, respectively, authorized to bring or defend, or cause to be brought or defended, any action, suit or prosecution, criminal as well as civil, in law or equity, touching or concerning 280 the 1, 1841, Peace, jpt the jurer or r other dth the money ition, or thereby, jtitution Lecution shall be ititution, 3 to the ion shall ; and in rized for I Institu- ch Clerk lit at the , fully inp from all 3s, goods, securities and evi- its what- ►r had by 'ustee or leing, for deposi- interests, es, then Itate and land sub- Iveyanoe md also is civil, le same, (where I persons ^titution names, lall and Ifend, or lecution, Icerning the 4 & 6 Yiot. IATHTOB' BA5KB PUBLIC ACT. Cap. 82, 1841, the property, right or claim aforesaid, of or belonging to or had by such Institution, and such person or persons so appointed, shall and may in all cases concerning the property, right or claim aforesaid, of such Institution, sue and be sued, plead and be im- deaded, in his, her or their proper name or names, as Trustee or Trustees of such Institution without other description ; and no such sui!;, action or prosecution shall be discontinued or abated by the death of such person or persons, or his or their removal from the office of Trustee or Trustees, as aforesaid ; but the same (diall and may be proceeded in by the succeeding Trustee or Trustees in tne proper name or names of the person or persons commencing the same, anv law, usage or custom to the contrary notwithstanding : and such succeeding Trustee or Trustees shall pay or receive like costs as if the action or suit had been com- menced in his or their name or names, for the benefit of, or to be reimbursed from the funds of such Institution. All persons hav- ing received mo- nies belonidnR to the Institution to account for the same. YII. And be it enacted. That all and every \^r- 8on or persons who shall have received, or may hereafter receive, any part of the monies, effects or funds of, or belonging to such Institution, or shall in any manner have been, or shall be intrusted with the disposition, management or custody thereof, or of any securities relating to the same, his, her or their heirs, executors, adminis- trators, curators and assigns, or other legal repiesentatives, res- pectively, shall, upon demand made in pursuance of any order of the committee of such Institution, or of any other delegated authority as aforesaid, or at any general meeting of the Mana- gers thereof, give in his, her or their account or accounts to such committee or other authority as aforesaid, or to such general meeting of the Managers of such institution, or to such other person or persons who shall be nominated to receive the same, to be examined and allowed or disallowed by the said Committee or Managers, respectively ; and shall on the like de- mand pay over all the monies remaining in his or their hands, and assign and transfer or deliver all securities, effects, books, papers, or funds taken or standing in his or their name or names, as aforesaid, or being in his or meir hands or custody, to such person or persons as the said Committee or Managers of such Institution shall appoint ; and in case of any neglect or refusal to deliver such account, or to pay over such monies, or to assign, transfer or deliver such securities, effects, books, papers or funds in manner aforesaid, it shall be lawful to and for the Trustee or Trustees of such Institution, for the time being, to exhibit a peti- tion to the Justice of the Superior Court, having Civil Jurisdic- tion in the District wherein such Institution shall be established, who shall and may proceed thereupon in a summary way, and make such order therein, upon hearing all parties concerned, as 281 tH 4A6 Vict. ■JlTikob' Bjunu FUBLXO ACT. Cap. 82, 1841. ( Trustees mw in- rest monies in wiy incorporated Bank ; but not with a private Banker or on per« •onal security. to such Court in their discretion shall seem just, which order shall be final and conclusive; and all assignments, sales and transfer made in pursuance of such order, shall be good and effectual in Law, to all intents and purposes whatsoever. jhnopwty In Sav- VIII. And be it enacted, That all property, rights, ^ondV heirs, titles, privileges and immunities which shall arise eiecutors, 4c. q^ accrue to any person or persons under this Act, shall pass and descend to the heirs, executors, administrators, or assigns of such person or persons, or to the curator of the estate or other legal representative of such person or persons, according to the Law of the part of the Province, relating to real or perso. nal estate in whicn any such Savings Bank shall or may bo established. IX. And be it enacted. That it shall be lawful for the Trustees to invest any monies not exceed- ing three quarters of the whole sum deposited in such Institution, at any one time, which shall come into their hands by virtue of this Act, in any De- bentures issued under the authority of any Act of the Provin- cial Parliament of either of the late Provinces of Upper or Lower Canada, or of this Province or in any Bank Chartered by any Act of the Legislature of either of the l&te Provinces of Upper or Lower Canada or other public security in this Province, therein to avail for the purposes of this Act ; out it shall not be lawful for the said Trustees to invest any sucK monies upon per- sonal security ; such sum or sums of money only excepted as shall from time to time remain in the hands of the Treasurer or Treasurers, to meet the necessary expenses and exigencies of the Institution, which may be vested in such personal securities ; and should it appear upon due examination at the general or annual meeting of the Trustees duly called for the mspection of the Accounts of any such Savings Bank that after payment of, or after due provision is made for the liquidation of all debts or de- posits, and all interest due to, or arising thereupon, to depositors or others, there will be any surplus profit or interests, it may be appropriated, and paid over to any charitable Institution in this Province by Law established or incorporated : Provided that the vote to make such appropriation be carried in the affirmative by not less than three-fourths of the Trustees present at the meeting. X. And be it enacted. That where provision shall be made by one or more of the general rules, orders or regulations of any such Institution, and filed as hereinbefore required, for a referrnce by arbitration of any matter in dispute between any such Institution, or any person or persons acting under them, and any individual depositor therein, 282 or Where no pro- Tision is ni»io by any gonoral rule, Ac. matters in dispute may be submitted to Arbitrators and the award shall be final. . 82, 1841. lich order sales and good and er. rty, rights, ihall arise r this Act, itrators, or le estate or , according %\ or perso. )r may be 1 be lawful not exceed- lepositod in 1 shall come in any De- the Provin- f Upper or bartered by Provinces of lis Province, shall not be IS upon per- sxcepted as 'reasurer or tncies of the jurities ; and il or annual ition of the ment of, or lebts or de- depositors |, it may be ition in this led that the rmative by le meeting. provision Ineral rules, klution, and Verfnce by jtwecn any jions acting tor therein, or 4 ft 6 Vict. 8ATXH08* BAKU PUBLIC JLOT. Gap. 32, 1841. Wlicnovor k transcript of the rulo8, Ac. Rhall to deposited with the Clerk of the Peaoc for the District where auch Institution ia established, such transcript shallbesiKneoby two Trustees of such Institution. or any executor, administrator, next of kin, or creditor of any deceased depositor, or any person claiming to be such executor, administrator, next of kin, or creditor, then and in every such case the matter so in dispute shall be referred to such arbitrator or arbitrators as shall have been named according to the general rules, orders or regulations of such Institution ; and whatever award, order, or determination shall be made according to the true purport and meaning of the rules, orders and regulations of such Institution, shall be binding and conclusive on all parties, and shall be final to all intents and purposes, without any appeal. XI. And be it enacted, That whenever a tran- script of the rules, orders and regulations for the management of any Institution requiring the benefit of this Act, shall have been, or shall be deposited with the Clerk of the Peace for the District wherein such Institution shall be estab- lished, pursuant to the directions of this Act, such transcript shall be signed by two Trustees of such Institution, and shall, by such Clerk of the Peace, be laid before the Justices of the Peace for such District, at the General or Quarter Sessions next after the time when such transcript shall have been so deposited ; and it shall be lawful for such Justices then and there present, afler due examination thereof, to reject and disapprove of such part or parts thereof, as shall be repugnant to the true intent and meaning of this Act ; and to allow and confirm the said transcript, or such part or parts thereof, as shall be conformable to the true intent and meaning of this Act : Provided always, that such Justices, shall signify such rejection or disapproval of any one br more of the rules, orders and regulations contained in such transcript, by the words "rejected," or "disapproved," written opposite such rule or rules, order or orders, regulation or regulations, and signed by the Chairman of such Sessions ; and such rule or rules, order or orders, regulation or regulations, as shall be so rejected or disapproved of, shall not be in force from the time of such rejection or disapproval ; any thing in this Act, or in any such rules, orders, and regulations to the contrary notwithstanding : Provided always, that the Clerk of the Peace do, within the space of ten days next after such rejection or disapproval, give notice thereof in writing to the two Trustees of such Institution by whom the transcript of such rules, orders and regulations shall Lave been signed, as aforesaid. XTI. And be it enacted, That the said Trustees shall not receive on deposite, lor the use and benefit of depositors, any larger sum than five fi^ "a uepc^?* hundred pounds, at the same time, of any one depositor other than a religious or charitable Corporation. 283 XlJl. No depositor to have more than « TniiteMtolajr* latum. 14 A 15 Yiot. BATuroi' bavki act ooHmruii). Cap. 05, 1851. XIIJ. And be it enacted, That within the first fiAeen days of each Session of the Legislaturo the said Trustees shall lay before the three Brii..ohet thereof, a detailed account of the number of depositors, the total amount of deposites ; the amount invested in Bank Stock, specifying th« names of such Banks ; the amount cfeposited with Banks on interest ; the amount secured by Bank Stock, specifying the name of such Banks, the amount vested in public security, or loaned on the pledge of such public security; specifying the nature of such puollo security ; the amount of j^g^^^^^^, cash in hand ; the total accrued interest lor t';e year, and the annual amount of the e:^ tenses of the Institution ; all of which shall be sworn to by the 1 1'^anirer ; and the Trustees or a minority of them shall n ^ke oatti, that the said return is correct according to the bost f Uieir know- ledge and belief. XIY. And be it enacted, That this Act shall continue and remain in (brce during ten years, from and afler the passing thereof, and from thence until the end of the then next ensuing Session of the Legislature, and no longer. Pubu Act ^^" "^"^ ^^ ^' enacted, That this Act shall be ° ' deemed a Public Act, and shall be judicially taken notice of as K'lch, by all Judges, Justices, and other persons whomsoever, without the same being specially pleaded. Duimtion of Act. SAVINGS' BAMS ACT CONTINTJED. CAP. LV. AN ACT TO CGNTINIJB POB A LIMITED TIME AN ACT INTITTJIJRD, AN ilCT TO ENCGUBAOE THE E8TABLI8HME ' " Oi* ;. :, ' . iuiSQULAli. SAVINGS BANKS IN THIS PBOYINOB. [Assented to, ZOth August, 1851.] WHEREAS in and by the Act of the Parlia- ment of this Province passed in the thereof held in the fourth and fifth years of Her Majesty's Reign, intituled. An Act to encourage the * *8 Vict., c. 32, establishment of and regulate Savings Banks in this Province, it is amongst other things enacted, That the said Act should continue and remain in force during ten 284 years Preamble. :.^ssion (5, 18S1. the iint turr the Jriu.whea nber of [es; the ^ing th« ted with by Bank kt vested security; mount of jt '' T I'e |)QU9i.S of ronsnrer ; mtti, ihat ir know- Act shall ;en years, ) until the re, and no ;t shall be ally taken r persons 12 Vict. izosAiroi AVD voTKi' ACT, (o. I.) Cap. 22, 1849. m AN ACT TO fGS BANKS I, 1851.] le Parlia- in the of Her luragc the \ks in this Ited, That ^ring ten years yean from and after the passing thereof, and from thence until Che end of the then next ensuing Session of the Legislature, and no longer * and whervas it is expedient that the said Act should be Airther c"<»• Eirties, it shall not be necessary afterwards to present the said ill for payment, or if such presentment be made to give notice of the dishonour. IX. And be it enacted, That the duty of noting ^bcommisrioB- and protesting Bills and protesting Notes shall be Note^and protest performed in Lower Canada by the Public Nota- K.-oft^*° ries for Lower Canada; and every protest shall tary sufficient. be made in duplicate by one Notary underneath or on the back of a copy of the Bill or Note and its endorsements ; and no second or countersigning Notary, and no witness, shall be deemed neces- sary for the perfecting of any act of noting, protesting, or notice made or given by such Notary ; any law, usage or custom to the contrary notwithstanding. X. And be it enacted. That every noting for non-acceptance of a Bill shall be made under- neath, or be endorsed upon the back of a copy of the Bill and endorsements, and filed and kept upon record by the Notary noting the same ; and upon every Bill noted or protested for non-acceptance, and every Bill or Note protested for non-payment, the protesting Notary shall write, print or stamp the words *' noted for non- acceptance,'* or •• protested for nouracceptance," or " protested for non-payment," (as the case may be), with the date of the noting and protest, and his fees and charges, and shall subscribe thereto his initials, and the usual initial letters designating his office : Provided always, that when a Bill noted p^^^ for non-acceptance shall afterwards be protested for non-payment, it shall not be necessary to extend a protest for non-acceptance, but the noting and the date thereof, with the name of the Notary by whom the noting was effected, shall be stated in the body of the protest for non-payment XI. And be it enacted. That notice to any party g^r^ge of no«oe entitled thereto, of the protest for non-acceptance ofpro^tfornon- or for non-payment, shall be deemed sufficient U* n^-p^n^n? such notice be given to such party personally or '"*''°'**** at his residence, office or usual place of business ; and in case of death or absence at his last residence, office or place of business, or if the said notice directed to such party be deposited in the nearest Post Office conununicating with the residence or office or 387 plaee No ing for non- acceptance of a BUI to be made underneath or on back of copy of BUI. As to notes pro- tested. 12 Vict. iTcmsQia Ajsn itotxb* act, (o. x.) Cap. 22, 1849. Mm ffi place of business aforesaid of such party, and the postage thereon oe pre-paid ; and like notice given to the duly appointed and no- tified assignee of the bankrupt estate of any bankrupt party liable on any Bill or Note, shall be as valid and effectual as if such notice had been given to the bankrupt personallv, or at his resid- ence, office or usual place of business, or through the Post Office Proviso u to as aforesaid ; Provided always, mat in such cases, b»nkrupt»« the Bill shall have been drawn or endorsed, and the Note shall have been endorsed by the bankrupt, before the issuing of the commission of bankruptcy against him. DapUcate protest XII. And be it cnactcd, That the duplicate pro- bef!5»^&«** test and duplicate notice aforesaid, with the ser- eridenoe fn 0. B, vicc of such notice duly attested under the signature ^' of the protesting Notary, shall be deemed and taken by all Courts and by all persons, and in all places within Lower Canada, to be primd facie evidence of the truth of the the matters in such protest and notice and service thereof re- spectively set forth as matters of fact ; and the same faith and credence shall likewise be given to all copies of the same, attested in like manner to be true copies of the originals thereof remaining of record in the protesting Notary's office. giiorNoteiw- XIII. And be it enacted. That every Bill and place! to iNi^ro. Note, payable at such Bank or other place, shall mStatttuS'" ^® presented for payment at such Bank or place place. only ; and every Bill and Note payable generally, shall at maturity be presented to the acceptor or maker, either personally or at his then residence or office or usual place of busi- If payable genera Qcss ; or if presentment for payment of any such >^* Bill or Note payable generally, cannot be made to the maker or acceptor as aforesaid, by reason of his absence, and not having any known residence or office or place of busi- ness, at or in the place where his Acceptance or Note bears date, by reason of his death, then such presentment for payment of any such Bill or Note shall be deemed good and sufficient if made at the residence or office or usual place of business of such acceptor or maker, or at his last known residence or office or usual place of business, in the said place where the Acceptance or Note bears date. Unpaid Bms may XIV. And be it enacted. That if at the expira- the^e^rationof tion of the forcnoou of the last day of grace any thlffcSSTof' Bill or Note shaU be unpaid, the holder thereof enoe< may cause the same to be duly presented for pay- ment, and in default thereof to be protested for non-payment ; Proviso. Provided always, that no presentment and protest for non-payment of any Bill or Note shall be suffi- oient to charge the parties liable on such Bill or Note, unless 288 r-^'* such 12 Vict. BXOHAITGB AND JTOTEs' i«-« / . « acceptor op maker toward?tL if }T^'^'^y °^ such '^'^fao- the estate of the a<»J^tor "r^Xr "f 'P"" .'o "P^-SWr under a commission of baiX,^. • ^ a'ofesaid, «»">e..ia?p,. sentment for paymem of such g 7„'T*? "^"'"^ hi"^ the pre- Ict^fr"^'' P^-^^^Cr a hfe^^i'''"*^ be madeeiC place of busmess,or to thn «..;» residence or office or n«,«i or office or "sual pla<^ rf b^SPrr*"'? orat his «S^ be as valid and efectual m ff th^; *"'' ""''' Presentment S to the bankrupt personal v^rVtvP""^?"*'" had been made place ofbusiiess, l?SvLd t2' '*"<'?»«8 or office or S acceptance of the BillTihe m 7 ^'i ""at the _ "*' raall have been e&eterf w "^^"^ "^ the Note '*°*» a^nst such aocl^ mlt. "•" '"-"^ "^ ^'h commission "0tic?-of^X.t"fornoJrlJ'»t any service of , Bm shall ttti for"'l^' '''«' '-henever any t? be made upon any partv hIw 'Sf °'^"'« »*"« Tided a^wavs. tl.». £i5 ^ "able thereon ; Pro. *all afterast'p^stTed'LT ^"' '""^^ ™--«" notice of such protSt sh»li .i ''°";P*y'»o'>t. the '"'""^SSt «?««« for non-SXS^'indXn ""^^ 1"' '"^ °f &« P<«viou. Bill the same right to re^C/l^T^K^''* '^« holder of any S they had been ^y^r^fy^Zd^^^^^^^'i^b^' the.«oM XVnr. And be it enacted Th^T """"^ *"«"'• and charges menU™!j • !!' h?' the several fees giWoinei'^^ra^h^^r'the j™t::«:'"'* r «"■» ^«^ ?S'»°ss^»- BUbandNo.eM|etheteC|^-^:| S»IS!- B upon Not requisite to senre notice of notinff for non- acceptance. ^^^iso: if after, wards protested ror non-paymeot. If]] 12 Vict. EXOHAiroE asm irorxs' act, (o. x.) Gap. 22, 1849. Pi I f ! upon notices deposited at any Post Office as herein provided for, shall and may be claimed from the holder of the Bill or Note by the Notary or Justice performing such duties, and shall be reco- vered from>such parties thereto as shall be liable for payment of the same. Penalty on an un- XIX. And be it enacted, That every person who Si** w-^'^S. ^^^^' represent himself to be a Notary for or Justice lag Bfik'iwd ^ ' of the Peace in Lower Canada, and who shall act ^'**** at such in and about the protesting of a Bill or Note, or in and about the noting of a Bill, not bein^ such Notary for or Justice in Lower Canada, and being convicted thereof, shall be deemed and taken to be guilty of a misdemeanor, and shall be punished by imprisonment for the space of not more than six months. Justice* of the XX. And be it enacted, That in places where th^we no No. the holder of a Bill or Note shall be prevented Ste^ArS fron* employing a Notary, by reason of their being fiuis and Notes, none resident practising therein, or by reason of the absence or disability from sickness or otherwise of such No- tary, it shall be lawful for any Justice of the Peace duly commis- sioned aud sworn in Lower Canada, to make such noting and protest and to gi\re notice of the same ; and all such acts done by any such Justice shall have the same force and virtue as if Prwiso- facts to *^® Same had been done by a Notary ; Provided be stated in the that such Justico shall State and set forth in the *''°*®*''*^ body or preamble of such protest, the particulars and reasons wherefore the same could not be done and performed by a Notary ; and a certificate and duplicate copy of such protest or noting, containing such reasons, under the hand and seal of such Justice, shall be deemed and taken to be sufficient proof in any Court in Lower Canada of the truth thereof. SS?w?tt XXI. And be it enacted, That in the discount- retaiaeu at tune , _ -i-j.n -mT • i hi ■ /^ > r oTdiaoovinting. mg of any Bill or Note, it shall be lawful for any person to retain, receive or chaige the amount of *he discounter interest upon the principal sum therein specified at the time the saone shall be discounted or received. oomndssion m^ XXII. And be it enacted, That it shall be lawful StiOT^^cteSnt for any person who shall discount or receive any inoartaincaaes. Bill or Note payable in Lower Canada, but at a distance from the place wherein the same shall be discounted or received to charge, retain or receive over and above the legal in- terest upon any such Bill or Note, a conmiission sufiicient to de- fray any agency, expense or exchange attending the collection thereof; and the holder shall, notwithstanding such commission, have the same right to recover the full amount of any such Bill or Note, with any interest thereon accrued after maturity and pro- iidO test '^^•Cl^u'''''^^^*^'<'^-'^JS'r'^ '««' been into the hands rfper^r^fr- »«S»«''We »ec„t,SJ" ""^ be dravra or mS. »ft ".l^'" <"" Note thatlhaf '"<;rf>-"^ii. *"«. though "^; 2lve ?' P'^''"^ of 'h^ Ac »W^i o«s oonjidfmtioTor ul'T,? .?""? ^'^ » °»"ri- «fe?,C «^ea^'bearerfor™i°^1 P"™" ^h" shiu ha^f"'?"' ^^ Of bearer SraMhr^"*"^^''°*'''^'a«on, nnllTc. l^^ "» ration for tbe',aL^!.'T, 'f ^^^ounting or TyZT\ ™''°"« ■"W'ous cont4?t. ' *° """"»•« """'Weration or upM^ J^/Y-AndbeitenaiedThaf ^^^" ' a>Ki claim founded npOT a Rill Vr"*'«'ya««on r * fee name or SeH smIT <>^^'^ ^'''Sn -^^S"™" i°W to bail, and inThe Writ or Pm'"®""*'!.' » ''^^T affidavit to ^ the absenceof suchlaws toThi I ''''^ there,and b^t^aS^ m force at the time of fhrA-^*^^°^ England ,*"*})« "^/dtSi" 12 Yict. EXCHA50B AlTD VOTES* ACT, (O. E.) Cap. 22, 1849. Prariao. always, that Bills or Notes made or endorsed by persons not traders shall be subjected, in matters of proof thereon, to the said laws of England ; and provided always, that nothing herein contained shall be construed to debar the parties to such actions and claims, from examining each other upon of interro- §atories sur fails et artickSf or upon the serment dicisoire^ or to ebar the Judges of the Courts from deferring to any of the par- ties to such actions and claims, the oaths known as the jura- mentum judiciale, or juramentum suppletorium, and the jura- mentum in litem. What shall bo holy-days under thiaAct. Interpretation clause. XXVI. And be it enacted, Thflt none other than the New Year's or Circumcision day, the Epiphany or Twelfth day, Annunciation day, Good Friday, As- cension day. Corpus Christi day, St. Peter and St. Paul's day. All Saints' day. Conception day, and Christmas day, the anni- versary of and day fixed to celebrate the birthday of our Sove- reign, and any day appointed by Royal Proclamation or by Pro- clamation of the Governor General or Person administering the Government of this Province, for a Solemn Fast or as a day of Thanksgiving, shall be deemed and taken to be a holy-day within the meaning of this Act. XXVn. And be it enacted, That wherever in this Act, with reference to any person, matter or thing, any word or words is or are used, importing the singular number or the masculine gender only, such word or words shall be understood and construed to include several persons as well as one person, females as well as males, bodies politic or corpo- rate as well as individuals, and several matters or things, as well £ts one matter or thing, unless it be otherwise specially provided, or there be something in the subject or context repugnant to such construction. XXVIII. Repealed, (See Section I. of the General Banking Lawy page 251 in this work.) r^ XXIX. And be it enacted, That the several notings, protests, notices thereof, and services of notice hereinbefore mentioned, shall be in the forms of the several Schedules of forms to this Act subjoined. A BUI drawn XXX. And whcrcas it is expedient to make pro- able in a E.'^be vision for certain particulars in Foreign Bills of ffiS*cSt£? Exchange ; Be it therefore enacted. That all Bills particulars. drawn abroad upon any person in Lower Canadar or payable or accepted at any place within Lower Canada, shall, as to all parties resident therein and liable on such Bills, be sub- jected to the provisions of this Act with respect to the days of gi*ace for payment of the same, and commision and interest 292 thereon, Forms tobo those in the Schedules. £2, 1849. arsed by thereon, nothing I to such interro- ire^ or to ■thepar- [he jura- the "^jura- one other day, the riday, As- •aul's da}% the anni- our Sove- or by Pro- stering the iS a day of day within irherever in n, matter or jihe singular hvords shall >ns as well ic or corpo- igs, as well ly provided, lant to such il Banking [the several services of Irms of the J make pro- Sen Bills of aat all Bills yer Canada, inada, shall, [ills, be sub- Ithe days of |nd interest thereon, 12 Vict. zxoHAKOB Ain> kotib' ACT, (o. B.) Gap. 22, 1849. thereon, and both noting and protesting of such Bills for non-ac- ceptance, and non-payment, and the notification and service of such protest. XXXI. And be it enacted, That all Bills, JS»*'S|i^' "•. whether Foreign or Inland, and all Notes, due and abicfino. e. '^' payable in Lower Canada at the time when this Act shall como mto force, shall be held and taken to be absolutely p.^id and dis- charged if no suit or action is brought thereon, within five years next after the day on which such Bills or Notes shall become due and payable, and all such Bills and Notes made and not due when, or to be made after this Act shall come into force, shall be held and taken to be absolutely paid and discharged if no such suit or action is brought thereon, within five years after the day on which such Bills or Notes shall become due and payable. XXXII. And be it enacted. That this Act shall commence and take efiect on and from the first day of August next after the passing thereof. Gommenoemeak of this Act> See Bills of Exchange Act, amended, 14 & 16 Yict., cap. 62, 1851, page 299 in this work. SCHEDULES. FEES AND CHARGES. S. D. 5 2 5 For presenting and noting for non-acceptance, any Inland Bill of Exchange, and keeping the same on record Copy of the same when required by the holder. , . . . . For protesting for non-payment, any Inland Bill of Exchange or Promissory Note, and putting the same on record For making and furnishing the holder of any Bill or Note, with duplicate Copy of any protest for non- acceptance or non-payment, with certificate of service and copy of notice served upon the drawer and endorsers * * * ■ For every Notice, including the service and recording copy of the same, to an endorser or drawer Exclusive of actual travelling expense incurred by the Notary for travelling one mile from his residence, and two shillings and sixpence for his professional services, if within one league, five shillings, if within two leagues, and seven shillings and six- pence, if within any further distance. * 293 No.l 2 6 2 6 Pi ^^m '■ 12 Viot. IXCHAHOS AVD VOTIB* ACT, (c. E.) Cap. 22, 184(9 No. 1. NOTING FOR NON-ACCEPTANCE. {Copy of Bill and Endorsements.) On the 18 , the above Bill was by me, at the request of , presented for acceptance to E. F., the drawee, personally (or, at his residence, office or usual place of business in the city, town or village of ,) and I received for answer, '* " ; The said Bill is ther^tOre noted for non-acceptance. A. B, Not. Pub. , 18 . Due notice of the above was by me served upon i n ' n*' ( »^ i fnSr, i VO'oor^h, on the day of {or, at his residence, office or usual place of business in ,) on the day of ^ , {or, by depositing such notice, directed to him at , in Her Mzyesty's Post Office in this city, town or village, on the day of , and pre-paying the postage ther($on.) A. B., Not. Pub, , 18 . - No. 2. Protest for non-acceptance or for non-payment of a Bnj. payable generally. {Copy of Bill and Endorsements.) On this day of in the year 18 , 1, A. B., Notary Public, for Lower Canada, dwelling at ; in Lower Canada, at the request of did exhibit the original Bill of Exchange, whereof a true copy is above written, unto E. F., the j ^^^^ [ thereof, personally, {or, at his residence, office or usual place of business ,) and, speaking to himself {or his m wife, his clerk, or his servant, &c.,) did demand j ^^^!?ent^^ thereof; unto which demand j ^ [ answered," ." Wherefore I, the said Notary, at the request aforesaid, have protested, and by these presents do protest against the acceptor, 294 drawer 12 Yiot. xxoiLiirax avb votu* act, (c. s.) Cap. 22, 1848. drawer and endorsers {or^ drawer anu endorser) of the said Bill, and other parties thereto, or therein concerned, for all exchange, re«exchange, and all costs, damages and interest, present aod to come, for want of j pay^^jr^ | °^ ^**® ^'^ ^"^• All which I attest under my signature. (Protested in duplicate.) A. B., Not. Pub. No. 8. Bill Protest for non-acceptance or for non-payment c at a specified place. {Copy of Bill and Endorsements.) On this day of in the year 18 f If A. B., Notary Public for Lower Canada, dwelling at in Lower Canada, at the request of , did exhibit the original Bill of Exchange whereof a true copy is above written, unto E. F., the J ^Q^r^f q- ( thereof, at , being the specified place where the said Bill is payable, and there, speaking to , did demand \ p^^^ent^^ I °^ ^^® ^^^^ ^'" ' ^^^^ ^^^^^ demand he answered, " .'' Wherefore I, the said Notary, at the request aforesaid, have protested, and by these presents do protest against the acceptor, drawer and endorsers, {or, drawer and endorser) of the said Bill, and all other parties thereto, or therein concerned, for all exchange, re-exchange, and all costs, damages and interest, present and to come, for want of-< navment^^^ ( ®^'^® ^^^^ ^*^^' All which I attest under my signature. (Protested in duplicate.) A. B. Not. Pub. No. 4. Protest for non-payment of a Bill noted, but not protested, for non-acceptance. If the Protest be made by tJie same Notary who noted the bill, it should immediately follow the act of noting and memorandum of service thereof, beginning with the words " And afterwards, on, &c.," continuing as in the last preceding form, but introducing 295 between 12 Vict. XZCSAVOI AlTD VOTXB' ACT, (0. 1.) Gap. 22, 1840. m I between the words ** did exhibit/' the word ** again ;*' andf in a parenthesist between the words *' written unto," the words {** and which Bill was by me duly noted for non-aoceptance on the day of last.") But if the Protest be not made by the same Notary, then it should follow a copy of the original Bill and endorsements and noting marked on the Bill^ — and then in the Protest introduce in a parenthesis, between the words " written unto," the words (" and which Bill was on the day of last, by , Public Notary for Lower Canada, noted tor non-acceptance, as appears by his note thereof marked on the said Bill.") No. 6. Fbotest for non-payment of a N< te payable oemeballt. ^ {Copy of Note and Endorsements.) On this day of in the year 18 > I, A. B., Notary Public for Lower Canada, dwelling at , in Lower Canada, at the request of did exhibit the original Promissory Note, whereof a true copy is above written, unto the promissor, personally, {or, at his residence, office or usual place of business in ,) and speaking to himself, {or his wife, his clerk, or his servant, &c.,) did demand payment he thereof; unto which demand she answered, " Wherefore I, the said Notary, at the request aforesaid, have protested, and by these presents do protest against the promissor and endorsers of the said Note, and all other parties thereto or therein concerned, for all costs, damages and interest present and to come, for want of payment of the said Note. All which 1 attest under mv signature. (Protested in duplicate.) A. B., Not. Pub. No. 6. Pbotest for non-payment of a Note payable at a particular place. ( Copy of Note and Endorsements.) On this day of in the year 18 > I, A. B., Notary Public for Lower Canada, dwelling at , in Lower Canada, at the request of did exhibit the original Promissory Note whereof a true copy is above written, unto . 296 the 12 Vict. ZXOnAVOI AlTD VOTXB* ACT, (O. 1.) C 22,184 the promissor, at , being the particular plaee where the said Note is payable, and there, speaking to did demand payment of the said Note ; unto which demand, he answered, " .'* Wherefore I, the said Notary, at the request aforesaid, have protested, and by these presents do protest against the promissor and endorsers of the said note, and all other parties tnereto, or therein concerned, for all costs, damages and interests, present and to come, for want of payment of the said Note. All which I attest under my signature. (Protested in duplicate.) A. B., Not. Pub, No. 7. Notarial Notice of a Noting, or of a Protest for non>acceptance, or of a Protest for non-payment of a Bill. {Place and date of Noting or of Protest.) 1st. * To P. Q., {the drawer.) , at Sir, Your Bill of Exchange for £ , dated at the upon E. F., in favor of C. D., payable days after ! ^'^. * f was this day, at the request of i | J , ( noted ) v„ ^^ 4. . ( non-acceptance. ) ^"^y protested i ^^ '"^ ^^' \ non-payment. 1 A. B., ' ' Not. Pub. {Place and date of Noting or of Protest.) 2nd. To C. D. (endorser,) (or F.G.) at ' Sir, Mr. P. Q.'s Bill of Exchange for £ dated at the upon E. F., in your favor {or in favor of C. D.,) payable days after J ^*^. ' I and by you endorsed, was this day at the request of , duly S ''''^f . J by me for \ non-acceptance. ) •'' I protested ( ^ ^ \ non-payment. J A. B., Not. Pub. 297 No. 8. '4. J 12 Yiot. ExonANOi aitd voni' kot, (o. i.) Cap. 22, 1840. No. 8. Notarial Noticb of Protest for non-payment of a Non. {Place and date of Protest.) To Sir. at Mr. P. Q.*8 Promissory Note for £ dated at , the payable < months > aAer date to } |P p > or order, on- and endorsed by you, was this day, at the request of duly protested by me for non-payment. A. B., Not. Pub. No. 9. Act of Notarial Service of Notice of a Protest for non-acceptance or non-payment of a Bill, or of non-payment of a Note (to be subjoined to the Protest.) And afterwards, I, the aforesaid protesting Notary Public, did serve due notice in the form prescribed by law, of the foregoing ed upon \l-%;\ the | ^^4^, (personally, on the day of , {or, at his residence, office, or usual place of bubiness in , on the day of ; or, by depositing such notice, directed to the said I ^ ■^*' | at , in Her Majesty's Post Office in this city, (town, or village,) on the day of , and pre-paying the postage thereon.) In testimony whereof, I have, on the last mentioned day and year, at aforesaid, signed these presents. A. B., Not. Piib. No. 10. Protest by a Justice op the Peace {where there is no Notary) for non-acceptance of a Bill, or non-payment of a Bill or Note. {Copy of Bill or Note and Endorsements.) On this day of , in the year 18 , I, N. O., one of Her Majesty's Justices of the Peace for the 298 District 22, 1840. Non. \ or order, \ot. Pub. -acceptance r a Note (to f Public, did he foregoing |eby protest- he , usual place P. Qm j al C. D., ( ^ [city, (town, pre-paying led day and Isents. lot. Pvh. iNotary) for )r Note. jar 18 [ce lor the District 14&l6yiot. IIOHANOf ACT, TO BXfT>4|V, (o. II ) Cap. 02, 1861. Diiltrict of , in Lower Canada, dwelling at (or near) the village of , in fhe said District, (there being no practising Notary Public resident at or near the said village, or any other legal cause,) did, at the request of ftnd in presence of , a householder in the said District, well known unto me, exhibit the original j ' j whereof ( drawer ^ a true copy is above written unto P. Q., the < acceptor > thereof, ( promissor ) personally, {or, at his residence, office, or usual place of business ID , and speaking to himself, his wife, his clerk or his servant, &c.,) did demand j ^aym^nr^ 1 ^^®^*^°^' ""*° ^^'^''^ demand j J^ j answered, " ." Wherefore I, the said Justice of the Peace, at the request aforesaid, have protested, and by these presents do protest against ( drawer and endorsers ^ ( lmi ) the < promissor and endorsers > of the said } ' > and ( acceptor, drawer and endorsers ) ( ' ) all other parties thereto and therein concerned, for all exchange, re-exchange, and all costs, damages and interest, present and to come, for want of of the said S bill, acceptance payment j «' ^"^ ^'^'^ J note. All which is by these presents attested under the signature of the said {the witness) and under my hand and seal. (Protested in duplicate.) {Signature of the witnen.) {Signature and seal of the J. P.) BILLS OF EXCHANGE ACT, TO EXPLAIN,(C.E.) CAP. LXII. i.N ACT TO EXPLAIN AND AMEND THE LAW IN CANADA EAST, BESPEOTING BILLS OF EXCHANQE. lAssented to, SOth August, 1851.1 Preamble. WHEREAS doubts exist respecting the legal effect of protests in the particular cases herein after mentioned, made in the form prescribed by the Act of this Province, passed in the twelfth year of Her Majesty's Reign, and intituled, An Act to amend the Law regulating Inland Bills of Exchange and Promissory Notes, and the protesting 299 tbere^ fi Hl-i * As to protests in cases now pending. 14 & 15 Yict. EXCHANGE ACT, TO ezplaut, (o. e.) Cap. 62, 1851. thereof, and Foreign Bills in certain caseSj and it is expedient to prevent the continuance of such doubts, and also to amend the said Act : Be it therefore enacted, &c., That not- ^d^Sefore\he withstanding the omission in any protest made ^^ingoftiiis since the passing of the said Act, of any Bill of Exchange or Promissory Note, of the statement of the period of the day in which the Protest was made, such protest shall be held and taken to have been made in the after- noon of the day of the date thereof, unless the contrary shall appear on the face of the protest ; any thing in the said Act to the contrary notwithstanding. II. And be it enacted, That any protest made made ^r t^ after the passing of this Act, in the form prescribed ^ingofthis in the said Act, shall be held and taken to have been and to be made in the afternoon of the day in which it bears date, unless the contrary shall apper upon the face of the protest. III. And be it enacted. That in any action at law, or legal proceeding pending in Court in Lower Canada for the recovery of the amount of a protested Bill of Exchange or Promissory Note, in the protest whereof the omission shall exist of the statement, that such protest was made in the afternoon of the day on which it bears date, and such action or proceeding shall be contested by reason of such omission, and no judgment shall have been therein rendered on the merits by such Court, it shall be lawful for the party prosecuting therein, or his legal representatives, to present a petition to the Court in which such action or proceeding is pending, pleading this Act, praying that the benefit thereof be allowed him, and thereupon all and every the objections based upon the omission aforesaid shall cease and have no effect, after such notice of the said petition shall have been given to the objecting party or his attorney on the record, as shaU by the said Court be deemed sufficient, and thereupon it shall be lawful for the said Court to order the ejection from the record of any plea or defence or proof thereof based upon such omission, and to order a repleader or otherwise, in the said action and proceeding, as the Court in its discretion may, on good cause shown therefor, allow, pj^^^ according to law and the practice of the said Court : ^°' Provided always, that the party contesting shall not be liable to any costs of suit if he makes payment of the said amount before notice given to him of such petition, nor in any case to the costs arising from the said Petition. IV. And be it enacted. That in any action or suit founded on a Bill of Exchange or Promissory Note, against any party> no other evidence shall be required or adduced than such as, under the Act 300 aforesaid Wliat evidence shall be required in actions on bills or notes. 13 & 14 Vict. BXTEACT TEOM THE PBOTEST ACT. Cap. 23, 1860. aforesaid of the Parliament of this Province, may be required or adduced in an action or suit founded on a Bill of Exchange or on a Promissory Note whereto all the parties are traders. y. And be it enacted, That the Notarial de- mand of payment, preliminary to the Protest of any Stlrf Amand Bill of Exchange or of any Promissory Note, beSe!"'™^ payable at a Bank, may be lawfully made at such Bank, either within or after the usual afternoon banking hours of such Bank ; any law or usage to the contrary notwithstanding. VI. Provided always, and be it enacted, That nothing herein contained shall apply to any protest of any Bill of Exchange or Promissory Note upon jj^^vei?" which any judgment of any Court of original jurisdiction shall have been rendered previous to the passing of this Act. Act not to apL . to cases wherein EXTMCT FROM THE PEOTEST ACT. CAP. XXIII. OFFICERS OF BANKS NOT TO ACT AS NOTABIES. Officers of Banks not to act as No- taries in Canada mAND be it enacted, That no Clerk, Teller, , or Agent of any Bank, shall act as a taries mcana* Notary in the protesting of any Bill or Promissory e«*' or West. Note, payable at the Bank, or any of its Agencies, in which such Clerk, Teller, or Agent is employed. IV. And for the avoidance of doubts as to the RecitoL true intent and meaning of the seventh section of the Act passed in the twelfth year of Her Majesty's Reign, and intituled, An Act to amend the Law regulating Inland Sills la Vict.c 2a. of Exchange and Promissory Notes, and the protesting thereof, and Foreign Bills in certain cases, Be it declared and enacted, That it is not and shall not be necessary under Section 7 of the the said section that the words "only, and not ~»f A«ti"t«n)re. otherwise or elsewhere," or words of like import, be inserted in the body of the Bill or Note, or in any acceptance of a Bill or Note, in order to prevent the same from being payable generally,' or the acceptance from being general ; but if in any Bill or Note, or in the acceptance thereof, the same be made payable at any stated place, it shall be understood to be made payable at such place only, and not otherwise or elsewhere, and the pro- SOl mise III! m 12 Vict. BILLS or EXOHANOE ACT, (o. w.) Cap. 76, 1849. mise or acceptance shall be held to be qualified accordingly: Proviso. Provided always, that this section shall not extend to Upper Canada. VI. And be it enacted, That from and after the passing of this Act, all Protests of Bills of Ex- change and Promissory Notes shall be taken and received in all the Courts of Law and Equity in this Province to be primd facie evidence of the allegations and facts therein set forth and contained. Protests to be prima facia evi denoe. BILLS OF EXCHANGE ACT, (C. W.) CAP. LXXVI. Preamble. AN ACT TO REGULATE THE RATES OF DAMAGES ON PROTESTED BILLS OJ EXCHANGE IN CANADA WEST. [Assented to, ZOth May, 1849.] WHEREAS it is expedient for the purposes of Commerce that the law regulating the Rates of Damages on Protested Bills of Exchange in Upper Cana- da should be better defined : Be it therefore enacted, &;c., That from and after the passing of this Act, the Rate of Sfof damage?* Damages to be allowed and paid upon the usual Sf kS*^^'"''"' protest for non-payment of Bills of Exchange drawn, sold or negociated within Upper Canada, and although the same may not have been drawn on or by any person residing therein, shall in the following cases be as follows : — First. If such Bill shall have been drawn Upon any person or persons at any place in Europe oi in the West Indies, or in any part of America not within this Pro^'incc or any other British North American Colony, and not within tne Territory of the United States, ten per cent, upon the principal sum specified in such Bill. Secondly. If such Bill shall have been drawn oSmSOTU." si upon any person or persons in any of the other British North American Colonies, or in the United States, four per cent, upon the principal sum specified in such Bill ; ititeiest to be £^nd in each and every of the for?.going cases, such aiaoaUowod. gjn ^q\[ also be subJGCt to six per centum per aimum of interest on the amount for which the Bill is drawn, to be 802 reckoned Drawn on Europe or West Indioo, &c ■n 6, 1849. •dingly : i extend ifter the of Ex- ken and Province s therein 12 Vict. BILLS Ot BXOHAHOB ACT, (c. w.) Cap. 76, 1849. W.) D BILLS Of y, 1849.] le purposes alating the pper Cana- &c., That ;he Rate of the usual jge drawn, ^nada, and Lny person ws : — [awn ilpon [Europe oi pierica not Ian Colony, per cent. len drawn I the other the United I such Bill; lases, such lentum per awn, to be reckoned Damages and interest allowed for non-pajrment of itromissory notes in certain cases. reckoned from the day of the date of the protest to ,,„ . J ^. c i L' L a. I 11 » Bywhompay- the time of repayment, which amount shall be re- aWc, and at what imbursed to the holder at the curren. rate of Ex- "^t^'^f E«»^a°««- dianee the day when the protest for non-payment shall be pro- duced and repayment demanded, that is to say : the holder of any such Bill returned under protest for non-payment, shall be entitled to demand and recover from the drawer or endorser thereof, so much current money of this Province as shall then be equal to the purchase of another Bill of the like amount, drawn on the same place, at the same date or sight, together with the damages and interest above mentioned, as also the expenses of noting and protesting the Bill^ and all other charges and postages incurred thereon. II. And be it enacted, That damages at the rate of four per cent, upon the principal sum speci- fied therein, shall be allowed and paid upon the protests of every Promissory Note made or negotiated within Upper Canada, and payable only at some place in the United States of America, or in any of the British North American Colonies except Canada, and not other- wise or elsewhere, and that such principal sum together with interest thereon at the rate of six per centum per annum, to be reckoned from the day of the date of the protest shall be reim- bursed to the holder at the current rate of Exchange of the day when the protest shall be produced and repayment demanded, that is to say : the holder of any such note returned under protest, shall be entitled to demand and recover from the maker or endorsers thereof so much current money of this Province as shall then be equal to the purchase of a Bill of Exchange of the like amount drawn on the same place at the same date or sight, together with the damages and interest above mentioned, and sdso the expense of protesting the note, and all charges and postages incurred thereon. in. And be it enacted. That when the protest of a Bill or note returned for non-payment shall, exchan^e^Vit by the holder thereof, be notified to the drawer, ^^"J^^^, maker or endorser in person, or in writing delivered to a grown person at his or their counting house or dwelKng house, and they disagree about the then rate of Exchange for Com- mercial Bills, the holder and the drawer, maker or endorser so notified, or any one of them, may apply to the President or in his absence the Secretary of any Board of Trade or Chamber of Commerce in the City or Town, in which the holder of such pro- tested bill or note, or his agent may reside, or in the City or Town nearest to the residence of such holder or Agent, and obtain from such President or Secretary a certificate in writing under his hand, gtatiog the said rate of exchangCi and the rate stated in such 303 certi^ate mt ' Inland Bills or Notes to bear interest after protest. 14 & 15 Vict. EXCHANGE ACT, AMENDED, (O. W.) Cap. 94, 1851. certificate shall be final and conclusive as to the then rate of exchange, and regulate the sum to be paid accordingly. IV. And be it enacted, That all Bills, Drafts or Orders drawn by persons in Upper Canada, on persons in this Province, or Pr'^missory Notes made or negotiated in Upper Canada, if protested for non-payment, shall be subject to six per centum per annum of interest from the date of the protest, or if interest be therein expressed as payable from a particular period, then from such period to the time of payment ; and that in such cases of protest the expense of noting and protesting, and the postages thereby incurred, shall be allowed and paid to the holder, over and above the said interest. V. And be it enacted. That in any action brought to recover the amount of any Bill, Draft, Order or Promissory Note, and the damages herein allowed, and the interest, expenses of noting and protesting, all other charges and postages incurred thereon, specified and mentioned in the preceding sections of this Act, it shall not be necessary to declare specially for such damages, expenses, charges and interest, but the same shall be allowed to the plaintiff at any trial, assessment or computation, as if the same had been specially declared for. Damages, ftc, may be recovered thoueh not especially men- tioned in the declaration. BILLS OF EXCHANGE ACT, (AMENDED.) Preamble. CAP.XCIV. AN ACT TO AMEND THE LAW RESPECTING THE PROTESTING OF BILLS OF EXCHANGE AND PROMISSORY NOTES, C.W. lAssentedtOfBOthAt^ttat, 1851.] WHEREAS it has been and is the custom of Merchants in Upper Canada, to cause Bills of Exchange and Promissory Notes to be protested upon the same day on which such Bills or notes may have been dishonoured; and whereas it is expedient to render such custom in all cases Protests to bo ^®S^^ ' ^® ^* therefore enacted, &c., That all Pro- made on day of tests of Inland or Foreign Bills of Exchange or dishonour. Promissor> Notes, for dishonour, either by non- acceptance or non-payment, may be made on the day of such dishonour, at any time af^er non-acceptance, or in case of non* payment, at any time afler the hour of three o'clock in the after- noon. 304 IL i4i, 1851. rate of drafts or lada, on y Notes protested r annum le therein rom such of protest 5S thereby md above )n brought t, Order or II allowed, protesting, jd thereon, this Act, it \ damages, allowed to n, as if the toEB.) I or BlIiLS OP it, 1851.] U custom of cause Bills pn the same kshonoured; lin all cases lat all Pro- f xchange or ]er by non- flay of such (ase of non* lintheafter- IL 14 &, 16 Vict. ExcnAiroig act, ahekoed, (o. w.) Gap. 94, 1851 • II. And be it enacted, That a notice of such Protest shall be sent to each of the parties to such hwtohi525S Bill or No^e, and that such Notice shall be deem- ed and taken to have been duly served, to all intents and pur- poses, upon the party to whom the same shall be addressed, being deposited in the Post Office nearest to the place of making pre- sentment of such Bill or Note, at any time during the day whereon such Protest shall be made, or the the next juridical day then fol- lowing ; and that the undermentioned days shall, for the purposes of this Act, be deemed and taken to be non-juridical days : vide licet, Sunday, Christmas-day, Good Friiayj Easter juridical and Monday, Ash Wednesday, any day set apart by non-jindicai Proclamation for Fasting or Thanksgiving, the "^"^ Birthday of the Reigning Sovereign, and the First day of Jan- uary ; and that all other days shall be deemed and taken to be juridical days. III. And be it enacted. That no Bill of Exchange irtiall be presented for acceptance on any non-juri- dical day; and that all Bills of Exchange and Promissory Notes whereof the third day of grace shall fall upon any non-juridical day, shall become due and payable, and shall be presented for payment upon the next juridical day before such third day of grace. IV. And be it enacted. That such Protests and Notices may be according to the forms contained in the Schedule to this Act, marked A, or to the like effect. y. And be it enacted, That the fees to be taken by Notaries Public for the services mentioned in this Act, shall be such as are specified in the Schedule to this Act, marked B, and no more. VI. And be it enacted, That this Act shall apply toUpper Canada only. On what da^ Bills and Notes are to be present- ed for accoptaoov or payment. Forms of Protaets and Notices. Fees to Notaries. Bxtentof Act. SCHEDULE A. rOBM OF PROTEST OF A BILL OF EXCHANGE FOR NON-PATMENT. , in the year of at On this day our Lord, one thousand eight hundred and fifty the request of holder of the Bill of Exchange hereunto annexed, I a Notary Public for Upper Canada, by Royal Authority duly ap- pointed, did exhibit the said Bill unto , At , being ttie place where the same is 805 payable, • |ii;ifK''ii 14 & 15 Yict. szcHAirox act, amxfsxd, (o. w.) Cap. 04, 1851. payable, and speakins to Aim, did demand payment of the said Bill ; to which demand he answered Wherefore I, the said Notary, at the request aforesaid, have pro- tested, and do hereby solemnJy protest, as well against all the parties to the said Bill, as against all other persons whom it may concern, for all interest, damages, costs, charges, expenses and Noticoxnaiiedthe ®'^®' losses suffered or to be suffered for want of da^^of A. payment of the said Bill. And afterwards, on the ^' ^^ ' day and year mentioned in the margin, I, the said Notary Public, did serve due Notice, according to Lav% of the said Presentment, Non-payment and Protest of tae said Bill, upon the several parties thereto, by depositing, in Her Majesty's Post Office at , being tlie nearest Post Office to the place of the said Presentment, Letters containing such Not- ices, one of which Lelters was addressed to each ol the said parties, severally ; the superscription and address of which Let- ters are respectively copied below, as follows, that is to say : (Here insert the directions of the ktters.) In testimony whereof, I have hereunto set my Hand and affixed my Seal of Office, the day and year first above written. {Signature.) L. S. FOBM OF NOTICE TO PARTIES. To Mr. 4 {date.) Sir, Take notice that a Bill of Exchange dated on the , for the sum of £ drawn by on and accepted by , payable (three months) afler the date thereof, at the Bank of in Toronto, and endorsed by A. B. C. D. E. F., &c., was this day presented by me for payment at the said Bank, and that payment thereof was refused, and that the holder of the said Bill looks to you for payment thereof. Also, take notice that the same Bill was protested by me for non-payment, Your obedient servant, ,i A.B., ' Notary Public. The above form* may be changed to tuit Protettt for fum-meeeptance or non-pay^ ment of £iut, or non-pnymerU of Notet. SCHEDULE B. ;,:!■■/•■ FEES ON PROTESTING NOTES, tiC, tS C. W. 1 i.- 8. 0. ■' For the Protect of any Bill or Note, 2. 6. For every Notice, L 8. {See Section V.) 806 iiji Usury M, 1851. the said lave pro- }t all the m it may Bnses and want of ds, on the , the said IV', of the Bill, upon sty's Post it Office to suchNot- ,1 the said vhich Let- to say : and affixed n. L. S. 16 Vict. ITBtTBT LAMB SSVBAL ACT. Cap. 80, 1858. on and pnths) after fi Toronto^ , presented [lent thereof older of the [take notice ent, Puhlic. HC«ornon-f9S' D. 6. 8. USTJEY LAWS REPEAL ACT. Preamble. Sect. 5 of Ordin- ance of Quebec, 17 Geo. ril., 0. 8, and a. 6 Act of Upper Canada 01 Geo. III., c. Siv- I>ealed. UsOTt CAP. LXXX. ^ AN ACT TO MODIPT THE U8UBT LAWS. [J^sented to, 2^th March, 1853.] WHEREAS it is expedient to abolish all pro- hibitions and 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 to amend and simplify the laws relating to the loan of money at interest : Be it therefore enacted, &;o., That the fifth section of the Ordinance made and passed by the Governor and Legislative Council of the Province of Quebec, in the seventeenth year of the Reign of His late Majest}' King George the Third, intituled. An Ordinance for ascertaining damages on protested BiUs of Exchange, and fixing the rate of interest in the Province of Quebec ; and the sixth section of the Act of the Parliament of the Province of Upper Canada, passed in the fifty- first year of His said late Majesty's Reign, intituled, *' An Act to repeal an Ordinance of the Province of Quebec, passed in the seventeenth year of His Majesty's Reign, intituled, < An Ordinance ^for ascertaining damages on protested Bills of Exchange, and 'fixing the rate of interest in the Province of Quebec ;' also to ascertain damages on protested Bills of Exchange, and fixing the rate of interest in this Province, be, and the same are hereby re- pealed. n. And be it enacted. That no contract to be penalties for hereafter made in any part of this Province, for ^""v- aboWshcd. the loan or forbearance of money or money's worth, at any rate of 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 cri- minal, for usury ; my Law or Statute to the contrary notwith- standing. in. Provided always, nevertheless, and be it contracts and •». enacted. That every such contract and every curittestobeToid security for the same shall be void so far, and so ^interest i^ra far only, as relates to any excess of interest thereby "^ p®"" **"*• made payable above the rate of Six Pounds for the forbearance of One Hundred Pounds for a year, and the said rate of six per 307 cent. 16 Vict. OUBBEKOT AMXKDKXirr ACT. Cap. 158, 1858. r\ 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. IV. And be it enacted, That nothing in this Act (lhall be construed to apply to any Bank or Bankr ing Institution or to any Insurance Company, or to any Corpora- tion or Association of persons heretofore authorized by law to lend or borrow money at a rate of interest higher than six per centum per annum. ▲«( not to apply to BankB, Ac. CUEEENCY AMENDMENT ACT. CAP. CLVIII. AH ACT TO REGULATE THE CURRENCY. Prarable. [Assented to, 14ith June, 1853.] WHEREAS it is desirable to adopt a Currency for this Province, which may hereafter be advantageously made common to all the Provinces of British [||#' North America, as being simple and convenient in itself and well calculated to facilitate their commercial intercourse with other parts of this continent : Be it therefore enacted, &c., That the Act passed in the Session held in the fourth Aeto4A»Vict.. and fifth years of Her Majesty's Reign, and intituled. An Act to regulate the Currency of this jProvince, and the act passed in the Session held in the thirteenth and fourteenth years of Her Majesty's Reign, and nkuwcL, intituled, An Act to alter the rate at which certain * Silver Coins shall be a legal tender, and the Act passed in the Session held in the fourteenth and fiAeeenth yean of Her Majesty*s Reign, and intituled. An Act to U^vic*"®- provide for the introduction of the Decimal System into the Currency of this Province, and otherwise . to amend the laws relative to the Currency, and the Act passed in the Session last aforesaid, and intituled, An Act UiSS**^ to extend the Provisions of the Currency Act to cer'iin Gold and Silver Coins coined after ths ^periods in the said Act limited, shall be repealed from and after the time when this Act shall come into force: ^""'^ Provided always, that all Acts, parts of Acts and 308 provisioni 18, 1868. ve been is whew aid. this Act or Bank- Corpora- ►y law to 'n six per 16 Vict. ouBBBiroT AionrsMSNT AOT. Cap. 158, 1858. 1 te, 1853.] , a Currency ereafter be of British itself and curse with &c., That the fourth .eign, and ,ncy of ihii 5 thirteenth Reign, and ich certain id the Act eenth years An Act to m, and of le value to weights of le assigned as shall be Dclamaticn irrent and jctively in It shall be ^al Procla- Kingdoni, s Province on herein- ispectively ime to be Lmation as money in Joins than be a legal jted, That \{ the two jal tender currency, in 16 Vict. OUBBXVOT AHZiTBicxirT ACT. Cap. 168, 1853. in any one payment : and the holder of the notes of any person or persons or bod^ corporate, to the amount of more than Two Pounds Ten Shillings currency, shall not be bound to receive more than that amount in such Silver Coins in payment of such notes if presented for payment at one time, although each or any of such notes be for a less sum. X. And be it enacted, That the Copper Coins of the United Kingdom, shall, while lawfully current SffiSSL. therein, pass current and be a legal tender in this Province, to the amount of One Shilling currency and no more in any one payment, at the following rates, that is to say : the Copper Penny for two Cents, the Copper Half Penny for one Cent, and any other subdivisions of the said Copper Penny for proportionate sums: Provided always that any proviso: Her Copper Coins of like weights with those aforesaid M^cstymny respectively, which Her Majesty may direct to be copper coIm to struck for the purpose, shall pass current and be a ^ "™°''' legal tender in this Province, at the like rates and to the like amount in any one payment : and that if such such Copper Coins be struck, Her Majesty may, if she see fit, declare by Proclamation that the Copper Coins of the United Kingdom shaU not be lawful money of this Province after a day to be appointed in such Proclamation. XI. And be it enacted, That the Gold Eagle of j^^^^^ ^ ^y^^^^^ the United States of America, coined before the American ooid first day of July, one thousand eight hundred and coins Bhaii pa«. thirty-four, and weighing eleven penny-weights, six grains, Troy weight, shall pass current and be a legal tender in this Province for ten Dollars and sixty-six Cents and two-thirds of a Cent or two Pounds thirteen Shillings and four pence, currency, and the Half Eagle of like date and proportionate weight, for one-half the srad sum: and the Gold Eagle of the said United States, coined after the day last mentioned, and before the first day of January, one thousand eight hundred and fifty-two, or after the said day, but while the standard of fineness for Gold Coins then fixed by the laws of the said United States shall remain un- changea, and weighing ten penny- weights, eighteen grains, Troy weight, shall pass current and be a legal tender in this Province for ten Dollars or two pounds ten shillings currency ; and the Gold Coins of the said United States, being multiples or halves of the said Eagle, and of like date and proportionate weight, shall pass current and be a legal tender in this Province for i-roportionate sums. XII. And be it enacted, That Her Majesty may at any time declare by Proclamation, that any or all of any other Gold Coins of the said United States or of any other Foreign Nation or State 311 shall other foreign Gold Coins may be made current by Proclamation. 10 Vict. otrsBBiroT AimrDiaiTT a.ot. Cap. 168, 18S8. \ n Ili' i .11} ' . Punlshmonl of poraoiiH counter- feitiiiK Coin, i>r uktonnK couator> Mi Coin. •hall pass carrent and be a legal tender in this Province, at rates in Currency to he assigned to them respectively in such Proclamation, when of the weights to be also assigned therein, ■uch rates being proportionate to the quantity of pure gold in such coin, reckoning ninety-two grains, and eight hundred and seventy-seven thousandths of a grain of pure gold as equivalent to one pound currency. XIII. And be it enacted, That if any person shall colour or gild, or case over with gold or silver, or with any wash or materials producmg the colour of gold or silver, any coin of coarse gold or of conrse silver, or of base metal, resembling any coin made or declared to be current by this Act, or shall make or cause to be made, or shall buy, sell or procure for himself or for another, or shall knowingly bring and import, or cause to be brought and imported into this Province, any forged, false or counterfeit gold, silver or copper coin, like to any of the gold, silver or copper coin made or i eclared by this Act to be lawfully current, or any coin of coarse gold or of coarse silver, or of base metal coloured gilded or cased over with gold or silver, or with any wash or materials producing the colour of gold or silver, and resembling any such coin, or any piece of gilded silver resembling any such com, or shall utter or attempt to utter, or tender in payment to any person or persons (as being any of the gold, silver or copper corns hereby made or declared to be current money,) any false or counterfeit piece, counterfeited to any of the gold, silver or copper coins made or declared to be current by this Act, or to any of the higher or lower denominations thereof, knowing the same to be false or counterfeit, such person shall be guilty of a misdemeanor, and on being duly convicted shall be liable to be imprisoned and kept at hard labour in the Provincial Penitentiary for not less than three nor more than fourteen years, in the discretion of the court before which the conviction shall be had ; and if such person shall afterwards offend in like manner, he or she shall for such second or for any subsequent offence, be deemed guiUv of felony, and on being thereof duly convicted, shall be litabtr to be imprisoned in the said Penitentiary for life, or for aoy term lot less than fourtet^n years, in the discretion of the Ccrtirt before which the conviction shall be had. XIV. And be it enacted. That if amy person shall form, make, cut, sink, stnmp, engrave, repair or mend, or shall assist in forniing, marking, cutting, sinking, stamping, engraving, re j/uiring or mending, or shall have in his or her possession, except for som.' known ai'd lawful purpose, any fai&e or counterfeit coin, conterieit to any coin lawfully current under the authority of this Act, or any die, press, tool or instrument or metal or mate- 312 rial Pur 'Sitaneni of Soi>v ?• 'iiakinB 108, iinpet, &c.. fbrci'Uiitcrfciting or having tlieiu in posHCSJiion. I , S8, 18S8. nnce, at in suoh therein, ) gold in ired and :iuivalent rson shall silver, or ! colour of of conrse ;oin made r cause to r another, ■ought and srfeit gold, or copper ent, or any il coloured ly wash or resembling I any such sayment to r or copper .) any false d, silver or [s Act, or to lowing the guilty of a liable to be 'enitentiary jars, in the all be had ; Inner, he or be deemed jd, shall be life, or for Ition of the ly person [ave, repair ing, cutting, )r mending, except for terfeit coin, [uthority of i\ or mate- rial 16 Vict. 0UBU9OT AinirDKiirT ACT. Cap. 15R, 1808. Powor to iiiiM wariniitH to murch for couB> ti'i'lVil (^)in,ootD- ing Tuolfl, Ac rial of any kind, used, constructed, devised, adapted or designed for the purpose <'f counterfeiting or imitating any Coin which ghall be lawfully current under the authority of this Act, suoh person shall be guilty of a misdemeanor, and shall bo liable to punishment accordingly; and the proof that such false or counterfeit coin, or such die, press, tool or instrument, metal or material was formed, made, cut, sunk, stamped, engraved, re- paired or mended by or was in thb possession of such person for gome lawful purpose, shall lie upon him or her. XV. And be it enacted, That it shall be lawful for any one Justice of the Peace on complaint made before him upon the oath of one credible person, that there is just cause to suspect that any person or persons is or are or hath or have been concerned in making, counterfeiting or imitating any such Coin as aforesaid, by warrant under the hand of such Justice of the Peace, to cause the dwelling house, room, work-shop, out-house or other building, yard, garden, ground or other place belonging to such suspected person or persons, or where such suspected person or persons shall be auspected to carry on any such making, counterfeiting or imitating, to be searched for any such counterfeit Coin ; and if any such Coin or any such die, press, tool or instrument, metal or material as aforesaid shall be found in the possession or custody of any person or persons whomsoever, not having the same for some lawful purpose, it shall and may be lawful to and for any person or persons discovering the same, to seize, and he or they are hen >*>y authorized and required to seize and carry the same forth- with before a Justice of the Peace having jurisdiction within the /OL ality in which the same shall be seized, who shall cause thn same to be secured and produced in evidence against any person or persons who shall or may be prosecuted for any such offence as aforesaid, in any Court of competent jurisdiction, and the iame after being so produced in evidence, shall by order of the Court be defaced or destroyed, or otherwise disposed of as the Court shall direct. XVI. And be it enacted That any person to countorrdt cota whom any pretended Gold, Silver or Copper Com tondircd may be shall be tendered in payment, which shall by the ^^^^^^' *"• Stamp, Impression, Colour or Weight thereof, afford reason to suspect that the same is false or counterfeit, may cut or break such Coin, and if the same shall be counterfeit, the person who tendered it shall bear the loss, otherwise the person who shall have cut or broken it shall receive it for a sum proportionate to its weight ; and if any question shall arise whether such Coin be counterfeit, it shall be determined by any Justice of the Peace, who, if he entertain any doubt in that behalf, may summon 313 three m WVict. LAW O* BTIBBNCB, (o. w.) Cap. 19, 1852^. Ooonterfeit Coin producedinCourt: to be broken, &0. three skilfUI persons, the decision of a majority of whom shall be finaL XV!I. And be it enacted, That if any false or counterfeit Coin shall be produced in any Court ol Law, the Court shall order the same to be cut in pieces in open Court or in the presence of a Justice of the Peace, and then delivered to or for the lawful owner thereof, if any such lawful owner there be claiming the same. Wiiftiiiy tender- XVIII. And be it cuacted, That any person who flight Coin, to shall Icnowingly utter, attempt to utter or offer in amiademeanor payment, as Being lawfuUy current, any Gold Coin of less than its lawful weight, or shall diminish the weight of any such Coin with intent to utter or offer it in payment as lawfully current, shall be guilty of a misdemeanor, and on being duly convicted shall be liable to be punished accordingly. Evidence in cases ^I^' ^^ ^^ ^^ enacted, That ou anv trial for ofoffencesagainat any offcncc under this Act, it shall not be neces- sary to call any Officer of the Mint or other person employed in producing the lawful Coin, in order to prove any counterfeit to be such, but the fact may be proved by any evidence which shall be satisfactory to the Jury trying the case. XX. And be it enacted. That this Act shall have Commencement fy^^^ ^^^ ^g-g^.^ yj^^^ f^^^ ^^^ ^ft^^ ^^^ ^j^y ^ ^^ appointed by Her Majesty for that purpose, by Proclamation, and not before. LAW OF EVIDENCE, (C. W.) CAP. XIX. AN ACT TO EEPEAL THE ACTS THEREIN MENTIONED, AND TO IMPROVE THE LAW OP EVIDENCE IN CANADA WEST. ^Assented to, 10th November, 1852.] WHEREAS the inquiry after truth in Courts of Justice is often obstructed by incapacities created by Laws, and it is desirable that full information as to the facts in issue, both in Criminal and Civil cases, should be laid before the persons who are appointed to decide upon them, 314 and Preamble. ), 1852^. I shall be ^ false or r Coart oi be cut in he Peace, ' any such erson who or offer in Gold Coin weight of layment as d on being ,ny trial for (t be neces- rther person prove any ed by any ig the case. 5t shall have he day to be purpose, by 16 Vict. LAW 0!F XTiDBKOX, (o. w.) Cap. 19, 1852-8* \) ro IMPROVE her, 1852.] lin Courts of Incapacities lation as to -i, should be [upon them, ' and and that such persons should exercise their judgment on the cre- dit of the witnesses adduced and on the truth of their testimony : Be it therefore enacted, &c.. That no person offered penons offend m as a witness shall hereafter be excluded by reason S*exXIJd fw* of incapacity from Crime or interest, from giving certain causes, evidence, either in person or by deposition, according to the Sractice of the Court, on the trial of any Issue joined, or of any latter 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, Officer or Person hav- ing 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 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 trial of any Issue, Matter, Question or Inquiry, or of the Suit, Action or Proceeding in which he is offered as a witness, and notwithstand- ing that such person offered as a witness may have been previously convicted of any crime or offence : Provided that Proviso: parties this Act shall not render competent or authorize J^tSes? u'SSew or permit any party to any suit or proceeding, in- ^J^J^site^ ^ dividually named in the Record, or any Plaintiff, party. Lessor of the Plaintiff or Tenant of premises sought to be reco- vered in Ejectment, or the Landlord or other person in whose right any defendant in repkvin 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 proceeding be called and examined as a witness in any suit or action at the instance of the opposite party : Provided always. Proviso, 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 be it enacted, That whenever any party in such proceeding 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 pro confesso 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 finding or Judgment may be had against such party thereon, or the Plaintiff may be non-suit or the proceedings in 815 such A imrty to any civil suit may be summoned as a ■witness by the opposite party : and how: Pen- alty on such party not attending. 16 Vict. LAW ov ETiDEirOT, (o. w.) Cap. 19, 1852-8. 1 i OommiBsion when the party to be examined resides out of Canada West: penalty if such party rel\tse to attend. ■uch 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. III. And be it enacted, That whenever a party to any such suit or action is resident out of Upper Canada, it shall be lawful for the Court in which such suit or action is brought, or any Judge in Chambers, at the instance of the opposite party, to issue a Commission for the examination of such party in the same manner as a Commission may be issued from any of the Superior Courts for the Examination of Witnesses; and if such party shall refuse to attend before such Commissioi>- ers, such refusal, proved by affidavit or otherwise, to the satisfao- tion of a Judge of the Court in which the suit is had, shall au- thorize a verdict or judgment to pass against such party, or hs Proviso. shall become non-suit: Provided that no such Commission shall be issued unless the party requiring such Conv- mission shall state under oath, by affidavit, the facts intended to be proved before such Commission, and then the said JudTP after being satisfied that such Commission is applied for in g c faith, and not for purposes of delay, may issue such Commiss. ;^.. IV. And be it enacted, That nothing herein con- tained shall render any person, who, in any pro- ceeding, is charged with the Commission of any indictable offence, or any offence punishable on summary conviction, competent or compellable to give evidence for or against himself or herself, or shall, in any such proceeding, render any husband competent or compellable to give evidence for or against his wife, or any wife competent or compellable 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. Probate of Will V. And bc it cnactcd. That whenever any pe^ SitTc. w!!^bu? son has died or shall hereafter die in any of Her in Her Majesty's Majesty's posscssious out of Upper Canada, hav- Se^^^eWcdinevi- ing made a will sufficient to pass real estate in deuce. Upper Canada, and whereby any such estate shall be devised, charged or affected, and such Will shall have been duly proved in any Court having the proof and issuing probate of wills in any of such possessions, and shall remain filed in such Court, the production of 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 sufficient primd, facie evidence in any Court of Law or Equity in Upper Canada, in 316 any Party charged with a criminal offence, not to give evidence for or against him- •elA&o. ), 1852-8. Court or lee fit to r a parly of Upper , in wnich Judge in site party, on of such jsued from Witnesses; )nimissionr le satisfao- I, shall att- )arty, or ha ,t no such such Comr intended to said Ju'l-'^ for in g Jommisi; . ., 16 Vict. LA.W ow mwssoBf (a. w.) Gap. 19, 1852-3. Proviso: if the Judge sec cooM to doubt suffi- ciency of exeeu* tion. any proceeding conceniing such Real Estate, of such Will and thecontents thereof, and of the same having been executed so as to pass Real Estate, without the production of the original Will : Provided always, that notice of the intention to Proviso : naOob use such Probate or Certificate in the place of the tft^bosiven. 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 luch Court ot Law or Equity, or any Judge there- of, such Court or Judge shall find any reason to doubt the sufliciency of the execution of such Will to pass such Real Estate as aforesaid, and shall make a rule or order disallow- ing the production of such Probate. VI. And be it enacted. That the production of Certificate to b« the certificate in the next preceding section men- St^tS^ tioned, shall be sufficient prim& facie evidence of therein stated. the facts therein stated, and of the authority of the Judge, Registrar or Clerk, without any proof of his appointment, autho- rity or signature. VII. And be it enacted. That whenever in any probate of ^u rait or action pending or hereafter to be brought, receivable in 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 received and taken as primd. facie evi- dence 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 herein- before in the fifth section of this Act contained, as to notice to tfie opposite party of the intention to use such Probate or Letters, in place of the original Will, and to any order that may be made by the Judge or Court disallowing the production of the same as therein mentioned. VIII. And be it enacted, That whenever any judge may com. action or other legal proceeding shall henceforth S,* ^^^ggU^ be pending in any of the Superior Courts, or in party to inspe«i •ay County Court in Upper Canada, such Court *°<"^«°<»' *«• sod each of the Judges thereof, in vacation, may respectively, on application made for such purpose by either of the litigants, oompel the opposite party to allow the party making the applies* tion, to inspect all documents in the custody or under the control (^luch opposite party relating to such action or other legal pro- 317 " ceedinf^ 16 Tict. LAW 01 iTiDiiKoi, (o. w.) Gap. 19, 1852-3. m^ ceeding, and if necessary, to take examined copies of the same, in all cases in which previous to the passing of this Act a discovery misht have been obtained by filing a Bill, or by any other proceeding in a Court of Equity, at the instance of the party so making application as aforesaid to the said Court or Proviso, Judge : Provided also that such application may be made to and granted by a Judge of a County Court in suits depending ir the said Superior Courts, in the same manner and under such circumstances as is provided for similar applications in the said Courts, by thb thirty-fiflh sec^.ion of the Act passed in the twelfth year of Her Mtgesty's Reign, intituled, A 1 12 Vict 0. 63. -^^ "^^^ ^^ ^^^^' f"'^^^'"' provision for the adminis' tration of Justice by the estahlishmeni of an ad- diiional Superior Court of Common Law, and also i^ Court of Error and Appeal in Upper Canada, and for other purposes. IX. And be it enacted, That whenever any book dSSeitetobS' or other document is of so pablic a nature as to be tierta^cwes. adii^lssible in evidence on its mere production from the proper custody, and no Statute exists which renders its contents provable by means of a copy, any copy thereof or extract therefrom shall be admissible in evidence in any Court of Justice, or before any person now or hereafter having by law or by consent of {parties, authority to hear, receive and examine evidence, provided it be proven to be an examined copy or extract, or provided it purport to be signed and certified as a true copy or extract by the Officer to whose SSSeES; to custody the original is entrusted, and which Officer sjg^rtifled is hereby required to furnish such certified copy or extract to any person applying at a reasonable time for the same, upon payment of a reasonable sum for the same, not exceeding sixpence for every folio of one hundred words. PiHiiahment of ^ ^^^ ^® ^* enacted. That if any Officer autho- ^aoffls^ng rized or required by this Act, or by any law or ** usage now in force in Upper Canada, to furnish any certified copies or extracts, shall wilfully certify any docu- ment as being a true copy or extract, knowing that the same is not a true copy or extract, as the case may be, he shall be guilty of a misdemeanor, and be liable upon conviction to imprisonment for any term not exceeding Eighteen months. XI. And be it enacted, That if any person shall forge any seal, stamp or signature of any document in this Act mentioned or referred to, or shall tender in evidence any such document with a false or counterfeit seal, stamp or signature thereto, know- ing the same to be falso or counteriieit, he shall be guilty of 318 r\t felony, Fanishment of penons forging oooumentfl, Ac, or using them knowtog them to be forged. 9, 1852-8. the samOi this Act a or by any ice of the Court or ation may ' a County (1 the saine for similar lion of the 1, intituled, ie admini»- of an ad- o^ Court of rposes. 3r any book lire as to be action from ixists which y, any copy evidence in »r hereafter lear, receive n examined ind certified [r to whose hich Officer ified copy reasonable lum for the Le hundred icer autho- I any law or to furnish any docu- Ihe same is 111 be guilty Iprisonment erson shall ' document Ihall tender la false or teto, know- guilty of felony, 16 Vict. LAW or EYmiNcz, (c. w.) Cap. 19, 1852-3. fblony, and shall upon conviction be liable to imprisonment in the rrovincial Penitentiary for any term not exceeding ten years, or to imprisonment in any Goal or House of Correction with hard labour, for any term not exceeding one year or less than two months : And whenever any such docu- ^^ ment shall have been admitted in evidence by beimp^und^on virtue of this Act, the Court or the person who gU^t^whSK shall have admitted the same, may, at the request JJ^^**'®*^" of any party against whom the same is admitted in evidence, direct that the same shall be impounded and be kept in the custody of some Officer of the Court or other proper person, for such period and subject to such conditions as to the said Court or person shall seem meet ; and every person when oirenden who shall be charged with committing any felony n»»y be tried. under this Act may be dealt with, indicted and tried, and if convicted, sentenced, and his offence may be laid and charged to have been committed in the County or place in 'which he shall be apprehended or be in custody ; and every accessory before or after the fact to any such offence, may be dealt with, indicted and tried, and if convicted, sentenced, and his offence laid to have been committed in any County or place in which the principal offender may be tried. XII. And be it enacted. That whenever in any legal proceedings whatever, legal proceedings may be set out, it shall not be necessary to specify that any particular person or persons who acted as Jurors had made affirmation instead of oath, but it may be stated that they served as Jurymen, in the same manner as if no Act had passed for enabling persons to serve as Jurymen without oath. XIII. And be it enacted, That the Act passed Act lavict. 0.70. iathe twelfth year of Her Majesty's Reign, and in- ■"* tituled,iln JLclto irmrovethe Law of Evidence in Upper Canada, and the Act passed in tne Session held in the fourteenth 14 & 15 viet. 0. and fifteenth years of Her Majesty's Reign, and «»"«peaied. mtituled. An Act to amend an Act passed in the twelfth year of Her Mmesty's Reign, intituled. An Act to improve the Law of Evidence in Upper Canada, shall be and are hereby repealed : proviso. Provided always, that all things lawfully done under the said Acts or either of them, shall remain as valid and effectual to all intents and purposes whatsoever as if the said Acts respectively were not repealed, and the said Acts shall be held and construed to extend to all actions commenced between the thirtieth day of August, in the year of our Lord one thousand eight hundred and fifty-one, and the passing hereof. XIV. And be it enacted, That this Act shall B^gntofAc*. apply only to Upper Canada, except in so far only a&herein o&erwise expressly provided. 319 FORKIOH Certain allegft. tion not neces> saiy in setting out legal pro* ceedings. m^ 16 Vict. FOBEIGH JIIDQIIEKTS ASMI8SI0K, (C. S.) Cap. 108, 1858. ii FOREIGN JUDGMENTS ADMISSION (C.E.) ArHBiiblei CAP. CXCVIII. AN ACT TO FACILITATE THE ADMISSION IN BVIDBNCB OP FOREIGN JUDO- IIBNTS AND CERTAIN AFFIDAVITS AND OTHER DOCUMENTS, AND OTHER. WISE TO IMPROVE TILE LAW OF EVIDENCE IN CANADA EAST. [Assented to, 14ith June, 1858.] WHEREAS it would greatly diminish tbe expense of legal proceedings and provs highly beneficial to the advancement of justice in Lower Canada, if certain Judgments and other documents were admitted in evi- dence without further proof thereof as now required by law : Be BxflmpHficationB ^^ therefore enacted, &c., That an Exemplification of Ju&moiit8, of any judgment, decree or other judicial proceed* mi^ma^^^ ing of any Court in any of Her Majesty's Dominions, eTidence. qj. j^ j^^y Foreign Country, under the seal of the Court in which such judgment or other judicial proceeding wa» recovered, made or taken, or under the signature of the Protho* notary, Clerk or Custodier of the record of such Judgment, decree, or other judicial proceeding, shall be received whenever offered in any Court of Justice in Lower Canada, as primA facie evidence of such judgment, decree or proceeding, unless proof to the con> trary be made. n. And be it enacted. That an ExemplificatioD of any Will executed in Her Majesty's Dominions or in any Foreign Country, under the seal of any Court wherein the original Will may be of record^ or under the signature of the Judge, Surrogate or Clerk of such Court, or of the Custodier of such Will, shall be taken and re- ceived, whenever offered in any Court in Lower Canada, ai primd facie evidence of the execution of such Will ; and the Probate of any such Will, under the seal of any Court of compe- tent jurisdiction, shall be received as primA facie evidence of the contents thereof, and also of the death of the Testator, unleai proof to the contrary be made. Oertificatesof ^' ^^^ ^^ ^^ enacted, That a Certificate of ]n«rria5^.&(!.,out the Marriage of any person married, or of the ofO. £. to bere- -n .• r l i» j x» ^i. t» _:^i oAvodaa prima Isaptism of any person baptised, or of the Bunal faeui evidence. ^f g^^y persou interred beyond the limits of Lower Canada, under the hand of the Clergyman, Priest, or Minister, who shall have officiated at such MarriagOi Baptism or Burial, 320 or Bzemplifination and Probates of Wills to bo re- oeived as prima fane evioence. 98, 1853. C.B.) 3iaN JUBG- HD OTHBlk' ,, 1853.] ninish the and provs er Canada, tied in evi- )y law : Be nplification al proceed- Dominions, seal of the needing was the Protho- lent, decree, sver offered lie evidence to the con- Implification \ Dominions seal of any Le of record, [erk of such \eti and re- 1 Canada, ai 11 ; and the It of compe- lence of th» fator, unleai [jrtificate of or of the the Burial Is of Lower [)r Minister, or Burial, or 16 Vict. rosxiOM JVDOiamTB aduissiov, (o. b.) Gap. 198, 1868' or of the Public Officer before whom such Marriage may have been contracted, or an extract from any Register kept for the re- gistration of any such Marriajres, Baptisms or Burials, certified by the Clergyman, Priest, Minister or Public Officer, being the legal Custodier thereof, whenev sr offered in any Court of Justice in Lower Canada, 9hall be taken and received as jtrimd facie evidence of the contents thereofl IV. And be it enacted, That it shall not be ne- seaior siniatura cessary to prove any Seal or the Signature or SuSSfirrfi^ot Authority of any Officer affixed to any Exemplifi- ^ proved, cation. Probate, Certificate or Extract which, by the foregoing Sections, is made primA facie evidence of the facts therein stated, but the production of any such Document purporting to be sealed with such Seal and signed by such Officer, shall be primA facie evidence of such Seal and Signature, and of the authority of the Officer purporting to have affixed such Seal to such Document or to have signed the same. V. And be it enacted, That it shall be com- Jnl'^^SKm" petent to any party interested in any such Will, be receded in J upon the production of an Exemplification of the Spfiho^Y^ same, and of the Probate thereof, if there be any, shaiibeauthentic. to the Superior Court for Lower Canada, or any of the Judges thereof, to require and have the same recorded in the Office of the Prothonotary of the said Court in any one of the Districts of Lower Canada ; and when so recorded, a copy thereof, certified by the Prothonotary of the said Court, shall have the same force and effect as such Exemplification. VI. And be it enacted. That the Seal of any geaiBandCertifl- Foreign State, and the Certificate of the Secretary ^^°'£*™tfbe or any one of the Secretaries of any such State, or primd/cK^ of the Executive Government thereof, whenever «^^*«"'*- offered in any Court of Justice in Lower Canada, to establish the existence and competency of any Court, Corporate Body, Clergy- man, Priest or Minister, Office or Officer, its or his identity in re- lation to any public document, or any other matter, shall be deemed authentic without proof thereof, and shall be taken and received as primA facie evidence of the fact intended to be estab- lished thereby, whether such State be a separate Sovereignty, or be one of the United States of America, or of any other Federa- tion or Union of several States. VII. Provided always, and be it enacted. That it shall be competent to any party to a suit or pro- ceeding to deny the truth of any of the said Ex- emplifications, Probates, Certificates or Extracts, by doing so in writing before the close of the Eji- 9«^ of the party who may produce the same, in 321 Anyparfymay deny the trutn of the said Bzem* plifloations, tc Ast»«OBt8inauob oaae. which case it ahaU i U & 16 Vict. XJBOTMEiri ACT, (o. W.) Cap. 114, 1861. shall be incumbent upon such party to prove the contents of such Exemplification, Probate, Certificate or Extract in the manner now required by law ; but in the event of such Exemplification, Probate, Certificate or Extract being duly proved by a commission or otherwise to be correct and true, the costs of *^*'' such proof to be taxed by the Judge, shall and may, in the discretion of the Court or Judge before whom such suit or Eroceeding is had, be ordered to be paid by the party who may ave denied the truth thereof as aforesaid, whatever may be the Proviso: Security final judgment in the cause ; And provided further, Svcnln such*' ^^** whcncver the truth of any of the said Exem- ««8e, by the party plifications, Probatcs, Certificates or Extracts, shall orsuchlignaturo, DC denied as aforesaid, security for the costs *"• attending the execution of a commission to prove the same, shall be given to the satisfaction of the Court or Judge by the party denying the truth of the same, and within the time and for such amount as the said Court or Judge shall direct. r >' :<^ m\ f'.' t I EJECTMENT ACT, (C.W.) h Preanlble. CAP. CXIV. IX ACT TO.VLTERAND SETTLE THE MODE OF PROCEEDING IN THE ACTION OP EJECTMENT. [Assented to, SOth August, 1851.] WHEREAS it is expedient to abolish all fictions of law in actions of Ejectment, and to place such actions, as nearly as may be, on the same footing as other actions between parties ; and it is also expedient to prevent the multiplication of suits for the purpose of recovering costs or mesne profits where parties recover the possession of land in such actions, and to enable such parties to recover such mesne profits and costs, in any suit brought for the recovery of Mode of com- lauds : Be it therefore enacted, &c.. That all mencing actions actions of Ejectment shall be commenced by Writ qjee men . ^^ Summons, in the same manner as other actions, in which the names of all the persons claiming the property shall appear as Plaintiffs, and the person in actual possession, or in ease of a vacani; possession, the person last in actual possession, shall appear as Defendarts, and such Writ may be in the following form, and shall bear teste of the day on w|iich it is issued, and b« in force for four calendar months thereafter : 322 County U, 1861. 8 of BUCh B manner (lification, »mmission e costs of [ and may, ich suit or ■ who may nay be the led further, said Exem- tracts, shall r the costs ion to prove art or Judge hin the time II direct. IN THE ACTlOli [ugust, 1851.] to abolish all 1 of Ejectment, I, on the same [also expedient le of recovering possession of ^ recover such le recovery oj &c., That all [enced by Wnt ; Other actions, ; property shall psaession, or in tual possession, [n the following issued, and M County Service, Ac. 14 & 16 Vict. BJSCTIIBNT ACT, (c. XT.) Cap. 114, 1861. County of ) Victoria, by the Grace of God, to wit: ! of the United Kingdom of Great Britain, and Ireland, Queen, Defender of the Faith. [seal] To A. B. of We command you that you do appear before us in our Court of Queen's Bench {or Common Pleas, as the case may he) with- in sixteen days after the service hereof, to answer to C. D., of , in the County of , Yeoman, in an action of Ejectment, in which action the said C. D. claims to recover certain premises, of which it is said you are in pos- session, which premises consist of {describe the premises particu- larlyf)t and you are hereby required to enter your appearance in the office of the (Clerk of the Crown, or Deputy Clerk of the Crown, {as the case may he,) 4n and for the County of , at , in the said County, at the suit of the said C. D., for your defence to the whole of the said property, or such part thereof as you may be advised, or in default of such appear- ance you will be turned out of possession of the said property. Herein fail not. Witness, &c, {to he tested in the usual manner.) II. And be it enacted, That the said Writ of Summons shall be served in the same manner as a declaration in Ejectment is at present served, and in case of a vacant possession, by posting a copy thereof upon the door of the dwelling house (if any) or on some other conspicuous part of the property, and the persons named as Defendants in the Writ, or any of them, or any person having an interest in the land shall be allowed to appear within the time appointed, and also any other person shall be allowed to appear on filing an Affidavit in the office from which the Writ issued, that at the time of action brought he was and still is in possession of the property, either by himself or his tenants ; Provided always, that the Court or a Judge shall, on cause shewn, have power to strike out or confine defences set up by persons not in possession by themselves or their tenants. III. And be it enacted. That any person appear- ing shall be at liberty to limit his defence to a part doffi^fAc. only of the property mentioned in the Writ, describing that part with reasonable certainty, in a notice entitled in the Court and cause, and signed by the party appearing or his Attorney, to be filed and served within four days after appearance, upon the attorney whose name is endorsed on the Writ, if any, and if none, then upon the Plaintiff*: Provided . always, that if the description of the premises in '^^^' any Writ or notice be not sufficiently certain, the Court or a Judge, or the Judge of the County Court of the County in which 333 thtt Proviso. 'U U A 16 Vict. vtoTwan ACT, (o. w.) Cap. 114, 1851. the action is brought, may order better particulars of the land claimed or defended to be delivered. Appeuancowlth* outllmltj i limiting dalbnce. DnflHiHofappoar- Mice, Ac. IV. And be it enacted, That an appearance without a notice, confining the defence to part, shall be considered as a defence for the whole property claimed. v. And be it enacted, That if no appearance shall be entered within the time appointed, or if an appearance be entered, hut the defence be limited to part only, the Plaintiffs shall be at liberty to sign a judgment that the person whose title is asserted in the Writ shall recover possession of the property, or of the part thereof to which the defence does not apply ; which judgment may be in the form in the Schedule A, to this Act. VI. And be it enacted. That in case an appear- bLOTtSSd^*^ ance shall be entered, the case shall be at once considered at issue, and the record for trial shall be made up, setting forth the Writ, stating the appearance with its date, and setting forth the notice limiting the defence, if any, of each of the persons appearing, so that it may appear for what part defence is made, and also setting forth a Plea in the form of the Schedule B, to this Act, which shall be the only Plea allowed, and the remainder of the record being made up as in other actions. VII. And be it enacted, That a special casr in any such action may be stated in the same manner as at present, and if no special case be agreed to, the parties may proceed to trial in the same manner as in other actions, and the question at the trial shall be, except in the cases hereinafter mentioned, whether the statement in the Writ of the title of claimants is true or false, and if true, then which of the claimants is entitled ; but the Jury may find a special verdict as at present. VIII. And be it enacted. That upon a findins for the claimants, judgment may be signed, ana execution issue for the recovery of possession and costs, as at present in the action of Ejectment, and the said judg* ment having the same and no other effect than at present. IX. And be it enacted, That upon a finding for the Defendants, or any of them, a judgment may be si^ed and execution issue against the claim- ants named in tiie Writ Joint tenants, 4c. ^' ^"^ ^® ^* enacted, That in any such action brought by some or one of several persons entitled as joint tenants, tenants in common or co-parceners, any joint 324 tenant, Special oaso may be stated. Finding for claimants. Finding for defendimts. 14, 1851. the land >pearanoe 5 to part, be whole ppcarance inted, or if 5 be limited El judgment all recover which the the form in 5 an appear- be at once atrial shall ftrance with fence, if any, )ear for what n the form of Plea allowed, I as in other )cial casr in [same manner be agreed to, er as in other \t in the cases ^e Writ of the iwhich of the jial verdict as Ipon a finding ^e signed, and Possession and [the said judg- Ipresent. „ a finding for ludgment may ■^at the claim- ly such action srsons entitled lers, any joint tenant, Judges may alter fumiH, Ac 14 & 10 Yiot xjicnanT act, (o. w.) Cap. 114, 1851. tenant, tenant in common or coparcener in possession may, at the time of appearance, or within four days ailer, give notice, in the same form as in the notice of a limited defence, that he defends as such, and admits the risht of the claimant to an undivided share of the property, but denies any actual ouster of him from the property, and within the same file an Affidavit stating the same facts, and such notice shall be entered on the record in the same manner as the notice limiting the defence, and upon the trial, the additional question of whether an actual ouster has taken place shall be tried, as at present, in an action of Ejectment, and tne efifect of a judgment therein shall be the sam« as at present. XI. And be it enacted, That the Judges of the Superior Courts of Common Law shall have power from time to time to make such alterations m the forms of Writs and proceedings, and also such rules as they may consider necessary to carry this Act into better efifect. XII. And be it enacted. That in all cases where- j^^ in a Jury shall be empannelled to try any suit brought a^wss damages, to recover possession of any property, the Jury *"' shall also be sworn to assess any damages to which the Plaintifif or FlaintifTs may be entitled for the use, occupation or engoyment of the premises in dispute by the party or parties defending the suit, and any damage, waste or spoil occasioned to such premises by such party or parties ; and the Jury shall assess such damages as may appear just according to the evidence ; Provided always nevertheless, that in all cases J^^iso* where substantial damages are demanded, the party or parties seeking to recover the same shall, with the original Summons, serve the Defendant or Defendants, and the person in occupation (if any) with a notice to the following effect, and that none but ajininal damages shall be assessed unless such notice shall be given. '• To A. B., the occupant of lot , in the "Concession of the Township of ' , in the County "of : " You are hereby notified that the Plaintiff or Plaintifis named in the Summons served herewith, will proceed against you, the said A. B., on the trial thereof, for the use, occupation, rents and profits of the premises for which this action is broufifht, during your possession and occupation of the said premises, and for all damages, waste and injury accruing to the said premises, or any part thereof, while in your possession and occupation. •' Dated at , this day of 325 XIU. >» 14 & 16 Yiot. iJXOTlRFr ACT, (O. W.) Cap. 114, 1861. ii f! XIII. And be it enacted, That in all casei vhere no appearance is entered according to the When no appour- Mice, I'lKintiir heYioiitttiMito provisions of this Act, and the Plaintiff has in con- ^*°'**"' **• (sequence thereof signed judgment and entered up the same and sued out his Writ of Possession thereon, it shall and may be lawAil for the said Plaintiff, after having given the notice in the twelfth clause of this Act mentioned, to suggest upon the Roll or Record of the judgment that he is entitled to damages for all or any of the causes set forth in the said twelith clause of this Act mentioned, and thereupon, after giving the notice which the law now requires in all cases of assessment of damages of his intention to assess such damages, may be entitled at any Court of Assize and Nisi Prius thereafter, upon filing a certified copy of the said record and suggestion thereon in the said Court, to have a Jury empanneled to assess his said damages, and in case they find a verdict for the Plaintiff for any sum not less than Two Pounds, he shall upon filing the said record and verdict in the proper oflHce, have the right to sue out a Writ of Execution, and to levy the same with the costs from the time of entering the said suggestion, including the entry thereof. Defendant may ^IV- And be it enactcd, That it shall and may offer to KiveijD be lawful for any person or persons who shall be the premiseii, . ggj-yg^j ^j^f^ ^ Summons in Ejectment and tiie notices required by this Act to be served therewith, within twelve days after the service of such Summons and Notice or Notices, to notify the Plaintiff or Plaintiffs that such person or persons disclaim any interest in the premises, and is or ara willing to give up possession thereof; and if such person or persons shall, after such notice, give up possession and pay or tender to the Plaintiff or Plaintiffs a sufHcient amount to cover all claims for the rents, issues, profits or occupation of the premises, and all reasonable costs incurred and damages occasion- ed to such premises while in the occupation of such person or persons, the proceedings in such suit may, on the application of such person or persons, be stayed by the Court in which the same shall be pending, or a Judge in Chambers ; ^ ^* Provided nevertheless, that if a sum insufficient shall be tendered, the Plaintiff or Plaintiffs shall be entitled to proceed for any larger amount to which he or they may consider himself or themselves entitled, but if on the trial a verdict shall be rendered against the Plaintiff or Plaintiffs, or a verdict shall be rendered in his or their favour for a sum not exceeding the amount tendered, the Plaintiff or Plaintiffs shall pay all costs subsequent to such tender, and shall only be entitled to levy the amount of the verdict, after deducting therefrom the Defendant's costs subsequent, together with costs to the time of such ten- der. • 326 ' XV. 114, 1851. Eill casM ng to the as in con- ntcred up m, it shall given the to suggest entitled to iid twellth giving the essment of be entitled lon filing a reon in the [d damages, ny sum not record and t a Writ of the time of reof. lall and may who shall be lent and the |with, within id Notice or ich person or id is or are jh person or I and pay or >unt to cover lation of the tges occasion* ^h person or ipplication of ^n vrhich the Chambers ; . insufficient je entitled to [may consider verdict shall verdict shall ixceeding the pay all costs >d to levy the e Defendant's of such ten- 14 4^6 Vict. XJKOTMXirr ACT, (c. w.) Cap. 114, 1851. XV. And be it enacted, That m all cases when ,, , , , , . the party m possession or in the occupation of \ip t)i« iniidM, wd lands shall, alter service of a Summon under this pv» ""•»»• *«• Act, abandon or give up possesion of the prerr*sos mentioned in such Summons, and forthwith notify the PlaintifTor his Attorney thereof, and that the Plaintiff may enter thereon, the Plnintin' shall cause statement of the costs incurred to be rendered to such party, and on payment of such costs the suit shall be dis- continued, unless the Plaintiff shall proceed in the same for tha purpose of recovering damages for the rents, issues, profits or occupation of the premises, or for injury, waste or spoil done or committed thereon by such party or partie-, or others under him or them during the possession of the premises by such party or parties ; and if the Plaintiff or Plaintiffs shall nroceed in such action, and a verdict shall bn given tor the Defendant, or shall not be given for the Plaintifi jr Pla;.itiffs fof a greater amount than Five Pounds, the Plaintiff or Plaintiffs i , ill pay all costs in the suit to the Defendant, who shall be > t liberty to levy any amount of such costs exceeding t*' said sum fo. <.vhich such verdict shall be given. XVI. And be it enacted. That the Act passed in the Session held in the thirteenth and fourteenth years of Her Majesty's Keign, and entituled, An Act to alter and amend the practice and proceedings in actions of Ejectment in Upper Canada, be, and the same is hereby repealed. XVII. And be it enacted. That the provisions of this Act shall not in any wise affect any pro- ceeding taken in any action of Ejectment before this Act becomes a Law ; and that this Act shall come in force from and after the first day of January nex, rnd not before, and shall not apply to any suit or action comm«;.a<. ed before that day. 13 A It Vict., e. 07, repealed. Pending cases uaved. SCHEDULE A. - t FORM OP JUDGMENT WHERE NO APPEARANCE TO WHOLE OF PROPERTY CLAIMED. The day of {day when judgment entered). {After setting forth the Writ, proceed) And the said A. B. did not appear as directed by the said Writ, but made default.. Therefore, it is considered that the said C. D. do recover his possession of the said property in the said Writ mentioned. {And in cases where the appearance is only for part of the property, [except {setting out the part for which no appearance has been entej'ed)'\. And also the sum of £> for his costs and charges expended about his suit, and a Writ to recover such possession aud costs is granted accordingly. 337 SCHEDULB. 2 Vict. WOMEN TO OONYBT BEAIi ESTATE, (O. W.) Cap. 6, 1839. SCHEDULE B. u. / FORM OF PLEA. And the Defendant says that the Plaintiff is not entitled to the possession of the said property, for which the Defendant has appeared. MAEBIED WOMEN TO CONTEY REAL ESTATE, (C. W.) Preamble. CAP. VI. AN ACT TO AMEND THE LAW ENABLING MABAIED WOMEN TO CONVET THEIR REAL ESTATES WITHIN THIS PROVINCE. [Assented to, llth May, 1839.] WHEREAS by an Act passed in the first year of the Reign of His late Majesty King William the Fourth, intituled, " An Act to enable Married ** Women more conveniently to alien and convey their Real Estate, c .o r. ITT " ond to repeal an Act passed in the forty-third year Sec 43 Geo. Ill, , /. , ^r J j _ J C.5; 5yOoo. HI, '*of the lieign of King George the Ihird, am c.i4;"'andi^wm. "intituled, * An ^Act to enable Married Women ^^'^■^- « 'having Real Estate more conveniently to alienate '* * and convey the same,' " it is enacted, That it shall be lawful for any Married Women, above the age of twenty-one years, residing in this Province, and seized of Real Estate therein, to alien such estate by deed, jointly with her husband, executed in the presence of a Judge of the Court of King's Bench, in certain cases Judge of the Surrogate Court, or two Justices of the Peace, who shall, on the day of the execution of such deed, certify on the back of the same certain facts as set forth in the said Act :* And whereas in some cases such certificates may not have been signed on the day of the date of the deed to which they relate as required, and it is nevertheless expedient to render valid such deeds, and also to provide that in future such certificates shall state, that the deed was executed as required, on the day in which the certificate shall be signed; and also that the said certificate shall in all cases be primd, facie evidence of the facts certified therein : Be it thereffjre enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislature * See 14 & 16 Vict., c. I15,Sec. 3, on page 332 ia this work, with respect to whom a deed to bo executed in the presence of. 328 2 Vict. woMEir TO comrET ebal estate, (o. w.) Cap. 6, 1839. Legislative Council and Assembly of the Province of Upper Cana- da, constituted and assembled by virtue of and under the authority of an Act passed in the Parliament of Great Britain, intituled, " An ** Act to repeal certain parts of an Act passed in the fourteenth **year of His Majesty's lieign^ intituled, * An Act for making more * ' effectual provision for the Government of the Province of *** Quebec, in North America,' and to make further provision for " the Government of the said Province,''^ and by the authority of the same. That when any certificate upon the back of any deed, executed by any Married Woman pursuant to the said Act, shall have been heretofore given on any day subsequent to the execution of the said deed, such certificate shall be deemed and be taken to have been given on the day on which the said deed was executed ; and such deed shall be as good and valid in law, as if such certificate had been in fact signed on the day of the execution of the deed to which it relates, as required by the said Act. Cnrtiftcate of alienation by a married woman valid, thouKb not signed on the day the deed was executed. II. And be it further enacted by the authority Form of aforesaid. That the certificate to be endorsed upon ^<"'""«''t«- any deed pursuant to the said Act, shall be to the following effect : Do hereby certify, that on this day of , at , the within deed was duly executed in the presence of , by , wife of , one of the grantors therein named ; and that the said , at the said time and place, being examined by , apart from her husband, did appear to give her consent to depart with her estate in the lands mentioned in the said deed, freely and voluntarily, and without coercion or fear of coercion on the part of her husband, or of any other person or persons whatsoever ; and that such certificate shall be deemed and taken to be primd facie evidence of the facts contained therein, any thing in the said recited Act to the contrary there- of in any wise notwithstanding. Certificate priflM* facie (evidence of facts contained. III. And whereas it is expedient to provide greater facilities for barring dower ; Be it there- fore enacted by the authority aforesaid, That from and after the passing of this Act, whenever any Married Woman shall join with her husband in any deed or conveyance whatever (wherein a release of dower is contained,) it shall not be acknowledge the same before any Court, Judge or .Tustice of the Peace, but such execution shall be deemed a valid and eflectual bar of dower, of and in the premises mentioned and described in such deed or conveyance, any law, usage or custom, to the contrary thereof in any wise notwithstanding. 329 IV. Joining in conveyances, containing a relcajse of dower, by a married woman, a sulfi* cient bar of dower. necessary to Faat a«know1<'d({- montsiiibai ol' dower rondiuid eflfectivo, although! .10 wife not ii p irty to the Oyfijci ition of thoil'jcf*. 14 & 15 Vit'i . women's eeai. estate act, (o. w.) Cap. 115, 1861. IV. And whereas it is necessary by Legislative provision, to legalize the bar of dower in certain deeds and conveyances, where the wife has not been a party to such deeds or conveyances, but has acknowledged the same before some competant authority : Be it therefore enacted by the authority affiles lid. That all acknowledgments which have been taken b lor* any competant authority, shall be taken and deemed to be a valid and effectual bar of dower to all intents and purposes whntever, although the said wife shall not have joined in the execution of such deed or conveyance, or shall not have acknow- ledged the same on the day of the execution of such deed or conveyance. MARRIED WOMEN'S REAL ESTATE ACT, (C. W.) CAP. CXV. Preamble. AN ACT TO ENABLE MARRIED WOMEN RESIDENT IN FOREIGN COUNTRIES. TO CONVEY REAL ESTATE OF WHICH THEY ARE SEIZED IN CANADA WEST. lAssented to, SOtJi August, 1851.] WHEREAS no provision has been made by Law to enable Married Women resident out of the Province of Canada, and who ^re residents of States or Countries not owing allegiance to the Crown of Great Britain, or who may be temporarily absent Irom the said Province of Canada, and for the time being resid jnts of such States or Coun- tries as aforesaid, to convey any real estate being within the said Province, and of which such Married "Women may be seized, possessed or of otherwise entitled to : And whereas it often hap- pens that such Married Women so resident as aforesaid, or absent from the said Province, are willing and desirous to convey and dispose of such their real estate and all their interest and estate therein to purchasers and others desirous of obtaining the title thereto, and it is right that such Married Women should be ena- bled to convey such their real estate without its being required that such Married Women or Husbands should come into this Province for the purpose- of enabling them to make a valid con- veyance of such their real estate, their estate and interest therein : 330 Be 14 & 15 Vict, women's eeal estate act, (a. w.) Cap. 115, 1851. Married Women resident in a for* cign State may conv(!y estate in C.W. Proviso : Deed to bo executwl be- fore the Gover- nor, British Con- sul, &c. Be it therefore enacted, &c,. That from and after the passsing of this Act, it shall and may be latvful for any Married Woman being above the age of twenty-one years, resident out of this Province, and being a resident of any State or Country not owning alle- giance to the Crown of Great Britain, or being temporarily absent from this Province, and for the time being a resident of such Statei or Country as aforesaid, and being seized, possessed of or other- wise entitled to real estate within this Province, to alien and con- vey such real estate or any interest therein she may be entitled to by Deed, to be executed in such State or Country as aforesaid, by her penalty with her husband, to such use and uses as to her and her husband shall seem meet : Provided always nevertheless; that such Deed shall not be valid or havt any effect, unless such Married Woman shall execute the same in the presence of the Governor or other Chief Executive Officer of such State or Country aforesaid, or in the presence of the British Consul resident in such State or Country, if there be a British Consul there resident, or in the presence of a Judge of a Court of Record of such State or Country, nor unless such Married Woman be examined by the said Governor, or other Chief Executive Officer, or such British Consul, or Judge of Court of Record, touching her consent to alien and depart with such real estate, and shall freely and voluntarily, and without coercion, give her consentjbefore such Governor, or other Chief Eyecutive Officer, or such British Consul or Judge as aforesaid, to alien and depart with such estate : Provided always, that it shall not in any case be necessary for any such "°^°* Governor, or other Chief Executive Officer, British Consul or Judge, to attest the execution of any such Deed as a subscribing Witness. ♦ Who shall amine her. e»« Such Governor, Consul, &c., to give a certit'.L'ate. II. And be it enacted, That in case it shall ap- pear to such Governor, or other ('hief Executive Officer, British Consul or Judge, that such Married Woman doth freely and voluntarily consent to depart with, alien and convey her said real estate, or any interest she may be entitled to therein, without coercion on the part of her husband or any other person, it shall and may be lawful for such Gover- nor, or other Chief Executive Officer, British Consul or Judge, to cause a Certificate thereof to be endorsed on the particulars to be Deed so executed by her and her said husband as stated therein. aforesaid, which Certificate shall state the day on which such examination is taken, and shall be signed by such Governor, or other Chief Executive Officer, and shall be also under the Seal of the State or Country of which such Governor or other Chief Exec- utive Officer shall be the Governor or Chief Executive Officer as 331 aforesaid #■ ' I 14 & 15 Yict. women's beal estate act, (o. w.) Cap. 115, 1851. aforesaid, in cases where the said Certificate is made by such Governor or Chiei^Executive Officer, cr signed by the said British Consul, or Judge of a Court of Record, and under the Seal of sucli Court, and which Certificate shall be in form or to the effect following, viz : Porm of certifl. oate. "h , do hereby certify, that on this day of , at , the within Deed was duly executed in the presence of , by A. TJ., of wife of , , one of tiif; gvantors therein named ; and tha: the said wife of the said , at the said time and place being examined by me, apart from her husband, did appear to give her consent to depart with her estate in the lands mentioned in the said Deed, freely and voluntarily, and without coercion or fear of coercion on the part of her husband, or of any other person or persons whatsoever." Its effect. tained therein. And such Certificate shall be deemed and taken to be primd. facie evidence of the facts con- Part of sec. 1, of ni. And be it enacted. That the first section of miiP.'^l re- ^^ ^^^ °^ *^® Parliament of the Province of pealed,' UpperCanada, passed in the first year of the Reign of His late Majesty King William the Fourth, and intituled, An Act to enable Married Women more conveniently to alien and con- vey their Real Estate, and to repeal an Act passed in the forty-third year of the Reign of King George the Third, intituled, ' An Act to enable Married Women, having Real Estate, more conveniently to alienate and convey the same,* be, and the same is hereby amended, by expunging from the proviso of the said section the following paragraph, viz : " Or in the presence of a Judge in the '* District Court, or of a Judge of the Surrogate Court of the Dis- " trict in which such Married Women shall reside, or of two " Justices of the Peace for such District," and in- ?ub8UtE'''°"' serting in the place thereof and substituting there- for the following paragraph, viz : " Or in the pre- *' sence of the Judge of the County Court, or Judge of the Surro- ** gate Court, or two Justices of the Peace of the County where " such Married Women shall reside, or happen to be when the '* said Deed is executed by such Married Women." _ IV. And be it enacted, That this Act shall apply iixtent of Act. ^^ ^^^j j^^^^^^ j^ ^^^^ Canada only. Heik 332 6 Vict. HEIE AND DEVISEE ACT, (c. W.) Cap. 8, 1845. HEIR AND DEVISEE ACT, (C. W.) CAP. VIII. AN ACT TO REPEAL CERTAIN ACTS THEREIN MENTIONED, AND TO MAKE B^/;TTER PROVISION FOR THE RELIEF OF PARTIES CLAIMING LANDS IN CANADA WEST, FOR WIIiOH NO PATENT UATH ISSUED, AS REPRESENT- ING THE 0RIG1N.VL NOMINEES OP THE CROWN. \^Assenfed to, lOih February, 1845.] Preamble. WHEREAS it hath become necessary to make better and more effective provision than is made by the laws now in force, for determining claims to Lands in Upper Canada, for which no Pateiit hath issued, and for ascertaining the parties in whose favour the Patents lor such lands ought respectively to issue, and for this purpose it is expe- dient to repeal the Acts of the Legislature of Upper Canada hereinafter mentioned, and to re-enact and consolidate such of the provisions thereof as are found effective, with such amend- ments and additions as experience hath shewn to be requisite : Be it therefore enacted, &c., That the Act of the Legislature of Upper Canada, passed in the forty-fifth year of the Reign of His Majesty, King George the Third, and intituled, An c. w. 45 Geo. 3. Act to afford relief to those persons who may he en- <=»p- 2. titkd to claim Lands in this Province^ as Heirs or Devisees of the Nominees of the Crown, in cases where no Patent hath issued for tuch Lands ; and the Act of the said Legislature passed in the forty-eighth year of the same Reign, and inti- a w. 48 Geo. s. tuled, An Act to continue an Act passed in the <»pio- forty-fifth year of His Majesty's Reign, intituled, " An Act to afford relief to those persons who may he entitled to claim Lands in this Province, as Heirs or Devisees of the Nominees of the Crown, in cases where no Patent hath issued for such Lands," and further to extend the henefits of the said Act; and the Act of tne said Legislature passed in the fifty-second year of the same Reign, and intituled, An Act to amend an Act passed in c. ^^ gg Geo. s, the forty-eighth year of His Majesty'' s Reign, in- cap- »• tituledy " An Act to continue an Act passed in the forty-fifth year (f His Majesty* s Reign, intituled. An Act to afford relief to those persons who may he entitled to claim Lands in this Province, as Heirs or Devisees of the Nominees of the Crown, in cases where no Patent hath issued for such Lands, and further to extend the benefits of the said Acty^ and to continue part of the same ; and the Act of the said Legislature passed in the fifty-sixth year of 333 the 8 Vict. HEIB AND DETI8EE ACT, (c. W.) Cap. 8, 1845. :■'( c. w. Mj Geo. 3, the same Reign, and intituled. An Act to revive •^P- '^^- and continue an Act passed in the fifty-second year of His Majesty's Reign, intituled, " An Act to continue and amend an Act passed in the forty-eighth year of His Majesty's Reign, intituled, An Acv to continue an Act paused in the forty-fifth year of His Majesty^ Reign, intituhd. An Act to afford relief to those persons who may be entitled to chih/i Lands in this Province, as •Sic. Heirs and Devisees of the Crown,'' in cases where no Patent hath is-iued for such L%ndi-. an'^ furiUf to extend the henefit of the said Act" and to continue part of iha same ; and the Act of the said Legislature passed in the fifty-ninth year jf the c. w. 59 Geo. 3, sain<) RcigH, and intituled, An Act to continue and <»p- ^'^ amend an Act passed in the fifty '■sirth year of His Majesty^S' Reign, intituled <' Ati Act to rcoim and continue an Act passed in the fifty-second year of His MajeMfs Reign^ intituled, An Act to continue and ammd an Act ju'ssed in the forty-eighth year of His Majesty'' s Reign, intituled. An Act to continue an Act passed in the forty fifth year of His Majesty's Reign, intituled. An Act to afford relief to those persons who may he entitled to claim lands in this Province,as Heirs and Devisees of the Nominees of the Crown, in cases where no Patent hath issued for such Lands, and further to extend the benefit « ' require their daily attendance throughout the term appointed for their sittings, as aforesaid, they may adjourn for any time within such term that may be consistent with the despatch of such busi- ness as may be brought before tliein ; aiid the said Commissioners shall have power to appoint some fit person to be their clerk : Piovided always, thrit any act herein authorized or directed to be i^er- formed by one Commissioncir may be so performetl either in or out of the period appointed for their sittings. See 14 & 15 Vict., chapter 12, reHpecting this section on pnge 313. III. And be it enacted, That il. shall and may be lawful for each and every paity claiming any Lands within Upper Canada for which no Patent hath issued, as being the Hoir, Devisee or Assignee, of the original Nominee of the Crown, or as having derived a title or claim to such liOnds from or through any such lleir. Devisee or Assignee, to bring his claim before the said Com- Andwhatevi- missioners at their sittings, either personally or by *^''"'''^* his agent or attorney, and to produce before the said Commis- sioners all such documents, proofs and evidence as he may have to adduce in support of such claim ; and such rvidence may be given viv& voce before the said Commissioners, at their sittings, or by written depositions swogi before any one of the said Commissioners, or by any person specially appointed to receive the same by the said Com- missioners, or before the Judge of any Circuit Court, or any Clerk of the Peace, of any Commissioner for receiving affidavits, tob(! used in the Court of Queen's Bench in Upper Canq^la, each of whom is hereby authorized to receive such depositions and to administer the necessary oaths ; and all certificates certified copies of the Surveyor General or of the Clerk of the of certain docu- Executive Council, or copies certified by them "'^"^' respectively of documents in their custody, shall also be received in evidence before the said Commissioners. IV. And be it enacted, That the said Commis- Power to com. sioners shall have full power and authority in all Z^wo^^' Clerk to bo ap- pointed. Proviso as to acta to be done by any one Commis- sioncr. Wiat claims may be brought before the Couimuaiou- ors. Documents which may be re- ceived in evidence 335 cases 8 Vict. HEIB AND DETISEB ACT, (o. YT.) Cap. 8, 1845. witnossps,— pwrticH, &o. for cxwuinatiou. ^i cases where they shall deem it requisite for the purposes of Justice, to summon before them, by summons under the hand of anv one of them, either the claimant or any party interested in the case, or any other person whom they shall deem it expedient to examine as a witness in the case, or whom they may havi reason to believe to be in possession of any document by the pre duction of which the Hodooroxami. cnds of Justice maybe better attained; and to ductkm ofTiocu- require such claimant or party, or such witness to mentst, kc. submit to such oi'ul examination upon oath, or to answer on oath and to sign his answers to interroga- tories or cross-interrogatories in writing, or to produce such books, papers or documents in his possession, as to the said Commissioners shall appear requisite ; or the said Commissioners may cause such interrogatories or cross- interr 'gatories as they shall deem requisite to be served upon and answered by any such claimant, party or witness, or any witness whose deposition shall be produced in evidence Commisrior3:r.ay hcfore thcm, and may cause Commissions to be be issue 1 to issucd for the examination of any witness not resi- ciamine witness- i^.tt ..-. i i<- •• i 08 not in Canada dent lu Upper Canada, and ior requmng such ^^** witness to produce such books, papers or other documents as he may have in his possession, and may at their discretion delay the proceedings in the case until such evidence and answers as they shall have thought proper to require and order, shall have been adduced and given ; and if any claimant, party or person duly summoned to give evidence, or to produce any book, paper or document, or to answer any interrogatories or cross-interrogatories before the -.aid Commissioners, or before any person commissioned by them to receive the same within this Province, shall wilfully neglect to appear at the time and place appointed in the summons, or appearing, shall reiuse to answer any lawful question, or to produce any document in his possession, he shall thereby forfeit the sum of twenty-five pounds (to be recovered as hceinafter mentioned) to the party at whose instance he shall have been so summoned or required to answer or to produce such document ; and if the claimant or any party interested in the case shall make default to answer any interrogatory or toss- interrogatory which he shall have been duly re- quired to answer, the same shall be taken pro confessis, as if his answer had been such as would be most adverse to his own claim or interest. V. And be it enacted, That no claim shall be received or proceeded upon by the said Commis- sioners, until the party by whom, or on whose behalf the same shall be made (or if such party 336 consist Penalty on any party or witness neglecting to •ppcar or to •Dswcr, &o. Interrogatories not answered by » party to be taken pro eotkfessis. Affidavit to be ouule by any Claimant before hia claim shall be reoeived. 8 Vict. HEIB USD DXTISEE ACT, (c. W.) Cap. 8, 1845. consist of more than one person, then until some one of such persons) shall have made and produced before the said Commis- sionei's, an Affidavit in writing signed by him, that such claim is just and well founded to the best of his knowledge and belief, and that he is not aware of any adverse claim, or if he be aware of any adverse claim, that he has caused notice in writing of his claim and of his intention to bring the sawd before the said Commissioners at the time when it shall be actually so brought, (a copy of which notice shall be annexed to the affidavit) to be served on the party having or being supposed to have such adverse claim at least one month before the date of such affidavit. Certain public notice to bo given before a eliiini is inado and received. VI. And be it enacted, That the said Commis- sioners shall not proceed upon any such claim as aforesaid, unless a notice specifying such claim and the name or names of the party claiming, together with the number of the lot of which the lands claimed consist or of which they form part, and of the concession jvnd the name of the Township in which the same shall lie, shall have been put up in some conspicuous place in the office of the Clerk of the Peace of the District in which such lands are situate, during at least thirty days before such claim shall come to be heard before the said Commissioners, nor unless a certificate to that effect from such Clerk of the Peace shall be produced to the said Commissioners ; and it shall be the duty of the Clerk of the Peace of each District in Upper ?flVpe]S5^,Jitb Canada, once in every three months, to make a n^gJs!'* ^"^'^ list of the claims so put up in his Office, specifying therein the particulars of such claims in the manner in which they are hereinbefore required to be specified in the notice so put up, and to affix such list in some conspicuous part of the Court house, or place in which the Courts of General Quarter Sessions are held for the District, and to cause the said List to be publicly read and proclaimed in open Court at each such Session, by the Crier of the Court, and immediately after the delivery of the charge to the Grand Jury ; and for p^ ^^ ^^^ each such certificate as aforesaid, it shall be lawful for tiie Clerk of the Peace to demand and receive the sum of two shillings and six pence, and no more. VII. And be it enacted. That it shall be lawful peiaymaybe for the said Commissioners to defer, delay, or granted by th© ,. ., ,. I'LL* Cominiasionei"S. adjourn the proceedmgs on any claim brought before them, and to give such mrther or enlarged time for the production of evidence, or for any other purpose relative to such claim, and for the decision thereon, as they shall deem expedient for the attainment of the ends of justice. 337 VIIL !i)*l" 8 Vict. nXIB AVS PSTIOEX ACT, (o. IT.) Cap. 8, 1845. lit:. 1 1 1 Ooronilssiononi to dertdi! on tlio •laliii »M Oovornor luCuuiicil. TroviHo, M to t)io ofl'cct of tlio PaU-nt with regard to clittrf^cs or iiuuinbrati<:c(i on thi! luiuls. VIII. And be it enftcted, That after the said CoinmiHsioners shall have fully examined any such claini as aforesaid, they may either reject or allow the same as in their judgment the justice and equity of the ease may require without regard to legal forms or to the strict letter of the law or legal rules of evidence, and may report their decision to the Governor in PfcUnt to Issue Council; and such report shall be final and con- on iiuii rriiort, clusive (cxccpt in the case hereinafter mentioned,) and it shall be lawful for the Governor in Council to direct that Her Majesty's Letters I'atent under the Great Seal of the Pro- vince do issue, for granting the lands in question to the party who shall have been determined by the decision of the Commissioners to be entitled to the same, as representing the original Nominee of the Crown : Provided always, that such Letters Patent shall have such and none other eti'cct or operation with regard to any charge, incumbrance, lien, matter or thing, upon or affecting the lands so granted, as Letters Patent issuing for the same in favor of the original Nominee of the Crown would have had, save only as establishing the claim of the party in whose favor they shall be granted to the lands to which they relate, as the 'Heir, Devisee or Assignee of, or as otherwise representing the original Nominee : And provided also, that neither the decision of the Commissioners on any claim, nor the issuing of the Letters Patent on such de- cision, shall extend to or in any way affect any claim of the same party, or of any other party, to any lands other than those to which such decision shall ex* ,pressly relate, and which shall be mentioned and described in the report and Letters Patent, but such claim to other lands shall continue and remain as if such decision and report had not been made. PKtent not to IX. And be it enacted. That no Letters Patent Slnth^'aftcr tho shall issuc ou any decision and report of the said .report is received. Commissioners until after the expiration of one Calendar month, from the time such report shall have been tran»> mitted and marked as received by the Clerk of the Executive Council: and if, before the expiration of such Calendar month, any Quorum of the said Com- missioners shall, from any representation made to them, find reason to believe that such decision and report were obtained by surprise or erroneously made in any respect, and that justice requires that the issuing of the Letters Patent bo staid, then such Quorum of the said Comtnissionert may, although it be not then the regular period of their sitting, mport accordingly to the Governor in Council, and the issuing of the Letters Patent shall be thereupon staid, until the Conunissioners 338 sbal Rc.'jcrt and Fateiit not to . affect any <;laim ' to any Lanmnussionen sbaK 8 Vict. HUB AKO DEviBii ACT, (o. w.) Cap. 8, 1845. shall again report upon the case, and the said commiiwionort Commisiidoners may then rehear the case, or let may ivhew tb« in any new claim and receive or insist upon any "*"' new evidence as to them shall appear expedient to enable them to do justice in the case, and may thereafter decide and report thereon as if no prior decision and report had been made, and with like effect: rrovided always, that the said Proviso: the corta Commissioners, if under the circumstances of the case, it shall appear to them fair and right so to do, may allow to the party in whose favor the first decision and report shall have been made, such costs against the party at whose instance the case shall have been taken into consideration as they shall d( m just and reasonable, or may in case of fraud or wilful wrong in the conduct of such party award costs in like manner against him to the party in whose favor the subsequent decision and report shall have been made. oo(!aiiionod by Huoh rnhrarinff !• bo ill the dlRore- tion uf tlie Com- mlaiunen. Purchasorsofua* patonted lands Hold for taxes, may (yie their claims for a Pa>^ tent before the Commissioners. X. And be it enacted. That when any lands described as granted in any Schedule furnished by the Surveyor General to the Treasurer of any District in Upper Canada, under the provisions of any law concerning the collection of local taxes or as'sessments in that part of this Province, but for which no Letters Patent shall have issued, shall have been sold by the Sheriff for arrears of such local taxes or assessments, and the period allowed by law for the redemption of such lands shall have expired, it shall be lawful for the purchaser, or for the Heir, ijevisee or Assignee of the purchaser to claim the same before the Commissioners aforesaid, and such purchaser shall thereupon for all the purposes of this Act be considered as an Assignee of the original Nominee of the Crown, and his claim shall be acted on and dealt with accordingly. XL And be it enacted. That where /er the origi- ^g^i of mortn- Dal Nominee of the Crown, or an;/ party through f^oro^thlT^M whom the party obtaining Letters Patent for any of the Letters Lands under this Act shall be declared by the Com- ^**®°** missioners to have derived his claim thereto, shall before the issu- ing of such Letters Patent have granted any mortgage, incum- brance or Lien on such Lands, by any instrument by which the same would have been validly granted, if the Letters Patent had issued in favor of the Grantor before the date of such instrument, the same may be registered in the Office of the Register for the County in which such lands shall lie subject to the same condi- tions, and with the same effect and no other, and shall in Law ind equity have the same force and effect and no other, as if Letters Patent for the said Lands, had, before the execution of such instrument, issued in favor of such Grantor* 88d XII. evict. BITS AlTD SEVISt*^: a(% (o. w) Cap. R, 1845. UnflnlnhMl pro* oeodinm boforo tho foniuir Com- miMtoiicra, nuqr Im coiitimuid bofom thoaoap* noiiit4t1T OF, (o. W.) Cap. 6, 1851. REAL ESTATE, DIVISION OF, TO EELATIVES. CAP. VI. AN ACT TO ABOLISH THE RIGHT OF PRIMOGENITURE IN THE SUCCESSION OP REAL ESTATE HELD IN FEE SIMPLE OR FOR THE LIFE OF ANOTHER, IN CANADA WEST, AND TO PROVIDE FOR THE DIVISION THEREOF AMONGST SUCH OF THE RELATIVES OF THE LAST PROPRIETOR AS MAY BEST ACCORD WITH THE RELATIVE CLAIMS OF SUCH PARTIES IN THE DIVISION THEREOF. [Assented to, 2nd Augmtf 1851.] Preamble. WHEREAS it is expedient to abolish the right of Primogeniture in the succession to real estate held in fee simple or for the life of another, in Upper Canada, as such right now exists according to the laws in force in that section of the Province, ahd to provide for the divisions of such real estate amongst such of the relatives of the person last seized or possessed, and who shall have died without leaving any testementary disposition thereof, as may best accord with the relative claims of such parties in the division thereof: Be it therefore enacted, &c., That whenever on How real estate or after the first day of January which will be in of an intestate the year of our Lord one thousand eight hundred Jan'^ary!T852^ and fifty-two, any person shall die seized in fee shall descend. simple or for the life of another of any real estate in Upper Canada, without having lawfully devised the same, such real estate shall descend or pass by way of succession in manner following, that is to say : Firstly — To his lineal descendants, and those claiming by or uader them, per stireps ; Secondly — To his father ; Thirdly — To his mother ; and Fourthly — To his collateral relatives ; Subject iN all cases to the rules and regulations hereinafter prescribed. II. And be it enacted. That if the intestate shall Astodescen- leave several descendants in the direct line of degree"of lineal descent, and all of equal degree of consan- consanguinity. guinity to such intestate, the inheritance shall descend to such persons in equal parts, however remote from the intestate the oornmon degree ot consanguinity may be. 347 III 14 & 15 Vict. EEAL ESTATE, DIYISIOK OP, (O. W.) Cap. 6, 1861. li be'uwn "^Sild""* ^^^' -^"^ ^^ *' enacted, That if any of the children otheroXaid. of such intestate be living, and any be dead, the leaving issue- inheritance shall descend to the children who are living, and to the descendants of such children as shall have died, so that each child who shall he living shall inherit such share as would have descended to him if all the children of the intestate who shall have died, leaving issue, had been living; and so that the descendants of each child who shall be dead shall inherit the share which their parent would have received if living, in equal shares. SuDoruieasto IV. And be it enacted, That the rule of descent ffis ttn^uai prescribed in the last section shall apply in every wS^f uinit ^^® where the descendants of the intestate, entitled to share in the inheritance, shall be of unequal degrees of consanguinity to the intestate, so that those who are in the nearest degree of consanguinity shall take the shares which would have descended to them, had all the descendants in the same degree of consanguinity who shall have died leaving issue, been living, and so that the issue of the descendants who shall have died, shall respectively take the shares which their parents if living would have received. V. And be it enacted. That in case the intestate shall die without lawful descendants, and leaving a father, then the inheritance shall go to such father, — unless the inheritance came to the intes- tate on the part of his mother, and such mother be living ; and and if such mother be dead, the inheritance descending on her part shall go to the father for life, and the reversion to the brothers and sisters of the intestate and their descendants, accord- ing to the law of inheritance by collateral relatives hereinafter provided ; ind if there be no such brothers or sisters, or their descendants, living, such inheritance shall descend to the father. If there be no ^^' ^^^ ^^ ^^ enacted, That if the intestate father entitled to shall dic without descendant and leaving no father, or leaving a father not entitled to take the inherit- ance under the last preceding section, and leaving a mother and a brother or sister, or the descendant of a brother or sister, then the inheritance shall descend to the mother during her life, and the reversion to such brother or sister of the intestate as may he living, and the descendants of such as may be dead, according to the same law of inheritance hereinafter provided ; and if the intestate in such case shall leave no brother or sister, nor any descendant of any brother or sister, the inheritance shall descend to the mother. And if there be ^^^' ^"^ ^® ^* enacted. That if there be no neither tirther father or mother capable of inheriting the estate, nor mo r. ^^ ^^^^y descend in ihe cases hereinafter specified 348 to If the intestate leave no descen- dants rights of fkther, mother, Ac. K 6, 1851. B children dead, the 1 who are hall have lerit such ren of the sn living ; dead shall eceived if of descent y in every ite, entitled of unequal ise who are the shares lescendants lied leaving indanis who which their the intestate and leaving go to such |to the intes- living; and iding on her [rsion to the ints, accord- hereinafter ers, or their the father. le intestate ig no father, the inherit- mother and sister, then ler life, and [e as may he [according to 1; and if the ter, nor any liall descend Ihere be no the estate, ler specified to 14 & 15 Vict. HEAL ESTATE, DITISlOir OF, (o. w.) Cap. 6, 1851. to the collateral relatives of the intestate ; and if there be several of such relatives, all of equal degree of consanguinity to the intestate, the inheritance shall descend to them in equal parts, however remote from the intestate the common degree of con- sanguinity may be. VIII. And be it enacted, That if all the brothers Succession of and sisters of the intestate be living, the inherit- sisters mid'thcir aace shall descend to such brothers and sisters ; ^««<=«^»'^'"''- and if any of them be living and any be dead then to the brothers and sisters and every of them who are living, and to the descen- dants of such brothers and sisters as shall have died, so that each brother or sister who shall be living, shall inherit such share as would have descended to him or her, if all the brothers and sisters of the intestate who shall have died leaving issue had been living, and so that such descendants shall inherit the share which their parent would have received, if living, in equal shares. IX. And be it enacted, That the same law of Astosuchdcs- inheritance prescribed in the last section s'all X^'J^l^tiowjes. prevail as to the other direct lineal descendants of every brother and sister of the intestate, to the remotest degree whenever such descendants are of unequal degrees. X. And be it enacted, That if there be no heir entitled to take under any of the preceding sections, pn^^Hding the inheritance, if the same shall have come to sections, the intestate on the part of his father shall descend : Firsty. To the brothers and sisters of the father of the intes- tate in equal shares, if • all be living. Secondly. If any be living, and any shall have died leaving issue, then to such brothers and sisters as shall be living, and to the descendants of such of the said brothers and sisters as shall have died, in equal shares. Thirdly, If all such brothers and sisters shall have died, then to their descendants ; and that in all such cases the inheritance shall descend in the same manner as if all such brothers and sisters had been the brothers aad sisters of th(; 1.0 I.I t Its 112.0 1.25 1 1.4 1.6 ^ 6" ► "W Photographic Sciences Corporation 23 WEST MAIN STREET WEBSTER, N.Y. 14580 (716) 873-4503 <^ ^ :\ \ .4 ^ >> ^Tiot. nrf Asn* HAL mTAXi iOT, («. wO Oap. 72, IMa of bis or her laid property being exposed to waste and di|api4«r tidily the Court may order the sale» or the letting for a ternn of years, or other dispositioi^of such Rei^ Estate or aiiy part thereof Coimgwioe. te., to DO ma4e under the direction of the Maater howtdbemde. ^f t|jg sjEMd Court, or by tl^e Croardian or Gaar^- ians of such Infant, or by any personappointed by thesaid Coprt, for the purpose, in such manner and with such restrictions as to the said Court shall seem expedient, and may order the Infant to eonvey such Real Estate as the said Court shall think proper ; Ooimnnoe.ae, and every such conveyance diall be as valid and to urtM. effectual, to all intents and purposes, as if the In- fant had been, at the time of making or executing the same, of praviMHtoM- ^'^ *8»® of twenty-one years; Provided always^ titas bgrderto^ that no such Real Estate shall be so sold, leased, ^ or otherwise disposed of as aforesaid in any man- ner, against the provisions of any last will or of any conveyance t>y which such Estate was devised or grai^ted to such Infant, or ioariusorheruse. •Court mayorder ^- ^^^ ^ ^^ enaoted, That where the said gaygewoptf^g Court shall find or deem it more convenient that mrirathoooifficgr- the conveyance to be mafle and es^outed in pmv ""^ suance of the provisions of this Act, should be ex* eonted by some person in the place of Uie Infant, then and in gnch case it shall be lawful for the said Court of Chencery to direct any perstm whom sc^h Goort may think proper to appoint for that purpose, in the place of the Infant, to convey such estate to such pers(Hi,and in such manner as the said Court shall think proper ; and every such conveyance shall be as valid and effeo- tttu to all intenti and purposes, as if the Infant had made and executed the same, and had been of the age of twen^-one yean at the time of making and executing the same. IV. And be it enacted, That the, moneys arismg from any such sale* lease or other disposition, i| hereinbefore mentioned, shall be laid out, applied and dispoiied cfm such mannw as the said Court shall direct. AppUoation of •aft torepra* emto< y. And be it enacted, That on any sale or other disposition which shall be madis in pursuance of this Act, the moneys thereby raised, or the smplus thereof, as tiis case may be» shall be of the same nature and character as ths Estate so sold or disposed of, and the heirs, next of kin, or other representatives of the Infant, shall have, such and the like inte^ est in any sundus which may remain of such moneys at the dilr cease of audi mfiuit^ as they would have had in the£«tate so sflli lit;!' ? 4 id dUapi^Ar r a tenn of the Master I or GuaT4- BsaidConrt. ictions wtq the Infant to rink proper ; as valid and as if the In- the same, of ided always, > sold, leased, in any man- f conveyance ich Infant, or here the said myenient thai pouted in pur* , should be ex- it, then and in [f Chencery to »per to appoint ey such estate »urt shall think ralid and effeo- had made and enty-one yeait loneys arisiBg disposition, •! sd and dispoted Ly sale or other in pursuance of I thereof, as the Iharacterasthe lof kiB,orot)>flf \ the like i9l«K- fneysatthear iBiiiatesosW y% Tkt. 9IAI* nofi9ffT sm*m« lor, (o. m) O^p. 71, 1810; Yt Ai>d be it enacted, That if the Real Estate iw^^^mi\m9 of any Infant applyintfaii aforesaid, or any part of SmSfSn'ffiS^ it,, shall be subject to Dower, and the person en- £Stormour^ ''Med thereto shall consent in writing to accept niNd, such gross sum in lieu of such Dower as the Court shall think reasonable, or the permanent investment of a reasonable stim in such manner as that the interest thereof be made payable to the person entitled to the said Dower during her life, the sud Court may direct the payment of such sum in gross or the investment of such other sum as aforesaid, as the case may be, which sums so paid or invested shall be taken out of the proceeds of the sale of the Real Estate of such Infant VIL And be it enacted. That the said Court shall court to makn have full power and authority to make all such "^^ rules and orders as may be requisite for carrying this Act into effect, or for regulating the proceedings under it HEAL PROPERTY TO TRANSFER ACT, (0. W.) m CAP. LXXI. AN ACT TO SIMFLIFT 7HB TRAKBFBB OF BBAL PnOFinTT IN OAKADl WBST, AND TO BBNDBB OBBTAIN SIQHTS AND INTBB18TS THBBBIN UABLB UNDBB BXBCUTION. \jMimied to, mh J%, 1849.} FOR simpUfVing the Assurance of Property by _. . , Dee4s, and for facilitating the remedy of ^"^^ Judgment Creditors aoainst the Frbpcrty of tbeir Debtors : Be it enacted, &c., That tne words ana expressions int_,«tKtioB or hcireinafter mentidned, which in their ordinary ss^^^^^ signification haVe a more con^ncd or a different *'^^^ meaning, shall in this Act, except where the nature of the pro- ▼i$ion or the context of the Act shall exclude such construction, be interpreted as follows, that is to say : the word " Land " tium extend tQ messuages^ lands, tenements, and hereditaments^ w&e- th<)r corporeal or incorporeal, and to any nndiyided share thereof, and to any estate ^r intereit thereon, and to money subject to be invested in thei purchase of land or of any intejpest therein ; the word <* Conveyance " shall extend to a feofifaient, grant, leasee Winder, or other aMUraoce of land ; the \Md ** Person ** shidi Vf$ui$A (0 a QorpoMtalM at well m an iadiiddiml ; waidwtirf 865 woid If :l.l!j:i Ko Implied war* rutty, fto., to be created by the word "Grant" or "Hzohange." Beoeiptfl of trustees to be effectual dis* ohareea* 12 Yiot. aiAZ nonsTT TBursna aot, (o. ^.) Cap. 71, 1840. > >|ij; word importing the singular number only, shall extend and be applied to several persons or things as well as to one person or thing; and every word importing the masculine gender only, shall extend and be applied to a female as well as a male. Sections JL, HI., IV., and V. rqieakd, I Reflpeoting the repealed sections in this Act, see 14 ft 15 Tlct., cap. 7, on page ll?l 167 in this work. VI. And be it enacted, That neither the word " Grant," nor the word •* Exchange," in any deed shall have the effect of creating any warranty or right of re-entry, nor shall either of such words have the effect uf creating any covenant by implication, except in cases where by any Act in force in Upper Canada, it is or shall be declared that the word ** Grant '' shall have such effect. Sections VII., VIII., and IX. repeakd. X. And be it enacted, That the bond fide pay- ment to and the receipt of any person to whom any money shall be payable upon any express or imphed trust, or for any limited purpose, or of the survivors or survivor of two or more mortgagees or holders, or the executors or administrators of such survivor, or their or his assigns, shall effectually discharge the person paying the same from seeing to the application or being answerable for the misapplication thereof, unless the contrary shall be expressly declared by the instrument creating the trust or security. Section XI. repealed. Sfi^lS?'*w»Act. the thirty-first day of December, one thousand eight hundred and forty-nine, and shall not extend to any deed, act or thing exe- cuted or done, or (except so far as regards the provisions herein- before contained as to existing contingent remainders) to any estate, right or interest created, before the first day of January, one thousand eight hundred and fifty. XV. And be it enacted. That this Act shall ex- Acttoextendonir tend only to Canada West. to aw. REAL PEOPERTY TRANSFER ACT, AMENDED, (C. W.) •T CAP. VII. AN ACT TO AMEND AN ACT PASSED IN THE TWELFTH TEAR OV HBB HA- JESTT'S BEION, INTITULED. AN ACT TO SIMPLIFY THS TBANSFEB OF REAL F&OPEETT IN CANADA WJBST, AND TO EENDBR CEETAUT MIGHTS AND INTERESTS THEREIN LIABLE UNDER EXECUTION. [Atsented to, 2d Au^tf 1851.] Flrauible. WHEREAS it is expedient to amend an Act passed in the twelfth year of Her Mi\jes- ty's Reign, intituled. An Act to simplify the transfer of real pro- perty in Upper Canada^ and to render certain rights and interests therein liable under execution : Be it therefore enacted, &c.. That the second, third, fourth, fifth, seventh, eighth. Certain aectioiu ninth, and eleventh sections of the said first re- np«£i.*'*^ cited Act be and the same are hereby repealed. II. And be it enacted. That all corporeal teno- oorporeoi tene- ments and hereditaments shall, as regards the con- Sd to1i^'£u4 veyance of the immediate freehold thereof, be *o. deemed to lie in grant, as well as in livery. 357 nL w. ) * 14 A 15 Tiot. VEAimnB aot, aihitdsd, (o. w.) Capi 7, 1801. i c " f «ileHlqrdeed.to tovoM. m. And be it enacted, That » feoffment, othe^ wise than by deed, shall be voia at law, and no feofiVnent shall haVe any tortious operation. Aurtitionona. IV. And be it enacted, That a partition and an £X£.!^toM exchange of any tenements and hereditament^ ^deedtobeToid. g^ g^ letoe required by law to be in writing of any tenements and hereditaments, and an assignment of a chattel interest in any tenements or hereditaments, and a surrender in writing of any tenements or hereditaments not being an interest which might by law have been created without writing, shall be Toid at law, unless made by deed. CBrtaininterat V. And be it enacted, That a contingent, an ex- ftXiS^^^r^ ecutory and a future interest and a possibili^ ^^^ coupled with an interest in any tenements or here* ditaments of any tenure, whether the object of the gift or limit ation of such interest or possilnlity be or be not ascertained, also aright of entry, whether immediate or future, and whether vested or contingent into or upon any tenements or hereditaments of of any tenure, may be disposed of by deed, but that no such dis- position shall by force only of this Act defeat or enlarge an estate tail, and that any such disposition by a married woman shall be ittade conformably to the provisions of any Act in force at die time of such disposition for enabling married women to convey their real estate. Certain ocntinf. ent remainden made valid. VI. And be it enacted. That a contingent re- mainder, existing at any time fiiler the thirtieth day of May, one thousand eight hundred and forty- nine, and if created before the passing of this Act, shall be deemed to have been capable of taking effect, notwithstanding the deter- mination by foifeitur^ surrender or merger, of any f»receding estate of freehold. Bffect of fliurren- der or merger of reversions expect- ant on a lease in certain cases. Vll. And be it enacted. That when the rever- sion expectant on a lease made either before or after the passing of this Act of any tenements or hereditaments of any tenure, shall be surrendered or merged, the estate which shall for the time being confer, as a|;ainst the tenant under the same lease, the next vested right to the same tenements or hereditaments, shall, to the extent and for the purpose of preserving such incideuts to and obligations on the same reversion as but for the surrender or merger thereof would have subsisted, be deemed the reversion expectant on the same lease. Izeoiitor of de- ceased mortgagee ntir convey orre- VIII. And be it enacted, That when any person entitled to any freehold or leasehold land by way 358 of lent, othflT- kW, and no tion and an editaments, itingofany of a chattel Burreade' w J an interest ling, shall be iigent,an«4- ft possibility lents or here- ^ft or limit ertained. also hether vested editaments of ,t no such dis- arge an estate oman shall be in force at the nen to convey contingent re- the thirtieth red and forty- lall be deemed ling the deter- By preceding Jien the rever- Ither before or / tenements or be surrendered king confer, as Wested right to extent and for 1 obligations on nerger thereof pectant on the ^en any person land by way 01 li ft 15 Tibt. uiiDTO 01 £i!imki, iM., (c. i^.) C^. 8, 18in. df mortgage, has or shafll have departed this life, SSSiiS'taS! imd his executor or aditoinistrator is or shall be MaauMT Mititled to the money secured by the mortgage, or shall have aa- iiehted to a bequest thereof, or shall have assigned the mortgaga dibt, such executor or administrator shall have po^er, on pay- itaent of the principal money and interest due on the said mOrt> l^e, or if the mOrtgitgiB money shall have been paid to the tei- uitor or intestfkte in his lifetime, to convey, release and discharge the said mortgage debt and the legal estate in the land; andsucli executor or admmistrator shall also have the same power as to any portion of the lands, on payment of some part of the mort- ({age debt, or on any arrangement for exonerating the whole or any part of the mortgaged lands without payment of money, and guch conveyance, release or discharge shall be as effectual as if the same had been made by any person having th e legal estate. IX. And be it enacted. That the thirteenth sec- geouonisoi tion of the said recited Act shall extend and be g!?!|i^O' applied to any estate, right or title or interest in lands which may be disposed of by deed under the fifth section of this Act LEASING OF LANDS AND TENEMENTS, (C. W.) OAif. VIII. AN ACT TO FAOILITATB THB LBASING OF LANDS AND TBNBUBNT8. [AnnOei to, 2d August, 1851.] Fraunbla. PormofwordtlBv ooIuDin 1 of Sdi*.. dule to be oon> strued as in ool- umii a. WHEREAS it is expedient to facilitate the leasing of lands and tenements : Be it therefore enacted, &c.. That from and after the passing of this Act, whenever any person, being a party to any deed which shall be expressed Ut be made in pursuance of this Act, shall employ in in such deed any of the forms of words contaiued in column one of the Schedule hereto annexed, and distinguished by any num^ bier therein, such deed shall be taken to have the same effect and be construed as if such person had inserted in such deed the form of words contained in column two of the same Schedule, and distinguished by the same number as is annexed to the form Of words employed by such person, but it shall not be necessary in any such deed to insert any number. 859 U. 14 A 15 Tiot. Lumra ov laitsi, no., (o. w.) Cap. 8, 1851. LMHtofaiohidA n. And be it enacted, That every such deed, ^^'SSuS^ unless any exception be specially made therein, ' ' shall be neld and construed to include all out- houses, buildings, bams, stables, yards, gardens, cellars, ancient and other lights, paths, passages, ways, waters, water courses, liberties, privileges, easements, profits, commodities, emoluments, hereditaments and appurtenances whatsoever, to the lands and tenements therein comprised belonging or in anywise appertain- ing. in. And be it enacted. That any deed or part of a deed, which shall fail to take efiect by virtue of this Act, shall nevertheless be as valid and ef- fectual by virtue of this Act, shall nevertheless be as valid and ef- law and equity will permit, as if this Act had not been made. let to apply to I^* And be it enacted. That this Act shall be c w. «Sy, Jq force only in Upper Canada. BActiftiwDeed do not take effect M under thia Act li M- Column 1. 1. That the said (kssee) covenants with the said {kssor) to pay rent. % And to pay taxes. 8. And to repair. 860 SCHEDULE. Column 2. 1. And the said lessee doth hereby for himself, his heirs, executors, administrators and assigns covenant with the said lessor that he, the said lessee, his executors, ad- ministrators and assigns will, during the said term, pay unto the said lessor the rent hereby reserved, in manner hereinbefore mentioned, without any deduction whatso- ever. 2. And also will pay all taxes, rates, duties and assessments whatsoever, whether municipal, parliamentary or otherwise, now charged or hereafter to be charged upon the said demised premises, or upon the said lessor on account thereof. 3. And also will, during the said term, well and sufficiently repair, maintain, amend and keep the said demised premises with the appurtenances, in good and substantial repair, and all fixtures and things thereto belonging, or which at any time during the said term shall be erected and made, when, where, and so often as need shall be. 6. And not to oat down timber. 6. And that the said {lessor) may enter and view state of repair, and that the said (lessee) will repair according to notice. 14 A 15 Yiot. LULixiro or LAims, iro., (o. w.) Cap. 8, 1851. 4. And to keep 4. And also will, from time to time^ np fenoea. during the said term, keep up the fences and walls of or belonging to the said pre- mises, and make anew any parts thereof that may reauire to be new-made in a good and husbanalike manner, and at proper seasons of the year. 5. And also will not at any time, during the said term, hew, fell, cut down or destroy, or cause or knowingly permit or suffer to be hewed, felled, cut down or destroyed, without the consent in writing of the lessor, any timber or timber trees, except for ne- cessary repairs, or firewood, or for the pur- pose of clearance as herein set forth. 6. And it is hereby agreed that it shall be lawful for the lessor and his agents, at all reasonable times during the said term, to enter the said demised premises to ex- amine the condition thereof, and further that all want of reparation that upon such view shall be found, and for the amend- ment of which notice in writing shall be left at the premises, the said lessee, his ex- ecutors, administrators and asssigns will, within three calendar months next after such notice, well and sufficiently repair and make good accorL v?^y. 7 And also that the lessee shall not nor will, during the said term, assign, transfer or set over, or otherwise by any act or deed procure the said premises or- any of them to be assigned, transferred, set over or sub- let unto any person or persons whomsoever without the consent in writing of the lessor, his heirs or assigns first had and obtained. 8. And further, the lessee will, at the ex- piration or other sooner determination ol the said term, peaceably surrender and yield up unto the said lessor the said pre- mises hereby demised with the appurten- ances, together with all buildings, erections and fixtures thereon, in good and substan- tial repair and condition, reasonable wear and tear and damage by fire only excepted. 801 9. 7. And will not assign or sub-let without leave. 8. And that he will leave the pre- mises in good re- pair. 1; ^'^^ £ f^s;. II Mr' i «i ■ ' « .. gv ;l ?♦ f i : i fii; ^9. Proviso for re>- Mtry by the said {htsor) on non- piftym^nt of rent or tton-perfonnance of covenants. Uk 16 Ti6t. uiLitird ot X.AIIM, #ro., (o. lr.) 0«^. 8, IVbi. 0. Provided always, and it is heMby ei- press! V agreed, that if the rent hereby M- served, or any part thereof, shall be unpaid for fifteen days after any of the days on which the same ought to have been paid, although no fohnal demand shall have oeen made thereof, or in case of the breach or non-performance of any of the covenants or ajgreements herein contained on the part of the lessee, his executors, adminis- trators or assigns, then and in either of such casto it sh&II b^ lawftil for the lessor at any time thereafter, into and upon the said de- mised premises, or any part thereof, in the name of the whole, to re-enter, and the same to have again, re-possess and ei\joy, as of his or their former estate ; anything hereinafter contained to the oontruy not* withstanding. 10. The said (kssor) covenants with the said (lessee) fbr quiet enjoyment. ' » ' 10. And the lessor doth hiBMby for hiitt>. self, his heirs, executors, administrators toA assigns, covenant with the le»96e, his exit^ icutors, adihihistrators and assigns tha^ hi and they paying the rent hereoy reserve^ and performing the covenants hereinbefore on his and their part contained, shall and may peaceably possess and enjoy the saidde- mised premises for the term hereby granted, without any interruption or disturbance from the lessor, his heirs, executors, admi- nistrators and assigns, or any other person pr persons lawfully claiming by, iron^ 0^ under hiiti, thcM or any of them. Directions as to the Forms in the Schedule* 1. Parties who use any of the forms in the first column of this Schedule, may substitute for the words ** lessee " or << lessor" any name or names, and in every such case corres- . ponding substitutions shall be taken to be made in the corres* ponding forms in the second column. 8. Such parties may substitute the feminine gender for the masculine, or the plural number for the singular, in the form in lite first column of the Schedule, and corresponding changes «hall be taken to be made in the corresponding forms in the lecond column. d. Such parties may introduce into or annex to any of the ^<»ms in the first column any express exceptions from or express 362 qualification • Viot. eoirmiMn or tiit vwonafrt, (o. w.) Cap. 6, IM. MaNfieation thereof respeotively, and the like exceptions or aua- ttfioations shall be taken to be made fVom or in the oorresponaing Ibrms in the second column. 4. Where the premises demised are of freehold tenure, the co> tenants 1 to 8 shall be taken to be made with, and the proviso 9 to apply to the heirs and assigns of the lessor ; and -where the premises demised shall be of leasehold tenure, the covenants and proviso shall be taken to be made with, and apply to, the lessort MS executors, administrators and assigns. CONVEYANCE OF EEAIPROPERTT, (C. W.) wnsra thfl worjli ofooluiimlorift* Mcond BohediU* are employed, ttt deed to IwTe Um same eCrect Mir the wonU in mI« umn 8 were in« •erted. CAP. VI. Air ACT TO IPACILITATS THB OONTBTANOB OF REAL PBOPXaTT IN CAVASA , WEST. [AMteniedto,XSthMajf,lB4a.\ WHEREAS it is expedient to facilitate the p^^^ sale and conveyance of Real Property : Be it therefore enacted, Sio., That whenever any party to any deed made according to the ibrms set forth in tbe first Schedule to this Act, or to any <^er deed which shall be expressed to be made in pDTSuance of this Act, or referring thereto, shall eniploy in any such deed respectively any of the forms or words contained in column one, of the second Schedule hereto annexed, and distinguished by any number therein, such deed shall be taken to have the same effect, and be construed as if such party had inserted in such deed the form of words contained in column two of the same Schedule, and distinguished by the same number as is annexed to the form of words employed by such party ; but it shall not be necessary, in any such deed* to insert any such number. II. And be it enacted, That every such deed, Deedtoinohid* unless any exception be specially made therein, Md^u^venSM shall be held and construed to include all houses, «ndauthee«ta&. out-houses, edifices, barns, stables, yards, gardens, orchards, com- mons, trees, woods, underwoods, mounds, fences, hedges, ditches, ways, waters, water-courses, lights, liberties, privileges, easements, profits, commodities, emoluments, hereditaments and appurten- ances whatsoever, to the lands therein comprised, belonging or in any wise appertaining, or with the same demised, held, used, oc- 863 cupied ■'* -,; ■-. r: h 'i-. if i (' Vioi oommiiroi oi bial raomvr, (o. w.) Cap. 6, 1846. copied and ei\joyed, or tak^n or known m part or paroel thereof; and alio the reversion or reversions, remainder and remainders^ yearly and other rents, issues and profits of the same lands, and of every part and paroel thereof, and all the estate, •right, title, interest, inheritance, use, trust, property, profit, possession, claim and demand whatsoever, both at law and in equity, of the grantor, in, to, out of, or upon the same lands, and every part and paroel thereof, with their and every of their appurtenances. iMnunentionfbr III. And be It enacted. That in taxing any bill AoTnot to be%y ^^^ preparing and executinff any deed under this lenffthonijr. Aot, it shall be lawful for the taxing officer, aod he is hereby required, in estimating the proper sum to be oharoed for such transaction, to consider not the length of such deed, but the skill and labour employed and responsibility incurred in the preparation thereof. SSfeSSf 5n*der ^V. And be it enacted. That any deed or part of «^ Act to be H a deed, which shall fail to take efifect by virtue of nuuiew*' ° ^ this Act, shall, nevertheless, be as valid and efiec> tual, and shall bind the parties thereto, so far as the rules of law and equity will permit, as if this Act had not been made. Ooiutnietionor V. And be it enacted, That in the construction, ^^ and for the purposes of this Act, and the ^Schedules hereto annexed, unless there be something in the subject or cod> text repugnant to such construction, the word '* lands " shall ex- tend to all freehold tenements and hereditaments, whether cor- poreal or incorporeal, or anv undivided part or share therein, re* spectively ; and every word importing the singular number onlv shall extend and be applied to several persons or things as weU as to one person or thing, and the converse ; and every word im* porting the masculine gender only shall extend and be applied to a female as well as a male ; and the word *' party *' shall mean and include any body politic or corporate or collegiate as well as an individual. VI. And be it enacted. That the Schedules, and the directions and forms therein contained, shall be deemed and taken to be parts of this Aot Vn. And be it enacted. That this Act shall only apply to deeds executed upon or after the First day of June next. SSiSSita ciSSif ^^- ^^^ ^® ** enacted. That this Act shall only Wert. extend to lands in that part of the Province of Canada formerly Upper Canada. Sohedules, ftc, to f9nup*rtof Aot. Oommenceinent of Act. 364 SoHEDOUS )vp, 6, 1846. oel thereof; remainder!, ) lands, and •right, title, iMion, claim the srantor, t and parcel ing any bill 3d under thii I officer, and ^obecharsed ich deed, but ourred in the sed or part of t by virtue of klid and efTec* 3 rules of law made. construction, the Schedulei ubject or con* iids" shall ex. whether co^ re therein, re* number onl; lings as we) iTery word im- id be applied " shall mean 3giate as well |chedules,and itained, shall Lct shall only tter the First Let shall only Province of ScHEDUUBI i 9 Yiot. ooimTAirci or miAi raoFiBTT, (o. w.) Cap. 6, 1846. SCHEDULES TO WHICH THIS aCT REFERS. THE FIRST SCHEDULE. This indenture, made the da^ of one thousand eight hundred and , in pursuance of the Act to facilitate the conveyance of real property, between {here inset t names of parties ana recitals, if any), Witnesseth, that in consideration of pounds, of lawful money of Canada, now paid by the said (^antee or grantees) to the said {grantor or grantors) (the receipt whereof is hereby by him {or them) acknowledged), he {or they the said {grantor or grantors) doth {or do) ffrant unto the said {grantee or grantees) his {or their) heirs and assigns for ever, all, dec, (parcels). {Here insert co- volants or any other provisions). In witness whereof the said parties hereto have hereunto set their hands and seals. .. . THE SECOND SCHEDULE. DIREOTIONS AS TO THE FORMS IN THIS SCHEDULE. 1. Parties who use any of the forms in the first column of this Schedule may substitute for the words '* covenantor " or " cove- nantee,** or "releasor" or "releasee," or "grantor" or " grantee,** any name or names, and in every such case corresponding sub- stitutions shall be taken to be made in the corresponding forms in the second column. 2. Such parties may substitute the feminine gender for the masculine, or the plural number for the singular, in any of the forms in the first column of this Schedule, and the corresponding dianges shall be taken to be made in the corresponding forms in the second column. 3. Such parties may introduce into, or annex to, any of the forms in the first column any express exceptions from, or other express qualifications thereof respectively, and the like exceptions or qualincations shall be taken to be made from or in the cor- responding forms in the second column. 4. Such parties may add the name or other designation of any person or persons, or class or classes of persons, or any other words, at the end of form two of the first column, so as thereby to extend the words thereof to the acts of any addi- tional person or persons, or class or classes of persons, or of all persons whomsoever; and in every such case the covenants two, three and four, or such of them as shall be employed in such deed, shall be taken to extend to the acts of the person or persons, class or classes of persons, so named. 365 Column 1 it I ¥\f y3 f! ' ' : I ' II f I 9 Yiot oowiTAiroi oi bbax pbobii^tt, (o. w.) Cap. 6, I8M. Ci^umn 1. 1. The said {co- venantor) cove- nants with the said (covenantee), 2. That he has the right to convey the said lands to the fiaid {covenafUee) notwithstanding any act of the said {qovenantor). 3. And that the said (covenafUee) shall have quiet possession of the said lands. 4. Free from all incumbranoes. UJ IM And the said covenantor doth hereby, for himself, his heirs, executors and adminis- trators, covenant, promise and agree, with and to the said covenantee, his heirs and assigns, in manner following (ebtt, (o. w.) Cap. 6, 1846. cutedt ocpa9ioned, or suffered by the said cpyenfiptor or hi/s heirs, or by any person ciaiming, or to claim, by from, under, or in trust for him, them, or any of them. 6. And the said {covenantor) cove- lumts with the said {covenantee) that h^ will execute such further assurances of the said lands as may be requisite. &. And the said covenantor doth hereby* ibr himself, his heirs, executors and admi- nistrators, covenant, promise, and agree with, and to the said covenantee, his heirs and assigns, that he, the said covenantor, his heirs, executors and administrators, and all and every other person whosoever hav- ing or claiming, or who shall or may here- ailter have or cla'mi any estate, right, title or interest whatsoever, either at law or in equity, in, to, or out of the said lands and premises hereby conveyed, or intended so to be, or any of them, or any part thereof^ by, from, under, or in trust for him, them, or any of them, shall and will, from time to time, and at all times hereafter, upon every reasonable request, and at the cost and charges of the said covenantee, his heirs or assigns, make, do, execute, or cause to. be made, done, or executed, all such further and other lawful acts, deeds, things, devices, conveyances, and assurances in the law whatsoever, for the better, more per- fecjUy, and ab^utely conveying and assur- ing tlvB said lands and premises hereby con- veyedi or intended so to be, and every part tiiereof, with their appurtenances, unto the said covenantee, his heirs and assigns, in maimer aforesaid, as by the said covenantee, bis heirs and assign^ his or their counsel in the law> shall be reasonably devised, a4t visjod, or required, so as no such further assurance contain or imply any furtheoT oi; o^r covenant or warranty than against th9 sets and deeds of the person who shall be required to make or execute the same, an4 his heirs, executors or administrators only, and ea as no person who shall be re- quired to make or execute such assurances, ^^ be opn^)eUable for the making or ex* ec^ting thei;eQ^ to go or travel from his II ■■ ii'i' 807 liW under the hand and seal of some or one of the De- **'^'*^ visees, his or their Heirs, Executors or Adminis- trators, Guardians or Trustees, attested by two witnesses, one whereof shall, upon oath before either of the parties aforesaid, prove the signing and sealing of such memorial, which respective oaths the said several parties hereinbefore mentioned are hereby empowered to administer, and shall endorse a certificate thereof on every such memorial and sign the same. See Section 6 of 13 & 14 Vict., cap. 68, on page 884 in this work, with reBpeet to affidavits onder this Act taken in Canada East. Memorial of any VIII. And be it enacted, That every memorial Stod£"ote' of every Deed, Conveyance or Will shall contain Deed, Ac. the dav of the month and the year when such Deed Conveyance or Will bears date, and the names and additions of all the parties to such Deed, Conveyance or Will, or the Devisor or Testatrix of such Will, (as mentioned or set forth in such Deed, Conveyance or Will,) and of all the witnesses to such Deed, Will or Conveyance, and the places of their abode, and shall ex- press or mention the lands, tenements or hereditaments contained m such Deed, Will or Conveyance, and the names of all the Townships or Parishes within the said County or Counties, Rid- ing or Ridings, where any such lands, tenements or heredita- ments are lying or bein^ that are given, granted, conveyed, de* vised, or any way affected or charged by any such Deed, Will or Conveyance, in such manner as the same are expressed or mentioned in such Deed, Will, or Conveyance, or to the same effect ; and that such Deed, Conveyance, cr WiH^ or Probate of 874 the 9 Yiot. BIOIBTBT Lk-Wtf (O. W.) Cap. H 1846. >rk, vitb respect the same, of which such memorial is to be registered as aforesaid, ahall be produced to the said Registrar or his Deputy at the time of entering such memorial, who shall endorse a certificate on every such Deed, Conveyance and Will, or Probate thereof, and therein mention the certain da^, hour and time on which such memorial is entered and registered, expressing also in what book, page and number the same is entered, and that the said Registrar or his Deputy shall sign the said certificate when so endorsed, which certificate shall be taken and allowed as evi* dence of such respective registries iu all Courts of Record what> soever ; and that every page of such Register Book, and every memorial that shall be entered therein shall be numbered, and the day of the month and the year and hour or time of the day when every memorial is registered, shall be entered in the margins of the said Register Books and of the said memorial ; and that every such Registrar shall keep an alphabetical calendar of all Town- ships and Parishes within the said County or Counties, Riding or Ridings, with reference to the number of every memorial that concerns the lands, tenements or hereditaments in every such Township or Parish respectively, and of the names of the parties mentioned in such memorial \ and the said Registrar shall enter and 1 agister the said memorials in the same order that they shall respectively come to his hand. IX. This section repeakd by IQ Vict, cap, 187. See page 388 in this work. X. And be it enacted. That a memorial of any Deeds. Ao.,exe. such Deed, Conveyance or Will, as aforesaid, SSff^wtfoS*" which shaU have been or may be hereafter exe- J|2'J!*5!|^^ *• cuted or published in any place without the limits of Upper Canada, shall be registered as aforesaid by the Registrar or his Deputy of any County in Upper Canada, in case an affidavit or declaration in writing in cases where by law a declaration it substituted for an affidavit, shall have been or shall hereafter be sworn before the Mayor or Chief Magistrate of any City, Bo- rough or Town Corporate in Great Britain or Ireland, under the Common Seal of such City, Borough, or Town Corporate, or be- fore the Chief Justice or Judge of any Court of Queen's Bench in Lower Canada, or of the Supreme Court of anv Colony belong- ing to the Crown of Great Britain, or before the Mayor of any City, Borough, or Town Corporate, in any foreign country, or any Consul or Vice-Consul of Her Mi^esty resident therein, and be brought to the said Registrar or his Deputy, wherein one of the witnesses to the execution of such Deed, Conveyance or Will, rfiall have sworn, or shall hereafter swear to the execution of the same in the manner hereinbefore provided, nnd also to the place where the same was executed; and in case of Wills, one of the witnesses thereto shall have sworn or 875 shall . • Vict. BBOISTBT Li.WI, (o. W.) Otp. 84, 1M6. it- .t. Ouo in which the witnosaea mur fcd dead or nsldn pertna* •hall hereafter swear to the making and publishing of the Proviw. said Will : Provided always, that on producing the Willy or the Probate (hereof, together with such affidavit, the Registrar or his Deputy shall and may record the same,and the said Registrar or his Deputy shall file the said affidavit, and shall en- dorse a certificate on the said Deed, Conveyance, Will, or Pro- bate thereof, which certificate shall have tne same efiect as if the said affidavit had been made before the said Registrar or hii PraviioMito Deputy: Provided also, that no such memorial ngutiy m'lv be shall be registered unless the Deed, Conveyance, «5tThe*fcuUof" Will or Probate, to which such memorial shall re- thedoviaee. late, shall be identified as that referred to in such affidavit or affirmation, by a certificate thereof under the hand of such Judge or Commissioner, or other person before whom the ftffidavit or atfirmation was made or taken, to be endorsed on such Deed, Conveyance, Will or Probate. XI. And be it enacted. That when the witnesses to any Deed, Conveyance or Will, as aforesaid, ^ shall be dead, or shall be permanently resident out Ca irSJrovidS of this Province, it shall and may be lawful for *"■• the Grantee or Grantees, his or their Heirs, Execu- tors, Administrators, Guardians or Trustees, or their Assignee or Assignees, to make proof before the Justices in General Quarter Sessions assembled in any County of this Province, of the exe- cution of such instrument, and upon a certificate, signed by the Chairman and witnessed by the Clerk of the Peace, that the majority of the Magistrates present in such Session assembled, were satisfied by the proof adduced of the due execution of the said instrument, it shall and may be lawful for the Registrar of the said County, or his Deputy, to record the said Deed, Convey- ance, or other instrument as aforesaid, in manner hereinbefore mentioned, together with the said certificate and to certify the same, which certilicato, from the Registrar or his Deputy, shall have the like effect as the certificate to be granted in all other cases. Wills may bo re- XII. And be it enacted. That all Wills, or the etfMtwiS/^ Probate thereof, shall be recorded as aforesaid, SteS?dSSh within the space of twelve months after the death of the Testator. of cvcry respective Devisor, Testator or Testatrix, shall be as valid and efifectual against subsequent purchasers, as if the same had been recorded immediately after the death of such respective Devisor, Testator or Testatrix ; anything herein contained to the contrary thereof in any wise notwithstanding : Proviso. Provided always, that in case the Devisee, or per- son or persons interested in the lands, tenements or heredita- ments, devised in any such Will as aforesaid, by reason of the contesting such Will, or by any other inevitable difficulty, without 370 hi% ^p. 84, 1846. ng of the I producing ,ffidavit, the ind the said nd shall en- m, or Pro. effect as if ;istrar or his hi memorial [conveyance, rial shall re- d to in such ler the hand efore whom endorsed on the Mritnesses us aforesaid, f resident out )e lawful for Heirs, Execu- r Assignee or leral Quarter !, of the exe- iigned by the ice, that the m assembled, cution of the I Registrar of eed, Convey- hereinbefore certity the [Deputy, shall in all other • Vict. BB0I8TBT LAWS, (o. W.) Cap. 84, 1846. his, her, or their wilful neglect or default, shall be disabled from the recording the same within the respective times hereinbefore limited, then and in such case the recording the same within the •pace of twelve months next after his, her, or their attainment of such Will or Probate thereof, or the removal of the impedi- ment aforesaid, shall be a sufHcienf recording within the mean- ing of this Act ; anything herein contained to the contrary here- of in anywise notwithstanding. XIII. And be it enacted, That when and so certificate of often as any Judgment shall be entered up in any tShow'Jb?'"* Suit or Action in any Court of Record in Upper tainod. Canada, whereby any lands, tenements or hereditaments within the same, are or may be affected, it shall and may be lawful for the Plaintiff or Plaintiffs, Defendant or Defendants in such Action, his or their Attornev, to obtain a certificate from the Clerk of the Court in which such Judgment is obtained in his or their favor, which certificate the said Clerk is herebv authorized and required to give, and to charge two shillings and sixpence, 2s.6d. currency, for the same, in the following form : " In the Court of {as the Form. "case may he,) I hereby certify that Juds^ment was entered up " between A. B., Plaintiff, and C. D. Defendant, on the * day of in a plea of • for pounds, debt {or damages) and pounds, costs. «E.F., Clerk." And the party obtaining such certificate, his or such corttflcato their Attorney, shall carry the said certificate to "redf eSi?^t"of the Registrar or Deputy Registrar of the County or ™ci» registration. Counties wherein the lands, belonging to the party or parties against whom such judgment is entered, lie, who, upon the re- ceipt thereof, under the signature of the Clerk and under the seal of the Court, shall record the same ; and every such Judg- ment shall affect and bind all the lands, tenements and heredita- ments belonging to the party against whom such Judgment is rendered, from the date of the recording of the same, in the County wherein such lands, tenements or hereditaments lie, in like manner as the docquetting of Judgments in England affects and binds lands : Provided always, that no unregistered Judg- ment, entered after the passmg of this Act, shall take effect against a prior registered Judgment, unless the party who shall have the first registered Judgment shall neglect or delay the put- ting his execution against lands, into the hands of the proper Sheriff for one year next after the entry of such Judgment. XIV. And be it enacted. That whenever any JSeXniord* lands have been or shall hereafter be sold under under Deed of 377 ■- Deed |jw|;:ii|i m OVioi BIOIITBT lAWI, (o. W.) Cap. 84, 1846. ii ■'. ^*i ■i'r'y Houn and d»yi »t which tho Uo- glitimn (hall •ttend at their ofllooa. MkthoMuuto Deed of bargain and sale, and such Deed hat^ oMMa'vaUdcon. been only registered or shall hereafter be reoordea f^jTMioeiniaw. in the Registry Office of the County where iiioh lands lie, the same shall oe and is hereby declardU tc be as good and valid a Conveyance in law as if the same had been regu* larly enrolled. (S«e Motion 6 of 18 ud 14 Vioi, mp. 08, on pagt 884, In thb work.) XV. And be it enacted, That every such Re- gistrar, or his sufficient Deputy, shall give due at tendance at his office every day in the ye« r (except Sunday, Christmas Day ana Good FriiHy,) between the hours of ten in the forenoon and three in the -ttt' ' noon, for the despatch of all business belonging t * the >n>'A office ; and that every such Registrar or his Deputv shall, m. .. required, make searches concerning all memorials that have been heret> fore registered, and concerning all Deeds, Wills or Judgments which may be hereafter recorded, and give certificates thereof under his hand, if required by any person. XVI. This section repealed &y 16 Vict.f cap, 187. Seepage 888, in this work. Puniihmcntof XVII. And be it enacted, That if any person or penmu^ging iJiudons shall at any time forge or counterfeit any • certificate, by this Act authorized or directed, or any affidavit of the execution of any memorial, or any such me« morial, and be thereof lawfully convicted, such person or persons shall incur and be liable to the same pains and penalties as in and by an Act of the Parliament of Great Britain, made in the fifth year of the Reign of Queen Elizabeth, intituled. An Act against the Forgers of False Deeds and Writings, are imposed upon persons forging or publishing Deeds, Charters or Writings, sealed Court Rolls or Wills, whereby the freehold inheritance of any person or persons in or to any lunJ;; tmements or heredita- oribrswearing meats,shallormaybc moK" ' troublr '. charged; *''*°**'^««- and that if any pe. oi ^c p^.-sons shall at any time forswear himself before any Registrar or his Deputy, or before any Judge, Commissioner, or other person duly authorized to admin- ister an oath in any of the cases aforesaid, and be thereof law- fully convicted, such person or persons shall incur and be liable to the sfime penalties as if the oath had been taken in any Court 01 P«cor; in this Province. Act not to extend XVIII. And be it cnactcd. That this Act shall to certain leases, not extend to any lease for a term not exceeding twenty-one years, where the actual pc«>session goeth along with the lease ; anything in this Act contained to the contrary thereof notwithstanding. 378 i,4ij XIX. • Vict. BIOIBTBT LAW!, (O. W.) Gap. 84, 1840. XIX. And be it enacted, That safe and proper Fim-pmof oibom fire-proof offices and vaulfn shall be provided {l^yflVoftuI within eighteen monthn after th pafwlng of this Ktatryumcot. Act, in each an<^ ever> Cui'inty in this Province, fo the keeping of all books, records, and other papers belonging to the office of Registrar; and in cose the Registrar of »Hfty County sh. 1 neglect to provide such office and vault within the period afore lid, the County Council shall fix upon tl. most cmvenient and eligible site for such office within the County, an<) cause a proper and sufficient office to be provided at tl'< expense of the County, not exceeding two hundred and filly pounds, and such office i^heJl fVom thenceforth be used and occupied as a Registry Office 'or the County in which the same may be ituate ; and if any lie- gistrar shall not keep his office in the pla e appointed in his com- mission, or by proclamation, or, not having a fire-proof office and vaults, shall neglect or refuse to remove to that provided for him as aforesaid, he shall, on presentment by tlu Grand Jury at any Court of General Quarter Sessions, to be m. le on the evidence or oath of one or more competent witnesses, be liable to be re- moved from office at the discretion of the Governor ; and it shall be the duty of every Clerk of the Peace forth vith to forward a copy of such presentment to the Governor : Provided always, that the Governor may fix the time for such i > FroTiao. moval to the office so provided. XX. And be it enacted. That if any Registrar shall cease to reside within the limits of the County for which he is appointed, or shall become, by JS^uf.*'may*b^ sickness or otherwise, wholly incapable of dis- moved from offl« charging the duties of his office, it shall be lawful for the Go* vemor to remove him from office, on presentment by the Grand Jury as aforesaid, made on such evidence as aforesaid ; and the Clerk of the Peace shall in like manner forward a copy of every •ttch presentment. XXI. And be it enacted. That if any Registrar punighmont of or his Deputy shall neglect to perform his duty as Jf SffpSS*' required by this Act, or commit or sufifer to be ticca. committed any undue or fraudulent practice in the execution thereof, and be thereof legally convicted, then such Registrar •ha«l forfeit his said office, and shall be liable to pay treble dam- ages, with full costs of suit, to any person or persons that shall be injured thereby, to be recovered by action of debt, bill, plaint or information, in any of Her Majesty's Courts of Record ; and any Deputy who shall remain in office during any Deputies, vacancy occasioned by the death, resignation or forfeiture of the Registrar, shall be for the same cause and in like manner liable. XXII. And be it enacted, That from and after secretaiyofthe the passing of this Act, the Secretary of the Pro- Province to pro. 379 vinoe Registrar remoT* ing from the County or becom* »• re- moved from otBoe. OVict. BEGISTBT LAWS, (O. W.) Cap. 84, 1846. I vide Register Book for each Township, &c. How registered mortgages or judKinents may bedis ' vince shall be authorized, and is hereby required to provide a fit and proper Register Book for each Township, reputed Township, City and Town, the limits whereof are now defined by law in Upper Canada, and that all such Re- gister Books shall continue to be hereafter of one uniform size, or nearly so, and from the time such books shall be so provided and received at the respective Registry Offices, it shall be the duty of every person who shall hold or execute the said oflico of Re- gistrar, to keep and cause to be used for that purpose a separate Register Book of or for each Township, and reputed Township, ami of and for every City and Town, the limits whereof shah be defined by law within the County or Riding for which they shall hold such office or appointment of Registrar ; and that thereafter whenever any such Registrar shall require a new Register Book, the same shall in like manner be provided by the Secretary of the Province for the time being, and the necessary expense in- cun*ed thereby, from time to time, shall be defrayed by the County Council of the County in which such respective Counties shall be situate. XXIII. And be it enacted. That when any re- gistered Judgment or Mortgage is satisfied, it shall sciiarged.' and may be lawful for the Registrar or his Deputy, on receiving a certificate in the form in the Schedule to this Act marked A, in respect to Mortgages, duly proved by the oath of a subscribing witness, in the same manner as hereinbefore provided for the proof of Deeds and other instruments affecting lands, from the person entitled to the amount of such Mortgage, or the At- torney of such person, and in case of Judgments on receiving a satisfaction piece under the seal of the Court in which such Judgment is entered and signed by the Clerk thereof, to write the word "discharged," and affix his name in the margin of the Re- gister wherein the said Judgment or Mortgage is registered, which shall be deemed a discharge thereof; and such certificate or satisfaction piece shall be filed and numbered and entered on the margin of the Register under the word "discharged." XXIV. Provided always, and be it enacted, That any certificate of payment or performance of the condition of any mortgage by the Mortgagee, his Heirs, Executors, Administrators or Assigns, here- tolore given and regislered under the provisions of the Act herein first above cited and repealed, or which having been given under the provisions of the said Act may be registered under this Act, or which may be herealter given and registered under the provisions of this Act, whether the same shall have been given, or shall hereafter be given, either before or after the time limited by such Mortgage for payment or performance as aforesaid, shall be and the same 380 is Proviso: Certifi- cato of payiueiit of condition of mortgage to be valid and effec- tual in certain eases. !ap. 84, 1846. ^ required to 3ok for each nits whereof all such Re- iform size, or provided and 1 be the duty office of Re- $e a separate ;d Township^ ;reof shall be ch they shall hat thereafter egister Book, Secretary of y expense in- rayed by the stive Counties 9 Vict. BBOISTBT LAWS, (o. W.) Cap. 34, 1846. when anyre- Lisfied, it shall or his Deputy, jle to this Act f theojithofa fore provided ig lands, from or the At- in receiving a which such ', to write the in of the Re- is registered, ch certificate id entered on irged." enacted, That mance of the Mortgagee, his Vssigns, here- provisions of , or which \d Act may be herealter .ct, whether ,er be given, ortgagc for ,nd the same is Bfegistrarstotake an oath of ottlce. is hereby declared to be valid and effectual in law as a re- lease of such mortgage, and as a reconveyance of the original estate of the Mortgagor therein mentioned : Pro- Proviso. vided also, that such certificate, if given after the expiration of the period within which the Mortgagor had a right in equity to redeem, shall not have the effect of defeating any title other than a title remaining vested in the Mortgagor, or his Heirs, Execut- ors, Administrators or Assigns. XXV. And be it enacted, That every such Re- gistrar, before he enters upon the execution of the said office, shall be sworn before any two or more of the Justices of the Peace for the County wherein such Registrar shall reside, who are hereby empowered and required to administer such oath, in these words : " You swear that you will well, truly and faith- The oath, fully perform and execute the office and duty that is directed and required by any Act of the Legislature of this Province, in registering Deeds, Memorials of Deeds, Conveyances and Wills within the County of , so long as you shall continue in the said office, and that you have not given or pro- mised, directly nor indirectly, nor authorized any person to givj any money, gratuity or reward whatsoever, for procuring or ob- taining the said office for you: So help you God." XXVI. And be it enacted, That when and so Deputies to b* oflen as the said Registrar shall appoint any De- ■*®'"°- puty to execute the said office, such Deputy shall, before he enters upon the execution thereoi', take the said oath appointed to be taken by the Registrar, before two or more Justices of the Peace for the County wherein he may be, (who are hereby em- powered and required to administer such oath ;) and that every Registrar, at the time of his being sworn into the said office, shall also enter into a recognizance with two or more sufficient sure- ties, to be approved of by three or more of the Justices of the Peace of the County, by writing under their hands and seals, in the penalty of one thousand pounds, unto Her Majesty, Her Heirs and Successors, to be taken by the same Justices of the Peace that approved of his security, conditioned for the true and faithful performance of his duty in the execution of his said office, in all things directed and required by this Act, the same to be transmitted by the said Justice of the Peace within six months after the date thereof, into the Court of Her Majesty's Bench in Upper Canada, there to remain amongst the Records of the said Court. XXVIt. And be it enacted. That the Registrar No Deed, ao, or his Deputy shall not be compelled to register SStu'wlSr*' any Deed, Conveyance, Will^ or other Instrument, *»»«oo ^ p***- 881 unless I! ' U '4. 9 Vict. BXOISTBT ULWB, (O. W.) Cap. 84, 1846. I Provision in case of death. &c., of Eegistrar. Seal of a Corpora- tion to be suffi- cient evidence to Justify tlie re^ tration of their Deed. unless the fees authorized by this Act shall be previously paid thereon. XXVIII. Provided nevertheless, and be it en- acted, That when any Registrar shall die or sur- render his office, and that, within the space of one year from and after such death or surrender, no misbehaviour appears to have been committed by such Registrar in the execu- tion of his office, then and in such case, at the end of the said one year after his death or surrender, the recognizance entered into by him shall become void and of no effect to all intents and purposes whatever. XXIX. And be it enacted. That the Seal of any Corporation affixed to any Deed, Conveyance, Memorial or Instrument in writing, shall of itself be sufficient evidence of the due execution of such Deed, Conveyance, Memorial or Instrument in writing, by such Corporation, for all purposes respecting the registering thereof and no further evidence or verification of such execution shall be required for the purpose of registry ; any law or custom now in force to the contrary notwithstanding. XXX. And be it enacted, That whenever it shall appear to the satisfaction of the Governor of this Province, that the Registrar's Office in any County is situated inconveniently for the public, it shall be lawful for mm, by proclamation, to order the said office to be removed to such other place in the County as he shall deem expedient. Preamble. XXXI. And whereas it is desirable that Regis* trars should be enabled to afford purchasers and other persons making searches, information respecting the original Grantee of each lot piece, parcel or tract of land within their respectiv« County or Counties, together virith the local situation of the same ; Surveyor General Be it therefore enacted, That it shall be the duty terrlrith^J^ of the Officer or person performing the duties for- infbroation, mcrlv assigned to the Surveyor General of the Province, to fumisn each Registrar with a list of the names of all Persons in whose favor Patents may have heretofore issued from the Grown for srants of land within their respective County or Counties, or which may from time to time hereafter issue, and Aiao certain &lso with coples of all plans or maps of Towns and ^J*" Townships within the same, within twelve calen- dar months after any Registrar shall in writing make application to the said Officer or person performing such duties as aforesaid for the same. DatyofBcgLrtnur XXXII. And be it enacted, That where any S^iTto Mft *"* portion of a County is separated or set apart so ai 882 to Governor may remove the Re- stry office in a Dun^ to the chief Town. ip. 84), 1846. nously paid id be it en- i die or sur- space of one nisbehaviour n the execu- 1 of the said unce entered 1 intents and e Seal of any Conveyance, shall of itself 3ution of such iting, by such terin^ thereof^ :ecution shall r custom novt : whenever it le Governor of Office in any ; the public, it the said office :y as he shall |>le that Regis- other persons nal Grantee of Icir respectiv* [n of the same; Jl be the duty [the duties for- 9neral of the the names of Btofore issued ^ctive County Ifter issue, and [of Towns and ] twelve calen- jke application ^ as aforesedd it where any tet apart so ai ' to «Vict. BBOIBTBT LAWS, (O. W.) Gap. 34, 1846. When a Com* pany, &c., shall 8ubdi\'ide any land into town lots. aplanormi9 of such land may be lodged In B«- gistry Gifice. to form another County, or a part thereof, it shall f^|So"hS be the duty of the Registrar of the first mentioned county. County to furnish a statement of the registration of such titles as may have been r^stered, of lands lying in the part so separated, to the Registrars of the new County and of the County of which it shall form a part, setting forth the dates of the Deeds and the particulars of the lots or parcels of lands to which they respec- tively relate or refer. XXXIII. And be it enacted. That any peison, Corporation or Company of persons, who have heretofore or shall hereafter survey and subdivide any land into Town or Village lots, diflfering from the manner in which such lands were described as granted by the Crown, it shall and may be lawful for such per- son, Corporation or Company, to lodge with the Registrar of the County a plan or map of such Town or Village lots, showing the numbers and ranges of such lots, and the names, sites and boun- daries of the streets or lanes by which such lots may be in whole or in part bounded, together with a declaration to be signed by such perscr, or by the lawful Officer, Agent or Attorney of such Corporation or Company, that the said plan contains a true de- scription of the lots and streets laid out and appropriated by such person, Corporation or Company, and thenceforth it shall be lawful for the Registrar to keep an Index of the land described on such map or plan as a Town or Village, or part of a Town or Village, by the name by which such person, Corporation or Company shall designate the same. XXXIV. And be it enacted, That for and not- Certtdn counties withstanding anything in this Act contained, it Z^p^^SK diall not be necessary to appoint a Registrar for B«t»tton. each of the following Counties, namely: Lennox, Addington, Prescott, Russell, Lincoln, and Welland : but for the purposes of registration of titles under this Act, it shall and may be lawful to appoint one Registrar for the Counties of Lennox and Adding- ton, one for the Counties of Prescott and Russell, and one for the Counties of Lincoln and Welland: Provided Proviao. always, that in tibe event of a vacancy in the office of Resistrar of either of the said united Counties, it may be lawful for the Go- vernor General in his discretion to divide the said Counties in which any such vacancy may happen, and to appoint a Registrar for each County respectively. XXXV. And be it enacted, That the words interpNtatkm "Upper Canada,*' throughout this Act, shall be «^"^ always construed to extend to and mean that portion of this Province which formerly constituted the Province of Upper Canada ; and that this Act sh&ll not apply to that portion of this Province formerly constituting the Province of Lower Canada 888 x-i-i. in 1 1 I- 1 1^^' 'I 18 & 14 Vict. BEGISTBT LAW, AUXKDED, (o. w.) Cap. 63, 1850. in any way whatsoever, and the words "Governor of the Pro- vince,*' shall include the Lieutenant Governor or person ad> ministering the Government of this Province. This Act amended by IS and 14 Vict. cap. 68. See following Act. SCHEDULE A ABOVE REFERRED TO. To the Registrar of the County. I, A. B., of do certify that C. D., of hath satisfied all money due upon a certain mortgage made by the said C. D. to roe, bearing date the day of one thousand eight hundred and and registered at of the clock in the forenoon of tht day of following, and that such mortgage is therefore discharged. As witness my hand, this day of 18 (Signed) A. B. Ik'^r : (Witnesses. , REGISTRY LAW, AMENDED, (C. W.) • 'I CAP. L XII I. AN ACT TO AHBND THE KEGISTBT LAW OF CANADA WEST.: [Assented to^ \Qth August^ 1850.] Preamble. %]I7"HEREAS by an Act passed in the ninth f f year of Her Majesty's Reign, intituled, •Vict. 0.3^ cited. ^^ ^^^ ^^ consolidate and amend the Registry Laws of that part of this Province which was formerly Upper Canada, provision was made for the registration of judgments entered up in any suit or action, in any Court of Record in Upper Canada, and it was therein enacted, That every such judgment shall affect and bind all the lands, tenements and hereditaments belonging to the party against whom such judg* ment is rendered, from tne date of the recording of the same in the County wherein such lands tenements or hereditaments lie, in like manner as the docketting of judgments in England affects and binds lands : And whereas at the time of the passing of the 384 aforesaid 13 & 14 Vict. BEaiSTBT LA*', AMENDED, (o. w.) Cap. 63, 1850. aforesaid Act, the practice of docketting judgments had been discontinued in England, and whereas doubts have in consequence bern entertained as to the effect of the aforesaid provision : Beit therefore enacted, gage Money. Affldavitofezeou tion. 10 Yici. BioxBTBT LAW! ▲iixKBiixirr, (o. jr.) Cap. 187, 1868. if'' "i 1 1 • " V'} iitnotfc For every extract Aimished by the Registrar, including Certificate, One Shilling and Three Pence, and where the same exceeds one hundred words, Nine Pence lor every ad* ditional one hundred words contained in such Extract and Uerti- fioate. RofriHtranitokmp IX. And be it enacted. That every Registrar S^Fe^M.'iS'alid' or a County in Upper Canada, shall keen a Book thSrof^*"™' ^" which shall be entered all the Fees and Emolu. ments received by him, by virtue of his office as ■uch Registrar, shewing separately the sums received for re* gistering Memorials, Certificates and other Documents, and for ■earches, and he shall malce a Return of such Fees and Emolu- ments in detail to the Legislature, annually. X. And be it enacted. That the sixteenth Sec- tion of the said in part recited Act shall be, and the same is hereby repealed. XI. And be it enacted, That the word " County ** in the foregoing provisions of this Act, chall mean any County or union of Counties for which a separate Registry Ofnce is or shall be required by law to be kept. Commencement XII. And be it enacted. That the Eighth, Ninth of thiBAct. ^ and Tenth Sections of this Act shall take effect upon, from and after the first day of January, one thousand eight hundred and fifty-four only. Holidays at Re XIII. And be it enacted, That the following ho- gtatiy oflicc*. lidays shall be allowed in the several Registry Offices in Upper Canada, namely, Christmas, New Year's Day, Good Friday, Ash Wednesday, Easter Monday, and Queens Birth Day. Section 10 of Viot., e. 8^ re- IMdIed. Word "County" tntorproted. Ill SCHEDULE. Form of Certificate referred to in the third Section of this Act. This Register contains pages, and is to be used in and for the (City, Town or Township of^ as the case may be) in the County of for the Enregistration of Memorials, under the provisions of the Act of the Lejrisjature of the Province of Canada, passed in the ninth year of Her Ma- jesty's Reign, and intituled. An Act to consolidate and amend the Registry Laws of that part of this Province which was formerly Upper Canada, and of the Act of the said Legislature amending the same, and is provided in pursuance of the requirements of the said Statutes. Dated this day of in the year of our Lord, one thousand eight hundred and fifty- A. B., Judge of the County Court of 892 Real p. 187, 1888. 9 Registrar, , and where dT every ad- it and Certi- 16 Vict. VSkL USTATl Of UlVOMBf ITC, (c. f ,) Cap. 203, 1858. REAL ESTATE OF MINORS, (C. E.) •y Regidtrar keep a Book and Emolu- his office as ivcd for re- ents, and for ; and Ctnolu- ixteenth Sec- shall be, and rd " County " •t, chall mean pato Registry Eighth, Ninth ill take effect lousand eight following ho- 3ral Registry Year's Day, and Queens of this Act. !, and is to be ', as the case Inregistration 16 Le}j;i8lature r of Her Ma- ind amend the was formerly are amending luirements of fifty- \unty Court of Real CAP. ecu I. AN ACT TO REQULATB TUB PROOKRDINGS IN CASES OP VOLUNTART LICITATION. [Assented to, Hth June, 1853.] Prcamblo. Bo it there Appoliitmnntt of cjpufta to ascer- tain tlin valuu of tho rnal ostato to 1m< suld ur allon- atod. WHEREAS the formalities rf^quired in cases of voluntary licitations cause incon- venience, delay and expense to parties interested fore enacted, &c., That whenever it shall be in- tended to sell or otherwise alienate the real estate of minors or any other person whose real estate can only be sold or otherwise alienated according to the formalities by law re- quired for tiie sale or other alienation of tho real estate of minors, the Notary, before calling a meeting of the relations and friends for that purpose, in conformity with the Act passed in the Session held in the fourteenth and fifteenth years of Her Majesty's Reign, chapter fifty-eight, shall cause two experts to be appointed, who shall not be related to any of the parties or to their legal representatives, or interested in the matter in question, (mention whereof shall be made in the Deed of Expertise^) one of which experts shall be appointed by the tutor, and the other by the subrogc tutor of the minors, (or in the case of the real estate of any other person subject to the same formalities Mode of appoint- as provided by law for the real estate of minors, ™^"*- one expert shall be appointed by the curator to such person, and the other by one of the relations nearest of kin to, or appearing to be most interested in such person,) of which appointment an Acte shall be drawn up before Notaries in the form of Schedule A ; to which experts any Notary shall, by this Act, iiow toUcswom. be authorized to administer the oath according to law, which oath shall be taken (in the form of Schedule B) by the said experts, before entering upon their duties ; it shall Tiuir duty. then be the duty of the said experts to proceed to ascertain the value of the real estate in question, and J the sale thereof shall be required on account of indivisibility, they shall also proceed to ascertain whether it cannot be conveniently Report. divided, and shall make their report thereon by Acte before Notaries, delivered en Brevet, in the form of McptinR of rcia- Schedule C ; it shall thereupon be lawful for any ti««8a»dfHenda. 393 Notary ill' ';t||tl!' 16 Vict. BBAL SSTATX 07 mVOIM, ETC., (o. B.) Cap. 203, 1858. Notary to summon before him the relations and friends who are to compose the said meeting ; he shall administer the usual SeS'aSd °^^ ^^ ^^® persons present at such meeting, and Acte thereof. shall read to them the contents of the Acte of declaration of the persons requiring such meeting, and the con- tents of the Acte of Expertise aforesaid, and shall take their advice, and prepare an Acte in the form of Schedule D, mention- ing therein the names and the age of the minors, the degrees of relationship, the quality and residences of the persons composing such meeting, and giving therein a description of the real estate. * Pnxseedings to ^'' "^^^ Petitioner shall transmit to the Judges ^ tra"HM»ittcd of the Superior Court, or the Judges of the Circuit inoio^lon"'^ °* Court, all the originals of the proceedings above withfetition. mentioned and submit them with a Petition (which every Notary is hereby authorized to certify in the usual manner) setting forth succinctly the object and purpose of the said proceedings without any special designation whatever, in order that the same may be homologated, if they ought so to be, which Petition shall be in form of Schedule E : if the Judge to whom such proceedings shall be submitted, homologates the avis de parents, he shall place his Acte of homologation and ordinance in the form heretofore made use of in like cases, at the foot of the Acte con- taining the avis de parents^ and the whole shall be deposited with the other proceedings in the Archives of the office of the Court, in order that copies thereof may be given to the partiei And if he refuses entitled thereto ; and if the Judge to whom the to to do. proceedings in question are referred shall think proper to refuse to homologate them, he shall state his reasons for so doing at the foot of the Petition, and shall affix his signa- ture thereto. If the Judge homologates. To apply to C. S. only. III. This Act shall apply to Lower Canadi only. SCHEDULE A. On the day of in the year one thousand eight hundred and , at o'clock in the noon, before the undersigned Public Notaries for Lower Canada, residing in the District of came and appeared A, residing • of the one part, and B, residing of the other part, who have appointed, that is to say, the said the person of and the said B that of as Experts for the purpose of 394 proceeding l^ Vict. BBAL ESTATE OE lOKOBS, ETC., (o. E.) Cap. 203, 1858. proceeding to the inspection of the real estate belonging to described in the declaration made by the said by Acte before Mtre. , Notary, (or one of the undersigned Notaries,) to ascertain the value thereof, (and if the sale is demanded on account of indivisibility) and whether or not it can conveniently be divided. SCHEDULE B. I, and I, f do make oath and sweair that I will faithfully proceed to the performance of what is re- quired of me by the Acte of my appointment, executed before mtre. , Notary, and his Colleague, on the and that I will make a true report of my opinion on the whole matter, without favor or partiality for any of the parties in- terested in the matter in question. So help me God. Sworn before us the undersigned Notaries. SCHEDULE C. On the day of in the year one thousand eight hundred and at o'clock in the noon, before me the undersigned Public Notary for Lower Canada, residing in the District of came and appeared the experts appointed by the Acte above executed by the undersigned Notaries, on who declare that having previously made oath as appears by the Certificate hereunto annexed, they proceeded on the day of to the inspection of the real estate, appurtenances and dependencies mentioned and described in the declaration of received by Mtre. , Notary, the , and after due examination and obtaining every information necessary for the purposes men- tined in their said Acte of appointment, they value and estimate the said real estate, (if there be several immo- vables, tliey should be valued separately) and further, (if the sale is made on account of indivisibility) they delcare that it cannot conveniently be divided. The said experts further declare that they are not related to the parties interested in the matter in question, nor to theirlegal representatives. Acte whereof is delivered en Brevet at 895 Schedule U I ' 16 Vict. EEAL ESTATE OP MINOBS, ETC., (O. E.) Cap, 203, 1858. SCHEDULE D. On the day of in the year one thousand eight hundred and at o'clock in the nooL, before me, the undersigned Notary Public for Lower Canada, residing in the District of , came and appeared , who affirms that in conformity with the decla- ration made by Acte before Mtre. , Notary, bearing date the , for the purpose of obtaining authority to sell, for the reasons therein set forth, the real estate belonging to , therein designated and described as follows, to wit : (here describe the real estate) he did for the said pui-pose cause to be summoned before us, to wit : in default of relations, requiring us, they being present, to receive their advice as to the contents of the Acte of declaration aforesaid, and the parties above named having appeared, we have caused to be read the said Acte of declaration, the report of the experts made before Mtre. , Notary, and his colleague, and have taken and received from them the necessary oath, and such oath having been made, they have all unanimously declared that they are of opinion that (Should there be a division of opiniortf mention the same, and give the reasons therefor.) SCHEDULE E. Province op Lower Canada, District op To the Honorable the Judges of the Superior Court (or the Judge of the Circuit Court,) &c., &c., &c. A. (addition and place of residence) humbly represents, that he has caused the relations and friends to be consulted by Mtre. , Notary, at on the day of , and has caused to be fulfilled all the proceedings by law required to be had in order to and submitted for your approval. And he therefore prays that your honors will take these proceedings into consideration and homo- logate them, if they ought to be homologated, and you will do justice. At thd one thousand eight hundred 396 Rea p, 203, 1858. 14 & 15 Vict. ILLEGAL DETENTION ACT, (o. E.) Cap. 92, 1851. ine thousand the J for Lower knd appeared th the decla- tary, bearing ing authority ite belonging described as I for the said advice as to id the parties > be read the made before id have taken nd such oath ared that they the same, and Court {or the epresents, that consulted by he fulfilled all the It hundred EEAL PROPERTY ILLEGAL DETENTION ACT, (C. E.) CAP. XCII. AN ACT TO PROVIDE A MORE SUMMARY AND LESS EXPENSIVE PROCESS POR PR0RIET0R8 OF REAL PROPERTY IN C^iNADA EAST TO ACQUIRE THE POSSESSION THEREOF, WHEN ILLEGAIjLY DETAINED FROM THEM, 1*^ CERTAIN CASES. [Assented to, SOiJi August, 1851.] Preamble. rtyl valid titletolanchi detained from him, may obtain a Summons from the Circuit Court to the party de- taining them. WHEREAS great inconvenience and expense are often occasioned to proprietors of lands situated in that part of this Province called Lower Canada, by persons acquiring the possession thereof without any title thereto, and against the will of such proprietors ; for remedy thereof : Be it enacted, (fee, That any proprietor or p^^.^^ j^^j^j^^ proprietors of any lands or tenements, or both, held ''-^■•- - "^*- in tree and common soccage in the townships, which are situated within that portion of the Province of Canada called Lower Canada, the possession of which lands or tenements or both ghall have been illegally acquired and is detained from such proprietor or proprietors as aforesaid against his or their will, by any person or persons whomsoever, it shall be lawful for any ■uch proprietor or proprietors as aforesaid, by a Summons ' issued from the office of the Clerk of the Circuit Court in any Circuit within the District where such lands or tenements are situated, to summon such occcupier or occupiers, or person or persons so acquiring and detaining such illegal possession as aforesaid, before the Circuit Court in such Circuit wiio may hew- as aforesaid, or before any Circuit Judge in vaca- *^° '^®- tion, or any Judge of the Superior Court in vacation, and that such Circuit Court, Circuit Judge in vacation, or Judge of the Superior Court in vacation, shall in due course hear, determine and adjudge the matter in issue and award the costs: Provided always, that when such defendant or defendants shall plead and produce an adverse title to such lands or tenements, or both, so claim- ed as aforesaid, then after evidence shall have been adduced and the enquite closed on the part of the plaintiff and defendant, it shall be lawful for either of the contesting parties, after having previously given security for costs, as well in the Court below as in the Superior Court, to inscribe such 397 cause If adverse title be pleaded and security given, the case may be evoked to the Superior Court. if 14 & 15 Vict. ILLEGAL DETENTION ACT, (o. B.) Cap. 92, 1851. cause for final hearing and argument for the Superior Court, at the next ensuing sitting thereof witiiin the District where such guit is commenced ; and upon such security for costs having been entered up, and such inscription of the cause h? ing been made as aforesaid, the Clerk of the Circuit Court where such action is commenced shall forthwith send up the record, and all proceedings and evidence taken and had in such cause duly certified to the said Superior Court, and thereupon the said Superior Court shall hear the arguments in such cause, determine the matter in is^^ue and award costs, in the same manner in all respects as if the said suit or action had been originally instituted But not unless ^" '^® ^^'^ Superior Court ; Provided also, that ■uch security iw unless sccurity for costs as aforesaid shall have *^^*'"* been entered up in such suit or action in the Circuit Court where such suit is commenced, within three days after the enquete shall have been closed by both contesting parties to such guit, it shall be lawful for either of the contesting parties to such suit to inscribe such cause for final hearing and argument before such Circuit Court, Circuit Judge in vacation, or Judge of the Superior Court in vacation, as the case may be, and thereupon the said Circuit Court, Circuit Judge in vacation, or Judge of the Superior Court in vacation, may and shall proceed to hear, determine and adjudge upon the m?tter in issue in such cause, and award costs as he might do if no such adverse title were pleaded or produced. Documents filed II. And be it enacted, That all suits or actions S^idsof*" instituted under this Act shall be instituted in the Circuit Court. same manner, and be subject to the same regula- tions and delays between the service of process therein and the rules of pleading, as are adopted and required by law and the rules of practice in the Circuit Court as well when such suits or actions shall be instituted before a Circuit Judge in vacation or a Judge of the Superior Court in vacation, as when they shall be instituted before the Circuit Court, unless and until such suits or actions shall be removed by appeal or otherwise to the Superior Court as by this Act provided, and all documents filed and pro ceedings had in any suit under this Act shall be and become records of the Circuit Court where the Summons may have issued in such suit, as well if such proceedings were had before a Circuit Judge in vacation, or a Judge of the Superior Court in vacation, as if the whole of such proceedings were had before guch Circuit Court ; and such documents and proceedings shall be and remain records of such Circuit Court, unless the same ghall be removed as hereinbefore provided, to the Superior Judgments Court ; and the judgments and orders of such Civcuil encutory. Judge in vacation, or Judge of the Superior Court in vacation, as well as of the Circuit Court, in any such suit, 398 sb&ll ip. 92, 1851. or Court, at where such osts having h? ing been where such cord, and all t cause duly ion the said se, determine nanner in all illy instituted led also, that 1 shall have in the Circuit lays after the Etrties to such larties to such jument before Judge of the ,nd thereupon , ov Judge of )ceed to hear, in such cause, srse title were 14 & 15 Yict. ILLEGAL DmvsTioTS ACT, (o. X.) Cap. 92, 1851. shall be executory in every respect as fully by such Circuit Court as the judgments and orders in any other suit in th( Circuit Court at such place ; and that the evidence in all sucli luits shall be reduced to writing and filed of record, in the samt^ manner as in other appealable cases before the Circuit Court. III. And be it enacted, That whenever the how judgments plaintiff shall be entitled to a judgment under this shaiiboexecuteo Act, by the Circuit Court or by a single Judge in vacation, it shall be lawful for the Circuit Court, Circuit Judge in vacation, or Judge of the Superior Court in vacation, as the case may be, to render judgment, and order the same to be entf;red of record by the Clerk of the Circuit Court at the place where the Writ of Summons in such cause issued, and by such judgment to declare the plaintiff the lawful proprietor of the real property in contes- tation, or any portion thereof, and to order and adjudge the defendaat to abandon and deliver up the same to the plaintifl within twenty days after a copy of such judgment shall have been served upon him ; and in default of the de- writofpossos. fendant's abandoning and delivering up the same siou. within the said twenty days after such service upon him, a Writ of Possession may issue from the Circuit Court at the place where the record in such suit is, directed to the Sheriff of the District within which the real property adjudged is situated, to cause the plaintiff to have the possession thereof. IV. And be it enacted. That whenever a judg- Appeal given to ment shall have been rendered under this Act, by the superior the Circuit Court, a Circuit Judge in vacation, or °^*" a Judge of the Superior Court in vacation, an appeal shall lie to the Superior Court sitting within the District where such suit shall have been originally instituted, which said Superior Court shall proceed to hear and adjudge on such appeal as to law may appertain, and in the manner hereinafter provided. V. And be it enacted, That the party appealing ,, , „ ^ , - . J ^ J J !• ^ -ji. ^1° Delay allowed for nrom any judgment rendered as aforesaid by the appealing: so. Circuit Court, or by a Circuit Judge in vacation, '^^y^^'^«^^'>^ or by a Judge of the Superior Court in vacation, shall, within fifteen days after the rendering of the judgment to be appealed from (but without being bound to give notice thereof to the adverse party) give good and sufficient security by sureties who shall justify their sufficiency to the satisfaction of the person before whom it shall be given as hereinafter provided, that he will effectually prosecute the appeal, and (if the plaintiff be the party appealing) that he will pay the costs as well in the Court below as in the Superior Court if the judgment appealed from be affirmed ; and (if the defendant be the party appealing) that he will pay the costs as well in the Court below as in tho 399 Superior 14 & 15 Vict. ILLEGAL DETENTION ACT, (O. E.) Cap. 02, 1851. Superior Court, and that he will deliver up the real property adjudged to tiie plaintiff without waste, if the judgment appealed How atid i)eforc from should be affirmed ; and such security shall wlritymCbo* be givcu either before any Judgc of the Superior given. Court or the Prothonotary thereof, and the Bond shall bo deposited and remain of record in the ofRoe of the latter ; or it shall be given before any Circuit Judge, or before the Clerk of the Circuit Court where such judgment may have been rendered, and the Bond shall there be deposited and remair of record in the office of the latter ; and any two suieties, each of whom shall be a proprietor of real property of the value of Fifty Pounds current money of this Province above all incum> brances payable out of or affecting the same, shall suffice to render such security valid : and the said Judges, Prothonotaries or Clerks are hereby authorized to administer all oaths required by law in such cases from the persons so becoming sureties, and to put to them all necessary inquiries and questions. Oaths. ll , , 1 HowBuchappcais ^^- ^nd for the purpose of obviating delay and nwy b« pro- expense in the prosecution of appeals under this Act, Be it enacted, That such appeals shall be prosecuted and proceedings thereon had in a nummary manner; by petition of the appellant to the Superior Court, setting forth succinctly the grounds of appeal, and praying for the reversal of the judgment appealed from, and the rendering of such judgment as the Court below ought to have rendered, a copy of which petition, with a notice of the time at which it is to be presented to the Superior Court, shall be served upon the adverse party, or at his domicile, or on his attorney ad litemy within fifteen days from the rendering of the judgment appealed from ; and such petition shall be presented at some weekly sitting or term (whichever shall first happen) of the Superior Court next suc- ceeding the rendering of the judgment appealed from, if there shall be an interval of twenty days between tho rendering of such judgment and such sitting or term, and if there shall not be such interval, then on the first juridical day of the sitting or term next succeeding the expiration of twenty days next after the rendering of such judgment: Provided always, that neither the day of the rendering of such judg- ment appealed from nor the day of the presenting of said petition to the Superior Court shall be considered as forming part of the said interval of tw^enty days ; and provided also that a true copy of the appeal Bond given by the party appealing, certified as such by the Prothonotary or Clerk m whose office it chall have been deposited, shall be annexed to the original petition presented to the Superior Court, and that a copy or copies of the same, certified as such by the party ap- 400 appealing Proviso. Proviso. ip. 02, 1851. jal property !nt appealed Bcuvity shall he Superior \d the Bond ARce of the ye, or before it may have i and remair Q.-eties, each the value of re all incum- all suffice to said Judges, authorized to Lses from the all necessary ing delay and lis under this peals shall be mary mannei; , setting forth he reversal of such judgment lopy of which be presented erse party, or fifteen days )m ; and such tting or terra fourt next sue- from, if there J rendering of Ire shall not be the sitting or |ays next after ivided always, ofsuchjudg- jf said petition ng part of the provided also giver, by the iotary or Clerk be annexed to ►urt, and that a the party ap- appealing Value of the pro- perty not to affoctjurisdiction How security under Section 1 may be Kiven. 14 & 15 Vict. iLUBOAL DXTEKTioN ACT, (o. X.) Cap. 92, 1851* pealing or his attorney, shall be served with the petition and notice hereinbefore meniioned upon the party respondent. VII. And be it enacted, That the Circuit Court, Circuit Judge in vacation and Judge of the Su- perior Court in vacation, shall have jurisdiction in the manner hereinbefore stated and to the extent hereinbefore given, in all suits provided for by this Act, as well where the value of the real property claimed is above as when it is under Fifty Pounds current money of this Province. VIII. And be it enacted. That the security for costs required to be given by the first section of this Act, previously to inscribing a suit for the Superior Court as therein provided in certain cases, may be given by the party inscribing ^./ithout giving notice to the opposite party) within three days after the enquUe is closed by the contesting parties, by good and sufficient sureties, who shall justify their sufficiency either before the Clerk of the Circuit Court where the suit is of record, or before the Judge before wujm th» enquete in such suit is had, and the Bond shall be deposited and remain of record in the office of the Clerk of the said Circuit Court; and any two sureties, each of Quaimcationof whom shall be a proprietor of real property of the 8u™"c8. value of Fifty Pounds current money of this Province above all incumbrances payable out of or affecting the same, shall suffice to render such security valid : and the said Judge or Clerk is hereby authorized to administer all oaths required by law in such cases from the persons so becoming sureties, and to put to them all necessary inquiries and questions. IX. And be it enacted. That an appeal shall lie Bight of Appeal. from all judgments rendered in the Superior Court in cases insti- tuted under this Act to the Court of Queen's Bench in the same manner, and subject to the same rules and restrictions as other appeals from the said Superior Court. X. And be it enacted. That the costs in any suit ^rhat costs shau under this Act before the Circuit Court, Circuit t® allowed. Judge in vacation, or a Judge of the Superior Court in vacation, shall be the same as t^e now allowed in actions in the Circuit Court, when the sum of money or the value of the thing demanded exceeds the sum of Twenty-five Pounds currency : Provided, nevertheless, that if such suit be removed by Proviso: irthe appeal or otherwise to the Superiot Court, tho ^g^Kr** costs shall be the same as in other petitory actions court. before the said Court ; and provided further, that nothing in this Act shall be construed to deprive any proprietor or proprietors of the right they now possess of instituting any petitory action 401 before ii 16 Yict. sxTximoir act, AUEin>i]), (o. z.) Gap. 205, 1868. before the Superior Court, but that it shall be at their option to proceed under this Act, or to institute a petitory action in the Superior Court in the same manner as if this Act had not been passed. A«*"ot*o affect XI. And be it enacted, That nothing in this Act claim for Im- , ...ii i/r» /•!•• provcmcnts. contamed shall have the effect of depnvmg any person or persons of any claim they would by law have previous to this Act coming into effect, for betterments or improvements made by them upon any real property of which they may be in occupation, nor have the effect of interfering in any way with any suit or action pending or being prosecuted in any Court in Lower Canada, for the possession of any such lands and tene< ments, which suit or action shall be continued as; if this Act had not been passed. Extent of Act. XII. And be it enacted, I'hat this Act shall apply to lands held in free and common soccage, in the Town ships situated in Lower Canada only, and shall continue in force for two years, and from thence, until the end of the then next Session of the Parliament of this Province, and no longer. REAL PROPERTY DETENTION ACT, AMENDED, (C. E.) CAP. CO V. AN ACT TO AMEND THE ACT FOURTEENTH AND FIFTEENTH VICTORTA, CHAP- TER NINETY-TWO, RELATING TO THE ILLEGAL DETENTION OF REAL PRO- PERTY IN CANADA EAST. Preamble. 14&15V.C. 02. lAssented to, lith Jtme, 1853,] WHEREAS it is necessary and expedient to to amend an Act passed in the Session held in the fourteenth and fifteenth years of Her Majesty's Reign, intituled, An Act to provide a more summary and less expensive process for Proprietors of Real Property in Lower Canada to acquire the possession thereof when illegally detained from them in certain cases, and to make other and further provision- of law touching the same : Be it therefore Defendant in any euactcd, &c., That in any action instituted under the provisions of the Act herein first above cited, before any Circuit Court, Circuit Judge in Vaca- tion, or Judge of the Superior Court in Vacation, it shall and may be lawful for the Defendant or 402 Defendants case under the said Act may before defence, evoke such case to the Superior Court. Security to bo given for costs. 16 Vict. sEisimoir aot, ahskdzb, (o. e.) Cap. 205, 1863. Defendants in any such suit or action, at his o? their option and choice, betbre making defence to such suit or action, to evoke the sa.d suit or ' ^tion to the Superior Court at its next ensuing Sitting within the District where such suit or action is com- menced ; and immediately upon the filing of such evocation, by any Defendant or Defendants, and upon security being given as hereinafter provided, the record and proceedings TranHmission of shall forthwith be transmitted to the said Superior Record, &c. Court holden within the District where such suit or action has been so commenced, to be by the said Superior Court heard, tried and determined according to the course and practice of the said Superior Court. II. And be it enacted, That in any such case of evocation of any suit or action, the Defendant or Defendants filing such evocation shall be held, within eight days from the filing thereof, to give good and sufficient security for the costs to be incurred by the Plaintiff or Plaintiffs in con- ducting such suit or action to final Judgment ; and a recog- nizance duly entered into by two securities, each of whom shall be a proprietor of real property of the value of Twenty-five Pounds currency, above all incum- brances, shall be sufficient ; and such security may be taken by any Judge of the Superior Court or Prothonotary of the said Court, or before any Circuit Judge or the Clerk of the Circuit Court, and the said Judges, Prothonotaries or Clerks are hereby empowered to administer all necessary oaths to persons becoming such sureties, and it shall not be necessary to give notice to the party Plaintiff, of the putting in of such security; Provided, how- Proviso. ever, that if the security required by this Section be not furnished within the delay prescibed, the right of evocation, before trial and enqu6te shall be forfeited. III. And be it enacted. That in any action to plaintiff may at be instituted under the provisions of the Act herein the same time first above cited, it shall and may be lawful for the ^d profltsrand party Plaintiff in such suit or action, to demand '^^■""^es. such sum or sums of money as he or they may be entitled to by law, for rents, issues and profits, /n«ivith Mode of proceed- ing. 16 Vict. USSSOBB Ain> LIIBKIR ACT, (o. I.) Cap. 200, 1858. .^^H^ '^m If poueuion ro« tvukd. Delay between ■ervioe aud ap- poara»ce, &o. with by the FlaintifT, but any defect, error or omission therein may be amended at any stage thereof, according to the facts of the case, with costs or without costs, at the discretion of the Judge. -occed ^^' And be it enacted. That the proprietor or inffi nu^r be com* Icssor may proceed under the said Act and this monoed. ^^.j^ ^^ j^^y (jjyjg j^^^gy (^q ^^d of three days from the expiration of the lease, or agreement of lease, to recover pos- session of the immoveable leased and detained after that time, and in the event of the lessee refusing to give up the leased premises at the expiration of the said three days, the proprietor or lessor may commence proceedings on the next day after the expiration of the said three days. y. And be it enacted. That the defendant shall appear and plead on the day following the return, before noon, on which day, or the next day follow> ing, the plaintiflf shall answer such plea, and the enquete shall thereupon be ordered ipso facto without delay ; and if the deiend* ifdefcuitbe a^t fail to appear and plead within the time afore- °Mdo- said, default shall be recorded against him, and thereupon judgment shall be immediately entered against him if the service has been personal, and after proof if the service has not been personal. VI. And be it enacted. That the Plaintiff may, in and by the same proceedings, and at the same time, sue for and recover possession of the immove- able leased, and of any arrears of rent due, and may seize tha goods of the lessee by saisie-gagerie^ saisie-arret simple bel'ore judgment, or saisie entitrcement, according to law, without in either case being deprived of his privilege as such proprietor or lessftr, and on due proof thereof, the judgment shall be entered for the possession of such arrears. VII. And be it enacted. That whenever a Writ of sasie-gagerie shall issue to seize the effects of a tenant, the same shall not be left in his guardian- ship without the consent of the plaintiff, or unless he shall otfer sureties, to be approved by the Sheriff or Bailiff, as the case may be, for the production of the said effects, who shalS be i. ihXe to the same penalties and obligations therefor, as guardians iiow are under ordinary Writs of Execution. ifMntiir mav de- Vlll. And be it enacted. That whenever any fttl*&£'''" plainti^ shall, under the said Act or this Act, sue S«ertaiu cases. for the . ecovery of any rent or any quarter's rent, or rent for any period due to him, he may at the same time and ^y the same proceedings, pray that the lease ma^ be rescinded iH aach rent be not paid within the time to be appointed for that 406 purpoM Plainti/ii' may pro- ceed for rent and poasession. EffectH Reited a/A to be left in charge of 4el>»T«i ant without wtf;*.- rity. 16 Vict. LISBOBB A90 LXSIBE8 ACT, (O. 1.) Cap. 200, 1858. purpose in the judgment, or by the sale of the goods pledged for the rent, and thereupon the Judge shall order the same in and by the said Judgment ; and it it appear by the return of the Sheriff or Bailiff to the Writ of Execution to be issued on such judg- ment, that the sale of the effects seized has not produced enough to pay the rent due and costs, a Writ of Posses- writofPomi- sion shall issue, addressed to the Sheriff or Bailiflf, ■'°°- to dispossess the defendant and all others, in the said premises, and to remove their effects and put the plaintiff in possession : Provided always, that the return to the Writ of Proviio. Execution shall be made on the day next after the sale, if the place of sule be not more than five leagues from the place where the judgment shall bo rendered, and one additional day shall be allowed for every additional five leagues. IX. And be it enacted, That the droit de suite ti«t»,„^«» it enacted. That the Sheriff or Bailiff executing ;t(iy Writ of Possession, under the said Act an.4 thiS Act, shall have full power to use force, if necessary, to execute the same. XI. Provided always, and be it enacted. That Unexpired por- iifcany case where the proprietor or lessor shall Kif/fliSuhSg kave obtained a judgment of possession for any undei'"tho wid"" unexpired portion of any lease in writing or verbal Act. agreement, or shall have proceeded by droit de suite as afore- said, the Writ of Execution shall direct the said unexpired por- tion of the said lease to be first realized and sold before the sale of the said effects shall be made, and the said effects shall in that case be sold only to the extent of and for an amount sufficient to cover the entire amount of the judgment with costs as aforesaid, and in all cases the amount levied under Writ of Amount levied to any Court shall be returned into and deposited in feurt'tS'Sstt the office of the Prothonotary of such Court, as the ^"*'®"- case may be, for distribution thereof according to law and the practice of such Court, but such distribution shall not be ordered except as the terms mentioned in the lease shall expire and as rent shall become due. 407 XU ;l'--'': MVict. U880B8 AlTD USBSB8 AOT, (O. 1.) Cap. 200, 1858. •i :f? r- Amwid giTent in ^^' ^"^ ''** ^* enacted, That an appeal shall lie v^cHMMdoD from any jud^n^nent rendered as aforesaid, when * con tionfc ^^ amount thereof shall be sufficient, or the object in contestation shall give a right of appeal according to law, in the same manner and on the same conditions as in other cases, but in addition to the usual security, the appeal bond shall be conditioned for the payment of all damages arising from the non- execution of the judgment, in consequence of such appeal ; and Vhatsccnritythe ^^ Sureties shall be received unless they shall give wpeuantmust in Writing, signed by them, a description of real *^ property to thom belonging, the value whereof shall be equal to the amount for which security is to be given, over and above all hypothecs, charges or incumbrances, payable out of or affecting the same, nor unless they shall (if required by the opposite party), justify their sufficiency on oath, and produce the titles to such real property as aforesaid. Praoeedingsupon XIII. And be it enacted. That in any case in S^Sm^SmS^' which an opposition shall be filed to the execution tttoAot. of any judgment rendered under this Act, and the Act amended thereby, the trial, hearing and determining of the said opposition shall be proceeded with as in original action!^ adopting, as respects the proceedings but not as respects the delay, the ordinaiy mode of procedure on similar oppositions. mMteBueon* "XIV. And be it enacted, That saisies-arrits in jvS^ents. the hands of third parties may be issued under the said judgments rendered or to be rendered, in the same manner as in ordinary causes, and the same proceedings shall be had on such saisies-arrits as in ordinary cases. Aottoappwto XV. And be ii enacted. That in any case in beiii^Borg£r which A person shall occupy a property without a tuitousiy. lease or agreement, but with the forbearance or gratuitous permission of the proprietor thereof, and such person shall refuse to quit the said property, summary proceedings may be had against such person in the same manner as if he were oo* cupying the said property under a lease. v^^Sm ^^' ^^^ ^® ** enacted. That nothing in this •i>pi7. Act shall apply to or affect any proceeding com- menced before the passing thereof; save and except as regards oppositions and saisies-arr^is, and the provisions hereof shall apply to rural as well as urban property. interpreutton. xVIi. And be it enacted. That the Interpreta- tion Act shall apply to the said first cited Act, and to this Act. inoonsMentActi XMII. And be it enacted, That all laws and rniMied. parls of laws which shall be inconsistent witn this Act shall be and are hereby repealed. 408 Tu any case m Tty without a >rbearance or d such person ceedings may if he were 00- 16 Yiot. THi LAW Mom bipial act, (o. b.) Gap. 204, 1868. THE LAW MM REPEAL ACT. CAP. OOIV. AN ACT TO BBPBAL THB LAW ^DE. lAuented to, lith Jitney 1853.] Preamble. WHEREAS the Law ^de, as a|l|ted from the Roman Law into the La^of Lower Canada, whereby the landlord or proprietor may go into posses- sion of the house leased and evict his tenant therefrom before the expiration of the term of lease, for the purpose of occupying himself the premises, is not consistent with justice or expediency, and ought to be repealed : Be it therefore enacted^ &c., That so far as respects the right mentioned in the pre- The Law amble, the said Law ^de be and the same is ^f <^rt2n^ hereby repealed : and that henceforward it shall extent. not be competent to any landlord or proprietor, upon any lease hereofter to be made, to evict his tenant under or by any such Law for the cause aforesaid, unless the said right has been ex- pressly reserved by the lease, and in that case at least one month's previous notice shall be given, unless it be otherwise stipulated in the said lease. 409 REOIBTRATlOir f> ' h ;'? 8 Vict. BE0I8TST LAWS ACT, (o. B.) Gap. 27, 1845. REGISTRATION OF TITLES TO REAL PRO- PERTY, (C. E.) CAP. XXVII. Preamblo. AN ACT TO AMEND THB ACT AND ORDINANCE THEREIN MENTIONED, KB. LATIVETOTHE REGISTRATION OF TITLES TO AND INCUMBRANCES UPON REAL PROPERTY IN CANADA EAST. [Assented to, 29th MJa/rcTi, 1845.] WHEREAS it is expedient to make the exercise or disposal of certain rights less diflScult and expensive, and further to facilitate the Registration of certain Titles relative to Immoveable Property in Lower Ca- nada, by amending and repealing certain parts of the Ordinance of the Governor and Special Council for the affairs of the late Province of Lower Canada, passed in the fourth year of Her Ordinance 4. Majesty's Reign, and intituled, An Ordinance to Vic. cap. so. prescribe and regulate the Regestering of Titks to Lands, Tenements and Hereditaments, Real or Immoveable Estates, and of charges or incumbrances upon the same ; and for the alter- ation and improvement of the Law, in certain particulars, in re- lation to the alienation and hypothecation of Real Estates, andthe rights and interests acquired therein ; and of the Act of Par- liament of this Province, passed in the seventh year of Her Ma- Act 7 vic. jesty's Reign, and intituled, An Act to amend tht <*P- *2. Ordinance providing for the Registration of Titks to Real Property or Incumbrances thereon in Lower Canada and further to extend the time allowed by the said Ordinance for the Registration of certain Claims : Be it therefore enacted, &c., That whenever registration shall be made by ■tmcememoViaii Memorial in the manner prescribed by the said awy be register- Ordinance, such Memorial may be executed by and registered at the instance ot any party having an interest, direct or indirect, in the registration, or by and at the instance of the debtor or party charged with the incumbrance to By whom they be registered ; that the Memorial may be attested may be attested, before any Notary, or any Commissioner appointed to receive affidavits to be used in the Court of Queen's Bench, or any Justice of the Peace, and such Notary, Commissioner, or Justice of the Peace, shall and they are hereby authorized to administer the oath or oaths prescribed by the said Ordinance, and such oath or oaths shall have the same force and effect as if 410 it 8 Vict. SEOISTBT LAWS AOT, (o. E.) Cap. 27, 1845. any deed shall avidltoallpartiet. Memorial may be regigtered wnh< out Airther proof. it or they had been administered by a Judge of the Court of Queen's Bench or of any Circuit Court in Lower Canada ; that the registration by such Memorial shnll avail to Begistration of all parties interested in the Deed or Instrument to which the Memorial shall relate ; and that any 8uch Memorial may, without further proof, be presented to the Registrar or his Deputy for re- gistration by any person whomsoever, and registered, on hi^ producing the Documents on which it shall be founded ; an^ the Memorial shall remain of record in the hands indorsation on of the Registrar, who shall thereupon mark upon ti»cDeed,&c he said Documents, — *' Registered by Memorial, {mentioning the yearj month, day and hour of registration, and the hooks in which the entries are made") and shall certify the same by his signature ; and for such certificate the Registrar shall be en- titied to the sum of one shilling and six pence, currency. II. And be it enacted, That any Memorial ex- ecuted in any part of this Province, may, upon the )bservance of the formalities aforesaid, and with- out any other formality whatever, be validly re- gistered at the instance of any person whomsoever. III. And be it enacted, That the words'* legal and customary dower,'* in the thirty-fifth section, or in any other part of the said Ordinance, shall be deemed to include not only legal and customary dower, but also stipulated {pr^fixe) or convention- al dower ; and that such interpretation shall apply to all trans- actions or acts entered into or done by any married woman since the said Ordinance came into eflfect, and they shall avail as it the said section had clearly included and been intended to apply to stipulated (prijixe) or conventional dower, as well as to legal and customary dower. rV. And be it enacted, That it shall be lawful for any married woman, of the full age of twenty- one years, to release her dower and right to dower, whether customary or conventional, {prijixe) on real or immoveable property whatever, by an instrument (Acie) separate from and posterior to that by which such property may have been sold, conveyed, exchanged, given, or otherwise alien- ated either by her husband alone or by her husband and herself jointly, and whether such instrument shall be or have been ex- ecuted before or after the passing of this Act, or before or after the day on which the said Ordinance came into force, and the release of dower to be so made shall have the same effect with regard to such married woman, her children, heirs, or legal re- presentatives, or other persons whatsoever, and with regard to 411 conventional Memorials ex- ecuted in this Province may be registered \nthout fkirtlier formality. Words "legil and customary dower," how to be under- stood in the said Ordiranoe. Married wo« men may re- lease thier dower. M\ ■•s» 8 Vict. W W-: BEaiBTBT LAWS ACT, (o. B.) Gap. 27, 1845. conventional as well as customary dower, as the release of dower made under the thirty -Ififlh section of the said Ordinance would have under the said section, or the thirty-seventh section, or any other part of the said Ordinance, or of this Act, with regard to the same parties and to the legal or customary dower. ModeoffiMiiutat. ^* "^"^ ^^ »^ cnaticd, That every Registrar ^*'f\itiP*''flied ^^^^^ provide himself v\rith a sufiScient number of on or before i8t books, and shall employ a sufficient number ef Movember last. writers for the purpose of entering and transcri- bing therein all Deeds, Instruments and Docum<"n'(;s, which shall have been entered in his office for registration on or before t'.te first day of November last, following tlie orders of the numbeit of the entries, so as to form regular volumes, in the order of tha dates and numbers of such entries, and which books shall be The shall be re- authenticated by the pitjper officer, — all which gistered^vithin^ shall be don' by each Registrar, so as to complett ix months. ^j^^ registration of the said Documents within six months from the passing of this Act ; and in order to facilitate Paoiiity afTorded the procuring of Certificates of the registration of £rt?fl^S'?f re- any Deed or Document, it shall be sufficient that gistration. in any such certificate granted within six months from the passing of this Act, and relating to any Deed or Instru- ment registered on or before the first day of November last, men- tion be made of the day and hour of the entry for registration, and the number of the entry, without mentioning the book or page, and such certificate shall be taken and allowed as evidence of registry as if granted in tho Ibrm prescribed by the said Ordi- nance. Bntries made as •foresaid to be vaUd. yi. And be it enacted, That all entries made as aforesaid shall be as valid, and shall have the same effect in law, as if they had been made in books previously authenticated as required by the said Ordin- Proviso: Act not aucc : Provided always, that nothing contained in rwifte^d^r the next preceding Section shall be construed to ijt Nov. last. affect in any manner the mode of registering any Deed, Instrument, or Document which shall have been presented for registration after the said first day of November last, save and except that any certificate of the entry for Registration of any such Deed, Instrument or Document granted before the passing of this Act, or within six mo«ths thereafter, mentioning the day and hour of such entry, and the number thereof, without mentioning the book or page, shall be taken and allowed as evidence of the registry as if granted in the form pre- scribed by the said Ordinance. S'oth^nSto" VH. And be it enacted, That the registration of SiBct persons in any title to or instrument creating any charge, in- 412 cuiibrance 14 & 15 Vict. BXOiSTSATioiir ov DEEDS, (o. B.) Cap. 93, 1851. cumbrance, or sei'vitude upon any immoveable pro- open possegsion perty, posterior to the title of any party who shall "'""^ property. be in open and public possession of such property as proprietor, shall not affect the title or rights of such party, although the title of such party be not registered until after the registration of such posterior title or instrument. VIII. And be it enacted, That this Act shall Duration of Act. continue and be in force for and during the space of two years and to the end of the then next ensuing Session of the Provin- cial Parliament, and no longer. ^is Act continued by 16 Vict, cap. 161, sec. 1, 1803. TO EXPLAIN AND AMEND EEGISTRA- TION OF DEEDS ACT, (C E.) !;:■! CAP. XCIII. AN AOT TO BXPLAIN AND AMEND THE LAWS RELATING TO THE REGIS. TRATION OF DEEDS IN CANADA EAST. lAssented to, SOth Augmt, 1851.] Preamble. WHEREAS in and by an Ordinance of the Legislature of the Province of Lower Canada, passed in the fourth year of Her Majesty's Reign, and intituled. An Ordinance to prescribe and regulate the Re- gistering of Titles to lands, tenements and hereditaments, real or immoveable estates, and of charges and incumbrances on the same, and for the alteration and improvement of the Law in certain paticulats in relation to the alienation and hypothecation of real estates, and the rights and interests acquired therein, it was amongst other things in effect ordained and enacted, that the Registrars of Deeds for the several Deeds in the Ordinance men- tioned, should severally and respectively, before taking upon themselves the duties of their offices, enter into Recognizances in the several and re<3pective penal sums therein mentioned, condi- tioned for the due and faithful performance of the said duties : And whereas, in and by an Act of the Parliament of this Pro- vince, passed in the seventh year of Her Majesty's Reign, in- tituled, An Act to amend the Ordinance providing for the Registra- tion of Titles to Real Property, or incumbrances thereon in Lower Canada, and further to extend the time allowed by the said Ordin^ once for the jRegistration of certain claims, so much of the said 413 Ordinance 1 n 1 1 14 & 15 Yict. BEOisTBATiour or seeds, (o. e.) Cap. 03, 1861. Ordinance as provided for the establishment of a Registry OfHce and the appointment of a Registrar in and for each of the Dis- tricts therein mentioned, was repealed, and it was amongst other things in effect enacted, that a Registry Office should be estab- lished and a Registrar should be appointed in and of each and -"very County in Lower Canada ; And whereas by various sub- ;quent Acts, several of the said Counties have been divided into ivistricts or Divisions for the purposes of the said Ordinance and Act, and of other Acts relating to the Registration of Deeds afid other documents affecting real property in Lower Canada ; And whereas doubts have arisen as to whether the Registrars of -^nd for Counties or portions of Counties as aforesaid are bound to enter into such recognizances as aforesaid : And whereas, also, the several penal sums in the said Ordinance mentioned are dis- proportioned to the extent and population of the Counties sever- ally and respectively substituted to Ihe Districts in the said Or- dinance mentioned, and still more so to the extent and population of the Registration Districts and Registration Divisions into which some of the said Counties have been divided as aforesaid; And whereas it is expedient to explain and amend the said Ordinance and Acts in this and other respects: Be it therefore declared and Provisions of ord. enacted, &c., That all and every of the provisions of c. E., ivict. c. of the said Ordinance, on the subject of the recog- to Re|i*traM of ^ nizauccs to be entered into by Registrars for Dis- countics, &c. tricts to be appointed under the said Ordinance, have been and arc applicable to and binding upon the Registrars of Counties and the Registrars of and for Registration Districts and Registration Divisions, appointed under all or any of the Acts cited or referred to in the Preamble to this Act. Amount ofseCT^ IL And be it enacted. That it shall be the duty future. ^ of every Registrar of Deeds in Lower Canada, im- mediately after the passing of this Act, if he have not already done so, and also for every such Registrar of Deeds hereafter appointed, before taking upon himself the execution of his office, to comply with the requirements of the eighth section of the said Proviso. Ordinance in this behalf: Provided always, that it shall not be necessary that the penal sum in any recognizance to be entered into by any such Registrar shall exceed Four Thousand Pounds, if he be or be appointed Registrar of either of the Counties of Quebec or Montreal, or Two Thousar.d Pounds if he be or be appointed Registrar of any other County, or One Thou- sand Pounds if he be or be appointed Registrar of any F^egistra- tion District or Registration Division, being less than a County, in Lower Canada ; nor shall any Registrar or his sureties be liable henceforth, under any recognizance heretofore entered into and now in force, for any greater amount than the penal sum which would require to be inserted in a recognizance entered into 414 by 14 & 15 Vict. BEGIBTBATIOir 01? DEEDS, (o. E.) Cap. 93, 1851. by such Registrar after the passing of this Act ; but the penal sum in any such recognizance heretofore entered into and now in force as aforesaid, is hereby reduced to the amount hereby fixed and prescribed for each case respectively. III. And be it enacted, That it shall be the duty SS^nStheiT* of each and every Registrar of Deeds in Lower offices, Canada to reside within five leagues of the place in which his office is situate. Modo of rerifttra* tiouducmedsutll- cient in certain ctwcti. IV. And be it ersacted, That any and every do- nation or deed of gift, inter vivos^ of goods and chattels, liable to registration or insinuation, or of lands and tenements, or real or immoveable property in Lower Canada, made either before or after the passing of the said Or- dinance, shall be held and deemed to be and to have been well and sufficiently registered or insinu^, provided the same have been or shall hereafter be registered either by memorial or at full length in the Registry Office in, and of, and for the District, or County, or Registration District, or Registration Division, as the case may be, in which the lands and tenements, real and im- moveable estates thereby given or affected were or may be situ- ate ; and if no lands or tenements, real or immoveable estates be thereby given or affected, then in the Registry Office in, of, and for the District or County, or Registration District, or Regis- tration Division, as the case may be, in which the donor is de- scribed in such donation or deed of gift, inter vivos^ as being re- sident at the time of the execution thereof ; or if the lands and tenements, real and immoveable estates thereby given or af- fected, were or shall be situate in two or more Districts or Counties, Registration Districts or Registration Divisions, then in the Registry Office in, of, and for each of such Districts, or Counties, or Registration Districts, or Registration Divisions: Provided always, that in this latter case the regis- proviso: Eegis. tration of any such donation or deed of gift, inter vivos, in the Registry Office or Registry Offices in, of, and for any one or more of such Districts or Counties, or Registration Districts or Registration Divisions, shall be held and deemed to be and to have been good and valid and effectual so far as respects any lands and tene- ments, real and immoveable estates thereby given or affected, which may have been or may be situate in such District or County, or Registration District or Registration Division, although the same may be null and void for want of registration as to lands and tenements, real and immoveable estates situate in an- other District or County, or Registration District or Registration Division, or in other Districts or Counties, or Registration Dis- tricts or Registration Divisions, as the case may be ; but no such donation or deed of gift inter vivos, so heretofore or hereafter re- 415 gistered tration to be valid as to lands, &c. within limits, although it be null as to lands without. Ml. !! 16 Vict. BEOIBTBATIOir OV IIOBTOAGIS, (o. B.) Gap. 200, 18S8. gistered as aforesaid, shall be held or deemed to be null and void for want of having b'?en also registered at the place or places, and in the manner required by the Jaws in force in Lower Canada at the time of the passing of the said Ordinance ; any law, usage ProTiBo aa to ccr- or custom to the Contrary notwithstanding: Pro- toinTctea rights, ^i^gj always, that nothing in this Act contained shall operate to the prejudice of rights acquired by these parties by the laws in force at the time of me passing of this Act, in re- ■pect of lands and tenements, or real estate given by each and every donation or deed of gift inter vivos, as above mentioned. Thfa Act how to V". Provided always, and be it enacted, That •PPiy' the provisions of this Act shall not apply to the Registrar of the Couity of Megantic, Division No. 2. REGISTRATION OF MORTGAGES, (C. E.) CAP. CCVI. AN ACfT TO AMEND AND EXPLAIN THE ORDINANCE CONCERNING THE BfifilS- TBATION OF HYPOTHECS IN CANADA EAST. [Assented to, 14ith Jtme, 1853.] XTTTHEREAS the Ordinance of the Special ** f Y Council of the heretofore Province of Lower Canada, passed in the fourth year of Her Majesty's Ileign, intituled, An Ordinance to prescribe and *•"''• regulate the Registering of Titks to Lands, Tent- ments and Hereditaments, real or immoveable Estates and of charges and incumbrances on the same, and for the alteration and improvement of the Law in certain particulars in relation to the Alienation and Hypothecation of real estates and the rights and interest acquired therein, and the several Acts of the Legislature of Canada amending the said Ordinance, do not contain any enactments with respect to the cancelling of registrations having no foundation in law, or based upon Deeds conferring no legtd title, privilege or hypothec on real or immoveable property, or based upon Deeds invalid, irregular, extinguished, acquitted and paid, or when the rights of privilege or hypothec have been removed by legal proceedings ; And whereas the absence of an enactment of this nature involves heavy and serious disadvantages, and for other purposes hereinafter mentioned: 416 Be 16 Tict. SEOisTBATioN OF iioBTOAQES, (o. E.) Cap. 206, 1853. ^INOTHBSBeiS- An action shall lie for cancelling any entry in the JiuoliH of a U«gis- trar, wliich oufiht to bo can* celled and for the cancelling where- of the Defendant will not do what may bo requisite on nis part. Bo it therefore enacted, &c., That whenever a creditor or person claimed to be so, shall have registered, in conformity with the formalities re- quired by the Ordinance and Acts above mention* ed, against the property of the debtor or per- son claimed to be so, any right, privilege or hypo- thec whatsoever, which he shall claim to possess against the property of such debtor, and the Deed upon which the right, privilege or hypothec shall be based, shall not be founded in law, or shall not legally confer any right or privilege or hypothec upon immoveable property, or shall be irregular, invalid, extinguished, acquitted and paid, or such right of privilege or hypothec shall have been removed by legal proceedings, and such creditor having been duly required thereto by such debtor, shall refuse to consent to the cancelling of the registration by him of such claim against the property of such debtor, the latter may thereupon by action brought before any competent Court of Civil Jurisdiction in the District in which the real property or any part thereof charged with such right, privilege or hypothec by virtue of the said registration, shall be situate, demand that the claim so registered be, accord- ing to the circumstances of the case, either declard null and to confer in law no right, privilege or hypothec on the property of the plaintiff, or null, irregular, unfounded in law, extinguisned, acquitted and paid, or removed by legal proceedings, and that the registration of the said Deeds and any entry relating thereto, made in the office of the Registrar of the County in which such real property affected by such registration shall be situated, be cancelled in the registers of the said Registrar ; and judgment in upon satisfactory proof of the allegations contained *"*^'' ^^^^°'^- in the declaration, the Court shall grant the prayer of the plaintiff with costs against defendant, as well those incurred in the action as in effecting such cancellation, and if the allegations be not proved to the satisfaction of the Court the action shall be dis- missed with costs : Provided always, that an au- . thentic copy of the Judgment ordering the cancel- ^**'' lation shall be served in the usual manner upon the defendant at his domicile. II. And be it enacted, That the Registrar of every County in whose office such registration cei the^ntry'^*'** shall have been made, or his Deputy, upon produc- the" Judgment! tion to him of a copy duly certified by the Clerk of the said Court, of the judgment ordering the cancellation of th^ said registration, and a Certificate that the delay to appeal from the judgment has expired, shall proceed to the cancellation thereof in the manner provided by the said Ordinance, for the 417 cancellation z ijf 16 Vict. BIOIBTBATIOir OP HOBTOAOB0, (o. K.) Oap. 206, 1853. cancellation of hypothecs discharged or paid, subject to the pen- alties imposed by the said Ordinance. Towliat ciwoHtlio loroKoinar clautwH Nlmll exttiid. III. And be it enacted, That the foregoing enact- ments shall extend equally to registrations made before Oi after the passing of this Act. Ket'ltal of doubts. IV. And whereas doubts have arisen as to the interpretation oi the said Ordinance with respect to the obligation of a hailleur de fonds, to register the J )eed creating or constituting the privilege ofbailleur defonds, in the manner prescribed l)y the first and fourth sections of the said Ordinance, relative to the registration of hypothecary, privileged or judgment claims : And whereas to ensure every possible efficacy to the publicity of hypothecs it is expedient to remove these doubts ; Be it therefore declared and enacted, and it is limucwrde hereby declared and enacted, That by the terms fomis dt'ciami of the Said Ordinance, the hailleur defonds shall be oregsier. jj^yj^j jjj conformity with the requirements of the said Ordinance, to register the Deed creating or constituting his right of baiUeur de fonds, in the manner prescribed by the said Ordinance, and by the Acts amending the said Ordinance, with respect to the registering of hypothecary, privileged or judg- ment claims. V. And be it enacted, That from and after the roffi"*tratroTafter passiug of this Act, any hailleur de fonds whose this*Act!"* "' claim shall have been created after the passing of this Act, shall be bound, in all respects, to register his said claim in the same manner as other hypothecary, privi- leged or judgment creditors are bound to do by virtue of the re- quirements of the said Ordinance, within the period of thirty days from the date of the passing of the Acte creating his right of baiUeur defonds. StratSf*^"' VI. And be it enacted. That every baiUeur de ciSmaot baiUeur fonds whosc right of title of hailkur defonds have KSheT^ been acquired subsequent to the operation of the ing of this Act. said Ordinance, who shall not at the date of the passing of this Act, in conformity with the requirements of the said Ordinance and of the Acts amending the said Ordinance, have registered the Deed creating or constituting his right of bailleur be fonds, shall be bound to register the same within a period of six months from and after the passing of this Act, and failing so to do, such right of bailleur de fonds shall be null and of no effect whatever, with respect to any subsequent purchaser, donee or hypothecary, privileged or judgment creditor, for or upon good and valuable consideration, as provided by the said 418 Ordinance: 16 Vict. EEOISTBATION OF MOBTOA.OES, (o. E.) Cap. 206, 1853. Ordinance : Provided always, that nothing in this section shall be construed to affect or extend to the judgments of the Civil Courts in flower Canada which have by their judgnnents decided that the bailleur de foi 2s was not bound to rep;ister the Deed establishing his right of bailleur de fonds ; and Provided also, that nothing in this section contained shall in any way affect the rights of parties who shall not have re- gistered their claims of bailleur de fonds, until the expirtion of the delay allowed for the registration of such claims, but such rights shall, until the ex])iration of the delay fixed as aforesaid, have the same force and effect as if this Act had never been passed. Proviso ; not to all'oet JudKiuoiit already Kivon. I'roviso: not tu Blft'ct any Hucli I'liilui until after expiration of duloy. Recital of S. 88 of said Ordl- nanco. VII. And whereas by the twenty-eighth section of the above recited Ordinance, it is amongst other things ordained and enacted. That from and after the day on which the said Ordinance shall come into force, no general hypothec shall be stipulated in, or constituted by, or result from any Deed, Contract or obligation in writing whatsoever, to be thereafter made and entered into, and that no conventional hypothec, charge or incumbrance on lands, tene- ments or hereditaments, real or immoveable estates, should from and after the day last aforesaid, namely since the operation of the said Ordinance, be constituted or acquired in or by virtue of any Deed, Contract or Obligation in writing, which should be executed or made aflter the said day, according to law, unless the sum of money intended to be secured by such hypothec, charge or incumbrance should be, in the same Deed, Contract or Obli- gation in writing, or the acknowledgment thereof, specified, and Uiat no such hypothec, as last aforesaid should be constituted or acquired for any other purpose than for securing the payment of a sum or sums of money specially mentioned as aforesaid : Be it enacted, That the said section has not applied, and shall not be construed to apply, and shall not apply to donations made inter vivos subject to life rents, payable in kind and appreciable money, or to any description of charges and obligations ap- preciable in money, and that the registration of «uch Deeds executed in form prescribed by the laws in force in this Province, and as hereinbefore mentioned, has preserved and shall preserve to persons interested therein all hypothecaiy claims and rights of bailleur de fonds, to the extent of the sum equiva- lent to the life rents and other charges and obligations appreci* able in money, specified and stipulated in the said donations, in the same manner as if the said life rents and other charges and obligations had been and were estimated in money, by and in the said Deeds of donation, at the amount of the value to be 419 estimated The satd s. 2S not to ap])ly to donft- tions hi/er vivos subject to life rents, or charges appreci- able in money. PunlNhmnnt of MTHiinM prctond' infc to liyiMithu- unto pnipcrtv to which tht7 navo 110 cluini. 16 Vict. BS0I8TBATI09 OT MOBTOAOES, (O. K.) Gap. 200, 1858. estimatrd in money of the said life rents and other charges and obligations. VIII. And whereas no provision is made by the Ordinance aforesaid, witii rcsjxict 'to the nunish- ment of persons hypothecating, or who shall herc- nfter hy|)otliecato iminoveHhIo property or rights, representing themselves to be proprietors thereof, or pretending to be such proprietors, or to possess claims thereto, anu great inconvenience and frauds have resulted therefrom, which have hitherto remained unpunished : Be it therefore enacted, That whoever shall pretend to hypothecate any real property or properties, of which he shall not be proprietor, and to which he shall have no legal title, shall be guilty of misdemean- or, and being duly convicted thereof shall be liable to be im- prisoned for a period not exceeding twelve calendar months, and to the payment of such fine and penalty not exceeding Twenty- five Pounds current money of this Province, as the Court before which such conviction shall take place, shall think proper to adjudge, and the proof of the ownership of the real property or claim shall rest with the person who shall as aforesaid have pretended to hypothecate the same. IX. And be it enacted. That notwithstading any thing in the Thirty-fifth Section of the Ordi- nance cited in the Preamble to this Act, the said Section and the provisions thereof, and each and every one of them, shall after the passing of this Act extend to and have force and effect not ouly in the case therein mentioned of the sale and alien- ation of lands and tenaments, real or immoveable, held in Free and Common Soccage or en fief, or a litre de cens or franc- alien, or under any other tenure whatever which shall or may be sub- ject or liable to legal or customary dower, but shall extend to and have force and eflfect in every case in which the husband shall bind, mortgage or hypothecate such lands and tenements, real or immoveable estate held in Free and Common Soccage o** en fief, or a Here de cens or franc-alku, or under any other tenure ; and in any Deed or Conveyance which may be made by any husband by which such lands and tenaments are so bound, mortgaged or hyothecated for or by reason of a loan, or for any other cause whatsoever, it shall be lawful for any married wo- man to join with her husband in such Deed, and release her dower and right to dower in the same manner and to the same effect as she is authorized to do by the said thirty-fifth Section abo\-e cited in the case of sale or alienation of lands and tene- ments as aforesaid. S. 36 of the Bold Ordinancoto ap- ply not only to cases whcro the huslmnd ttliall mil, hut to those also whore he ■hall hypothecate his property. 420 LiMrTATieii > 10 & 11 Viot. LIMITATION Of 40TIOVI, ITO., (o. 1.) Gap. 11, 1847. LIMITATION OF ACTIONS, ETC., (C. E.) CAP. XI. AN ACT TO RRPRAL A OBRTAIN ACT THHRBIN MENT10XBD, AND TO MAKE BBTTUB rUOVlSlON FOR THE LIMITATION OF ACTIONS IN CANADA KAST. [Aaaenied to, 28th July, 1817.] Preamble^ EiiKllfih Act, 9Ut JaniitH I, cap. 16, WHEREAS by an Act passed \n England in the twenty-first year of the kleign of King James the First, and intituled, An Act for Limita' tion of Actions, and for avoiding of Suits in Law, it is among other things enacted, that ull actions of account and upon the case, other than .such accounts » 3 concern the trade of merchandize between merchant and mirchant, their factors or servants, and all actions of debt -mounded upon jny lending or contract without speciality, shah be commenced and sued within six years next after the cause ot such actions or suits and not alter: And whereas, under the law of DouMh rwitcd. Lower Canada, whereby it is provided that in proof of all facts concerning conunercial matters, recourse shall be had in all Courts of Civil and Jurisdiction to the rules of evidence laid down by the Laws of England, doubts have arisen whether the enactment above cited is applicable in Lower Canada as a rule of evidence, and if it be so applicable what acknowledgment or promise within the said period of six years is sufiijient to take out of the operation of the said enactment any case which would otherwise be within the r?rne ; for the removal of such doubts, Be it enacted, &c., Thai t,;> action of ac- count or upon the case, nor any action grounded upon any lending or contract without speciality, shall be maintainable in or wrlh regard to any com- mercial matter, unless such action be commenced within six years next after I he cause of such action ; any law, custom or usage to the contrary notwithstanding. n. And be it enacted, That no acknowledgment or promise by words only, shall be deemed suffi- cient evidence of a new or continuing contract, whereby to take any case out of the operation of the next preceding section, or to deprive any party of the benefit thereof, unless such acknowledgment or promise shall be made or contained by or in some writing to be signed by the party chargeable thereby ; and that where ca^o of joint con. there shall be two or more joint contractors, or tractors, &c. 421 executors No action!) of account, &c., in comniorcial cases maiiitaina>)Io un< less com monced within six years after cause of action. No verbal pro- mise to be suf- ficient evidence of a new (Contract to talie tlie case out of tlie reach of section 1. i.ll I 10 & 11 Vict. LiMiTATioir OF AOTioirs, ETC., (o. E.) Cap. 11, 1847. executors or administrators of any contractor, no such joint con- tractor, executor or administrator shall lose the benefit of the said section so as to be chargeable in respect or by reason only of any written acknowledgment or promise made and signed by any Proviso as Other or Others of them: Provided always, that to effect of nothing herein contained shall alter or take away vjiaen . ^^ lessen the effect of any payment of any prin- cipal or interest made by any person whatsoever : Provided also, that in actions to be commenced against two or more such joint contractors or executors or ad- ministrators,, if it shall appear at the trial or other- wise that the plaintiff though barred by this Act as to one or more of such joint contractors or ex- ecutors or administrators, shall nevertheless be en- tiled to recover against any other or others of the defendants, by virtue of a new acknowledgement or promise, or otherwise, 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 defendants against the plaintiff. ProviTOS incase of joint contract- ors &c., plaintiff may recover as against some, though he may ftil as against ethers. Provision when defendant shall plead that others ought to be sued with him, who are not liable under this Act. III. And be it enacted. That if any defendant or defendants, in any action on any simple con- tract in or with regard to any commercial matter, shall plead any matter in abatement, to the effect that any otherperson or persons otight to be jointly sued, and issue be joined on such plea, and it shall appear at the trial or otherwise, that the action could not by reason of this Act be maintained against the other person or persons named in such plea or any of them, the issue joined on such plea shall be found against the party pleading the same. IV. And be it enacted. That no indorsement or memorandum of any payment written or made upon any promissory note, bill of exchange or other v^rriling, by or on behalf of the party to 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 this Act. No indorsement of payment on a promissorv note, 4c , by the party to whom such payment lb raado shall take the case out of this Act. This Act to ap- ply to debts pleaded by way of set-off. No action to bo maintained against a person for a promise made to pay a debt contracted while a minor, V. And be it enacted, That this Act shall ap- ply to the case of any debt of a commercial nature, alleged by way of set-off on the part of any de- fendant, either by plea, notice, or otherwise. VI. And be it enacted. That in or with regard to any commercial matter, no action shall be main- tained whereby to charge any person upon any promise made after full age to pay any debt con- tracted during infancy, or upon ratification after 422 full 10 & 11 Vict. LIMITATIOK Ol" ACTIONS, ETC., (O. B.) Cap. 11, 1847. unless such pro- mise be in wnting Cases of guar- antee in which a written memo* randum shall be necessary. Recital. English Statute 29th Carol. 3, cited. II., c. Aill age of any promise or contract in any such matter made during infancy, unless such promise or ratification shall be made by some writing signed by the party to be charged therewith. VII. And be it enacted, That in or with regard to any commercial matter, no action shall be maintainabe whereby to charge any person upon or by reason of any representatlbn or assurance made or given concerning or relating to the character, conduct, credit, ability, trade or dealings of any other person, to the intent or purpose that such other person may obtain credit, money or goods thereupon, unless such represent tation or assurance be made in writing, signed by the party to be charged therewith. VIII. And whereas it hath been doubted whe- ther the enactments of the Act passed in England in the twenty-ninth year of the Reign of King Charles the Second, and intituled, An Act for prevention of Frauds and PerjureSy do extend in Lower Canada to certain executory contracts for the sale of goods which nevertheless are within the mischief intended to be re- medied by the said Act, and it is expedient to extend the same to such executory contracts : Be it therefore en- acted. That the provisions of the said Act shall extend to all contracts for the sale of goods of the value of ten pounds sterling and upwards, not- withstanding the goods may be intended to be de- livered 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. IX. And whereas divers errors have crpet into the Act passed in the eighth year of Her Majesty's Reign, and in- g ^ ^ g^ ^^^^^ tituled. An Act for the Limitation of Actions, for avoiding Suits at Law, and for rendering a written memorandum necessary to the validity of certain promises and engagements^ in that part of the Province which heretofore constituted the Pro- vince of Lower Canada, whereby the sense and intent of the said Act have been marred : Be it therefore enacted, That the said Act shall be and is hereby repealed. X. And be it enacted. That this Act shall apply tws Act shall only to "Lower Canada," which words in this |P^l'oSJf"*''* Act shall be understood to mean all that portion of this Province which formerly constituted the Province of Lower Canada. Provisions of the said Act to ex- tend to contracts for goods to the valueof£10ster* ling. Iliii ;. ; I! ! ' : il 433 Cbbditobs 14 & 16 Vict. csSDixoBB TO ATTACH, ETC., (o. E.) Gap. 18, 1851. CREDITORS TO ATTACH THE EFFECTS OP DEBTORS, (C. E.) Preamble. Attachment before judgment may issue in oases between £1 5a. and £10, on affidavit to a certain effect. CAP. fSVIII. AN ACT TO ENABLE CREDITORS TO ATTACH THE EFFECTS OP DEBTORS ABOUT TO LEAVE THE PROVINCE IN CASES UNDER TEN POUNDS. [Asiented to, 2nd Auffttst, 1S51.1 WHEREAS persons often evade the payment of their just debts, in cases where they are indebted to individual creditors to an amount less than Ten Pounds, by secreting or making away with their estate, debts and effects, or by leaving the Province before judgment can be obtained against them : For the prevention thereof, Be it enacted, &c., That Process of Attachment, as well in the hands of the debtor as in the hands of a third person or of third persons, (arret simple, or saisie arret or entiercement) prior to trial and judg- ment, may issue from the Circuit Court in Lower Canada, in all cases whexe the sum demanded is under Ten Pounds and exceeds One Pound and Five Shillings, current money of this Province, upon the affidavit of the plaintiff or his agent to the effect that the defendant or proprietor of such estate, debts, or effects, is indebted to the plaintiff in a sum exceeding One Pound and Five Shillings, current money of this Province, and that he is about to secrete, or make away with the same, or doth abscond, or is about to leave the Province to defraud his creditors ; Provided always, that the Commissioners' Courts shall have the like power to issue such Process of Attachment in cases within their jurisdiction, and above the sum of One Pound Five Shillings. II. And be it enacted. That any Clerk of the Courts may Issue Circuit Court or Commissioners* Court is hereby such attac"hment, authorized to rcceivc the necessary affidavit and issue such Writs of Attachment as aforesaid, in the same manner as he is now permitted and authorized to do in cases above Ten Pounds : Provided nevertheless, that nothing herein enacted shall prevent any Judge of the Superior Court or Circuit Court from receiving such affidavit, and from granting a Fiat upon which to issue such Writs of Attachment as aforesaid; and the said Judges are hereby empower- d to administer and receive such affidavits and 424 grant Proviso. Costs. 14 & 16 Vict. FBOFEBTT 0» ABSSKTSES, ETC., (C. B.) Cap. 60, 1851. grant such Fiats in the same manner as they are now authorized and empowered to do in cases above Ten Pounds. Ill And be it enacted, That the additional costs attendant upon the issuing of such Writs of Attachment as hereinbefore provided for, shall be taxed by a Judge of the Court at such sum as in his discretioi he may think right, unless and until they be regulated by a Tariff of the Court under which the Clerk of the Court shall then tax such costs, and in the Commissioners' Court such additional costs shall be the same as in cases of seizure under execution. rV. And be it enacted, That this Act shall re- main in force for two years, and from thence until Sct?**°" **'*'*'' the end of the then next Session of the Provincial Parliament, and no longer. V. And be it enacted, That this Act shall apply TiuaAct to apply only to Lower Canada. ^"^ ^- ^- ""^y- ACTIONS APFECTING EEAL PROPERTY OF ABSENTEES, (C. E.) CAP, LX. AMT ACT TO AMEND THID LAW OF CANADA EAST AS REGARDS THE DISTRICT OR CIRCUIT IN WHICH ACTIONS OR FROCEEDINGS AFFECTING REAL PROPERTY MAY BE BROUGHT, AND TO MAKE FURTHER PROVISION AS TO CASES IN WHICH ABSENTEES MAY BE PARTIES. ^Assented to, SOth Augtist, 1851.] Preamble. WHEREAS it is expedient to make better pro- vision as to the District or Circuit in which any real or mixed action may be brought in L. C. ; and whereas it is also necessary to make more effective provision with regard to suits en licitation and en parfage, and to proceedings in actions against Absentees : Be it therefore enacted, &c., ^hc cause of ac That in all real or mixed actions in Lower Cana- ada, the cause of such actions respectively shall be held to have arisen in the District or Circuit, as the case may be, wherein the real property in question in such actions respectively is situate. II. And be it enacted, That whenever any real property shall be situate partly in one District or 425 tion hold to have arisen in theDis* triet or Circuit wherein the real property is sit* uatcd. Rcalor mi umo. jjja,t nothing herein contained shall have the effect or be construed to have the effect of depriving a Defendant in any such action from specially pleading the matter of defence to the said action, specified and detailed in the said Acts ; And Proviso: Patent further provided, that whenever it shall satisfac- torily appear that the Patentee at the time of mak- ing his application for the Patent, believed himself to be the first inventor or discoverer of the thing patented, the same shall not be held to be void on account of the invention or discovery or part thereof, having been before known or used in a foreign country, it not appearing that the same or any material or substantial part thereof, had before been patented Proviso- Court **'' described in any printed publication ; And pro- may adjudge as to vided also, that whenever the Plaintiff shall fail to the piaintur'faiis sustaiu his acMon, on the ground that in his speci- in his action. fication of claim is embraced more than that of which he was the first inventor or discoverer, or if it shall appeai that the Defendant had used or violated any part of the inven- tion, justly and truly specified and claimed as new, it shall he in the power of the Court to adjudge and award as to costs, as may appear to he just and equitable. not void, in t'cr tain cases, altho' if the diseovery was known in a foreign country. Bight of obtain- ing a Pat(>nt to devolve on the legal representa- tive, in case of the inventor's de- cease lM!fore a Pa- tent is granted. III. And be it enacted, That when any such subject, being an inhabitant of the said Province as aforesaid, hath made or shall have made any new invention, discovery, or improvement, on ac- cout of which a Patent might, by virtue of the said recited Acts or of this Act, be granted, and such person shall die before any Patent shall be granted therefor, the right of applying for and obtaining such Patent shall devolve on the iJx- 428 ecutor 12 Vict. LAWS 01? PAT1BHT8 ACT, (o. B. ABTD W.) Cap. 24, 1849. ecutor or Administrator of such person in trust for the heir at law of the deceased, in case he shall have died ini estate, or on his legal representative in any other case, in as full and ample a manner, and imder the same conditions, limitations and restric- tions, as the same was held or might have been claimed or enjoyed by the deceased in his lifetime; and when the Antothodpciara. application shall be made by such executor, ad- ^'"" '" '*"''•' caw. ministrator or representative, the declaration required to be made and taken shall be so varied as to be applicable to him. IV. And be it enacted, That in case of inter fer- Arbitmtion In ing applications for Patents, the decision of the cas.!oniit.'rfering same shall be made by Arbitrators in the manner """"^'^"ons. and according to the directions in the said recited Acts contained : Provided always, that nothing in the said Acts ivo\ison,stopar. nor in this Act contained shall be construed to de- pntlnUnaforelgn prive an original and true inventor of the right to ^"""t'y- a Patent for his invention by reason of his having previously taken out Letters Patent therefor in a foreign country, and of the same having been published at any time within six months next preceding the filing of his specification and drawing, as re- quired by the said Acts or by this Act. V. And be it enacted, That every Patent shall be assignable in law either as to the whole interest or any undivided part thereof, by an instrument in writing, which assignment and also every grant and conveyance of the exclusive right under any Patent to make and use and to grant to others to make and use the thing patented within and throughout this Province, shall be recorded in the Office of the Provincial Secretary within two months from the execution thereof. Patents to be as- sifiruablc in law as to tlic whole or nny undivided part of the inter- est therein, and how assigned. Patents may be issued to Asaign> ces of inventors. VI. And be it enacted, That every Patent here- after to be issued may be made and issued to the Assignee or Assignees of the inventor or disco- verer, the assignment thereof being first entered as aforesaid, and the application therefor being duly made, and specifications duly and solemnly declared by the said inventor ; and in all cases the applicant for a Patent hereafter to be granted Duplicate draw- shall be held to furnish duplicate drawings, when- "J^h^d hcrlMttter ever the case admits of drawings, one of which by applicants. shall be deposited in the Office of the Provincial Secretary, and the other shall be annexed to the Patent, and considered a part of the specification thereof, and a copy of the specification shall be in all cases annexed to such Patent. VII. And be it enacted, That whenever any Pa- a now patent tent heretofore granted or hereafter to be granted i^'^^rtornS^ 429 ag iiiii Vrovlsion with nsapoct to Pa- tcnt(Hj who has made )ii9 nixhmIU cation of ciuiiu too broad. 12 Vict. LAWS OP PATENTS ACT, (O. B. AITO w.) Cap. 24, 1840, o/uwIiSlivo ^ aforesaid, shall be inoperative or invalid by rea- ono. son of a defective or insufficient description or spe- cification, if the error have or shall have arisen from inadvert- ency, accident or mistake, and without any fraudulent or decep- tive intention, it shall be lawful for the Patentee to surrender such Patent and to obtain a new Patent to be issued to him for the same invention for the residue of the unexpired period of the original Patent, in accordance with the Patentee's corrected tlescription and specification : and in case of his death or of any assignment by him made of the original Patent, a similar right shall vest in his executor, administrator or legal representative, and the Patent so re-issued, together with the corrected descrip- Effwtofthc tion and specification thereof, shall have the same ameuded imt«nt. effect and Operation in law on the trial of all ac- tions thereafter commenced for causes subsequently accruing as if the same had been originally filed in such corrected form be- fore the issuing of the original Patent. VIII. And be it enacted. That whenjver, by mis- take, accident or inadvertence, and without any wilful default or intention to defraud or misleaJi the public, any Patentee shall have made his spe- cification of clainp too broad, claiming more than that of which he was the original or first inventor, some niaterial and substan- tial part of the thing patented being truly and justly his own, or shall have in his specification clr»imed to be the original and first inventor or discoverer, of any material or substantial part of the thing patented, of which he w^as not the first and original invent- or, and shall have no legal or just right to claim the same, in every such case the said Patentee, his executor, administrator, legal representative or assigns, whether of the whole or of a frac- tional interest thereof, may make disclaimer of such parts as he shall not claim to hold by virtue of the Patent or assignment thereof, stating in the said disclaimer the extent of his interest in such Patent, and such disclaimer shall be in writing, attested by one witness and recorded in the Oflice of the said Secretary, and shall be thereafter taken and consideaed as part of the original specification, to the extent of the interest possessed in the Patent or right secured thereby by the disclaimant or by those claiming by or under him subsequent to the entry thereof: But such dis- The disclaimer claimer shall HOt afifect any actions pending at the Sding acttoSs. ^i"^® ^^ ^^^ entry, except so far as may relate to the •c- ' question of unreasonable negleet or delay in filing the same ; and the Patent shall be deemed good and valid for so much of the invention or discovery as shall be truly and bon& fide his own, or not disclaimed, provided it shall be a material and substantial part of the thing patented, and be definitely distin- guished from other parts so claimed without right as aforesaid : and such Patentee, his executor, administrator or legal represen- 439 tative ,. 24, 1849. lid by rea- ion or spe- 1 inadvert- X or decep- surrender to him for i period of 's corrected ;h or of any similar right )resentative, •ted descrip- ,ve the same al of all ac- ' accruing as ted form be- L5ver, by mis- without any td or mislead made his spe- that of which I and substan- ly his own, or ginal and first ial part of the •iginal invent- 1 the same, in administrator, le or of a frac- ch parts as he or assignment his interest in ig, attested by Secretary, and of the original in the Patent those claiming But such dis- jjending at the ly relate to the delay in filing [nd valid for so ;ruly and bond, a material and ffinitely distin- t as aforesaid : legal represen- ' ® tative 12 Vict. LAWS or PATEWTB ACT, (c. E. AND w.) Cap. 24, 1849- tative and assigns, whether of the whole or a fractional interest therein as aforesaid, flhali be entitled to maintain a suit at law or in equity on such Patent for any infringement of so much of the invention or discovery as shall be bonAfide his own, as aforesaid, notwithstanding such disclaimer or larger specification as afore- said ; and in case of judgment on verdict in his fovor, he shall not be entitled to recover costs against the Defendant unless he shall have entered as aforesaid in the Office of the Provincial Secretary, the said disclaimer of all that part of the thing pa- tented so claimed without right ; Provided also. Proviso. that no person bringing such suit shall be entitled to the benefits contained in this Section, who shall have unreasonably neglected or delayed to enter in the said Office the disclaimer as aforesaid. IX. And be it enacted, That whenever any application shall be made to the Governor or Administrator, as aforesaid, for any addition of a newly discovered Improvement, to be made to an existing Patent, or whenever a Patent shall be returned for correction and re-issue, the specification of claim annexed to every such Patent shall be subject to revision and restriction in the same manner as original applications for Patents, and such Improvements shall not be granted in the one case, nor the re-issue allowed in the other case, until the applicant shall have entered a disclaimer, or altered his specification of claim in accordance with the revision or restriction thereon. Claims for appll- catiim lor atldf- lions to existiiiK I)ntt>nt» Hiibjcct to ri'visioit as to oriirinal opplica. tioiui. Provision with respect to patents returned for correction. X. And be it enacted, That whenever a Patent shall be returned for correction and re-issue, and the Patentee shall claim several Patents to be issued for distinct and separate parts of the thing patented, the same shall be granted in the same manner as original Patents ; Provided always, that no addi- i>roviso: addi- tion of an Improvement shall be made to any reSmS* heretofore granted, nor any new Patent be issued and drawings to e . ° A J • 1 • beftuTusheo. tor an improvement made m any machme, manu- facture or process, to the original Inventor, assignee, or possessor of a Patent therefor, nor any disclaimer be admitted to entry, until a duplicate model and drawing of the thing originally intended, verified as aforesaid, shall have been deposited in the proper Office therefor, nor shall any Patent be granted for an invention, improvement or discovery, the model or drawing of which shall have been lost, until another model and drawing shall in like manner be deposited. XI. And be it enacted, That whenever any provision with Patentee shall desire an extension of his patent '"^^^Jf^t^nSf a beyond the term of its limitation, he may apply pSLiStee for an therefor in writing, to the Governor or Administra- pSlnf^^nd" 431 for ^: ^i] 12 Vict. LAWS OF PATENTS ACT, (C. B. AKD W.) Cap. 24, 1849. m fSSitaTloi?"" *"'' "^^^ aforesaid, setting forth the grounds tluireof, and causing the notice of such appiication to be published three times each in the Canada Gazette, and in two other iNewsprtpeis pul)lished reepectiveiy in tiio English and French languages in that section of the Province in whicb he TiienppiuRtioii '^'^''" reiside, and also of the time of tlic said anpli- niiaiMi.- ttiri(i. prior to tlie. appli- cation for a XII. And be it enacted. That every person as aforesaid, or Corporation established in this Province, who has or shall have purchased, con- structed, invented, or discovered, as aforesaid, any 432 new 12 Vict. LAWS PATENT8 ACT, (o. K. AFD W.) Clip. 24, 1840. Piilciitliy Another iit'i'soii clnitulng to 111- Ui • iiivon- t(i to cliiii'M, \;!, Wltl^ out |i.il)ility to I'.ltt'llttX). Provision with ri" Cap. 24, 1849. except in suits, actions or proceedingH in Courts of Justice in relation to Patents, and that when the applicant is not tor the time being residing in the said Province, the said declaration shall bo made belbre any Minister Plenipotentiary, Charge d'Ajfaires, Consul or Acent, holding commission under the Government of Great Britain, or any Notary Public of the Country in which such applicant may be or happens to be at the time of making the same. Penalty on por- X^. And be it enacted, That if any person or riiVam "of'^^'''*' persons shall write, paint, print, mould, cast, carve, Fattnteo, A«. engravo or stamp upon unythinK made, used or sold by him, for the sole making or selling of which he hath not or shall not have obtained Letters Patent, the name or any imitation of the name of any Patentee for the sole making or vending of such thing without the consent, in wriling, of such Patentee or of his assigns or legal representatives, or if any person upon any such thing not purchased from the Patentee or from his assigns or representatives, or from a vendee, or not having his license or consent in writing, shall write, paint, print, mould, cast, carve, engrave, stamp, or otherwise make or affix the word or words •' Patent,'' " Letters Patent,'' by the " Queen's Patent," " Patentee," or any word or words of like kind, meaning or import, with the view or intent of imitating or counterfeiting the stamp, mark, or other device of the Patentee, or shall affix the same or any word, stamp or device of like import on any unpatented article, for the purpose of deceiving the public, he shall be deemed to have committed a misdemeanor, and shall be punished by fine, or by imprisonment in the Common Gaol of the District or County in which the offender is brought to trial, or by both fine and imprisonment, at the discretion of the Court trying the same ; Provided the fine do not exceed Fifty Pounds currency in amount, and the im- prisonment do not exceed Three Months in duration. Proviso. Patentees to ■tamp, &c. tlio date of patent, un the article:!. cause to be Penalty for contravention, XVL And be it enacted, That from the passing of this Act, all Patentees and Assignees of j'atents hereafter to be granted, shall stamp, engrave, or stamped or engraved on each article vended or offered for sale, the date of the Patent thereof; and any persons patented or assigned neglecting so to do shall be deemed to have committed a misdemeanor, and shall be liable therefor to the same penalties as are provided in the next preceding Section. XVn. And whereas it is necessary that a similar and convenient remedy should be had for the said Province in general, for the repeal of Letters Patent issued under the authority of the said Acts or of this Act, and frau- 434 dulently 12 Vict. UiWn Of PATBWTB ACT, (o. K. AKD W.) Cftp. 24, 1840. or dulently or surreptitiously obtained, issued improvidently, upon false suggestion ; Bo it tfioreforo enacted. That from and after the passing of this Act, it n«;'cuoTff shall and may be lawful for any person desirous "'i""'/'' \Mtt«n 4. ■ u I r 4» i» » * / L I'atrnt undir the to impeach such Letters Patent lor any such cause aiH>vi! monttonod as al'uresaid, to obtain an cxempliticution under ^^'^'^' the Great Seal of this Provinco, of such Patent, and of the petition or application of the petitioner therefor or Patentee thereof, or his assigns, executor, administrator or legal repre- sentative as aforesaid, and of the drawings and specifications aforesaid, and to have the same filed in the office of the Clerk of the Superior Court, for such wcction of tho said Province, as the case may be, in which such repeal shall be sought, and there- upon tho Letters Patent, the petition and application, drawing and specification aforesaid, so exenij)lifie(l, shall be considered and held by the said Court as remaining of record in tho said Court, so that a Writ of scire facias, under the Seal of the said Court, may issue grounded upon the said record for the purpose of repealing the same for legal cause as aforesaid, if upon the proceedings which shall be had upon the said Writ of scire facias. according to the law and practice of the Court of Queen's Bench in England aforesaid, and under the provisions of the said Acts and oi' this Act, the said Letters Patent so sought to be repealed, shall be adjudged and declared void ; and a Certificate of the said judgment shall, at the request of any persen or party, be entered upon the margin, of the enrolment of such Patent, in the Office of the Secretary and Registrar of this Province, whereupon the said Patents shall be considered to be cancelled and made void from the entry thereof; Provided always, that no such scire facias shall issue or proceedidgs thereon be had, unless the same Writ shall issue and be returned into the said Court in a term of the said Court within two years after the grant of the said Letters Patent, or in the Term or Session of the said Court next after the said two years, and not afterwards. Proviso : Scire facias not to i88Uo after a curtain time trom dato of Patent. XVIII. And be it enacted, That all Patents here- after to be granted under the provisions of the said Acts or of this Act, shall extend and be privileged throughout the said Province of Canada ; any law or statute in force in either section of the said Province to the contrary notwithstanding ; Provided always, that nothing herein contained shall extend to inventions or discoveries of any new or useful art, machine, manufacture or composition of matter, or any new and useful improvement on any art, machine, manufacture or composition of matter, or the principle thereof made, discovered or used in the United States 435 of Patents to os> tend tiirough- out Canada. Proviso: Act not to prevent tlie importation, Ac, of articles in- vented in tlie United States, or ttic British Dominions. 12 Vict. lAWB OF PATENTS ACT, (c. B. AJTD W.) Cap. 24, 1840. ¥ Proviso. of America, or in any part of Her Majesty's Dominions in America, or be construed to prevent the free importation thereof into this Province, for sale by any person or pi-rsons or for their use or otherwise from the United JStates, or Iler Majesty's said Dominions. Inconsistent pro- XIX. And be it enacted, That all and every of meiuioncdAevts the provisions in the said recited Acts, inconsistent repealed. or at varicnco with the provisions of this Act, shall be and are hereby repealed ; Provided that nothing in tli Act contained shall have the effect of reviving or giving effect to any Act or Acts repealed by the said Act first recited of the hereto- fore Province of Lower Canada, but the same shall remain and continue repealed ; Provided that all actions and proceedings in law or equity sued out in other sections of the Province, prior to this Act coming into force and effect, shall and may be prosecuted to final judgment and execu- tion as if this Act had not been passed, and that all appliccitions or petitions for Patents pending at the time of this Act coming into force and effect, shall be proceeded with and acted on in the same manner as if they had been made after this Act shall have come into operation. Interpretation of ^^* "^"^ ^®^' *'^® interpretation of this Act— Be words in this it enacted, That the expressions •' useful art, ma- chine, manufacture or composition of matter," shall include any such thing herein referred to whether it be made by hand or by machinery or by both of those means ; the expression •* Foreign Country *' shall include any country not under the British Dominion and subject to the Crown thereof, and the singular number shall include the plural as well as the singular number, and the masculine gender shall include the feminine gender as well as the masculine gender. 486 Patints U& 15 Vict. PATBNTB rOB IKYEKTI05S. Gap. 79, 1851. PATENTS FOR INVENTIONS, EXTENDED TO BOTH SECTIONS OF THE PROVINCE, &C. P m^ CAP. LXXIX. AN ACT TO ENABLE PARTIES HOLDING PATENTS FOR INVENTIONS CONPINBD TO ONE SECTION OP THIS PROVINCE, TO OBTAIN THE EXTENSION OF THE SAME TO THE OTHER SECTION THEREOF, AND FOR OTHER PUB POSES THEREIN MENTIONED. [Assented to, SOth August, 1851.] Froaiuble. 12 Vict. c. 24. WHEREAS it is expedient that parties hold- ing Patents for the invention of any new and useful art, machine, manufacture, or composition of mat- ter, or any new and useful improvement on the same, issued under the Acts of Parliament of the respective Provinces of Upper and Lower Canada previous to the Union of the same, should be enabled to obtain the extension of the exclusive pri- vileges granted by such Patents, to that section of the United Province not embraced within such Patents ; and whereas by the eiy;hteenth section of the Act of the Parliament of this Pro- vince, passed in the twelfth year of Her Majesty's Rei^n, chaptered twenly-four, and intituled, An Act to consolidate and amend the Laws of Patents for Inventions in this Ptoviace, it is i)rovided that all Patents thereafter to be granted u ider the provisions of the said Acts or of that Act, should extend and be privileged throughout the said Province of Canada, but no effectual provision is made for the extension of privileges theretofore granted in either section of the Province to the other section thereof, as aforesaid : Be it therefore enact- ed, (fee, That whenever any party holding a Pa- tent for any such invention, issued under the au- tority of either of the Acts above mentioned, shall be desiorus of obtaining the extension of the privi- leges thereby granted to the other section of this Province, it shall be lawful for the Governor of this Province, upon application made to him to that effect, and on the due proceedings being had, as diiected by this Act, (except that no declarati(m of invention or discovery shall be required, but it shall be sufficient to allege that the applicant holds a fatent lor the other section of the Province,) to issue Letters 'atent to such grantee, which shall be available in that section of the Province not embraced by the Patent already issued as aforesaid, which said Letters Patent so to be issued as aforesaid* 437 shall How a party holding a Patent for an invention extending only to one section of the Province, may obtain the ox- tension thereof to the other section. 14 & 15 Vict. PATEinrs fob nrvBimoira. Cap. 79, 1861. shall be subject to all the provisos, conditions, reservations and restrictions mentioned and contained in the said Act of this Pro- vince. and shall, as regards such section of the Proivnce, convey to the grantee all the privileges conferred by the said l^st men- tioned Act, for and during the period of fourteen years, and shall for such section of the Province as aforesaid be renewable for the period and under the conditions prescribed in the eleventh section of the said last mentioned Act : Provided ^^^^- always, that nothing herein contained shall be construed to extend the period limited by Patents heretofore issued under cither of the said Acts of the late Province of Up- per or Lower Canada, within the sections to which the said Patents are thereby confined : Provided also, that Proviso as to per- •' ,. • .1 a. a.' r»xi sons using the in- evcry pcrson or corporation m that section of the Province to which such Letters Patent shall ex- tend solely by virtue of this Act, who has or shall have purchased, constructed or used, within such section of the Province as last aforesaid, any machine, manufacture or com- position of matter, included in such Letters Patent, prior to the application therefor by the party entitled thereto, under this Act, shall be held to possess the right to use and vend to others to be used, the specific machine, manufacture or composition of mat- ter, so actually purchased, constructed or used by him, before such application as aforesaid, without liability to the Patentee or other person interested in the invention for which Letters Pa- tent shall have been obtained as aforesaid, for such section of the Province. vention before such extension. I* 1 ; IL And whereas it is expedient to repeal the 4,*c,34,andofc.' scvcral Acts of Upper and Lower Canada respec- M«p^ei*' ^^' lively, relating to Letters Patent for Inventions, and to consolidate and re-enact as applicable to the whole Province, such of the provisions thereof as have been found useful, and as are not inconsistent with the Act cited in the preamble to this Act : Be it therefore enacted, That the Act of the Parliament of Lower Canada, passed in the sixth year of the Reign of King William the Fourth, and intituled, An Act to repeal certain Acts therein mentioned, and to consolidate the pro- visions t'letein made for the encouragement of useful arts in this Province, and the Act of the Parliament of Upper Canada, pass- ed in the seventh year of the Reign of King George the Third, and entituled, An Act to encourage the progress of useful arts in this Province, shall be, and the said Acts are hereby repealed ; but all Letters Patent lawfully issued under either of them, shali remain in force and be of the same effect, as if the Act under which it was issued hfd not been repealed, but subject to the provisions of this Act and to those of the Act cited in the preamble of this Act. 438 Proviso. 14 & 16 Tick. PAixxTTB vos nmsKTioirfl. Cap. 79, 1851- III. And be it enacted, That the Letters Pat- JKiiucoJSJn «nt to be hereafter granted under the Act cited in &c. ^ ^ the preamble to this Act, shall recite briefly the substance of the Petition upon which they are granted, and shall contain a short description of the invention or discovery for which they are granted, referring for a fuller description thereof, and for more ample details, to the specification, and shall grant to the Petition- er, his assigns and legal representatives, for the period of fourteen years from the granting of the same, the full and exclusive right and liberty of making, constructing, using and vending to others to be used, the said invention or discovery, and such Letters Pa- tent shall, before the same are represented to the Governor for his signature, and before the Great Seal of the Province is there- unto affixed, be examined by Her Maiesty's Attor- _, . , . •^ Xo DO OXfllBlnCQ, ney General or Solicitor General for Upper or by the Law omc- Lower Canada, who shall, if he shall find them ^-^o' ti^^Crow-- conformable to law, certify accordingly, and the same shall then be presented to the Governor for his signature, and the Great Seal of the Province shall be thereunto affixed after they have been signed by him, and the same shall be good and available to the Grantee, after they shall have been recorded in a Book to be kept tor that purpose in the Office of the Provincial Secretary and Ilej?istrar, and shall, when so recorded, be delivered by the proper Officer to the Patentee or his order. IV. Provided always, and be it enacted. That as to invoutioa* any person who shall have discovered an improve- beint? improve- •' ' . , . , . r A^ meiits on pa- ment m any machme or comyx) i'ion ot matter tented inven- which shall have been patented, ;iud shall have **°"'^ obtained a Patent for such improvement, shall not be at liberty to make, use, or vend the original invention, but the improvement only ; nor shall the first inventor be at liberty to use the improve- ment : And it is hereby enacted and declared, that Proviso. simply changing the form or the proportion of any machine or composition in any degree, shall not be deemed a discovery. V. And be it enacted, That every inventor, be- fore he can receive a Patent, shall make a solemn declaration that he doe? verily believe that he is the true inventor or discoverer of the Art, Ma- chine, or Improvement for which he solicits a Pa- tent (which declaration may be made before any Justice of the Peace,) and shall deliver a written description or specification in duplicate of his Invention or Improvement, and of the manner or process of compounding the same, in such full, clear, and exact terms as to distinguish the same from all other things before known, and to enable any person skilled in the art or science of which it is a branch, or with which it is most nearly connected, to make, compound and use the sa ne; and in the case of any 439 machine, Inventor to make a solemn declan- tioii that ho be- lieves himself to bi' the inventor, and to file a spe- cification, draw- in)5S, &.C. Ui 14 & 15 Vict. JATEKTS FOE INTENTIONS. Cap. 79, 1851. machine, he shall fully explain the principle and the several modes in which he has contennplated the application of thai prin- ciple or charactor, by which it mny be distinguished from other inventions ; and he shall accompany the whole with drawings and written references made in duplicate, where the nature of the case admits of drawings, or with specimens of the ingredi- ents, or of the composition of matter, sufficient in quantity for the purpose of experiment : which description or specification, signed by himself, and attested by two witnesses, shall le filed in the C fiice of the Secretary of the Province, and certified copies thereof shall be competent evidence in all Courts where any matter or thing touching Patent Right shall come in ques- A model mny bo tion ; and such inventor shall moreover deliver a required. model of the machine by him invented, provided the Provincial Secretary shall deem such model to be necessary. Patents to be as ■ignablc at law. VI. And be it declared and enacted, That every Patent, whether issued before or after the passing of this Act, is and shall be assignable at law, and that tlio fifth section of the Act cited in the preamble to this Act does and shall apply, as well to Patents issued before, as alter the passing of this Act. Remedy for in- fringcnioiit of Patent. VII. And be it enacted, That if any person shall make or manufacture for sale, any article or com- position so invented, or shall m;tke or manufacture or make use of any instrument or machinery, so invented or specified, the exclusive right of which shall as afore jaid have been secured to any person by Patent, wiihout the consent of the Patentee, his assigns or other lawful representatives, first obtained in writing, every person infringing such Patenr shall be liable to an action for the same, in which, besides such damages as shall be a^varded by the Jury, the party injured shall also re- cover treble costs, to be taxed according to the course and practice of the Court in which the action shall have been brought. Patent to be TOid for fraud or wilfu'i misdcscrip tion in the sped- ficaUoii. VIII. Provided always, and be it enacted, That if at the trial in any such action, it shall be lade apparent, to the satisfaction of the Court, (the de- fendant having specially pleaded the same) that the specification filed by the Patentee does not con- tain the whole truth relative to the invention or discovery to which it refers, or that it contains more than is necessary to produce the desired effect, (such concealment or addition i'ully appearing to have been made for the purpose of deceiving the public) or that the thing thus secured by Patent, was not originally discovered by the Patentee or party claiming to be the Inventor or Discoverer in the specification referred to in the Patent, but 440 had 14 & 15 Vict. PATENTS FOB INVENTIONS. Cap. 79, 1851. had been in use, or had been described in some public work, anterior to the supposed discovery of the Pate tee, or that he had SCI rrniitiously obtained a Patent for the invenlion or dis- covery otiinolher person, in either of the said cases, judgment shall bo rrnclcred for the defendant witli costs, and the Patent shall be declared void. How interfering applicatioiiH foii' a I'iitcnt for the Kami' iiu'initioD shall bo dealt with. IX. And bo It enacted, That in cases of inter- fering apphciilions for any Patent, the same shall be suhinitlrd to the arbitration of three skilled persons, one of whom shall be chosen by each of the api)liciints, and the third person shall be chosen by the Secrelary of the IVovince, or by his Deputy, or person appointed to perform the duty of that office ; and the decision or award of such Arbitrators, or any two of them, delivered to the Secretary in writing, and subscribed by them, or any two of them. sliJill be final, as far as respects the granting of the Pa- tent ; anJ if either of the applicants shall refuse or luil to choose an Arbitrator, when required so to do by the Secretary of the Province, the Patent shall issue to the o})|)o.si!e party ; and when there shall be more than two interfering applicants, and the parties applying shall not all unite in appoiniing three Arbitra- tors, it shall be in the power of the said Secretary of the Pro- vince or bis Deputy, or person appointed to perlorm the duty of that oiRce, to a]>point the three Arbitrotors lor the pupposes aforesaid. X. And be it enacted, That every applicant as aforesaid, pre- genting a petition and signifying his desire to obtain r. * , ..^ a latent pursuant to this Act, and the Act cited oiitaimiig a Pa- in the preamble to this Act, shall pay into the hands of the Secretary of the Province, or his Deputy, or person appointed to perform the duty of that olfice, the fee oj' Five Pounds Currency, which shall be in full of all fees due and pay- able by any such person petitioning for a Patent as aforesaid, with respect to .such Patent, and for all services by what Public Officer S(»ever performed, in relation thereto, whether by such Provincial Secretary, or any other: Provided proviso as to co- always, that for every copy or exemplification tkms.TrawlIf^' which may be required at the office of sail Secre- a-c. tary, of theonrohnLnit of any such Patent, or of the specification or other document relating thereto, the person obtaining such copy shall pay at the rate of One Shilling for every folio of seventy-two words, and further sum of Ten Shillings lor affixing the Great Seal to the exemplification of any such Patent i and for every copy of any drawing relating to such Patent, the party entitled to and obtaining the same, shall pay such sum as the Provincial Secretary, or his Deputy, or per.-scn performing his 441 duty M U & 16 Vict. PAXBTTTB lOB UTTEKTIOirS. Cap. 79, 1861. duty as aforesaid, shall consider a reasonable compensation for the time and labour expended thereon. £r?' ten(kJi*S' XL Provided always, and be it enacted, That ^veiiers bring, the privileges, clauses, provisions, powers and fromfore^i'coun. legal remedies intended and mentioned by this *"**• Act, which are secured to, imposed upon, and apply to the inventor and discoverer of any new and useful art, machine, manufacture, or composition of matter, for which he or she shall make application for a Patent, shall be construed to extend to and to include, and are hereby declared to extend to and include any subject of Her Meyesty, being an inhabitant of this Province, who shall in his or her travels in any foreign coun- try have discovered or obtained a knowledge of, and be desirous of introducing in this Province, any new and useful art, machine, manufacture, or composition of matter, not known or not in use in this Province, before his or her appliciUion for the same : Proviso. Provided nevertheless, that nothing, herein con- tained shall extend to inventions or discoveries of any new and Certain Countries uscful art, machine, manufacture, or composition excepted. of matter, made, discovered or used in the United States of America, or in any part of Her Majesty's Dominions, in Europe or America, or be construed to prevent the free impor- tation thereof into this Province, for sale, by any person or persons, or for their use or otherwise, from the United States or Her Majesty's said Dominions. Proviso : 8U(!h per- aon to make a wlemn declara- tion that he be- Uev«3 himself to be the first intro- ducer. XII. Provided always, and be it enacted, That such person ao desirous of introducing into this Province any invention, art, machine, manufac- ture, or composition of matter, which he or she shall have discovered or obtained a knowledge of in any foreign country, shall, previous to obtaining a Patent for the same, in the manner prescribed in this Act as to inventors and discov-rers, make a solemn declaration, that he or she believes hini-:elf or herself to be the first introducer or publisher of such invention, art, machine, manufacture, or composition of matter, in this Province, and that he discovered or obtained a knowledge thereof while on his travels in some foreign country, not being one of the' United States of America, or any of Her Majesty's Dominions in Europe or America. sions XIII. And be it enacted, That all the and enactments of the Act cited provi- in the Act cited in the Preamble to ap- ply to I'atents , . . t. • j under this Act. preamble to this Act, shall apply to Patents issued under this Act, as fully and effectually as to Patents issued under either of the Acts hereby repealed, and the said Act shall, with regard to Patents to be issued hereafter, be construed and have effect as if this Act were referred to in the said Act 442 wherever 14 & 15 Vict. BisoRutas or svbstixs. Cap. 80, 1861. wherever reference is therein made to the Acts And this Act to hereby repealed or eitheir of them ; and the pro- 1^5 dtheS?** visions of this Act relative to matters subsequent the »aid Acts. to the issuing of any Letters Patent, shall apply to Letters Patent issued under either of the Acts hereby repealed, as fully as to Letters Patent issuing after the passing hereof: Provided always, that the words **or the principle thereof,'' in the first section of the Act cited in the Preamble, shall be and are hereby repealed. Proviso. DISCHAEGE OF SUEETIES FOE PTJBnC OFFICEES. How surotic«of Public OH'u'cra may relieve them- selves t'l'om fnr- tlier resijonsibil- ity. CAP. LXXX. AN ACT TO PROVID32 FOR THE DISCHARGE OP SURETIES VOU PUBLIC fl , OPPIOERS. IN CERTAIN CASES. [Assented to, 30//j August, 1851.] WHEREAS it is expedient to provide for the Preamble. Discharge of Sureties for Public Officers, when no longer disposed to continue to incur responsibility as such : Be it there- fore enacted, &c.. That when any person .shall have become Surety to the Crown for the due account- ing for public moneys, or the proper performance of any public duty, it shall be lawful for such person, when no longer disposed to continue such responsibility, to give notice thereof to his Principal, and also to the Secretary of the Province, and that all accruing responsi- bility on the part of such person as such Surety, shall cease at the expiration of one month from the receipt of the last of such notices ; and the Principal shall, within that period Nevy sureties to give the security of another Surety, and register ^^ *"^"'^" and deposit the Bond of such new Surety, or in default of so doing, shall forfeit and be deprived of the Appoinment, Office, Employment or Commission, in re^ct whereof such new security ought to have been given, in like manner, and under and subject to like provisions as are set forth and contained in the Act passed in the Session held in the fourth Aot j & s vict. e. and fifth years of Her Majesty's Reign, chaptered **^' ninety-one, and intituled, An Act to regulate the taking of Secu- rities in all Offices in respect of which security ought to he given, and for avoiding the grant of all such Offices, in the event of such security not being given within the time limited after the grunt ©jf sueh Office. SeoSectioi of 16 Vic, Cap. 87, ou page 444 Ju this work. 443 Officiai. i' t , ■"<; 16 Vict. OFFICIAL SECUBIXIES ACT, (AMENDMENT.) Cap. 87, 1863. OFFICIAL SECURITIES ACT, (A5IEND- MENT.) I CAP. LXXXVII. AN ACT TO AMEND THE ACT TO REGUL ATE THE TAXING OP SECURITIES. [Assented to, 22d April, IS^S.] WHEREAS it is expedient to amend the Act passed in the «'»<»sion of the J'rovincial Parliament, hold in the fourth and fifth yeuis of Her Majesty's llei'j'n, intituled, An Act to reffutate the tahins of sec- unties in all ojfices m respuct of wincli security ought to he given, and for avoiding the grant of all such offices in the event of such security not being given udlhin a tiim limited after the grant of such office, with regard to tne provisions of the said Act lor avoiding the grant ol public offices as aforesaid : Be it In what (d-.s therefore enactcd, &c., That from and after the "ng^sSVi'iy'sfia.i passing of thls Act, no ofiice whatever jhall be vacate the oiikv. avoided nor shall be deemed to be avoided by the non-conipliance with any of the provisions nf the said Act, until the Governor or person administerinjj the Government of this Pro- vince shall have declared the same to be avoided ; any thing to the contrary in the said Act contained notwithstanding. II. ^nd be it enacted, That it shall be lavvftii for the Governor or persion administering the Gov- ernment of this Province, by order in Council, to approve and confirm the security given and enter- ed into by, for or on account of any public officer previous to the passing of this Act, or within two fnonths after the pasf^ing ol" this Act, although the same shall have been en- tered into alter the time limited in 'he said Act ; and the pro- visions ot the said Act as to this avoiding of olllnes shall bf deemed not to apply nor to have applied to any such pul)!ic odice, and the commissi'Mi and tenure of any such office shall remain and shall be deemed to have remained in full ibrce and ettect. any thing to the contrary in the said Act contained notvvithstand- Proviso. ing; Provided always, that any security entered into approved and confirmed as aforesaid shall l)e deposited and registered in the maimer and form provided for by the said Act, and the delay for depositing and registering the same shall be computed from the date of the Order in Council approving the same. 411 m Governor may approvfi security given after the fimo r(i(Hiirol t>y law, but bct'iiro the passing; of this Act. ? SECURITIES. 18 A 14 Vict. JOIKT STOCK COMPANIES. Cap. 28, 1850, III. And be It enacted, That whenever by nny Amino or am. other Act now in lor.e in this province, any public dmy"' ''"™" officer was, is or sluill bo required to give security, or to filo an affidavit of quaiificjition within a hmited lime, itahjill bo lawful lor the Governor or person administfrin,^ the Government of this Province, to approve of the security given, or ol" the aHidavit died by any such public officer, although the same niny have been, or shall have been given or filed after the tiniL' limited by law, and in such case the office or commission of unv such public odicer shall be deemed not to have been avoided, but shall remain and be deemed to have remained in /'nil force and eii'eet; any thing to the contrary in said Act nothwimslanding. IV. And be it enacted, That no act of any ,,„ ,^ ,^ ,,. ,,. , .^ 1 11 1 "^ Oillci'i not to be nublic olhcor whose security may or shall have vacai.Mi in aucu been given, or registered or deposited, or whoso ^'^''^"*' affidavit of qualificalicn may or shall have been filed after the time limited by law, shall by such delect be void or voidable, or deemed to be void or voidable ; any law, usage or custom to tlie contrary notwithstanding. I '■< !.. JOINT STOCK COMPANIES, MANUFACTUR- ING, ETC. CAP. XXVIII. IN ACT TO PROVIDE FOR THE FORMATION OF INCORPORATED JOINT STOCK COMl'AMKS. FOR MANUFACTURING, MINING, MECHANICAL OR CHEMI- OAL PURPOSES. ' [Assenied io, lOtk Auffiist, ISoO.'] WHEREAS it Is expedient to make provision for the Registration of Jrjint 8tock Gom ^'^'^^ panics during the formation thereof, and also after such regis- tration to invest such Jomt Stock Couipanies with tsome of th« 3ualltles and Innldents of Corporntions, sidijenl to certain con- illons nun leyulatlnus : He it therefore enacted, itc, That any Htatrnioiit or (li:(^laratli)ii ot lurniation and pm-posns of Joint Stock Oiimii4(j.' to bii iiijjisterei and where. five or more persons wlio may deslio to ibrm a Company for the purpose of oarrying on any kind of Manufrtolurlng, ohip Building, Mining, Me- chanical or Chemical ksiness, may make and liiin a NtivdMneut or ileclaratlon in Hililiiy, in ■iff wh iiioh shall be set forth the Corporate nurne of the said Coiiii 44» 18 & U Vict. JOINT STOCK OOMPANIBH. Cap. 28, 1 b.';o. pany, and the object or objects for which the iname sh. 11 be Ibrmed, fhe amount of the Cwpital Slock of the said Company, the term ol" ^ proposed existence, (which shall not exceed fifty years) ihi! number of shares of which the rwid .stock shall con- sist, the number nnd names of the Trusiocj. who shall manage the concerns of the said Coinpany for the first year, and the names of the City, Town or Village, Parish, Township or Extra* parochial Place and County in which the operations of the said Company are to bo carried on, and shall ac' 'owledge such Statement or declaration in duplicate before .» ; Registrar or Kecister of such County or his Deputy, who an ^icreby author- ized to receive such acknowledgment, and grant certificate thereof; and one of the duplicates of every such statement or declaral ion shall be filed by such Re<:;istrar or Register, or his Deputy, and an entry thereof shall be made by him in a book to be kept for that pur|>ose, and the other of the said duplicates, with a proper certificate of the acknowledgment, filing and regis- tration thereof as aforesaid endorsed thereon, shall forthwith be transmitted to and filed in the Office of the Secretary of this Province. >™^^B^w II. And be it enacted. That when the formalities prrscribed After KHcti rv'Kis- in the foregoing section of this Act shall have i™i!h". !:!^!"'!!1V^ been complied with, the persons who shall have ed. signed the said statement or declaration, and their fiwoceusofs, shall be a body politic and corporate in fact and in name \>y the name mentioned in such statement or declaration; and by that name shall have succession, and shall be capable of suing and being sued in any Court oi Law or Equity in this Province, and may have a common seal, and may from time to time break, alter and make new the same at pleasure; and they shall by their said corporate name be able and capable in law to purchase, hold and convey any real and personal estate, or moveable and immoveable property whatsoever which may be necessary to enable the said Company to carry on the opera- Company not to tions mentioned in such statement or declaration, grant niorti?asos. 1)qj ghali not mortgage the same nor give any lien thereon. Certifl(Kl copy of Btatciuunt i<> be prima facie evidence of its oonteuts. ti ' III. And be it enacted, That a copy of any such statement or declaration as aforesaid, registered, in pursuance of this Act, certified by the County Registrar or Register or his Deputy to be a true copy, and of the whole of such statement or declaration shall be received in all Courts and places as prim& facie evidence of the facts therein stated ; and the compliance with the formalities prescribed in the first section of this Act shall be conclusively established by the insertion in the Canada Gazettef of a notice to 446 that 18 A 14 Vict. JOIHT BTOOK OOllPAJrtlfl. Cap. 28, 1860. that effect, proceeding from the office of the Secretary of the Province. IV. And be it enacted, That the Stock, property and concern of every such Company a8 aforeisaid shall be manaj;;ed by not less than three, or more than nino Trustees, who shall respectively be Stockholders in such Company, and subjects of Iler Majesty, either by birth or naturalization, and who shall, except the first Election ofTru». tcesallcrthn ttnl .vrnr pruvidod for. Stockholders at such time and lU laws of the Company ; and ling such election shall be vious thereto, in the news- vvhere the operations of the and the election shall be that pur- year, bo annually elected by place us shall be directed \ notice of the time and published not less than tt;i< paper printed nearest to th Baid Company shall bo earned on made by such of the Stockholders as shall attend for pose either in person or by proxy. v. And be it enacted, That all elections shall au Kioctionii to be by ballot, and each Stockholder shall be en- i^' by i>a!iot- titled to as many votes as he owns shares of stock in the said Company; and t; « persons receiving the greatest number of votes shall be Trustees ; and when any vacancy shall happen among the Trustees, by death, resignation or otherwise, it shall be filled for the remainder of the year in such manner as may be provided for by the By-laws of the said Company. VI. And be it enacted, That if it shall happen at any time that an election of Trustees of any such Couipany as aforesaid shall not be made on the day when, according to the By-laws of such Company, it ought to be made, such Company shall not for that reason be dissolved ; but it shall be lawful for the Stockholders of such Company to hold on election of Trustees on any other day in such manner as shall be provided for by such By-laws, and all acts of Trustees of any such Company as afore- said shall be valid and binding as against such Company until their successors shall be elected. VII. And be it enacted, That every such Com- ^^^^ pany as aforesaid shall have a Chairman or Pre- to^h^i- chairman sident, who shall be elected by the Trustees from »»'! ^Ji»''-«"- among themselves, and also such subordinate officers as the Company by iis By-laws may require, who may be elected or appointed, and required to give such security tor the faithful per- formance of the duties of their respective offices as the Com- pany by its By-laws may provide. VIII. And be it enacted, That it shall be lawful for the Trustees of any such Company to call in and demand from the stockholders thereof respec- 447 tively. Corporation not to U> distnolved by failure to ci(!('t TrustccD on stated day. Trustres may call in Stock snb- scrilMii?. by inirtal- mcntii. ili:^ ! I I I \ i m 1 _i i ->. IMAGE EVALUATION TEST TARGET (MT-3) ^O ^ %*% 1.0 Ifi^ 1^ 1.1 l.'^l^ 1.8 III 1.25 1.4 U4 ^ • 6" - ^ Photographic Sciences Corporation 23 WEST MAIN STREET WEBSTER, N.Y. 14S80 (716) 872-4503 4" ^ f/. !> <^ . 6^ :<> %. I it i 18 & 14 Vict. JOINT STOCK COMFAiraXS. Cap. 28, 1830. tiv«^ly, all sums of money by them subscribed, at such limes and in such payments or in>lahneiits as such Trustees shnll deem proper, under the penalty of lorfciting the shares of stock sub- sribed lor and all previous payments made thereon, if payment shall not be made by the Stockholders respectively within sixty days after a personal demand, or after notice requirit;j? such payment shall h:ive been published for six successive weeks in the newspaper nearest th-^ place where the business of the Com- pany shall bo carried on as aforesaid. Trustees may make By-laws. IX. And be it enncted, That the Trustees of every such Company as aforesaid sluill have power to make such By-laws as they shall deem proper lor the management and disposition of the stock and Imsiness afluirs of such company, for the appointment of officers, and for prescribing their duties and ihosc of all artificers and servants that may be employed, and for carrying on all kinds of business within the objects and puposes of such company ; and any copy of the said By-laws or any of them purporting to be under the hand of the Clerk, Secretary or other officer of the said company, and having the corporate seal of such Company affixed to it, shall be received as prm& facie evidence of such By-law or By-laws in all Courts of Law or Equity in this Province. stock to be X. And be it enacted, That the Stock of every Katefalidhow^ such Company shall be deemed personal estate, transrt'rabie. and shall 1)0 transierablc in such manner as shall be prescribed by the By-laws of the Company ; but no shares shall be transferable until all previous calls thereon shall have been fully paid in, or shall have been declared forfeited for the non-payment of calls thereon; and it shall not be lawful for any such company to use any of its funds in the purchase of any Stock in any other Corporation. XI. And be it enacted. That all the Stockholders of any Company that shall be incorporated under this Act shall be jointly and severally liable for all debts and contracts made by such Company, until the whole amount of the capital stock of such Company, fixed and limited in manner aforesaid, shall have been paid m, and a certificate to that eflfect shall have been made and registered as prescribed in the next section of this Act, after which no Stock- holder of such Company shall be in any manner whatsoever liable for or charged with the payment of any debt or demand due by such Company, beyond the amount of his share or shares in the capital stock of such Company so fixed and limited and paid in as aforesaid, save and except as hereinafter mentioned : Frovimtname. Provided always that for the greater security of •^ Mid Capital persons dealing with any such Company as afore- 44» LiabUttyof Stookhulders before and after ^i msnt of litaL 13 & 14 Yict. JOtNT STOCK COMPAKHS. Cap. 28, 1850. laid, every such Company shall, in some conspicuous ^ *>»« ^™j?^ part of every building or place whereat the business Biii8.''i^te9, lus.. of such Company or any part thereof shall be "'^heCompMy. ca 'led on, cause to be constantly inscribed in plain and distinct letters and fisures of at least one half-inch in length and of proportionate breadth, as well the name and style of the Com- pany as the amount of the Capital Stock thereof, and that such name, style and Capital shall also be written or printed in letters at least as large and distinct as any other used in the same ' document at the head of every Promissory Note, Draft, Check, Order, Bond, Contract, Agreement, Bill of Parcels or other document purporting to be made or signed by any Trustee or Officer of the Company, or in any way to bind or oblige the said Company ; and the Trustees of any such Company shall be personally and jointly and severally liable for every contract, promise or engagement made in the name of the Company at any time when such name, style and amount of Capital Stock shall not be so iuscribed as aforesaid at any such place as afore- said, or by virtue of any such document as aforesaid, at the head of which the same shall not be written or printed in the manner hereby required. XTI. And be it enacted. That within thirty days after the payment of the last instalment of the Capital Stock of any such Company so fixed and limited as aforesaid, there shall bo made and drawn up a Certificate to that effect, which Certificate shall be signed and sworn to by a majority of the Trustees of such Company, including the Chair- man or President, and shall be registered within the said thirty days in the Registry Office of the County wherein the business of the said Company is carried on, and the Registrar or Register of such County or his Deputy is hereby authorized to administer the said oath, and to enter and register the said Certificate in the book to be kept by him for the purposes of this Act as already mentioned ; and such Capital Stock so fixed and limited, shall be paid in, one half thereof within one year, and the other half thereof within two years from the incorporation of the said Company, or such Corporation shall be dissolved. XIII. And be it enacted, That every such Com- Annual RepoHof pany shall annually, within twenty days from the cJSja^ toJe first of January, make a report which shall be puwShed. inserted in some newspaper published nearest to the place where the busii«6s of such Company shall be carried on, stating the amount of the Capital of such Company and the proportion thereof then actually paid in, together with the amount of the existing debts of such Company ; which report shall be signed by the Chairman or President and a msuority of the Trustees of 449 snch Certificate of payment of Capitai Stock to be registered witliin ttiirty days after the lyment of the tit instalment ■I: '*/ I ISAUVkt jonn STOCK coxpiims. C«p. 28,1850. suoh Company, and shall be verified by the o&th of the said Chairman or President or of the Secretary of the said Company, and shall be entered and registered as aforesaid in the Kegisti^ Office of the County where the business of the Company shall be carried on ; and all the Trustees of any Company failing to comply with the requirements of this section shall be jointly and severally liable for all the debts of the Company then existii^ and for all that shall be contracted until such report shall be made. Ltawiityof XW. And be it enacted, That if the Trustees Trujtee; paying of any such Company shall declare and pay any dividend under j. ..'' j i ^c ri • • i ^ ^ ^ certain ciroum- dividend when the Company is insolvent, or any "*'™*^ dividend the payment of which would render it insolvent, or which would diminish the amount of its capita) stock, they shall be jointly and severally liable for all the debts of the Company then existing and for all that shall be thereafter contracted, while they shall respectively continue in office: Provided always, that if any of such Trustees shall object to the declaring of such dividend or to the payment of the same, and shall at any time before the time fixed for the payment thereof, file a written statement of such objection in the office of the Secretary of the Company, and also in the Registry Office of the County, such Trustee or Trustees shall be exempt from such liability. . • Provlao. ney XV. And be it enacted. That no loan of money , shall be made by any suoh Company to any Stock* Iio«nsofmone by Company to its StiMikholders ... prohibited. holder therein ; and if ajiv such loan shall be made to a Stockholder, the officer or officf 'ho shall make it or who shall assent thereto, shall be jointly . severally liable to the extent of such loan, with legal interest thereon, for all the debts •of the Company that may be contracted before the re-payment of tlie sum so loaned. ofioere liable ^^' And be it enacted, That if any cei*tificai« jointly and ^^^^ or Tcpor^ made, or public notice given by the oTomnpanybi officers of any such Company in pursuance of th6 certain cases. provisions of this Act, shall be false in any material representation, all the officers who shall have signed the same shall be jointly and severally liable for all the debts of the Company contracted while they are officers or Stockholders thereof, respectively : and if the indebtedness ot any such Com- ?any shall at any time exceed the amount of its capital stock, the Vustees of such Company assenting thereto shall be personally and individually liable for such excess to the creditors of such ^Company, XVII. And be it enacted, That the Stockholden of every such Company shall be jointly and 450 ^v severally stockholders to be liable inOi- lSft»Yiot. wan tfOOK COMfUKOB, Oq>.28,180O. vidittUyfordeMi to servanti, labouren, Ac Proviso : limitt^ tionofactionaos such liability. Executors, fte^ not to be subject to any personid liability as Stockholders. sererally individually liable for all debts that may be due and owing to all or any of the laboaren^ servants and apprentices thereof, for services per- formed for such Company ; Provided always, that no Stockholder shall be personally liable in this or any other of the cases in which personal liability is imposed by the provisions of this Act, for the payment of any debt contracted by any such Company which is not to be paid within one year from the time the debt is contracted, nor anleis a suit for the collection of such debt shall be brought against such Company within one year after the debt shall become due ; and no suit shall be brought against any Stockholder who shall cease to be a Stockholder in any such Company for any debt so contracted, unless the same shall be commenced within two jears from the time he shall have ceased to be a Stockholder in such Company, nor until an execution against the Company shall have been returned unsatisfied in whole or in part. XVIII. And be it enacted. That no person hold- ing Stock in any such Company as Executor, Administrator, Tutor, Curator, Guardian or Trustee, shall be personally subject to any liability as Stock- holder of such Company ; but the estates and funds in the hands of such Executor, Administrator, Tutor, Curator, Guardian or Trustee, shall be liable in like manner and to the same extent as the Testator or Intestate, or the Minor, Ward or interdicted person, or the person interested in such trust fund would be if he were living and competent to act, and held the same stock in his own name ; and that no person holding such stock as collateral security shall be personally subject to any liability as Stockholder of such Company, but the person pledging such stock shall be considered as holding the same, and shall be liable as a. Share- holder accordingly. XIX. And be it enacted. That every such Ex- ecutor, Administrator, Tutor, Curator, Guardian or Trustee, shall represent the shares of stock in his hands at all meetings of the Company, and may vote accordingly as a Stockholder; and every person who shall pledge his stock as aforesaid, may nevertheless represent the same at all such meetings, and may vote accord* ingly as a Stockholder ; but no person holding stock as Ex- ecutor, Administrator, Tutor, Curator, Guardian or Trustee, shall be a Trustee or hold any office in the service of such Com- pany ; and all votes given to them or either of them shall be void. XX. Aiid be it enacted, That it shall be the Trustees to keep duty MAT HERBAFTEBBECEIVE ASSIGNMENTS AND ENTER INTO CONTRACll AND AGREEMENTS IN DELATION TO GOODS AND llBRCHANDIZE ENTRUSit- BD TO AGBNT8, CANADA BAST AND WEST. ^ [Assented to, 28>thJulif,lS^7.] WHEREAS it is expedient to afford 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 'm advisable and necessary that reasonable and safe facilities should be afforded thereto : Be it therefore enacted, &c., That from 454 and preamble. UK A U. Yiiet iiBonioixox. om wLunuMff wta. Oup. 10; 1849. OontrMts for IIm nleoffoodp made with aiteBto entrusted with the pofueMion thereof to 1m ^tr ihaftcrnnv nowtbeMlOTlp be only an v^enl. Agents to be deemed tue enofgoodien* trusted to ttaein, for the purpeie mentioned in tlw section one, Mid so as to entitle a consiKnee heimf to a lien fbr monies, ka.. ad- vanced to the qgent : and also so as to maker valid contracts of pledge. and after the passing of this Act, it shall and may be lawful for any person to contract with any agent who shall thereafter be entrusted with the possession of any goods or merchandize or to whom the same may be consigned, for the purchase of any such goods or merchandize, and to receive the same of and pay for the same to such agent, and such contract and payment shall be binding upon and good against the owner of such goods and merchandize notwithstand- ing such person shall have notice that the person making and entering into such contract or on whose belalf such contract is made or entered into is only an Agent. II. And be it enacted. That any such agent who shall be entrusted with the possession of gpoods and merchandize or of the documents of title to goods and merchandize shall be deemed and taken to be the owner of such goods and mer- chandize and documents for the purposes of such •ale or contract of sale as in the first clause men- tioned, and also so as to entitle the consignee of such goods and merchandize to a lien thereon in respect of any money or negotiable security ad- vanced or given by such consignee to and for the use of such agent, or in respect of any money or negotiable se- curity received by him to the use of such consignee in the like manner to all intents and purposes, as if such person was the true owner of such goods and merchandize, and so far as to give validity to any contract or agreement by way of pledge (gage) lien or security hon&fiie made by any persor vith such agent so entrusted as aforesaid, as well for any originti.! loan, advance or payment made upon the security of such goods and merchandize or documents, as also for any further or continuing advance iii respect thereof, and such contract or agreement ciontractsof shall be binding upon and good against the owner g^ownen]Mp of such goods and merchandize, and all other per- "<'*»*?^f** **" sons interested therein, notwithstanding the per- ^'^ son claiming such pledge or lien may have had notice that the person with whom, such contract or agreen^ent is made is only to agent. III. And be it en^c^ed, Tha^ where any such a)ntract or agreennent for pledge {gc^^) lien or se- curity shall be made in consideration of the de- ^yery or transfer to such agent 9^ any other goods <^ merchandize or document of title or negotiable fUepurity, upon Mvhich the person so delivering up t|ie sa^me had at the time, a vaJid and available lien and security iox or in respect of a previpi^ui advance by virtue of some cott- 455 tract Case where the pledge or lien shall be in con- Bidei'ation of the delivery of other goods, Ac., on trtiioh the partjjr delivering the^ hath alien, prd^ vided for. i' i ♦ A f i ; I m i Hi- 10 A 11 Yiot. PBonoTioir or imoBAHTf, iro. Cap. 10, 1847. tract or agreement made with such agent, such contract and agreement, if bon&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 consideration for the fame had been a bon&Jide present advance of money : Provided Prorin •■ to always, that the lien acquired under such last men* S*ai«.'"*°'" tioned contract or agreement upon the goods or documents deposited in exchange, shall not ex- ceed 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 be it enacted. That this Act and every matter and thing herein con- tained shall be deemed and construed to give vali- dity to such contracts and agreements only as in this Act mentioned and to protect only such loans, advances and exchanges as shall be made bonA fide and without iTotice that the agent making such contracts and agreements as aforesaid has no authority to make the same or is acting mal& fide in respect thereof against the owner of such goods and merchandize ; and no- thing herein contained shall be construed to ex- tend to or protect any lien {gage) or peldge for or in respect of any antecedent debt owing from any agent to any person with or to whom such lien {gage) or pledge shall be given, nor to authorize any agent en- trusted as aforesaid, in deviating from any express orders or au- But the owner to ^^^"'7 received from the owner ; but that for the bebc^d only to purpose and to the intent of protecting all such bonA * n extent, j^^ loans, advauccs and exchanges as aforesaid, (though made with notice of such agent not being the owner, out without any notice of the agent's acting without authority,) and to no further or other intent shall the owner and all other persons interested in such goods and merchandize be bound. Act not to extend tooMeswhenthe party advanoinff. M., has notice thai the agent bw no power to pledge, or is acting mala JUe. Nor to antece- dent debts of the agent, or to jus- tUy his acting against express instruction b of the owner. What shall be deemed docu- ments of title. y. Aiid be it enacted, That any bill of lading, warehouse-keeper's or wharfinger's receipt or order for delivery of goods, or any bill of inspec- tion of pot or pearl ashes, or any other document used in the ordinary course of business, as proof of the possession or control of goods, or authorizing or purporting to authorize either by endorsement or by delivery the possessor of such document to transfer or receive goods thereby represented, shall be deemed and taken to be a document of title within the meaning of this Aeent possessed •^*'*» and any agent entrusted as aforesaid and ofnichdcoument possessed of any such document of title, whether Hv 460 ' derived 10 A 11 Yiot. PBOTiOTioir ov MiBonANTS, ETC. Cap. 10, 1847. to ho doomfld !■ nuw>eiMk)n of Ihn inMMiN to wlilch it roUktok Plodginffofnioh docuinunti to be K pledging oftha goodii. Aliio contnuitito deliver. Ac. atioh goods or docu> nicntii, if the samo be alter- wards received without notice of non-authority of Agent. derived immediately from the owner of such goods and merchandize or ohtained by reason of such agent's having been entrusted with the possession of the goods and merchandize or of any other document of title thereto, shall be deemed and taken to have been entrusted with the possession of the goods and merchandize represented by such document of title as aforesaid ; and all contracts pledging or giving a lien upon such document of title as afore< •aid shall be deemed and taken to be respectively pledges (^a^es) of and lien upon the goods and merchandize to which the same relates, and such agent shall be deemed to be possessor of such goods and mer- chandize or documents of title whether the same shall be in his actual custody or shall be held by any other person subject to his control or for him or on his behalf; and when any loan or advance shall be bond fide made to any agent entrusted with and in possession of any such goods and merchandize or documents of title as aforesaid on the faith of any contract or agree- in writing to consign, deposit, transfer or deliver such goixls 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 authorized 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 mean- ing of this Act, though such goods and merchandize or docu- ments of title shall not actually be received by the person mak- ing 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 Xv^ behalf shall be deemed a con- tract or agreement with such agent ; and any payments made whether by money or bills of ex- change or other negoliable 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 merchandize or documents shall be taken for the purposes of this Act to have been entrusted therewith by the owner thereof, unless the contray be shewn in evidence. VI. Provided always, and be it enacted. That the responsibiu^y nothing herein contained shall lessen, vary, alter of the Apeia te or affect the civil responsibility of an agent for '* P"n<=ip any breach of duty or contract or non-fulfilment of his orders or authority, in respect of any such contract, agreement, lien or pledge Igage) as aforesaid. 457 VIL Contracts with the Clerk and with the Agent. Payments in tailli of cxcliange Possession of A«ent to be deem cd with consent of owner, unleM the contrary be shown. Act not to impair ifli^ 1^4; 11 Vict, nontmon pp mmnmni^ v^g. Ct^, 10, 19tf. MM». to boVuiuy in that behalf, for his own benefit and in ViolatTon •r*n,tad«u,««.or. of g(^ f^iji, j„g^^ ^,^y consignment, deposit* transfer or delivery of any goods and merchandize or documents of title so entrusted to him as aforesaid, as and by wa}r of « pledge, (gage) lien and security, or shall, contrary to or withpiU ■noh authoritv, for iuis own benefit iMid ip violation of good faijjh, ^oept any advance on the faith of any contract or agreement) ftp consign, deposit, transfer or deliver such goods and merchundixf^ or documents of title as aforesaid, every such agent shall bt Putahinont for deemed guilty of a misdemeanor, and being con- ■udh offonco. victed thereof shall be sentenced to sufier sdoIi punishment by fine or imprisonment in the Common Gaol {tff. •ay term not exceeding two years, or by both as the Court *>>• like of any having jurisdiction in such cases shall award ; •Mting in^suoh <^nd every clerk or other person who shall know- ''P^""*' ingly and wilfully act and assist in making any such consignment, deposit, transfer or delivery, or in accept- ing or procuring such advance as aforesaid, shall be deemi^ guilty of a misdemeanor, and being convicted thereof shall be liable at the discretion of such Court to any of tho punishnt^nt^ vbich such Court shall award as hereinbefore last mentioned : Provided nevertheless, that no such agent sjball be liable to a,ny prosecution for consigning, dep(>> siting, transferring or delivering any such goods and merchandize or documents of title, in case the same shall not be made a security for or su^ ^f)pt to the payment of any greater sum of money than tbt amount which t^t the time of such consignment, deposit, tri^^ fer or deliver}, was justly due and owing to such agent frpi^ his principal together with the amount of any bills of ei^- change drawn by or on account of such principal, and accept: Prarifo: ed by such agent i JProyided also, that the coD' yiction of any such agent so convicted as afore- said, shall not be received in evidence in any ac- tion at law or suit in equity against |^im ; an^ qo agent entrusted as aforesaid shall be liable to ^ convicted by any evidence whatsoever in respe^f of any act done $y him, if he sliall at any tiipofl! previously to his being indicted foi^ such ofieqce, have disclosed such act on oath, in consequence of any compulsory process of any Court of Law, Equity, or Admiralty, in any action, suit or jproceeding which shall have been bond fide instituted by any party aggrieved, or if he shall have disclosed the same in any examination or deposition beA>re any Commissioner of Bankrupts. 458 VIIL Pfcoriao! Agtait not liable Iftnroiecutionfor piMffing Koods to Mkttmountnotcx- •gtditiK that due nun by the owner. Oonviotion not lobe evidence igtiiist Agent in My civil pro* oeedingH. ibmit not liable toM convicted. •A^ having dis- dcJnd the act on oath in certain •Ivil proceedings. 10 A 11 Viot. rooTionos- on HBmoBAVN, vto. Oap. 10^ 1849. VIII. Provided nlwayi, and be it enacted, That Act nottoim. nothing herein contained shall prevent such o .vner RS'„wMc?folM? u aforesaid from having the right ^n redeem such ^[^"'IXSdH^ goods and merchandize or documents of title ••!*«)«'<«>• pledged aa aforesaid, at uny time before such goods and mer> chandizR shall have been sold, upon repayment of the amonnt of the lien thoreon or restoration of the securities in respect of which such lien may exist, and upon payment or satisfaction to iuch agent, if by him required, of any sum of money for or in respect of which such agent would by law be entitled to retain the same goods, merchandize or documents, or any of them, by way of lion as against such owner ; or to pre- or topiwonthto vent the said owner from recovering of and from EiS'lffomYin such person with whom any such goods and mer- fhey'^ore'pMg. chandize or documents may have been pledged, ou. or who shall have any such lien thereon as aforesaid, any balance or sum of money remaining in his hands as the prop duce of the sale of such goods and merchandize after deducting the amount of the lion of such person under such contract or agreement as aforesaid : Provided always, that in proviHoasto th* case of tho bankruptcy of any such agent, the ^JJ^fwof tST** owner of the goods and merchandize which shall Agent. have been so redeemed by such owner as aforesaid shall, inr^a pect of the sum paid by him on account of such Agent for such redemption, be held to have paid such sum for the use of such agent oefore his bankruptcy, or in case the goods and merchant dize shall not be so redeemed, the owner shall be deemed a cre- ditor of such ugent for the value of the goods so pledged at the time of the pledge, and shall if he shall think fit, be entitled in either of such cases to prove for or set off the sum so paid or tho value of such goods and merchandize, as the cow n^ay be. IX. And be it enacted, That in construing this Act, the word " person " shall be taken to desig- na^te a body corporate or company as well as an individual ; and that words in the singular number shall, when necessary to giv« effect to the intention of the said Act, import also the pluraj^ and vice versA ; and words used in the masculine gender shal^ when required, be taken to apply to a female as well as a mal^; and that the words " goods and merchandize" shall be taken ^ 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. X. Provided always, and be it enacted. That ^ thSifdoSr'* nothing herein contained shall be construed to before t^eninr give validity to, or in any wisie to affect any con- ^ * * tract, agreement, lien, pledge (jg^f) o' ot^^r act» matter or 459 thing InterprotattOB clause. -IfHp^'" i! I" 12 Vict. H0ET0A0OB8 BALI ACT, (o. W.) Gap. 73, 1849. Nor to affect any thing made OF done before the passing of this Act ; 2to*nt"with tbS; Provided also, that nothing in this Act, contained ^o*- shall be held to destroy or diminish any other right recourse or remedy not contrary or repugnant to this Act which might be enforced according to the Laws of Vy^sr or Lower Canada. INTEBEST OF MORTGAGOES SALE ACT, (C. W.) ,■{ •) CAP. LX XIII. AN ACT TO PROVIDE FOR THE SALE UNDER EXECUTIONS, OP THE INTBBBSV OP MORTGAGORS IN REAL ESTATE IN CANADA WEST. , [Assented to, ZOth May, 1849.] Praamble. WHEREAS it is expedient to provide by law, that the interest of Mortgagors and their Equity of Redemption, in Real Estate, may be sold upon Exe- cutions against lands and tenements in Upper Canada : Be it The interest of a therefore enacted, &c., That from and after the totoKS^u- passing of this Act, it shall and may be lawful, tton- upon any Writ of Fieri Facias lawfully issued against the lands and tenements in Upper Canada of any per- son or persons who, or any of whom, may be a Mortgagor of Real Estate in the County, to the Sheriff or other Officer of which such Writ is directed, to seize or take in execution, sell and convey, (in like manner as any other Real Estate might be seized or taken in execution, sold and conveyed,) ail the legal and equitable estate, right, title, interest and property, and the Equity of Redemption of such Mortgagor in any lands and tene- ments in such County. BITect of seizure and of the sale •nd conveyance to be made under it by the Sheriff : oblimtions of the purohaser, &o. II. And be it enacted. That the effect of such seizure or taking in execution, sale and convey- ance, shall be to transfer to and vest in the pur- chaser or purchasers, and the heirs and assigns of such purchaser or purchasers, all the legal and equitable estate, right, title, interest and property, and the Equity of Redemption of such Mortgagor, in the lands or tenements so seized or taken in execution, sold and conveyed at the time of 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 460 hein 12 Tict. M0BTOA.0OBS 8A£B ACT, (o. W.) Cap. 73, 1849. heirs and assigns of such purchaser or purchasers, the same advan- tages, benefits, rights, privileges and powers as such Mortgagor could or would have had, enjoyed or exercised if ri^hs of the such sale had not taken place ; and that such pur- purchaser. chaser or purchasers of the interest of such Mortgagor, or the heirs or assigns of such purchrser 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 Mortgagors against whom 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 pur- caasers and the heirs and assigns of such purchaser or pur- chasers, shall take, have, hold, possess and enjoy the same estate, right, title, interest, property, benefit and advantage which such Mortgagor or Mortgagors against whom such Writ of Fieri Facias was issued, might or would have taken, had, held, possessed and enjoyed in case such payment, removal or satisfaction had been efiected by such Mortgagor or Mortgagors, and on payment of the mortgage money to the purchaser paying Mortgagee by the purchaser, the Mortgagee, his heirs, or assigns shall, if required, give to such purchaser or the heirs or assigns of such purchaser, At his or their cost and charges, a certificate of payment or sa- tisfaction of such mortgage or of the performance of the condi- tion of the same, which may be in the form and to the efiect of the Scheduls to this Act marked A, and which certificate shall be of the like efl[ect, and shall be acted upon by Registrars and others, to the same extent as if the same had been given to the Mortgagor, his heirs, executors, administrators or assigns. III. And be it enacted. That any Mortgagee or JJjJ^^t^"^ Mortgagees of the lands and tenements so sold, or unds mortgaged of any part thereof, or the heirs or assigns of such ^^^' Mortgagee or Mortgagees, (being, or not being, Flaintifi' or Plaintiffs, Defendant or Defendants in the Judgment whereon the Writ of FHeri Facias on which such sale shall take place, was issued) may be the purchaser or purchasers at such sale, and shall and may take, nave, hold, possess and enjoy the same estate, title, property, benefits, advantages, 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 : Provided always, proviso: he iiuui that if the Mortgagee of the said premises shall nieu^ the mort- become the purchaser tbereofi he shall, give to "*** *''*' 461 the mortpgo money entitled to a cer- tificate of satis- ' fection, &c. IS Yict. X0BTOA0OB8 BAIiB iU«, (o. w.) Cap. 73, 1849. 1 ,' . *n the Mortgagor a release of the debt, for the payment of whksh PMMaionirMiy the mortgage may be given: and if any other other p«"onj.*>« pcrson shall become such purchaser, and the Mort- ^'^^ °' gagee shall enforce payment against the Mortga^ gor of the debt to secure which the mortgage 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 demanded, 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 del: •, or assumpsit for money had and re- ceived, and until the said debt and interest, if recovered 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. IV. And be it enacted. That where words occur in this Act, importing the singular number or the masculine gender only, they shall be understood to include more than one person, matter or thing of the same kind, as well as one person, matter or thing, and temales as well as males, unless it be otherwise expressly provided ; and when it would be con- sistent and reconcilable with the intent and meaning of this Act, wherever any person is described, it shall be held to apply to such person, his heirs, executors, administrators or assigns ; and Act to extend this Act shall extend to Upper Canada only : and only to a w. all other wovls, terms or phrases shall receive such fair and liberal construction c:s shall be best adapted to carry otit this Act according to its true intent and meaning. Inteipretation cfliase.1 SCHEDULE A. Referred tOf in Section 3. To the Registrar of the County of I, A. B. of do certify that C. D. of ^ho hath become the purchaser of the interest of E. F. of hath satisfied all money due upon a isertain Mortgage made by the said E. F. to me bearing date the day of ,one thousand eight hundred and , and registered at of the clock in the forenoon, {as the case may be) of the day of in the same year (or as the case may be) and that such Mortgage is therefore dis^ charged. As witness my hand, this day of 1'8 (Signed,) A. 6. E.H.of I Witnesses. 402 MOATGAOBU G. H. of 14 ^ 16 Yict. lioHrklaMt liiciflBf ^dr, (o. w.) Gap. 45, 16Si. MOETGAGEES KELIEF ACT, (C. W.) CAP. XLV. AN ACT FOR THB BBLIBF OP HOUTOAOEES, CANADA WEST. [Assented to, QOth Augmt, 1861.] Preamble. hold properly, Ao., may receive re* lease of equity of redemption, io^ without xaat^ of his debt. WHEREAS it is expedient that relief should be afforded to Mortgagees of freehold and leasehold property in certain cases in which ther are not sufficiently protected by law : Be it therefore enacted, &c.. That it shall and may be lawful for any MortgageeoffhBe- Mortgagee of freehold or leasehold property, or any Assignee or Assignees of buch Mortgagee, to take and receive from the Mortgagor or Assignee of such Mortgagor, a release of the equity of re- demption in such property, or to purchase the same under any power of sale in his Mortgage, or any judgment or decree, with- out thereby merging the Mortgage debt as against any subse- quent Mortgagee or registered judgment Creditor of the same property. 11. And be it enacted. That whenever any prior wi,» _• « . .» ^ . . » . n ir. ' wncnpriorMort. Mortgagee or Assignee or Assignees of such prior gagee shall take Mortgagee of such property as aforesaid, shall take "^^S^^^^"^^"* a release of the equity of redemption of the Mort- gagor or his Assignee in such Mortgaged property as aforesaid, or shall purchase the same under any power of sale in his Mortgage, or any judgment or decree, no subsequent Mortgagee or his Assignee, or registered judgment Creditor shall be entitled to foreclose or sell such pro- perty without redeeming or selling subject to such prior Mort- g^ee or his Assignee, in the same manner as if such prior Mort- giagee had not ta^en, received or purchased such equity of re- demption of the Mortgagor or his Assignee. .^ ■ III. And be it enacted, Th&t nothing in this Act Priority 6r itny contained shall be construed to affect any priority Rfe^iJ**" or claim which any Mortgagee or judgment Cre- this Act. ditor shall or may have or be entitled to under any Act in force relating to the iregistiry of titles to land. IV. And be it enacted, Thtiton any pirbceedins inproceedingRfor r n \ L • i^i •»..".. * " foreclosure, Ac.. for foreclosure by, or redtifhplion against any As- «tate or MoriMjite si^nce or Assignees of tti^ Afoi-tgag^, the state- >^red^i^«L 463 ment redemption, Ao~ BubscquentHorU gagee Ac., not en« titled to foreoloM or sell property, without redeem- ing, Ac. ! 12 Vict. 1I0BT0A.0X8 TO BS riLKD, (o. w.) Gap. 74, 1849. Jiteiebjntstoment OD Ofttn of Aflsig. ment of the Mortgage account, under the oath of nee of Mortgagee, such Assignee or Assignees, shall be sufficient primA facie evidence of the state of such hccount, and no affi. davit or oath shall be required from the Mortgagee or any inter- mediate Assignee, denying any payment to such Mortgagee or intermediate Assignee, unless the Mortgagor or his Assignee, or party proceeding to redeem, shall deny the correctness of such statement of account by oath or affidavit. Hitent of Act. y. And be it enacted, That this ilct shall extend only to Upper Canada. MOKTGAGES TO BE FILED, (C. W.) Mortgages of per- ■onalsin Canada West made after the passing of this Act, to be void unless filed as herein directed 1« CAP. LXXIV. AN AOT BEQUIBING HOBTGAGES OP PEBSONAL PBOPEBTY IN CANADA WEST TO BE FILED. [Assented to, SOth May, 1849.] - BE it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Coun- cil and of the Legislative Assembly of the Province of Canada, constituted and assembled, &c., That every Mort- gage or Conveyance intended to operate as a Mortgage of Goods and Chattels made after the passing of this Act, in Upper Canada, which shall not be accompanied by an immediate delivery and be followed by an actual and continued change of posses.sion of the things mortgaged, shall be absolutely void as against the creditors of the mortgagor, and as against subsequent purchasers and mortgagees in good faith, unless the Mortgage or Conveyance or a true copy thereof, together with an affidavit of a witness thereto sworn before a Commissioner of the Queen's Bench, of the due execution of the Mortgage or con- veyance, or of the due execution of the Mortgage or Conveyance of which the copy to be filed purports to be a copy, shall be filed as directed in the succeeding section of this Act. II. And be it enacted, That the instruments men- to be filed i?the tioned in the preceding section, shall be filed in the SoSuity coS Office of the Clerk of the County Court of the County where the mortgagor therein, if a resident in Upper Canada, shall reside at the time of the execution thereof) and if not a resident, then in the Office of the Clerk of the 464 County 12 Vict. MOBTOAOSB TO BE PILED, (O. W.) Cap. 74, 1848. t shall extend fY IN CANADA County Court of the County where the property so mortgaged shall be at the time of the execution of such instrument ; and such Clerks are hereby requireJ to file all such And open to in- instruments aforesaid presented to them respec- »pection. tively for that purpose, and to endorse thereon the time of re* ceiving the same, and shall deposit the same in their respective Offices to be kept there for the inspection of all persons in* terested. III. And be it enacted, That every Mortgage or copy thereof filed in pursuance of this Act, shall S^&^Sn" cease to be valid as against the creditors of the ^^m' **"*' person making the same, or against subsequent " ^°** purchasers or mortgagees in good faith after the expiration 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 County Court. IV. And be it enacted, That a copy of such copies of mort. original instrument or of any copy thereof so filed ??rt1flcate of *** as aforesaid, including any statement made in pur- dcnco of such^'' suance of this Act, certified by the Clerk in whose filing. Office the same shall be filed, shall be received in evidence, but only of the fact that such instrument or copy and statement was received and filed according to the endorsement of the Clerk thereon and of no other fact ; and in all cases the original en- dorsement 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 endorsement. V. And be it enacted, That the Clerks of the cierkaofthes^d Courts aforesaid shall respectively number every beSt?iSi such instrument or copy which shall be filed in filed with them, their Offices, and shall enter in books, to be pro- ^ vided by them, alphabetically, the names of all the parties to such instruments, with the number endorsed there P^?e ofvessels provisions of an Act passed in the eighth year of re^sterod under Her Majesty's Reign, and intituled. An Act to 8Vict.,c.6. tecure the right of property in Brtiish Plantation Vessels navigat ing the inland w^aters of this Province, and not registered under the Act of the Imperial Parliament of the United Kingdomt passed 465 in I 'PI' i ■ r5 '. •I t' ' i- 1,8 A 14 Vict. MOBTOAOiB TO BX riLU), XTC, (o.w.) Cap. 62, 1860, in the third and fourth years of the Reign of His late Majesty Kine William the Fourth, intituled, * An Act for the registering of* British Vessels,* and to facilitate the transfers of the same, and to prevent the fradulent assignment of any property in sui:h Vessels. VII. And be it enacted, That for services under this Act, the Clerks aforesaid shall be entitled to receive the follovtring fees : Fecfl allowed to for filinc cach instrument and affidavit, and en- torin' 'm rf^' ^^^^^S ^^ samc in a book as aforesaid, one shilling ng mor gages. ^^^ 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. Amended bj 18 and 14 Vict. See following Act on this page. M0ETGAGE8 TO BE FILED, AMENDED (C. W.) Preamble. CAP. L XII. AN ACT TO ALTER AND AMEND THE ACT BEQUIBINO MOBTOAGES GW tHZ, Bff^AIi PBOPEBOT IN CANADA WEST TO BE FILED. jv , ., , _, ; [Assented to, 24ah July, 185a] WHEREAS the Law now in force in Upper Canada requiring Mortgagee of PersonaJ Property to be filed requires amendment, so as to require that every sal^ tf 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 afiidavit that the mortgages and conveyances mentioned in the sctid Act, and the bills of sale in writing mentioned in this Act, are honiifde and just and not for the purpose of protecting such goods and chattels in the possession of the mortgagee, or bargainee against the creditors of the mortgagor or banrainor : Be it R J^iidS*" therefore enacted, &c.. That the first Section of the Act passed in the twelfth year of Her Majesty's Ueign, intituled. An Act requiring Mortgages of Personal Pro- perty in l^er Canada to be filed, be and the same is hereby The amendment amended by adding to the end thereof, as follows : gii 466 ' "And 18 & 14 Vict. glUfLB OOKVBJLOT 0& DXBT, (o. w.) Cap. 61, 1860. « And that every sale of ffoods and chattels which JJ^'J^i^J^^ shall not be accompanied hy an immediate delivery dMeiy doiwend. and followed by an actual and continued change of possession of the goods and chattels sold, shall be in virriting, and such writing shall be a conveyance under the provisions of the said Act ; and that the mortgages and conveyances AflicUvit r«- mentioned in the said Act and the writing or «J«iro^ conveyance mentioned in this Act, shall be accompanied with an affidavit of the mortgagee or bargainee of such goods, sworn before a Commissioner of the Queen's Bench or Common Pleas, 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 case of an absolute sale, that the sale is bond Ji!■■ )■ .' ■; :^riB (': ^ ■'! ^^^^^B ■™» 18 &> 14 Yict. BiuPLi oovTSAOT OB SSBT, (o. w.) Cap. 61, 1860. knowledgments and promises to take the cases in such actions out of the operation of the said Statute : Be it therefore enacted. Written memo- &c., That in all actions on simple contract or debt to uk™tiSlo* ®f ^^® nature hereinbefore mentioned, no acknow- out of statute. ledgment or promise by words only shall be deemed Hufficient evidence of a new or continuing contract whereby to take any case out of the operation of the said Act, or to deprive any party of the benefit thereof, unless such acknowledgment or promise shall be made or contained by or in some writing to b« signed by the party chargeable thereby ; and that where there Case of two or ^^^^^ ^^ '^^ ^^ more joint contractors, or execu- mora Joint con> tors cr administrators of any contractor, no such traotorB,4c. j^j^^^ contractor, executor or administrator shall lose the benefit of the said Act so as to be chargeable in respect or by reason onlv of any written acknowledgment or promise rmade and signed by any other or others of them, or by reason of any payment of any principal or interest made by any other or Proviso: whero Others of them ; Provided always, that in actions SSlSd K^ono commenced against two or more such joint oon- Mto butMtaato ^•^^^^o^'^j cxecutors or administrators, if it shall au. ' appear at the trial or otherwise that the plaintiff, though barred by the said recited Act or by this Act, as to ou« or more of such joint contractors, or executors or administrators, •shall nevertheless 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 defendanti against whom he shall recover, and for the other defendant or defendants against the plaintiff. Astonon-joinder "' ^nd be it cnacted. That if upon any plea in rfdefendantswho abatement in any of the said actions for the non- underthcsaldAct joiudcr of any person or persons, who. it is alleged, and this Act. ^^gj^j j^ ^^ gy^j jointly, it shall appear at the trial or otherwise; that the action could not, by reason of the said re- cited 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 against the As tocosts in new party pleading the same ; and if after the pleading ffiioStS. oi such plea, the plaintiff, instead of proceeding in ued on such plea, the said action, shall abandon or discontinue the same, and commence a new action against the defendant or de« fendants 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 tliat such action could not, by reason of the said recited Act or this Act, be maintained against the person or persons named in I he said plea in abatement and joined in the said new action, but 468 Statute to apply to set-off. 18 ft 14 Vict. BIUPLS 0OKTBA.0T OB DIBT, (o. w.) Cap. 61, 1850< against the original defendant or defendants alone, the plaintiff ■hall thereupon be entitled to recover against the original de- fendant 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 pleading of such plea, in addition to the debt or damages and costs reoov- erable against the said original defendant 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 be it enacted. That no indorsement or indonement.*eH memorandum of any payment written or made £^w.m>tto after the time appointed for this act to take effect, SS®©* tholtSr upon any promissory note, bill of exchange, or ute. other writing by or on behalf of the party to whom such pay- ment shall be made, shall be deemed sufficient proof of such pay- ment, so as to take the case out of the operation of the said Statute. IV. And be it enacted. That the said recited Act ai.d this Act shall be deemed and taken to i^ply to the case of any debt on 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. y. And be it enacted, That no action shall be maintained whereby to charge any person upon any premise made after full age to pay any debt contracted during infancy, or upon any ratification after full age, of any promise or simple contract made during ic%ncy, unless such promise or ratification shall be made by some writing signed by the party to be charged therewith. VI. And be it enacted, That no action shall be .„ fn .nrr-.ni. ,111,1 -Asto rfipreaenta- brought whereby to charge any person upon or by tion concerniiig reason of any representation or assurance made or orldit^ft^' a given concerning or relating to the character, con- *^"* p*^^" duct, credit, ability, trade or dealings of any other person, to the intent or purpose that such other person may obtain money, goods or credit thereupon, unless such representation or assur- ance be made in writing signed by the party io be charged therewith. VII. And be it enacted, That the seventeenth statute of Prawk section of an Act passed in England, in the twenty- t^"f^iS^"i> ninth year of the Reign of King Charles the Se- bedeuveredata cond, intituled, An Act for the prevention of Frauds '^'"" **"*• *** and Perjuries, shall extend to all contracts for the sale of goods 469 of As to ratificatiOB of promise madt diving nonmge. :«5 4 ''^:pili 12 Viot. ATTACBifJorTS AOAnrsT PBOPIBTT, (o. w.) Cap. 69, 1840. of the value of Ten Pounds currency, and upwards, notwith- standing 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 coropletiog thereof, or rendering the same fit for delivery. BitentofAot. VIH. And be it enacted, That this Act shall ex- commencement. tg„£| tQ Upper Canada alone, and shall take eff*ect and commence on the First day of January, one thousand eight hundred and fifty-two. n ATTACHMENTS AGAINST PERSONAL PRO- PERTY, (C. W.) Fraunble. CAP. LXIX. AN ACT TO AUTHOBIZB ATTACHMENTS AGAINST PERSONAL PROPERTT. FOB SUMS OF TEN POUNDS AND UNDEB^ IN CERTAIN OASES IN CANADA WBST. [Assented to, SOih May, 184,9.] WHEREAS it is necessary to provide further protection to Creditors, and to afibrd the means of attaching the personal property of absconding, remov- ing or concealed Debtors in Upper Canada, for any sum to the amount of ten pounds, and not less than twenty shillings, tor any debt or damage arising upon any contract, express or implied, or upon any judgment : Be it therefore enacted, &c.. That if any PixBomd property person or Dcrsons in any Connty of Upper Canada, wwadfngdSbton being indebted in such sum and manner as men- SJTc^SSdJ. tioned in the preamble to this Act, shall abscond tioas. from this Province, leaving personal property liable to seizure under Execution for Debt, in any County in Upper Canada, or shall attempt to remove his, her or their per- sonal property of the description above-mentioned, either out of Upper Canada, or from one County to another therein, or from Upper to Lower Canada, or shall keep concealed in any County of Upper Canada to avoid service of Process, with intent and de- sign to defraud his or her Creditor or Creditors, it shall and mav Affidavit to bo be lawful for any Creditor or Creditors of such made and filed. person or persons, his, her or their Servant or Agent, to make application to the Clerk of any Division Court ol the County wherein the Debtor or Debtors were or was last 470 domiciled. 12 Tiet. ATTAOBiuiffTS AOiJirsT raoFiBTT, (o. w.) Cap. 69, 1840. domiciled, or where the debt was contracted, or to the Judge of the County Court therein, or the United Counties of (as the case may be), or to any Justice of the Peace in any County of Upper Canada, and upon making or producing an amdavit or affirmation to the purport of that m the Schedule to thi.H Act annexed marked A (which affidavit or affirmation the said Clerks, Judges and Justices of the Peace are respectively hereby authorized to administer,) and upon then and there filing the said affidavit or affirmation with such Clerk, Judge, or if taken before a Justice of the Peace (whose duty it shall be to transmit the same forthwith to the Clerk of the Division Court within whose Division the same was so made or taken, to be filed and kept among the papers in the cause,) it shall be lawful for such Clerk, Judge or Justice of the Peace forthwith to warrant to be issue a Warrant under his hand and seal, directed luued for jeuing to the Bailiffof the Division Court within which the *'*° ''~'^'*'- same was issued, or to any Constable of the County, commanding such Bailiff or Constable to attach, seize, take and safely keep all the personal estate and effects of the absconding, removing or concealed person or persons, of what nature and kind soever, liable to seizure under execution for debt, within such County, or a sufficient portion thereof to secure the sum mentioned in the Warrant, with the costs of the action, and to return the same forthwith to the Division Court of the Division wherein such Warrant was issued, upon receipt of which War- rant the Bailiflf or Constable to whom the same may be directed, shall forthwith execute the same, and, with the assistance of two freeholders, make a just and true inventorv of all such personal estate and eflfects as he shall seize and take by virtue thereof, and shall forthwith return the same to the Clerk of the Division Court of the Division within which such Warrant was issued, and which warrant may be in the form of that in the Schedule to this Act annexed marked B ; Provided always, Proviso: fees of that the freeholders and appraisers authorized by "pp™***". *«• this Act shall be entitled to receive for each day they may be employed in carrying its enactrr^snts into efiect the sum of two shillings and sixpence each, to be paid in the first instance by the Plaintiff or Plaintiffs, and allowed in the costs of the cause : Provided always, that proceedings may be con- proviso: in what ducted to Judgment and Execution in any case court the pro- commenced by Attachment '\iider the provisions ^duc^edand of this Act, in the Division Court of the Division «>mpiet«L within which the Warrant of Attachment shall issue ; and that when proceedings shall be commenced in any case before the issuing of an Attachment under the provisions of this Act, such Eroceedings may be continued to Judgment and Execution in the division Court within which such proceedings may have been 471 commenced, How such war- rant shall be ez> ecuted. Appraisement and return. ProviM I Plaintiff not to divide hia lofMtlon ibr the purpoM of blinking M« tioiu in a Dl vlalon Court, fto. 12 Viot. ▲nAomanm AOinriT raopiBTT, (o. w.) Cap. 60, 1840. eommenced, and the property seized upon any such Attachment, shall be liable to seizure and sale under the Execution to be issued upou such judgment or the proceeds thereof, in case sii^h property shall have been sold as perishable, shall be app^ed in satisfaction of such judgment ; Proviied further, that it shall not be lawful for any I'laintiff to divide any cause of action into two or more suits for the purpose of bringing the same within the jurisdiction of any Division Court, but any Plaintiflf having a cause of action above the value of ten pounds, for which an Attachment might be issued under this Act, if the same were not above the value of ten pounds, may abandon the excess, and upon proving his case, shall and may recover to an amount not exceeding ten pounds, and the judgment of the Court in ^uch case shall be in full discharge of all demands in respeci. of such cause ofaction, and the entry of judgment therein shall be u«ade accordingly. Property to be in II. And be it enacted, That all property seized te^Me""*" under the provisions of this Act, shall bo forthwith Court. handed over to the custody and possession of the Clerk of the Division Court of the Division within which the Warrant was issued, who shall take the same into his charge and keeping, and shall be allowed all necessary disbursements for keeping the same. III. And be it enacted, That if any person or persons against whose estate or effects such War- rant or Warrants may have been issued, or any person or persons on his, her or their behalf, shall at any time prior to the judgment in the cause, execute and tender to the creditor or creditors who sued out such Warrant or Warrants as aforesaid, and shall file in the Division Court to which the Warrant or Warrants of Attachment shall have been returned, a bond with good and sufficient sureties, to be approved of by the Judge or Clerk of the Divsion Court, binding tho obligors, jointly and sevrally, in double the a'^novnt of the f'^'n claimed, conditioned that the debtor or •:; ' : .: .^naming fiim, her or them) shall, in the event of the claim being proved and judgment being recovered thereon, as in other cases where pro- rseedings have been commenced against the person, pay the .. property seized upon such attachment or attachfn>*nt!^, or enough '^f such property to satisfy the same, may be sold »)et-«on to sai> ty the same according to law, or enough of the proceeds thereof m y be applied to satisfy the judgment and osts, it' the same shall have been previously sold under the provisions of this Act, as perish- able property. V. And be it enacted, That in order to proceed in the recovery of any debt due by the person or persons against whose property a W irrant shall have issued under this Act, where Pro- cess shall not have been previously served, fhe same may be served either personally or by leaving a copy a^ the last place of abode of the Defendant, with any person or pei ons there dwell- ing, or by leaving the same at the said dwelling, if no person be there found ; and in every case, all subsequent proceedings shall and may be conducted according to the usual corrso of practice and proceedings in the Division Court aforesr id : Provided alwavs, that if it shall appear to the satisfaction ol Proviso! whon the Judge in the trial of any cause, upon affidavit SnLwo" SM^Sr or other sufficient proof, that the creditor or ere- ^^^ attachment. ditors suing out an attachment under the provisions of this Act, had not reasonable or probable cause for taking sue! proceeding, then it shall be the duty of the Judge to order that no costs whatever shall be allowed to such creditor or creditors, plaintiff or plaintiffs therein, and no costs in such case shall be recovered in the cause VI. And be it enacted, That in case any horses, J^**^^J[" *^. cattle, sheep, or other perishable goods or chattels abieTgooda. shall be taken upon any Warrant to be issued under this Act, it shall be lawful for the Clerk of the Court in whose custody or keeping the same shall be, to have the same valued by two iree- holders, and at the request of the plaintiff suing out the Warrant, to expose and sell the same at public Auction to the highest bidder, giving at least eight days' notice, at the office oT the <^^rk of the said Division Court, and at two other public places withiii such Division, of the time and place of such sale, if the articles seized will admit, otherwise to sell the same at his dis- cretion : Provided always, that it shall not be com- ProTiso: seinm pulsoiy upon ihe Bailiff or Constable to seize, or Sntu^thepiSiW upon the Clerk to sell such perishable articles, gives security. until the party suing out the Warrant shall have given a bond to the defendant or defendants therein, with good and sufficient sureties in double the amount of the appraised value thereof (to be ascertained as aforesaid), conditioned that the party directing 473 ir^i suon r ^ ^E 1 ( 12 Vict. ATTACHMENTS AOAIKBT PBOPBBTT, (o. MT.) Cap. 69, 1849. such seizure and sale will repay the value thereof, together with all costs and damages that may be incurred in consequence of such seizure and sale, in case judgment be not obtained for such party suing out such attachment, which bond shall also be filed Proviso: In what with the papers in the cause: Provided always, SlderSA?^" that any bond given in the course of any proceed- maybe sued upon, i^g under this Act, may be sued in any Division Court of the County wherein the same shall have been executed, and proceedings may be thereupon carried on to judgment and execution in such Court, notwithstanding the penalty contained in such bond may exceed the sum of Ten pounds : And provided ftoviso as to the further, that evcry bond shall and may be deliv- ■Boni7° e ^^^^j ^p ^^ jj^^ party entitled to the same, by the order and at the discretion of the Judge of such Court to be en- forced or cancelled, as the case may require. Residue to be VII. And be it cuactcd, That any residue which pMdto defendant may remain after satisfying such judgment, with the costs thereupon, shall be delivered to the defendant, or to the agent of the defendant, or to the person or persons in whose cus- tody the same were found, whereupon the responsibility of the Clerk as respects such property shall cease. i^unlKis*^' ^^^'- ^^^ ^® ^* enacted, That in addition to Aot. the usual costs allowed on proceedings in the Di- vision Courts, the following charges shall be taxed and allowed against the defendant for the several proceedings under this Act, viz. : — £ s. D. Every Oath or Affirmation, including the drawing thereof 1 6 Every Warrant 13 Every Mile necessarily travelled in going to seize. . . 4 Ever^ Schedule of Property seized, and return, includ- ing Affidavit of Appraisal 2 6 Every Bond, including Affidavit of Justification 2 6 To the Clerk for taking charge of and keeping the property seized, such sum as the Judge may order in each particular case. Becitai. IX. And whereas, by the present practice in some of the Division Courts in Upper Canada, no interest is allowed on the amount recovered under any judgment therein, and it is considered doubtful whether interest can be charged thereon, and it is right that such interest should be allowed and j..^-.,»„„f „f« recoverable: Be it therefore enacted. That legal Judgment of a . i n i n i i i i Division Court to interest shall be allowed and recoverable upon owry in res . ^^^ ^^^ recovered under any judgment of a Di- vision Court in Upper Canada (reckoning from the date of the entry thereof,) upon the amount remaining unpaid of the sum so recovered, and such interest, if not paid, shall be levied in the 474 same 12 Vict. ATTAOHHBirrs AOAiirsT PBOPEETT, (o. w.) Cap. 69, 1849. same manner as the amount of the judgment itself, and paid over in like manner to the plaintiff, and the judgment shall mention the day from which interest is to be recovered, and the Bailiff levying under the judgment shall ascertain and levy the amount thereof at the rate aforesaid. X. And be it enacted, That no privilege shall A"y.Pf,'??"5W;^ be allowed to any person to exempt him from sumg sion court. or being sued in the Division Courts aforesaid, upon any cause of action within the jurisdiction of the said Courts. XL And be it enacted, That it shall and may be Jl^suehi fe lawful for any executor or administrator to sue said courts. and be sued in any Division Courts in Upper Canada, in like manner as if he were a party in his own right, and the judgment and execution shall be such as in the like cases would be given or issued in any Superior Court. XII. And be it enacted. That it shall be the cierktomakea duty of the Clerks of the several Division Courts '^f^lSd^' in Upper Canada, to make out a copy of the sum- fc"dant. mons for each defendant in every suit, together with a copy of the particulars of the plaintiff's demand therein, for service, for which such Clerks shall be entitled to receive six Fco for so doing. pence for each defendant, to be allowed in the costs of the cause ; and such Clerks shall and may issue alias and pluries Sum- monses in actions within the said Courts, for which the same costs shall be allowed as for original Summonses. XIII. And be it enacted. That it shall be law- r)n what proof ful for the Judges of the said Courts respectively, S?e^!rfmde^^ upon proof of personal service of a copy of Sum- **'ndcd cmbs. mons, and of the particulars of the plaintiff's demand, in unde- fended cases, to give judgment in their discretion for any such demand. XIV. And be it enacted. That the Judges of the Astorocdving said Courts upon proof of and being satisfied with piaiutirs booSs the general correctness of the plaintiff's books, "'*^" '^"''^ may receive the same in evidence and give judgment to the amount of two pounds in any case within the said Courts ; and that it shall be lawful for the Judge in any Di- vision Court, in his discretion, to grant a new trial, upon application of either party, within fourteen days after the trial of any cause therein. XV. And whereas it is desirable that judpjments in the said Division Courts should be revived by and against the personal re- presentatives of the parties thereto : Be it there- judgments may fore enacted. That in the event of the death of either j.^^'v^^r'of certain or both of the parties to any such judgment, it shall cases. 475 and As to now trial. I'-: I ii Recital. 12 Vict. ATTAOHMEKTS ^QATSBI FBOPXBTT, (O. W.) Cap. 69, 1849. and may be lawful for the party in whose favor such judgment may have been entered, or his personal representatives in caae of his death, to revive such judgment against the other party, or his personal representatives in case of his death, and to issue execution thereupon, according to such practice and after such notice therein, as may be provided and established by the Judges of the said Courts respectively. Judgesmaymako ^^'* And be it enacted, That the Judges of the nitefl of prwitice County Courts respectively shall have power, from time to time, to make general rules regulating the the practice and proceedings of the said Division Courts, and also to frame forms for any proceeding in the said Courts, for which they shall think it necesssary that a form be provided, and from time to time to alter any such form. XYII. And whereas the amount of business in certain Divisons is not so great as to require the holding of Courts therein once in every two months, while from the remoteness and inaccessibility of the same, the holding of the said Courts therein is, especially at certain seasons of the Gtovernor in year, attended with great difficulty : Be it there- fore enacted, That if it shall be certified to His Excellency the Governor General in Council, by the Magistrates of any County in Quarter Ses- sions assembled, that in any Division of such County, it is expedient for the above causes that such Courts should be held there less frequently than once in every two months, it shall and may be lafwul for his Excellency in Council to order such Courts to be held therein, at such periods as to His Excellency in Council shall seem fit : Provided coSrttobehoid- always, that such Courts shall be held in any such St mo^^*^°'^ Division at least once in every six months, and that it shall be lawful for his Excellency in Council to revoke any such order at pleasure. XVIII. And be it enacted. That it shall no the ne- ne^notbe^a cessary that any person to be appointed as Deputy ^'*8taSdiS. ^or holding anv Division Court in the absence of the Judge shall be a Barrister of five years' stand- ing, nor resident in the County in which he is appointed to act, but that it shall be suflicieut if he be a Barrister duly admitted as such. Council may in owtain cases diminish the Arequency of sit' tinea of any Division Court. Canada, County of To Wit: 476 SCHEDULE A. Referred to in Section 1. A. B., of , in the County of , (the Plaintiff or Agent, as the case may he,) maketh oath and saith, that C. D. 12 Yict. ATTAOHMEirrs AOAiirsx PBOPEBTT, (o. w.) Cap. 69, 1349. (the debtor's name) is or are justly and truly indebted to (the cre- ditor's name) in the sum of of lawful money of Canada, for (here state the cause of action briefly). And this Deponent further saith, that he hath good reason to believe, and verily doth believe, that the said C. D. hath absconded from this Province, with intent and design to defraud the said A. B. (the creditor) of the said debt, and hath left personal property liable to seizure under execution for debt within the County of ; or that the said C D. (is or are) about to abscond from this Province, or to leave the County of , with intent and design to defraud the said (the creditor) of the said debt, taking away per- sonal estate liable to seizure under execution for debt , or that the said C. D. is concealed within the County of , to avoid being served with Process, with intent and design to de- fraud the said (the creditor) of his said debt ; and this Deponent further saith, that this affidavit (or affirmation, as the case may be,) is not made, nor the Process thereon to be issued, from any vexatious or malicious motive whatever. Sworn (or affirmed, as tlie case'\ ^ybe,) before me, the ^ ^^^ {.signature of Deponent her,. thousand eight hundred and j Canada^ County of To Wit: SCHEDULED. Referred to in Section 1. ToA. B., Bailiff of the Divbion Court of the said County of , or To A. B., a Constable of the said County of (as the case may be) You are commanded to attach, seize, take and safely keep all the personal estate and effects of C. D. (naming the debtor ^) an absconding, removing or concealed debtor, of what nature or kind soever, liable to seizure under execution for debt, within the said County of » (if a United County, say one of the Unitied Counties of ,) (as the case may be) or a sufficient portion thereof to secure A. B. (here name the creditor) for the sum of (here state the amount sworn to be due,) together with the costs of his suit thereupon, and tore- turn this Wairant with what you shall have taken thereupon, to the Clerk of the (here state the number of the Division) Division Court of the County aforesaid forthwith — ^and herein fail not. Witness my had and seal, the day of , 18 . E. F., [L. S.] Clerk, Judge or Justice of the Peace, (as the case may be,) 477 Law '.i W & 16 Vict. LAW MLATIMO TO BEPLKTiy, (o. w.) Cap. 64, 1861. LAW AMENDED RELATING TO REPLEVIN INC.W. Preamble. Aotion of Rcpic* Tin to lie in cer- tain cases where actions of trover or trespass now Ue. CAP. LXIV. AN ACT TO AMEND AND EXTEND THE LAW RELATING TO THE REMEDY BT REPLEVIN IN CANADA WEST. [Assented tOf SOth August, 1851.^ WHEREAS it is expedient to amend and ex- tend the remedy by Replevin in Upper Canada: Be it therefore enacted &c., That whenever any goods, chatties, deeds bonds, debentures, promissory notes, bills of exchange, books of account, papers, writings valu- able securities or other personal property or effects have been, or shall be wrongfully distribut- ed, or otherwise wrongfully taken, or have been or shall be wrongfully detained, the owner, or person or corporation, who by Law can now maintain an action of trespass or trover for personal property, shall have and may bring an action of Replevin for the recovery of such goods, chattels, or other personal property aforesaid, and for the recovery of the damages sustained by reason of such un- lawful caption and detention, or of such unlawful deten- tion, in like manner as actions are now by law brought and maintained by any person complaining of an unlawful dis- Writ may be in a tress ; and the Writ of Replevin to be issued in certain form. any such casc or action hereafter to be brought, shall be framed according to the circumstances of each case, and tested in the name of the senior Judge of the Court out of which the same shall issue, and on the day of the month and year in which it shall issue, and be returnable on the eighth day after the service of a copy thereof on the defendant, or if he cannot be found, by leaving such copy at his usual or last place of abode, with his wife or some other grown person being a member of the household, or of the house wherein he resided as aforesaid, and may be in the following form ; The Form. County 'J or I Victoria, by the Grace of God, of the United Counties of > United Kingdom of Great Britain and J Ireland, Queen, Defender of the Faith. {as the case may be) .J To the Sheriff of (here insert name of County or United Counties) —Greeting : 4T8 We [E REMEDY BT 14 A 15 Vict. LAW BBLATnro to bepletut, (o. rr.) Cap. G4, 1851* We command you that, without delay, you cause to be reple- vied to (A. B.) his goods, chattels and personal property follow- ing, that is to say : {here set out the description of property as in the affidavit filed) which the said (A. B.) alleges to be of the vaiue of , and which (C. D.) hath taken and unjustly detains {or uiyustly detains, as the case may he,) 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 up in our Court of Queen's Bench, {or Court of Common Pleas), at Toronto, {or our County Court,) at in and for the County, {or United Counties, {as the case may be) within eight days after service of a copy of this Writ upon the said C. D.) to answer to the said (A. B.) in a Plea of taking and uryustly detaining {or unjustly detaining, as the case may be,) his goods, chattels and personal property aforesaid. And what you shall do in the premises, make appear to us in our said Court on the day and at the place aforesaid ; And have there and then this Writ. Witness of our said Court, at this day of A. D. 18 {Signature of Clerk.) This Writ is to continue in force for three months from the teste thereof, and no longer. Provided always. That the Sheriff shall not serve Pro\iso. a copy of the said Writ of Replevin on the defendant, until he shall have replevied the property therein mentioned, or until he shall have replevied some part thereof, and cannot replevy the residue, by reason of the same having been eloigned out of his bailiwick, by the defendant, or by reason of the same not being ia the possession of the defendant, or of any person for him. II. And be it enacted, That before any Writ of Affidavit to be T« , . 1 „ . r A.I. c 1 taken before the Replevm shall issue for the recovery of any such writ issues. goods, chattels, or other personal property, the person claiming the same, his servant or agent, shall make an affidavit that such person claiming as aforesaid, is the owner of the property claimed, which shall be described in such affidavit, or that he is lawfully entitled to the possession thereof, and shall state the value thereof to the best of the deponent's belief, which affidavit shall and may be sworn before a Judge of one of the Superior Courts of Record in Upper Canada, the Judge of the County Court, or a Commissioner for taking affidavits in Her Majesty's Court of Queen^s Bench or Common Pleas in Upper Canada, or a Commissioner duly appointed under the Act passed in the twelfth year of Her Majesty's Reign, intituled. An Act to author- ue the Judges of the Superior Courts of Record in Upper Canada to appoint Commissioners for taking affidavits in Lower Canada, and shall be entitled in the Court in which such action of Re- 479 plevin 14 A 15 Vict LAW BiSLATiKO TO SXPLXTIN, (o. w.) Cap. 64^ 1851. '•'h Ui plevin may be brought, and filed therein, to be kept among the papers in the cause. Defendant not ^''' And be it enacted, That when the party or tKa'"iiieali"" P^^***^s» defendant in any such suit of Replevin, pearanco tor'^iiln, shall havc been duly served with a copy of the and proceed. ^^^ ^^ Replevin issued in any such suit, and if he, she or they do not enter their appearance in such suit, at the return of such Writ of Replevin, the plaintiff or plaintifis in such action may, after filing such Writ, with an affidavit of 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. Condition and IV. And be it cnactcd. That the condition of Itond to bl taken the Bond to be taken by the Sheriff executing any bythesiioriff. such Writ of Replevin, and prescribed by the Act of the late Province of Upper Canada, passed in the fourth year of His late Majesty King William the Fourth, chapter seven, in- tituled, An Act to facilitate the remedy by Repkvin, may be altered in the wording thereof, so as to correspond with the Writ in any such action to be brought ; and the said Bond shall be taken for treble the amount of the value of the property to be replevied, as sworn to in the affidavit filed by or on behalf of the claimant or plaintiff, and stated in such Writ of Replevin. V. And be it enacted, That whenever an action of Replevin shall be brought for the recovery of goods, chattels or other personp.l property aforesaid, distrained for any cause, it shall be laid and brought in the County or United Counties in which the distress was made, and not else> where, and in other cases, the action shall or may be laid and brought in any County or United Counties. Where the action may be brought. What the Sheriff shall Htate in his VI. And be it enacted, That the Sheriff shall return. letum the Writ at or before the return day thereof and shall annex thereto, and transmit therewith the names of* the persons who were sureties in the Bond taken by him from the plaintiff, with their places of residence and additions, together with the date of such Bond, and the name or names of the wit- nesses thereto, and shall state in his return the number, quantity and quality of the articles or property replevied thereunder, and if the Sheriff shall have replevied only a portion of the property and effects in said Writ mentioned and set forth, and cannot replevy the residue by reason of having been eloigned out of his bailiwick by the Defendant, or by reason of the same not being in the possession of the Defendant, or of any other person for him, that then he shall state in his said return the articles of property which he cannot replevy, and the reason therefor. 480 VII. Gap. 64, 1851. ept among the sn the party or it of Replevin, a copy of the suit, and if he, h suit, at the aintifis in such it of the service manner before ranee for such t had appeared. le condition of ■ executing any bed by the Act the fourth year ipter seven, in- may be altered he Writ in any all be taken for to be replevied, )f the claimant never an action the recovery of said, distrained the County or , and not else- ay be laid and ie Sheriff shall irn day thereof the names of m by him from litions, together les of the wit- imber, quantity Ihereunder, and )fthe property Ih, and cannot [gned out of his same not being person for him, ;les of property VII. 14 & 15 Yict. LAW sxLATiKa TO BEPLETiir, (o. w.) Cap. 64, 1851. VII. And be it enacted, That the Plaintiff Jj.f^^fljS"*^ and Defendant to any such action or suit shall action. declare, avow, reply, rejoin and otherwise plead to issue, and have and take all subsequent proceedings tp trial and judgment within the same time, as in other personal actions, and in case of default or neglect so to do, shall be liable to the like judgment of discon- tinuance, nonpros., or non-suit, as in other personal actions. VIII. And be it enacted. That where the Declaration to b original taking of the goods, chattels, or other ™*^«^o »"^* *•*« personal property, is not complained of, but the action is founded on a wrongful detention thereof, the declara- tion shall conform to the writ, and may be the same as in an action of detinue, and where the action is founded upon a wrongful taking and detention of the property aforesaid, it shall not be necessary for the Plaintiff to state in his declaration a place certain within the city, town, tovniship or village as that where the property was taken ; provided always, p^^i^^. jf t^e that if the Defendant, in any such action last defendant avows aforesaid, justifies or avows the right to take or *"*i"^*''^®^* distrain any such goods, chattels, or other property aforesaid, in or upon any place or premises, in respect of which the same would be liable to forfeiture, distress for rent, damage, feasant custom, rate or duty, by reason of any law, usage or custom now existing and in force, such Defendant shall state in such plea of justification or avowry a place certain within the City, Town, Township or Village within the County, as that where such pro- perty was so distrained or taken. IX. And be it enacted. That the Defendant shall be entitled to the same pleas in abatement or bar as heretofore, and may plead as many mat- ters in defence as he shall think necessary, and which would by law constitute a legal defence, if such action were an action of trespass, when the taking be complained of, or were an action of detinue when the detention only be complain- ed of. X. And be it enacted. That the property to be replevied, or any part thereof, be secured or con- cealed in any dwelling house or other building or inclosure of the Defendant, or of any other person holding the same for him, and if the Sheriff shall have publicly demanded from the owner and occupant of the premises deliverance thereof, and if the same be not delivered to him within twenty-four hours after such demand made, he may or shall, if necessary, break open such house, building or enclosure for the purpose of replevying such property or any part thereof, and shall make replevin according to the Writ aforesaid, and that if the property to be replevied or any part 481 thereof b2 What pleas and matlcrs of de- fence the defen- dant shall have. Sheriff may in certain cases break open any house, &c., in which the goods replevied ai-e. 14 & 16 Vict. 1N80LT1WT SEBTOBS' ACT, (c. w.) Cap. 116, 1861. thereof be concealed either about the person or the premises of the Defendant or any other person holdin*^ the same for him, and if the Sheriff shall have demanded from the Defendant, or such other person aforesaid, deliverance thereof, he shall and may, if necessary, search and examine the person and premises of the Defendant, or of such other person atbresaid, lor the purpose of replevying such property or any part thereof, and shall make replevin according to the Writ aibresaid. INSOLVENT DEBTORS' ACT, (C W.) CAP.CXVI. ASf ACT TO EXTEND THE PROVISIONS OP THE INSOLVENT DEBTORS' ACT. ANP TO AFPORD RELIEF TO A CERTAIN DESCRIPTION OF PERSONS THEREIIC NAMED, (C.W.) [Assented to, 30M August, 1851,] Ftaomble. WHEREAS there are many instances of Traders who did, while the Bankrupt Act was in force in this Province, at the request of a number of their CreditorH expressed by their coming under the Assign- ments hereinafter mentioned, execute Assignments of aH their property for the benefit of their Creditors, or of such as might choose to come into such Assignments, for the purpose of avoid" ing the expense and delay attending procoedinga in Bank- ruptcy, thereby, at such especial instance of the said Creditors, foregoing the advantage of the said Bankrupt Act ; and in some instances it has happened that, notwithstanding such complete yielding up of all the property of such Traders, some of their Creditors have afterwards declined becoming parties to such Assignments, without fraud, or gross or culpable negligence on the part of such Traders ; and whereas such parties are pre- cluded from availing themselves of the benefit of the Act of eighth Victoria, chapter forty-eight, lor the relief of Insolvent Debtors : Be it therefore enacted, &c., That all such Traders coming within the description above, in the preamble to this Act set forth, shall be en- titled to avail themselves of the benefit of the Act of this Province, passed in the eighth year of the Reign of Her Majesty Queen Victoria, and intituled. An Act for tlie relief of Insolvent Debtors in Upper Canada, and for othet purposes therein mentionedy on their taking the steps and pro* ceedings therein set forth for obtaining their discharge. f thpPinai ^'* ^^^ ^^ '^ enacted. That, as to such persons, onierinsuch the Order called the Final Order, in the said last mentioned Act, shall, in addition to its effect as 482 mentioned Such Traders as arc mentioned in the Proamblo, to have the benefit of the Act 8 Vict, cap. 48. 12 Vict. 8EIZUUB AM) 8ALB OF BUABSB ACT, Cap. 23, I&IO. mentioned in the fourth section of the said Ace8. any parent, guardian, or other person having the care or charge of any Minor, not under the age of fourteen years, Mrith the consent of such Minor, to put and oind the same as an Apprentice by written Indenture, to any Master Mechanic, Farmer, or other person carrying on any trade or calling for any term not to extend beyond the minority of such Apprentice. Power of the ^'* ^^^ ^^ ^* enacted, That in any City or In- Ma^r or Chief corporatcd Town, it shall and may be lawful for bina(Siln9,Ac, the Mayor, Recorder, or Police Magistrate, and in 18 apprentices. ^^y Couuty or Uuiou of Counties, it shall and may be lawful for the Chairman of and at any Court of General Quarter Sessions of the Peace, to put and bind as aforesaid, to any Master Mechanic, Farmer, or other person as aforesaid, with the consent of such person, and with the consent of the Minor, any Minor who may be an orphan, or who may be deserted by his or her parents or guardian, or whose parents or guardian may for the time be committed to any common gaol or house of cor> rection, or any Minor who may be dependant upon any public charity for support ; and such Apprentice and the Meister of such Apprentice shall severally be held in the same manner as if such Apprentice had been bound by his or her parent. 48S II! 14 & 15 Vict. APPEBNTIOES, ETC., ACT, (o. w.) Cap. 11, 1851. BS AND MmOSS. If tho master die, apprentice to be transferred to hi* successor in the businc88,&c., ap« prentices maybe transferred. Dutyofappren* tices. III. And be it enacted, That if any Master of any such Apprentice shall die, such Apprentice shall by Act of Law, be transferred to the party, if any such there be, who shall continue the estab- lishment of the deceased Master, and such party shall hold such Apprentice upon the same terms as his Master if alive would have done, and any Master may legally transfer his Apprentice to any person competent to receive or take any Apprentice ; Provided always, that no Master shall Proviso. transfer his Apprentice except to another carrying on the same kind of business as himself. rV. And be it enacted, That every Master shall fowMSS provide suitable board, lodging and clothing, or tices. such equivalent therefor as may be mentioned in the Indenture, to his Apprentice during the term of his Apprenticeship, and shall also properly teach and instruct, or cause him to be taught and instructed in th^ art and mystery of his trade or calling. V. And be it enacted, That every Apprentice shall, during the term of his Apprenticeship, faith- fully serve his Master, shall obey all lawful and reasonable com- mands, and shall not absent himself from his service, day or night without his consent. VI. And be it enacted. That any Justice of the Justices, &c., Peace, Mayor, or Police Magistrate, shall have termine com- ^ power, on complaint made before him on oath, by SScra ^nst any Apprentice against his Master for any refusal theirmasters. of necessary provisions, misusage, cruelty or ill-treatment, after having duly summoned such Master to appear before him to answer to the complaint, to hear and determine such complaint, and on conviction to levy such fine on the offender not exceed- ing the sum of Five Pounds currency, as to such Justice, Mayor, or Police Magistrate may seem meet, and to issue distre^ to collect such fine and the necessary costs, and in default of satis- faction of such distress, to imprison the offender in any common gaol for a period not exceeding one month. And ^„^ i,y ^^^^ any of the said Justices, Mayor, or Police Magis- against tiieirap. trate shall have power also, on complaint of any p'"*'''*'*'®*'- Master against his Apprentice for refusal to obey his commands, for waste or damage to property, or for any other improper con- duct, to cause such Apprentice to come before him, and to hear and determine such complaint, and, on conviction, to order such Apprentice to be imprisoned in any common gaol or house of correction for any time not exceeding one month. VII. And be it enacted. That if any Apprentice Liability of ap- shall absent himself from his Master's service or gri^rtSS* employment before the time of his Apprenticeship ^^^^- 489 shall 14 & 15 Vict. APPBEarxicEB, etc., act, (o. w.) Cap. 11, 1851. llil:! I 11':,.' I H:;"^i\'i I ;■! iiUa shall have expired, he shall at any time thereafter, wherever he shall be found in this Province, be liable and may be compelled to serve his Master for so long a time as he shall have so absented himself from his service, unless he shall make satisfaction to his Master for the loss he shall have sustained by his absence from Howcompia?nts his scrvicc. And in case such Apprentice shall nMybei'eard,&c. refuse to serve as hereby required, or to make such satisfaction to his Master as aforesaid, or in case any such Apprentice refuse to obey the lawful commands of his Master, or in any other way or manner refuse to perform his duty to his Master, or neglect to perform the same, such Master, or his over- seer or agent, may complain on oath to any Justice of the Peace, Mayor, or Police Magistrate, either in the County, Cily or Town where such Master resides, or in any County, City or Town where such absconding Apprentice may be found ; and any such Justice, Mayor, or Police Magistrate may, by Warrant under his hand and seal, cause such Apprentice to be apprehended and brought before him, or some other Justice of the Peace, and upon hearing tho complaint, may determine what satisfaction shall be Committal of made by such Apprentice to his Master: And in apprentice in cer- case such Apprentice shall not give or make such tain cases, &c. satisfaction immediately, or if the satisfaction be of such a nature as not to allow of immediate performance, give sufficient surety to make such satisfaction, then in either case it shall be lawful for such Justice, Mayor, or Police Magistrate to commit such Apprentice to the common gaol, or House of Cor> rection of such County, City or Town, for any time not exceeding Proviso. three months : Provided alway, that such im- prisonment shall not release such Apprentice from his obligation to make up his lost time to his Master as aforesaid : And pro- Proviso, vided also, that where such Apprentice shall not have left this part of the Province called Upper Canada, or hav- ing leflb it, shall return thereto, such Master shall not proceed under this Act against such Apprentice, except within three years next after the expiration of the term for which such Apprentice shall have contracted to serve, or next after his return as the case may be. Penalty forem- VIII. And be it enacted, That any person who fiSng abSiid- ^^^^^ knowii'-'.y harbour or employ any absconding ingt^prentico. Apprentice, shall be liable to pay to the Master of such Apprentice the full value of such Apprentice's labour, which value shall be deemed and taken to be the value which such Master would have received from the labour and service of such Apprentice il he had continued faithfully in his service, which may be recovered in any Court having jurisdiction vvhare such Apprentice may be employed, or where his Master may reside. Indenture may IX. And be it cuacted, That if any Apprentice b« avoided if ap* g^all become Insane, or be convicted of any crime 490 ot U & 15 Vict. APFBE9TI0ES, ETC., ACT, (c. W.) Cap. 11, 1851. Act 13 AH Vict c. 5i, to apply. ofthe decree of felony, or be sentenced to the CJ^&S!^"" Provincial Penitentiary, or abscond, his Master may avoid the indenture of Apprenticeship, from the time he shall give notice in writing of his intention so to do to the other parties to the indenture, either by serving them with such notice or copy thereof, or by inserting the same in some newspaper of the County or City where such Master's establishment is situated, or in the Canada Gazette: Provided always, such Proviso. Master make such election within one month alter the happen- ing of the event upon which such right of election arises, but not otherwise. X. And be it enacted, That the provisions of a certain Act of the Parliament of this Province, passed in the Session thereof held in the thirteenth and four- teenth years of the reign of our Sovereign Lady Queen Victoria, intituled, An Act to extend the right of appeal in certain cases in Upper Canada, shall be held to extend and apply to all cases arising under this Act, or having any reference thereto. XI. And be it enacted, That nothing in this Act not to affec* Act shall be construed to deprive the Court of juri|diction of Quarter Sessions of primary jurisdiction over offences committed against this Act, but that whenever the said Court of Quarter Sessions shall be called upon to adjudicate in any matter or case arising under this Act, in addition to the powers now possessed by such Court, it shall have power and discretion in cases where it shall appear neces- Additional pow. sary forthe full and perfectadministration of justice, era given to tha» to annul any Apprenticeship, and compel the par- ties to the indenture of Apprenticeship to deliver the same up to be cancelled, and make such further order as the circumstances may require. XII. And be it enacted. That all fines imposed Application of and collected under this Act shall be paid to the fi"^** Chamberlain of the City, or to the Treasurer of the County or Town respectively, where the offence was committed. XIII. And be it enacted. That the word * Master,'' when it occurs in this Act, shall include any peison or number of persons, male or female, carrying on business singly or in copartnership; and the words importing the singular number or masculine gender, shall include several per- lons, and males as well as females, unless there be something in the subject inconsistent with such interpretation. XIV. And be it enacted, That any Minor over the age of sixteen yrars having no parent or legal guardian, or who shall not reside with his parent or guardian, who shall, afler the passing of this 49J Act, Interpretation Clause. Minors miiy bind theiL selves to labour in certain cases. ■ t 10 & 11 Vict. MABTSBS AKD SEBTANTS ACT, (O. T7.) Gap. 23, 1847. fIC iiif Act, enter into any engagement written or verbal to perform any service or work, shall be subject to the same legal provisions, and have the same benefit as if such Minor had been of legal age at the time of making such agreement. XV. And be it enacted, That this Act shall ex- tend only to Upper Canada. Exteptof Act. MASTERS AND SERVANTS, ETC., ACT, (C. W.) CAP. XXIII. AN ACT TO REGULATE THE DUTIES BETWEEN MASTER AND SERVANT, AND FOR OTHER PURPOSES THEREIN MENTIONED. CANADA WEST. Preamble. [Assented to, 2Sth Juhf, 1847.] WHEREAS no Statute is in force to regulate the duties between Masters and Servants or Labourers in that part of the Province formerly Upper Canada ; And whereas it would tend to promote the general in- tf^rests of society if such duties were better defined and under- stood : Be it therefore enacted, &c., That from and after the passing of this Act, all agreements or bargains between Masters and Servants or Labourers, for the performance of any duties or service of whatsoever nature, whether such agree- ment be verbal or written, shall upon due proof, be binding on Proviso ^^^^ party for the due fulfilment thereof; Provid- ed always, that such verbal agreement shall not exceed the term of one year. II. And be it enacted, That after any such en- fagement as contemplated by this Act shall have een entered into, any person having thereby en- gaged to perform any service or work, and who shall, during the period of such engagement, and after the commencement of such employment, refuse to go to work, or who shall (without permission or discharge) Isave the employ of the party whom he was engaged to serve, or who shall refuse to obey tLe lawful commands of the person under whose direction such services are to be performed or who shall neglect the service or injure the property of such employer, shall (upon the con^plaint of such employer, or any person in charge under him) be liable to punishment for evei^ such offence in the manner hereinafter provided. 492 III. Verbal as veil SB written agree- ments between Master and Servant to be binding. Pen»^^)ns leaving the employ of their master cr refusing to work, &c., after enter- ing into an en- gagement and contrary thereto, shall be liable to puniflluuent. 10 & 11 Vict. MA8TBB8 AND 8EBTANTS ACT, (O. W.) Cap. 23, 1847. 3 Act shall ex- Tavern keopers inducing servants to confederate for demanding high- er wages, to be also subject to fine, &c. Tavern keepers, &c., not to keep ilo HI. And be it enacted, That if any tavern keeper, boarding-house keeper or other person, shall induce or persuade any servants or labourers to confederate for demanding extravagant or high wages, and prevent their hiring, then upon due proof of the offence, such tavern keeper shall for- feit his license, in addition to any fine, and such boarding-house, keeper or other person shall be subject to fine or imprisonment, as hereinafter provided. IV. And be it enacted, That the wearing ap- parel of any servant or labourer shall not be kept by any tavern keeper or boarding-house keeper in pledge for any expenses incurred to any greater amount than one pound ten shillings currency, on the payment or tender of which sum, or of any lesser sum due, such wearing apparel shall be immediately given up, whatever be the amount due by such servant or labourer : Pro- vided always, that this shall not apply to other property of such servant or labourer. V. And be it enacted, That it shall be the duty of any one or more of Her Majesty's Justices of the Peace for that part of this Province which formerly constituted the Province of Upper Canada to receive the complaints upon oath of parties complaining of any contravention of the preceding provisions of this Act, and to cause all parties concerned to appear before him or them, and to hear and determine the same in a summary and expeditiousmanner,andto punish parties found guilty of theoffence alleged by fine or imprisonment, allowing such ^^^^^ costs as may be legal and just, and all fines im- posed under this Act shall be paid to the treasurer of the County, Town, or City in which such conviction may be had, to be applied to the general uses of such County, Town or City respectively : Provided alwpys, that no Justice or Justices shall Proviso. impose any fine exceeding five pounds, and no imprisonment shall exceed one month, nor be less than one day. wearingapparcl of servants in pledge for any amount above £110s. Proviso. Duty of Justices of the Peace on receiving com- plaints against parties for con- travention of this Act. Justices of the Peace may com- mit offenders to Jail, if the fine imposed be not paid. VI. And be it enacted, That in every case of a summary conviction under this Act where the sum which shall be forfeited, or which shall be im- posed as a penalty by the Justice, shall not be paid either immediately after the conviction or within such period as the Justices shall at the time of conviction appoint, it shall be lawful for the convicting Justice to commit the offender to the Common Jail of the County where such conviction shall have been had, there to be imprisoned for the time limited by such conviction. 403 Vll. Persons contra* veiling (lio pro- cctlinfi' WTtlonii mnv W ininiHhnd In any County in whicTi they linaU bo found. Jiiatic^s of the Peace niav like- wise hnav com- plaints l>y tho aorvants o^i^ainst the employer for miiinsaKO, non- payment of waKcs, &u., end may determine the same. 10 & 11 Vict. MASTEES AlTD BEUVAWTS ACT, (c. W.) Cap. 23, 1847. VII. And be it enacted, That any person of- fending against the preceding provisions of this Act may be prosecuted, convicted and punished in any County in which he shall be found, and the ofl'ence shall be deemed to ba committed in such County whether such County be or be not that in which his employer resides, or in which the contract of service was enter- ed into. VIII. And be it enacted, That it shall and may be lawful for any one or more such Justice:-, upon oath of any such servant or labourer against his master or employer concerning any misusage, re- fusal of necessary provcsions, cruelty, ill-treatment or non-payment of viges, to summon such master or employer to appear before him or them at a reasonable time to be stated in such summons and he or they or some other Justice or Justices shall, upon proof on oath, of the personal service of such summons, examine into the matter of such complaint, whether such master or employer shall appear or not, and upon due proof of the cause of complaint, he or they may discharge such servant or lobourer from his service or employment, and direct the payment to him of any wages found to be due, not exceeding the sum of ten poundS; and the said Justice or Justices shall and may make such order for payment of the said wages as to him or them shall seem just and rea- sonable with costs, and in case of non-payment of the same, to- gether with the costs, for the space of twenty-one days after such order shall have been made, it shall and may be lawful for such Justice or Justices to Lssue his or their warrant of distress for the levying of such wages, together with the costs of conviction and of buch distress. Personsconvicted IX. And be it enacted. That any person who of(^'"h*u be™ shall think himself aggrieved by any such convic- tofhe Gc^ierai'^*^ ^'^'^ ®^ ordcF for the payment of wages, or order Quarter Sessions, for the dismissal from servicc or em[)loyment, may appeal to the next Court of General Quarter Sessions, which shall be holden not less than twelve days after the day of such conviction or order for the County wherein the conviction or Proviso- Notice o^^^^' ^hall be had; Provided that such person and security to shall give to the complainant a notice in writing be given. ^^ ^^^^ appeal, and of the cause and matter thereof within three days after such conviction, and seven clear days at the least before such Sessions, and shall also, in the case of such conviction, either remain in custody until the Sessions, or enter into a recognizance, with two sufficient sureties before a Justice of the Peace, and intiie case of such order shall enter into alike recognizance conditioned personally to appear at the said Ses* 494 sions^ Court of Q.S. ein|M)'.v(!rou to h< at- aiiil (Ititer* mine on tiuoh appual. 12 Vict. MASTERS AND BEBTANT8, ETC., ACT, (O. E.) Cap. 55, 1849. sions, and to try such appeal and to abide the judgment of the Court thereupon, and to pu/ such costs as shall be by the Court awarded ; and upon such notice being given, and such recogniz- ance being entered into, the Justice betbro whom the same shall be entered into, shall liberate such person if in custody ; nnd tha Court nt such Sessions shall hear and determine the matter of the appeal, and shall make such order therein with or without costs to either party, as to the Court shall seem meet ; and in case of the dismissal of the appeal or the alfirmance of the conviction or order, shall order and adjudge the offender to be punished accord ing to the conviction ; or enforce the order for payment of wages or of dismissal iVom service, and to pay such costs as shall be awarded, and shall, if necessary, issue process for carrying such judgment into effect. X. And be it enacted. That the word " party," interpretation of whenever it occurs in this Act, shall include any <^*''"*'"'" """"^ person or persons, body or bodies politic or -corporate, and that all words importing the singular number or the masculine gender only jhall include several persons, matters or things of the same kind as well as one person, matter or thing, and females as well as males, unless there be something in the subject or context in- consistent with suci interpretation. XI. And be it enacted. That this Act shall apply to apply to ca- to that part of this Province which formerly con- n«i^ w^est on^y. stituted the Province of Upper Canada. MASTERS AND SERVANTS, &C., IN COUNTRY PARTS ACT, (C. E.) CAP. LV. ^M ACT TO AMEND AN ACT BBLATING TO MASTERS AND SESVANTS IN THB COUNT£Y PAATS Oif CANADA EAST. [Assented to, SOth May, 1849.] WHEREAS it is t pedient to repeal the Act p„^,,i^ hereinafter mentioned, and to make better provision for the decision of differences arising in the country parts of Lower Canada, between Masters and Mistresses, and their Apprentices, Servants, Journeyn'en or Labourers: Be it therefore enacted, &c., That the Act of ihe Legislature of Lower Canada, passed in the sixth year of the Reign of Actorc.E.aw. His late Majesty King William the Fourth, and * «• -i?. «P«»»ed. intituled, An Act for tlie more easy and less expensive decision of 495 differences 12 Vice. MASTEBB A5I) SEBTA3TTS, ETC., ACT, (o. E.) Cap. 55, 1840. differences between Masters and Mistresses and their Servants, Apprentices and Labourers, in the country parts of this Provincgj shall be and is hereby repealed. To wbat places this Act shall apply. II. And be it enacted, That this Act shall apply to those parts of Lower Canada which are not within the Cities of Quebec or Montreal, or the Town of Threo Rivers, and to no other part of this Province. Punishment of III. And be it enacted, That any and all Ap- fnTthei? m2"^" prentices or Servants of either sex, or Journeymen *•*"• *"• or Labourers bound by Act of Indenture or written contract or agreement, and all Servants of either sex, or Journey- men or Labourers verbally engaged before one or more wit- nesses for one month or for any longer or shorter period, who shall be guilty of ill behaviour, refractory conduct, or idleness, or of deserting from their ctrvice or duties, or of absenting them- selves by day or night without leave, from their said service, or from the house or residence of their employers, or who shall refuse or neglect to perform their just duties, or to obey the lawful commands which shall be given them by their Masters or Mistresses, or of any unlawful act that may affect the interest of their said Masters or Mistresses, or who shall be guilty of How enforced. dissipating their Masters' or Mistresses' property or effects, — shall be liable, upon conviction before any Justice of the Peace, to a penalty not exceeding Five Pounds currency, or to an imprisonment not exceeding thirty days, for each and every offence, or both. What wnrning shall be ^ivi'n, &c.. on cither side. IV. And be it enacted. That every Domestic Servant, Journeyman or Labourer, engaged for a fixed period by the month or for a longer space of time, and not by the piece or job, who shall intend to quit the service in which he or she shall be during that time engaged, shall give or cause to be given notice of such intention, at least one month before the expiration of such agreement ; and if any of the said persons shall quit the service without giving such notice, he or she shall be considered as having deserted from the said ser- vice, and be punished accordingly ; and every Master, Mistress or Employer, shall give to his or her Servants, Journeymen, or Labourers, like notice of his or her, intention no longer to keep or employ them after the expiration of their time of service ; Pro- vided always, that every Domestic Servant, Jour- neyman and Labourer, engaged for a time, may be discharged by his or her Master, Mistress or em- ployer, at or oefore the expiration of his or her without notice, upon full payment of the wages which he or she would have received for the full time of his or her service ; if the time shall be expired, the person so discharged , 496 . without Proviso : servants msiybediscliarged on paying wages for the time of warning. engagement. Punishment of servants desert- ing tlieir worlt. 12 Yiot. MASTBB8 A5D BXBTAITTS, XTO., ACT, (o. B.) Gap. 55, 1849. without n itioe shall be entitled to wages for the full time incladed between tlie day when such notice should have been given, and the day of his or her discharge as aforesaid. v. And be it enacted, That any MastM or Mis- Fen»ityA>rdia« tress who may discharge their Servant without SltfflfwmeSl paying their wages asaforesaid,shall incur apenalty of wages uafore- not exceedmg Five Pounds, and the Justice of the "^ ' Peace may allow the Servant such portion of the fine as he shall consider a reasonable compensation for the iivjury incurred by such Servant, and shall moreover condenm the said Master or Mistress to pay to the said Servant the amount of wages to which he may be entitled. VI. And be it enacted, That any and every Do- mestic Servant, Journeyman, or Labourer, engaged by the month or longer space of time, or by the piece or job, who shall desert or abandon the service or job for which he, she or they shall have been engaged, before the time agreed upon, shall for each and every offence be liable to a fine or penalty not exceeding Five Pounds currency, or to an impri- sonment not exceeding thirty days, or to both. VU. And be it enacted, That any and all persons Punishment or knowingly harbouring or concealing any Appren- Si!Bn"»wS**""* tice or Servant engaged by written act or agree- servants, ao. ment, who shall have abandoned the service of his or her Master - or Mistress, or instigating or engaging any Apprentice or Servant to abandon such service, or keeping such Servant in his or her service afler being informed of the fact, shall be liable to a fine or penalty not exceeding Five Pounds currency, or to an impri> sonment not exceedmg thirty days, or to both, for each and eveiy offence. VIU. And be it enacted. That all complaints Howcompi^t». founded upon contravention of any of the four next ^radin| see- < preceding Sections of this Act, may be heard and haSd'ScSer. - determined before any one Justice of the Peace, vaiaei. who may by Warrant or Summons require the attendance of the offender before him, and upon the offender being brought up under Warrant, or if summoned, upon proof of the service of such Summons, may either, in the absence or preisence of the offender, determine such complaint in a summary manner, on the oath of any one or more credible witness or witnesseii to be sworn before him, and may, if the offender be convicted, sentence such offender; to the penalty or imprisonment or both hereby imposed for the* offence, and may commit such offender to Gaol accordingly, and; levy such penalty by Warrant of distress and sale of the offend-^ er's goods and chattels ; Provided always, that the ftotIm. Warrant of distress shsdl not issue if sumcient security be offered' .497 or )■ II r 1-4 !■ to oompfadnto byMrvMU i«ili»tth«ir 12 Vict MAinia jjrp bmuyamib, vsq., act, (o. i.) Cap. 50, 18it. or the payment of tlie fine and ooftts within a perioci of fii" teen days. IX. And be it enacted, That any Apprentice^ Domestic Servant or Journeyman, bound or en> gaged as aforesaid, having any just cause or com* plaiut against his or her Master, Mistress or Em* plover, for any misusage, defect of sufficient wholesome provisions or ibod, or for cruelty or ill-treatment of any kind, may cause such Master or Mistress to be summoned and to appear before -one of the nearest Justices of the Peace to the residence of the jiarty complained against, to answer the complaint to be pre* terred agamst him, her or them, by such Apprentice, Domestic Pnntohiuentof Servant or Journeyman ; and any and every •offonden. Master or Mistress, convicted upon such com. plaint of any offence aforesaid, towards his, her or their Ap> prentice, Domestic Servant or Journeyman, shall upon each and tinued mis-conductor mis-usage, and of repeated violations of the ordinary and established duties of the parties towards each other, or of incapacity to perlorm the services tor which they are hired, any two Justices of the Peace may at a special sitting, ^ apon due proof of the facts, annul the contract or agreement whether written or verbal, by which such Master, Mistress or Employer, and such Apprentiec, Servant or Journeyman may b» boiind to each other. AppUntionof XI. And be it enacted. That all penalties im- pmaitiM. posed by this Act shall be paid to the Municipality having jurisdiction over the Parish or Township wherein the offence is committed, except as hereinbefore provided. limitettonof XII. And be it enacted. That every proseeih yraaecutions. jjon for any offcnce against the provisions of thif Act shall be commenced within three calc ndar months after the . offence has been committed, and not aftei. 408 Law 18 A 14 Viot jum MiraoTws ooBomny (e. w.) Oapi 86, I860. LAWBESPECTINGTHE OFFICE OP CORONBB, (C. W.) Pnamble. CAP. LVI. AN ACrr TO AMEND TUI LAW &B8PBGTIN0 THB OFPIOB OF OOBONBB. [AMentedto,2^thJuly,lB50.} WHEREAS the regulations for holding Coro- ner»' inquests ure insufficient, ana it is desirable that some remedy should be provided therefor: Be it therefore enacted, &ic., That from and after i^^hat the passing of this Act, no Inquest shall be holden onbTiiu^mto on the body of any deceased person by any Coroner »» neid. until it has been first made to appear to such Coroner, that thero is reason to believe that such deceased person came to his death vnder such circumstances of violence or unfair means, or culpa* bie or negligent conduct, either of himself or of others, as require investigation, and not through any mere accident or mischance : Provided always, that an inquest shall be holden on the body of any person who shall die ^'^"^'^^ vriale in confinement in any Penitentiary. n. And hmt enacted. That upon the death of Prooeedingiiin any prisoner or any lunatic confined in any Lunatic Sf^priwiS?* Asylum, it shall be the duty of the Warden, Gaoler, 2''pS7*'"?o"-A 9r ' c* • ^ I ^ i> n • nned in • lunatte Keeper or Supenntendent ol any Penitentiary, asylum. Gaol, Prison, House of Correction, Lock-up-house or Lunatic Asylum in which such prisoner or lunatic shall have died, immediately to ^ive notice of such death to some Coroner of the > County or City m which such death shall have taken place, and thereupon such Coroner shall proceed forthwith to hold an Inquest upon the body of such deceased prisoner or lunatic. III. And be it enacted, That if any person having Penalty on paw been duly summoned as a juror or witness to give toattmtdrSqIilSito evidence upon any Coroners^ Inquest, shall not, f^'iniulow^* afler being openly called three times, appear and ecffdrced. such juror, or appear and give evidence on serve as sucn juror, or appear and give evidence on such Inquest, every such Coroner shall be empowered to impose such fine upon any person so making default as he shall think fit. not exceeding twenty shillings ; and every such Coroner shall make ' out and sign a certificate., containing the name, residence, trade or calling of such person so making default, together with the 499 amount Ill KVii'lf f if 18 A 14 Vict. Liw BiBPiomro cosohib,' (c. w.) Cap. 56, 1850. amount of the fine imposed, and the cause of such fine, and shall transmit such certificate to the Clerk of the Peace in the County in which such defaulter shall reside, on or before the first day of the Quarter Sessions of the Peace then next ensuing for such last mentioned Conntv, and shall cause a copy of such certificate to be served upon the penon so fined, by leaving it at his residence, within a reasonable time after such Inquest ; and all fines and forfeitures so certified by such Coroner shall be estreated, levied and applied in like manner, and subject to the like powers, provisions and penalties in all respects as if they had been part of the fines imposed at such Quarter Sessions ! jv Provided always, that nothing herein contained shall be construed to affect any power now by law vested in any Coroner for compelling any person to appear and cive evidence before him on any Inquest or other pi^eeding, or for punishing any person for contempt of Court, in not so ap^ pearing and giving evidence or otherwise. IV. And be it enacted, That no Inquisition found SS^ wSSii upon or by any Coroners* Inquest, nor any judgment ins !nq»^i"Sa?* rccofdcd upou or by virtue of any such Inquisition, shall be ouashed, stayed or reserved for want oi the averment therein of any matter unnecessary to be proved, nor for the omission of any technical word or words of mere form or surplusage, and in all such cases and all others of technical defect, it shall be lawful for either of Hm Superior Courts of Common Law, or any Judee thereof, or any Jui^e o^ Assize or Gaol Delivery, if he shall think fit, upon the occasion of any such inquisition being called in question b^ore them or him, to order the same to be amended, and the same shall be amended accordingly. Coroner may ~ V. And be it enacted, That whenever upon the SSiSdpractl* - sunmioning or holding of any Coroners' Inquest, it tionertostteitd Shall appear to the Coroner that the deceased a any ques pefNgon was attended at his or her deatli, or during his or her l8«t lilniess by any legally qualified medical practitioner, it shall be lawful for the Coroner to issue his order in the form in the Schedule hereunto annexed., for the attendance of such practitioner as a witness at such iiquest ; and if it shall appear to the Coroner that the deceased person was not attended im- mediately at v^ before his or her death by any legally qualified medical practi loner, it shall be lawful for the Coroner to issue such order for the atte ndance of any legally qualified medical praciiitioner being at the time in actual practice in or near the plac*^ where tLe death haf happened ; and it shall be lawful for Ai i'broner, either in his order for the attendance of the medical wniress, or at any time between the issuing of such notice and tht iMrminatiou of the Inquest, to direct the performance d a MO pod A minority of tba JuiTmeninv roquire the Coronor to aum* men another medical praoti* tioner. 18 & 14 Vict. LAW BXBPiOTnra cobokiib, (o. w.) Cap. 66, 1860 post mortem examination, with or without an analysis of tho contents of the stomach or intestines, by the medical witness or witnesses who may be summoned to attend at any Inquest ; Provided that if any person shall state upon oath ^.^^ before the Coroner, that in his or her belief the death of the deceased individual was caused partly or entirely by the improper or negligent treatment of any medical prac- titioner or other person, such medical prcctitioner or other person shall not be allowed to assist at the post mortem examina- tion of the deceased. VI. And be it enacted, That whenever it shall appear to the majority of the Jurymen sitting at any Coroner's Inquest, that the cause of death has not been satisfactorily explained by the evidence of the medical practitioner or other witness or witnesses who may be examined in the first instance, such majority of the Jurymen are hereby authorized and empowered to name to the Coroner, in writing, anv other legally qualified medical practitioner or practitioners, and to require the Coroner to issue his order in the form hereinbefore mentioned, for the at- tendance of such last mentioned medical practitioner or prac- titioners, as a witness or witnesses, and for the performance of such post mortem examination, as in the fifth section of this Act mentioned, whether such examination has been before performed or not ; and if the Coroner, having been so required, penai^ on coro- shall refuse to v*sue such order, he shall be deemed ne'romsing. guilty of a niii*Jemeanor, and shall be punishable by a fine not exceedini, Ten Pounds, or by imprisonment not exceeding one month, ^41. tka discretion of the Court trying such offence, or by both, as to the said Court shall seem fit. VII. And be it enacted. That where any legally ^^Howanoe to qualified medical practitioner has attended upon such medical a Coconer's Inquest, in obedience to any such p"^*"*""®'"- order as aforesaid of the Coroner, the said practitioner shall receive for such attendance, if without a post mortem examina- tion. One Pound Five Shillings ; if with a. post mortem examina- tion, without an analysis of the contents of the stomach or intestines. Two Pounds Ten Shillings ; if with such analysis, Five Pounds, together with the sum of One Shilling per mile, for each mile he shall have to travel in going to and returning from such inquest, such travel to be proved by his own oath to the said Coroner, who is hereby authorised and empowered to administer the same ; and the coroner is hereby required and commanded to make his order on ^d^"o^ronS^. the Treasurer of the County in which such inquest ^^bom.*"*^ ^^ shall be holden, in favor of such medical practi- tioner or practitioners, for the payment of such fees or remune- 501 ration* 18 A 14 Yiot. LA^ BB6P|9onNa oorofbb, (c. w.) Cap. 66, 1850. may then have in the County Treasury. r^iuitTon VIII. And be it enacted, That where any order nilS^on^d for the attendance of any medical practitioner as fuiingto attend, aforesaid, shall have been personally served upon such practitioner, or where any such order not personally served shall have been received by any medical practitioner as afore- said, or left at his residence, in sufficient time for him to have obeyed such order, and in every case where mch medical prac- titioner has not obeyed such order, he shall for such neglect or disobedience forfeit the sum of Ten Pounds upon complaint made thereof by the Coroner or any two of the Jury holding such Inquest, before any two Justices of the Peace of the County where the Inquest was held, or the County whe<*e such medical practitioner resides ; and such two Justices are hereby required, upon such complaint, to proceed to the hearing and adjudication of the same ; and if such medical practitioner shall not shew to the said Justices a good and sufficient reason for not having obeyed such order, to enforce the said penalty by distress and sale of the offender*s goods as they are empowered to proceed by any Statute for the summary enforce* meut of any penalty or forfeiture. Hxt«nt or Aflt. 1^* And be it enacted, That this Act shall be in force in Upper Canada. How Kcovenble. SCHEDULE BEFERREO TO Ia SECTION V. Coroner's Inqtutt at ^ upon the body of , By virtue of this my order, as Coroner for » you are required to appear before me and the Jury, at , on the day of , at o*clock, to give evidence touching the cause of death of , (and then add when the witneis it required to make or assist at a post mortem examination) and make or assist in making a post mortem exsmination of the body, with (or without) an analysis, {as the case may be) and report thereon at the said Inquest. Signed, Coroner. 503 COUKTT IS & U Ykt. e&tjm ^otsn ner, (c. w.) Cap. 62, 189(1. COUNTY COURTS AMENDMENT ACT, (C.W.) Act shall be in CAP. LII. Hr ACT TO ALTBR AXD AMBTH) THE ACT KBOULATINO THE PRAOTIOB Of THE eOUNTT COURTS IN CANADA WEST. AND TO EXTEND THE 1DU8OI0TION THEKBOF. [Atsented to, 10th August, 1850.] Preamble JurlsdiotiOB of County Courts niiodSVioteU. WHEREAS it is expedient to alter and amend the Act regulating the practice of the several County Courts in Upper Canada, and to extend the juris- diction thereof: Be it tiierefore enacted, &c., That for and notwithstanding anything contained in the fifth section of the Act passed in the eighth year of the Keign of Her Majesty, intituled, An Act to amend, con- soHdale and reduce into one Act, the several Laws now in force, tstahlishing or regulating the Practice of District Courts in the teverai Districts of that part of this Province formerly Upper Canada, the said County Courts respectively shall hold plea of all causes or suits relating to debt covenant or contract, to the amount of fifty pounds ; and in cases of debt or 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 persunal chattels, where the dam.iges shall not exceed the sura of thirty pounds, and where the title to lund shall not be brought inquestion: Provided alwavs, that any plaintiff Proviso t superior having a cause of action within the jurdiction of i«wCourtsto the County Court, may institute and carry on such jurild^uo^tb action in either of Her Majestv's Superior Courts c««»nty court. of Common Law in Upper Canada, and proceed to judgment and execution therein, but such plaintiff or defendent, and all persons aud officers entituled to costs and fees ^^,50,4^ therein, shall only be allowed and recover the usual costs disbursements which would be allowable in case the said action had been instituted and carried on in the County Court ; any thing in the fifty-ninth section of the Act above cit- ed to the contrary notwithstanding : Provided that in order to designate the proceedings in any such £!^'^ ^Som^ action, as being one also cognizable by the Coun- endorsed 4c. ty Courts,all the papers and proceedings filed, issued or used in the said Superior Courts, shall be endorsed with the words "Inferior Jurisdction,'' in order to regulate the coasts, fees and disburse- ments therein, of all persons entitled to make or receive any charge therefor. 503 % 18 & 14 Vict. couwrr coubts act, (o. w.) Cap. 62, 1860. SKI., maybe issu- fld into any County in Canada West, fto. II. And be it enacted, That all writs of sum- may bewrved in mons sued out of, and all declarations or other CimiS'^? pleadings filed in any action or proceeding in any County Court, or notices required to be served in such action or proceedings, may be served in any County in Upper Canada, and the defendent shall appear and plead thereto within the periods respectively limited and required 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. ^"lilOTtt ^^'' ^^^ ^® ^* enacted, That writs of subpoBna and writs of execution against goods and chattels, lands and tenements, and also all process against the person when authorized by law, and all rules on the Sheriff ana other rules Judges' orders and proceedings may be 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 Ujpper Canada and served and ex- ecuted there, and all such writs, rules, orders and proceedings shall be of equal force and eflfect, and as binding as if the same had issued from the Court or by the Judge of th^ 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 judg- ment shall have been entered up or action brought. In what County ^^* And be it enacted, That all actions in the Mtionsmaybe Couuty Courts shall be brought either in the "* ' County in which the defendant or one or more of of them shall then reside, or in the County in which the debt was contracted or made payable, or the contract was made, in the option of the plantifif or plantifi!s ; and in default thereof, the whole proceedings may, on the application of the defentant or defendants, made at any time before plea pleaded, or any inter- locutory or other judgment signed, be set aside with costs. V. And be it enacted. That every Judge of a County Court in Upper Canada, in all cases in which the suit is brought or venue laid in his County, may grant summonses and make orders to compute in all suits depending in the Superior Courts of Common Law in Upper Canada, in the same manner and in the like cases as the Judges of the said Superior Courts sitting in Chambers may now do, whether the defendants in such suits reside within his County or not. VI. And be it enacted. That this Act shall come into force on the first day of January, one thou- sand eight hundred and fifly-onc and not before. 504 DiviBiox Judges of Coun- ty Courts may grant summonses and uake orders to compute in certain cases pending in Sup- erior Court. Conunenoement of Act. : 18 & 14 Yiot. sivisioir gotjbts act, (o. w.) Cap. 53, 1850. - , - ■ , , DIVISION COURTS CONSOLIDATION ACT, (C. W.) CAP. LIU. AN ACT TO AMEND AND CONSOLIDATE THE SEyEBAL ACTS NOW IN FOBCfB. BEGULATING THE PRACTICE OF DIVISION COURTS IN CANADA WEST, AND TO EXTEND THE JURISDICTION THEREOF. [Assented to, 10th August, 1850.} Preamble. WHEREAS it is expedient to consolidate and reduce into one Act the several laws now in force regulating the system and practice of certain Courts in Upper Canada established for the recovery of small r^ebts, and to make other provisions therefor: Be it therefore I nacted, &c., That the Act passed in the Session Actiandsviot. held in the fourth and fifth years of Her Majesty's ^ *' Reign, and intituled, An Act to repeal the laws now in force in that part of this Province formerly Upper Canada, for the recovery of Small Debts, and to make other provisions therefor,-^ and the Act passed in the eighth year of Her andsvictcs?, Migesty's Reign, and intituled, An Act to amend andiaviclis.^, an Act passed in the fourth and fifth years of the "p®*^*^* Reign of Her Majesty, intituled^ *An Act to repeal the laws now in force in that part of this Province formerly Upper Canada, for the recovery of Small Debts, and to make other provisions ther^or\ — and the Act passed in the twelfth year of the Reign of Her Majesty, intituled. An Act to authorize attachments against personal properly for sums of ten pounds and under in certain cases in Upper Canada, shall be and the same are hereby re- pealed, upon, from and after the day upon which this Act shall come into force. II. Provided always, and be it enacted. That Division Courtu, the several Division Courts now established and in £?' 'I?!^„^£*A\"« existence in each County of Upper Canada, and altered, the limits and extent of the same respectively, shall be and re- main as they are now, until altered as hereinafter mentioned : and provided also, that all proceedings had under any Act hereby repealed, shall remain good and valid, and all suits, actions or prodeedings commenced under any such Act, shall be continued and completed under this Act, as if commenced under the same. 505 m. 13 A 14 Yicfc. DIVISION oovBmi aot, (o. w.) Cap. 53, 1850. Mw f ■■ i 1 a \& JtoncSurtJSd?" ^^^' ^^^ ^" ** enacted, That the number of the time of holding Said Courts in each County or union of Gountiea^ them, how llxou. ^^j^jj ^^ ^^^ ^.j^^ y^^ j^^g ^j^^j^ jj^^.^^^ ^^^ ^^^^ ^^^^ twelve, and thac there shall be one Division Court held in each City and County Town, and that a Court shall be holden under this Act once in every two months in such Division, or oftener, in the discretion of the Judge thereof, and that it shall and may ) lawful for the Judge of the saidCour^ to afHx and appoint the times and the places within such Divisions when and at which such Courts shall be holden, and in like mannek from time to time to alter the same. JTustices of the Peace may alter Divisions, Ac. Divisions, &c., to be entered in a book to he l«?pt bytheClerltof the Poace. IV. And be it enacted. That it shall and may be lawful for the Justices of the Peace in each County now or hereafter to be erected in Upper Canada, in General Quarter Sessions assembled, to declare and appoint the number, limits and extent of every such Divisioo^ within their respective Counties, subject to the restrictions in this Act contained ; and such Justices may from time to time alter Praviw). ^^® number, limits and extent of such Divisions: Provided always, that a less number of Justices shall have no power to rescind or alter any Resolution or Order made by a greater number at any previous Session. y. And be it enacted. That the Divisions of each County so declaired and appointed, and the times and places of holding such Courts, and all alterations that may be from time to time made therein as aforesaid, shall be entered and recorded by the Cleric of the Peace, in a book to be by him kept for that purpose, and that it shall be his duty to transmit to the Governor of this Pro- vince, a copy of every such entry and record as soon as the same shall have been made. Justices of the ^^' And be it enacted, That the Justices so as- S?*^.*?."""*^'' sembled as aforesaid, shall be required to number the Divisions. ., • j t-v • • l • • ^ i. j the said Divisions, begining at number one ; and that the Court to be held in each Division shall be known by the name and style of the — The First (or other, as the case may be) Division Court for the County of VII. And be it enacted, That the Judges of the County Courts of the several Counties in Upper Canada, shall presideover the Division Courts with in their respective Counties, and no such Judge, shall, during the continuance of his appointment, be capable of being elected or of sitting as a Member of the Legislature of this Province, or of practising as an Attorney, a Notary Public, or Solicitor or Counsel, in any of Her Majesty's Courts of Law or Equity. 506 VUL Judges of Coun ty Courts to preside. Proviso: when the Judge tthall not arrive in time to open tht C!ourt on any day. \ 18 & 14 Vict. Dmsxoir oovirrs act, (o. w.) Cap. 63, 1860. VIII. And be t enactpd, That in case of ilness j^^ in owe of or unavoidable aHence of the Judge of any such iiineHa', &c.. mcy County Court, it 8,aU be lawful for the Judge of J^^iV'qSafifl^' 5ny County Cour for any other County to hold •<'• the Court r»nd to at in the place of the Judge so absent and with the same powes, or for such Judge to appoint some Barris- ter duly admited as uch to act as his deputy ; and every person so appointed shall, d^ing the time for which he shall be so ap- pointed, have all the ^wers and privileges, and be subject tc all the duties vested in o\ imposed by this Act or by Law on the Judge by whom he shsA have been so appointed as Judge of the Division Court, and n(\ice of every such appointment shall be fortwith sent by the Juqfe or Deputy Judge to the Governor of this Province, and such notice shall specify the name, residence and profession of the D^^uty Judge, and the cause of his ap- pointment ; and no such abomtment shall be continued for more than one calendar montfWithout a renewal of the like notice, and it shall be lawful foi the Governor to annul any such appointment of which he shiU disapprove : Provid- ed always, that whenever fron ilness of the Judge or Deputy Judge, or from tuy casualty, it may happen that he shall not ai^ive in time, or shall not be able to open any CoiVt to be held under this Act on the day appointed i»r that purpose, it shall and may be lawful tor Clerk or deputy Gerk of such Court, after the hour of eight o'clock in the afternoooof such day, to adjourn by pro- clamation any Court which shali be appointed to be opened on that day to an earlier hour on thefullowing day, not being Sun- day or a legal holiday, to be by hin named, and so from day to day, adjourning over any Sunday v holiday, until the Judge or Deputy Judge shall arrive to open the same, or untill he shall receive other direction from such Julge or Deputy Judge. IX. And be it enacted. That for tvery Court cierk and BaiUff holden under the authority of this Act,there shall *^ ^ '■vpoinua be a Clerk and une or more Bailiffs ; and the Judge of thr County Court shall from time to time fppcint, and at his pleas ure remove, the Clerks and Bailiffs of th» Courts hulden by him Provided always that no person other ban a subject of He* Majesty shall be so appointed : And provided also, that no prac- tising Barrister, Attorney or Solicitor shal hereafter be appoint- ed to the Office of Clerk of any Division "^ilourt. X. And be it enacted. That it shall be lavful for the Clerk of any such Division Court ( with he ap- Sin? "SX to proval of the Judge thereof,) to appoint frory time g^®' '""""»• to time, a Deputy to act for him in the oi^ce of Clerk of the Court at any time when he shallSe prevented by ill- ness or other unavoidable acceidnt from acting in such office, and 507 to S %. I Oler' of ►- 18 & 14 Vict. DIVISION couBTS ACT, (c. w.) Cap. 68, 1860. to remove such Deputy at his pleasure ; and si^h Deputy, dui^ ing the time for which he shall be so appointe'i shall have the like powers and privileges, and be subject to tie like duties as if he were the Clerk of the Court for the time beng ; and the Clerk of the Court and his sureties shall be jointl' and severally re- sponsible for all the acts and omissions of hir Deputy. XI. And be it enacted, That the Clerk or bV oaths Deputy Clerk shall have full power and authority p of pro. jQ administer oaths and tak affidavits of service of process, notices or other /apers, and also of the execution of Cognovits,and all other oathrrequired or authorized by this Act, in all suits, actions and proeedings, commenced in his own or in any other Division Court n Upper Canada. Treasurer to re- ^^^* ^^^ ^^ ^^ cnacte* That the Treasurer of ceive all fees: his evory Couuty shall be the Receiver General of percentage. ^^^^ ^^ j^^ ^^^ several 3ivision Courts within his County ; and every such Treasurer siall be paid a per centage of four pounds, on every hundred ponds of the gross produce of the fees of the Courts of which hfis Receiver General; and Judge's saiaiy. every Judge shall bepaid by a certain salary the salary of a Judge bmg in no case more than Five Hundred Pounds, nor less than Tvo Hundred and Fifty Pounds ; and the Clerk and>:he Bailiffs of the Court, shall be paid by fees heeby allowed to them ; and the Governor in Council shall fix the remuneration to be paid to the .lidges, having due regard to the population and oher circumstances of the severed Counties and Divisions, and fle remuneration to be paid to the Judges may within the limitsaforesaid be increased, ordiminish- Proviso ®^ by the sail authority: Provided always, that the salaries jf the said Judges, as at present established, shall remain tie same, unless otherwise altered by law, or unless vacancies slall occur. XIII. Aid be it enacted, That the Clerk of each Diviflon Court shall issue all summonses and furnish ciTiBXOir ooubts iot, (o. w.) C&p, 58, 1890. and may proceed upon the report of fluoh referee in like manner as in the case mentioned in the next preceding section. XXI. And be it Enacted, That in all actions to piainttfTaottngM be hrouffht, as well as in all proceedings whatso- J)?JIf«}|ie,> iv"i- ever to be instituted or carried on by any Trea- dcncoofhiabe- «urer by virtue of this Act, proof of his acting in *"* ""' the execution of the ofHce of Treasurer shall be sufficient evi- dence of his heading such office, unless the contrary shall be shown in evidence by the defendants in such actions or the par- ties against whom such proceedings shall be instituted or carried on. . • XXII. And be it enacted. That the Treasurer of every County shall give security for such sum, and with so many sureties, and in such manner and form as the Governor of this Province shall see reason to di- rect, for the due performance of his office, and for the due pay- ment of all moneys received by him under any provision of this Act, and that every Clerk and Bailiff whose duty it shall be to receive moneys or who shall be appointed under this Act, shall give security for such sum, and with so many sureties as the Judge for the Division Court for which they act shall see reason to direct, by entering into a covenant under their hand and seal joint and several, according to the form given in the Schedule to this Act annexed marked 0, or in words to the same effect, which covenant shall be avail- able to, and may be sued upon, by any person suffering damages by the default, breach of duty, or misconduct of such Clerks and Bailiffs respectively, in any Court of competent jurisdiction in Upper Canada ; and every such Clerk or Bailiff cierksorBaiuflB appointed before this Act shall come into effect, heretofore ap- shall, immediately after it shall have come into p**"***^ effect, and before he shall perform any duty after that time, give security in the manner hereby required, but his so doing shall not in any wise impair or affect any bond or recognizance or co- venant theretofore entered into by him, as such Clerk or Bailiff, but the same shall remain in full force as against him and his sureties, as regards any thing done or omitted to be done by him in breach of the conditions thereof, before this Act shall come into effect: Provided always, that such co- pf^y^^. guretiea venants shall not be accepted until the sureties must be approved therein mentioned shall have been approved of **''" *** under the hand of such Judge, and declared sufficient for the sums for which they shall have respectively become bound to such covenants, and which said covenants, together with such approval, shall, before any such Clerk or Bailiff shall enter upon the duties of his office under this Act, be filed in the office of the Clerk of the Peace in the County in which the Division 513 Court Form of covenant 18 A 14 Viot. Diniioir oovbts act, (o. w.) Cap. 68, 1800. Court in respect of whioh such covenants were given is situ> ate, for which filing and granting a certificate thereof the said Clerk of the Peace shall be entitled to demand and re- ceive from such Clerk or Bailiff the sum of five shillings, and ifiuretiea dioor "o more ; and if any person who shall have be- become ta- come surcty in any such covenant shall die, be- •o von , c. come resident out of Upper Canada, or insolvent, such Clerk or Bailiff shall, within one month afler being notified by such Judge (whose duty it shall be to notify the same) of such death, departure or insolvency, give anew the like security, (^id in the same manner as hereinbefore provided, or forfeit his Pj^jg^ said office of Clerk or Bailiff nnder this Act : Pro- vided always, that nothing herein contained shall extend or be construed to extend to discharge or exonerate all or any of the parties to such former covenants from their liability on account of any matter or thing which shall have been dons or omitted before the renewal of the covenant as herein diree- Proviso. ted : And provided also, that a copy of such cove- nant, certified by the Clerk of the Peace, shall be received in all Courts as sufficient evidence of the due execution and of the con- tents thereof without any proof whatever ; And provided that Proviso. such sureties shall be freeholders and resident within the County in which the Court is held. XXIII. And be it enacted. That the Judge of every such Division Court shall have power, juris- diction and authority to hold plea of all claims and demands whatsoever for or against any person or persons bodies corporate or otherwise, of debt, account or breach of contract, or covenant, or money demand, whether payable in money or otherwise, where the amount or balance claimed shall not exceed the sum of twenty-five pounds, and in all torts to personal chattels, to and including the amount of ten pounds, and the Judge of the said Court shall hear and deter- mine the same in a summary way ; and every such Judge shall have power to make such orders, judgments and decrees thereupon as shall appear to him to be just and agreeable to equity and good As to certain ecu- conscicnce ; and that upon any contract for the pay- *«»ct8. ment of a sum certain in labor or in any kind of goods or commodities, or in any manner otherwise than in money, that is to say, upon any contract for the delivery of goods or com- modities, or the doing of work or labor for value received, or for or upon a past or executed consideration, it shall be lawful for the Judge, after the day has passed on which the goods or com- modities ought to have been delivered, or the labor or other things performed, to give judgment for the amount in money as if the contract had been so originally expressed : Provided always, that no action shall be brought Jurisdiction of Division Courts. In torta. ProriBo 514 or 18 A 14 Yiot. DiTiBioir ooubtb act, (o. w.) Cap. 68| 1850. or tried in any such Division Court for any gambling Debt, nor for any spirituous or malt liquors drunk in a tavern or ale-house nor for any cause involving the right or title to real estate, or involving any right to any custom or toll : Pro- vided also, that nothing contained in this Act shall be construed to constitute and create the said Division Courts, Courts of Record. Modoofcominen< olriK RuitH in Divi- sion Courti. On whom to be made. XXIV. And be it enacted, That the Plaintiff in any suit brought in any Division Court, shall enter a copy, and if necessary copies of his account or demand in writing, in detail, and the particulais of his de- mand in any case of tort or trepass, which shall br numbered according to the order in which it siiall be entced, and there- upon a summons, bearing the number of the account or demand oti the margin thereof, shall be issued which shall be in substance in the form of the Schedule to this Act am.oXed, ri-rkedB, according to the nature of the demand or claim for tc: or tres- pass ; and a copy of such summons, to which shall : 3r\:co of sum- be attached a copy of the Plaintiff's account, .- of '"°'»«' "°*'<'^ ''• the particulars of his demand, as the case may hi. and the notice in the said Schedule of such demand, or account, or claim for each tort or trespass, shall be served on the Defendant ten days at least before the day on which the Division Court shall be holden at which the cause shall be tried : and delivery of such copies of summons and account or demand to the Defendant, or delivery thereof to his wife or ser- vant, or any grown person being an inmate of his dwelling- house or usual place of abode, trading or dealing shall be deemed a good service of such summons, account _ ^^ or demand; Provided always, that personal ser- "*^ vice of such summons on tne de' tor shall be necessary in all cases where the amount or damaj^»:'r sued for exceed the sum of forty shillings. XXV. And be it enacted, That all suits brought ^, ^^^^ j,,^^^^^ under this Act shall be tried at the Court holden court any suit for the Division wherein the Defendant, or where ""^ ^ ^™"**'** there shall be more than one Defendanlj, wherein any one of the Defendants shall dwell or carry on his business at the time of entering the account or demand, or at the Court holden for the Division within which the debt was contracted, or the tort or trespass committed, unless otherwise specially ordered by the Judge. XXVI. And be it enacted, That it shall not be g^J^^fg^* lawful for any Plaintiff to divide any cause of but may abandon action into two or more suits, for the purpose of ""**** bringing the same within the jurisdiction of a Division Court, but 515 any Minora may sue for wages. No person exempt by privilege, 18 & 14 Yiefc. sxmtov oottbts act, (o. w.) Cap. 58, 1850. any Plaintiff, having a cause of action above Twenty-five Pounds m which a suit might be brought under this Act, if the same were not above that sum, whenever he shall claim or demand only the balance, or sum of Twenty-five Pounds, may Proviso: astoun. *»" proving his case, recover to that amount only : settled accoiuits. Provided always, that no unsettled account to a S eater amount than Fifty Pounds shall be sued for in any ivision Court ; and the judgment of the Court upon sttch suit shall be in full discharge of all demands in respect of such cause of action, and the entry of judgment shall be made accordingly. XXVn, And be it enacted, That it shall be lawful for any one under the age of twenty-one years to prosecute any suit in any division Court under this Act for any sum of money not exceeding Twenty-five Pounds which may be due to him or her for wages, in the same manner as if he or she were of full age. XXVIII. And be it enacted, That no privilege of any description whatsoever shall be allowed to any person to exempt him from suing and being sued in the said Division Courts upon any cause of action within the jurisdiction of the said Courts. Debts due by XXIX. And be it enacted, That where any i^non joinuy plaintiff shall have any debt or demand recoverable frSm^^T^ving under this Act, against two or more persons, part- bis recourse. ncrs in trade, or otherwise jointly answerable, but residing in different Divisions, or one or more of whom cannot be found, it shall be su£Scient if any one or more of such persons be served with the process as hereinbefore directed, and the judgment may be obtained, and execution issued against such person, notwithstanding others jointly liable may not have been served or sued, reserving always to the person against whom execution may issue, any right which he may have to de- mand contribution from any other person jointly liable with him; Proviso: as to Provided always. that whenever judgment is ob- putow^^!' tained against any person, being partner of a firm, and the Judge shall certify that the demand proved was strictly a partnership transaction, the Bailiff may seize and sell the property of such firm, as well as that of the Defendant or Defendants, who has or have been served, to satisfy such judg ment, together with all lawful costs and charges thereon. XXX. And be it enacted. That the Judge of the County Court or his Deputy, as aforesaid, shall be the sole Judge to determine all actions brought in the said Division Courts, in the summary manner authorized by this Act, and all matters and questions of fact relating thereto unless the amount claimed shall in cases of tort or trespass exceed (16 Two Judge to decide alone up to a cer- tain amoimt. 18 &> 14 Vict. DivisioK ooiTBis ACT, (o. w.) Gi^. 53, 1850. Jury allowed in cases over a certain amount. Two Pounds Ten Shillings, in other cases where the same shall exoed Five Pounds and where either of the parties shall require a jury to be summoned as hereafter mentioned. XXXI. And be it enacted, That in any suit in suits not ex- brought in any Division Court for any debt or SS'?e*cfhle''a£! demand not exceeding the sum of Five Pounds, Souf h^sjS- the Judge, in his discretion, may receive the affi- diction. davit oi any party or witness in the said suit, resident without the jurisdiction of the Judge of such Court, as testimony in the oause, if such affidavit shall be made and sworn to before a Judge of a Division Court, or a Commissioner for taking affida- vits in any of the Superior Courts in Upper Canada : Provided that the Judge, in his discretion, before he shall be Proviso. required to pronounce judgment, may require any such witness, or any party in a cause, to answer any interrogatories that may be filed in the said cause, which answers may in like manner be sworn to before any Judge or Commissioner. XXXII. And be it enacted. That in all actions of tort or trespass, where the sum of money sought to be recovered shall exceed Two Pounds Ten Shillings, and in all other cases where such sum shall exceed Five Pounds, it shall be lawful for the plaintiff or defendant to require a Jury to be summoned to try the said action, and in any such case a Jury shall be summoned according to the pro- visions hereinafter contained to try such action : Pro- p^ytg^ . ^^^^^^ vided always, that if the plaintiff require a Jury tobegiventotiie to be summoned, he shall give notice in writing to ^^^^' the Clerk of the Court at the time when he shall enter his account, demand or claim as aforesaid, and if the defendant shall require a Jury to be summoned, he shall give to the said Clerk, or leave at the office of the said Clerk, the like notice in writing within five days after the day of service of the summons on the said defendant. XXXIII. And be it enacted, That every party an»f^iw>«M 1 • ^'/r J /• 1 1. • • • i L*^ Sum to be paid plaintiff or defendant, requiring any jury to be on demanding a summoned, shall, at the time of giving the notice ^^^' hereby required, and before he shall be entitled to have such jury summoned, pay to the Clerk of the said Court such sum of money as is set down in the Schedule of Fees for the time being, for or towards the payment of the expenses of the said jury. XXXIV. And be it enacted. That the causes "judge's List" which arc to be heard by the Judge alone, shall and "Juy List" be set down for hearing in a separate list from the « ^ ^p • list of causes which are to be tried by a jury, which two lists shall be severally called "The Judge's List" and " The Jury List," and the causes shall be set down in such lists in the order 517 m 18 & 14 Yict. siYiBioK oouBTB ACT, (o. IT.) Cap. 53, 1860. in which they were entered in the first instance with the Clerk of the Division Court ; and " The Jury List " shall be first disposed of, and then " The Judge's List ;" except when the Judge shall see sufficient cause for proceeding difierently. Who shall be XXXV. And be it enacted, That all male persons juTOTsatDivision being subjccts of Her Majesty by birth or natural- ization above the age of twenty-one years, and not above the age of sixty years assessed upon the Collector's What Jurors ^^^^ ^^^ resident in the several divisions respect- shaii serve for ively, shall be jurors for the Division Courts in eao Division. ^^^^ Divisions, and the jurors to be summoned to serve at any Division Court shall be taken from the Collector's Rolls of the preceding year, for the Townships and places wholly or partly within the Division, and shall be summoned in rotation beginning with the first of such persons on such Roll ; and if there be more than one such Township or place within the Division beginning with the Roll for that within which the Court is held, and then proceeding to that one of the other Rolls which shall contain the greatest number of such persons, names, and so on until all the Rolls be gone through ; after which, if necessary, they may be again gone through wholly or partly in Collectors to the Same order, and so on to toties quoties ; and for ft™»sh Clerks ^^ the purposes of this section, it shall be the duty of sons iiab!e°to ' the Collector for each place wholly or partly with- '®^®* in any division, to furnish the Clerk of the Division Court thereof with correct lists of the names of all persons liable to serve as jurors at such Court in the order in which they stand Mode of summon- upou the RoUs, and the Clerk of each Division ing Jurors. Court shall causo not less than fifteen of the persons liable to serve as aforesaid to be summoned at each Session of the Court, (giving them at least three days notice,) to attend the Court at the time and place to be mentioned in the summons serving such notice personally, or leaving it with a Proviso : as to growu-up person at the residence of the juror ; Pro- right of challenge, yidcd always, that either of the parties to any such cause shall be entitled to his lawful challenge against any of the said jury in like manner as he would in any other Court ; and any juryman who, after being duly summoned for that purpose as aforesaid, shall wilfully neglect or refuse to attend the Court in obedience to such summons shall be liable to a fine not ex- ceeding twenty shillings, to be set on him by the Judge, which fine shall be levied and collected with costs. How enforced. ^^ ^^j^^^. ^^^^ ^^^ hereinafter directed to be levied and collected, and shall form part of the general fee fund ; and such fine may be levied by the '-ame process as any debt or Proviso: such judgment recovered in the said Court: Provided 518 always. Penalty on Jurors summoii' ed and not attending, 18 & 14 Vict. DiviBioif oomtTS act, (o. w.) Cap. 63, I860. dways, that service as juror at any Division Court service not to ,,,«'\ . 1. /. •' . . exempt from shall not exempt such juror from serving as juror service at certain in any of the Superior Courts of civil or criminal ^°"^*' jurisdiction or in any County Court, under any law now in force or to be passed during this present Session of Parliament res- pecting jurors. XXXVI. And be it enacted. That each juror shall receive from the Clerk of the Division Court, out of the moneys to be deposited with him for that purpose, the sum of sixpence, for every cause in which such Juror shall be sworn. Payment of Jurors. Five Jurors to be sworn. uiianuuous. Case where the jury cannot a^jree, provided for. XXXVII. And be it enacted, That from time to time, as occasion shall require, five Jurors shall be empannelled and sworn to do justice between the parties whose cause they shall be required to try, according to the best of their skill and ability, and to give a true verdict according to the evidence, and each cause shall be decided by verdict must b« the unanimous verdict of any such Jury, and no other finding shall be received. XXXVIII. And be it enacted, That whenever the Judge holding any Division Court shall be satisfied that a Jury sworn in any cause before him cannot agree upon their verdict after having been out a reasonable time, he may discharge them, and shall then adjourn the cause until the next Court and order the Clerk to summon a new Jury for the next sitting of the Court to be held in that Division, unless the parties shall have consented that the Judge may render judgment on the evidence already taken before him, in which case he is hereby authorized to give judgment ac- cordingly. XXXIX. And be it enacted, That every decision of the Judge, in any case heard before him, shall be openly pronounced in Court as soon as may be after the hearing thereof, save and except that in Exception. any case where the Judge may not be prepared to pronounce a decision instanter, he may postpone judgment and name a subsequent day and hour for the delivery thereof at the Clerk's Office in writing ; and at such a day and hour it shall be lawful for the Clerk to read the judgment to the parties or their agents if present, and if not, then to enter the said judgment in their absence, and such judgment shall be as efiectual as if rendered in Court at the trial. XL. And be it enacted. That every summons No writ of and writ of execution issued by a Clerk of any execution to hava Division Court shall be entirely filled up, and shall '^y ^^^'^' iu 519 have How judgment shall be pro- nounced. 18 A 14 Yiet. sinsiOK ooubtb act, (c. w.) Cap. S3, 1850, Proceedings on day of appear- ance. (^Mite or action to be proved a» •t^ed. Defendant may plead set-off. have no blank either in. the date or otherwise at the time of its delivery to a Bailiff or any other person, to be executed. XLl. And be it enacted. That on the day named in the summons, the Plaintiff shall appear in the Division Court in person, or by some person in his behalf, to answer; and on answer being made in Court, the Judge shall pr seed in a summary way to try the cause and give judgment without further pleading or formal joinder of issue. XLII. And be it enacted. That r n evidence shall be given by the Plaintiff or Defendant on the trial of any such cause as aforesaid, of any cause of action, claim or set-off, except such as shaB be stated and con- tained in the demand, claim, account or set-off, entered as herein- befinre directed. XLIII. And be it enacted, That any defendant may avail himself of the law of set-off and the Statute of Limitaticms, and of any other relief or discharge under any statute or law in Upper Canada ; and if the Defendant's demand exceed that of the Plaintiff, the Court may non-suit the Plaintiff; or if the Defendant's demand, after remitting any portion of it he may please, do not exceed Twenty-five Pounds, the Court may give judgment for the Defendant for the balance found Proviso : as to in his favor : Provided always, that no statutory jtetutorydefence. defence shall be admitted, unless notice thereof in writing and a copy of such debt or demand by way of set-off, shall have been delivered to the Plaintiff, or left at his usual place of abode, if vtrithin the Divisio»i, or if living without the Division, to the Clerk of the said Court, at least six days before Proviso. the trial or hearing : And provided also, that when- ever any judgment shall be given in any case where a set-off is set up, the judgment of the Court on such set-off, shall be a full Jadmnent on set ^^^charge, as well of the amount allowed to be offtobeadia- sot-off as the amount by which such elaim of the *'^'^' Defendant exceeded Twenty five pounds, and such judgment shall be so entered accordingly. XLIV. And be it enacted, That the Judge of the County Court shall have power from time to time to make general rules for regulating the practice and proceedings of the said Division Courts, and also to frame forms for every proceeding in the said Courts for which he shall think it necessary that a form be provided, and from time to time to alter any such form, and also to alter all or any of the forms Proviso : rules to givcu in the Schcdulc of this Act : Provided bo approved. always, that such rules and forms so made, framed or altered, shall not be brought into use until the same shall have been submitted to and approved by the Chief Justice and Judges 520 of Judge to make rales c^ practice, 18 & 1^ Vict. DiYisiON COURTS ACT, (c. w.) Cap. 63, 1860. of the Court of Queen':? Bench or Court of Common Pleas, for that part of this Province called Upper Canada, or any two of them : Provided always, that all rules and forms Yro^fim • as to already legally made, approved and in force shall, existing'ruiea. as far as applicable, remain in force, until it is otherwise ordered. XLV. And be it enacted. That if on the day proceedings if named in the summons the Defendant shall not dercndant shall appear as aforesaid, or sufficiently excuse his ™*^«' •^®'^'^'- absence, or shall neglect to answer, the Judge, on proof of due service of the summons and copy of the Plaintiff's account, claim or demand, may proceed to the hearing or trial of the cause on the part of the Plaintiff only, and the order, verdict or judgment thereupon which shall be given, made or rendered after hearing evidence to be adduced on the part of the Plaintiff, shall be final and absolute, and as valid as if both parties had attended ; and in case of the personal service of the summons, and detailed particulars of the Plaintiff's claim, except in actions of tort or traspass, the Judge may, in his discretion, give judgment with- out further proof: Provided always, that the p^^^^^ Judge may make any order for granting any time to the Plaintiff or Defendant to proceed in the prosecution or defence of the suit. XLVI. And be it enacted. That it shall be law- '^^^Z^liZ ful for the Defendant in any action brought under Court. the provisions of this Act, at any time not less than six days be- fore the day appointed for the trial thereof, to pay into Court such sum of money as he shall think a full satisfaction for the demand of the Plaintiff, together with the costs incurred by the Plaintiff up to the time of such payment ; and notice of such payment shall be forthwith communicated by the Clerk of the said Court to the Plaintiff by post, ( on receiving the necessary postage,) or by sending the same to his usual place of abode or business, and the sum of money shall be paid to the Plaintiff, and all pro- ceedings in the said action shall be stayed, unless how the money the Plaintiff shall, within three days after the re- shall bo dealt ceipt of notice of such payment, signify to the Clerk of said Court his intention to proceed for the remainder of the demand claimed, and in such case the action shall proceed as if it had been brought originally for such remainder only : Provided always, that if the Plaintiff shall recover proyi<^. if the no further sum in the action than such sum as plaintiff' recover shall have been paid into Court, under the provi- "» b'"''^*'"' ^*™- sion hereinbefore contained, the Plaintiff shall pay to the Defendant all costs, charges and expenses incurred by him in the said action after such payment as aforesaid, and such costs, charges and expenses shall be settled by the Court, and 521 shall B 1 r.l. >. i- FalM Rwearing to be perjury. Parties may ob- tain auhpattas for witnesses. 13 & 14 Vict, DiTisioir ooubts act, (o. w.^ Cap. 68, 1860. shall be recovered by the Defendant by such ways and means as any sum ordered to be paid by the Court can be recovered. XLVII. And be it enacted, That ©very person who in any examination, shall wilfully or corrupt- ly give false evidence, or shall wilfully swear (or affirm, when by law affirmation is allowed,) feltily in any mat- ter where an oath, affirmation, or affidavit in writing i«! r*,!|a i °d and allowed in this Act, shall be liable to iim j^GuaXtiQn of wiu'ul and corrupt perjury. XLVIII. And be it enacted. That either of the parties to the suit may obtain from the Cler'; of any Division Court a summons reqairiug the at- tendance of a witness residing within the County or seivi^d with the subpoena therein with or without a clause requh. ig the pro- duction of books, papers and writings in his pt-ssession or cen- tre 1 ; and in any ^mch summons any number of names may be Bywho.Hio !h inserted, and service of a copy of any such sum- '^'"^'^- rnons by any literate person shall be as valid and Proof of ses vice, eff'cctual as if the same had been served by a Bailiff of the Court in which the suit is pending, and proof of the due service thereof, together with the tender of payment of expenses, may be received oy several Judges of the said Courts by written affidavits sworn before any Judge of a Division Court or before any person authorised by law to take affidavits in the Superior Courts in Upper Canada : and every person on whom any such copy of summons shall have been served, either personally or at his or her usual place of abode, and to whom at the same time a tender of payment of his or her expenses shall have been made on such scale of allowance as has been heretofore or shall from time to time be settled by the Judge, and approved of by the Judges of the Court of Queen's Bench or Court of Common Pleas as aforesaid, and who shall refuse or neglect without sufficient cause to appear or to produce any books, papers or writings re- quired by such summons to be produced, and also every person Orreflisingto be in Court Called upou to givc cvidencc, who shall ■worn, &e. rcfusc to be swom or affirm where affirmation is by law allowed and give evidence, shall forfeit and pay such fine not exceeding two pounds, as the Judge shall set on him or her, and shall moreover be liable to imprisonment by verbal or written order of such Judge for any time not exceeding ten days ; How levied, &o. and such fine shall be levied and collected with costs in the same manner as fines imposed on jourymen for non-attendance, and the whole or any part of such fine, in the discretion of the Judge, after deducting the costs shall be appli- cable towards indemnifying the party injured by such refusal or neglect, and the remainder thereof shall form part of the General 522 Fee Penalty on wit< nesses not attending. 18 & 14 Vict. DiYisioK OOXJBTB ACT, (o. w.) Gap. 58, 1850. Clerk to enter aU proceedings. Pee Fund before mentioned; Provided always, that either party may obtain from either of the nes9C8°ou"of '^ Superior Courts of Common Law for Upper Can- feS''""" "' ada, a subpoBna requiring the attendance of a wit- ness residing or served with such subpcBna in any part of Upper Canada, at the Division Court, and at the time mentioned in such subpoena, which such witness shall obey, provided the allowance for his expenses shall, at the time of service, be tendered to him according to the scale settled in the said Superior Courts. XLIX. And be it enacted, That the Clerk of each Division Court shall cause a note of all sum- monses, and of all orders, and of all judgments and executions and returns thereto, to be fairly entered from time to time in a book which shall be kept in his office ; and the Clerk shall sign his name on every page of such book ; and such entries in the said book so signed, or a copy thereof purporting to be signed and certified as a true copy by such Clerk, shall at all times be admitted in all Courts and places whatsoever as evidence of such entry or entries, and of the proceedings referred to by such entry qr entries, without any further proof. L. And be it enacted, That the Judge, may JSlf " YeS* make orders concerning the time or times, and the ant. proportions in which any sum and costs recovered by judgment of the said Court shall be paid, and at the request of the party entitled to the same, may order such sums to be paid into the Court : Provided always, that in any such order for Proviso. time, reference shall be had to the day on which the summons was served on the defendant, and issuing of execution shall not be postponed without the consent of the party entitled to the same for a longer period than fifty days from the service of tb^ summons. LI. And be it enacted. That if there be cross- judgments between the parties, execution shall be taken out by the party only who shall have obtain- ed judgment for the larger sum, and for so much only as shall re- main after deducting the smaller sum, and satisfaction for the re- mainder shall be entered as well as satisfaction on the judgment for the smaller sum ; and if both sums shall be equal, satisfaction shall be entered upon both judgments. LII. And be it enacted, That in any suit SenSaDi^Mon brought in any Court for the recovery of any sum court. awarded by any judgment in a Division Court held under this Act, no costs shall be recovei*able without order of the Judge, on sufficient cause being shewn. LIII. And be it enacted, That whenever the ^XSnd"'' Judge of any Division Court shall make an order enforced. 533 Proceedingswhen there are cross- judgments. 18 & 14 Viot. DiTiBioK oouBTs ACT, (o. w.) Cap. 58, 1860. for the payment of money, it shall be lawful for the party in whose favor such order shall be made, in case of default or flail- ure of payment thereof at the times and in the manner thereby directed, to sue out execution against the goods and chattels of the party against whom such order shall be made ; and there- upon the Clerk of the Court, at the request of the pai'ty prose- cuting such order for the payment of money, shall isiiue under the seal of the Court a precept in the nature oi fieri facias to one of the Bailiffs of the Court, who by virtue of such precept shall levy by distress and sale of the goods and chattels of such party, being within the County within which the said Court was holden, such sum of money and costs (together with interest thereon, from the date of the entry of the judgment) as shall be so order- ed and past due, and shall pay the same over to the said Clerk. The Bailiff or LIV. And be it enacted, That it shall and may SSSfSnof '" be lawful for any Bailiff or Clerk of the said *«*>*• Courts to accept and take a confession or acknow- ledgment of debt from any debtor or debtors desirous of execu- ting the same before any suit commenced for the claim or demand, or from the defendant in any suit hereafter to be brought in any Division Court who may be desirous of making the same, and such confession or acknowledgment shall be in writing and witnessed by the Bailiff or Clerk at the time of the taking thereof; and upon the production of such confession or acknowledgment to the Judge, and its being proved by the oath Judgmontmaybe of the said Bailiff or Clerk, judgment may be entered thereon, entered thcrcon ; and such oath or affidavit shall state that the party making it has not received and is not to receive anything from the plaintiff or defendant, or any other person, except his lawful fees, for taking sucn acknowledgment, and that he has no interest in the demand sought to be recov- ered. Execution may LV. And be it enacted, That if any person ^untvwhan^the agaiust whom a judgment shall or may have been Smomito'sulh entered up in any T^ivision Court in any County other County. in Upper Canada, sliall remove to another County therein without satisfying the said judgment, it shall be lawful for the Judge of the Division Court of the County to which the said party has removed to order an execution for the debt and costs, for which judgment has been rendered in another County against such party, to issue a2:ainst such party, upon the produc- tion of a copy of such judgment duly certified by the Judge of the County for which the judgment has been entered : Provided Proviso: if party alwavs, that if the party against whom such p^ the judgment exccution sliall be awarded, shall, before an actual and costs. ^^j^ ^^ ^.j^^ goods and chattels, pay or cause to be paid or tendered unto the Clerk or Bailiff of the Division Court 624 out 18 & 14 Yiot. DiYisiov oovBTS ACT, (o. w.) Cap. 58, 1860. Execution against lands on return of nulla bona — out of which such execution has issued, such sum of money as aforesaid, or such part thereof as the said Plaintiti' shall agree to accept in full of his debt, together with the fees to be levied, the execution shall be superseded, and the goods shall be released and restored to the said party. LVI. And be it enacted, That every writ of Execution to be execution issued by the Clerk of nny Division JetuniaTifiwithin Court shall be dated on the day when it shall tJ>irty days, actually issue, and shall be returnable within thirty days from the date ther of. LVII. And whereas it is expedient that judg- ments exceeding ten pounds in the said Courts shall in certain cases affect lands, and that execu- tion should issue in certain cases against lands on judgments obtained in any Division Court, Be it enacted, That whenever judgment is rendered in favor of any Plaintiff or How obtained— Defendant in any Division Court under this or any former Act hereby repealed, and any execution therein From County issued shall or may have been returned nulla bona, Courts. it shall be lawful for such plaintiff or defendant to obtain a trans- cript of such judgment from the Clerk of such Court, under his hand and sealed with the seal of the said Court, which transcript shall set forth the proceedings in the cause, the date of issuing execution against the Defendant's or Plaintiff's goods and chat- tels, and the Bailiff's return oi nulla bona thereon, as to the whole or a part, and upon filing such transcript in the Office of the Clerk of the County Court in the County where such judgment shall have been obtained, or in the County wherein the Defend- ant's or Plaintiff's lands are situate, the same shall become and is hereby declared to be a judgment of the said Duty of aerk of County Court, and the said Clerk of the County county court. Court is hereby required to file the said transcript of Judgment on the day of the month on which he receives the same, and to enter a memorandum thereof in a book to be by him provided for that purpose, which memorandum shall contain the names of the Plaintiff and Defendant, the amount of the judgment, the amount remaining unsatisfied thereon, and the date of filing, for which services the said Clerk of the County Court shall be enti- tled to demand and receive from the person filing the same the sum of two shillings and sixpence, and no more ; and such book shall at all reasonable hours be accessible to any person desirous of examining the same, upon the payment to the said Clerk of six pence, and upon such filing and entry as aforesaid, the Plaintiff or Defendant shall, until the judgment is fully paid and satisfied, be entitled, to pursue the same remedy for the recovery of the same or the balance due thereon, as if the judgment had been, originally obtained from the County Court : 525 Provided 18 & 14 Vict. DiTiBiow 00UBT8 ACT, (c. w,) Cap. 58, 1860. ProviBo. Provided always, that no person shall be entitled to file a transcript of any such judgment in any County Court, unless the sum remaining unsatisfied on such judgment, and on the execution to be issued thereon, shall amount to the sum of ten pounds. jSSSentmay ^^111. And be it enacted, that it shall be lawful bo oi)tainod and for any party obtaining judgment in any Division against lands. Coui't exceeding ten pounds at any time after fourteen days from the day of giving judgment, to obtain a certificate of any such judgment from the Clerk of such Division Court, in the form used in the Superior Courts as near as circumstances will permit, which certificate shall on the request of the party obtaining the same be registered in the same manner, and on payment of the same fees to the Registrar as are paid upon certificates of the judgments of the Superior Courts, and on such registry shall bind lands to the same extent as thej would have been bound had the judgment been rendered in any of the Superior Courts. Penalty onBaiiiff , ^}^' ^nd be it enacted, That if any BailiflT nettiecting to shall ueglfict to rctum any writ oi execution wiVuy making'a withiu three days after the return day thereof, or taiae return. g}jg^]| rna^e ^ faigg retum thereto, the party having sued out such writ may maintain an action on the covenant aforesaid against such Bailiff and his sureties in any Court having competent jurisdiction in Upper Canada aforesaid, and shall recover therein the amount for which the execution issued, with interest from the date of the judgment upon which such execution was issued, or such less sum as in the discretion of the How enforced. Judge or Jury the Plaintiff under the circum- stances may be justly entitled to recover ; and if a judgment be obtained in such suit against the Bailiff and his sureties, execu- tion rhall immediately issue thereon ; any thing in this Act or in any other Act or law to the contrary notwithststanding ; and in case of the departure or removal from the limits of the County, of such Bailiff, the action may be commenced and carried on against his sureties alone, or against any one or more of them. At what time goods shall be sold after seizure in execution, &c. LX. And be it enacted. That no sale of any goods which shall be taken in execution shall be bad until after the end of eight days at least, next following the day on which such goods shall have been so taken, unless upon the request in writing, under the hand of the party whose goods shall have been taken; and the Bailiff afler taking goods and chattels into his custody by virtue of a writ of execu- tion, shall endorse thereon the date of the seizure ; and shall Notice of sale. immediately give public notice by advertisement signed by himself, and put up at three of the most public places , ,. . 53C „.. . in „.,^Kierson or persons in any County of Upper Canada, being indebted in any sum not exceeding twenty-five pounds, nor less than twenty shillings, for any debt or damages arising upon any contract, express or implied, or upon any judgment, siioU abscond from this Province, leaving personal property liable to seizure under execution for debt, in any County in Upper Canada, or shall attempt to remove his, her or their personal property of thfe description above mentioned, either out of Upper Canada, or from one County to another therein, or from Upper to Lower Canada, or shall keep conealed in any County of Upper Canada to avoid service of process, it shall and may be lawful for any creditor or creditors of such person or persons, his, her or their 527 servant In certain cases the Judge may order inimcdiata cxcuution. Proceedings in case of absconding debtors, &c. 18 ft 14 Vict. DiYiBioir oourtb act, (o. w.) Cap. 68, 1800. ( \ servant or agent, to make aplication to the Cic. ^ oi any Division Court of the County wherein the debtor or debtors were or was last domiciled, or where the debt was contracted, or to the Judge of the County Court therein, or to any Justice of the Peace in any Affldavitrcquircd. ^^^n^y "'' ^pper Canada, and upon making or producing an aifidavit or amrmation to the pur- port of tliat in the Scliedule to this Act annexed marked D, (which affidavit or affirmation the said CIcrk«, Judges and Justices of the Peace are respectively hereby authorized to administer,) and upon then and there filing the said affidavit or affirmation with such Clerk or Judge, or if taken before a Justice of the Peace, with such Justice of the Peace (whose duty it shall be to trans- mit the same forthwith to the Clerk of the Division Court, with- in whose Division the same was so made or taken, to be filed and kept among' the papers in the cause), it shall bo lawful for such Clerk, Judge or Justice of the Peace forthwith to issue a warrant rant toisnue. ""*^®'' ^'^ hand and seal, directed to the Bailifif of the Division Court, within which the same was issu- ed, or to any Constable of the County, commanding such Bailiff or Constable to attach, seize, take and safely keep all the personal es- tate and effects of the absconding, removing or concealed person or persons, of what nature and kind soever, liable to seizure un- der execution for debt within such County or a sufficient portion thereof, to secure the sum mentioned in the warrant, with the costs of the action and to return the same forthwith to the Division Court of the Division wherein such warrant was issued, upon receipt of which warrant the Bailiff or Constable to whom the same Duty of Bailiff or maybe directed, shall upon being paid his lawful Constabieonroce- f^gg foy levy, mileage and otherwise thereupon, in- ^ngsuc eluding the fees of appraisement, forthwith execute the same, and make a just and true inventory of all such person- al estate and effects, as he shall seize and take by virtue thereof, and such Bailiff or Constable shall within twenty-four hours the- reafter call to his aid two Freeholders, who shall first be sworn by such Bailiff or Constable, to appraise the said personal estate and effects so seized ; and such Bailiff or Constable shall forthwith return the said inventory which shall be attached to such apprai- sement to the Clerk of the Division Court of the Division within which such warrant was issued, and which warrant may be in the form of that in the Schedule to this Act annexed, marked £ : Provided always, that the said appraisers shall be entitled to recieve for each day they may be employed in carrying its enactments into effect, the sum of two shillings and six pence each, to be paid in the first instance by the plaintiff or plaintiffs and allowed in the costs of the cause : Provided always, Proviso: where that proceedings may be conducted to Judgment K^fdSSedTto *"** execution in any case commenced by attach- Judgement. 528 lUent Form of warrant. Proviso. Pees to appraiser. 18 & 14 Vict. DiTiBioir ooubtb act, (o. w.) Gap. 68, 1800. ment under the provisions of this section, in the Division Court of the Division within which the warrant of attach- ment shall issue ; and that when proceedings shall be commen- ced in any case before the issuing of an attachment under the provisions of this section, such proceedings may be continued to judgment and execution in the Division Court within which such proceedings may have been commenced ; and j t^,,,|,( the property seized upon any such attachment shall verty wiiod.'"^ be liable to seizure and sale under the uxecu- tion to be issued upon such judgment, or the proceeds thereof, in case such property shall have been sold as perish- p^^^j able, shall be applied in satisfaction oi such judg- artion°n Bed of. Plaintiff's books may bo evidence in certain cases. Revivor of suits a^inst the party dying. 18 ^ 14 Vict. D1TIBI0W COTJETS ACT, (o. w.) Cap. 53, 1850. to the same, by the order and at the discretion of the Judge of such Court to be enforced or*'cancelled, as the case may require. LXXI. And be itenacted,That any residue which may remain after satisfying such judgments with the costs thereupon, shall be delivered to the defend- ant, or to the Agent of the defendant, or to any person in whose custody the goods were found, — whereupon the responsibility of the Clerk, as respects such property, shall cease. LXXII. And be it enacted. That the judges of the said Courts upon proof of and being satisfied with the general correctness of the plaintiff's books, may recievethe same in evidence, and give judgment to the amount of five pounds in any cause within the said Courts except in tort or trespass, and that it shall be lawful for the judge of any such Division Court in his discretion to grant a new trial upon appli- cation of either party within fourteen days after the trial of any cause therein. LXXIII. And whereas it is desirable that judg- ments in the said Division Courts, and in the Courts of Requests for the trial of Small Causes in Upper Canada should be recovered by and against the personal reprsenta- tives of the parties thereto ; Be it therefore enacted, that in the event of the death of either or both of the parties to any such judgment, it shall and may be lawful for the party in whose favor such judgment may have been entered, or his personal representatives in case of his death, to revive such judgment against the other party or his personal representatives, in case of his death, and to issue Execution thereon as may be provided and established by the Judges of the said Courts respectively. ^<'***^ LXXIV. And whereas under the former Act re- lative to the court of Requests, various Clerks were appointed for Townships and other localities under the Commissioners ; And whereas when the Division Court Act was passed no provisions were therein contained for the delivery up of the books, papers, ard documents connected with the business and with the claims of suitors; And whereas it has been found inconvenient that such books, papers and documents should remain elsewhere than with the Clerks of the different Division Courts : Be it therefore enacted, Provisionastopa. '^^*' ^* ®^^'^ ^^^ ^^X ^® lawful for the Judge of pers in the hands the Couutv Court, by Writing under his hand, to of former Clerks . •' •' *? , of the Court of Fcquirc any person or persons m whose possession or Bequest. custody any such books, papers or documents shall or maybe, to deliver the same or all, or any, or either thereof, as he shall see fit, over to such Division Court Clerk as he shall name, and in the event of the same not being delivered in com- pliance with such order or requisition it shall and may be lawful 632 for 18 & 14 Vict. DiviiSTON 0OIIET8 ACT, (o. w.) Cap. 53, 1850. Punishment of any Bailiff or Offi. cer guilty of ox- tortiou. for Her said Majesty's Court of Queen's Bench, or Court of Com- mon Pleas, or for any Judge thereof in vacation to proceed against such person or persons in the like manner as provided for in any of the foregoing sections of this Act. t.^Py%A"^ ^? it enacted, That if any person ^^,^^,^^ „, shall wilfully msult the Judge or any Officer of any persons wiifuiiy Division Court, during his sitting or attendance in judge."*' *°^ Court, or shall wilfully interrupt the proceedings of such Court, it shall be lawful for any Bailiff or Officer of the Court, with or without the assistance of any other person, by or- der of the Judge, to take such offender into custody, and the Judge may impose upon any such offender a fine not exceeding the sum of five pounds, and in default of immediate payment thereof, it shall be lawful for the said Judge, by warrant under his hand and seal, to commit the offender to the Common Gaol of the County for any period not exceeding one calendar month, unless such fine and costs, with the expenses attending the commitment, be sooner paid. LXXVI. And be it enacted, That if any Bailiffor Officer of any Division Court acting under colour or pretence of the process of such Court, shall be guilty of extortion or misconduct, or shall not duly pay or account for any money levied or received by him under the authority of this Act, it shall be lawful for the Judge at any sitting of the Court, if the party aggrieved shall think fit to complain, to him in writing, to enquire into such matter in summary way, and for that purpose tosummon and enforcothe attendance of all neces- sary parties, and to make such oru. i- thereupon for the repay- ment of any money extorted, or for tlie due payment of any money so levied or received as aforesaid, and for the payment of any such damages and costs to the parties aggrieved as the Judge shall think just ; and in default of piiyment of any money so ordered to be paid by such Bailiff within the time specified for the payment thereof in such order, it shall be lawful for the Judge, by warrant under his hand and seal, to cause such sum to be levied by distress and sale, of the goods of the offender, together with the reason- able charges of such distress and sale, and in default of such distress (or summarily in the first instance,) to commit the offender to the Common Gaol of the County ior any per-od not exceeding three calendar months. LXXVII. And be it enacted, That if any Clerk, ^!):l\^r'VL n •i-m 1 /-w/T. 1 1 • A- 1 • A Clerks, Kauilrs,& sonce of Bailiff. and the fee done, shall be a duly qnaliHed person six pence, and no more in either case, and shall be, together with the postages on tiie papers transmitted by mail, costs in the cause ; and in every case of the unavoidable absence of the Bailiff by whom any summons or other process of a Court holden under this Act shall have been served, the service of such sumons or other process may be proved, if the Judge shall think fit, in the same manner as a summons served out of the Division of the Court, but without additional charge to either of the parties of the suit. LXXXIX. And be it enacted, That every Bailiff ™.. .. „,^. „„ ^«. ^. ' c . ■^ . . what goods may or Officer executmg any process ol executing issuing be taken mexecu- out of any Division Court in Upper Canada, against *"'"" the goods and chattels of any person, may by virtue thereof seize and take any of the goods and chattels of such person (excepting the wearing apparel and bedding of such persons or his family, and the tools and implements of his trade to the value of five pounds, which shall to that extent be protected from such seizure,) and may also seize and take any money or bank notes .nd cheques, bills of exchange, promissory notes, bonds, specialties v)r securi- ties for money, belonging to any such person against whom any such execution shall have issued as aforesaid. XC. And be it enacted, That the Bailiff of every such Division Court shall hold any cheques, bills of exchange, promissory notes, bonds, specialties, or other securities for money which shall have been so seized or taken as aforesaid, as a security or secu- rities for the amount directed to be levied by such execution, or so much thereof as shall not have been otherwise levied or raised for the benefit of the plaintiff, and the plaintiff may sue in the name of the defendant, or in the name of any person in whose name the defendant might have sued, for the recovery of the sum or sums secured or made payable thereby when tho time of payment thereof shall have arrived ; and it shall not be competent for the defendant in the original cause to discharge such proviso: security suit in any way without the consent of the plaintiff tobegiv.u for or of the Judge : provided always, that the party who ''"'' ^' desires to sue for any such amount, shall in the first place pay or secure all costs that may attend the proceeding, and the moneys re- alized, or a sufRcient part thereof, shall be paid over by the officer receiving the same to apply on the plaintiff's demand, and the overplus, if any shall be forthwith paid to the defendant in the original suit, under the direction of the Judge. XCI. And be it enacted, Tlsat it shall be lawful a defendant for any party who has obtained any unsatisfied aeainst wiiom M7 judgment How money and sL'Curitios for raouey sliall be dealt with after seizure. 18 A 14 Vict. DiTisiON oouEfs ACT, (o. yr.) Cap. 63, 1850. thoro shall bo an unoatiNiicd Judg- ment, may bu ■unimoiu-d and examined aa to hiH means of ■atiittying tho Muue. judgment or order in any Division Court, for the payment of any debt or damages or costs to obtain a summons from any Division Court within the limits of which the defendant in any such suit shall then dwell or carry on his business, such summons to be in such form as the Judge of such Court shall from time to time direct, and to be served person- ally upon the person to whom it is directed, requiring him to ap- pear at such a time and place as shall be directed in such sum- mons, to answer such things as are named in such summons, and if he shall appear in pursuance of such summons, he may be examined upon oath, touching his estate and effects, and the man- ner and circumstances under which he contracted the debt or in- curred the damages or liability which is the subject of the action in which judgment has been obtained against him, and as to the means and expectation he then had, and as to the property and means he still hath, of discharging the said debt or damages or liability, and as to the disposal he may have made of any pro- perty, and the person obtaining such summons as aforesaid and all other witnesses whom the Judge shall think requisite, may be examined upon oath, touching the enquiries authorized to be made as aforesaid ; and the costs of such summonses and of all pro- ceedings thereon, shall be deemed costs in the cause, unless the Judge shall otherwise order and direct. XCII. And be it enacted, That if the party so summoned shall not attend as required by such sum- mons, and shall not allege a sufficient reason for not attending,or shall if attending, refuse to be sworn or to declare any of the things atbresaid, or if he shall not make answer touching the same to the satisfac- tion of such Judge, or if it shall appear to such Judge either by examination of the party or by any other evidence, that such party in incurring the debt or liability which is the subject of the action in which judgment has been obtained, has obtained credit from the plaintiff under false preten*; es or by means of fraud or breach of trust, or has wilfully contracted such debt or liability without having had at the same time a reasonable expectation of being able to ptiy or dis- charge the same, o. shall have made or caused to bu made any gift, delivery, or transfer of any property, or shall have removed or concealed the same with intent to defraud his creditors or any of them, or if it shall appear to the satisjaction of the Judge that the said party so summoned has then or has had since the Judgment obtained against him sufficient means and ability to pay the debt or damages, or costs so recovered against him, either altogether or by any instalment or instalments which the Court in which the judgment was obtained shall have ordered, and if he shall refuse or neglect to pay the same as shall have been so ordered, or as 5^ shall Procccdinora if a defendant shall refuse to attend or to bo examined, or slmll have con- tracted the debt, without reason- able expectation of beinif able to satisfy it, or bo fuiltv of any fraud, &e. 13 & 14 Vict. DIVI810X 0OIIBT8 ACT, (o. w.) Cap. 53, 1850. Defendant per- sonally appear- iis« in any case may beosamined. shall be ordered pursuant to the power hereinafter provided, it shall be lawful for such Judge, if he shall think fit to order that any such party may be committed to the Common Gaol of the County in which the party summoned is resident, for any period not exceeding: forty days. XCIII. And be it enacted, That it shall be law- order allowing ful for the Judge of any Division Court before KSsmifbe whom such summons shall be heard, if he shall think risoinded. fit, whether or not he shall make any order for the committal of the defendant, to rescind or alter any order that shall have been previously made against any defendant so summoned before him for the payment, by instalments or oth(;rwise, of any debt or da- mages recovered, and to make any further or other order, either for payment of the whole of such debt damages and costs forth- with, or by any instalments, or in any other manner, as such Judge may think reasonable and just. XCIV. And be it enacted. That in every case where the defendant in any suit brought in any Division Court shall have been personally served with the summons to appear, or shall personally appear at the trial of the same, the Judge, at the hearing of the cause or at any adjournment thereof, if judgment shall be given against the defend- ant, shall have the same power and authority of ex- j^^^ ^l^^ plaintiff. amining the defendant and the plaintiff and other parties, touching the several things hereinbefore mentioned, and of committing the defendant to prison, and of making an order, as he might have and exercise under the provisions hereinbefore contained in case the plaintiff" had obtained a summons for that purpose after the judgment obtained as hereinbefore mentioned. XCV. And be it enacted. That whenever any prooecdings in order of commitment shall have been made as afore- case of committal said, the Clerk of the said Court shall issue under the > « " • seal of the Court, a warrant of commitment directed to the Bai- liff of any Division Court within the County, who by such warrant shall be empowered to take the body of the person against whom such order shall be made; and allConstablcs pmd other peace Officers within their respective jurisdictions shall aid in the exe- cution of every suoh warrant, and the gaoler or keeper of the Gaol of the County in which such warrant shall issue, shall be bound to receive and keep the defendant theiT.ln until discharged uinltt the provisions of this Act or olliorvvlse by duo no imou (,ve been made and the person apprehended, Phice of impri- ^® ^^^'^ ^^ forthwith convcycd, in custody of the Bonment. Bailiff or Officer apprehending him, to the Gaol of the County in which he shall have been ap- prehended, and kept therein for the time mentioned in the war- rant of the commitment, unless sooner dischai'ged under the pro- visions of this Act, and all constables and other Peace Officers shall be aiding and assisting within their respective Counties in the execution of such warrant. XCVIII. And be it enacted, That if it shall at any time appear to the satisfaction of the Judge, by the oath or affirmation of any person or otherwise, that any defendant is unable, from sickness or other sufficient cause, to pay and discharge the debt and damages recovered against him, 540 or Payment ..f moneys levied. In certain cases the Judge may suspend execu- tion, &c. Funiiihinent for assaulting UaiUff or rescuing goods seized. 13 & 14 Vicfc. DIVISION oouBTa act, (o. w.) Cap. 63, 1860. or any instalment thereof ordered to be paid as aforesaid, it shall be lawful for the Judge in his discretion to suspend or stay any judgment, order or execution given, made or issued in such action, for such time and on such terms as the Judge shall think fit, and so from time to time until it shall appear by the like proof as aforesaid, that such temporary cause of disability has ceased, XCIX. And be it enacted, That any person im- n<.f,>n,iant im- prisoned under this Act, who shall have paid or S['g'h^',!'*,4''o*|f satisfied the debt or demand the instalment there- payment or debi of payable, and the costs lin^ due at the tlr»o "'"^ ''°''"" of the ora'3r of imprisi made, together with the costs of obtaining such ordei jbsequent costs, shall be dis- charged out of custody, > certificate of such payment or satisfaction, signed by the Clerl of the Court, or by leave of the Judge of the Court in which the order of imprisonment was made. C. And be it enacted, That if any OfRcer or Bailiff of any Court holden under this Act, (or his Deputy or Assistant,) shall be assaulted while in the execution of his duty, or if any rescue shall be made or attempted to be made, of any goods and chattels or other property seized under a process of the Court, the person so offending shall be liable to a fine not exceeding five pounds, to be recovered by order of the Court, or before a Justice of the Peace of the County in which such Court is situate, as hereinafter provided, (and to be imprisoned for any term not exceeding three calendar months ;) and it shall be lawful for the Bailiff of the Court, or any peace officer in any such case, to take the offender into custody, (with or without warrant,) and bring him before such Court or Justice accordingly. CI. And be it enacted, That in case any Bailiff of any Division Court holden under this Act, who shall be employed to levy any execution against goods and chattels, shall, by neglect or connivance or omission, lose the opportunity of levying any such execution, then upon complaint of the party aggrieved by reason of such neglect, con- nivance or omission, if he shall think fit so to do, (and the fact alleged being proved to the satisfaction of the Court, on the oath of any credible witness,) the Judge shall order such Bailiff to pay such damages as it shall appear the Plaintiff has sustained there- by, not exceeding in any case the sum of monev for which the said execution issued, and the Bailiff shall be liable thereto ; and upon demand made thereof, and on his refusal so to pay and satisfy the same, payment thereof shall be enforced by such ways and means as are herein provided for enforcing judgments recovered in the said Court. 641 ' CD. Penalty on Bailiff oauAing loss to a Plaintiff by ne«- lectorconnivanee. IMAGE EVALUATION TEST TARGET (MT-3) ^ '^ /y ^ 1.0 1.1 lti|2^ 12.5 |5o "^™ IIHB •^ 1^ 12.2 2.0 ill 1.25 i 1.4 V] vl / Hiotographic Sciences Corporation 33 WEST MAIN STREET WEBSTER, NY. 14580 (716) 873-4503 "^^ "v% <^.^'^^ "q,^ C^ o^ % n fi 18 & 14 Vict. a)rvi8ioi ment of claim hereunto annexed, numbered , and that in the event of your no:, so appearing the Plain tiff may proceed to obtain judgment against you by default. Dated this day of 18 . By the Court, Clerk. NOTICE. Take notice that if the Defendant desires to set off any de- mand against the Plaintiff at the trial or hearing of the cause, notice thereof containing the particulars of such demand must be left with the Plaintiff or at h^s usual place of abode if living v/ithin the Division, or with the Clerk of the said Court if the Plaintiff resides without the Division, at least six days before the said trial or hearing, and that if the Plaintiff or Defendant desire to take the benefit of any Statute of Limitation or other Statue, notice thereof must be left in like manner with the said Plaintiff or the Clerk at least six days before the said trial or hearing. {Indorsement to be made on the Summons after the service thereof.) This Summons was served by me, X. Y ., on the day of 18 . X.Y. SCHEDULE C. COVENANT BY THE CLERK OB BAILIFF. Know all men by these presents, that we J. B., Clerk {or Bailiff, as the case may be) of the Division Court number in the County of S. S., of in the said County of , and P. M., of • in the said County of do hereby jointly and severally for ourselves, and for each of our heirs, executors and administrators, covenant and promise that J. B., Clerk {or Bailiff) of the said Division Court {as the case may 546 ^,,,, bsl 13 & 14 Vict. DiYisiosr covbts act, (o. w.) Gap. 68, 1850. be) shall duly pay over to such person or persons entitled to the same, all such moneys as he shall receive by virtue of the said Office of Clerk {or Bailiff, as tlie case may he) and shall and will well and faithfully do and perform the duties imposed upon him as such Clerk {or Bailiff ) by Law, andshall not misconduct himself in the said Office to the damage of any person being a party in any legal proceeding ; nevertheless, it is hereby declared that no greater sum shall be recovered under this covenant against the several parties thereunto than as follows, that is to say: Against the said J. B. in the whole, Against the said S. S.. , Against the said P. M In witness whereof, we have to these presents set our hands and seals, this day of in the year of Our Lord one thousand eight hundred and Signed, sealed and delivered, in the presence of SCHEDULE D. County of A. B. of in the County of {here state the County) the Plaintiff {or Agent, as the case may be) maketh oath and saith that C. D., {the debtor's name) is {or are) justly and truly indebt- ed to {the creditor's name) in the sum of of lawful money of Canada, for {here state the cause of action briejly) ; and this Deponent further saith, that he hath good reason to believe, and verily doth believe, that the said C. D. hath ab- sconded from this Province, and hath left personal property liable to seizure under execution for debt within the County of ; or that the said C, D., is {or are) about to abscond from this Province, or to leave the County of with intent and design to defraud the said {the creditor^ of the said debt, taking away personal estate liable to seizure under execution for debt ; or that the said C. D. is concealed within the County of to avoid being served with Process, with intent and design to defraud the said {the creditor) of his said debt ; and this Dsponent further saith, that this affidavit {or affiriation, as the case may be,) is not made, nor the Process thereon to be issued, from any vexatious or malicious motive whatever. r » ■ Signature of Deponent. Sworn {or affirmed as the case may be) before me, the day of ., sued for in the said Courts under the extended jurisdiction givei> i*/ this Act, and to all proceed- ings and judgments for the recovery of the same, or otherwise in relation thereto, respectively, as fully imd effectually to all intents and purposes as the same respectively are now, or may be appli- cable to the claims and demands within the present jurisdiction of the said Courts. II And be it enacted. That this Act and the said recited Act shall be read and construed as one Act, as if the several provisions in the said recited Act, not inconsistent with the provisions of this Act, were repea- ted and re-enacted in this Act. III. And be it enacted, That there shall be pay- Sfh^S^**** able on every proceeding in the said Division schedule to 13 * Courts, and to the Clerks and Bailiffs of the Courts, ^*^* "' '^ such fees as are set down in the Schedule to the said recited Act, marked A : and if the fees on such proceedings shall not be paid in the first instance by the plaintiff or party «.™,,„f u„„„„ 1 L L ir» 1 • !• '^- ^ i_ 1 J ' Payment howou- on whose behalf such proceeding, is to be had, on forced. 549 or Powers and pro- visions of 13 lU v. c. 53, extend- ed to all cases cognizable by Division Courts. The said Act and this Act to be construed as one. 16 Vict. SITIBIOV COUBTS EX. ACT, (o. w.) Cap. 177, 1868. I ' ' Proviioi JudKO iDHy in> cri'aiM) thu foo in certain vamsnt. Judge inivv with conttcnt of parties rofor any caao to srbitralion t Award to bo on* teredos a judg- mcnt. or before such proceeding, the payment thereof may be enforced by order of the Judge by such ways and means as any debt or damages ordered to be paid by the Court can be recovered: Provided always, that it shall be lawful for the Judge of every Division Court, at the trial of any cause in the said Court, to increase the fee for hearing any defended cause to a sum not exceed- ing Ten Shillings, whether the debt, damages or subject matter of the action is for a sum under or over Ten Pounds, or for the sum of Ten Pounds. IV. And whereas it is desirable to extend the law of Arbitration to Division Courts, Be it there- fore enacted. That the Judge holding any Division Court may, in any case, with the consent of both parties to the suit, or of their agents, order the same, with or without other matters within the jurisdiction of the Court, in dispute between such parties, to be referred to arbitration to such person or persons, and in surh man- ner and on such terms as he shall think reasonable and just ; and such reference shall not be revocable by either party, except by consent of the Judge ; and the award of the Arbitrator or Arbitra- tors or Umpire, shall be entered as the judgment in the cause and shall be as binding and effectual, to all intents and purposes, as if given by the Judge : Provided that the Judge may, if he shall think fit, on application to him within fourteen days after the entry of such award, set aside such award so given as aforesaid, or may with the consent of both parties, as aforesaid, re- voke the said reference and order another reference to be made in the manner aforesaid. V. And be it enacted, That when any reference shall have been made by any such order as afore- said, either of the parties to the suit may obtain from the Clerk of any Division Court a Summons requiring the attendance before the said Arbitra- tor or Arbitrators, of any witness resident within the County, or served with Subpojna therein, with or without a clause requiring the production of books, papers and writings in his possession or control, and that the method of compelling the attendance of a witness before the Arbitrator or Arbitrators or Umpire upon such reference, shall be in the manner prescribed by the forty-eighth Section of the said Upper Canada Division Courts Act of 1850 ; ^ . r. . . and parties making default in attendance, or refu- Punishmcnt of . *^ i i.* -^l x /n • ^ ^ vitnvm'H siug or neglecting without suiiicient cause, to pro- makuig default, j^^^ ^^^^y jjQQJjg^ papers or writings requ'red by such Summons to be produced, may be proceeded against and punished in the manner provided for in the forty-eighth Section 550 of Proviso ; Award may bo sot aside by tho Judge, for cause. How witnesses may be compel- led to au)K>ar bo- fore Arbitrators and give uvi- douce. 16 Vict. DlTTSIOir 0OUBT8 EX. ACT, (o. w.) Cftp. 177, 1868. Arbitrntorn miur lulinliilMtur ofttn to partlos or wit* livilrtoii. of the said recited Act, for disobedience of the Summons to a witness : And it shall be lawful for anv one of such Arbitrators to administer an oath to the parties in such suit, and to all other persons that may be ex- amined before such Arbitrator or Arbitrators, either on behalf of the plaintiff or defendant, or to take their affirmation in cases where affirmation is allowed by law instead of an oath ; and every person who in any exami- nation upon oath, or solemn affirmation before any Va\m Hwoaring to such Arbitrator or Arbitrators, shall wilfully^ or '^•^'•^"'■y- corruptly give false evidence, shall be deemed guilty of perjunr, and liable to the punishment which may, by law, be applicable to the crime of perjury. VI. And be it enacted, That so much of the Act passed in the eight year of the Reign of Queen Anno°not\o ap. Anne, intituled' An Act for the better security of KSlmt"" rents and to prevent frauds committed bu tenants, JJ|,^||'^ or"iandl as relates to the liability of goods taken by virtue lora^nsuch case? of any execution, shall not be deemed to apply to goods taken in execution under the process of any Division 'ourt, but the land-lord of any tenement in which any such goods shall be so taken, shall be entitled by any writing under his hand or under the handofhis agent, tobedelivered to the Bailiff making the levy, (which writing shall state the terms of holding, and the rent payable for the same) to claim any rent in arrear then due to him, not exceeding the rent of four weeks when the tenement is let by the week, and not exceeding the rent accruing due in two terms of payment where the tenement is let for anyother term less than a year, and not exceeding in any case the rent accruing duo in one year ; and in case of any such claim being so Duty of Baiuir made, the Bailiff making the levy shall n such order made, the defendant shall be liable to be sued in accordance therewith in any adjoining Division Court, whether situate in the County in which he resides, or an adjoining County; and every such suit may be entered, tried and proceeded with in the same manner to all intents and purposes, as if the cause of action for which the same shall be brought, had arisen within the Division of the Court in which leave shall be so obtain- ed as aforesaid to enter it, and the defendant were a resident the- A Ruit may bo entered and tried in any ouuiti «po<.'ially dc8ig> natcd l)y tho JudKu of the Court ill which it is to bo brought. rein. The Governor may appoint Ave County Court JudKCB to ftttme rules of practice for Division Courts; which being approved by a Cliief Justice and three Judges of the Su- Eerior Courts of aw at Toronto, shall bo valid. X. And be it enacted. That it shall be lawful for the Governor of this Province, to appoint and authorize five of the Judges of the County Courts in Upper Canada, to frame such general rules as to them shall seem expedient, for and concerning the practice and proceedings of the Courts holden under the authority of the said Upper Canada Divi- sion Courts Act of 1850, and for the execution of the process of such Courts, and in relation to any of the provisions of the said Act, or of this Act, or of any Act to be hereafter passed, as to which there may have arisen doubts, or may have been conflicting decisions in the said Division Courts, or as to which there may hereafter arise doubts, and also to frame forms for every proceeding for which they shall think it necessary that a form should be provided ; and all such rules, orders and forms as aforesaid, shall be certified totheChief Justice of Upper Canada, under the hands of the County Judges so ap- pointed and authorized, or of any three of them, and shall be 553 submitted 16 Vict. DiYisioir oouBTS EX. ACT, (o. w.) Cap. 177, 1863. submitted by the said Chief Justice to the Judges of the Superior Courts of Common Law at Toronto, or to any four of them, and such Judges of the Superior Courts (of whom the said Chief Justice or the Chief Justice o'^the Court of Common Pleas at Toronto, shall be one) may approve or disallow, or alter or amend such rules or orders, and such of the rules as shall be so approved by such of the Judges of the Superior Courts, shall have the same force and effect as if the same had been made and in- cluded in this Ac I ; and in any case not expressly provided for by the said Upper Canada Division Courts Act of fro^&to?f ""' 1850, or by this Act, or by the said rules, the general principles of practice in the Superior Courts of Common Law at Toronto, may be adopted and ap- plied in the discretion of the Judge, to actions and proceedings in the Division Courts ; and ''the contingent expenses connected wit*i the framing and approval of such rules, and the prinking (hereof, shall be paid out of the General Fee Fund of the Division Courts : Provided always, that all-mles and forms already legally made and approved and in force, shall, as far as applicable, remain in force until it is otherwise ordered : Proviso *"^ Provided further, that copies of all such Rules made and approved of as herein provided, shall be forwaiied by the Judges making the same, to the Governor of this Province, to be by him laid before each House of the Legis- ture. Expenses of making and SrintiiiK rules, owpald. Proviso. for trying any tact wliicn tlie Judge shall think oiight to be so tried. fSTi^My*^ XL And be it enacted, That in case any Judge ftct which the before whom a suit shall be tried in a Division Court, shall think it proper to have any fact or facts controverted in the cause tried by a Jury, in such case a Jury of five persons present shall be returned in- stantly by the Clerk of the Court, to try such fact or facts as shall seem doubtful to such Judge, and the Judge may proceed to give judgment on the verdict of such Jury, or grant a new trial on the application of either party in the same way and under simi- lar circumstances as new trials are granted in other cases on ver- dicts of Juries ; and for the returning of such Jury the Clerk shall be entitled to a fee of One Shilling and Three Pence, and no more ; Provided always, that nothing herein contained shall extend, or be construed to extend to affect the sole jurisdiction of the Judge in cases in which a Jury has not been legally demanded by the parties, but as heretofore in such cases, the Judge holding such Courts, shall be the sole Judge of all actions brought in the Division Courts, and shall determine all questions as well of fact as of law in relation thereto. 554 XII. Pee. Proviso: Jurisdiction of Judge not affect' ed. ,-<;v 16 Vict. DiyisioK coTTBTS EX. ACT, (o. w.) Cap. 177, 1863. Proviso; Covenants enter* ed into under a- 22 of 13 & 14 V, 4% 53, and bonds, &C., not invalidated. XII. And whereas there is no provision in the Recital, said Upper Canada Division Courts Act ofl850, requiring Clerks and Bailiffs to give security for accounting for, and tor the due payment of fees, fines and moneys received by them respectively in the performance of their several duties ; Be it therefore enac- ted, That every Clerk and Bailiff of a Division Court who may receive any fees, fines or moneys B&X^mieiving in the execution of itis duty, shall give security by ^^^^"^ entering into a bond to ner Majesty, Her Heirs and Successors, in such sums, with so many sureties and in such form as the Governor of this Province shall see reason to direct for tlie due accounting for and payment of all fees, fines and moneys received by them respectively, by virtue of their respee- tive offices, under the said Act, or under this Act, or under any Act to be hereafter passed, and also for the due performance of the duties of their several offices ; Provided always, that nothing herein contained shall affect or be construed to affect the validity of any covenant entered into, under the Upper Canadfa Division Courts Act of 1850, or the remedy given thereun- der to persons suffering damages by the default, breach of duty, or misconduct of any Clerk or Bailiff, or affect or be construed to affect any bond or security heretofore legally given by any County Treasurer, or any Clsrk or Bailiff of a Division Court. XIII. And be it enacted, That the Clerk of each Division Court shall, in the month of January, in «iach year, make out a correct list of all sums of money belonging to suitors in the Court, which shall have been paid into Court, and which shall have remained unclaimed for six years before the last day of the month of December then last past, specifying the names of the parties for whom or on whose account the same were so paid into Court; and a copy of such list shall be put up and remain during Court hours in some conspicuous part of the Court House or place where the Court is held, and at all times in the Clerk's Office : and all sums of money which shall have been paid into Court to the use of any suitor or suitors thereof, and which shall have remained unclaimed for tlje period o'six years after the same shall have been paid into Court, or to the Officers thereof, and which are now in the hands of the Clerk or Bailiff, and all further sums of money which shall hereafter be paid into Court, or to ihe Officers thereof, to the use of any suitor or suitors, shall, if unclaimed for the period of six years after the same shall have been so paid, be applicable as part of the General Fee Fund of the Division Courts, and be carried to the account of such fund, 555 and Olerks of Division Courts to make out, yearly, lists of moneys paid into Court and unclaimed during a certaun time. List to be 1 up and such sums unclaimed, after a certain time, to go to Fee Fund. 16 Vict. siTiBioN oouBTS Bz. ACT, (o. w.) Cap. 177, 1858. and paid over by the Clerk or Officer holding the same, to the Treasurer of his County, and no person shall be entitled to claim any sum which shall have remained unclaimed for six years, but Provision M to "° ^^^^ during which the person entitled to claim initots. Ac. such sum shall have been an infant or feme covert, or of unsound mind, or out of the Province, shall be taken into account in estimating the six years. Action uninst XIV. And be it enacted, That from and after Sroujfit ez^^ the commencement of this Act, no action shall be ^^rtain brought against any Bailiff of a Division Court, or '^' ' against any person acting by the order and in aid of any Bailiff, for anything done in obedience to any warrant under the hand of the Clerk of the Court and the Seal of the Court, until demand hath been made, or left at the residence of such Bailiff, by the party intending to bring such action, or by his Attorney or Agent in writing, signed by the party demanding the same, of the perusal and copy of such warrant, and the same hath been refused or neglected for the space of six days after Iptoaotion such demand ; and in case afler such demand and STmadSiS- compliance therewith, by shewing the said warrant fendant. to and permitting a copy to be taken thereof by the party demanding the same, any action shall be brought against such Bailiff or other person acting in his aid, for any such cause as aforesaid, without making the Clerk of the Court who signed or sealed the said warrant ^Defendant, then, on pro- ducing or proving such warrant, at the trial of such action, the Jury shall give Jieir verdict for the Defendant, notwithstanding any defect of jurisdiction or other irregularity in or appearing And as to actions by the Said Warrant; and if such action be iT m^el^Sen. brought jointly against such Clerk, and also against dant. such Bailiff, or person acting in his aid as afore- said, then on proof of such warrant the Jury shall find for such Bailiff, and for such person so acting as aforesaid, notwitstanding such defect or irregulariiy as aforesaid ; and if the verdict shall be given against the said Clerk, then, in such case, the Plaintiff shall recover his costs against him, to be taxed in such manner, by the proper officer, as to include the costs such plaintiff is liable to pay to the Defendant for whom such verdict shall be found as aforesaid ; and in any action to be brought as aforesaid, the Defendant may plead the general issue, and give the special matter in evidence at any trial to be had thereupon. Interpretation XV. Be it enacted. That in construing this Act, ^^' the word "landlord" shall be understood to in- clude the person entitled to the immediate reversion of the lands, or, if the property be held in joint tenancy, coparcenary or tenancy in common, shall be understood to include any one of the persons entitled to such reversion ; and the word " agent," 556 shall InoiueofMpan- tion of United Couritie8,DiviBion Courts of Junior County to remain DiviHion Courts thereof until it be otherwise ordered. 16 Vict. DXTiBioir couBts EX. ACT, (o. w.) Cap. 177, 1858. shall be understood to mean any person usually employed by the landlord in letting of lands or in the collection of the rents there- of, or specially authorized to act in any particular matter, by writing under the hand of such landlord. XVI. And be it enacted, That when a Junior County shall separate from a Senior County or Union of Counties, the Division Courts of such United Counties as were before the separation of such Junior County from such Union of Counties wholly within the territorial limits of such Junior County shall be, remain and continue Division Courts of such Junior County until the Justices of the Peace of such Junior County, in General Quarter Sessions assembled shall declare and appoint the number, limits and extent of the divisions for Division Courts within the limits of such Junior County, and all pro- ceedings and judgments had and taken therein until the new Division shall come in force shall be, remain and continue pro- ceedings and judgments of the said Division Courts respectively ; and all such Division Courts shall be known as Division Court* of such Junior County by the same numbers respectively, as they were known while the said Division Courts were Division Courts of any such Union of Counties, until they are altered by the Justices of the Peace of such Junior County as herein pro- vided. XVII. And be it enacted. That whenever the '^^^J^SS^^hau Justices of the Peace of any County in Upper §e completed Canada, in General Quarter Sessions assembled, riSSuare a^md shall alter the number, limits and extent of the '» a°y county. Division Courts within such County, all proceedings and judg- ments had and taken in any Division Court before the day when such alteration is to take effect, shall be continued and prose- cuted in such Division Court of such County as the Judge of the County Court of the County in which such alteration is made shall order and direct ; and all proceedings and judgments which shall be continued and prosecuted in any such Division Court, by the order or direction of the Judge of the County Court as aforesaid, shall be considered and are hereby declared to be proceedings and judgments of the said Division Court to which they shall be so transferred, and shall be as valid and affectual to all intents and purposes as if such proceedings and judg- ments had been commenced, prosecuted and obtained in the Division Court to which they shall be so transferred by the Judge. XVIII. And whenever a Junior County shall be separated from a Union of Counties, or the pro- ceedings of any of the Division Courts of a Senior County be transferred to any other Division Court within the said County, upon the order or direction 657 All papers and dociunents in any suit tnuisfbr* red from one Court to another to be delivered oyer to snoh 16 Vict. DIVISION COUBTB EX. ACT, (o. w.) Cap. 177, 1853. Derson as the Judgi Fudge shall direct. J i- Case of a Division being partly in a Senior and partly in a Junior County when they are separat- ed, provided for. of the Judge thereof as hereinbefore provided, the Clerks or other Officers of such Division Courts, or any of them, in whose possession shall be held any writs, papers or documents connected with or appertaining to any such Court or the business thereof, shall deliver up the said writs, papers or documents, or any of them, to such person or persons as the Judge of the said County Court shall order and direct; and any person or persons who shall refuse to deliver up such writs, papers or documents, or any of them, to such person or persons as the Judge of the County Court sba'l order or direct, shall be liable to be proceeded against in the same manner as persons wrongfully holding papers and documents under the provisions of the thirteenth Section of the said Upper Canada Division Courts Act of 1850. XIX. And be it enacted. That whenever after separation of any Junior County from any Union of Counties, it s^hall happen that the territorial limits of any of the Division Courts of the former Union of Counties shall be partly within the limits of the Junior County and parity within the limits of the Senior County, then and in such case all proceedings processes, suits, orders and judgments which are commenced in such Divi- sion Courts of the former Union of Countie. shall and may be continued and prosecuted to completion in the Division Court where the proceedings were originally commenced, or in such other Division Court of the said Senior County, as the Judge of the said Senior County shall order and direct; ana the Clerks and other Officers o^'the said Div's'on Courts of the said Senior County, in whose possession may be heM any writs, papers or documents connecicd with or appertaining to any such Court or the business thereof, shall deliver over the same to the Clerk of such Division Court of such County as the Judge thereof shall order and direct. Justices to divide XX. And be it enacted. That at the first Sit- flw^siSnS^"* tings of the General Quarter Sessions of the in Q. s. Peace for any Senior County, after the issue of any proclamation for separating a Junior from a Senior County the Justices there present, shall declare and appoint the number, (not less than three, nor more than twelve,) limits and extent of the several Divisions within such County or Counties, and the time when such change of Divisions shall take effect: Provided always, that if the Justices shall not or may not have made such Proviso- but change of Divisions at such first Sittings of the Buoh division Quarter Sessions, which may have taken place ksutae^t ^^ after the issuing of such proclamation, it shall be Bitting. lawful for them to do so at any other Sittings of such Court, but a less number of Justices shall not have power 558 to Cap. 177, 1853. 9 provided, the ision Courts, or y writs, papers ny such Court nrits, papers or persons as the irect; and any ip such writs, 'son or persons lirect, shall be ner as persons the provisions mada Division vhenever after rom any Union the territorial ;s of the former tly within the le limits of the [ings processes, d in such Divi- lII and may be Division Court bed, or in such as the Judge of ana the Clerks he said Senior Tits, papers or ny such Court le to the Clerk ;e thereof shall the first Sit- 3ssions of the the issue of [Senior County |nt the number, and extent of jnties, and the Feet: Provided ive made such Tittings of the [e taken place Ion, it shall be ^er Sittings of )t have power to 16 Vict. DIVISION oovBTS EX. ACT, (o. w.) Cap. 177, 1853. Penalty on Col« lector neKleoting to furnish list of persons liable to serve aa Jurors at Division Courts, and how enforced, to rescind or alter any resolution or order made by a greater number under the provision of this Section. XXI. And it enacted. That if any Collector shall neglect or refuse, for the space of six days after demand made in writing, to furnish the Clerk of the Division in which the Township, Town, City or Ward for wb'ch he is a Collector, is wholly or in part situate with a correct list of the names of persons liable to serve as Jurors in the Division Court, according to the provisions of the thirty-fifth Section of the Upper Canada Division Courts Act of 1850, it shall be lawful t'^r the said Clerk to issue a Summons to be served on the said Collector, requiring him to appear at the then next sit- ting of the said Division Cour^ to show cause why he hath refused or neglected to comply wi;,h the provisions of the said Section, and which said Summons shall be personally served on the said Colleclor three davs at least before the sitting of the said Court, aud upon proot of the service of such Summons, it shall be in the power of the said Judge holding the said Division Court, to inquire into the said neglect or refusal in a summary manner, and impose such fine upon the said Collector, not ex- ceeding Five Pounds, or give further time to the Collector as he shall deem just, and also to make such order for the payment of the costs of the proceedings by the Collector as to the said Judge may seem meet, and all orders made by the said Judge for the payment of any fine or costs, shall be enforced by such ways and means against I'le said Collector as is provided for enforcing Judgment in the said Courts : Provided always, and it is hereby declared and enacted. That do person Proviso. shall be compelled to serve as a Juror in any Division Court who is by law exempted from serving as a Petty Juror in any of the Superior Courts of Record in Upper Canada. XXII. And be it enacted. That in any Division Court from and after the passing of this Act, in any case of debt or contract brought for a demand not exceeding Forty Shillings, in which the Plain- tiff shall give sufficient evidence to satisfy the Judge that the Defendant has become indebted to such Plain- tiff, but the Plaintiff shall not have evidence to establish the particular amount, it shall be lawful for the Court in its discre- tion to examine the Plaintiff on his oath, touching the items of such account, and to give judgment thereupon accordingly, and such Judge may also under like circumstances examine the Defendant as to the amount of any payment or set off in any such case, and may give judgment accordingly for such Defendant. 559 xxm. Judjfc may examine Plain- tiff or Defendant in proof of cer- tain facts in cases not over 40s. !J 16 Vict. DITISIOK C0UBT8 K. ACT, (o. w.) Cap. 177, 1858. NotwithstandinK 16 V. 0,19. Judge may causa Plain< tiff or Defendant to be examined when he shall deem it right. Judgments &c, of former Courts of Requests, to bo dealt with as Judgments, &o^ of Division Courts. XXIII. And be it enacted, That for and not- withstanding anything contained in the Statute passed during this present Sess'on of Parliament, intituled. An Act to repeal the Acts therein men- tionedf and to improve the Law of Evidence in Upper Canada, it shall and may be lawful for the Judge holding any Division Court in Upper Canada, to require the Plaintiff or Defendant in any cause or proceeding brought or taken before him in such Court, to be examined under oath (or solemn affir- mation) whenever such Judge may think it conducive to the ends of Justice, that such examination should be so had and taken. f XXIV. And be it enacted, That the orders, de- cisions and judgments of the several Courts of Re- quests existing in Upper Canada, in force on the thirtieth day of ?Iovember, one thousand eight hun- dred and forty-one, and still unsatisfied, shall be, and shall be taken to have been orders, decisions and judgments of the several Division Courts, to the Clerks of which the books, papers and documents connected with the business of such Courts of Kequests have been delivered by order of any Judge of a Dis- trict or County Court in Upper Canada, and such orders, decis- ions and judgments shall be carried out and enforced in the same Proviso. manner as similar proceedings in such Division Courts; Provided always, that no proceedings shall hereafter be taken by any Judge of a County Court to carry out and enforce such orders, decisions or judgments, unless he is satisfied by the oath of the party, and such other evidence as he may require, (all of which to be reduced to writing,) that it is just and agreeable to equity and good conscience that the same should be enforced. XXV. And be it enacted, That in addition to the salary which may now by law be paid to the several County Judges in Upper Canada, a further sum, not exceeding Fifty Pounds a year, may be paid to each of such Judges, as an indemnity for his travelling expenses, to be paid in the same manner and out of the same funds as the salaries of such Judges are now payable by law ; and the Governor of the Province may at all times issue his Warrant in favor of the County Treasurer for an amount to make up the deficiency of the salary and indem- nity for travelling expenses of the Judge of any such County, and the amount of such Warrant shall be charged upon the Consoli- dated Revenue Fund of this Province : Provided always, that in fixing the amount to be allowed to each of such Judges, as an indemnity for trav- elling expenses, due regard shall be had to the ex- 560 tent, Additional sum not exceeding £50 per annum, may be allowed to County Judges for travelling expenses. Proviso: consid' entionsupon which such allowance shall be fixed. JudRO may ad-- journ the hearing of any cause in order to allow roductionoffUr- hur evidence, &o. 16 Vict. Dinsioir ooubts bx. act, (o. w.) Cap. 177, 1858. tent, popuIati<)n, amount of business and other circumstances of the several Counties and Divisions, and the remuneration for the purpose aforesaid to be paid to the said Judges, not exceeding the said sum of Fifty Pounds annually, may be increased or dimin- ished by tile authority of the Governor in Council ; but nothing herein contained shall be construed to make it necessary to fix any such allowance for travelling expenses to the Judge of any County, unless the Governor in Council shall be satisfied that under the provisions herein contained the same ought to be made. XXVI. And be it enacted, That the Judge holding any Division Court in Upper Canada shall have power, if he thinks it conducive to the ends of justice so to do, to adjourn the hearing of any cause in order to permit either party to summon or produce further testimony, or to serve or give any notice which may be necessary to enable such party to enter more fully into his defence, or for any other cause which the said Judge may deem reasonable, upon such conditions as to the payment of costs and admission of evidence or other equitable terras as to him may seem meet. XXVII. And be it enacted, That if any Defend- ant in any action of debt or contract brought against him in any Division Court, shall desire to plead a tender, before action brought, of a sum of money in full satisfaction of the Plaintiffs claim, he shall be at liberty so to do on filing his plea with the Clerk of the Court, before which he is summoned to appear, at least six days before the day appoint- ed for the trial of the cause, and at the same time paying into Court the amount of the money mentioned in such plea, and no- tice of such plea and payment shall be forthwith communicated by the Clerk of the said Court to the Plaintiff by post (on receiv- ing the necessary postage,) or by sending the same to his usual place of abode or business, and the said sum of money shall be paid to the Plaintiff, less Five Shillings, to be paid over to th« Defendant for his trouble, in case the Plaintiff do not further prosecute his suit, and all proceedings in the said action shall be stayed, unless the Plaintiff shall, within three days after the re- ceipt of notice of such payment, signify to the Clerk of the said; Court his intention to proceed for his demand, not- procecdinn if withstanding such plea, and in such case the action *^"J JSSuS diall proceed accordingly, and if the decision thereon tender. diall be for the Defendant, the Plaintiff shall pay the Defendant*, his costs, charges and expenses, to be awarded by the Court, and the amount thereof may be paid over to him out of the money so paid in with the said plea, or may be recovered from the Plain- tiff in the same manner as any other money payable by a Judg- ment of the said Court : Provided alwayS| if the decision shall be 561 in How Defendant shall proceed if he desires to plead any tender. 16 Yict. srviBiOK covbtb zx. act, (o. w.) Cap. 177 * 58. SCO. 87 of 13 & U V. c. 53, repealed, and (rtnei in favor of the Plaintiff, the full amount of the money paid into Court as aforesaid shall be applied to the satisfaction of his daim, and a Judgment may be pronounced against the Defend- ant for the balance due and the costs of suit according to the usual practice of the Court in other cases. Ptointifrs & De- XXYIII. And be it enacted, That the provision of •d^iMibiTevi. ^■^^ seventy-second section of the Upper Canada doQoo. Division Courts Act of 1 860, so far as relates to the receiving in evidence of the Plaintiff's books in certain causes in the said Courts, to the extent of Five Pounds, shall be extended and apply to any set offer plea of payment to that amount on the part of the Defendant, \i'hose books shall in like manner be received in evidence on behalf of such Defendant ; and the power to grant new trials, given to the Judges of such Courts by the said section, may be exercised by such Judges, although the granting of such iccw trials- new trials might postpone the issuing of execution against the Defendant, in the event of Judgment being finally given against him, for a longer period than fifty days from the service of the Summons. XXIX. And be it enacted, That the eighty-se- venth section of the said Act shall be and the same ubstiluted^*""' is hereby repealed, and the following section shall be substituted for and read instead thereof: " And be it enacted, That any Summons or other process, which, under this Act, shall be required to be served out of the Divi- sion of the Court from which the same shall have issued, may be served by the Bailiff of such or any other Division Court within serv^ca of ' ^^^ County holdcu under this Act, and such ser- Froc'e88 out of vicc shall be as valid as if the same had been the Division. ^^^^ ^^ ^ g^jjjg. ^j. ^j^^ ^^^^ ^^^ ^f ^j^j^j^ ^j^^ Summons or Process shall have beea issued within the jurisdic- tion of the Court for which he act.s." Where the XXX. And be it enacted. That the Summons "w^f 13 am" *® ^^ issued under the ninety-first section of the v.c.63,m«ybe said Act, may be issued from the Division Court obtained. wherein the Judgment was obtained, as well as from the Division Court within the limits of which the Defen- dant shall dwell or carry on his business, as is provided by such Section, and thereupon such further proceedings may be had thereon as if such summons had issued in the manner pointed out by such Section. Clerks of Division XXXI. And be it enacted, That the Clerks of AdKiSreSi^ the several Division Courts shall prepare the tosenice of proper affidavit of service of all Summcms issued '^''^' out of the said Courts to the Bailiffs of such Ckmrts respectively, stating how the same ivas served, the day .562 of Short Titles of the several Acta relative toDivW sion Courts: ori3& U V. C.53. 16 Viot. siYiBioir oovBTS n. act, (o. w.) Cap. 177, 1868. of such service, and the distance such Baili£F necessarily tra- velled to effect such service, which affidavit shall be annexed to or endorsed on the Summons ; and for preparing such affida- vit and administering the oath to such Bailiff, such Clerk shall receive to his own use and benefit, from the Plaintiff in the suit, the sum of Nine Pence, which may be taxed as costs in the cause ; Provided that nothing herein contained Proviso, shall prevnt the Judge of such Court, if he shall think fit, from requiring such Bailiff to be sworn in his presence, and to answer such questions as may be put to him touching such service and mileage. XXXII. And be it enacted. That in citing, pleading, or otherwise referring to the said Act passed in the session held in the thirteenth and fourteenth years of Her Majesty's Reign, intituled. An Act to amend and consolidate the several Acts now in force regulating the practice of Division Courts in Upper Canada, and to extend the jurisdiction thereof, it shall in all cases whatsoever be sufficient to use the expression, " 7%e Upper Canada Division Courts Act of 1850," or words, or words and figures of equivalent import; and that in citing, pleading or otherwise referring to this Act, it shall in all cases whatsoever be sufficient to use the expression, ** Tiie Upper Canada Division Courts Extension Act or this Act. of 1853," or words, or words and figures of equivalent import; and that in pleading, citing or otherwise referring to the said Acts and any other Acts that may be hereafter passed, touch- ing or concerning or in any wise relating to the said Division Courts, it shall in all cases whatsoever be sufficient to use the expression. The Upper Canada Division Courts or such Acts Acts, or words of equivalent import, which shall *^™'*'^' in all cases be understood to include and refer to such and so much of the said Acts as shall be then in force touching or con- cerning or in any wise relating to such Courts. XXXIII. And be it enacted, That all affidavits Before whom to be used in the Division Courts, or before the ^£?couru*" Judges thereof, mavbe sworn before any County °Mybe8w®'n- Judge, or any Clerk of a Division Court, or Commissioner for taking affidavits in either of the Superior Courts of Common Law in Upper Canada. XXXIV. And be it enacted, That this Act shall commence and take effect on the first day of July, one thousand eight hundred and fifty-three. Gommenoement of this Act. 563 Counts I 1 ' ff r 1) ■• 1 16 Yiot. oouirrr oovsts sqvxtt act, (o. w.) Cap. 110, 18S8. COUNTY COUETS EQUITY ACT, (C. W.) Tremhk. CAP. C X I X. AN ACT TO CONFBB EQUITY JURISDICTION UPON THB SEVERAL COUNTY COURTS IN CANADA VfBBT, AND FOR OTHER PURPOSES THEREIN MEN. TIONBD. [Atsented to, 2dd May, 1868.] WHEREAS 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 therefore enacted, &c., That County Courts to the jurisdiction of the said County Courts respec- taSctfcnce"' timely shall extend to the several matters herein- tain matters. after enumerated, and that the said County Courts respectively shall possess the like power and authority in respect of the matters hereinafter enumerated as by law is now possessed by the Court of Chancery of Upper Canada. To what'caaesthe ''* -^^^ ^^ ^^ enacted, That it shall be lawful to «*" ScS?**'' *^"^ ^^^ ^^y person seeking equitable relief, to enter Courts Bh^u< (personally or by Attorney) a claim against any *^^' person from whom such relief is sought, 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: 1. A person entitled to an account of the deal- ings and transactions of a partnership (the joint stock or capital not having been over two hundred pounds,) di»* solved or expired, seeking such account. 2. A creditor upon the estate of any deceased person, such creditor seeking payment of his debt (not exceeding fifty pounds) out of the deceased's assets (not exceeding two hundred pounds.) Legatees. 8. A legatee under the will of any deceased per- son, such legatee seeking payment or delivery of his legacy (not exceeding fifty pounds in amount or value) out of such deceased personal assets (not exceeding two hundred pounds.) 4. A residuary legatee, or one of the residuary legatees of 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.) 564 ». Partnership a(y> counts. Debts of deceased persons. Residuaiy Le* gstees. Foreoloaure of Mortgages. 16 Vict. COUNTY OOITSTB IQUITT AOT, (o. W.) Oftp. 110, 1868* 6. An executor or administrator of any such de- Adminiitntim ceased person seeicing to have the personal estate otpenoa»i». (not exceeding two hundred pounas) of such deceased person, administered under the direction of the Judge of the Uounty Court for the County within which such executor or administra- tor resides. 6. A legal or equitable mortgagee whose mort- gage is created by some instrument in writing, or judgment creditor having duly registered his judgment, or person entitled to a lien for security for a debt, seeicing foreclosure or sale or otherwise to enforce his security, where the sum claimed as due, does not exceed fifty pounds. 7. A person entitled to redeem any legal or Bedemptionof equitable mortgage or any charge or lien, seeking Mortgagei. to redeem the same, where the sum actually remaining due does not exceed the sum of fifty pounds. 8. Any person seeking equitable relief for, upon, EquitaMo relief or by reason of any act, matter, or thing whatso- sener*!!/' ever, where the subject matter involved does not exceed the sum of filly pounds. 9. Injunctions to restrain the committing of ii^unotionsto waste or trespass to property by unlawfully cut- restrain commi*. ting, destroying, or removing 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 Court of Chancery ; Provided always, that the power to grant such injunction Proviio. shall not authorize the prosecuting of the suit in the County Court, but the irvj unction 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. HI. And be it enacted. That such claim in the Formofoiaim. several cases enumerated above, may be similar in principle to the form set forth in Schedule A to this Act. ^ , ,, IV. And be it enacted. That upon entering such proeaeding* on claim with the Clerk of a County Court, the same t||2i*^'"8 °' shall be numbered and filed by such Clerk accord- ing to the order in which it shall be entered, and thereupon a Summons, briefly stating the nature of the claim and bearing the number of the cl'tim on the margin thereof, shall be issued under the Seal of the Court, requiring the person against whom such claim is made, on 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 565 claimed 1 1 Form of Writ of flumnioni. Hearing on Claim : evidence, examination of parties, &c. 16 Vict. corvTT covbtb iqvitt act, (o. w.) Cap. 110, 1858. claimed by the PlaintifT should not be had, or why such Order as shall be just with reference to the claim shall not be ' de. V. And be it enacted, That 'lidi Writ of Sum- mons may be in the form or lo the effect in that behalf set forth in Schedule B to this A')t, 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, alias and phiries Writs may be issued. Oopyofwritand VI. And be it enacted, That a copy of the s dd cialmtobewrvcd. "vVrit of Summons, to which shall be nttt'«/iod a certified copy of the Plaintiff's claim so entered »<; (aoit>Hi(., shall be served on the Defendant ten days at least before the day appointed in the said Writ of Summons for showing cai. • . VII. And be it enacted, T^ -i n the time ap- pointed for showing cause ua aforos'^id, the Defendant shall appear personallv or by Attorney and show cause, if he can, (and if necensary by Affidavit) why such relief is claimed by the Plaintiff should not be had against him ; and each party majr, on piving five clear days' notice in writing prior to any hearing, of his intention 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 alio ;^es 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 that behalf, or on production of an affidavit, that the Writ of Summons and copy of claim aforesaid have been duly and personally served on such Defendant, may, if he Order to be <3^all think fit, make an Order granting or refus- ii>^e. ing the relief claimed, or directing any accounts or inquiries to be taken or made, (such accounts or enquiries to be taken or made before the Judge if he shall deem such course proper or expedient, or befoic the Olork of such Court, at days or times to be appointed by h ' . for tin purpose,) or may direct such other proceeding.^ to be uad for the purpose of ascer- taining the plaintin'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 neces- sary or fit, to be summoned or ordered to appear as parties *o haoh claim, or on any proceedings with reference to any account or inquiries directed to be taken or made, or otherwise; Oral evidence to a^d all oFal evidence given by any person before be on oath. gmjij Judge relating to such claim, shall be upon the oath of the person giving the same, to be administered by or 566 before 10 Vict. oouKTT oouBTi iQuiTT ACT, (o. w.) Cap. 110, 1868. before said Judge ; and further, in default of the Defluiiu. appearatir;e of either of the parties, the said Judge may make suofi Order a:^ to the payment of costs by the party in default, at to him (ony seem m^et. V^IIL And be it enacted, That the nuA Judge of county Jiuipce to the County shall be the «ole Judge in a^' actions »>«n»"«"i« J "«!«•• brought in the said Count « Courts respt lively under the juris- diction given by t) 's Act, and shall detot nine in a summary manner all question, of law or equity as well aH of fact arising therein, unless the said Judge shall think it proper to huve any fact or facts controverlud in the action tried by a ^ ^ jury, or either party shall apply to have s '^h i "an'iL 'ro? •© facts tried by a Jury ; and upon order made alk vV- [^ *5j^ £ *"* ing a trial by Jury, such i rial shall take place at the then next ensuing Sittings of such County Cour conducted in the same manner as other trials by Jui said Court are conducted, and the Judge muy^, unles- trial be moved for within ten days after verdict Now itm. rendered, proceed to make such Order and Decree on ti ver diet of such Jury as according to the nature and circumb. of the case shall seem just and \j '-oper. and Se I ti 9 , ne\-' ces IX. And be it enacted, That t: e Rules of deci- sion Rules of > sion in the said County Courts respectively, in chancery! respect to the matters afarosaid, sliall be the same ^ as govern the said Court of Chancery, (when not others- « provided for by or under the autho rity of this Act) so far as lae same may be held to be applicable to a Court of Summary Jurisdiction. And the said County Courts respec- certain powers tively, shall possess full power and authority to X^^j^*"*^ enforce and compel obedience to their Orders, Judgments 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 respectively, in the exercise of their jurisdiction, when required by any County Court so to do. X. And be it enacted, That the Judge of the Judge may s.^\d County Court may at any time, in further- rSthSaS*"* ance of justice and on such terms as he may of justice. 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 mistake in any other respect, or by inserting other alegations, matSrial to the case, or by conforming such claim or proceeding to the facts proved, where the amendments shall not change substantially the form of the action, and may also in any stage 567 of m How Orders may be enforced. Judge to have the same power M Court of Chancery to order iuction of Dks, advertise- ments, &o. 16 Vict. coiWTT oouBTS iQUiTT ACT, (o. "w.) Cap. 119, 1853. of the proceedings disregard any error or defect which shall not affect the substantial rights of the adverse party, and may make any Order for granting time to the Plaintiff or Defendant to proceed in the prosecution or defence of his suit that to such Judge may seem necessary for the ends of justice. XI. And be it enacted, That every Order by the Judge of the County Court, made upon the hear- ing of any such claim as aforesaid, or in respect to such claim and suit, or in respect to (he matters hereinbefore or hereinafter mentioned, may be enforced in the same manner as any Judg- ment 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 are applicar ble, or in such other manner as may be prescribed by Rules to be made in the manner hereinafter mentioned. XII. And be it enacted. That the Judge before or upon any hearing or trial, or upon taking any accounts or making any inquiries, shall have the same powers and authority to order the parties to produce books, papers and writings as is posses- sed by the Court of Chancery, and may cause advertisements for 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 benefit of the Order. XIII. And be it enacted, That no Order, Direc- tion, Verdict, Decree or Judgment, or other proceeding made concerning any of the matters aforesaid, shall be reversed, quashed or vacated for want of form. Summons when XIV. And be it enacted, That every Summons, (except the Summons at the commencement of the action,) Order, Notice or other proceeding, shall be served ten days at least before the day on which the same is returna- ble, or the action thereunder, intended, except where otherwise directed by the said Judge. Costs. XV. And be it enacted. That the costs in every action or proceeding brought or had under the authority of this Act In the said County Courts respectively, shall be paid by or apportioned between the parties in such manner as the Judge shall think fit, and that in default of any special directions the costs shall abide the event of the action or proceeding. 668 XVI. No order, Ac., to be quashed for want of form. 16 Vict. COUNTY COUBTB EQUITY ACT, (o. "W.) Cap. 119, 1858. XVI. And be it enacted, That all affidavits to Affidavits. be used in the «aid 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. XVII. And be it enacted, That any claim as Giainsmayin aforesaid entered in a County Court under the remoledl^?©^ provisions of this Act, shall be removable by either chancery. party into the Court of Chancery by Order of the said Court to be obtained on a summary application by motion or petition sup- ported by affidavit, of which reasonable notice shall be given to the opposite party, and the said Order shall be made on such terms as to payment of costs, giving 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 Chan- cery shall be of opinion that the same is of such a nature as to render it proper that the same should be withdrawn from the jurisdiction of the said County Court, and disposed of in the said Court of Chancery. XVIII. And be it enacted, That either party Appeal given to « may appeal to the said Court of Chancery against ^^''^"^^^'■y- 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 or 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 Proviso. Judge shall be called on to certify the said Order or other matter appealed against to the said Court of Chancery, the party ap- pealing shall enter into a recognizance, with sufficient bail to the satisfaction of the said Judge, to pay the sum decreed in case no relief shall be had on such 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 Attor- ney, 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 chancery may the said Court of Chancery shall specially make makcreguiations. the necessary regulations for the practice to be observed in pro- ceedings under this and the next preceding section. XIX. And in order that procedure under this Act chancery to may be fully traced out, and from time to time be ^^'^ ^''•^^L- J , J . 11-1 1 II llulcs ami Orders improved and rendered as simple, speedy and cheap for carrying this as may be— Be it enacted. That it shall be the ^ct mto etiect. duty of the Judges of the said Court of Chancery, and they are 569 hereby Fees payable to Fee Fund. 16 Vict. COUNTT COUBTfl EQUITY ACT, (o. w.) Cap. 119, 1853. 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 Coun- tv 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 ttiewme"™*"^ which there may arise doubts; and from time to Their effect. time to alter and amend such Rules, Orders and Forms, and also the forms and mode of procedure prescribed by this Act ; and such Rules, and Orders and Forms as shall be made and framed by the said Judges or any two of them, (of whom the Chancellor of Upper Canada shall be one,) shall from 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 the same had been embodied in this or some other Act of Parlia- ment. XX. And be it enacted, That there shall be pay- able on every proceeding for equitable relief or other proceeding under this Act in the said County Courts re- spectively, 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 sep- arate account of such fees, and shall render an account to the Receiver General of fees in his County, and shall pay over the amount of such fees to such Receiver General, under the same How to be liabilities, securities and conditions, and to be ac- accounted for. &c. countcd for in like manner as the present General Fee Fund of the County, and that the several provisions of the Act passed in the eighth year of Her Majesty's Keign and intitu- 8 V. c. 13. led, An Act to amendy consolidate and reduce into one Act, the several Laws now in force, establishing or regulating the practice of District Courts in the several Districts of that part of this Province formerly Upper Canada, in relation to the re- ceiving, 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 pro- visions were herein contained and re-enacted. other Fees. XXI. And be it enacted, 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 dow'n for such proceedings respectively in the Schedule to this Act annex- ed 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 Sche- dule E to this Act annexed. No costs to Plain- XXII. And be it enacted. That if any action or tiff proceeding in proceeding be commenced in the said Court of 570 Chancery 16 "Vict. COUKTT OOTJBTS EQITITT ACT, (O. W.) Cap. 119, 1863. Interpretation clause. Chancery after this Act shall come into force, for JfS7tK^ any cause or claim which might have been entered Act. 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 entitled of right to a Decree against the Plaintiff for his costs, as between Exception. Attorney and Client, unless the said Codrt of Chancery shall be of opinion that it was a fit cause or claim to be withdrawn from a County Court and entered in the said Court of Chancery. XXIII. And be it enacted. That this Act, and This Act inoorpo- the several Acts of Parliament now in force relat- Knt^Kt''" ing to County Courts, or affecting in any way their ^°*^- powers or practice, shall be read and construed as one Act, as if the several provisions therein contained, not inconsistent with the provisions of this Act, or inapplicable to an equitable juris- diction, were repeated and re-enacted in this Act. XXIV. And be it enacted. That in construing this Act and the Schedules thereto, the following words shall have the several meanings hereby assigned to them over and above their several ordinary meanings, unless there be something in the subject or context repugnant to such construc- tion, viz. : The words "person" or "party" shall Person. be understood to m'ean a body politic or corporate as well as an individual, and every word importing the singular singular number. number, shall, when necessary to give full effect to the enact- ments herein contained, be understood to mean several persons or things as well as one person or thing ; and every word import- ing the masculine gender shall, when necessary, be Gender. understood to mean a female as well as a male ; " affidavit'' shall include affirmation, and the word " legacy'' shall include an annuity and a specific as well as a pecuniary legacy ; the word " legat- tee" shall include a person interested in a legacy ; and the words " residuary legatee" shall include a person inte- rested in the residue ; and the word '* County" County. shall include any two ar more Counties united for judicial pur- poses. - ' • ,^- , ^ . i XXV. And be it enacted. That in citing this Act in other Acts of Parliament, and in legal in- struments and other proceedings, it shall be sufficient to use the expression, " The County Courts Equity Extension Act." XXVI. And be it enacted. That this Act shall commonccment commence and take effect on the Thirty-first day of^^ct. of December next after the passing hereof. and the word Affidavit. Legacy. Legatee, &o. Short Title of this Act. 571 Schedule A. 16 Vict. COUNTY OOUBTS XQTIITT ACT, (o. w.) Cap. 119, 1853. SCHEDULE A. {See Section III) In the County Court of the County of A. B , of the Township of in the said County, states, that from the day of down to the day of he, and C. D., of tlie Township of in the said County, carried on the business of in copartnership, under certain articles of copartnership, 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 Copartnership was dissolved [or expired, as the case may &e,) on the day of yet that the said C. D. refuses 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. B. and C. D., may be taken, and the affairs and business of the said Copartnership wound up and settled under the directions of the 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. D. 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 in the premises made as may be just. Dated the day of V A. fiu in person. (Or A. B. by J. P., one, &c.) SCHEDULE B. {See Section V.) Victoria, &c., (County of To C. D. of ) Greeting : [L. S.] You are hereby summoned to appear either in person 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 fot an account of the dealings and transactions respecting a partnership between you and the said A. B. now expired, {or as the same may be, stating briejly the nature of the claim) a certifi- ed 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 572 as 16 Vict. OOUKTT OOVBTS XQUITT ACT, (o. w.) Gap. 110, 1858. as shall be just, "with reference to the claim, shall not be made. Witness, Esquire, Judge of the County Court of the County of at this day of SCHEDVLE C. {See Section XX.) Fees to be received by the Clerk and to belong to and to be paid over to the Fee Fund. Every claim filed. One Shilling and Three Pence ; Every Writ of Summons, or other Writ under the Seal of the Court, One Shilling and Three Pence ; every Order or application for Order, One Shilling and Three Pence ; every Hearing, Five Shillings, to be increased in the discretion of the Judge to a sum not exceeding Ten Shillings ; every Oath administered in Court, One Shilling ; every certificate under Seal of Court, One Shilling and Three Pence ; every Sitting in taking an account, or other Sittings, Five Shillings. SCHEDULE D. {See Section XXL) Fees to the Clerk, Receiving and filing Claim, Four Pence : every Writ of Sum- mons, 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 Affidavit other than oath in open Court, One Shilling ; every Search, Six Pence ; re- cording every final Order or Decree, One Shilling ; other Orders, Six Pence ; every Certiiicate not exceeding three folios, One Shilling ; every Special Writ, Writ of Execution or other Spe- cial Document, Eight Pence per folio ; taxing costs, One Shilling ; every attendance on reference. Five Shillings; every Verdict taken. Two Shillings and Six Pence. Fees to the Sheriff. Every Summons or Order served, including Return, Two ShiU lings and Sixpence ; every Jury sworn, Two Shillings and Six- pence ; every Execution or Judgment Order received, One Shil- ling and Three Pence; return thereof, money made or party currested, 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 exceeding the pre- sent allowance by Statute for similar services. SCUEDVLE E. {See Section XXI) Attorney and Solicitor. Instructions to sue or defend, 1\do Shillings and Six Pence; Drawing Claim, J\oo Shillings and Six Pence ; Fee on every 578 Writ 16 Yict. SEAL PBOPEBTT ACT AHEKD. (O. '&.) Gap. 121, 1868. Writ or Order, One Shilling and Three Pence ; Common Affida- vits, One Shilling ; Common Notice or Appointment, One Shil- ing ; Every necessary Attendance, Six Pence ; Special Affida- vits and other Special Documents, Eight Pence per folio : Fee on Common Motions, One Shilling and Three Pence; Copy of every paper when necessary, half the amount allowed for the Original ; Bill of Costs, One Shilling ; Postages actually paid. Counsel. Fee on Special Applications, Arguments, Hearings, &c., Ten Shillings, to be increased at the discretion of the Judge to Twenty-Jive Shillings* BEAL PEOPERTYACT, (C. W.) AMENDMENT. CAP. CXXI. AN ACT TO AMEND THE LAW RESPECTING REAL PROPERTY IN CANADA WEST, AND TO RENDER THE PROCEEDINGS FOR RECOVERING POSSESSION THEREOF IN CERTAIN CASES, LESS DIFFICULT AND EXPENSIVE. . " lAssenied to, 23rd May, 1853.] Preamble. WHEREAS doubts have been entertained as to the effect of a certain Act of the Parlia- ment of the late Province of U. C, passed in the fourth year of the Reign of His late Majesty King William the Fourth, intituled, Act of c. w. -^»* -^ci to amend the law respecting Real Properly 4 w. 4 c. 1. Qjifi iQ render the proceedings for recovering posses- sion thereof in certain cases, less difficult and expensive, so far as the same relates to Mortgages, and it is expedient that such doubts should be removed : Be it therefore declared and enacted, Sec, That it shall and may be lawful for any person entitled to or claiming under any Mortgage of Land, being Land within the defini- tion contained in the fifty-ninth Section of the Act cited in the Preamble to this Act, to make an Entry or bring an Action at Law or Suit in Equity to recover such Land, at any time within twenty years next after the last payment of any part of the principal money or interest secured by such Mortgage, although more than twenty years have elapsed since the time at which the right to make such Entry, or bring such Action or Suit in Equity, shall have firat 574 accrued : Mortgagee may nuke entry or bring siiit, at any time within twenty years flromtne last payment. )ap. 121, 1868. mmon Affida- ent, One Shil- Ipecial Affida- per folio : Fee *ence; Copy of [lowed for the itually paid. 16 Yict. SMALL OATTBES, BUMMABT DXO. (O. X.) Gap. 14, 1852. Proviso : lu to existing 8uit8,&o. accrued : Provided always, that this Act shall not be held to affect any title, possession, interest or case which may be in litigation at the time of the passing of tliis Act; any thing in the said Act to the contrary notwithstanding. ings, &c., Ten ' the Judge to SMALL CAUSES, SUMMARY DECISIONS, (C.E.) ENDMENT. ERTT IN CANADA RING POSSESSION SXPENSIVE. i May, 1853.] entertained as ;t ofthcParlia- fourth year of fourth, intituled, Beal Properly :overing posses- oensive, so far lient that such declared and ^ be lawful for ig under any Ihin the defini- Jection of the [ct, to make an lity to recover lext after the ley or interest twenty years to make such Wl have first accrued : CAP. XIV. AN ACT TO AMEND THE ACT PROVIDING FOR THE SUMMARY DECISION OP SMALL CAUSES IN CANADA EAST. [Assented to, 10th Ifovemler, 1852.] WHEREAS experience hath shewn the Preamble, necessity of introducing certain alterations in the pro visions of an Act passed in the seventh year of Her Majesty's Court may be discontinued on petition of an absolute majority of the Municlpa Ebctorsof the place- Reign, intituled. An Act to provide for the Sum- Act 7. v. c. 19. mary Trial of Small Causes in Lower Canada ; Be it there- fore enacted, &c., That on a petition signed by an absolute majority of the inhabitants of a Pa- rish, Seigniory or Township in Lower Canada, in which there now is, or in which there may then be a Court for the trial of Small Causes, and who are entitled to vote at the election of Municipal Councillors, which petition shall have annexed to it a Certificate of at least three persons residing in such Parish, Seigniory or Township, f and who shall be respectively either Justices of the Peace or LMRcers of Militia holding rank higher than an Ensign,) certi- fying that the persons signing the petition do really form abso- lute majority of the Municipal Electors residing in such Parish, Seigniory or Town.ship, the said petition praying that the Com- missioners' Court in the said Parish, Seigniory or Township may be suspended or discontinued, it shall be lawful for the Governor in Council to suspend or discontinue it; Proviso. Provided always, that after the passing of this pi-esent Act no Commissioners' Court shall be established or re-establised, unless on a petition signed by an absolute majority of the Municipal Electors of a Parish, Seigniory or Township in Lower Canada, and certified as aforesaid. 575 Small 16 Vict. SHALL CAUSES ACT AHEVSMBNT, (o. B.) Gap. 202, 1858. SMALL CAUSES ACT AMENDMENT, (C. E.) Preamble. CAP. ecu. AN ACT TO AMEND THE LAWS RELATIVE TO COMMISSIONERS' COURTS FOE THE TRIAL OP SMALL CAUSES IN CANADA EAST. [^Assented to, 14/A June, 1853.] WHEREAS for the prevention of fraud, it is expedient to make provision for the du-^ attestation of the signatures to the Petitions for the discont u ance or re establishment of Commissioners' Courts, under the Act 16 Vict. 0. 14. passed in the present Session and intituled, An Act to amend the Act providingfor the summary decision of Small Causes Signatures of in Lower Canada : Be it therefore enacted,&c.,That wvict"c."irtf ' before any Petition under the Act cited i n the Pream- Sath*.*8ucHnwhat amble of this Act, either for the discontinuance or manner. for the re-cstablishment of a Commissioners' Court in any Parish, Seigniory or Township, shall be certified by any Just- ice of the Peace or Officer of Militia, as being signed by an absolute majority of the Municipal Electors residing in such Parish, Seig. niory or Township, each signature shall be attested on oath, be- fore some Justice of the Peace residing in the County in which such Parish, Seigniory or Township shall lie, by some Municipal Elector of such Parish, Seigniory or Township known to such Justice of the Peace, in the following form, or words to the like effect : Form of oath. " I, M. N. swcar that A. B., C. D. and E. F. (" inserting the names of the parly or parties whose signature or ** signatures is to be attested,) signed the above written Petition in ** my presence ; that I am personally acquainted with him {or ** them) and know that he is (or each of them is) a Municipal ** Elector of the Parish (Seigniory or Township) of {if ** any of the signers make their marks instead of signing their « names, add,) and that the said Petition was read over distinctly ** and explained to those of the said signers who have made their <* marks thereto instead of signing their names." {Signature,) M. N. Attestation. ** Swom before me, one of Her Majesty's Justi- * ces of the Peace for the County of by M. N., {trade, ** profession or quality) who is personally known to me as a Mur " nicipal Elector of the Parish (Seigniory or Township) of *< and as a person worthy of credit, at this number of per- sons signing such Petition ; Provided always, that the signatures of different signers of any Petition may be attes- ted by different witnesses, and any number thereof may be attested by one witness, and that the mark of any person attested as aforesaid shall be counted as a signature. MUNICIPAL CORPORATE BODIES AC- QUIRING PUBHC WORKS, (C. W.) C A p. L V I I. AN ACT TO REMOVE DOUBT AS TO MUNICIPAL CORPORATE BODIES AC- QUIRING PUBLIC WORKS WITHOUT THE LIMITS OP SUCH MUNICIPALI. TIES, IN CANADA WEST. {Assented to, ZOth August, 1851.] WHEREAS in and by an Act passed in the preamble. twelfth year of Her Majesty's Reign, in- 12 vic., excited. tituled, An Act for the better management of the Public Debt, Ac- counts, Revenue, and Property, it is provided, That it shall be lawful for the Governor in Council to enter into arrangements with any of the Municipal or District Councils, or other local Corporations or authorities, for the transfer of them to any of the Public Roads, Harbours, Bridges, or Public Buildings, which it may be found more convenient to place under the management of such District or Municipal Council, or other local or authority ; And whereas it is doubtful whether, under the provi- sions of the said Act, any District or Municipal Council, or local Corporation or authority, could acquire any such Public Roads, Harbours, Bridges, or Public Buildings situate beyond and with- out the limits of such District or Municipal Council, or other local Corporation or authority ; And whereas it is expedient to remove such doubt : Be it therefore enacted, &c., That it corporations em- shall and may be lawful to and for any Municipal P^iJI'^JbHc**'' Corporation, or other local corporate body or TOads,&o..b€yond authority, to contract for, purchase, acquire and "°"*^* hold any such Public Roads, Harbours, Bridges or Public Build- ings, which, in and by the said recited Act, could lawfully be disposed of, whethet the same be situate within the limits of such Municipal Corporation, oi* other corporate body or authority, or 577 otherwise : Penalty fordsm agoa to tlio road. 14 & 16 Yiot. icmrioivix oobpobatx Bosns, (o. w.) Cap. 67, 1861. otherwise ; anything in the said recited Act to the contrary not* withstanding. II. And be it enacted, That if any person or persons shall cut, break down, or destroy in any other way any of the Gates or Toll-houses erected on any road whereon Tolls may lawfully be taken, every such person so offending, and being lawfully convicted, shall be deemed guilty of a misdemeanor, and be punished by fine and imprisonment ; and if any person or persons shall place or remove any earth, stone, or timber on any such road, to the damage of the same, or shall forcibly pars or attempt to pass any of tne Gates without having first paid the legal Toll at such Gate, such person or per- sons snail pay all damage by him or them committed, and shall forfeit and pay a fine of not more than Five Pounds, nor less than Ten Shillings, to be recovered before any Justice of the Peace of the County or United Counties, or Mayor or Chief Officer of any City, Town, or Incorporated ^'^illage, in which such Toll Gate is situate. III. And be it enacted, That the fines and for- feitures authorized to be imposed by this Act, shall be levied and collected by distress and sale of the offender's goods and chattels, under the authority of any Warrant or Warrants to be issued for that purpose by such Justice as aforesaid, or any other Justice of such County or United Counties, or Mayor or Chief Magistrate of any C"ty, Town, or Incorporated Village in such County or United Counties, who is hereby empowered to grant the same. Pen^Me^ng jv. And be it enacted. That if any person or Fines, fto., faow levied. Ined. persons shall, after proceeding on such road with any of the carriages or animals liable to pay Toll, turn out of the same road into any other road, and shall enter the said road beyond any of the said Toll-gates, without paying Toll, whereby such payment shall be evaded, such person or persons shall, for every such offence, forfeit and pay the sum of Five Shillings, to be recovered before any Justice of the Peace for the County or United Counties in which such road is situate. y. And be it enacted, That all fines and for- feitures collected under authority of this Act, shall be paid to the Treasurer of the local authorities or Companies owning the respective roads in respect of which such fines and forfeitures shall be imposed, for the use of such local authorities and Companies respectively. boSSIdton^ VI. And be it enacted, That every such local n»£ "^ corporate body or authority shall keep every such road in good and sufficient repair, and upon default thereof, shall and may be indicted at any Court of General Quarter Sessions 578 , of Fines, tc., to whom paid. 3ap. 67, 1861. lontrary not- y person or stroy in any on any road h person so Bemed guilty iprisonment ; e any earth, the same, or ^ates without erson or per- ed, and snail nds, nor less ustice of the Chief Officer ich such Toll fines and for- this Act, shall (Bnder's goods Warrants to -esaid, or any or Mayor or ed Village in mpowered to ny person or sh road with turn out of le said road oil, whereby ons shall, for Shillings, to le County or nes and for- his Act, shall r Companies ich fines and 1 authorities r such local ) every such hereof, shall ter Sessions of 16 Vict. coir. IIUKIOIFAL LOa fUKD A< (c w. Cap. 22, H52 of the Peace or other Court of Superior .lu uictian t any County or Union of Counties within or along .« bound v of which such road shall be out of repair, and upoti )>eing c >nvict- ed, the Court before which such conviction shall be htui, ^jiiall direct such local corporate body or authority to make the neces- wry repairs, for the want of which such prosecu- ,„„„„^ Uon shall have been commenced, withm such time for neglecting tiM as to the Court shall seem reasonable ; and that "*™*'" in case such repairs shall not be completed within such time, the County Council of the locality within or along the limits of which the road may be situate in part or wholly, shall and may cause- the necessary repairs to be made, and the amount expended on such repairs, together with twenty-five per cent, of increase thereon, shall andmay be recovered from the corporate body or authority owning the road, and m neglecting to make such re- pairs, by action of debt in any Court ot competent jurisdiction. VII. And be it enacted. That any person or Si^'pu^SSu persons appointed to collect Tolls at any Toll- by tine. gates in Upper Canada, who shall demand Tolls at a higher rate than is authorized by law, from any person or persons pass- ing through the same, or wilfully make any unnecessary delay in opening the same, shall incur a penalty of One Pound Five Shil- lings, to be levied in the same manner as other penalties im- posed by this Act. Vm. And be it enacted. That this Act shall Act limited, spply only to Upper Canada. MUNICIPAL LOAN FUND ESTABLISHED. (C. W.) CAP. XXII. Air AOT TO BSTABLISH A CONSOLIDATED MUNICIPAL LOAK FOND FOIL CANADA WEST. [Assented to, 10th Novemlery. 1S52.] WHEREAS it would greatly facilitate the Prewibie. borrowing, upon advantageous terms, of such sums as may be required by any County, City, Town, Township or Villa^ Municipality in Upper Canada, for effecting or aiding in effecting important Works calculated to benefit such County, 679 City, Municipalitioi tahy Imrrow money on the credit of 8uch Fund for ccrt«in purpuucH. ! ' 16 Tict. cov. innnoiPAL loiir jxrtm act, (o. w.) Cap. 22, 1862. City, Town, Township or Village, that such sums should be raised by Debentures issued upon the credit of a Consolidated Municipal Loan Fund under the management of the Provincial Government, instead of being raised upon the separate credit of each individual Municipality: Be it therefore enacted, &c., Conioiiaatcd That there shall be a Consolidated Municipal Loan JSin^'tta Fund of Upper Canada, to consist of all monevs Mtabiuhod. whicH Under this Act or any other Act shall be directed to form part of the said Fund ; and such Fund shall be managed by the Receiver General, under the direction of the Governor of this Province in Council, and the Books and Accounts thereof shall be kept in his Office. II. And be it enacted, That it shall be lawful for the Corporation of any County, City, Incorpo- rated Town, Township or Village, by By-law to authorise any sum of money to be raised on the credit of the said Consolidated Municipal Loan Fund, and to appropriate such sum or so much thereof as may be found re- quisite, to defray the expense of buikling or improving any Gaol or Court House for the use of such Municipality, or for acquir- ing, making, constructing or completing, or assisting in the making, construction or completion of any Rail-road, Canal or Harbour, or for the improvement of any navigable river, within or without the Municipaliry, but the acquisition, making or con- struction whereof will benefit the inhabitants of such County, City, Town, Township or Village, and by such By-law to declare the purposes to which the sum so to be raised shall be applied, and to make such other provisions as may be requisite for ensuring the due application of such money, and the attain- ment of the objects contemplated by such By-law ; and that it shall be lawful for the Corporation of any City or County by By-law to authorize any sum of money to be raised on the credit of the Consolidated Municipal Loan Fund, and to appro- priate such sum or so much thereof as may be found necessary to defray the cost of making or improving any Bridge, Maca- damized, Gravel or Planked Road, within or without the Municipality, but the making or improving whereof will benefit the inhabitants of such County or City, and by such By-law to declare the purposes to which the sum so to be raised shall be applied, and to make such other provisions as may be requisite for ensuring the due application of such money, and the attain- ment of the objects contemplated by such By-law. How aMunid- 1. By any such By-law it may be provided that [?" ny'^xK.'^' the assistance of the Municipality shall be granted taking. towards making, constructing, or completing any such Rail-road, Bridge, Macadamized, Gravel or Planked Road Canal or Harbour, or towards the improvement of any naviga- Ti '680 ' ble What proviitions tho Uy-liiw must oontain. 16 Vict. ooK. ^u»toii>iLL Wik¥ vvso Axyt, (o. w.) Otp. 22, 1862. bl*^ river, either by suhiK^rilHiig orfl beh^f of the MunicipAlity for Stocic in any Company iiicorporatttd for making, construct^ ing or oompletmg the same, or by loaning money to such Company, or any Board of Commitwioners incorporated tor any of the above purposes, in which case the security to be talcen from the Company or Board of Commissioners, and the other terms of the loan shall be mentioned in the By-law. 2. The By-law shall recite that the loan is to be raised under the provisions of this Act, and shall express the term for which the loan is required, which shall not in any case exceed thirty years, nor be less than five years. 8. If the By-law be passed by a County Council Furthm* r^^^ the principal and interest of the loan shall be pay- 2y\ , ' " ' able by all the Townships, Towns and Villages in the County, and the County Treasurer shall in cp apportion the amount to be paid by each, accordir,^^ ^o fne amount of property returned upon the Assessment Rolls of such Townships, Towns and Villages respectively, for the financial year next preceding that for which the apportionment is to be made. To be published before pasHing. 4. Such By-law, or every material provision thereof, shall be published for the information of the Rate-payers, for at least one month before the final passing thereof, in some newspaper published weekly or oftener, within the territorial jurisdiction of the Municipality, or if there be no such newspaper published within such jurisdiction, then in some newspaper published in the place nearest to such jurisdiction, and also by posting the same up in at least f'>ur public places in the Municipality, (and if it be a By-law of a County Council then m each Municipality in such County) with a notice, signed by the Clerk of the Municipality in the Council of which the By-law originated, signifying, that it is a true copy of a By-law which will be taken into consideration by the Council of the Municipality after the expiration of one month from the drst publication thereof In such newspaper, (the date of which first publication shall be mentioned in such notice,) and that on some day and at some hour and place, (or if the Meeting be for a County By-law, place.s,) named in the notice, and which shall have been previously fixed by the said Council, such day not being less than three weeks, nor more than four weeks after such first pubiicatiori a General Meeting of the General meutings qualified Municipal Electors of the Municipality, °' ''^•■'■*"'''- (or of the severnl Municipalities within the County,) will be held for the purpose of considering such By-law, and approving or disapproving the same. 581 5. 16 Vict. cow. MUNICIPAL LOAN FUND ACT, (o. w.) Cap. 22, 1852. Proceedinf^ at such meeting. A poll may be demanded. 5. On the day and at tho hour and place (or places) appointed by such notice as aforesaid, the qualified Municipal Electors, or such of them as choose to attend the Meeting, shall take the said By-law into considera- tion, and shall approve or disapprove the same ; and at such Meeting the Mayor or Reeve of the Municipality in which it is held shall preside, or in his absence some other Member of the Council of such Municipality to be chosen by the Meeting, and the Clerk of such Municipality shall act as Secretary ; and it shall be the duty cf the said Clerk to have with him the Assess- ment Rolls of the Municipality then in force, or certified copies thereof: The only question to be determined at such Meeting, shall be whether the majority of the Municipal Electors present thereat, do or do not approve of the said By-law ; and when the question has been put, the person presiding shall declare whether in his opinion the majority is for the approval or dis- approval of the By-law, and his decision if not forthwith appealed from, shall be final, and it shall forthwith be communicated to the Council of the Municipality which originated the By-law, by a certificate under the hand of the Secretary of the Meeting. 6. Any six duly qualified Municipal Electors present at any such Meeting may appeal from the decision of the person presiding, and demand a Poll, and such Poll shall be granted by the person presiding at the Meeting, and shall be immediately taken by him, the Clerk of the Municipality acting as Poll Clerk : each Elector shall then present himself in turn to the person presiding, and shall give his vote "yea" or "nay,'* the word •' yea" meaning that he approves the proposed By-law, and the word ** nay" that he disapproves the same : — but no person's vote shall be received unless he appears by the Assess- ment Rolls to be a duly qualified Municipal Elector. Adjournment 7. The pcrsou presiding may, if necessary, rf Poll. adjourn the Poll at sunset on the day of meeting, until ten o'clock in the forenoon of the following day, not being a Sunday or statutory holiday, when the Poll shall be continued as on the first day, but shall be closed at sunset of such second day : — it shall be closed at any time on the first or second day if one half hour shall elapse without a vote being offered. 8. At the close of the Poll the person presiding shall count the " yeas " and the " nays," and ascer- tain and certify for the information of the Council which origi- nated the By-Law, whether the majority is for the approval or disapproval of the said By-Law ; and such certificate shall be countersigned by the Clerk of the Municipality acting as Secre- tary of the Meeting and kept by him, with the Poll List, among the records of his office, and a duplicate thereof transmitted to 582 the aose of the Poll. Cap. 22, 1852. and place (or aforesaid, the as choose to nto considera- ; and at such in which it is lember of the Meeting, and etary ; and it im the Assess- ertified copies such Meeting, Bctors present md when the shall declare proval or dis- with appealed imunicated to he By-law, by e Meeting. cipal Electors )peal from the 'oil, and such Meeting, and Municipality mt himself in I ea" or "nay,'' )osed By-law, me : — but no y the Assess- if necessary, f of meeting, ly, not bemg be continued such second second day )ffered. ?on presiding ," and ascer- which origi- approval or ;ate shall be ng as Secre- List, among msmitted to the By-law of a County Council. 16 Vict. CON. MUNICIPAL LOAN FUND ACT, (o. w.) Cap. 22, 1852. the County Clerk if the By-Law originated with a County Coun- cil. 9. If the By-Law to be considered be a By-Law of a County Council, the meeting to consider the same, or the poll of the electors, shall not be held for the whole County at one place, but such meeting or poll shall be held in each of the several Municipalities of such County respectively ; and the question whether the By-Law shall be approved or dis- approved, either by the majority of the total number of electors voting **yea" or " nay," in the whole County, or by the majority of votes of Municipalities approving or disapproving of the same, giving to each Municipality one or two votes, according as it is by Law authorized to return a Reeve or a Reeve and Dep- uty Reeve to the County Council of such County, in which case each Municipality shall be held to have voted for the approval of the By-Law, if the majority of Electors voting at the Meet- ing held therein shall have voted " yea," and to have voted for the disapproval thereof if the majority of such Electors shall have voted " nay ;" and each such County Council shall make a By- Law to provide which of the two modes of decision shall be adopted, and shall also thereby declare the manner in which the decision of each Municipality, or of the electors thereof, shall be made known to the County Clerk. 10. If such By-Law be disapproved by the ma- jority of the Electors (or of the Municipalities) as aforesaid, the Council shall not proceed to pass the same, but if it be approved by such majority, and afterwards passed by the Council, then such By-Law, and all the provisions thereof shall be subject to the approval of the Governor in Council, and shall have no force until such approval shall have been if approved: given ; but shall not be subject to the special pro- Governor Gene- visions made by the Upper Canada Municipal Cor- ^ *° approve. E orations Act of one thousand eight hundred and forty-nine, or y any Act amending the same, concerning By-Laws creating debts, or to any provisions or formalities, except those prescribed by the said Acts with regard to By-Laws generally, and those proscribed by this Act ; and every such By-Law, when submit- ted to the Governor in Council for his approval, shall contain a recital that it has been approved by a majority of the duly qua- lified Municipal Electors (or of the Municipalities) of (or in) the Municipality, at a meeting (or meetings) called and held in con- formity to the requirements of this Act, and such recital shall for all the purposes of this Act be conclusive proof of the facts therein stated, nor shall any such By-Law, or anything done un- der it, be invalidated by any error of fact or incorrectness in such recital ; but this provision shall not affect the responsibility of 583 those If disapproved: 16 Vict. OOK. MUiriQIPAL LOAIf TVVJ> ACT, (o. w.) Cap. 22, 1852. those who may have wilfully concurred in any mis-statement of fact in such recital. Information to be ^^* S®^^'® such By-Law shall be approved by flirniBhedtoQov. the Govemor in Council, proof shall be made to his ^°*"'' satisfaction, that the By-Law was published and notice given as hereinbefore required, and he shall be furnished with a statement certified under path by the Treasurer of the Municipality, shewing the amount of taxable property therein according to the then last Assessment Roll or Kolls, and a true account of all the debts and liabilities of the Municipality and of its expenditure for every purpose, for the then last year. Governor in ^^' "^"^ ^ ^^ enacted. That it shall be lawful Council may de- for the Govemor in Council to require from the ^ttt^frJm'*' Municipality by the Coupcil whereof any such By- the Municipality. L^^ ghall have been passed, all such docun^ents and information as he may think necessary for ascertaining the expediency or inexpediency of such By-Law, or any of the pro- visions thereof, and the same shall be furnished accordingly by the proper Officers of such Municipality, and no such By-Law shall be repealed, amended or altered, otherwise than by another By-Law approved in like manner by the Governor in Council^ and to which all the provisions of this Act shall apply, as to the original By-Law. Eeceiver General ** ^® ^^^^ ^^ *^® By-Law shall have been ap- toissueDeben- provcd as aforcsaid, it shall be lawful for the Re- *"*"' * ceiver Greneral to raise by loan, by Debentures issued by him upon the credit of the saia Consolidated Munici- Eal Loan Fund, a sum of money not exceeding that authorized y such By-Law, and to pay over such sum to the Treasurer of the Municipality, or to deliver to him, or to his order, Debentures secured upon the said Fund to a like amount, or to pay part of such sum in money to the Treasurer, and to deliver to him De- bentures for part ; and in any case, he shall enter the amount for which Debentures are issued and delivered, to the Debit of the Municipality as so much due by it to the said Fund : 2. The principal and interest of the Debentures so issued may be made payable at any place with- in or without this Province in currency or in sterling money or in the currency of the place where they shall be made payable ; and such Debentures shall be in such form as the Gk>vernor in Council shall direct, subject to the following provisions : How worded. 3. They shall express upon their face that the Provincial Government undertakes to pay the principal sum men- tioned in them and the interest thereon, out of the monies form- ing part of the said Consolidated Municipal Loan Fund, and out of no other monies or funds whatsoever : 584 ' % Where payable and form of. JO Vict. OON. MUirtOiPAi. LOAir ruBTj) ACT, (o. w.) Cap. 22, 1852. To be for even] sums. 4. The principal shall be made payable at the to conform with time provided by the By-law, and the Debentures By-ia^s. shall contain no provisions inconsistent with the By-law by which the loan is authorized, and tLey shall contain all such provisions as may be necessary to carry out the intentions of such By-law : 5. The rate of interest upon them shall in no Rate of interest. case exceed six per centum per annum, and such ""{^^""'^L interest shall be made payable half yearly on such ^ ° ''"^ days in each year as shall be therein apppointed for the purpose; but if any Debenture be issued within three months next before any such day, then the first interest thereon may be made paya- ble on that one of the half yearly days which shall come next idlter the expiration of three months from the date of its issue : 6. They shall be for even sums of money, and no Debenture shall be for a less sum than twenty- five pounds, or the equivalent thereof. 7. They shall contain such conditions as the ^^ contain pro- Governor shall from time to time, by order in J*,**°"hemki*^" Council, direct to be inserted therein, as to the right * ^™ ^^' of the Receiver General to call such Debentures or any of them in for payment before the time therein absolutely appointed for the payment of the principal, — the manner in which they shall be so called in, — and in which it shall be determined which of such Debentures shall be so called in at any time, if they be not all called in at the same time ; and no interest shall be payable upon any Debenture which shall have been called in according to such conditions as aforesaid, for any period after the day on which it shall have been required to be presented for payment, which day shall always be one of those on which interest is pay- able on such Debentures ; and this forfeiture of interest in the case last mentioned shall be expressed on the face of the De- benture. 8. It shall not be necessary that any Debenture should show upon what By-law or with reference to what Municipality it was issued, but each Debenture shall be distinguished by a number by which it shall be known and re- ferred to. 9. The Governor in Council may direct that Exchanging any such Debentures may on the application of the ^'«*^«'^*'"*^- holders thereof be exchanged for another or others for the same amount of principal, payable absolutely at the same or any later date, and bearing the same or any less rate of interest. 10. The said Debentures shall be held to be De- J^S^ment^ bentures issued by the Government of this Prov- Debentures. Debentures to bo numbered. ince through the Receiver General thereof, within the meaning 585 Hi 16 Vict. OOK. MUNICIPAL LOAK FUKD ACT, (o. w.) Cap. 22, 1852. of the Act to establish freedom of Banking, or any Act amending the same, and of the Act to exempt the several chartered Banks from the tax on their circulation on certain conditions, and shall be available accordingly for all the purposes of the said Acts or either of them, and any monies which are by law directed to be invested by or under the directions of the Governor in Council, may be invested in such Debentures. Advances to the IV. And be it enacted, That it shall be lawful the*uppo?cauada ^^^ ^^c Govcmor in Council from time to time, and Building Fund, when it shall be necessary to enable the said Con- solidated Municipal Loan Fund, to meet the charges upon it, to direct the Receiver General to advance to the said Fund, out of any unappropriated monies forming part of the Fund arising out of monies levied or to be levied under the authority of the Act passed in the session held in the 13th and 14th years of Her Majes- ty's Reign, and intituled. An Act to provide funds for defraying the cost of the erection of the Lunatic Asylum and other Public Buildings in Upper Canada^ and known as the Upper Canada Building Fund, such sum as may be deemed expedient, and in Hke manner to direct the repayment of such sum from the said Consolidated Municipal Loan Fund to the said Upper Canada Building Fund. Ao(!Ounttobe kept by Receiver Geneml with the Huuicipality. V. And be it enacted, That the Receiver Gen- eral and the Treasurer of the Municipality, shall respectively keep a correct account between the Municipality and the said Consolidated Municipal Loan Fund, debiting the Municipality with the principal of each Debenture issued for its purposes, and with the interest thereon as the same becomes due, and any other expenses or liabilities incurred by reason of such Debentures, and crediting it by the sums paid over to the Receiver General to meet such principal and interest, by the proportionate share of the Municipality in the proceeds of any monies forming part of the Sinking Fund hereafter men- tioned and invested by the Receiver General, and by any other sums received by him on account of the Municipality ; and it shall be the duty of the Receiver General, three months before each day in each year in which interest or principal will be pay- able on the Debentures issued for the purposes of any Munici- pality, to notify to the Treasurer thereof, by letter sent by Post, the sum which he will, under the provisions of this Act, be re- quired to pay over to the Receiver General by reason of such Debentures, which sum it shall be the duty of such Treasurer to pay over accordingly ; bat the failure on the part of the Receiver General to give such notice shall not affect the obligation of the Treasurer or of the Municipality, to pay over such sum at the time when it ought to be so paid over. 586 % Cap. 22, 1852. Act amending artered Banks tions, and shall le said Acts or directed to be or in Council, ikall be lawful ne to time, and e the said Con- -ges upon it, to d Fund, out of md arising out •ity of the Act ; of Her Majes- for defraying i other Public Jpper Canada eidient, and in from the said Jpper Canada Receiver Gen- i'cipality, shall between the Loan Fund, ich Debenture m as the same s incurred by urns paid over interest, by proceeds of ereafter men- by any other ality; and it lonths before il will be pay- any Munici- sent by Post, s Act, be re- ason of such Treasurer to the Receiver ei 16 Vict. CON. iiiTKioiFAL LCAW FUND ACT, (o. w.) Cap. 22, 1862. 1. The sum to be so paid at any time by the Payments to be Treasurer for his Municipality shall be at the rate at the rate of a _r . 1 . . r J per cent, per an- 01 eight per centum per annum on the amount of numontheLoan, the Debentures issued for the Loan in respect of *"• which the payment is made, for the period of which the pay- ment shall relate, and such further sum as may be payable on the day in question for or on account of the principal of such Debentures, less such sum applicable to the payment of such principal as may then stand at the credit of the Municipality in account with the said Fund : and such payments shall continue to be made until all such Debentures shall be paid off in princi- pal and interest, or until there be a sufficient sum at the credit oif the Municipality to pay off *he same. 2. If the Treasurer shall have any of such De- f°iX^^moSey. bentures in his hands as the property of his Muni- cipality, then the prope*- Coupons for interest on such Debentures may be taken from him by the Receiver General as money. 3. The difference between the said rate of eight sh.wing Fund 6!r cent and the actual interest payable on the whatShiiTOn- ebentures, and all other monies which shall come sist. into the hands of the Receiver General as part of the said Fund, and shall not be required to pay the interest of Debentures chargeable upon it, shall form a Sinking Fund, and shall be from time to time invested by the Receiver General under the direc- tion of the Governor in Council, and the amount thereof shall, with the proceeds of such investment (which shall also form part of the said Sinking Fund) be applied under such direction as aforesaid, to the redemption of Debentures issued on the credit of the said Municipal Loan Fund; and eachMu- share of each nicipality shall be credited with a share of the said gj^iin ^Fund" Sinking Fund equal to the amount of the sums it shall have paid into the same, and with a share of the proceeds of any part of the said Fund invested by the Receiver General proportionate to the sums it shall have paid into the same and the time during which such sums shall have remained in the said Sinking Fund, and such share shall be accordingly applied to the redemption of the Debentures issued for the purposes of such Municipality : and each Municipality shall be debited with all sums paid out of the said Sinking Fund on its account. Certain payments may be made out of it. gation of the sum at the L 4. It shall be lawful for the Receiver General to pay the interest on any Debenture out of the said Sinking Fund, if in any case the other monies at his disposal for the purpose shall be insufficient, repaying the amount so paid with interest, to the said Sinking Fund, out of the monies which would otherwise be applicable to the payment of such interest so soon as the samp, shall come into his hands. 587 5. 16 Vict. CON. MUNioiFAL LOAU rusTD lOT, (o. w.) Cap. 22, 1862. ill! DutyofthoTreas< nrer and Officers of the Munici- palit,v alter the passing of any ■uch Bylaw in levying money to meet payments to be made in oonsequonce thereof. Sg'jSiof'it™" 5. It shall be lawful for the Receiver General may^soid. from time to time to sell, pledge or otherwise dis- pose of any securities in which any part of the Sinking Fund may have been invested in case it shall be necessary so to do in order to enable him to pay any sum which is hereby made pay- able out of the said Sinking Fund. Vf. And be it enacted, Thrit whenever a By- law authorizing the raising of money by loan, un- der this Act, shall have been passed by the Coun- cil of any Municipality, and approved by the Governor in Council, the Tressurer of such Muni- cipality shall ipsofactOt and without requiring any other authority or direction whatever, have full power, and it shall be his duty, before the making out of the or- dinary Collectors' Ro?'3 in each year, if the By-law shall then be in force, and if not, then at least three months before the earliest day on which interest can be payable on any Debenture issued under such By-law, to ascertain the highest sum which can be required during the year, to pay the interest (and the principal if any be payable,) on or of Debentm'es issued or to be issued under such By-law, and to add five per centum thereunto for losses and expenses, and to certify the amount in a notice to the Clerk of the Municipality, or if such Municipality be a County, then to certify to the Clerk of each Township or Incorporated Town or Village therein, the portion payable by the same ; and it shall be the duty of such Clerk to assess the amount so certified equally upon all the taxable property in his Municipality, and to set down on the ordinary Collectors* Roll for the year, if it shall nc^ have been previously delivered to the Collectors, the amount with which each party or lot is chargeable, under the head of " Loan Rate for {naming the purposey^ or "County Loan Rate for (naming the purpose,)" as the case may be ; and if such amount shall be so certified to any such Clerk after the time in any year when the CoUectors' Rolls shall have been delivered to the Collectors, then such Clerk shall forthwith make out a special Collectors' Roll for the purpose in the form prescribed for ordina- ry Collectors' Rolls, so far as such form may be applicable, and Proviso. shall deliver the same to the Collector : Provided Always, that if there be in the hands of the Treasurer at the time of his giving such notice as aforesaid to the Clerk of the Munici- pality, any monies applicable to the payment of the principal or mterest of the Debentures to which such notice refers, then the Treasurer may deduct such sum from that to which the notice refers before adding the five per cent thereto ; and provided also, that if the purpose for which the loan is raised be such as to produce profit or to yield returns in money to the Municipality, or if the money be loaned by it so as to produce interest, or if the 588 capital Proviso. If the money borrowed be so invested as to produce returns. Cap. 22, 1852. seiver General otherwise dis- Sinking Fund iry so to do in iby made pay- lenever a By- »y by loan, un- . by the Coun- rove'l by the of such Muni- ; requiring any /er, have full out of the or- f shall then be re the earliest benture issued which can be he principal if e issued under > for losses and the Clerk of unty, then to ated Town or lind it shall be •tified equally and to set if it shall not the amount the head of ity Loan Rate and if such the time in 1 delivered to } out a special 3d for ordinar )plicable, and or: Provided ir at the time the M unici> principal or rs, then the I the notice rovided also, n is raised be 1 returns in J money be t, or if the capital 16 Vict. CON. MTJSnCIPAL LOAN FtJIH) ACT, (o. w.) Cap. 22, 1852. capital be reimbursable to the Municipality, then it shall be law- ful for the Treasurer and the Mayor, or Head of such Munici- pality to eiitur upon the Books of the Corporation, a Certificate signed by them in the form of the Schedule A. setting forth that there ought to be paid to the Municipality during the course of the year, such dividends or profits {describing them) or such in- terest or sums of money {mentioning the amount) or both {as the case may &e), and that the said Treasurer and Mayor have reason to believe and do believe that the sums which will, from the said sources, come into the hands of the Treasurer during the year, vill amount to the sum of {naming it) and the Treasurer may then deduct the sum mentioned in such Certificatf' from that to which the notice refers, before adding the five per cent as afore- said, or if the sum mentioned in the Certificate be as great or greater than that to which the notice would refer, then no notice shall at that timi; be given to the Clerk or Clerks of the Munici- pality or Municipalities concerned. 1. If the nett sum raised by any such rate as last aforesaid be greater than that required to enable the Treasurer to pay the Receiver General, the surplus shall remain ih the hands of the Treasurer and be applicable to payments to be made to the Receiver General for the. next ensur i ig year, on account of the same loan; and if if there be a the nett sum raised be insufficient to enable the '^^'^c^ency. Treasurer to pay the required sum to the Receiver General, then anew assessment shall be made as hereinafter provided in cases of deficiencv. If any surplus bo raised. All profits flpoitt works, Ac, to ^ to the said Fuul ^ 2. All sums of money coming to the Municipal- ity as the said proHts, dividends or returns from any work from which the loan shall have been authorized, or as interest or principal of any Fum lent by the Municipality out of such loan, or otherwise howsoever by reason of such loan, shall be paid into the hands of the Treasurer and by him carefully kept apart from all other monies, and paid over from time to time to the Receiver General, to be by him placed to the credit of the Municipality with the said Consoll*. dated Municipal; Loan Fund, except in so far as it shall be otherwise especially provided in the By-law authorizing such .oap 3. If it shall happen that the sum which ought under this Act to be paid over at any time by the' Treasurer of any Municipality to the Receiver General, or any part of such sum, shall not be so paid over, and the Treasurer shall not have money in his hands applicable to the same, or if It shall happen that the Treasurer shall foresee that he wili not 589 hare Proceeding for levying money in case the Trea- surer shall not have fUnds to make his pay- ments to the Receiver Gentrak / 16 "Vict. CON. MUNICIPAL LOAN FUND ACT, (c. w.) Cap. 22, 1862. have the metans of paying over such sum or part thereof to the Receiver General, at the time when it ought to be so paid over, then in either case it shall be the duty of such Treasurer forthwith to add five per centum to the sum wanting fur such purpose, and to certify the same to the Clerk of his Municipality, or if such Municipality be a Cornty, then to certify to the Clerk of each Township or Incorporated Town or Village therein, the amount payable by the same, and it shall be the duty of each Clerk re- ceiving such notice forthwith to make out a Special Collectors* Roll for the amount so certified to him, and to deliver the same to the Collectors. Interest to bo diaivci to Muni' cipaiity ia dc&ult. 4. If any sum payable as aforesaid at any time by any Treasurer to the Receiver General, be not so paid at such time, interest shall by the Receiver General be charged on such sum for the time it shall remain unpaid, against the Municipality in account v/ith the said Con- solidated Municipal Loan Fund, and deducted from the share of such Municipality in the Sinking Fund, Moneys to bo 5. The sums entered in any Collectors' Roll by Sis iilien' any Clerk of a Municipality shall be collected and levied, and payment thereof secured and enforced in like manner and under the same provisions as other Munici- ?al taxes, but the nett proceeds thereof shall be applied by the 'reasurer solely to the purpose for which they are directed to be raised. VII. And be it enacted. That if any sum of money which ought under this Act to be paid by the Treasurer of any Municipality to the Rieceiver General, shall remain unpaid during three months or upwards after it ought to have been so paid, then upon the certiticate of the Receiver General that such sum is so due and unpaid, and since what day it has been so, it shall be lawful for the Governor to issue his Warrant to the Sheriff d[ the County reciting the facts, and commanding him forthwith to levy such sum by rate, with interest from the said day and all costs, and to pay over the said sum and costs to the Receiver General, and the said Sheri£f shall obey the said Warrant and levy the sums therein mentioned in like manner and within the same delay as he would levy the same if it had been recovered against the Municipality under a judgment of the proper Court of law, and a Writ of Execution had issued thereupon directed to him and commanding him to levy the same by rate, and shall pay over the nett proceeds to the Receiver General; and tlw costs allowed to ti.e said Sheriff for executing the said Warrant shall be the same as those to which he would be entitled for exe- uting a Writ of Execution for a like sum. 6»0 VIIL W«r»nt to the BheriiT to levy upon Munici- pality in defoult more than three months. \ \ 10 Vict. COK. MUNICIPAL LOAW FCXD ACT, (c. "W.) Cap. 22, 1852. VIII. And be it enacted, That after any Munici- Further rtr>H not pality shall shall have borrowed any money under witLuTsanction this Act, it shall not be lawful for such Municipal- ^SciT""" '" it' to contract any further debt without the consent and approval of the Governor in Council, until ali debts contracted by it under this Act shall be wholly paid off. IX. And be it enacted, That this Act and all Operation of Act; the provisions thereof shall extend and apply to any Loan authorized by any By-law of any Municipality, passed or to be passed before this Act shall come into force, for the purpose of aiding in the construction of any Rail-way for the making of which any Company is now incorporated, or shall be under any Act passed or to be passed during the present Session whether such assistance be given by taking Stock in such Com- pany or by loaning money to it, and also to any Loan authorized by any By-law of any Municipality, passed or to be passed before this Act comes into force, authorizing the raising of any Loan for the purpose of erecting, repairing or improving an\ County building or buildings: Provided always that such Loan shall not have been negociated by the Municipality under suca By-law. X. And be it enacted, That the word " Trea- interpretation. furer," in this Act, shall include the Chamberlain of any*City ; the word " Mayor" shall include the Warden of any County, and the official title of any Officer shall include any person by whom his duties may be legally performed ; and that this Act shall apply only to Municipalities in Upper Canada. i: 1:1 SCHEDULE A. RBPERRED TO IN SECTION VI, ON PAGE 589. CERTIFICATE OF TREASURER AND MAYOR, OR HEAD OF A MUNICIPALITY. Municipality of the Township of We certify to all whom it may concern. That out of the Loan raised under the By-law, Nc. , intituled, " {JHtk of By-taw^y on the credit of the Goii'soudated Municipal Loan Fund, there has been invested the sum of in shares of the stock of the Bytown and Prescott Railroad Company {or as the case may be) ; that this Municipality now holds the said shares ; that there ought to be paid dividends thereon during the present year, and that we have reason to believe and do believe that there will be paid into the hands of the Treasurer, as and for such dividends, before the thirty-first day of December now 591 next. 16 Vict. cow. MTjinoipAL Tjmm A.man>., (o. yr.) Cap. 128, 1858. next, the sum of which sum, we think, ought therefore, under the provisions of the Act passed, &c., {title and date of this Act,) to be deducted from the feum whirh ought otherwise now to be raised on the taxable property in this Muni- cipality in order to enable the Treasurer to meet the payments which he is to make to the Receiver General during the present vear, on account of the said Loan. Witness our hands this day of Signatures, 18 A. B., Treasurer. C. Dm Mayor. CONSOLIDATED MUNICIPAL LOAN FUND AMENDMENT, (C. W.) Preamble. CAP. CXXIII. AN ACPTO EXPLAIN AND AMEND THE ACT INTITULED, AN ACT TO ESTABLISH A CONSOLIDATED MUNICIPAL LOAN FUND IN CANADA WEST. [Assented to, 2nrd May, 1863.] WHEREAS it was intended that the ninth T^t- tion of the Consolidated Municipal Loan 16 V. c. 82. Fund Act should apply to By-laws passed or in course of being passed before said Act came into force for the pur- pose of aiding in the construction of any Rail-way, or for the im- provement of any navigable river or other such work as provided for by the said Act : Be it therefore enacted, &c., That the ninth Section of the Act aforesaid shall be held to ■aid AcUo apply include any By-law for any of the purposes men- ^Sw^fAg. tioned in the preamble to this Act which was passed before the said Act came into force, or -which ban been passed since the said Act cime in force, but at the daie of such Act was in the course of be.ng passed. Copy of such By'law to be ■ent to Receiver General. IL That befoie any such Municipality shall re- ceive or be enl itled to receive any money to be raised under the above recited Act, a true copy of the By-law under which the money is to be r£iised. together with affidavits of the Treasurer and Clerk of the Municipality verify- ing the same and such other iilfbrmeitioh as the Governoi' in Council mav require, shdll be transmitted to the Receiver G^ner&I. '592 m. Cap. 128, 1858. ) think, ought &,c., (title and which ought y in this Muni- the payments ng the present N FUND !T TO ESTABLISH A WEST. May, 1863.] ; the ninth P«^c- unicipal Loan passed or in ce for the pur- or for the im- Jc as provided hat the ninth be held to urposes men- which was nto force, or force, but at ised. ality shall re- money to be I trtie copy of together with iaiity verify- Governoi* in Lvei' Generic]. m. 16 Vict oo». MUinciPAi ITHTD 111X51)., (o. w.) Cap. 123, 1853. If tho Ry.tew bo All Dobontures Isaued under such By-law to be dopositcd with Receiver Oeneml before aiw new ones shall issue. IIL That if the Governor in Council shall approve of such By-law, it shall not be necessary ^'Clj^K to impose or levy annually the sum or rate per impowd or levied pound which may have been fixed in such By-law to pay the principal and interest of the Loan, but such sum only shall be levied and collected, as may be necessary under the pi-ovisions of the sixth Section of Uie said in part recited Act, and all proceed- ings in connection with such Loan and By-law or for the recov- ery of any sum of money which ought to be paid thereunder, may be had and taken as if the said By-law had been passed for the purpose of raising money under the said in part recited Act and after the same came into force. IV. That all Debentures which have been or can be issued under the authority of such By- laMTs as are referred to in the iirst Section of this Act, shall be deposited with the Receiver Greneral before the Municipality shall be entitled to receive any of the money to be raised under any such By-law, and upon payment by the Municipality of the whole amount which shall be payable in respect of the said Loan, such Debentures shall be cancelled and destroyed in such manner as the Governor in Council shall direct; Provided always, that the Proviso. money to be raised under any such By-law shall be paid by the Receiver General only on the joint order of the Head of such Municipalty and the President of the Company entitled to receive the same : Provided also, that when any Proviso :aa to such By-law shall have been passed by the Council ^'SioMof^ of any Union of Counties, and such Union shall cities. at any time be dissolved after the passing of such By-law, the several Counties of which such Union of Counties was composed shall continue to be liable in respect of the Loan raised under such By-law as fully and effectually to all intents and purposes as if such Union had not been dissolved, and the Sheriff of the Senior County shall have power within every county which at the time of the passing of such By-law formed part of such former Unions of Counties, to levy any rate which he may be required to collect under the seventh Section of the said in part recited Act, in the same manner as if such Union of Counties had not been dissolved: Provided also, that in Proviso. case of any dissolution of a Union of Counties as aforesaid, the order hereinbefore mentioned shall be signed by the Head of the Municipality of the Senior County of such former Union. V. And be it enacted. That no informality or ir- regularity in any such By-law or in the proceedings relative thereto anterior to the passing thereof, shall in any way affect the validity thereof after the Governor in Council shall have approved such 503 18 No informality to affect the validity of the By-law when onco approved by Governor in CooucU. By-law. 12 Tict LAW BE8FZCTI50 CO-PABTNIBSHIPfl, (O. S.) Cl^. 4S, 1840. By-law, but th« order in Council approving such By-law shall be held to cover any such informalitv or irregularity, and the By- law shall be valid to all intents and purposes, and proceedinst may be had for enforcing the payment by the Municipality the Council whereof passed such Bv-law and by the inhabitants thereof under the provisions of tne Act hereinbefore in part re- cited, as if the By-law had been passed after the said Act and all the requirements thereof had oeen complied with in regard fosuch By-law. wht'ui^^'^ VI. Nothing herein contained shall be held to havil'boen widT* authorize the raising of any Loan under the said '^^'' Act, when such Loan shall have been negociated or the Debentures issued therefor sold to any party before the passing of the said Act. Act extended to YII. And be it cuacted. That it shall be lawful iuMiyto?Gi'™ for the Corporation of any Incorporated Town in '^yTWn!" Upper Canada, to authorize any sum of money to be raised on the credit of the said Consolidated Municipal Loan Fund, and to appropriate such sum, or so much thereof as may be found requisite, to defray the expense of erect- ing and maintaining Gas or Water works, or both ^limkOT^mai. within and for the use cf such Town, or for con- iSn^t^S** structing or aiding in the construction of any Plank Roads, or Macadamized Roads, the making of which will benefit the inhabitants of such Town, in the same manner and to the same eflfect and under and subject to the same provisions and the observance of the same formalities as are attached to the raising and appropriation of any sum of money to any other purpose in and by the said Act cited in the preamble to this Act and by this Act. LAW RESPECTING CO-PARTNERSHIPS, AND . COMPANIES, ETC, (C B.) CAP. XLV. A^ VCT TO FACIUTATE ACTIONS AGAINST PERSONS A880CUTBD POB COM- MEBCU T. PUBPOSBS, AND AGAINST UNINCOBH-aATlD COMPANIES. [Assayed to, 90th May, 1840.] WHEREAS difficulties exist in bringing Actions against persons associated as Partners for trading purposes, or agsunst unincorporated Companies or Societies formed for like 594 purposes, ) G^. 48, 1940. h Bj-Iaw shall Ity, and the By- nd prooeedioBt [unicipality the ;he innabitantB fore in part re- B said Act and with in regard ihall be held to under the said een negociated irty before the (hall be lawful rated Town in im of money to d Consolidated im, or so much ;pense of erect- works, or both m^ or for oon- iction of any ds, the making Town, in the ind subject to ime formalities oi any sum of ct cited in the IPS, AW) [ATED FOB COM- OOlfPANIES. i May, 1840.] :tions against purposes, or rmed for like purposes. 12 Vict LAW BESPEOTINO C0-PABTKEB8HIPS, (O. £.) Cap. 45, ISiO. purposes, by reason of the difficulty for parties doing business witn such Fartnerahips, Companies or Societies, to ascertain the names, surnames, residence and addition of all the persons so asAu- ciated as aforesaid, and great experjie and inconvenience are thereby incurred : Be it therefore enacted by the Queen's Most Excellent Mf^esty, by and with the advice and consent of the Legislative Council and of the Legislative Assembly of the Province of Canada, constituted and assembled by virtue of and under the authority of an Act passed in the Parliament of the United Kingdom of Great Britain and Ireland, and intituled, An Act to re-unite the Provinces of Upper and Lower Canada, and for the Government of Canada, and it is hereby enacted by the authority of the same, That all persons associated in Partner- ship for trading purposes in Lower Canada, shall cause to be delivered to the Protnonotary of the Court of Civil Jurisdiction, in each District, and to the Registrar of each County, in which they shall carry on business, a declaration in writing, signed by the several members of the said Copartnership, when all such members shall, at the time of making the same, be in the said Province ; and if any of the said members be absent at the time, then by the members present, in their own names and for their absent co-members, under their special authority to that effect, and containing the names, surnames, addition and residence of each and every Partner as afores£ud, and the name, style or firm under which they carry on or intend to carry on such business, and stating also the time during which the Partnership has existed, and declarii^ that the persons therein named are the only members of such Partnership ; and such declaration shall be filed within Sixty days after the passing of this Act, if such Partnership shall have been or shall be formed before the time when this Act shall come into force and effect, and within Sixty days after the formation thereof if it shall be formed after the said Act shall come into force and effect ; and a like declaration shall be filed in like manner when and so often as any change or Alteration shall take place in the members of such Partnership, or in the name, style or firm under which they intend to carry on their business — under a penalty of Fifty pounds against each and every member of any Partnership with regard to which the requirements of this section shall not have been complied with, to be recovered before any Court having jurisdiction in civil cases to the amount of such penalty, by any person suing as well in his own behalf as on behalf of Her Msyesty ; and one moiety of such penalty shall belong to the Crown for the uses of the Province, and the other moiety to the party suing for the same, unless the suit be brought (as it may be) on behalf of the Crown only, in which case the whole of the penalty shall belong to her M^esty for the uses aforesaid. 505 It i- ' • 12 Vict. LA.W BESFXCTUra CO-PABTKEBSHIPS, (c. £.) Cap. 45, 1849. 11. And be it enacted, That the said Prothonotary and Registr ^ shall enter each such declaration as aforesaid, in a book to be by them kept for that purpose, which shall be at all times, during office hours, open to the inspection of the public, gratuitously ; and for registering each such declaration the Prothonotary and Registrar shall each be entitled to demand from the person delivering it to him the sum of Two Shillings and Six pence if it shall not contain more than two hundred words, and at the rate of Six pence per hundred words, for all above the number of two hundred : and such declaration shall be in the form or to the effect of the Schedule to this Act annexed. in. And be it enacted. That the allegations made in the declaration aforesaid, shall not be controvertible as against any party, by any person who shall have signed the same, nor as against any party not being a member of the Partnership, by any person who shall have signed the same, or who was really a member of the Partnership, therein mentioned at the time such declaration was made ; nor shall any such Signer or Partner be deemed to have ceased to be a Partner until a new declaration shall have been made and filed by him or his Copartners, or any of them, as aforesaid, stating such alteration in the Partnership; but nothing herein contained shall exempt from liability any person who, being a Partner, shall not have mentioned in the declaration, and such person may, notwihstanding such omission, be sued jointly with the Partners mentioned in the declaration, or they may be sued idone, and if judgment be recovered against them, any other Partner or Partners may be sued jointly or severally, in an action on the original cause of action, upon which such judgment was rendered — nor shall any thing in this Act be construed to affect the rights of any Partners with regard to each other, except that no such declaration s'. aforesaid shall be controverted by any signer thereof. IV. And be it enacted. That after the expiration of sixty days from the passing of this Act, if any persons shall be or shall have been associated as Partners for the purposes of trade in Lower Canada, and no declaration shall have been filed under this Act with regard to such Partnership then any action which might be brought against all the members of the Partnership, may also be brought against any one or more of them, as carrying on or as having carried on trade, jointly with others, (without naming such others in the Writ or declaration) under the name and style of their said Copartnership firm ; and if judgment be recovered against him or them, any other Partner or Partners may be sued jointly or severally on the original cause of action on which such judgment shall have been rendered : Provided always, that if any such action be founded on any obligation or instrument in writing in which all or any of the Partners bound 69G by Cap. 45, 184a 12 Vict. LAW BESPEOTiKa 00-PABTVEBSHiFS, (o. E.) Cap. 45, 1849. and Registr :.r a book to be times, during gratuitously ; honotary and n the person Six pence if it id at the rate umber of two brm or to the made in the } against any nor as against )yany person member of the claration was emed to have tve been made as aforesaid, othing herein who, being a ion, and such i jointly with may be sued ni, any other ^in an action idgment was rued to affect r, except that erted by any lion of sixty ill be or shall 3 of trade in a filed under iction which Partnership, n, as carrying ers, (without er the name judgment be or Partners se of action d: Provided ibligation or rtners bound by by it shall be named, then all the Partners named therein shall be made parties to such action : Provided always, and be it declared and enacted that the service of any Summons or Process for any claim or demand upon any existing Copartnership liability at the office or place of business of any such existing Copartner- ship carrying on business within this Province, is and shall be held and deemed to have the same and equal effect as a service made upon the members of the said Copartnership, personally, and any judgment rendered against any member of such existing Copartnership, for a partnership debt or liability, shall and may be executory by Process of Execution against all and every the Partnership, Stock, Property and Effects in the same manner, and to the same extent as if such judgment had been rendered against such Copartnership. V. And be it enacted, That the word "Partnership" in this Act, shall Include any unincorporated Society, Company, or Association for trading purposes ; and the word ''Action '* shall include any proceeding at Law to which any such Partnership shall be a party. VI. And be it enacted. That this Act shall apply only to Lower Canada. SCHEDULE.— (S« Section II.) .1 Province of Canada, District op We, of in hereby certify that we have carried on and trade and business, as [Grocers,'\ at under the name or firm of he,) I, {or we,) the undersigned, of that I {or we) have carried on and intend to business as , at , C. D. of , E. F. of partnership hath subsisted since the one thousand , and that the said C. D. and E. F.] are and have been the only members of the said Partnership. Witness our [or any of our] hands at , this day of , one thousand eight hundred and . {or as the case may be.) , [Grocers'\ intend to carry on , in partnership {or as the case may , hereby certify carry on trade and in partnership with , and that the said day of , we [or I or we, and since the said day. . 1 1 597 Limited 12 Vict. uIMITEB PABTKEB8HIPS, (o. W.) Gap. 75, 1849. LIMITED PARTNERSHIPS IN C.W. CAP. LXXV. AN ACT TO AUTHO&IZE LMITBD PABTNEBSHIPS IN CANADA VI^ST. B [Assented to, SOth May, 1849.] E it enacted by the Queen's Most excellent Majesty , by and with the advice and consent of the Legislative Council and of the Legislative Assembly of the Province of Canada, constitu- ted and assembled by virtue of, (Sec, That after the passing of this Act, Limited Partnerships for the transaction of any mercan- tile, mechanical or manufacturing business within Upper-Canada, may be formed by two or more persons, upon the terms, with the rights and powers, and subject to the conditions and liabilities hereinafter mentioned ; but the provisions of this Act shall not be construed to authorize any such Partnership for the purpose of Banking or making Insurance. II. And be it enacted. That such Partnerships may consist of one or more persons, who shall be called General Partners and who shall be jointly and severally responsible as gene- ral partners now sure by law, and of one or more persons who shall contribute in actual cash payments, a specific sum as capital to the common stock, who shall be called Sp<»r Partners, and who sh^l not be liable for the debts of the p a-i- nership beyond the amount or amounts so contributed by hint or them to the capital. III. And be it enacted. That the general partners only shall be authorized to transact business and sign for the partnership, and to bind the same. IV. And be it enacted. That the persons desirous of forming such partnership shall make and severally sign a Certificate which shall contain — First. The name (x firm under which such partnership is to be conducted. Secondly. The general nature of the business to be transacted. Thirdly. The names of all the genera] and special partnt^rs interested therein, distinguishing which are general and which are special partners, and their usual places of residence. Fourthly. The amount of capital stock which each special partner shall have contributed. Fifthly. The period at which the partnership is to commence, and the period at which it will terminate. V. And be it enacted, That the certificate shall be after the form in the Schedule annexed to this Act, and signed by the several persons forming such partnership, before a Notary Pub- lic, who shall duly certify the same. VI. And be it enacted. That the certificate so signed and cer- tified, shall be filed in the Ofiice of the Clerk of the County Court of the County in which the principal place of business of the partnership shall be situate, and shall be recorded by him at large in a book to be kept for that purpose open to public inspection. 598 VII. Cup. 73, 1849. c.w. May, 1849.] ijest), by and 9 Council and ada, constitu- ;he passing of fanymeroan- pper-Canada, rms, with the ind liabilities \ct shall not r the purpose lay consist of sral Partners »le as gene- more persons , a specific sailed Sp'^c : 3 of the \ i.i^ ed by hint or ST8 only shall partnership, s of forming 1 Certificate lership is to i transacted, ial partners and whicli nee. aach special commence, )e after the ned by the Notary Pub- led and cer- >unty Coart less of the lim at large spection. VII. 12 Vict. LIMITED PABTNEBSHIP8, (C. W.) Cap. 76, 1849* rj- 71 VII. And be it enacted, That no snch partnership shall be deemed to have been formed until a Certificate shall nave been made, certified, filed and recorded as above directed ; and if any false statement be made in such certificate, all the persons inter- ested in such partnership shall be liable for all the engagements thereof, as general partners. VIII. And be it enacted. That every renewal or continuance of such partnership beyond the time originally fixed for its dura* tion, shall be certified, filed and recorded in the manner herein required for its original formation ; and every such partnership which shall be otherwise renewed or continued, shall be deemed a general partnership. IX. And be it enacted, That every alteration which shall be made in the names of the partners, in the nature of the business, or in the capital or shares thereof, or in any other matter speci- fied in the original certificate, shall be deemed a dissolution of the partnership, and every such partnership which shall in any man- ner be carried on after any such alteration shall have been made, shall be deemed a general partnership, imless renewed as a spe- cial partnership, according to the provisions of the next prece- ding section. X. And be it enacted. That the business of the partnership shall be conducted under a name or firm in which the names of the general partners, or some or one of them, shall only be used : and if the name of any special partner shall be used in such firm with his privity, he shall be deemed a general partner. XI. And be it enacted. That suits in relation to the business of the partnership may be brought and conducted by and against the general partners in the same manner as if there were no special partners. Xn. And be it enacted. That no part of the sum which any special partner shall have contributed to the capital stock shall be withdrawn by him, or paid or transferred to him in the shape of dividends, profits or otherwise, at any time during the continu- ance of the partnership ; but any partner may annually receive lawful interest on the sum so contributed by him, if the payment of such interest shall not reduce the original amount of such capi- tal ; and if after the payment of such interest, any profits shall remain to be divided, he may also receive his portion of such profits. XIII. And be it enacted. That if it shall appear that by the payment of interest or profits to any special partner the original capital has been reduced, the partner receiving the same shall be boimd to restore the amount necessary to make good his share of capital, with interest. aIV. And be it enacted. That a special partner may from time to time examine into the state and progresss of the partner- ship concerns, and may advise as to their management ; but he shall not transact any business on account of the partnership, nor OS-. **» ^ 12 Vict. IXHITXD PABTVXBSHI^y (o. w.) Gap. 76, 1849. E't ' ^.4 m} t' 1 a I 1 .- t ; '1 ' k. P II be employed fw that purpose as Agent, Attornejr or otherwise ; and if he shall interfere^ oontraiy to these provisions, he shall be deemed a general partner. XV. And be it enacted, TLat the general partners shall be liable to account to each other and to the special partners for their management of the concern, both in law and equity, as other partners now are by law. XVI. And be it ecwcted, That in case of the insolvency or bankruptcy of the partnership, no special partner shall under any circumstances be allowed to claim as a creditor until the claims of all the other creditors of the partnership shall be satisfied. XVII. And be it enacted, That no dissolution of such partner- ship by the acts of the parties shall take place previous to the time specified in the Certificate of its formation or n the Certifi- cate of its renewal, until a notice of such dissolution shall have been filed in the office in which the original Certificate was re- corded, and published once in each wsek for three weeks, in a newspaper published in the County where the partnership may have its principal place of business, and for the same time in the Canada Gazette, XVIIL And be it enacted. That the Clerk of the County Court shall be entitled to have and receive for filing any such Certifi- cate or any renewal thereof, and for recording the same, the sum of Two shiUings and six pence. SCHEDULE— (&c Scrtton r.) {Reftrred to in the foregoing Act, and Form of Certificate.) We, the undersigned, do hereby certify that we have entered into co-partnersb^p under the style or furm of {B» D. 4* Oo.^) as (Qrocers and Commission Merchants), which firm consists of {A. £ ) residing usually at and (C. D.) residing usually at as general partners : and {E. F.) residing usually at and (&. H.) residing usually at as special partners. The said {E. F) having contributed (£1,000) and the said {G. II) (£2,000) to the Capital Stock of the said partnership. Which said co-partnership commences on the day <^ , {Anno Domini one tfunuand eight hun- dred and forty-nine,) and terminates on the day of , {Anno Domini one thousand eight hundred and fifty-four). Dated this day of , {Anno Domwi one thousand eight hundred and forty 'nine). [Signed,] A. B. Signed in presence of me, ) CD. L.M., 5 ^ E.F. Notary Public. ) 2 2 ^'^' TORONI'O : FRim'ED BT LOVEIL ANn OIBBOX 600^; 4 fj 4 Gap. 76, 1849. ey or otherwise; isions, he shall be partners shall be ecial partners for w and equity, as he insolvency or 3r shall under any r until the claims 1 be satisfied. 1 of such partner- 3 previous to the 0/ in the Certifi- >lution shall have ^riificate was r»- Lree weeks, in a partnership may same time in the the County Court any such Certifi- he same, the sum of Certificate.) we have entered B, D. 4- Co.,) aa^ tn consists of {A. (C D.) residing »rs : and {E. F.) {G. H,) residing tners. The said e said {G. II) lership. Which day mand eight hurt' day igfU hundred and , {Anno Domini A. B. CD. E.P. G.H. «.