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Les diagrammes suivants illustrent la mdthode. errata to pelure, }n d D 32X 1 2 3 1 2 3 4 5 6 /< JELFS' INDEX TO STATUTE LAW BKiN(i A Geneiial Index to the Last Revised (1887) AND SullSE(iUENT STATUTES OF ONTAIilO, WITH THE KEAL PKOPKKTY AND COMMON LAW AMENDMENTS Jn Ahhreviated Text-Book Form, Alphaheticai.ly Arranged, and WITH References to Original Acts and Amendments. ALSO AN APPENDIX Containing the Dominion Acts on Bills and Phmmissorv Notes, and SOME English Statute Law in force in Ontario, commonly referred to, including I he " Settled I:statek Act," 19 AND 2U V. c. 120, as amended prior to ISOo. BY GEORGE FREDERICK JELFS. (OF OHUOODK HALL), HARRIS PER-AT-LAW, ETC. PRINTED BY WARWICK & SONS, 68 AND 70 FRONT STREET WEST, TORONTO. Entered according to Act of tht Parliament of (Junatia in ttie year one iliounand eiffht and ninety-two, by (i. F. Jelfg, of Hamilton, Ont., Harrister-at-Law. ndred TO THK HONORAULK JOHN M. GIBSON. q.V., PROVINCIAL SECKETARY KOR THE PROVINCE OF ONTARIO THIS WORK IH W.fTK HIS F'KRMISSION HKSPEUTFULLY INHCRIUEI) nr THE AUTHOR. PREIACi:. This work, particularly recoiumontled for the U'^e of stiKlentn, will V)e found by the profession j^enerally to nun-it their appreciation, for '{inter alia) the following' reasons : 1. It will enaltle the profession to pocket a liandy l»ook of reference to tlio many real pioperty and. 2. It will facilitate reference to the oriu;imvl statutory enactments and amendments on all important subjects of civil law, especially s.ich as atlect titles, as the particular sections and Acts from which the same are taken, together with the lime of passinj^, are noted, incluilint,' those con- solidated in 1M77, and not directly referred to in the last Revised Statutes. ',i. It will further facilitate reference to the several Acts and amend- ments from time to time passed respecting wills, the property of and con- veyances by married women, the descent of real property, and the distribution of personal estates, by an arrangement of the several periods as affected by particular Acts and amendments then in force. 4. It provides an alphabetical index to all the public Acts contained in the last revised and subsequent Statutes of Ontario, with references to the amending Acts. 6. It will facilitate reference to particular subjects, as the index is interspersed with terms, phrases and words which form part of, but are not directly connected with the title of any particular Act. ex. (jr., " Choses in Action," see Mercantile Law, " Remainder," see Tran.<tor iH a |)*M'H()ii who, rt'.si«lt'iit in Ontnrio. inpiii'tin^'. i.s poHsi'ssed to his own use anil ht-iii'tit of any ival or ptTsoniil property, eredits or ettects therein not exempt hy liiw from Hei/.ure. And such property, credits or effects may he seized and taken for the sati.sfyin^' of his dehts hy writ of attnch- nient. The j^oods exempt from seizure are the same as in ordinary cases of execution. See A'jyciition. To j:five jurisdiction in the High Court the deht nuist exceed $100. 52 V. c. 11, s. 2 makes provision for the sale hy puhlic auction of the dehts tlue to on aKscondinj; dt l>tor in certain ca«es. Accidents. See I'oujpensation to families. Machinery. Accidents by Fire, investigation of. c. -^17, p. 2;{.")0. Accidents by Fire in Hotels, etc :)1. V. c. lU. Actions. Si-e Limitation.s of— Vexatious. Acknowledgments. See Limitations of Actions— Written Promises. Administration of estates. Sec Devolution of estates. Intestates' estate.s. Trustees and Kxecutors. Affidavits (taken nhroad.) | See Commi.ssioners tor takiiii,'. Affirmations. i Witnes.>ies and Evidence. Agents entrusted with goods, contracts with. c. 1 28, p. 122S. From. C. S. ( '. e. 5i). An agent entrusted with the possession of crootis or 'Iccu- ^yj^^jj m nients of title to j^oods (such possjssion heini^ prhmi /ur/V deemed owner evidence of the trust) is deemed the owner thereof, for the purposes of selling and contracting for the sale of the same, and so as to entitle his consignee to a lien theieon for any money or negotiable .security advanced or given to or for the use of the agent, or received by him for the u.se of the con- signee ; and so as to validate any pledge or deposit of the said goods, etc, by way of security for advances made to himself, although at the time the purchaser, oi' pledgee knew that he for certain purpoHM. AnttH'crlfiit «t«lit. WhittiMiii tntut* for Iti'ii v»li(l. Di)cuiiii^,H. '2, '.\, 4, ^). Hut an uiit«'<'t'<^ Hot II itliori/o II |il«>(l;;i< in ivKpt'ct tlicn'ol, nor t{ivM tliM n^^'i'Mt nutlhirity to rlmiiito from tli<* oxproMH onli-rHol' liin prin- cipiil (n. H). AikI no contnua or lulvitncitH nimlt' with or to tlio ii^«>nt will Ih> u vnliil trnn.saction unlets uuulc hmni /'./<' anil without noti(*«> that t))<> a^t>nt Iuim no authority, or tiiat hu in lu'tini; imihi liilf townnls his principal (s. !(). ValiM\. Aid to railways .<>< lUilwayH. Aliens, lis. I', c, M:i (♦■* V. c. l.\), U.S.O. c. U». Will) iii't' hi (■'in(via. 1. Until fuitmali/tMl ju'cwliiiji to law, all jmu-.sdhs horn out of the clanttion of alicna^'o uinlt'r s. G, c. IIM, I). Act. 7. liriti.sh ittjerts who havo voluntarily ht-conio natnra: ,ed in a forcij^n State, s. 7, //*. Il7<*'/t dfi'\iuil Hrif'iH/i Siihj^'ctH lo'itkin l^ituulu. 1. If duly naturalized after hein^; for three years a resident, or in the .service of the (Jovernini'nt a like period, .s. 8, Ih. 2. Upon naturalization of husband, s. 22, Ih. \\. U'(hirin<;f widowhood, she is duly admitted hy certificate to the status of a British subject under s. 2H, //'. 4. Upon the parents becoming.; such by naturalization, or bein^ re-adniitted to the status of l^ritish subjects, ss. 25 and 20, //'. f). If, having' become a statutory alien, he has been duly re- admitted by certificate to the status of a Briti.sh subject under s. 18, Th. (1. If, havinj,' become a statutory ilien, ho has been diily re- a. 7. If within two years from 4th July, 1H83, (date of Act taking effect) he has duly declared that he is desirous of re- maining a British subject in Canada, under s. 7, Ih. 8. If now residing and having had a .settled abode in Can- ada Itefore Ist July, 18G7, has taken the oaths of residence and allegiance required under these sections and filed same 'vith Clerk of the Peace of the county in which he resided. 88. 41 and 42, Ih. 9. If oaths of residence and allegiance taken before Ist Jan- uary, 18G8, under the naturalization laws then in force in that 10 one of the provinces, now forming part of the Dominion, ift which he then resided; the certificate by the person before whom taken bcinj,' evidence thereof, h. 40, 7/>. Minelldveouti. An alien naturalized before 4th July, 188:^, may again be naturalized alter the passing of and under the Act. s. 17, Jh. The naturalization is confirmed, by c. 113, D. Act, of all aliens in Canada didy naturalised under Acts prior to 4th July. 1 883. s. 37. ///. After the 4th July, 1883. (since 44 V. c. 13, came into force) no alien can be naturalized in Canada except under the pro- visions of said Act. H. 43, lb. Said Act does not afiect the estate or interest of married women in real or personal property accjuired before the 4th July, 1883. s. 27, Ih. Hlghti of Alientt. Since •23nl Xovember, 1849, aliens have the same powers as to real estate as British subjects. C.S.C. c. 8, s. 9 ; 29 V., c. 16, s. 1 (()) R.S.O. c. 99. s. landc. 1 13 D Act, s. 3 And real estate of aliens descends in like manner as that of British subjects. 2!» V., c. lij, s. 1, (0) R.S.O., c. 99, s. 2. They may hold .shares in building societies incorporated under RS.d. c. 169. (CS.U.C , c. 53, s. 34 ; R.S.O. c. 169. s. 4.5.) and stock in gas companies. CSC. c. 65, .s. .U ; li.S.O. c. 164> s. 53. D'isah'il'it'teH. An alien cannot be the owner of a Briti.sh ship. R.S.C. c. lib, s. 3. He is not qualified for any office, municipal, parliamentary or other franchise, s. 3 D. Act. He is disqualified fi-oiii voting, and is not qualified to serve lis a juror. R.S.O. c. 52, s. 9. Algoma and Thunder Bay Land I'ax. c. 23, p. 27y. Algoma Polling Places. 53 V., c. 4. Anatomy, Study of. c 149, p. 1377 ; 52 V., c. 24, Ancillary Probate and Letters of Administration. 51 v., c. 9. Andrew Mercer Reformatory, c. 2:i9, p. 2566. Apology. See Libel and Slander. Appeals to Privy Jouncil. c 41, p. 442. Appeals on Prosecutions under Provincial Acts. 52 V., c. I 5. Appeals to County Court Judges, c. 75, p. 80.^ Appeals from County Courts, Costs of 54 V., c. 12. 11 Apportionment Sn Lnnfllonl and Temuit. Apprentices and Minors, c. 142, p. 1.S04 ; from MM V., c 19. A minor in care of n parent, guardian, or oilier person, or authorized charitable society (with the child's consent, being a boy over 14, and t girl over 12 ytars of age), may by inden- ture be transferred to the care of a respectable, trustworthy person as gunnliaii, wlio will possess the authority and l)e bound to perform the duties of a parent towards siich minor. But the j)areiit's legal liability will remain in case the guardian fails in the performance of a parent's duty. ss. 2 and 'A. A minor dependent upon chai'ity for support, and in the care of any public or jjiivate charitable institution, or in the custody or control of any private person, cannot be removed by imy parent or guardian who abandoned the child, without an order of a Court Judge, Mayor or Police Magistrate, who must be satisfied that such removal will benefit such minor, s. 4. A minor over IG years, being without parent or guardian, or not resilient with eitlier, who engages to perform any Service or work is liable thereupon and is entitled to the b.'neHt thereof, s. o. Minors may lie apprenticed (boys over 14, with their con- A^lprentice- sent, and duiing minority — girls over 12, with their consent,""''" and until hS years of age) to any respectable farmer or trades- man, or person for domestic service, by a parent, guardian or other person, or authorized charitable society, having the care of a minor; liy the mother, when abandon(>d by the father, with the appr(jbation of two Justices of the Peace ; and by the Mayor, Judge of the County Court, or Police Magistrate in cities and towns, and b}- the Judge of the County (.'ourt in counties, in t^e case of an orphan child, or a minor, depending upon pulilic charity, or whose parent or guardian either aban- dons him or her, or have hetn c(»mmitted to gaol or the hou.se of correction, ss. (j, 7 and 8. The consent of sucli minor, being a male under 14 years or a female under I'l years, deiiendcnt upi»n pul)lic charity for support, or whose parents or guardian have de.seited him or her, or have been connnitted to gaol, etc., will not be nece.ssai y for the purposes aforesaiil. s. 8 (2) ; 4;i V. c. 16, s. HI (25th March, 1880.) Wages will be paid to the minor or to some person for his or her benefit, if not payable to the i»arent. s. I) An apprentice may be transferred with his consent from one employer to another, and is by law transferred to the surviv- ing partner or person con*,inuing the business of an employer deceased, s. 10. Sections 12 and Hi define certain duties of the employer and apprentice, respectively. County Court Judges and Police Magstrates are authorized Complaints, upon complaint made to alter the mode of payment of wages; annul indenture for misconduct of emnloyer, and to emanci- 12 Absconding apprentice. pate a minor from tin; nutliority of his guaniian. (ss. l-t and 16.) And a County (^'ourt Judge upon application, in any ca.se, and a Police Majjfistrate where f,'uardian not appointed or minor not apprenticed by a parent, may cancel the ap- l)()intment or indenture of apprenticeship when it appears for the minor's lu'iietit so to do. s. 17. A t'ourt of (Jeneral Sessions of the Peace has concurrent primary jurisdiction with County Court .Fudges over oHences committed a^'ainst the Act, s. 2.'i. There will, however, he an appeal to a Superior (,\)urt .JuM, sub- ject to appeal, as m ca.ses of sununaiy convictions. An apprentice absenting hinjself l)efore his time is up will becoujpelled to continue his term, (jr make good his employer's loss, if found in Ontario, and [)rosecuted within three years next after his return, or the expiry of the term, as the case may be ; and be subject to commitment for three months in default, ss. 18 and 20. No person must knowingly harbour or employ an abscond- ing apprentice, s. 21. An indenture may be avoided if apprentice becomes insane, a convict, or absconds, s. 22. Appropriation of Certain Fines, etc- c. 89, p. 806. Arbitrations and References, c. 53, p. 67o ; 52 V. c. 13. Architects. 53 V. c. 4. ' Arrest and Imprisonment for Debt. c. 67, p. 766. Any p"rty or plaintiff being a creditor of or having a cause of action against any person liable to arrest, to the amount of SlOO or upwards, or having sustained damage to that amount, and can shew sufKcient facts and circumstances to satisfy a Superioi" Court Judge, or the Judge or acting Judge of a County Court, that there is a good and probable cause for be- lieving that such person, unless he be forthwith apprehended, is about to quit Ontario with intent to defraud his creditors generally, or the said party or plaintiff in particular, may obtain an order from such Judge to issue a writ to arrest and hold such person to bail for such sum as the Judge thinks tit. Upon giving bail the arrested person will be released, but he is again liable to arrest unless, within the time mentioned in the writ of Capias, he either deposits the amount of the demand with the sheriff, or puts in special bail that he will perform and abide by the orders and decrees made or to be made in the suit, as the Court shall order, and will, in case he 13 becomes liable by law to be coininitted to close custody, render hirnselt' (if so ordered) into the custody of any sheriff the court may from time to time direct. Decrees, rules and orders for juiymentof moneys or costs are deemed jud^'iiients; the j»erson to receive payment a creditor, and the person to make payment u debtor, within the meaning of the Act. s. 12. The followin bonds^ notes, conveyanceB, securities, or of shares, dividends, premiums, or bonus in any «^'?^*''<^"bto" 14 .1 . bank, company or corporation, or of any i^vtlier property, real or personal, made by a person at a time when h«r is in insolvent circumstances, or is unable to pay his debts in full, or knows that ho is on the eve of insolvency, with intent to defeat, delwy, or prejudice his creditors, or to give to any one or more of them e preference over his other creditors, or over any one or more of them, or which has such ettect, shall, as against them, 'be utterly void. s. 2. 48 V. c. 2G, s. 2. [Note. — The above .section 2 was repealed and the following new section substituted by 54 V. c. 20, 4th May, 1891.] SS, etcT"f Subject to the provisions of the third section of this Act, debtors, when every gift, Conveyance, assignment or transfer, delivery over void. Qj. payment of goods, chattels or effects, or of bills, bonds, notes or securities, or of shares, dividends, premiums, or bonus in any bank, company or corporation, or of any other property, real or personal, made by a person at a time when he is m insolvent circumstances, or is unable to pay his debts in full, or knows that he is on tbe eve of insolvency, with intent to defeat, hinder, delay or prejudice his creditors, or any one or more of them, shall, as against the creditor or creditors in- jured, delayed or prejudiced, be utterly void, sub-s. 2 (1^, o4 V. c. 20. Subject also to the .said provisions of the third section of this Act, every gift, conveyance, ussignmeiit, or trHnsfer. delivery over or payment of goods, chattels or etitcts, or of bills, bonds, notes, or ^ecurities, or of shares, dividends, pre- • miums, or bonus in any bank, company or corporation, or of any other property, real or personal, made by a person at a time when he is in insolvent circumstances, or is unable to pay his debts in full, or knows that he is on the eve of insolvency, to or for a creditor, with intent to give .such creditor an unjust preference over hi.s other creditors, or over any one or more of them, will, as against the creditor or creditors injured, delayed, prejudiced, or postponed, be utterly void. 8ub-.s.2(2), 54 V.c 20. (a) Subject to the provisions of sec. ii aforesaid, if such transaction with or for a creditor has the effect of giving that creditor a preference over the other creditors of the debtor, or over any one or more of them, it will, in and with respect to any action or proceeding which, vvithin 60 days thereafter, is , brought, had or takt^n to impeach or set aside such tran.saction be presumed to have been made with the intent aforesaid, and to be an unjust preference within the meaning hereof, whether the same be made voluntarily or under pressure. (6) Subject to the provisions of sec. 3 aforesaid, if such transaction with or for a creditor has the effect of giving that creditor a preference over the other creditors of the debtor, or over an}' one or more of them, it will, if the debtor within GO days after the transaction, makes an assignment for the benefit of his creditors, be presumed to have been mado with the intent aforesaid, and to be an unjust preference within the meaning hereof, whether the same be made voluntarily or under pressure, [Sec. 3 of 54 V. c. ?0 declares that nothing in said Act con- tained will affect any pending action, suit or proceeding, but same must be adjudicated upon and the Act (c. 124) be con- strued as if said Act (54 V. c. 20) had not passed.] Where the property the subject of such gift, etc., has been sold, the proceeds thereof may be recovered, s. 8. 48 V. c. 26, s. 8. This Act (c. 124), however, protects, by sec. 3 : A»Kignment«. for Iwnetit of (a) Assignments made to the sheriff of the county wherein creditors and the debtc t- resides or carries on business, or made ete.Vrotected'. to another assignee (being a permanent and bona fide resident of Ontario, 52 V. c. 21), with the con- sent of a majority of creditors having proved claims to the amount of $100 or upwards, if assign- ment foi- general benefit of creditors, without preference cr priority. (b) Any bona fide sale or payment made in the ordinary course of ti'ade or calling to innocent purchasers or parties. (c) Payment of money to a creditor, and any bona fide gift, etc., made in consideration of any present actual bona fide payment in money or by way of security for any present actual bona fide advance of money, or which is made in consideration of any present actual bona tide sale or delivery, provided that the money paid or the property bear a fair and reasonable relative value to the consideration therefor, s. 3. 48 V. c. 2G, a 3. And said Act does not affect (1) The Act respecting wages, or to prevent a debtor providing for the payment of wages due by him in acco''dance therewith. (2) Payment of money to a creditor who thereby loses any security, unless the value of such security is restored. (3) The security given to a debtor for a pre-existing debt induced by an advance of money to the debtor by the creditor in the bonM fidf. belief that IM M ■' Form of aasignintntii for Koneral benefit uf creditors. In fee simple or tor a lean estate. By ordinary deed. Registrred within 8r fnr any other limited )iui ■ posi'. Protector "f the settle- ment, who to lie, etc. -fw 18 an kt rent craated by iDttlenient. Protector to b« tunant to the priioip' before 1 •) uly, 1840. Althoiiirh a bare truatee. But only an bare truaten under aec. It). Protector, if more than one prior tiatate. Any settlor may appoint protector. DeedH to be regiatered. High Court to be protector of lunatic, etc. Protector to conaent to tenant in tail creating larger estate than base fee. Where a base fee and protector. Consent by deed and now. Protector not subject to control. Cannot revoke consent . Certain rules of equity not to apply bdtween pro- tector and tenant in tail, When void- able estate confirmed by bubaequent dig position. E.xcopt in caso of a l(fase at runt, every estate liiuiteil in a Hettlt'Uient by way of contirniation, or having the effect of restoring an estate in dceniod an e.state xubshting under Huch Nettlemcnt. sh. 13 and 14. Where an estate under a settlement, or a reniainder or re- version in lee, in any lands has been dispo.sed of prior to Ist July lh46, the person who would be tenant to tlie pntcipt' before the 1st January 18.*J4, will be protector (.s.s. 17 and IH), and notwithstanding his being a bare trustee (s. ID), but otherwise no bare trustee, heir executor, administrator or as- sign, anil no woman in ressect of her dower shall be the pro- tector of a settlement (s. la). Where, however, there are more than one prior estate, the owner of the estate who, but for the existence of the estate in respect of which the owner entitled to be protector i.s di.s(iualiHed as last mentioned, shall be the protector, h. 1G. Powtr is given to any settlor entailing lands to appoint any number of persons in e8»e not exceeding three to be |)rotector, and to perpetuate the protectorship, but the deed appointing, or by which a protector relingui.shes his otHce, must be regis- tered within 6 months after execution, ss. 20 and 21. The High Court of Justice will be the protector in lieu of one who may be an infant, or lunatic, or of unsound mind, or tt traitor or felon, or a person not known to be alive • and also where there has been a failure to appoint in some uaaes, s. 22. Where thtre is a protector, his consent is requisite to enable an actual tenant in tail to create a larger estate than a base tee, and where there is a base fee and a protector, his consent is necessary to the exercising of the power to alienate under this Act. The consent may be given by deed, distinct from the assurance by which the disposition is ejected if such deed is I'egistered at or before registration of the assurance. And if made by distinct deed and not otherwise expres.sed therein such consent will be deemed absolute and unqualified. But the protector is .subject in no way to control in the exercise of his power of consenting. And such consent once given is irrevo- cable, ss. 28, 24, 25, 31, 32, 33 and 35. A married woman as protector may give her consent as if she were a feme .sole, s, 34. The rules of ecjuity affecting donee of a power and iinv object of the power in whose favour the same may be exercised will not be held to apply as between the protector and a tenant in tail where protector gives his consent to a disposition by a tenant in tail under this Act. s. 2G. A voidable estate by a tentant in tail in favour of a purchaser for value, will be confirmed by a subsequent disposition of such tenant with consent of the protector under this Act, but not as against a purchaser for value without notice, s. 27. II) 13 irrevo- Leasos hy tenant in tail for a term not oxcouilin^ 21 yuai'M, T)r for H time not excoedin^ 1*2 ujonth.s, where a rack rent, or not losH thiin Hve-Hixthi of a rack rjnt in therohy reserved do not retpiiri! le^^iHtration. 8. '.10. The e(|uitiil)U! juriudiction of the courts is excluded from giving any effect to di.spositions hy tenant in tail, or to con- sentM by protectors of settlements under this Act. s. 'Mi. The Hij;h (.'ourt, whiUt protector, may consent to a disposi- tion hy a tenant in tail and make such order as appears necessary, which order will he sufficient evidence of such con- sent, liiit the consent of a person who is a joint protector must also he obtained to make a valid disposition, ss. .'17 and as. This Act, so far as circumstances will permit, is to apply as well to all lands to be .sold, where the moneys arising are to be invested in entailed property, as to moneys subject to be .so invested, in the !mmc manner as if the lands to be pur- chasdll with the money to arise were directed to be freehold, and were actually purchasc'd and settled, and al.so as if such money were directed to be laid out in the |)urchase (»t free- hold lands and such lands were actually purchased and set- tled, except that in cases of converted leasehold property, the lands as well as the money will be treated as |)ersonal estate and the assurance giving effect to the dispo.sition of the same must be by deed and be registered within six months from execution, s. Hi). Auction Sales. See Transfer of Property. Auditing of Public Accounts, c. 21 , p. 207. Asylums (Lunatic), c. 24.'), p. 2.58!>. See Lunatics and Lunatic Asylums. Asylums, Inspection of. c. 250, p. 2fi.'0. Bail Piece. See Recogni/ajices of Bail. Bare Trustees. See Trustees and Executors. Barristers, c. 146, p. 1341 ; 54 V. c. 2.i. Beaches and Shores, protection of Bees, property in. c 98, p. 902. Bees in a slate of freedom become the property of the per- son discovering them, whether he is or is not the proprietor of the land on which they have established them.selves. Bees reared and kept in hives are private property, and to the extent of lo hives are exempt from seizure under execution. See Execution. Where a swarm of bees leaves a hive the owner may reclaim them, so long as he can prove his right of property therein, and will be entitled to take possession of them at any place on which the swarm settles, and although on the land of another person, if the owner notify the proprietor of such by t**n»nt in Uil iipwl not b*' rcKikt^rfil. K<|uitablf Jur- iwiiction of c'liirtN. High Court niuy conMont t<> adlNiMNii- tioii by tenant in tail. Mudif of iliii- (loitition of money Hubjeot to t)e inveHtnd in lanilM to b« entailpd. 2 V. c. From 28 V. 8. c. 8. 10 Innd l)«-f'orL'}ian-.', :.! V. e, 2(i ; y.\ V. c. IV.). Bills of Sale. .SVv ( hattel Mort;,'aj^es. etc. Bills and Promissory Notes. St-r Appendix. Bills of Lading. Str Menu utile l.aw. Births, Marriages, etc Sec. KeyiMtratictn of IJirths, etc. Boarder's Qoods Distrained .sVf Landlord and Termnt. Boarding House keepers' L ien See Innkeepers. Boys' Reformatory, c. :i4l,p. 2r.77 ; .'».'. V c. 7U. British Subjects. .SV*' Aliens, etc. Building Societiep. o. KiO, p. idOO: r.2 V.C..S4: 'i'\ V. e. 12. Burial Grounds, Conveyances for, etc c. 177, p. 172J}. Bush Fires. .SV*' Fire (luardian.s, etc. Carleton V7lnter Assizes. ••);{ \', c. 1'). Carriers by "Water. K. S. ('amida, c. 82. Carriers by water must at all times receive and convey accordinjj to published notice all passenj^ers and iit (»r MfivRii, mill eiilt'nnl in tliu l>ill of lailiii),; or othcrwiMU in writiii)]^. Said ciirriiiM nn* aho lialtlf for i\w loss or daina;;!* to the piTsittml luij^^n^f of iHiHM'ngurs to tlm cxt^-ut iand .'>:} V. c. .'{.•{. (7 April, 1M!>()). Tlu' iristitiitin;,' of an action or tin- taki i-,' of a prncTdin-,' in wliicli atiy title or intt-n-st in land is Itn tij^ht in ipn'stioii, will not Im' dj't'nu'd n(»tict' of tli*- action or pt'on-fdin",' to any person not u party tlu'n-to, until a CL'»!Jticat»' Hiji[fu'd \>y one of the rt'^jistrarH of the lli^h t'ourt, or hy thi-Clfrk of Records and Writs, or hy a as heun ie;,'iMtei'ed in tho Ue^'istiy office of tho re;,'istiy division in which tho lainl in situate. But no cei'titieate will ho refiuii'ecl to ho ie;^'isteiod in any artion or proceed ii!;Li: f*"' to!ociosuiv or side upon a I'fj^i.storod l!iort<;a;^e. s. 4H, cap. 1 14, K. S. (.). A co!'titi(ate re^ristei'ed a;,'ain.st lans of. Ohattel Interesta, Aeaignment of f^^t Triinsrci- of pro. pt-rty. Ohattel Mortgagee, etc., in Nippieeing. .11 V. <• IH, Ohattel Mortgages and Sales «- r.'.'i, p. 1207: .'>» V. c. 12, s. 7 , .'»:< V. c. :{. i .H V. c, 21. Kv«>rv cliattfl iiiorf^ii^t! iiiiti hill of nuIii of ^^oods mtt ancoin- P'^'ti^'*' ''y '^'> iiiiiiHMliato livi«ry, iitxl an iictnul and i-ontiniiu«l ieMrrfrUti-r inort^a^'or or bur^idtior, am .sul».sei|ueiit puri'liastMH or iiiort^a;;ctss in ^ood faith for viil- iial»l«( coiiNidrration, nnlt'MM roj^iMtcrcd iti the otH('«( of the clerk of the County t.'oiirt of the county where the property ninrt- f^aj^ed oi" Nold in at tim time of such execution, t<»yether with with tt«i bargainee to hoM the goods " mentioned therein against tho creditors of the hargainor." .ss. 1, 2, 4, .-) 7, H; C.S.U.C. c. 45, .s.s. 1, 2, \^, 4. 7, nt of Any MIIm or nott>N, or iiiiy otlu>r liftliiltty hy him inriirrtMl for thi* iiiort^^ii^^fo, not I'xtomiinj; for a loti^^nr petioil than oii«> y*'iir I'mtii dad* of iiiui t^ai;«>, to ho valiil and hintlin)^ an oth«T niort;;iij^«'M wht-n ri'Ki<«t»*rc'«l us afore- ttaiil, iniiHt Ih( «>.\*M!iito)| in ^imi Hn«>in)-nt, nml tlio iiinniitit of liahihty int(>n I'.xtrnt " of tin* liahility iiittMnh'il to In- I'lrutotl hy the H^rnM-iiit>tit and "cov«>ri'i| hy such niort^aj^H, and that thu niort>{H;(«' is «>xi>cutud " in Kood faith, aitd for the fxpross purposo of st'curiuj^ lh« " Miort^^a;,'!'!' r«'payui*>rit of his advanct's, or a^^ain.st the pav- " nicnt ol tint amount of his liahility for tht* mort^a^or, its tno " caso may he, and not for tho purpose of st'ciuiri;,^ tht' j;o(>ds ohattt'ls im iitii'iu'tl llu'rcin ii;,'niiist the rn-ditors of t!it) xitl.l'Kir. of anil " mort>^a;;or, nor to prt'vi-nt such creditors from rucovoriiii,' any " cliiims which tlicy luny have a'^ainst tho morti,'aj(or. " s. »1. c'.s.r.c c. 4r>. s. :.. Kvcry inortj^H;j»M)r conveyanoc opt-nitcs and tiikcscH'cct upon, from and after tho day aiul timu of thu execution thereof, h. M. 20 V. c. 4<), s. I. Notvvithstandin;,' rej^dstration as iiforsaid every chattel rnort- ^oij,'e aft r the (expiration of one yt'ar from date of fiiiii},' utdess renewed as hereinafter mentioned, and so after on»' year from the date of .such renewal, and every suhsequeiit yearly reiunval, uidess a!,'ain renewed, will cease to be valid as aj,'ain.st crei». All the in.struments mentioned in tliis Act mmt contain such .sufficient and full description of the goods and chattels tliat the same may oe thereby readily and easily known and dis- tinguisl L'd. s. 27. C.S.U.C. c. 4o, .s. (i. A chattfl mortgage may be discharged by registering a certificate of dischar>,e. s. 17. 40 V. c. 21, s. 1. Where the la.st day for filing an instrument under this Act falls on a Sunday or other day when the clerk's office is closed, the instrument should be filed on the day on which tlie office is next open. s. 2.'). 4S V. c. 27, s. 1, 80 Mar. 188.) The County Court clerk's certificate of the regi.stration of a chattel ujortgage will l)e evidence of such registration in all courts, s. 1(5. C.S.U.C. c. 4"), s. 11. Where a mortgage or conveyance is given by an incorporated comi)any to a bondholder or trustee to secure bonds or delieiitures of the company it will be sufficient if the affidavit of hond fidei^ is to the effect that tlie said mortgage or con- veyance was executed in good faith and for the express purpo.se of securing the payment of the bonds or debentures referred to therein, and not for the purpose of protecting the goods and cliattels mentioned therein against the creditors of the mort- gagors, or of preventing the creditors of sucli mortgagors from ohtjiining payment of any claim against them. 58 V. c. 35, 7 April, 1890! The time for tiling such a mortgage, wliere the company's head office is not within Ontario, is limited to 30 days instead of 5. 5.3 V. c. 35. Upon a renewal of such mortgage, in the manner rec|uired as to all other mortgages, it will also be necessary in the state- ment to shew the amount of the bonds or debenture debt which the .same was made to .secure, and all payments on account thereof, which "to the best of the information and belief of tlie person making sucli statement, has been made, or of which he is aware, or has been informed." 53 V. c. 35. The president, vice-president, manager or assistant manager of such n':)rtgagee compan}', or any other officer of the company authorised for such pui'pose may make the affidavit and statements required as aforsaid under 53 V. c. 35. 53, V. c. 12,8. 7, contains a provision only as to returns by the County Court clerk of the number of chattel mortgages so filed. Oheeso and Butter, Adulteration of. c. 207, p. 2302 etc. Manufacturing Af'sociations, 51 V. c. 24. Fraud in supply- ing Milk to, 51 V. c. 32. Children. See Neglected Children. 25 Choses in Action. See Mercantile law. Clergy Rtservea c. :U), p. 325. Collegiate Institutes, c. 226, p. 2451. Commissioners for Taking Afadavits. c. 02, p. 72') ; 5:{ V. c. 22. Every coinniissioner appointed to take affidavits in Ontario, OenHral or to be used in any court in Ontario, may take affidavits in i'<>w«"- all courts, in all matters ponding' before a jud^'t?, and all affi- davits authorized to be made by any statute, s. 1 2. (A 8. IJ. C, c. .'Jy ; ss. H and !» ; 40 V^ c. H, ss. 24 and 25 ; 44 V. e. 5. s. T.\ And since 7th April, 1.S90, said commissioners may take May take statutory decliirations in all cases in which the same may be "j'^j^^'^^'^^^^^g taken or be requinMl under Tkv Devolution oj J'Jstates Act, or under any other Act in force in Ontario. .5*3 V. c. 22. Kverv commissioner appointe'"*baud, withstanding the death was caused under circumstances as amount in law to felony. And such action will be where death is the result of a duel, against the principals, seconds and abettors therein. But all such actions must be brought in the name of the executors or adr'"^istrators of the deceased In name of within 12 months of his decease. And full particulars of the e^ec"^"'*- persons for whose benefit the action is brought must be deliv- ered to the defendant with the .statement of claim. One action only will be for the .same cau.se, and the dam- ()nly oneac- ages recovered will be divided among the beneficiaries as the ^"g drvlded?* judge or jury find or direct, .ss. 1 to 6. C. S. C, c. 78. But if defendant is advised to pay money into court, he may Payment into pay it as a com[)ensation in one sum without regard to its divis- "ourt. ion into shares, s. 8. 49 V. c. 26, s. 2. 25th March, 1886. Where no action is brought within six months by the ^yhen benefi- executors, then action may be brought by and in the name or """"'° """' names of all or any of the person or persons beneficially inter- ested in the result, s. 7. 49 V. c. 2G, s. 1. Con4)ulsory School Attendance. 54 V. c. 56. Conditional Sales ot Chattels. 51 "V. c. 19 ; 53 V. c. 36. Claries may nue. 2G Recftipt notei and hire receipU when valid. If goods marked. Bailment in writing. UnlefiB bail- ment register- ed. Bailee to have copy. And entitled to full infor- mation. How given. Redemption uf goods. After the Ist of January, 1880, receipt notes, hire receipts and orders for chattels given by bailees of chattels, where the condition of the bailment is such that the possession of the chattels passes without any ownership therein being acquired by the bailee until the payment of the purchase or considera- tion money, will be valid hs against subsequent purcha.sers or mortgagees without notice in good faith for valuable consid- eration, in the case of manufactured goods or chattels (except- ing household furniture, but including pianos, organs and other musical insiiuments), provided (a) such goods, at the time possession is given to the bailee, have the name and address of the manufacturer, bailor or vendor of same painted, printed, stamped or engr-^ved therton, or otherwise plainly attached thereto, and (/») such bailment is evidenced in writ- ing signed by the bailee or his agent, s. 1. But the above section will not apply to chattels where the manufacturer, bailor or vendor within 10 days from the execu- tion of any receipt, note, etc., files with the clerk of the County Court of the county in which the bailee or conditional pur- chaser resided* at the time of the bailment a copy of the in- strument evidencing such bailment or cotiditional sale (s 6). The manufacturer, bailor or vendor must leave a copy of the receipt note, hire receijit, order or other instrument with the bailee or conditional vendee at the time of the execution of the instru- ment or within 20 days thereafter, s. 8. Every manufacturer, bailor or vendor refusing to give a proposed purchaser of such goods, full information respecting the amount due thereon and terms of payment within 5 days, will be liable to a tine not exceeding $50. s. 2. If enquirer's address be given by letter it will be sufficient if the information aforesaid be sent by registered letter to such address, s. 3. When goods or chattels are repossessed by the vendoi' or bailor for breach of condition, the bailee or his successor in interest will be allowed 20 days in which to redeem same by paying full amount in arrears, interest and actual costs of tak- ing possession incurred, s. 4. .\nd if the goods were origin- ally sold or bailed for more thasti S30, the same cannot be sold without n day.s' notice of sale being first given to tlie bailee or his successor in interest, either pexvonally or by being left at his last known place of abode in Ontario, or by registered letter deposited in post office at least 7 days before the expira- tion of said 5 days, addressed to his last known post office address in Canada. But the said 5 days or 7 days may be part of the 20 days aforesaid, s. 5. [The above Act is to be read as part of the Act respecting mortgages and sales of personal property. .53 V. c. 36, s. 2.] Consolidated Revenue Fund. c. 19, p. 255. Constables, c 82, p. 825. * If in unorganized district, then with officer with whom chattel mortgagee are registered therein. 63 V. c. 36, s. 1. ;o.sts of tak- mortgaged are 27 Constitutional and other Provincial Questions. Act fur expetiiting decision of. '*'.) V. c. i:<. Contagious Diseases among Horses, c 2 hi, p. 234(; : 52 V. c. 47 ; '^'i V. c. G.i. Contingent Interests. .sVt^ Executions. TnuisftT <>t' Pro- perty. Contracts in Writing. ^Sf^s Statute of Frauds (App.). Writ- ten Promises. Contracts Void by Statute. No memV.er of the council of any municipality, either in his own name, or in the name of another, or either alone or jointly with another can enter into a valid contract of any kind or make a purchase or sale in which the corporation is a party interested. 4G V. c. 18, s. 482 ; c. 184. See Municipal Act, s 431. All sales and purchases, and all contracts and agreements for sale or purchase, of any real or personal property whatso- ever made by any person or persons on the Lord's day will V)e utterly null and void. C. S. U. C, c. 104, s. S. R. S. 0., c 20.'{, s. 8. Controverted Elections, c. 10, p. 178; ."^4 V. c. (1. Conveyances See Short Forms, etc. Voluntary, etc. Conveyances for Burial Grounds, c. 177, p. 1728; 53 V. c. 48. Conveyances for School Purposes, c. 22s, p. 249'.t. Conveyances by Married Women, c. 134, p. 12U4; 51 V. C.21. By C. S. U. C, c. 83, s. 41, a married woman in every case underC. S. except that of being tenant in tail could by deed (duly I- C., c. 83, acknowledged by her), with her husband's concurrence therein, ** ' release or extinguish any power vested in, limited, or reserved to her in regard to lands of any tenure, or in regard to any estate in any lands of any tenure. 9 V. c. 11, .s. 50. By G. S. U. C, c. 85, ss. 2, 3 and 4, every married woman [-n^er C. S. acquired the right to convey all real estate of which she was U. C, c. 85. seized or entitled by deed executed jointly with her husband, to such use and uses as to her and her husband mi«>ht seem meet. But a certificate was to be endorsed bv a Q. B.,C. P., or C. C. Certificate judge, or two justices of the county who .saw heiv execute Separate ex-*** the deed, and who examined her apart from her husband amination o£ touching her con.sent. etc. 59 G. 3, c. 3 ; 2 G. 4, c. 14 : 1 Will. '^''^• 4, c. 2 ; 2 V. c. 6 ; 14 and 15 V. c. 115. 28 ' il! Under 34 V. c. 24. PowerH kH to exaininatiuD «xt«*nded. Under m V. c. 18, exaniinatiiin of wife diit penHt-d with. KiglitH of enii' veyiiiff ex- tended. Concurrence of h\i8band necesHary. Vivlidity of prior convey- ances although irregular hh to cortificateH cf «xamination. R. 3. 0.,1677 c. 127, ex- tending rightfi •of conveyance. By :H v. c. 24 (I') Ki-h., 1.S71), the ri^'lit to examine and make the coititicnte last referred to was u.xtonded to a Chan- cery Jud^e, Junior or Deputy Judj,'e of the County Court, or a Notary Public for tl>e I'rovince. Hy 36 V. c. 18 (2!> Marcii, 1873). all prior enactments re- quirinj; a married woman to ho .separately e.xamijied were repealed. Hut the right of a married woman to convey, release, surrender and extinguish her interest in real estate (her hushand concurring by being a party to and executing the deed was re-enacted Hud extended to lands, chattels, leal, rents and hereditaments, corporeal or incoipoi-eal, and to any undivided shaie thereof; to imy (estate, right or interest therein legal or efpiitablu ; to any charge, lien or incumbrance in, upon or attecting real t>state at law or in e, s. 22 (1st July, 18K4), all prior enactments By47 V. c. reciuirin'' the eoncurreneo of the husband to his wife's convey- '"i "• 22, ance by liis bein|i(>nsini^ with husbands's (loncmrence in certain cases. By SO v. c. 7, ss. '2ii, 24 and 25, every conveyance made Hysov. i;. 7, since 2}>ih March, I.S7!i, or which a married woman mav here- validity of 1. 1 • .• • 1 111 1 1 1 1 MI i" !• 1 convnyancBH after make, it sijroed or execnted by tier husband, will be valid inadegincf and pass the estate of such married woman in the real estate 2|)th March, which the same j)rofe.sses to jmss. But no such convtsyance is rendered valid to the prt^udice of any title lawfully acijiiireil from any married woman prior to the li'Jrd April, 1(SS7; nor rendered valid if not executed in j^'ood faith; nor if the married woman, or tlioso claiminj,' under her on said day, actually possessed or enjoyed th(f lan' the curtesy ; and wheie *i"«l>a"dv , . , , ■ !• 1 1 "i <• 1 1 concurrence in- a iiirtriit-'d woman IS unable to i,'ive a valid deed ot her real cortain cases. estate without her husband joininjf therein, by reason of lius- band's liuiMcy or other incapacity to execute a deed, or his residence liciii;^- unknown, or he is in pris m, or livinif apart from his wife by mutual consent, or under circumstances en- titliny the wife to ulimouN', r limita- tion under any will or settlement is disputed. 3. For libel or slander. 4. For criiiiinal conversation or seduction, or .'). Against a Justice of th'- Pea'ie for anything done by him in the execution of his office if he objects thereto, s. IM. C. S.U.C. c. 15, s. l»i. Cants in lukicli they hare Jarindictiun. 1. In all personal actions where thedebt or damages claimed do not exceed the .sum of $200. 2. In all causes and actions relating to debt, covenant and contract, to !i*400, where the amount is liquidated or a.seer- taiiied by the act of the parties or by the signature of the de- fendant. 3. To any amount on bail bonds given to a plaintiff' in any ca.se in a County Court whatever the penalty, 4. On reco^^nizance of bail taken in a County Court, what- ever the amount recovered, or which the bail therein may be liable. C.S.U.C. c. 15,s. 17. 5. In actions of replevin, where the value of the goods, etc. distrained does not exceed the sum of $200. 6. In interpleader niatiers, as provided by the rul(;s respect- ing interpleaders, s. 19. 7. In actions for recovery of land. (a) Where the term and interest of the tenant has ex- pired, or has been determined by legal notice to quit. (/>) Where the rent is 60 days in arrear, and the land- lord has the right, by law, to re-enter for non- payment, provided the yearly value or rent, pay- able in respect of such land, does not exceed $200. s. 20 ; 23 V. c. 43. The Court is competent to deal with defences and counter- claims, although they involve therein matters beyond its Jurisdiction, but no relief exceeding that which the Court has jurisdiction to administer will be given to a defendant upon such counterclaim, s. 22. County Judges and Local Courts, c. 4f), p 496. County Judges Criminal Courts, c. 48, p 518. County of York Local Courts. An Act to increase effi- ciency of 54 v. c. 15. County Crown Attorneys c. 79, p. 8IG ; 54 V. c. 17. Court Houses, Inspection of. c. 250, p. 2650. % ISP 31 Covenants Implied .S^-^ Mortj^ajjes, Transfer of Property. Oreameries ol V. c. .'M. Creditors' Relief Act. c. 0.), p. 7.'JH ; 51 V. c 11 ; r^i V. c. 10, s. 7. This A(!t ileclares, Hiilijt'L't to tho provisions tliortJin con- tainoil, tliat tlu'ie sliall l)o no priority anion^ creditors by ex- ecution from tlio Uij^h C'ourt or County L'oiirt.s, anution of moneys levied by the slieritf. 4H V. e. 10, s. 4. (C.iiu'i into force 25 March, iMSf) Grown Administration of Intestates' Estates. See In- testates' Eslntes. Crown Debtors. <• !>4, p. 89(1. Since the l.'tth Aui^ust, IHOO, no bond, covenant or other security, entered into with or with any person on l)elmlf or in trust for Her Majesty, her lieirs or f-ucce.ssors will bind the obli<,'or's or covenantor'.s property, re.il or personal, to any other or iKt prior July, WM. Under 4 Wil Ham 4, Ist July. 1834. Debentures Registration Act. c. IHO, p. 'H)M ; .'):; V. o. 12 ; .')+ V. v. 4H. Debtors. See Absconding'. Orown. Dentistry, c. lAO, p. l.'JHO; H V.c. 2H. Department of Agriculture. 51 V. c. 8 Descent See Devolution of Kstatus. Detinue. Sir Kxecutions. Devolution of Estates, c. 108, p 975, and see 54 V. c. 18. The paiticuljir laws {governing descent and the seveial periods att'ected thereby are : Int. At coninion law, prior to 1st July, 18.'J4. 2„f, 18S4, to 1st January^ 18,12. During this period eight rules governed de.scent. Rule I differs from the corresponding rule at common law by requiring descent to l-e traced from the purchaser insteacl 'M of from tlu! pt'iMon liwt actually Hcized. The porHon last cntitU'tl i.s to ho (leoiuoimntH unl«>NH an intfii- tion siitHcietitly appi^arH that tliey »ru to takt> nn such. m. 20. HMtloniiwhicii Hiit thti Ht'vcii st'ctionH Noa 14, 15, 1(J, 17. IM. H) and 20 of do not nimrntf q \{)h ,|,, „ot opcmto njtr()Hpectiv»'ly ho hh to n-ndor any titln tlvtiy in'cir valid whlc'li, juior to Gtli Murcli, 1 834, had hcu-n atljud^ud, or may in any Hiiit dnpunding on that day, ho adjndi^tMJ invalid on account of any defitct, inipurfeotion, niattur or thin^;, hy Hiich .sections alt«>rL>d, supplied or ruinedied. s. IH. t>in CM***. I'lnh'v 1/f and //' V. c, from Id Junnnri/, tS/iS, to lut Jul>/, 1886. Ir^ ■'i,* m ' ii'iit 'in ■■ 'X Under 14 and 15 V. c. 11, 1-t Jkiiiiary, IH5'-'. RuleM of de- Rcent. UeHuendaiitH in u<|ual duKi'tte of conpanKii inity. If Bonie chilli- ren be living and others dead leaving iHue. If intestate li-aved no d'M intiTttnti'il ii'Noiiiil ri-|i' rvNentutivi'. Huviiif^ UH to dower. Savin); oh to hunbiind'K in- tci'cKt in |ir not iiffoct ( I j tim huMltiitiirN fNtiitii nn U'lmnt l»y th« curtiNy ; {'2) a wiflowH «'Mhit«* i\n ti'iiniit in clowtT , CA) any liiniUtiMn «»f any t'HtHti- l»y (|im><| or will ; or, (4) any <'Hliitf wliirli, atthoiiuli Ih'IiI in tV«> sinipli) or for tin* IIJ'i' of another, in ho h«'l«l in trunt for any otlu-r |M(rHori. s. 41>. Any |)arty tintitl«'(| to Nlian* in rual t'statr and int«'r«'Hti'<| In a pfirtitioti tlnTrof may niako an otl'i-r to i»urchiiH«! tli« shaioH of till' otlitT parties infi'iuHtcd, prcfi-rfnot" l»i'inj„' j^ivcn, flrntly, to the person wlio would have heen the heir prior to 1st .Ian- miry, lh.')2, and Hecorully to the several pernuns sut'ccNsively who would havo heen snch heir in the event of tho death l)y Kx<' 'utori*, utc ," and rxml liflrnwitli thf Act 54 V., c. IM, no untitled, which niakeii proviHion for rial eBtiitn not diHiioMed of within ii year iMiConiinx vented in the heiri*, etc., uImo validatini; pawt HalcN, etc. | Hut nothing' in this Act (4!) V. c. 22) is to he construed to take away a widow's right to (hiwer. She njuy hy deed, or instrument in writinj,', attested hy at least oiu' wiuiess, elect to take her interest in her husband's undisposed of real estate in lieu of all claims to dower, but unless she so elects she will not be entitled to share in the undispo.sed of real estate as aforesaid, .s-s. 2 s. 4. And any husband entitled a.s tenant by the curtesy, may in like manner elect to take his interest as such in the real anr of w iMTHMii will) liifH iiiti««tiit«* without Immiio will UMiricimn »( ii»)t \>v I'titillfd to aitv ({ii'iitcr hIihii* of ri?rtl or |M«r«unul prop ,'*'|',",'j',Jl*'* tMty tliiiii tilt' motln»r or nuy HUiviviii^,' ln-othor «tr sistrr of tlu' tii>n. il, hikI tli«* urAiiil|iiii'«-ntM niti not to Hlitii-u in coiii|>iitition witli tlu'in. H. (I, if>. Tin- ri'iil mill piTMiiiiivl propiTty of u c*fiiMi>«I p'rwoh com- Appiicneiim of itiisi'fl ill unv rfsiiluiirv tUtviNt- or liiMiut'it will (••xn-pt so fur i"""!"-''); 'n nn ii contrary iiitfiitioii ii|)p«'iii'H from Ihn will or Hiiy codicil ^,,f,t., thereto) lif nppliciildi' riitiilily iicconhiii^ to thuir rcMpvctivu* viiliics to tlir payment of his ilclttM. n, 7. Where infiintH III oiic»'r?.';r«ni1child, y number of notexceedius If the intestate die leaving HIh personal represen- Persona entith'd to tatives take tlius, viz. administration. Equally per ntirp-^H To any >jrand('hild, or any number of them not exceeding three. Alltochihl ;Child. Grandcliildren (sons and dau^^hters of a daugh- ter, and dau^'liters of another daiiK'hter) Deceased son s widow and child [Hridge v. Abbot, 8 Bro. C. C. 22t; Grandchild and great grandchild, elder male branch Fath»r and mother and brothers and sister Mother and brothers and sisters Mother and sister Equally Mother. Mother only AH |Mother. Sisters, and nephews Eijually, but nephews To one or more of the Equally 'Grandchild. Equally (R.S.O., c. 108. Father. s. t). 49 V. c. 22, 8. 6 I Equally Mother. and nieces (children of and nieces take per deceased brotiier) I H/irj)e« Sisters, and niece s Equally, but nieces take (children of deceased^ per niirpes brother) j Sisters, and nenhews Equally, but nephews and nieces Ichildreuofj and nieces take per deceased sister) ! Mirpen Sisters, and nieces Equally, but nieces tak( (children of deceased per Mirpen sister) Brother or sister of Equally whole blood, and i)roiher or sister of half-blood on father's side, and brother or sister of half-blood on mother's side Brotiier or sister of half- All to half brother or blood on father's side, sister and distant cousin on father's side Brother or sister of half- All to lialf brotiier or blood on mother's side, sister and distant cousin on father's siile Brothers and sisters, a:id grandfather or grandmother Nephews and nieces by deceased brother, and nephews and nieces by deceased sister ; or Nieces by deceased brother and nephews, and nieces by deceased sister ; or Nephews and niec by one deceased sister and nieces by another deceased sister Equally between broth- ers anil sisters (Eveh/n V. Erehin, 3Atk. 762, c. lUS, S. (!) Eiiually, per capita (i>.,To eitlier of the n.pliews or nieces sisters, not exceed- ing three. To one or more of the sisters, not exceed- ing three. To one or more of tlie sisters, not exceed- ing three. To one or more of the sisters, not exceed- ing three. Either or both. Brother or sister of half-blood. Brother or sister of half-blood. To one or moreliroth- ers ami sisters, not exceeding three. shared e(|ually with out reference to the| number of e a cli t family) or any number of one or both, not exceeding three. le are to bring 40 'PahM'; (»k Peusonai- Proi'kkty — Oont Feb. 1869, Land in which the husband dies beneficially entitled to an in equitable ecjuitable estate in possession, or is erpial to" such an estate "States, other than an estate in joint tun.mcv, is subject to dower c. 133, s, 1; 4\V. 4.,c. 1. ' - J The estate of a widow as tenant in dower is not afl^ected by Descent, the la\y of descent, c. 108. s. 49 ; 14 and 15 Vic, 1st Jan. 1852. A widnw may in lieu of all claims to dower in real estate Share of by deed or instrument i-. writing, attested by at least one Sted as witness, elect to take her interest in her husband's undisposed personalty, of real estate, c. 308, ss. 2, s. 4 ; 1st July, 1886, Tn muTgtffed lands. Whore hiiH- biind liad right of entry, How barred after hun- band's death. By dead. Order of court. 44 Dower barred in a inortgngo operates only to extent nece.ssary to give full ett'ect to riglits of mortgagee or grantee under the insstrunuint. (c. 13M. s. H ; 42 V. c. 22, s. 1 ; lltli Murcli, 1879). And wife is entitled to dower in surplu.s of piirclia.>-e money from mortgage sale. (s. 6, c. 133).* But a widow nuisl elect Itetween taking lier interest in lik» moneys anil lier share of such as personal estate ; c. 133, s. M. Lanil subject to dower if in possession of husband is subject thereto during the period witliin which right of entry or action nught be enforced, c. 133. s. 2 ; 4 Will. 4, c. 1. A widow's ri'dit f»f action is barred after 1(> vears fiom husband's death, notwithstanding any ilisabilitv (32 V. c. 7, s. 22 ; 38 V. c. 16, .s. 14) or, from time when actual possession by her (either alone or with heirs or devisees) ceased, unless right of action had ccaHcd before 5th October, 18H0, when this amendment became law. c. Ill, ss. 25, 20 ; 43 V. c. 14, s. 3. Dower may be barred by separate deed of wife (37 Geo. 3. c. 7, s. I ) and without husband joining (47 V. c. ID, s. 22 ; 1st July, 18.S4) and her power of attorney authorising execution of di^ed -alid. 29 V. c. 28, s. 22 ; 18th Sept. 18H.5 ; c. 131-, ■. Wife's kcu .)rior to 2nd March, 1877, is eH'ectual, although hu.sband not a party thereto, and notwithstanding ab.sence of acknowii (Igiiiont o' 'ome informality or irregularity in the certificate or vi. i d. c. i.<3, ■'. 18; 40 V. c. 8, s. 36. The court will dispense with concurrence of widow or wife on application by husband, owner or any person having the right to sell or mortgage (46 V. c. 12, s. 1 ; 1st Feb. 1883) in- cases where (1) wife a lunatic ; (2) wife living apart from husband for 2 years under circumstances by law disentitling her to alimony (40 V. c. 8, .s. 35 ; 2nd March, 1877 ; and 41 V. c, 8, s 13; 7th March, 1878) ; (3) where sale and conveyance and agreement that purchaser retain part of purchase money on account of dower ; and (4) in all cases where indemnity given (40 V. c. 8, s. 34 ; 2nd March, 1S77). But the court will ascertain and make provision for securing the value of the wife's dower for her benefit in .such cases. 41 V. c 8, s. 13 ; 7th March, 1878 ; and 44 V. c. 14 ; 4th March, 1881 ; c. 133, ss. 9 and 10. Provision is also made for obtaining a judge's order as to dower where wife is a lunatic but not confined in an asylum ; c. 133, s. 11 ; 44 V. c. 14, s. 2. *In other words, as a widow (survivinff the mortgagor) she will get dower based on the value of the land uadiminished by the amount of the mortgage. " By section 6 the extent of this dower is to be the same as if the land had not been sold ; to the same extent as if the mortgage had been paid o£f or redeemed. It is intended to supply the measure of her rignt as regards the surplus, and to show that the computation is to be based on the value of her dower in the entire estate and not merely in that of the equity of redemption." But this construction would appear to apply only to mortgages in which the widow bad extinguished her dower for the purpose only of giving a title to the mortgagee to better the security for the husband's benefit. (See Forrest v. Laycoek, 18 6r. Oil ; re Hague, Traders Bank v. Murray, 14 Ont. 660, and re Croskery, 16 Ont. 207). But see judgment of Street, J., in Pratt v. Bunnell, 21 Ont. 1. 45 ly to extent '00 or ^'rantef! 12, s. 1 ; nth in surplus of !. 183).* But ercst in lika ,e; c. 13:}, s. H. •and is suliject L'nlry or action lO years from f (32 V. c. 7, s. I |)OHHession by id, unless riji,'lit SO, when this V. c. U, s. 3. v'ife (37 Geo. 3. ;. 19, s. 22 ; 1st ising execution li Sept. 1««5; ctual, although ding nbsence of gulaiity in the 3G. I widow or wife .son having the St Feb. 1883) in- ng apart from aw disentitling 877 ; and -H V. ,nd conveyance lurchase money lere indemnity t the court will e value of the 1 V. c 8, a. 13 ; , 1881 ; c. 133, e's order as to in an asylum ; 8he will get dower it of the mortgage, if the land had not lid off or redeemed, the surplus, and to ' dower in the entire Jut this conttruotion .. had extinguished tgagee to better the ^ Gr. Gil ; re Hague, Ont. 207). But see The onlfis aforesaid may be registered, and if endorsed on RpgjHtration the dee. Tlie rij;ht of a married woman to dower cannot be seized or sold umler execution before the death ot her husband. .')() \'. c. 8. p '2r,- 23rd April, 18^7. Under 'I /h> Frt'i- Gniiits anle waste, unless un intention to confer such right expressly appear by the instrument creating such estate. 44 V. c. 5, a. 17 (3) 22 Aug. 1881 ; Judicature Act, h. 53 (2). Equity Rules. See Rules of i^quity. Escheats and Forfeitures, c 95, p. 897. Lands and tenements which have escheated or become for- feited to the Crown, can be taken possession of, and where withheld can be recovered by ordinary action by the Attorney- General without inquest of office. The Lieutenant-Governor, 46 ii'i: ": GoixIh exempt frotii Hn'zure. BoddinR. Apparel. Furniturn, Fuel and uro- visions. AnimalH. Tools. in council may niako jjnint."* of .such laruls without «'ntry or in(|Ut'st of otHco \)c\w^ first fouii«l, and fio liiif^ powt^r to reloaso forfeitt'tl property or waive tlu; tbrfeitiire. He has ulso a power of ilJHpo^ition over personal property escheated an. 40 V. c. 7, Sch. A, (!)rt(fa(for'g inl Ti'st in ni >rt||fagtd K" "Is. -M irii-y and Heciiritie.s. M'liiit mill/ '.'• Sdlil II mil r I .I'l'iitmn (li/ililist htllil.i, iMluity of rrilHiiiption. Continjfent interests. * See Rumohr v. M'lr.c -i (). R. 1(57. c van V. Brown, Ki Gr. 472 and re Ktenun, 3 Chy. Chamb. 285. 48 MarriP'l wmiian'M in- e'loktc ri^ht til (Idwit ncit Priority of writtt of t'x- ecution iil)o iMhcd, t'tc. Execution on judpirK'iit in detinue. c. 100, H. J>, (from C'.S.U.C!. c. !)0. m. a) nuu'U.U vA Ity 40 V. c. 10, H. 22, may h« cc nveyiMl or an- Mi;;ne)- [For execution a^rainst municipal corporation.s, see The Miudc'ijxd Act, s. 4:^8.] 51 V. c. 5. Executive Administration of Laws. Executive Council, c l.S. p. 21G. Executory Inttrests. See Transfer of Property. Executors. See Trustees and Executors. Executors or Administrators, Protection of. 53 V. c. 29. See Trustees and Executors. Executors and Administrators, Sale of Real Estate by. 54 V. c 18. See Sale of Real Estate by Exemptions from Seizure. See Execution.s. Landlord and Ttnant. Exemptions where goods seized under power in mort- gage. See Mortgages. 40 ;i()ti.s, see ►f. 53 V. c. 29. )wer in mort- l Exemptions from Municipal Assessment. .Vt V. c. 5+ ; ryl V. c. 4.*}. Fees of Justices, c 7H, p. .sl4. Fees of Counsel, etc, in Administration of Justice, c. S;{, p. HU'A. Fences. Srf i.ine b'enco.s. Ferries, c. 117, p. 1 102. Fines and Forfeitures. Appropriation of. c. «!), {). 8«J(i. Fire, Accidents by. c. 217, p. 2.M50. Fires. .SVv Forest Kire.s. Fire Guardians and Bush Fires !i-2 V. c. 4G ; 53 V. c. G3. Fireman's Exemption Act. v. iss, p. 2042. Fisheries Act. o. 32, p. 3;{7. Foreign Judgments Srr Witne.sses and Evidence. Forfeitures. Srr K.schoats, etc. Forfeiture of Leases. Ser Landlonl and Tenant. Forest Preservation Act. c. 213, p. 2332. Foresh Fires, Extinguishing of. .')3 V. c. ti4. Franchise Assessment Act. 52 V. c. 40. Frauds on Sales and Mortgages. See Transfer ( .f 1 'luperty. Fraudulent Conveyances. See Voluntary and Fraudulent Conveyances. Free Grants and Homesteads c. 25, p. 298 ; 52 V. c. 7 ; 5;i V. c. (J. Under tins Act a patent will not l»e i.ssued until the locatee \y^^^,^^ ,„itent has lieen in operation as such for .') years, and has performed toi^^m. the settlement duties reijuireil liy section S. [But see 53 V. c. 6, s. 4.] There can be no valid alienation of the land, except by n„ alicnati.m devise before issue of the patent, .s. 10. 31 V. c. S, .«. 12. And '"X'ep'^by no alienation (except by devi.se) and no mortgage or pledge vloiirtopiit- of the land or of any right or int.irest therein by the locatee ent allowpd. after issue of the patent, and within 20 years from the date ga^e or'IlledKe of the location, and during tiie lifetime of the wife of the valid, locatee, will be valid unless the same be by deed, in which 4 (J.I.) A(> K<><|UillitM llf |i«Utllt. Wii|i)w'ii right* nt ili'ath of th«> witV i)t' tlu> li>catiti> JN r)t)«' of tilt' ^'t'nntoM witft her him* ImukI, iiiir uiili'HM MivU i1i'«m| in iluly i>x«>cutiM| hy h«r. n. 17, m y. c. H, M. i;{. Kvfi-y niitt'iit iiiiist liax'i) Ntute*! in th*' txxiy tiifit'of tlio iiAiiiiMit' tnu orii^iiiitl l' nii<| tlKMlatoor IiIh locatinii. n. 18. Oil thf (h^atli «>r II l(M'iitft' wlu'tlmr lM't'<»r*< i»r af"tri'.<«t tlxTt'iii iliiiiti)^ widowhootl, l)iit hIio may insti-ail *-l«>ct to liavu liiir dower H. I!». ;U V. c M, m. 11. l'»ti'nt««il Un.i No land locati'il iiiuler this Act, or any int«r«'st thcnfin, can !leUi.%Vc. for I'wi'K' lialili! to the HatiNl'action of any d«l»t or liahility con- UO y<>»rH. tractrd or incurn-d by tho Incutcu, his widow, lu'irs or dcvist'CH Ix'for*' i\w issuing of tho patnit, and thi>i'*>aft*>r whili> tho land or any pait thtTfof. or inti-n'st tluiviri, is ownml liv the locates, his willow, hoirs or dovist'cs, such land, part or inter- est, will, during tin- 20 years next al'ttr thu dato of tin' loca- tion, l)»! t'xi'iiipt Ironi attachiiicnt, levy under oxceution, or Male for payiiifiit of dclits and will not bcoointt liahlu to tliH satisfaction of any d»;l»t or liahility contracloil or iiu-urri'd hcfore or during that perioti, save and except a deht sei-urecl by a valid niort^a^^*! or pledj^e of the* land made sul>sf't|uently to the issuing' of the jiatent s. 2l>. .SI \'. c. H, s. I't. I'rovidionH for '»2 V. e. 7, makes provision for conveyance of lan4 V. c. 4.S. c. 221, p. 2'.\7-i\ ■>l V. c. :{(i; 53 V. 18. c. 159, p. 1407 ; 52 V. c. General Road Companies Act. 27 ; 5:'. V. c 42. Ginseng, h xtermination of. 54 X. c 52. " Grant," effect of word in deeds St-r Transfer of Property. Growing Crops, Sale of. ISee Landlord and Tenant. Guardian of Infants. See Infants. Habeas Corpus, c 70, p. 778. Haliburton, provisional County Act. c. (i, p. 40. Health. Sec Public Health. Heir and devisee Oomniission. c. 27, p. 800. Every person claiming any lands in Ontario for which no patent has issued, as being the heir, devisee or assignee of the original nominee of the Crown, or as having derived a title or claim to such lands from or through any such heir, devisee or M AMMi){m>«, may JuiiiK his clnim Ixfon' ('MiiiiniviioimrH ap|Ktint«li. luting wja r«viMinK, iv 2*20 , fi:» V. c. 72. High SchoolH, expropriation of land tor. M V. c. 57. Highways. N/v Truvellinj; upon puMic }ii;,'liwa>'M. HoBpitalB, Inspection of c 250. p. -'♦i.^o. Houses of refuge '>:'.. V. c. 7«. Husband and wife Sie MniTii-d WfJinms Property Art. ('y him as a iiu'inhtM' of his family, (sec l), if the motluT dining prr^'nancy or within months after birth of her .ssarie<4 is the plaintiff suin;,', other testimony than that of the mother is iv(iuifed to prove; that tlu' defendant is in fact th.' father of the child, s. 2. Other remedies a'.^'ainst tho father are not aH'ected by thi.i Act. .s. r,. From 7 Will. 4 c. N : C.S.U.C. c. 77 Immigration Aid Societies, c. 174, p. 1708. Implied Covenants. Sec Transfer of Property. Mort^;a},'e8 Imprisonment for Debt. S>r Arrest and Imprisonment. Improvements under mistake of title. Sec Transfer of Pn^perty. Indemnity to Trustees. Sec Tiusti^es and Executors. Indigent Debtors c. G8, p. 773. Industrial Schools, c 234, p. 253S ; 5i v. c. 39 ; 53 V. c 76 ; 54 V. c. 59. Industrial reftige for girls c. 240, p. 2573. Infants, c 137, p. 1276. r^ CuNtody uf. MHinu-nnncf. 02 The Hij^h Court or Surrofralu Court, or any Juclgf* of either Court, may upon application of the mother (wlio may apply without next friend), make Huch order as the Court or Judt,'e sues tit re<,'ar(linj^ the custody of an infant, and the riijht of access thereto of j.'ither parent havinjj I'ej^ard to the infant's welfare, the conduct of the parents, and to the wishes as well of tlie mcjther as of the father, and may afterwards alter, vary or discharge the order, on the application of either parent, f)r ntiy guardian appointed after tluf death of either parent ; and in every case maj' make such order respecting the costs of the mother and the liability of the father for the same, or other- wise as to costs as the Court or Judge may think fit. The Court or Judge may also order the maintenance of the infant by the father, or out of the infiint's estate, by payment of such sums of money from time to time as according to the pecuniary circumstances of the father, or the value of the estate the (,'ourt or Judge thinks just and reasonable, s. 1. 50 V. c. 21, H. 1. 28 April, 1«87. But no such order will be ma in j^ross out of the purchase money (12 \'. c. 72, s. G)as may he deemed upon tlie principles applicable to life annuities a reasonable satisfaction, or may direct the payment to the person so entitled of an annual sum, or of the inc(»me or interest to be derived from the purchase money or any part thereof as may seem Just, and for that pur- pose may order the investment of the purchase money or suoli s. !». +2 V. c. 22 s. 5 ('.]), vns seven years. part thereof as mav l»e necessary. 11 March, lh79. Upon the written application of an infant oi' the friend or Appointment friends of an infant residinjj; within the jurisdiction of the Sur- "f tfuardians. rojTjite Couit to which application is made, ami after proof of 20 days public notice theieof, the .lufJ^'e of the Court may appoint the father (44 V. c. 10, 4 March, LSHl), or if the infant has no father living or any legal guardian authorised by law to take the care of his person and the charge of his estate, may appoint some suitable and discreet person or persons to be guardian or guardians of the infant. cS Ceo. IV. c. G, s. 1, C.S.r.C, e. 74, s. 8. But not without the consent of tlie infant if he is 14 vears of age or over. 44 V. c. IG, s. 8, 4 March, IHHl. i^s 10 and 11. On the death of the father of an infant, the mother if .sur- viving will be the guardian, either alone, when no guardian has been appointed by the father, or jointly with any guardiari appointed by him. And where no guardian has been appointed by the father, or, if one so appointed dies, or refuses to act, the High Court or Surrogate Court, or a Judge thereof may appoint a guardian or guardians to act jointly with the mother. s. la 50 V. c. 21, s. 2, 23 April, 1SS7. The mother of an infant may by deed or will appoint any person or ])ersons to be guardian or guardians of the infant after the death of herself and the fatlier (if the infant be then unmarried), and where guardians are appointed by both parents they will act jointly. She nuiy also by deed or will provision- ally nominate a guardian or guardian.s to act after her death jointly with the father, and the Court or Judge may confirm such appointment, if it is ;shewn that tlie father for any reason is unfitted to be sole guardian of his cliildren, or such other order may be made in respect of the guardianship as the Court or Judge may think i-ight. s. 14. 50 V. c. 21, s. :'., 28 April, 1887. The Court or Judge on application of the father or any Ci>rd« ing-houHe kefptT.i elt. Lien on hurHea Inke«'per'8 lien against servants' wear* ing apparel liinitea. p^ 50 I'Hii I "I' Insurance for benefit of aBHurcd'H family. Deemed a trUHt for bene- fit of members exempt from creditors claiiiiH, etc. AsMired may vary a i)olicy or an appor- tionment by his will or other instru- ment. Insolvents, assignments by, etc. See A.s.si^Miinoiits nnd IVet'orences hy. Insurances for benefit of wives, etc. c. 18(5, p. 1209 : 51 V. c. 22, : oli V. c. HO. An insurance effected by any por.son on his or her life by a policy is.sued hefore (53 V. c. IV,), a. 2) or after niarria^'e, or by .subsequent endor.seiuent thereon, or declaration in which such policy is identified by its number or otherwise, which is thereby expressly declared to be nuide for the benefit of cer- tain niendiers of insured's family, namely : Wife alone, or Wife and children, or Wife and some or one of children ; Husband alone, or Husband and children, or Husband and .some or one of children ; Children only or .some or one of them ; Future wife alone, or Future wife and children; or The mother of the in.sured, will enure and be deemed a trust for tlie benelit of such member or members, and so lonj^ as any object of the trust remains, the money payable under the policy will not be sub- ject to the control of the insured or his or her creditors, or form part of his or her estate when the sum secured by the policy becomes payable, and subject to any pledge of the policy to any person prior to such declaration, will be paid free from the claims of any creditors of the insured (ss. 2 and .j), 47 V. c. 20, .ss. 2and '^ (25 March, 1884). The insured may also by his will or other instrument in writinj,^ identifying the policy, vary a policy or declaration, or an apportionment previously made .so as to restrict or extend, transfer or limit the benefits of the policy to the wife alone, or the children, or to one or more of them, although the policy is expressed or declared to be for the benefit of the wife and children, or of the wife alone, or for the child or children alone, or for the benefit of the wife for life and of the children after her death, or for the l)enefit of the wife and in case of her death during the life of the assured, then for the child or children of any of them (53 V. c. 39, s. 6), and may apportion the amount of the insurance money where more than one i.s intended to be benefited, or vary such apj)ortionment, as he or she deenis proper,* and an apportionment by will is to prevail over any other made prior to the date of the will, except so far as any such other has been acted on before notice of the apportionment by the will. s. G. 50 V. c. 7, s. 14 (23 April, 1887) repealing 47 V. c. 20, s. 6. •Applicable to policies heretofore issued as well as to future policies. 50 V. c. 7, H. 14. 67 Anionj,' other provisions the Act providcn For flistiiliiitiuii whore no apportionment made, s. 7. For the surrenderor iiHsij^nment of the policy. Hi. As to the slmre of a heneHciary dyin;,' after apportionment in lifetime of assured, s. 8. Incase of" death of persons entitled where no apportion ment. s. f). For the appointment, revocation an V. cc. 80, 81 policies. 50 V.. and 82 ; 58 V. c. 44 ; 54 \'. c. 87 Insurance of live stock. 52 V. e. 38. Intestates estates, Crown administration of c. 50, p. 708. At the instance of the Lieutenant-Governoi', !\dmini,stration may is.nie to the Attorney-General in cases wliere nominee of the crown entitled to administer, s. 1, 8(! V. c. 21, s 1, and in cast's where.' there are no known relatives of tlie intestate livin<,f within the province, or any known relatives who can be readily commiinicated with livinj^- elsewliere, s. 2, 40 V^ c. 4, s. 1. Security for such administration by the Attorney- General is dispensed with. s. 4. 8G V. c 21, .s. 3. Real estate may )te .sold by the administrator under the direction of the Lieutenant-Governoi-. s. 5. 40 V. c. 4, s. 8. Intestacy, limitation of actions in. See Limitation of Actions. Intestate succession. See Devolution of Estates. Interpretation Act. c. 1, p. 1. Except where inconsistent with the intent and object of any Act, or the interpretation by any provision (i;iven to any word, expression, oi clause is inconsi.stent with the context, and except in so far as any provision is in any Act declared not applicable thei'eto, the following sub-sections of section 8 of this Act extend and apply to every Act of Ontario contained in and passed subsequent to the Revised Statutes, .s. 7. 1. The law is con.sidered as alway.« speaking, and exprcs- p:xpre88ion8 in sions in the present tense are applied to circumstances as they i"'''ent tense, arise, so that efl'ect may be given to each Act and every part according to its spirit, true intent and meaning : r I "Sh»ir»nd '• in»y." "Herein." " Now " or "next." " I'orHou." "Writing." " Month " " year." " Holiday. Computation N 2. The word " .shall "* id construed a.s iiuperativc and the word " may " as penui.ssive. ;<. The word " Ijcruin " when nst^d in any .section rt'latfs to the whole Act and not to that particular .section only. 4, The word " now " or " next" refers to the time when the Act WHS pre.sented for the lloyul a.ssent. l;i. The word "person " includes any hody corporate or politic, or party, and the heirs, executors, administrators or other legal representatives of such [)ers(jn to whom the con- text can apply according to law. 14. The words ' writinjij." "written," or any term of like imjtoi't include words printed, painted, engraveirf.-< on a holida). "Oath." "Sworn." " Affirmed." Number and gender. of time wii«re foe the doing cf anything under its provisions, expires or falls upon a holiday, the time so limited extends to and such thing may be done on the day next following which is not a holiday. 18. The word " oath " also means solemn affirmation when- ever the context applies to any person and case by whom, and in which a .solemn affirmation may be made, and in like cases the word " sworn " includes the word " affirmed." 24. Words importing the singular number or the raa.sculine gender only, include more per.sons, parties, or things of the same kind than one, and females as well as males and the converse. Acts to be 34. Where an act or thing is required to be done by more done by more than two persons, a majority may do it. than two. '^ J J J Deviation 35. Where forms are pro.scribed, slight deviations therefrom from forms, not affecting the substance or calculated to mislead, will not vitiate them. Powertomake 36. Where power to make by-laws, regulations, rules or or- confer power ^^^^ ^^ Conferred, it includes the power to alter or revoke the to alter. same and make others. All Act8 1() be 37_ Every Act is a public Act unless expressly declared to ^m pu ic ^^ ^ private Act, and will be judicially noticed without being specially pleaded. *In this work the word " will " is invariably used where the word " shall " ap- pears in the Statutes. ivL' and tho ntli, mid the done by more word " shall " ap- 50 38, Tlio preainbh^ of an Act is part thereof, inten)thers are a|. pointed in their stead, and all pro- a"t}n "under ceedinns taken under tho old law are to bo taken up and con- it. tinned under the new law when not inconsistent theniwith, and all penalties and forfeitures may bo recovered and all pro- ceedings had, in relati(m to matters which happened lud'ore the repeal as if tho law were still in force, pursuing tho new provisions as far as they can bo adopted to the old law. 4.'{. The repeal of an Act at any tium does not affect any act An to nctH, done or any ri<,dit or right of action existing, accruing, ac- f^J^'|,^'|"j^[ ^®' crued, or established, or any proceedings commenced ifi a civil cau.se before the time when .such repeal takes effect; but the proceedings in such case are to conform when necessaiy to tho repealing Act 4'i. All rules and regiilation.s made under an Act before tho Ruleg, etc., repeal thereof continue valid until altered or annnlled. r^^al' *^'"''' Institutes. See Collegiate. Mechanics, Deaf, Dumb and Blind. Institutions for Deat. Dumb and Blind, c. 247, p. 2()41. Interest. R. S. Canada, c. 127 ; 58 V., c 34 (Dom). Except as otherwise provided by this or any other Act of the ^^y ^^^^ „f parliament of Canada, any person may stipulate for, allow and interest may exact on any contract or agreement whatsoever any rate of |'«^**'P"'a*ed interest or discount which is agreed upon. s. 1, C. S. C. c. 5.S, s. 3. Whenever interest is payable by tho agi'eement of parties or Legal by law, and no rate is fixed by such agreement or by law, the interest. rate of interest will be (J per cent, per annum, s. 2. C.S.C. c. 5«, s. 8. Whenever any principal money or interest secured by raort- Rate.s under gage on real estate executed after 1st July, 1880, is by the same certain mort- made payable on the sinking fund plan or under any plan by '^*^^*'" which the payments of principal and interest are blended, or j on any plan which involves an allowance of interest on stipu- lated repayments, no intere.st whatever will be chargeable pay- ible or recoverable, unless the mortgage contains a statement r no I I N"i Hn«'H, itf. on |>nynirntM in iirrfur. Recovi'iy (if iiviTcliiirvfc. MurtKHK^'i f'Xtt-mliiiK for lon^iT |i»'iiod than 5 v» iirn can lie |>ai(l. Xo liigliiT rate than tl |»'rci'nt to b«' taken l)y any CDrpura- tion. Excejit certain insurance com- panieH. Such contracts etc., void. Hhowini; tlu' ainotiiit of such principal inuDfy and the rati^ of intrnwt cliar^eahUt tliert'on, calcuhitcd yearly or half yearly^ not in advance, s. H. 4H V. c. 4'2, s. I, And no rate Ix'yond that .shewn in such statctiient will be charj^(,'altle, pnyalde or recoverable, s. 4, ih. No Hnc or penalty or rate of interest can be stipulated for taken, reserved or e.xacted on any ariear of prineipal or inter- est secured by such niortya^o of real estate, which has the effect of increasing the charge ; but nothing herein contained is t<» have the effect of pr()hii)itinj,' a contract for the payment of interest on arrears of intei-est or princij)al at the rate properly charj^'eable on princii)al not in arrear. h. 6, lb. Any sum paid contrary to the three sections n(!Xt preccdinj^ may l»e recovered back or deducted from any other interest, fine or penalty chargeable, payable or recoverable on the principal, s. 0, ih. If any person liable to ])ay or entitled to redeem a mort<»a{i[e not nuide payable till a time more than o years from date, at any time after the expiration of such Ti yc^ars tenders or pays to the person entitled to receive th(! money, the amount due for principal and interest to the time of payment, as calculated under the four sections next precediujif, toi^ether with three months further interest in lien of notice, no further interest can be charged or recovered on the principal money or interest due under such mortgage, s. 7, ih. But mortgages upon real estate given by a joint stock com- pany or other corporation, and debentures issuod Ity any .such ccjmpany or corporation for the payment of which security has been given by way of mortgage on real estate, are exempt from the application of this .section by ').'} V. c. 34((;). Excepi/ as otherwise provided by this or any other Act or law, no corporation or company or association of persons, not being a bank, authorized by law before the 10 Aug., 1858, to lend or borrow money, can, upon any contract, take directly or indirectly, for loan of any moneys, wares, merchandise or other commodities whatsoever, a greater interest than at the rate of G per cent, per annuu). Bat any insurance company incorporated by Act of the legislature of the late Province of Canada, ov of either of the late Provinces of Upper or of Lower Canada, or by charter from Her Majest^^-, or by an Act of the parliament of the United Kingdom, and any corporation constituted for religious, chari- table or educational purpo.ses in the Province of Ontario or Quebec, authorized by law to lend or borrow money, may stipulate for, allow and exact on any contract or agreement whatsoever, any rate of interest or discount which is agreed upon, not exceeding 8 per cent, per annum, s. 10. 3G, V. c. 70. All bonds, bills, promi.ssory notes, contracts and assurances, whatsoever made or executed in violation of the preceding section will be void, and every offending corporation, company or associatiofjs of pt'rHons will incur a penalty »>(|iinl to troblf till- viiliu' (j| tin- moneys etc., lent. ». 11. C8.C c. .')«,s. !); C.S.IT.C. c. n.s. 4. Investmenti by Trustees. Sec Trustees, dutie.s ainl powers ol'. Jewish religion See HL>li^ri,,iiH inHlitntion.s. Joiut contractors debts See Written pionii.ses, etj. Joint mortgage account. .sVf; Mort^'aj,'e». Joint tenants. See Devolutions of E.state.s. c. 10«,.s. 20; 4' ill. ^, c. 1, .s. +.S. Joint Stock Companies' General Glauses Act c. 150, p. i *;{:{ i ')2 V. •;. 20. Joint Stock Companies' Letters Patent Act. c. 1.37, p. 144.-}: -i'Z V. f. 20; 5* V. c. :V2. Joint Stock Companies' Act, for constructing toll roads, etc. c. 1.")!), p. 14*i7; '>2. V. c. 27 ; rr.i V.c. 4^. Joint Stock Companies' Act, for constructing piers, etc. c. 101, p. i:ri\. Joint Stock Companies' Act, for erecting Exhibition buildings, c. 102, p. l.'}27. Joint Stock Companies' Act, for constructing timber slides, c. 100, p. I ')i:i Joint Stock Companies' Act, for constructing mining companies' roads, c. I O.J, p. l.');{;i. Joint Stock Companies' Act, tor supplying gas and water, c. 104, p. |.'):i."). Joint ®tock Companies' Act, for supplying steam, heat, light, etc. c 10.'), [). 1.").').'); i')4 \'. c. 3.'). Joint Stock Companies' Act, for establishing cemeteries, c. 170, p, 1721. Joint Stock Companies, as to changing names of. c. 17«, p. 1724. Joint Stock Companies, as to fees payable by. c. 179, p. 1720. Joint Stock Companies, as to returns by. c. 1.S0, p. 1727. Joint Stock Companies, as to acceptance of certain companies as sureties, c. ISI, p. 1728. Joint Stock Companies, as to investments by. c. 182, p. 1729. Joint Stock Compa lies, as to winding up of. c. 183, p. 1730 ; 53 V. c. 49. 62 m.'i Appcirtion- tnent of rfiit. %> Apportion- ment of con- dition of re- entry. Judicature Act. c 44, p, 445; Ti'i V. cc. lO und U ; 54 V. f. 11. Jurisdiction of Oounty and Division Courts S,e County Court. Division Court. urors and Juries, c. ^^2, p. OK); .'2 V. c. 10, s. <{ ; 5a V. c. 20. Justices of the Peace, c. 71,p 7hi, .s'«« Vexatious nctions a^rainst. Fees of. Justices of the Peace, disqualification of :>4 V, c. 10. Juvenile oflfenders, custody of oM, V. e. 75. Land Improvement Fund Act. 54 V. c. !). Land Surveyors, c 152, p. 13!)5. Land Titles Act. c lid. p. I0H7 ; 51 V,c, 11 ; 52 V.c. 20; 5:} V. c.'^'J. Applicabli! to tho City of Toronto, (^outity of York, Districts of Alf^oniM, ThundtT Bay, Rainy River, Miiskoka. l*arry Soiinpect thereof, be entitled to the benefit of all con- ditions or powers of re-entry as for non-payment of the original rent or other reservation before severance s. 7. 29 V. c. 28, s. 4, (Sep. 18, 1865). (i.l Wlniti till' n'VorHioii oxptictuiit on ii Ifusc <»l' luinl nit'r;,'t'.s M«rK«'r. ntr, nr in Hiur.iit|t're iirxt vi'stod rij^'ht to thi' satiu' himl, will, to th*i cxtt'iit of uiid for pn-si'rvin^ siirli iiiciihiits to anil ohlij^atioris mi tho saiiu! n-v rrsioii as liiit for tho Miirri'tiilor or inor^or thon-of woiihl havo sulmistoil, l»o iIi'oiimmI tlio rovorsioii o\|iootatit on tho saiiio leani'. s. N. Ui:. V. (• 7. s. 7 : (,;..S.U.<'. o. IM) H. 7. In ovory iloniiso niado ami ontoreifl into aftor 'J*)th Maroh, nj^|,j „f IHMO, whothor l»y parol or in Wiit'n^, an ayro.Mnont ;;ivinj,' a rui-ntry. rif{;ht of nj-onti y if iloliinit niado in payinont for tiftoon days, otc, will ho doonioil to ho itii'ludod thoroin nnlos.s uthorwiso a^rt'od. s. !». 4!) V, c. 29 s. I. 2.') March, IMH(i. If an infant or porson niulor diHuliility is soizod of a rovor- AsHi^umfnt'. sion suhjoct to a loaso, arid tho rovorsloiior's corisont is nt-cos- „'f„|^"/(li"'' sary to an nssi^'ninont or suh-loaso, powor is ^dvon to tho iiiiility. infants ;4iiardiiin, or tho coinrnittoo of such othor porson with tho approhatinn of tho jiid^^o of tho Surroj^'atu (!uurt, to jjivo tlio nocossary consont thoroto. s. 10. 4!) V. c. 2!) s. . No rii,dit oi' ontry or forfidtiiro arisin;^ for hreaoh of a K<'«tricti.>iM. covenant or condition containod in a toaso niadt' Itoforo ,,i- "" 'f'«'l •■•''"•' ,, 1 o- 1 »i 1 1 ,1 1 !• 11 • 1 iiKaiiiMt tor- attor too 2otli Maroh, IHfSt», can '-oonrorcod ny action or otiioi'- ftnturBof wise, until tho lossoo fails to ro'iiody tho I>roach, if it is ca pal do ''«"*^'''- of ronicdy, or unless reasonable coinpon.satiou therefor in luoiiey within a roiisunalilo time alter tho los.sor has M-rvod iiotieo on him spooifyiiiif the partioiilar hroacli coinplainod of, roipiirin;,' him to roiiiody saiiio and doiiiandin<^ such coinpon- sation. And those rostriotions ajiply, althoiij^h such covenant or oondition ho insortod in pursuance of tho directions of any Act of Parliament, and notwithstanding,' any stipulation to tho I'ontrai'}'. Hut this section does not atfoct tho law rolatin;]f to ro entry or forfeiture or relief in casivs of non-i)ayniotit of rent. And does not extend (a) To a covenant or condition a^'ainst assi^mini^, undor- lottin• effMt of |)<>wtr iRMMMt, uttil tlitt iittii'N, )'Xi'ciitoi'i, uiliiiiniN- trators iiti4i^ris of ii Iohmoi', nUo tlio )(rant*>i> iiti<4 ail ori;{iiial or i|i>riviitivi' iimlitr linsor, iirnl tli«< ImirH )>\i-(*iit()r.s, iii IcMHi" litniti>i| to cotitiniK; an lon;^ ••'<'>' »■"* ♦^"' It^-^"**''' altstaiiiM from coniiiiittiii^ u lirrm;li of covi'initit, tor tin- |iiir- |ioNi>N uf HOC. II will li> ainl will taki; rtlVct tin a loaso to con- timir for. any lon>,'(!r ti-rm for which it couM .sul)sist, hut (h'tfriiiiiialilu \>y a provisfi lor n'-«>utry on s\u')i hreach. h. II, ;b. A liri'iiso jiivoii to a lossco or his iiMMi^'tis at any tiino nIhco iHth Si'|ttfnilK'r, 1M(!.'), tx|>r«'s.sot|, extends only to tht) pernils.sion actually ;,'iven,an(l to thf iH'X speeitioilly authorised to he dont;, and will not pre- V(Mit a proeeedinj^ tor, or aflect ri;(hts of ontry or torfeiluru consL'ijUent upon uny siihscipu-nt hreaeh. And tin- like re- striction on the eflt'ct of a licrense will iipply where tho license is oidy intejul(;d to he paifial in its operation, , will ho (le<'ined to extend only to the parti- cular l»n!ach of covenant or condition to which such waiver relates, and will not he tlcemed .i ^'cneral wai\ er, unless an intention to thatoH'ect appi^ais. s. 14, 2!) V. c. I'M h.-I ISth Septemher, IH(ir). A wet'k's notice to ipiit utid a month's notice to ipiit respec- tively ending with the week or the month as the case may he, is sutKcient notice to determine i-espectively a weekly oi- monthly tenancy, s. 15. 'M V. c. 2G n. K). 4th March, IHOS. Kvery tenant serveil with or receiving; notit;e of a writ in an action to recover land, who fails to notify his landlord thereof, is liable to forfeit tt) the per.son of whom he holds, the value of thnic years improved or rack rent of the land in liis possession, s. IG. C.S.U.C. c. 27, s. 50. A landlord haviny; power to re-enter for non-payme»t of rent, nuiy recover jmssession if one-half year's I'ciif arrear, by serving' a writ for such recovery without i- mal ilemimd or re-entry, and upon proof thereof to t. ourL, and that no sufficient di,«*'reHS was to be found on the «i. luLseii premises countervailing the arrears then due, he will be en titled lo judgment and execution, and if the rent anrH, IS 11 1'o re- in ' los«o»< th.' piir- ! to I'Oll- (SlMt, l»Ut ■i-acli «• iiiiu wiiico out such )tht'rwiso ivtn, ami I ii(»t l>ti'- lorr.-iture . likf vo- lio lici-nse ill cxlcn'l h liffiist.'. ihcr, 1HG5. ice of the lessor <>r ^ft.r IHth tilt' ])(irti- iii«Mly other thiin pra| fiom tin' iiiilv(iii juirt of tin- tt>nni)t mill liis Hssi^iiiM*. mill all otln'r p«'rsoiis cluiiiiinif ihmUm' iIh^ {••nne. It will h(! ^ihnI sorvicf if a copy of th«* writ is alHx«>il tu ft •loor of the iiiessiia^'i' ill case ol no tenant hein^ in actiial poHsessiun, or upon some notorious pluec of the lainl, it it is n >t soU(()it to rocovor any nn'ssuu;.'*!. mh. i7, IH ani <-|uiui.ii. such sum as the laiDllonl swenrs to he line over ariil aliovt; all '" '** ' just allowanees and the taxed eosts, and if proeeedinys for e<|uitahle relief are token, and the landlord has entered into actual possession, tin; lessee or his assignee must |>ay to the landlord the ditl'erence hetwi-en the rent reserved lor 'he time the landlord held the lands, and such ninount as the landhu'd really and /n the toot of his writ a.rffs for tiixi'.M. Right of tell- ant to make get otf. (iochIh on ItremiHt's ni t j'roiHTty of tenant to In- exempt. And u{)oii tiling ati anidiivit tliut siicti mmU'I' for ;(ivin^ security l>as IxiPii iiuule and Hervcd and nob conipliud witli.tlio lessor or landlord may sij,'n jiidj^nuait for the recovery of poH- session and eo>«tM of suit. Action on tlieltond is iiniitud to witldii renii.ses will he deenu d iXood service, ss. 27 and 30. '>0 V. c. 23, .s.s 1 and + ; 1st. Oct , 'ls,s7. (ii)ods e.xeihpt from seizure under execution are also exempt from distress hy a collector, of taxes aecruiny after IstOd. 1887, unless they are the property of tin; persctn actually as- sessed for the piemises, an) NVIiere the goods are cliiimed l»y the wife, liiisliand, daughter, son, dau^hter-iri-law, or son-in-law of the tenant or any other relative uf his, in casit such other relative liv<;s on the prumises as a niem- her of" the tennnt's family. And nothing in this section contained is to exempt fmm seizure hy distre.»^s, goods or merclumdise in a store managed or controlled for the owner hy an agent or clerk who is the tenant, if such goods would have Ixten liahh; Itiit for this Act Th(! word " tenant " in this section includes the suh-terumt the assigns of tlm teiuiiit, and any person in actual occupation under or with tenant's assent during currency of the lease, or wliile rent is due tir in arrear, whether hen- attics for of- fi'iiccK in resju'ct of such coi^t. A|>|)Iicatii>iiof certain sec tioiis. Copy of charges to l>(> ^iv<>n vn nmk- intf tiistress. Protection of goixts of lo('(f- ers and Iward- ers from dig- trutts. Tlic costs of distress where the amount distraincil for is less tlian i) Advertisement when neces.sarily publisluvl in a news- paper 82.50, but not exceeding,' !?5. (c) If any printed advertisement otherwise than in a newspaper 1?1, but not to exceed 18^3. ((/) The sum of $1 per day for nuin keepinj^ pos-scssion in lieu of 75 cents per day. (e) Where the amount due is paid or satisfied in whole or in part after .seizure and befon^ sale, .*{ [n'l- cent, on the amount reali/.ed. s. 35. 50 V. c. 23, s. 9- . Any person interested in the distress may upon j,'ivin<,' two days' notice in writing, have the costs of the person making the distress and the disbui'sements charged, taxed by the clerk of the Division (-ourt within whose division the distress h»is been made, upcm payment of a fee of 25 cents, and if the ])ei - son so making the di.stre.ss fails to furnish the clerk with a copy of his costs, etc., for taxutioji, he will not be entitled to any costs, charges, or disbursements whatever. If the items in disjiute amount to SIO, either party on giving two days' notii-i' may have the taxation revised by the clerk of the County Court on paying a fee of 50 cents for such revision, which fee in the discretion of said clerk ma}- be deducted from or a'lded to the bill as tinallv taxed by him. .s.s. 37 to 41. iO V. c 23, ss. 11-15. Sections 34 to 42 above, as to costs, are to be reatl with and as part of "The Act respecting the costs of distress" (R.S. e. 03), and any |)erson offending against sections 34 and 3;" of this Act will be liable to the penalties provided by section 2 of c 63, and in atiy proceedings taken under that section the tax- ation aforesaid will not be taken as conclusive evidence, ss. 3t» and 41. 50 V. e. 23, s,s. 10 and 15. Every person making a distress must give to the person on whose goods the distress is levied, a copy of demand and of all costs and charges of ohe distress, s. 43. If goods belonging to a boarder or lodger are included in any distress, and such boarder or lodger makes and serves on the person making the distress, a statutory declaration, setting forth that the goods are in his lawful possession, and that the immediate tenant has no right of property or benedcial inter- 69 est therein, and also setting,' forth whether any an«l what amount l)y way of rent, l)<»ar(l or otherwise is th October, 171)2, will be the rule for the decision of the .saute, and all matters relative to testimony and legal proof in the investiga- tion of fact and the forms thereof in the several courts in On- tario, will continue to be regulated by the rules of evidence established in England as they existed on 15th Octol)er, 17'J2, except so far as said laws and rules have been since repealed, chang«>(l or affected by any Act of the Imperial Parliament still having the force of law in Ontario, or by any Act of the late Province of Upper Canada, or of the Province of Canada, or of the Province of Ontario, still having the force of law in Ontario or by the iJevised Statutes, s. 1. The Statutes of Jeofails, of Limitations, and for the amend- ment of the law, excepting tho.su of mere local expediency, which prior to 17 January, 1822, had been enacted respecting the law of England and then continued in force, will be valid and eflectual for the same purposes in Ontario, excepting so far as the same have, .since 17 Jan., lH22,been rejuuiled, changed or atfeoted in the manner mentioned in set^ I of this Act s. 2. Fiom C.S.U.C. c. 0. Law and Transfer of Property. Sec Transfer of Property. Law Society, c. 145, p. 1.S81. Leases, short forms of. e. 10(1, p. 9(51. Leases and sales of Settled Estates, (Law as to amended by 53 V. c. 14. »Vc Judicature Act .s. 82.) [See also in Appendix {post) for the Eng. Act. Notwithstanding anything in The Judicature Act or any other Act contained the Court of Chancery and the High Court respectively, shall be deemed to have had, and the High Court shall be deemed to have power to grant or authorize Jury to say if ftiiblication a ibel. Averments in u.^t-iona. Defendant ma^ prove in mitigation that lie offered •n apology. 70 leases ot" suttlt-'tl ttr otluT (!.stntronze eoiiis to the amount of 2.") cents in any one payment which Her Majesty has caused to he struck for circulation in Canada, or in some piovince thereof, are legal tender in ( 'amida antl no others, .s. .'). :i+ V. e. 4 Doni.) ForeiLin gold coins nuiy become legal tender after proclama- tion of Hei- Majesty, and until otherwise so proclaimed the United States .^10 gold eagle and multiples and halves thereof, coined between 1 July, 1.S.S4, and ! Januaiy, IS'y'I, will pass current and be a legal tender in (Janada for !i :i'2-:iii V. c. IH ,s.'l7. Dominion notes i.ssued by the authority of the Governor in Council, will be a legal tender in every part of Canada except at the ofHces at which they are respectively made payable. 11.S.C. c. ;U, .s. 4. 48 V. c. i:i, s. ■). Legislative Assembly Representation, c. 7, p. 4G. Legislative Assembly, c. 11, p. H)7; 52, V. c. 2. Liability of Directors. r»4 V. c. 34. Liabilities of Trustees. See Trustees duties, powers and liabilities of. Libel and blander, c. '^7, p. 098, and .see Slander. Whether a publication amounts to a libel is a question for thejur}* who are not to be directed to return a verdict of guilty on the mere proof of the publication and of the sense ascribed, but may on the opinion and directions of tlie court find a special verdict, s. 2. C.S.U.C. c. 103, s. 1. The plaintitf's averment that the words or matter com- plained of were used in a defamatory sense, specifying such defamatory sense, will be sufficient if the words or matter .set forth shew a cau.se of action, without any prefatory averment to shew how such words or matter were used in that sense, and such averment shall be put in issue by the denial of the alleged libel or slander, s. 3. C.S.U.C. c. 103. s. 2. In an action for defamation where the defendant has pleaded not guilty only, or has suffered judgment by default, or judg- ment has been given against him on demurrer, he may give in 71 ovidonce in initijjf.itlun of diiiiiaj^t's, tlmt he made or ofVered a written or printed apology Itet'ore action, or at his earliest oftportunity altliouj^h action connnonced. s. 4 C.SU.C. c. 10:{, H. ."{. No acticn for lilit-l contained in a piihlie newspaper or peri- odical piihlication will lit; Itefore the plaintit! has given de- fendant written notice spucifving tin- stat«'iuents complained of. Defendant may ])lead that the lihel was ins«'rted withont malice and withont gross negligence, and that he piiidished or oIl'tM'ed to puhlish an apology, and he may pay into court upon tiling his plea a stun of money l»y way of amends with like i.'tfect as payment into court in other cases. The plaintiM' will recover actual damages only if it appears that the artielo was puMished in good faith ; that there was reasonaliie ground to believe that the same was for the piililic litMiefit ; if it did not involve a criminal charge ; if it appears that the piiMication took place in mistake or mis:ip|irehension of the fat^ts, and that a full and fair retraction of any alK'ged erroneous state- ment was puhlished within three days after receipt of plain- till "s notice in as conspicuous a place and type as wie^ the article complained of. IVovided, however, that the provisions of this Act will not appK' to the case of any lihel against any candidate for a puMic otlice in this provini-e unless the retraction of thecharge is made editorially in a conspicuous manner at least five days hefoi'e the election, s.-s. 5 and (J. C.S.U.C c. 10.'{, ,ss. 4 and 5 ; 50 V. c. 1), s. 1. Reports of proceedings of nuhlic meetings lawfully convened for lawful purposes are privileged if fair and accurate and pub- lished without malice, and if the pultlication of the matter complained of was for the public benefit ; also all reports of proceedings in any court of justice aie privileged if tliey are fair and authentic and without (■omments. Hut the defend- ant will not he aide to avail him.self of any such defence, if he refused to publish a reasonable letter or statement of explana- tion or contradiction by or on behalf of the plaintiff', .ss. 7 and 8. 4o V, c. 9, .s. 8 ; 50 V. c. 9, s. .S. Provision is also made im the defendant under certain cir- cumstances obtaining security for costs in an action brought for libel contained in a pul)lic newspaper: for the plaintiff's examination for that purpose, (s. 9) and as V) the place of trial, s. 10. 50 V. c. 9, .ss. 4 and 5. The phrase " public newspaper or other periodical publica- tion," and the words " a public meeting " are defined l»y the Act. S.S. I and 7. Liberty of the subject, c. 70, p. 778. See Habeas Corpus. Libraries. See Free Libraries. Licenses to lessees. See Landlord and Tenant. Liens. See Mechanics Liens. Innkeepers. II NiiticH of cc>iii|ilaiiit liffikiiiMt new*. PmiiT re- iimrMil. May pay iiMiicy into CDiirt. Wlipii actual (laiiia^i-s only rt'covrrable. Fair rH|M>rtM <' Iiisurance. Light and Heat Act c 1!)1, p. 'UnUi. Limitation, words ot. Si-e Tiftii.sfcr of property. Limitations of certain actions, c. GO, p. 707. Limitations of actions relating to real property. • . 1 11, p. 1011. Jjimllal'um of Actions. r*-: Governiriir itetuteH. The principal governing .statutes are : 11. S. O. chapters tjO and 111, and 21 .lac. I., c. IG, and hy them tin; right to luing action in various ca.ses is linkited as follows : — After 30 y.*rH ,4 It is limited to ;}() years in which to defeat a titl." hy prescription or non-claim to jjroHts n jx-nilre. c. Ill, 8.3+ ; K)- 1 1 V. e. '). s. 1 ; (IS.U.C c. HS, s. :{G. After 20 yearM />. It is limited to 20 years after a caiise of action has ac- crued • 1. In case of rent pavable upon an inilenturo of demise. c GO, .s. 1 ; 7 Will IV., c. 'S, s. M ; C.S.U.C c. 7h, s. 7. 2. Upon a judgment. 3. Upon a bond or specialty, c. 60, s. 1 ; 7 Will. IV., c. 3,8.3 : CS.UC.c, 7», s. 7. 4. Upon a recognizance, c. tlO, s, I ; 7 Will. IV., c. ^, s. .S ; C.S.U.C. c. 7.S. s. 7. 5. For the recovery, after 1st January, 18(iii, of share of personalty of an intestate in pos.session of personul representative, c. GO, .s. 9 ; 29 V. c 28, .s. 30. (). To defeat a title V)y prescription or non-clann to right of \ ay, water or other easement c. Ill, s. 35 ; 10, n, V. e. 5, s. 2 ; C.S.U.C. c. 8«, s. 37- After 10 year« r. It is limited to 10 years after a right of po.s.ses8ion (»r a cause of action has accrued : 1. For the recovery of land or rent. c. Ill, s. 4 ; 4 W. 4, c. 1, s. 22; C.S.U.C. c 88, s. 31; .38 V. c IG, s. 1. 1st July, 187G. 2. For the recovery of a mortgage debt, judgment or lien, legacy or rent charged upon or payable out of any land or rent, c 111, s 23 ; 38 V. c. 16, s. 11. Ist July, 1876. 3. For recovery of dower after husband's death, c. Ill, s. 25 ; 38 V. c 16, .s. 14 ; 43 V. c 14, s. 3. [But see below, and under "Dower."] 4. For redemf)tion by mortgagor as against mortgagee's possession, c. 111. s. 19; 38 V. c. 16, s. 8. 1st Julv, 1876. ! light ;io. or (I 7n 5. For rt'coviTy of hind claiiiifd under a nmrtga^o (from till' last paynu'iit of any part i)f principal or itjti'rcst). c. Ill, s. 22 ; \iH V. .-. IG. H. VI iHt July, INTO. '/. It i^ limited to years after the cause of action has ac- After tiyfar*. orued : 1. In assumpsit. \ 2. In debt. | •i. In fletinue. , f 4. In trover. 5. In trespass to land. 6. In replevin. 7. In ease. ) 21 Jac. I., c. 10. H. In accounts and for not accounting. [Nor will thif statute be defeated as to matters of claim barred, by leason only of mutter.s of claim not barred, being comprised in the same account.] c. 60, s. 2 ; 26 V. c. 45. s. 5. lith May, IHO.S. (•. For an escape, c. (iO, s. 1 ; 7 Will, IV., c. 3, .s. :'. ; C,8.U.C. c. 7H, s. 7. 10. Upon an award where the submission is not by specialty, e. GO, s. 1 ; 7 Will. IV., c. M. s. :! ; (\S.IT.a e. 78, s. 7. 11. For money levied under execution, c, GO, s. 1 ; 7 Will. IV., c. .•}, .s. 8. 12. For ttirears of rent not reserved under a deed. o. 11 1' s. 17 ; 4 W. IV., c. 1, s. 4.5 ; C.S.U.C. c 8H, s. 19. 1.3. For arrears of dower and damages, e. 111,h. 1G ; 4 W. IV., c. 1, s. 44 ; CS U.C. c. 88, h. 18. 14. For arrears of interest on money charged on land, c. Ill, s. 17 ; 4 W. IV., c. 1, s. 45. [Except where a subsequent mortgagee claims and a prior mortgagee has been in possession during the G years. See sec. 18 infra.] r. It is limited to 4 years after the cause of action has ac- After 4 yean*. crued : 1. For trespass to the person. 21 Jac. T., c. 16. /'. It is limited to 2 years after the cause of action has ac- After 2 year». crued : 1. For slander. 21 Jac. I., c. IG. 2. For penalties under a statute, c. 60, s. 1 ; 7 Will. IV., c. 3, s. 3. (f. It is limited to 1 year after the cause of action has ac- After i year. crued (the death of the disea.sed person) : 1. For injuries resulting in death under c. 135, s. 5, C.S.C., c. 78, s. 4 ; and under The WorkmeTi's Compensa- tion/or Injuries Act, c. 141, s. 7 ; 49 V. c 28, s. 7. AftiT li . ine). V- when not •|ualiH»'.'l nnil.T c 71. s. 2:\. C.S.C;. c 100, s lA. 2. Kor f)flur»('fs l»y ii justice in cxt'cution of Ijis ofliw. c. 7:5, s. V.i. O.S.LJ.Uc. I2(i. s. J) M. For iniloinnity for injnricHlVoMi railways, c. 170, s. 42. 4. For irijwry nnrl, ntrn's (Jittiiitt'iiMntimt /'(>>• Iiijiirii's All wlioif not r*-.siiltin^ in lioath. c. 141, «. 7; 4!t V. c. iH,s. 7. niHal'Uitids. J n niHi'8 nf eiinrmi'vts, — 'I'lu' time diirin^^ which u iicrson is an infant, iii hhii/idh nifiifis or tenant for life is not cuni|)Ute(l a<{ainst liini, Imt notwitli.stantlii);^^ the rii;)it or elaini is ah.solnte and indet'ea.silile if no action lirou^^ht 'until after 40 years from time when rij,dit first accrued, c. Ill, s. 40; 10-11 V. c. 5, s. (; ; (.'.S.U.C. c. .S«, s. 42. In (Utses i>f iniil or )V)it. — Infants, idiots, lunatics or per- ,sons of un.sound mind, and persons elaimin;,' thioui^di them have tivo years' j;race in which lo briu;^ action Iteyond thu time when the disnbiJity ceased or the peison under disahility died, vvhi(!i)ever event first happened, o. Ill, .s. 4.'J ; '.\S V., c. 10, s. r». 1st .Fuly, 1H7(>. Hut the utmost limit for disa- bilities is 20 years next afttsr ri<,dit first accnuMJ, althouj^h disability continues during the whole of said pei'iod, and the 5 year.s' jfrace aforesaid may not I ave expii'ed. s. 44 : 88 V., c. 1(1, s. (i. 1st 'July, 187'!. And where a person dies without ceasinj,' to ho under disability from time when ri^ht first ac- crued no further time l»eyond the .said linut of 1() } ears there- after or o years after death will be allowed by reason of dis- ability of anv other person, .s. 4.') ; 4 W. 4, c. I. s. 80; C.S.U.C c. 88, s. 47 ; 88 V. c. 16, s. L). l.st July, 1870. In cases muh'r R.Sjf. <•. dO. — Infancs and persons of un- sound mind have the .same |)eriod after such disability as persons without any such impediment in which to brinji; action. H. 3; 7 W. 4, c. 8,s. 4 ; C.S.U.C. <■. 78, s. 8. [Qitn'ii — Does this disability refer only to action.s mentioned in 8. 2 of c. GO or to all particularly mentioned in the Act :*] A person resident without Ontario will have no lonfjer period of time to commence action than if resident within Ontario when cause of action first accrued, s. 4 ; 4'J V.c. 16, s. 1. .*Ust Dec, 1877. And a person having any such cause of action accrue against a person then without Ontario may bring the action within such times as are before (in c. GO) limited after return of the absent person to Ontario, c. 60, s. 6 ; 7 W. 4. c. 3, s. 4 ; C. S. U. C. c. 78, s. 8 ; 25 V. c. 20, s. 1. 0th June, 1862. 75 A cauHO of action against two or iiiort; joint ilulttors tiiiist Im' Joint ti>ra coiiitiiuiu'cil ii^'tiiii.st tht> ono or iiiont in Oiitiiiio within tiiitb liinitt'd l»y '2\ .lac. I , <• Kl. altlioii'^h one or inort' witlioiit On- tario at tlif titnti ii;,'lit iiccimh-iI. s. (i ; iO V. «•. 4.'», s, il, 12tli May, ISOM. Hilt jiiil<;nit'nt a<;air)st siicli will not prrjnilict* the rij^lif of action iijifuinNl alwcnt party or parties on n-tiirn to Ontario. ,s. 7 ; 'iO V. c. 4:), s.7. lith May, IMCM. Arhiofledgmiiifs. Thi- operation of the .^'tatutes of limitation i.s intfiriiptctl and iihkIu to start afit'.sh. 1. /n mm' of (iiifi (li'l)t II ikIiv on// " Infl)t>» UlldtT H|H-ci»lty, etu. ,SfC»iritv cliurK<' eHcctual ; c. Ill, m. 20; .'J8 V. c. \i>, h !> ; Ittit if ^ivi'ii liy on*' or noiik' of Ht'VtTiil iiioitj,'ii;,,'i'«)M it will he ellectuitl only rh n^'iinNt thu piirty or partifH Ni;{iiiii(;. h. 21 ; M8 V. c. Ki.s. 10. iNt July, IH7«). W'lu-a rigid uf action deemed to lun-e fi.r»t accrued, Tho ri;,'ht to iirnkt* an entry or distre.s.s, or lirinj^'an action to recover nny liiml or rent nn him first obtained knowledj^e that some other per.son had actual po-ssc'^hion prior to any possession by j^rantee, his heir.s or assigns by themselves, tlieir servants or agents, s. 5 (4). 27- 28 V. c. 2!), .s. 1 ; 1 .January, 18G5 ; 38 V. c. IG, s. 15 ; 1 July, 1870. Ah uffdinHt tenant under leane in writing. At the time the rent reserved (if amounting to the yearly sum of 1?4 or up- wards) was first received by the jterson wrongfully claiming to be entitled in reversion immediately expectant on the deter- mination of the lea.se, no payment having afterwards been niade to the person rightfully entitled thereto, s. 5(5). 4 VV. 4. c. l,s. 21 ; C.S.U.C. c. 88, s. 10. As against tenant from year to year without xvr'itten lease^ At the determiimtion of the fii-st year or other period, or at the lost time when rent ])ayable in respect of the tenancy was received, whichever last happened, s. 5 {(>). 4 W. 4, c. 1, s. 20 ; C.S.U.C, c. 88, a J). As againut tenant at wUl. At the determination of the tenancy or at the expiration of one year next after the com- mencement of the tenancy, s. 6 (7). 4 W. 4 c 1,8. 19; C.S.U.C, c. 88, s. 7. 7T 10 he m- 9; Hut no iiioi-t){ii^i>r or'-ft/tn' r/ttr- ^rat^ willl^v duuiiieda tuiiiuit ut will MtuU'i t\\'\H Hirtlon. h. !i (H). i/>. W/ir ir /(tr/fif are, or hrench of citndilntn. NVIit-n tin- toitVutuit) i.',,rfHiturr <.r was iiuMirrtMlor ('onilition l)roKi'ii. m. .'»(!>). V W. 4, c. I, s. 17; '••■••*«h. <'SIJ.(.'. c. MM, s. 2(')). Hut whfii' lulvantiim' of I'orfcituro is not tiikoii liy ri'uittinilcr iiiati, lit> will Inivo a new li^lit w)i«>n liis t'.HtHtu roiiicH into posseN.sion. s. .'» (10). 4 W, 4, c. I, m. 17; C..S.U.t'., c. MM. M. 4. fit r an fstatc or inteiTst in possession (4 \V. 4, •■"•"»<*•• c. l,s. 17), liy th« , ss. il ami 12; MH V. c. Ki, s 2; 1 July, I.S7G. Fidinr cutati', irhrve oirnfi' of part'iciilttr vnldtf mif of pos- (i^mit of. imi hchhIoh ii'ticn /lis inb'trst ilclirin'nud. Kithor at the time "f I""*"''"'"'- when ri^fht of action, ilsrc, by owner of particular i-stato tirst accrued, or within tive years next after the time when the e-itate iif the poison hoeomin;^ oiititletl in possossittii Iteeaiiie vested, whichever of tho two periods is the lon;,'or. s. (1(1) 'SH V. c. 1(1, s. .•{; 1 July, IS7(). W/iii't; rii/hf ! I n's/D'ct of 'pnrticulot' i'ntatfi 'is Ikii'iiiI, wim.. iMiti Under e. I 1 1 , any suhseciuent estate or interest, createtl id'ier I"'"' V""*' ^ »/ I ' li)irr''il* tlie right of entry, etc , first accru«!d to the owu«tr of the par- ticular estate, will also bo barrod. s. <1(2). 'AH \. e. 10, .■,. 4 ; 1 July, lS7(i. Aiiit o'/n'ir I'lijlit ill reHfirrf of csluli' in possess I mi is K^titcin bdriril, the ri,nht of tlu! same person to any other future i'"""''"'>""« estate or interest, continj^ont or otheiwiso, will also be ijarred, unless in the meantime tlioro has boon recovery by some person entitled t(i an estate, interest, or right limited, or taken eflo'-t after or in deloiisance of such estate or interest in povsossion. 8. ti (.S). 4 W. 4. c J , s. ;{l ; O.S.U.C. c. MS, s. 4S. ll7(('/7' rii/lif (if triiaiif III hiil is hiirrcd, liecauso the Tcniint in tuil. period of limitation has elaiised against him. the same shall be doomed to have elapsed against tho>o whoso rights he could have barred. Sec. 27 ; 10- 1 1 V.c 5, s. 9 ; ('.S.IJ.C. c. M.S, s. 2H. And should tenant in tail die before such period has ex|iirod, tho term elapsed against him will also bo computed against those whoso rights ho could have barred. Sec. 28 : 10-11 V. c. 5, s. 10 ; C.S.U.C. c. 8S, .s. 21). /71 case of possesHioa audi' r an nsmtrance hy a tenant in i»,,„,.,.j,,„ ^v toil which does not bar the reniiiinders. They will be barii-d ten«iit in tail, at the end of ten yeans after that j)eriod at which the assur- ''''^• ance, if then executed would have barred them. Sec. 21) ; 38 V. c, 16, s. 7 ; I July. 1876. Ir r t ■■ • n 7M if an ailmlnistrn(nt'n rdilin to tint I'Ntuti' or AdminiMni / ,,„^^ , tor « cUlni. ..1 1 ■■II- I • a intrit'Ht ot u iiyril Im'^'|ii>< tit inn Miih' or till' liitti-i'rt ik'titli, ami not fmiii ilntc of icttri-i of ailtiiiiiUtrH- tioii. H. 7 ; 4 W. 4. t'. I. h. IH ; C.S.lJi;. c. hh. «. i\. Wido^ xvlkim In cam' of irlilow'n r/ii'nns for iloiivr. Action iniiHt for il. AWT. ^ li:.)U)^lii within tni y«>iiiM from IiiisIuukIh ilciifli, notwitli- stiinijiny; uny 'li^^u'iility. Y«'t wh»(r» a iIowimths liiiM.iifti'r hor liiisliHiitrH (jftiiii, actiml poiiMfNHion of tlit< lanl of wliich slu' In )|owiil)l<>, I'itlw'i' iiloiu! or with hi>irs or lU'visi'i'M of h<>r hiiHlinnil, the siiiil |ici'io(l of ti*n yt'iirs will hi* coiiipiiti'il Iroiii tho tiimt wIh'II HlH'h jiosHi'Hsiori of tin* iloWt-rrsH cnisrd. Tliis .st'Ctioli hnwfvur douH not apply to any cii.st> in which tlit> ri;;ht of iir-tion cfiiHfd hufoiw tho ')th day of Marcli, I.'S.SO. h. 'Hi; 4M V. c. 14. s. :\. EfjHitahle CUt'imt*. In Ciinr of mi pj-/)r«'sH tnixt. Thf ri;4ht of tho irstui ^iu$ ti list to liriii}^ lU'tion a}j;aiMHt tin* tiu.stfc for itcovitv, will not htt dt't'Uitd t<» liavt" (iccrut'd until a coiivryancf to a pui*-haHrr for valuahlc considfiation, anti will tln'tj liu ihu-nH-d to havo iiccMicd oidy as a;;ainst surh putchaHt-r anil anv porsoti claini- in<( thron^li him. n. .'{(). 4 W. 4. c. I.s :m ; C.S.n.C i;. MM.s. ;12. IJut HH a;,'ain.sta trusteu for any j)r()pi'rtv held on an »'Xpr«'.s.s ti'UMt, or in rcMpft't of any hrnieh of such trust, no claim of a i-tHfiii (ini' h'linf will lie held to he Iturrcil hy any Stiitutf of liimitations. ,s .'JO, hs. 2 ; 44 V. c .'), s. 17 ('2). As to moiKjy K'i^acits, arrears of rent, or interest ('harj,'e<|, or jiayalile ont of land or rent the time lor recovery will not he enlarged l>v reason that thev were raided or socured hv express tniMts. H. I'k .'}H V. (• Hi, s i;{ , 1 .Inly, I,s7(i Inc-Aki(' }ifn drt, riglit (if W«y, etc. PreHCr'qytiontt in nitteH of I'iinenu'iits, Claihis to profifn a peu otlitT lor tlui full tM'rind of 4<* yt'nr.s, tln' rii;lit th(u-«'to jm nl>Nolut«> ninl itiili'l'i'iiiiMi* utili"<^ t)ii*ri< liiiH Im'cii km fxprt'HN ^lutit, ron«tuiit or a;{i-i!ti>A or ollit'i wriliiii^. •*«. M4 ami :r. 10 1 1 V. c. .1. MS. I ,111.1 2; CSIM'. r. HM, HH. :m hh.I :{7. I^it tli«> tiiiii- iluriii.,' wliirh uny liunl or wiitor oviT or from wliii'li liny Hiii'li wuv or nihrr fiiHi'iin'iit, wiitt'r«'oiir><«' or run of wa'i'r liiis Im><>ii fiijoyt'ii or (lcriv(*i|, or lu>lil iitiiJiT or liy virtuf of uny ti'riii of lilt- or ynirs i-Ncciiliii;,' tliri>t> y(>iir>4 tiotii tin* ^'nirit- ill;,' tlirri'of, will Ih> i*\c|iiiU><| in coinpiitin^ tli<> |M>rioil of 40 y«'iiiH nfori'Huiil, in <'a.sf tin* I'lium in witliin tlirt'«> yniiH n»'xt iiittT till- t'lnl of sui'li |ifno(l risisfrd liy uny jicrsoii cntitlt'il to iiiiy ruvrrsion rxpfctiint on tlic *lcti>riiiiiitition thrrttof. h. 41. 10 ami 1 1 V. (• :», H. 7 ; ( '.S.V.C. c. hS, «*. 4M. LhihIh of tin- Crown not . ft'pti'il I'roni.aiid n«» ii;;lit liy |ircHci iptioti i-aii I'c >uiiportotl or iiiiiintaint'il in ti-sp*'ct tliort'ol'. n. 42 ; ih. NMNiind 44. Ah U> I'uihl Sinn- flic .'tli Miirrli, iHSO, no pfrson cim iici|uir«) i.,^tit. a iij,dit liy prfsrri|itil'niii witliin tin- iiH'iinin.,' of sect ions M4, M."» and int< rntptiim. ;{•!, iinHt liavf liccii siiliiiiittMl (u or iiri|uicsc('d in formit' y<';ir uft(>r tlx- party inti'iruptt'd liii.sliad notii-u tlirifof and of the irrxon milk in;,' or aiitliorisiii;,' siiiiu' to he madf s. '\7. 10-11 '. c. .'), s. 4; r.S.lJ.C, (• HS.N. :{!>. No pit'scriptioii will In- allowi'il in support ast'tiifiit for a loss porioil tlian pro.scrilii'd liy ^^. 111. s. .MM: Ih. (1 and 41. M IscrllaiiiiniM /'/•(/(•(.sjo/i.s dinlei' <\ III. I I' I A iiK-rt! Mitiy on land will not Ix- dt'i'inud possession within the moanin;,' of c. III. s. «. 4 W. 4, v. 1 , s.22 ; C.S.IK *. c SH, s. II. And no riji,dit of t-ntry or action, etc., will In- prcsi^rvt'd hy continual or other claim upon or near uny land. s. !l ; lli. ss 2*1 and 12. Nor Itc barred l>y any descent, cast, warranty, etc., which bince tilts 1st July, !)S.'{4, or hereafter niav happen or lie made. s. 10. 4. W. 4, c. I, s. 42 ; C.S U.C. c. 27, .s. «n. The possession of one or more of .several coparceners, joint tenants or tenants in common, of more than his or their share or shaies will not he deemed the pos.se.s.sHoii of the others, s. 11. \b. H. 24 and s. VS. And possession of relatives will not he deemed to Le the po.s9es.sion of the heirs, s. 12 ; lb. .s. 25 and s. 14. For the purposes of c. Ill, the receipt of rent payable by a yearly tenant or other lo'see will a.s against such be deemed to be a receipt of the protits of the land. s. 14 ; 16. a. 8S and s. 17. M-rc fiitrjr nHit«Riiiiin». ( ' >iitiniiiil cliiiinH will nut (iictcrveriKht. llfMflMit, Cllht, >'t(.'., no bar. PimufH^ion (j( "IIP or iiior« (•MlUirCPIKTH, etc. I'oMHeMion of relatival. K«uei|it of n-iit, i>cei|>tof. proKtfi. "1 !1, n |j ;! II 1 II v. 1 KeneHt of •Utut«* Hxtin- guiMheMfiiriiitir title. Hiil)N<|iient iiiortKnffee'i* right to arrcarN of intereHt. May be foriiud and how. May (joiisi«t of general and Hiwciiil partners. Partnerstiip name. Wiien npecial partner liable, 80 At the (leteriiiination r)t' the period limited liy c. HI, tonny person inakirij,' an entry or di.stro.ss, or bringing an action, the right and title of such person to th*> land or rent, for the recoveiy whereof siicli entry, distress or action respectively might have been made or brought within such period, shall be extinguished, s. 15; *'/>. s. 37 and s. Hi. A subsecjuent mortgagee can claim arrears of interest during the whoh; period that a prior mortgagee or incumbrancer was in possession, etc., although such period exceeds Gj'eiirs. s. liS; ib. s. 45 and s. 20. Limited Liability of Incorporated Oompanies. 52 V. c. L'C. Limited Partnershipa. c. 129, p. 12.'}2 (From C.S.U.C- c. GO. Persons desirous of forming limited partnerships (except fur the purpose of banking or nuiking insurance) may do .so under this Act by niakitig and severally signing Ijofore a notary public, who must duly certify the .same, a certificate containiny : (1) The name or firm ; (2) The general nature of the business to be transacted ; (.'}) The names of all the general and .special partnc-rs inter- ested therein, distinguishing which are general and which are special partners, and their u.sual places of residence ; (4) The amount of capital stock which each partner has contributed ; (5) The period at which the partnership is to commence. anle for all the engage- ments thereof as general partners, ss. 7 and 8. The partnership may consist of general partners, and of one or more persons who contribute in actual cash })ayments a specific sum as capital to the common stock called special part- ners, who will not be liable for the debts of the partnership beyond the amounts by them contiibuted to the capital. But the general partner's oidy will have authority to transact busi- nes-«, and sign for the partnership, and to bind the same. ss. 2, n and 4. The business of the partnership is to be conducted under a name or firm in which the names of the general partners or some or one of them only is used, and if the namo of a special partner be used therein with his privity, or if he transacts any business on account of the partnership, or is employed for that purpose as agent, attorney or otherwise, he will be deemed a general partner, ss. 11 and 15. 81 l\ip I But M' a or jcial I any Itliat ?d a Kvery renewal or continuance of a piirtnersliip licyjnd tlu- c«rtific«tB ot time originally fixed for it8 duration must l)e cortiiied, filed «untinu»iite. and recorded in thr manner reijuired for itsorifjiniil formation ; and every partnorHhip otherwise renewe" preferred pi., 'i>jr Ml! Me allowed to claim as a creditor, s. 17. purtntTH. J ' ' ; m.^ dissolution can take place until notice thereof x„ premauire has bi r. : i. f. Ilcfjfistration of lUiths, etc. Married Woman's Property Act. c. l:]2, p. 1250. Tilt' Law nnder former St II tales — Frtnti Jftl^ Mn'l, IS'tH, f*> ''nil Mamh, LS7J. EvtTV woman miirrieiJ after the 4tli May, 185f), without Hiiy iiiarriii;,'!' contnict or settlement could hohl and «.'njoy nil her real and personal property aeiiiiired hefitre or after nuir- ridffe, free from the dehts and ol>lij,'ations of her husband and fntin his control or dispo.sition without her eonsent, its if she t'ontinuer,. Sec. I of C.S.IJ.C. c. 73, is re-enacted in sec. 3.exceptin<' that iieiiijf rc|)tulcd it excludes and dotss not apply to personalty, and is made to appl\' tv) reid property of women only who were married between 4th May, IS5!), ami 2nd March, 1.S72. Th(! same sec. I of C.S.I'. C c. 73, .so far as it relates to ])ersonalty is re-enacte5 V. c. IG, .sec. 1, (abolish- inus amended hy R.S.O. 1.S77, c. I'i.') in sees. 2, :{, 4 and o and '"''7' "■ '=^-' Hs it stood between .*Ust December ISTT and 1st 'luly, lcS84, is re-enacted in sec. 4, sub-sees. 2, .'} and 4. And sees. 3 and 5 of 47 V. c. 19 is re-enacted in sec. •'), sub- sec. 2 ai I ^.c. 7 respectively, .so as t(» iiichuir (1) a woman married aftei- 1st duly iNH4, whusi' property lteloiio(,'d to her at time of marria^je oi- was ae<|uired or ilevolved uj)on her after iruirria^e, and (2) a woman married before the 1st July iM-i, ibi . title to whose property accrneil after the Is: July i V 4. NoTK.— See thf jii(lK"ieiil of Stret't. .1, in Mtmr' v. Jiiokiuiu it «/, 20 Ontiirin Kep, p. i'M, ftH to thf effect of the law (luring; the abovt^ periiuiH. ( Xher prorixiovn of r. 13:i. A marrii'd women can contract in J'espect of and to the ContractB by. extent of her separate property, an, etc., to which 8l)e isentitlt'tl. As to stock, etc. to be transferred to her. Investment!* in joint names of married women and otheiB. Fraudulent investments with money uf husband. trusU'u or «'xecutrix, or tulininistratri.x iKjfonj or after lier marriage, and her hii.shand will not hv. .subject to Nuch liahili- tie.s uiileHN he has acted or intermeddled in the trust or administration, and the word " property " iiicludes a tiling in action, h. 2, ih. Kvery married woman \h entitled to have, hold and dispose of a.s her separate property, the waj;es, eariiinj,'s, money and property gain«»d or accpiired l»y her in any employmont. trade or occtipation in which her husband has no proprietary interest, or which .she luus jijained or ac»juired by the exercise of any literary, artistic nr seientitic skill, s. 5. 50 V. c. 7, s. 22, 2.Srd April 1887. Tin- execution of a «,'eneral pow«'r by will by a married v'omi^n, will make the property appointed liable for her debts and liabilities as her separate estate i.s made liable under this Act. s. G, 47 \\ c. 1!». Notwithstanding that a married women is restrainc^l from anticipation, the court may by judginent or order with her consent, bind her interest in any property for her bcnetit. s. 8. 41) V. c. 20, s. I.S, 1st -luly I88(i. All deposits, shares, stocks, etc., on 1st .July 18iS+, standing in a married woman's name will be deemed, unless and until the contrary he shewn, to he her .separate pntperty. and if standing in her noh' name, this fact will be /irlrna fdcir evi- dence that she is heneticiallv entitled thereto for her sepaiate u.se, .so as to authorize and empower iier to receive or transfer the same, and to receive the dividends, etc., without her hus- band's concurrence, and .so as t(» indemnify '.II public oHicers, directors, managers and trustees of any corporation, company, public body or .society in respect thereof, s. !», 47 V. c. IJ). Stocks, etc, transferred after 1st .July 1884, into the sole name of a married woman will be deemed to be her separate property. Hut no corporation or joint .stock < oinpany is bound to admit any married woman to be a .shareliolder therein where liability nuiy l>e incident thereto contrary to its chaj-ter or regulation.s or to any statute, s. 10, 47 V. c. 1!>. Section applies so far as relates to the estate or interest of a married women to an}' of the particulai's aforesaid which on the 2r)th March 1884, were standing in, or which .shall he transferred into the name of any married woman jointly with any person or persons other than the husband, and she may thereafter transfer without the concurrence of her husband. S.S. 11 and 12, 47 V., c. ID. The court will order to be transferred and paid to the hus- band any investnit^nt fraudulently made by the wife of his moneys. The creditors of the husband will be protected against any investment made in the name of his wife, and against any fraudulent gift by a husband to her of any moneys or property which, if so fraudulently invested or deposited may be followed, as if this Act iiad not been pass.id. s. 13^ 47 V. c. 19. 86 Kvory nuirriod woman has tlii' same lenitMlicH for the pro- tection and security of her own separat*' property, as if same helon^eil to her as a finw mtli', hnt except as aforesaid no hus- band or wife can sue tlie othe; for a tort. In pursuing sncii remedies it will he surticient to alle^'e siicli property to he her property. And in any proeeet<'i'tir«i- IHTty. IIU|ltJlll tll'ltt* ami liul)ilitifi. SuitHfor \vife'« iiabilitiivt. <^ucKtiiinM bt'twt-eii htiM- )>aii(i anil wiff. Marrifil woiiiun UN im fxi'cutiix.etc. Haviiicr of •■NJHtin^ NI'ttlMIlt Ills and |H)wer to make. In what caHCS iiiairied women can obtain order to protect earninga of minorchildren H(l ■i .' i«5 Iifgal rt'pre MintutivfH (if. Se|i>4rm<' I'l'iHi mil lir. Tliis Act is not to he constrtUMl to deprive a woman married prior to 1 .Inly, iS.S4, of any li^dit oi privilej^c! which she haass,.,l. s. 24. .')() V. c. 7, s. 21. 2:i Apiil 1HH7. Married Woman's Real Estate Act. *SVe Conveyances by Married Women. Married Women (maintenance of in case ot desertion). .■)! V. e. 2: J. Master and servant, c. I :U), p. 1 2.s:'. ; M V. c. 22 ; -^4 V. c. 24 No voluntary contract of service or indenture will he hiiid- inj^ if the term exceeds nine veaiv from the day of the date of the contract, s 2. 2:{, (n-o. S,'c. 7, .s. 2 ; C.S.U.C c. 75, s. 2. An ajfreemeiit hetween master and servant hy which the latter is to <;et a detined share of the profits of the nuister's business in lieu of salary or wa^rs, will not create any relation in the nature of ]iartnership or any riojhts or liahilities of co-partners, nor ojive the servant any rifjht to exandne the accounts of, or in any way to interfere with the management or concerns of his master's husine.s,s. The servant must accept as final and conclusive any return made hy the ma.ster as to the net proHts or proceeds of his business, s. ;{ .SO V. e. 2"), 8. 1, and every such a^'recnient will be deented to be within the provisions (»f this Act. unless othorwi.se inferred, s. 4. 87 A verbal a^rtM'incnt lietwecu master imtl servant must not exceed the term of one year, otherwise verluil as well as written agre(>ni«nts are binding; whether the periormanee has been entered npon or not. s. '». C.S.IJ.C. c. ?■'), s. .'{. No tavern-keeper or b()ardin;;house-keeper ean keep a servant's or labourer's wearin^f appar«'l in pledj,'e for expenses ineurre(| to a greater amount than $ti.0O, and must make an immediate return thereof upon payment or tender of SO or liss amount due. s. (!. (IS.I' ('. c. 75, s. o. Any a<,'reenient matle with a person n(»t a resident of ('anada for service in Ontario will be void, unless such person lie a teacher, professioiuil actor, artist, lecturer, singi-r (jr a skilled worknjivn enj^a;jetl to |)erform labour in or upon any new industry not established in Ontario, or when establishetl, if skilled labour for the purpose of the industry cannot be other- wise obtained, .s. N. 4!) V. c. 27. s.s. 1 and i. (2.') March, IMSd). \'"'rlml Atrn'it- iiientM not til t'XCt'Hil (lllC rav»Tiiki'«'|»'rH .lot to liavt< lifii on wf«r- iMK A|>|iarfl iH'Vonil cliiiiii of iiiilUO. A^Ti't'iiifntH miikI ' with I'l-HJcltMltH o\|t ■ i <'iinaion Court holdeii in the division in kvhicli the ca\ise of action arose, or in which the party complaineMl>jet!t to iil'jM'al to I l|VI--iit ot wuKt'H, etc "Changed from '.'1 by 54 V. c. 24. Limitation of tinif to I oniiiicnce pi'oCHeilingH. Where order made for payment of wajfeH, Himilar proceeding as m Divifiion Court cases. I I I h 88 iR) t)i«^ HaiiH* an ciiii !)<• takiMi hy ti )>ariy having' an iiiiNati>4tiiM| juil^iiiont or order in u Divi.sioii ( )oiirt tin rt'M|HH;ts the fxaiiiiiia- tioii of a .jiitl^iiit'iit *kl)tor, aiin (not lu,'injr. 2!)tli Miirch, |S7."{. 'I'he memorandum is to he filed in the rei,;istry ofhcc of tlie n-jjistry liivision within which the masters and workmen reside. Section 2H, tleclarin<.' that the futnrr rate of waj;es should not ho fixetl, was repealed hy 5:! V. c. 40, and new section suh- stituted authori/.in;; the hoaid to estahlish a rati; of waj^es or price of lahour or workmanslnp at which the workini-n should in future he paid. Mechanics' Institutes. <• 17:}, p. 1701. Mechanics' Lien Act c. l'2(\, p. 121() ; :>;{ V. c. .S7and c.38. '^'•'J^''"""^* Urdess he si^ns an express aj^reein«'nt to the contrary, every have iieiiH,.tc. mechanic or other person doin*; work upon, or furnishing,' ma- terials to he used in the construction, alteration or repair of any huildinj^ or erection, or erectinj?, furnishinj; or placing machinery of any kind in, upon, or in connection with any buildin;^, erection, or mine, will.hy virtue of l)ein<.' so employed or furnishinj^ have a lien for the price of the work, machinery or materials upon the estate and interest of the owner in the huildin^, erection or mine, and tlie lands occupied thereby or enjoyed therewith, to the extent of the sum ju.stly due to such person, s. 4. 47 V. c. IH, a. I part. I'rnr'nlfil, {\) That no lien shall attach for any tifreater sum than is pavahle hy tht^owner tothe contractor: s. 10. 45 V. c. If), s. 4. Or for any j^reater sum than is payable to the contractor or sub-contractor in case the lien is claimed by a sub-contractor. s. 8. 3S V. e. 20, s. ;?, part. Certain pay (2) That all hona fide payments up to 8.') per cent, of the chBrRe^iwi'.'^ totttl Contract price where such price does not ex- Claim liy huIi contractor limited. Hi) ciM'd !?I,()()0, Atnl up t«) H7J jM-r cent, of the total contract price where such price cxcooiIm !?I,()()(), hut (hicM not cxcot'd !:<.'),()()(), iiiaiU> hy the owner to th« contractor. Ity th«) contractor to the .siili-contractor, or Ity one siilt-c<>ntra»!tor to another, het'ore eitlicr party so |)ayinj; receive notice in writing,' <>f a lien t'ritui any person chiiinin;^' same, will operate as a (iischai'i^e y»/'(. /loi/" nt'snch lien. Hut tlus lien will in aihlitjon to all other ri;;hts under this Act, ope- rate; us a cluir^*' to the extent of l.'» or 12^ per eentuni, acconlin;; as the total price may he as aforesaid, up to ten days after the completion of works or (ielivury of materials, altliou;^!) no such notice in writin;^ he yiven as aforesaid, c, 17, H. I ; .JU V. c. .-JM, S.S. 1 and 'J. s. !». 41 V (M) That any amount payahle liy an owner will Ite cliar;;e(l witli unpaid accounts or denumds of persons for nuiterials furnished (»r laliour performed Ity them for the person claimin>; the lien in respect of the suli- ject thereof, of wliich the ownt^r has had notice within MO days after siich mnterial anti laliour fur- nislied or j)erformed, and payment thereof will he deemed a sati.sfaction /*/<) ItniUt of suc^li lien. s. 1 1. .% V. c. -27, s. U. Without prejudice to any li»!U he may otherwise have uiuler this Act, every mechanic, lahourer or other person wlio performs lalutur for waj^es, upon the construction, alteration or repair of any h»Mhlin}» or erection, or in erectin<^ or placing' maeiiinery of any kind in, upon or in connection with a>»y l)uildin<,', erec- tion or mine, will, t(» the extent of the interest of the owner, have a lien for wa^es of MO days, or a halance e(|ual to hi.s wajjes for MO day.s upon the l)uilding, erection or mine and the land occupied therehy or enjoyed therewith, and notwithstand- injj; that the huildinff, etc., is on property helonriority over all other lien.s under this Act, and over any claim >y the owner a<(ainst the contractor for or in consecpience of the failure of the latter to complete his contract. M, (i and part 9. 4M V. c. 15, ss. 2 and 4 ; 53 V. c. MH, s. 2. Every such lien will cease to exist after MO days from the couipletion of the work.s or .supplying of the machinery, s. 21. 45 V. c. 1"), 8. 7. And if in respect of wages, after MO days from the last day's labour f(tr which wages are payable, or 30 days after completion of the work on which labour performed if whole period does not exceed GO days from the last day's Jabour aforesaid, s. 20. 45 V. c. 15, s. 6. Unless in the inean- Notirt' to IIWIIIT lit cluiiiiH u^raiiiHt lii'iiliiiMt-r*. Limi tor 30 diiys' wiii^i'ii. WltcnB(')iaif(e and haviii); priority over lilt other lieni. Time fur regig. tration of claims to pre xerve lieim. IK) I'riM'rPiliiiUH liy filiiiK iTniiii mill ikttiilnvit in rt-KiMtry ottice. tinif. {I) tli<> pluiiititr hIiuII luivu coiniii(>iic«'<| mi iiction iiikIit Proc**-.!!!!*!. •*''* •^^"^ '" '^'""/'/ './.'/ '^"' i'riM'nluir for h'n/nirinif Mfchttv'tCM under M V. f/nv. M V. •'. IS?, ''y flliliyf 11 NtlltcMH-Ilt ol cluilll, Vi'lifitMl \>y ° atHduvif, in tin* ollicf of the Miist<*r or OHicinl |{itVri«( having jurisNtion iin> Hitiiatt', ami iv^'istors in tli« jtiopi-r ir^'istry otlin' a ccrliticatu of said Mastrr or Ui'tVroi' of micIi tilin;;, an caNc, Htatin^. (ii) 'I'liu name iiml nvsitlfnco of tin; cliiiinant, an charir'-'l, an time or p«>rioil within which thu sam«t was or was to ho dune or fnrni.slMMl ; (/') TIh' work tlone or mat<'riiil.s or machinttrv furnisln'd ; (<■) The sum claimed a.s due or to hecome due ; ((/) The description of the iHud to he charged ; (( ) The date of expiry of the pi-riod of credit a;;reed to l)y the lienholder fur payment for his work, ma- terials, or machinery, where credit has Imcii ^dveii. T(t^fethcr with an atlidavit of the claimant, his ajrent or o.n- sij^nee verifyin^^j the al»ove statement and statin;; therein that luf has knowledge of the mutters ret|uiriii;,' to he so verified, is tiled in tlm re;,'istry oHice of the re;,'istry division in which the land is situated within the HO days aforesaid ; s. KJ. 2() V. c. 27, s. 2 ; 47 V. c. IS, S.S. 2 and '.\ ; or (M) UnlesN, in the meantime, proceen of !)0 days after the work has heen completed, or materials or maehim'iy furnished, or waj^es earned, or the expiry of the j)eriod of credit where such p^^riod is mentioned in the claim of lien filed, unless in the meantime proceediiij^s are instituted to realize the claim, and a certificate! registered as lastly ahove provided, s. 23. 3« V. c. 27, s. 4. owinTimiyt. . In all ca.ses, unless otherwise a^rreed, owners may retain, for tain percni j, per';)d of liO days after completion of the contract, i""'^** ((f) 15 per centum of the contract price to he paid the con- tractor where such price ' r>'iii>iviHl. ('Iitiiim (iir "iifoK iii.iy \h- \\ ll«ntuiii of tli«> |iii<'«' to lifpniit tin* roiitrurfnr 'tH V, v. HH, <«. |, trhi'illill}; h, 7. C ISO. During; tli*! mtitiiiuHnci- of ii liiii iiu |iiirtioti nf tlif |iiii|>(ry attrcli'il tlnTi'liy nIimiiM lie iniuivi'il to tin' |in'- Jiiilici- (if the liri,. uihI iitiy alt«'iii|it iit siii-)i ri'iintviil iiiii^ 1)4' ifitmiiinl. H I'.. 'Mi V. V. 27. M. H ; :W V. c. 2(). m, IU. A lii'ii will rank iti priority ton innrt^'ii^r on lati*l in n Npit-t M,,rttr>kK<-r mn- '"•"'• ('liin<'r\ in n-H|MTt uf wliicli tin' lifii lius ln'on ('ri*at<'i|. >•. 'm'!). :\H V.i'. 20, s i; V, V c. 15. N. \:\. St'Vt'ral t'laiuis for wayrs niuy In- iii<-lwl any nuMilH*r of limliolilirs may join in one ac'tion or Ninuniaiy |iro<-i-fi|iii;^r, ami rvi-ry action or summary pro- I'tTilinu' l>ron},'lit liy a lii-nholilcr will In- for joint ln'n»>lit of all of saint' cliisi wild liavf n';,'isti'rt'i| tlit'ir lii'iis lirloii' or witliin 1+ rcil is to Iii'i1cciim'iy. tiif All luit except a-, in this Act otherwise pro\iilei|. '/'/c Itrii'isi,;/ Ael v.ill not apply to any li«n luisin;,' umler this Ai-t. s. iit. ;i»l V. c. 27. s. :: ; :;s V. c. 2(».''s. !m. Materials rurnishetl m pr.iciiieil hy any mechanic or 'ilher leisiiii, for Use in the coiisii uetioii, alteration or iep;iir ol any Miiltliii'^', erection or mine, aru not Muhjoct tocxtM-ution or other proci'v,^ to eiil'ori'e any ileht iliic hy such person othur thiiii lor the pillvhuM' thereof. s M I . :{•; V. C. 27, s. \.\. K\ery mechanic or other pcrs«in entitled to u lien upon a chattel or thiiij; lor the amount or value of the money or skill nml iiiiiterials liestowed on ir, while such lien exists, ami in case the amount cluinieil remains unpaiil fur three months, in aiMition to all other reiiieilios provideil hy law. may sell the chattel or thiii;,^ after ^dvinir one week s notice hy advertise- ment as pKivideil hy this Statute, and may ajiply the proceeds ill payment of claim and costs, s. Hi. 41 \'. i-. 17, s. .*{. Meetings. >'" I'ulilic Meetiniis. Medical Act. c I l-s, p. l.'HH' ; •'>+ V. c. 20. Medical Practitioners in Riiny River District T)! V. e. 27. Mercantile Law. c. 122, p. Ilsx. Kvery surety, co-surety, and co-dehtor who has paid a jud<,'- nient, specialty, or other deht .secured to and held hy acroditoi , is entitled to have an assif,(nment thereof whether such seci;r- ity be or he not deemed at l.iw to have heen satisfied ; and he will lie entitled to all the remedies of the creditor, and on pro- per indemnity if need he, may use the creditor's name in pro- Miiti-iial'< uf tfilt'<| ti\ lifii nut lliililc to I'tTtniii f\«'fii tl >■!'<. When lii'ii ikt tu'lii'n ill r>'- "(M'Ct ipf u oliattpl. HiKlitH ut '^urt'tiPH. !l h . IMAGE EVALUATION TEST TARGET (MT-3) 1.0 I.I *^IIIM IIM " m |||||Z2 «* ...n Il!li2.0 1.8 1(10 1.25 1.4 1.6 ^ 6" — — ' ► V] ^ ^\ Q> '% 23 WEST MAIN STREET WEBSTER, NY. 14580 (716) 872-4503 (/4 6 ^ O ^ «•.. ij^ liilln i>( Itiilitni — rifflitM iukI lialiiliticM ( f CdllftigllLM H and endni'rcM'ti. 92 ceedings to recover from the principal dehtor, or from liis co-surety indemnilicution for the just proportion of mJvances made or loss sustained, to which as between the parties ov'v^x- nally lialde, he is entitled ; and such payment or performance by such surety will not In- a defiance to any action or proceed- in<,' by him, .s,s. 2, 8 and 4. 26 V. c. 45, ss. 2, ',\ and 4. Withoiit ])re)udice to any right of stoppage hi t nt ns'il n, ov any right to claim freight against the original shipper or owner, or any liability of the consignee or endoisee as such, every consignee of goods named in, and every endorsee of a bill to whom the property in the goods therein menti(med passes upon or by reason of such assignu^ent or endorsement, becomes vested with all the rights of action, and subject to the .same liabilities in respect of such goods, as if the contract contained in the bill had been nmde to himself. Every bill of lading in the hands of a consianee or endorsee lor valuable consideration, representing goods to have been .shifped, is conclusive evidence of the shipment against the signer unless the bill contains a stipulation, or the holder thereof has actual not , j to the contrary ; l)ut the signer will be exonerated if he can slio'./ misrepresentation caused by fraud of the shipper, holder, oi- ^' 'i.-,/ person under whom the holder Cho.iin in (II'- tion, ftHsign- able. Interpleader where contiict- infiT claims. Assignment of property to self and other?. Corporation bonds. Claims. s. v.] V. Pleadings and prr>ceedingB. ? aud :i. All rlebts and choses -i, . ^ Jon arising out of contract are assignable by writing, subjec'. to the conditions or restrictions as to transfer in the original contract ; but the as.signee thereof must sue in his own name. s. 7. ;35 V. c. 12, s. 1. In case of an assignment of a debt or other chose in action, it the debtor, trustee, or other person liable shall have had notice that such assignment is disputed by the assignor or any one claiming under him, or of any other opposing or conflicting claims to such debt or chose in action, he will be entitled to call upon the several persons making claim thereto to interplead concerning the same, or he may pay the same into the High Court under and in conformity with the law for the relief of trustees. 44 V. c. 5, s. 17 (fi) ; 22nd August, 1881. Judicature A (it, s. o3 (5). Personal as well as real property can be assigned by a per- son to himself jointly with another person ; 29 V, c. 28, s. 19 ; and by a husband to his wife, and by a wife to her husband alone or jointly with another person, s. 8. 49 V. c. 20, s. 6. 1st Julv, 1886. Corporation bonds or debentures made payable to any per- son or to bearer are transferable by delivery, and if payable to any person or order are transferable by delivery after gen- eral endorsation, so as to vest property thereof in holder, and enable him to maintain action thereon in his own name. s. 9. C. ;S. JJ. G. c. 84, s. 14 ; 35 V. c. 12, s. 2. Subject to The Judicature Act, the plaintiff in an action where assignment is required by this Act to be in writing, may or AT lie )n claim as assignee of tho original party or Hrst assignor, settinj^ forth hrieriy the various assignments, and in other respects the [•leadings, etc., shall he as it" the Hrst action was instituted in the name of the original party or first assignor, s. 10. .'J5 V. c. 12, s. 4. In case of an assignment in writing as aforesaid, and notice UightBof thereof given to the debtor or other person liable in respect of a i>-"'iKn<'e''. chose in action arising out of contract, the assignee shall have, hold, and enjoy the same, free from any claims, defences or e(piitii's which uught arise after such notice as against his assignor ; but otherwise and without such notict^ the original right of set-off and defence continues. ,ss. '1 and lli. lib V. c. 12, ss. .'j ai.d 6. Sections (i, 7, 8, 9, 10, 11 and 12 of this Act do not apply to Ser-tions not bills of excliange and promissory notes, but the word "assignee" applicable to as used therein, includes any person entitled by any assign- ,",t,lH?"' ment, or any derivative or other title to a chose in action, and "AsHiKiicc," possessing at time of action the beneficial interest therein, and ""a"''!*? "'• right to receive and give efi'ectual discharge for the moneys, or the charge, lien, encumbrance or other obligation thereby se- cured, .ss. 6 and Hi. 3"> V. c. 12, ss. ',i and 7. Any cov<.' receipt, bill of lading, specification of timber, or Warelmuse any receint given by a cove-keeper, miller, or by the keeper of receipt", etc., a warehouse, wharf, yard, harbor, or other j)lace for ceroal "^curiu.'^'^* grjuns, goods, wares, or niercfiandise, laid up, stored or depos- ited, or to be laid up, stored, or de[)osited in or on the cove, mill, warehouse, wharf, yard, harbor, or other place in Ontairo of which he is keeper, or any bill of lailing or niceipt given by a master of a vessel, or by a carrier for currying cereal grains, goods, wares, or merchandise shipped in such vessel or deliv- ered to such carrier for carriage from any [)lace whatever to any part of Ontario, or through the same, or on the waters bordering thereon, or from the same, or any oth(ir place what- ever, and whether such grains are to be delivered upon such receipt in specie or converted into flour, may, by endorsement thereon by the owner of, or person etititled to receive such cereal grains, goods, wares, or merchandise, or his attorney or agent, be transferred to any private person as collateral security for a period not exceeding six months, for any debt due tosucli private person, contracted at the time of such transfer; and in default of payment of the debt the transferee may advertise and sell the goods, etc., by public auction, for the purpose of realising the debt, interest and cos(.s, after giving the owner 10 days' notice of the time and place of sale by 'registered letter. In the case, however, of a pledge of timber, boards, deals, staves and other lumber, which are included in said Act within the meaning of the words, " goods and merchandise." the same is limited to a period of twelve months, and no sale can be had until after 30 days' notice to the owner in manner aforesaid, ss. 14, 15, 17 and 18. 29 V, c. 19, ss. 1 and 3 ;. a S. U. a c. 54, ss. 8 and 9. ■i ' ! f CDvoUeeiiHr \ WMMr, »!Cc. AdvanceH on rect'iptH, Btc. , to give tirnt lien. TraiiBfer of war('li(HiHe roL'fi|)t« fur cruilc petroleum. A«»igiiiiient instead of dischi vge. Right of mortgagor to inspect documents. U4 If sucli covekeepor, etc., be also tlu- ownor, nv entitlud to tlu' ^'oods, etc., IiIh reciept, bill of ladiii;,' or certiticuto when eiulorsL'il by liiiii, will bo uHectual for the purpo.ses of tliis Act. s. 10. 24 V. c. 'Hi, H. ]. 21) V. c. J 9, s. i'. All advaiict's inadu in respect of any Huch receipt, bill of lading or other pledge will give a first lien over the claim of any unpaid vendor or other creditor, except claims Utv wages of labotir performed in making and transporting any such tim- ber, boards, deals, staves or other lumber, s. 19. 24 V. e. 2.'{s. 2: 2:» V. c. 1{>, s. 4. All transportation and warehouse receipt.s, accepted oi'deis and cei titicati's for crude petroleum issued by incor|)Oiated companies, authorised to carry on tlie business of wal•eh(n^^i^g are transferable by endorsement, and if endorsed in blank are transferable by delivery .so as to vest all right of property and possession in the endorsee or transferee, subject to the terms and conditions of such transportation or warehouse receipt, etc., as fully and completely as if a sale of the petroleutn mentioned theiein had been made in the onlininv way. s. 20. 4S V. e, 2'), s. 1. Fur particulars as to petroleum held by eompany to be given in .statement recpiired by c. 150. ,s. 49, see s^jction 21. Merger. — There will not be any merger by operation of law only of any estate, the beneficial interest in which would not prior to " The Ontario Judicature Act, 18H1," have been deem- ed merged or extinguished in equity. 44 V. c. 5. s. 17 (4). 22 August, 1881. Judicature Act, s. 53 (3) . Merger of Reversions. See Landlord and Tenant. Mills and Mill-Dams. c. 118. p. 1165. Mining, General Act. c. :)1. p. 327. 53 V. c. 9. 54 V.c. 8. Mining Companies Roads, c. 103. p. 1533. Mining Operations Act. 53 V. c. 10. Mining Schools 54 V. c. 00. Minors, ^ose(l by law or special contract, have the same applieil in uv towards the discharge of the money due under his mortj^age. s 4. 41) V. c. 20, s. 9. In mortgages made alter the 1st Ju'y, IHHO, the following linplid covenants according to the tenor and effect of the .several and <="^' "=»"'"• respective foinis set forth in Schedule B to ///^' Ai^f reKprcli ih/ ■short form at' inortj/ajfaM, when made by the person who con- veys and is expressed to convey as bcne/iciat owner will be y any MortRiiKt-LM person to whom tlu! samo is payalilc upon any trust f'^ipt* or for any linutod purpose, inchuhn^ tht> survivors j|JHi.i,ar«nM. of two or more mortgii^,'ees or holders as well as the executors or adniinistHators of such survivor, their or liis assij;ns will effectually disclmrjt^e the person payinj^ from seeing' to the application or heinj^ answemhle for the misapplication thereof, unless the contrary is expressly declared by the instrument croatinjf the trust or security. s. I'). Since 1*2 Vic, e. 71, H. 10 CS.U.C. c. })0. s. !). See also Trin^U'en and Knrators, Under mortijaijen made since the 2r)th March, IMHG, the DistrenH i.y right of morfj^'agees to distrain for interest is limited to the """rtKUKe*'"- goods of the mortgagor, and to such only as are not exempt from seizure under execution. s. IH. From 49 Vic, c. 21) s. 3. As against creditors of any mortgagor or person in po.ssession M„rt^aKe«'« under a mortgagor, the right, if any, to distrain upon the ritjlit of se such notice is so given the ^ distrainer must relinguish to the officer ot assignee the goods distrained, upon receiving one year's arrears of such interest or rent, and his reasonable costs of distres.s. But if such arn^ars and costs be not paid or tendered, he nnist sell no moj-e than will be neces.sary to .satisfy one year's arrears of said interest or rent, and reasonable costs of distress and .sale, and relinguish any residue of goods, and pay any residue of moneys, proceeds of the sale, to the said officer or assgnee. No goods distrained fo)' such arrears should be sold, except after such public notice as is re(|nired to be <,'iven by a land- lord who .sells goods distrained for rent. s. 17- 50 V. c. 7, ss. 36-:{8. 23 April, 1887. If a mortgage executed after 11 March, 187!), does not con- p^^„,,, jj tain a power to insure or a declaration thit Part 11. of this i>i,wpr„ inci- Act is not to apply thereto (.s. 29), the person to whom the 'ifnt to mort- money for the time being is payable, in case of any omi.ssion to 'f'^'^*'- pay any premium or any insurance, will have power to insure and keep insured, and to add the premiums paid therefor to the principal money secured at the same rate of interest, s. 18 part. 42 V. c. 20, s 1 ; 11 March, 1879. If a mortgage executed after the 11th March, 1879, does not Power to sell contain a power of sale, or a declaration that Part II, of this pfem'[^8*^hi 7 (J.I-) certain caseB. 98 NoticeM fe- ll uired ti) be Kivon. May l)e n'ffin- tered. Certified copy of regiRtereci notice evi- d«nca. Receipts, Hutticient dij<- chargPH, wtc. Improper a: le not to defeat title of jmr- chaaer. Application of purchase money. Act is- not to apply tlicnsto (s, 29), and (since ?8 March. 1HH8), by ')! V, c. I.'), ,s, 4) whenever a niurtgag»; made in pursuance ot" the Avf vtHperthuf Short Forms of Atortgwje», contains a pow(!r of Male in the t'orui of iN'o. 14 in coiiunn 1, Hchodule B to •said Act ; or (since 7 April, IH90, by 5.'J V. c. 27, s. 1, applying to all statutory mortgages theretofore or tlu reaft«!r made), if a power of sah' is therein contaitied which provides for sale witli- out notice, the p(Mson entitled to any principal 4* months in arrear, or to any interest ti months in arroar, will by virtue antl to the extent only conferred by this Act (c. 102) have power to sell or concur with any (jther per;H(jn in selling the whoh; or part of the property by public auction or private (;on tract sub- ject to any reasonable conditions, and to rescind or vary contracts for sale or buy in or rci-sell the property from time to time, and to convey ur assign all his interest therein by deed. ss. iHand 2(5. 42 V, c. 20, .'e it lis A pt'i'son liftvinj^ Itecomc oiititloii to «'x»'roi>i»' tin* poweT of ()wnf lalu as ufofusiiiil is tli»a"euftt!r ciititltMl to flt'iiiand uinl it'co\»>r ^.^"'["^{^"^"'"fp from tlu; porsoii «!tttitlertj^ay;»'trs costs may, without an order, h»> taxed hy Tu\atic.n of one of the taxinj,' othcers or l»y the I-ocal Master at the instance M.irtK»K'*'« of any party interested, s. iH. 42 V. e. 20, .s II. """""• No .'ale heretofore iiwule will he invalid for the reason only Tiin.- for (Mie». that same made in pursuance of a power of side exercised hv t|<"'"'»^ *'*'♦•* an assi<'Tie'j instead ol' tlm oriidnal mortmiw»T in iiiiirtKiiKi hy him jointly with any otlier perHon, iind in that case ho may sue or distrain jointly with such other person 44 V. c. •), s 17 (f.) ; 22 Auk., IMHI. Judicature Act. s. M (4)" Nfv under I'mrn'. as to in mortgaged lands; and see alsa the case of /'/•((// v linanell, 21 Ont. 1. Mortgagee, Short Forms of c. 107, p. DG'.. Mortgages and sales of personal property. See Chattel Mortgages and Sales. Mortmain. Statute of Sec Appendix dmsf). Municipal Act. c. l«4, p. \7'>H; f)! V. c. 2H ; .Vi V, e. 88 ; :).'{ V. e. 1 2 and c. 50; ".4 V. e. 42. Municipal Drainage Act. c '.\7, p. im>. Municipal Institutions in Algoma, Muskoka, Parry Sound, Thunder Bay and Rainy River c. 18o, p. 2020; r)2 V. c. :J7; nli V. c. ol. Municipal Light and Heat Act. c. 191 , p. 206JJ. Municipal Water Works Act. c. l!>2, p. 2007; 53 V. c. 53 Muskoka and Parry Sound. 51 V- c. 13; 52 V. c. 17: 53 V. c. 2(i. Muskoka and Parry Sound, Sales for Taxes in. 53 V. c. 62. Neglected Children, protection ot. 51 V. c. 40. New Trustees, appointment of. See Trustees and Executors. Niagara Falls Vicinity, Majesterial jurisdiction, c. 92, p 892. Notaries Public, c. 153, p 1418 Every notary for ( )iitario roay draw, pns.s, keep and i.ssue all deeds and contracts, charter parties and other mercantile transactions in Ontario, and atte.st all commercial instruments, that come before him for public protestation and otherwise act in the office of notary, and may demand and receive all the rights, profiit.s and emoluments rightfully appertaining and belonging to the said calling of notary during pleasure. s. 2. .'53 V. c. 6, 8. 2. Ho has the same powers as a commissioner appointed under The Act respectimj Covimi as i oners for taking Affidavits and Jiecognizances. s. 3. 48 V. c- 16. a. 1 ; 30 March, 1886. 101 llu iiiuy ill iitiy part of Ontario tiiki> uttiiliivits uixl utiiniiii- tiotH ill nil ooiit'ts or iti iiiattiTs pfiitliii^^ lictoro a iliiil^u. B«tin^' (li'fiiicd iiu oHicfi-of tln( Hii,'li Coint hihI of tho Court of Appeal, all atliduvits, otc, talci-n i)} hiiii will have tlu! siirno foi'Ci' as if taken lu-foii) a cuiiiinissionei', and may la- read and niaclo Use of as otiui' atlidavits, cle. taken in eoiirt. ss. + and 5. 48 V. V. l(i, ss, •_> mid 1., ih. Notices. .SVr ( »Hicial Noticen. Notices to quit. Srr Lmdh.rd and Tenant. Noxious Weeds, destruction of e. -in^, p •2240 ; .'4 V. V. 4.S. OflBcers. sVr l»ul.lic (JJlicers. Official Documents. Si-i' VV'jtne.sxes and Kvidenee. Official Notices, publication of. c. 18, p. 2.').'{. Advertisenierit." of piildir oHicer.s are to lio piilp|islied in 77/« Oiifdrio LidZi'ttc nnles.H otliei'wise provided (.s. I), lil V. c y nu uMiiiiivit si'itii)^ t'oi'tli {a, tilt! turiits of tin* dctiiisf or ii;r|it nf oiU'Upiitioii (it vt-rliiil), {h) tlu" piirticuliiiH of tin- Ni'ivici- of tlio writtfti tiiiiti* tlwn'to unrifxcil, hikI (< ) till' n'luNivl of tlir tfiiiiiit t Surro^^iito (\tiirt in < I'nr nil ri-iil |)nii»ci(y within till' cor.iity, iu ii'sptct of or to wliicli a |h'i««om ln-ing ioIximI of or cntitit'ij to any oAtuti* in fee Hiinpic tliciriik, roMt«'<| in any laml in Ontario, or the i| hy any Siirro^ratr (!oiirt), ot'nn infmit iMititlnl to the ininii'(liiit<> possession of any estatf tliirciii, may til<> a petition in tlm County Court of tlit> county in wliicli all the lanr in the ili;;)) Court, if thu lands am Hitiuit' Hills ami Promissory Notes Act (appendix). Property of Religious Institutions, c. '2'.i7, p. -.'^.s ; .')'2 \'. c. .54 ; r>:i \ . c. 74. Conveyances to reli<;ious institutions, inclu. But any Judge of the High Court may take .same in any action, and filing an affidavit therewith in such case is not necessary. And the Judges and clerks of the several County Courts respectively may take all affidavits, affirmations and recognizances of bail x'equired to be taken in their resp active courts, c. 62, s. G. Recovery of premises by landlords. See Landlord and Tenant. Overlioldiujj Tenants. Rectories, c. 23G. p. 254G. References. See Arbitrations and Roferencos. Reformatory (Andrew Mercer), c. 239, p 25GG. Reformatory for Boys. c. 241, p. 2577. Registration of Instruments. Registry Act. c. 114, p* 1040 ; 51 V. c. 17 ; 52 V. c. 19 ; 53 V. c. 30. After any grant from the Crown of lands in Ontario and Ktiect of re- Letters Patent issued therefor, every instrument affecting the gistering or lands or any part thereof comprised in the grant, unless such reglaterf W \ if 1 108 im m Tiiimfor in- Tax deeds. Other Hales Issi" nstruincnt is rug is to rod in manner tliroctufl V)v this Act before the registering of the instrument under which tlie suhsecjuent pinchas<'r or mortgagee chiims, will be adjudgeil fraudulent and void against »iny subsecjuent purchaser or mortgagee for valuable consideration, [31 V. c. 20, s. (if, 4 Marcli, IHGH], " without actual notice." (s. 76) [Amended, luhling last three words, by 'M V. c. 17, s. 7 ; 2(» March, 1H7:}.] Wills and probates will bo deemed sufViciently registered to preserve piiority, if registered witldn twelve months after tes- tator's death, or within twelve months at'te-r any devisee or intei'ested jxa'son disabled from registering same by reason of some ini!vital)le ditlicidty or inn)ediment without his wilful neglect or default has attained such will or probate. s. 77 31 V. c. 20, s. 65. Deeds of lands sold foi- ta.xes, since 4lli March, bSlJM, must be registered within IS months alter the sale. And deeds of lands sold under any pnjcoss issued frouj any court in Ontario, since 4 March, 18(58, must be r(!gistered within six months under process after the sale to presei-ve priority against purchaser in good °^°"'"'- faith who first registers his deed. s. 7«. :U V. c 20, s. 58. But deeds of land sold for taxes or under process of law before 4 March, 1808, ought to have been registereil within twelve months from said date to preserve such priin'itv. s. 7I>. 31 V. c. 20, s. 59. Registry to be Registration constitutes notice of the instrument to all per- notice. gojjj^ claiming any interest in the lands subsetpient thereto, notwithstanding any defect in the proof foi- registration, but no instrument should be registered except on such proof as is required by the Act. And it is only since 29th March, 1873, Retrospctive that reoi.stered instruments defective in proof constitute notice. operation. g, gQ ^^d 81. 31 V. 0. 20, s. 6G, as amended by 30 V. c. 17, ss. 4 and 5, Actual notice. Priority of registration will not prevail if there has been actual notice of the prior instrument by the party claiming under the prior registration, s. 82. 31 V. c. 20, s. 07. No equitable lien, charge or interest affecting land will be deemed valid in any Court in Ontario as against a registered instrument executed by the same party, his heirs or assigns, and tacking will not be allowed in any case to prevail against the provisions of this Act. s. 83. 31 V. c. 20, s. 68. This Act will cease to apply to land after a certiticate by the Master of Titles of the first registration of an owner under The Land Titles Act, c. 113, R.S.O., shall have been register- in the Registry Division in which the land is situated. Registration of Births, Marriages and Deaths, c. 40 p. 429, 54 V. c. 23. By 10 and 11 V. c. 14, 1847, a registry of all baptisms, prior to 1856-7 marriages and deaths in Ontario was to be kept in a book by the clergyman or other persons performing the ceremony, and As to liens and tacking. When Land Titles' Act applies. Registrations 100 11 be tered teby Inder Ister- 40 (isms, by and lie was to make an annual return thiTeof to the Clork of the IV'iiceof the County, or C'lerk ot the City or Town Council of the city or town wliere he resided or othciated at the time, and a like return was to he made annually hy such clerks to the Minister of Agr-culture, who as Chairman of the Hoard of Kej,dstration and Statistics-, was to have cl»u«,'t' of such returns. C.S.C. c. :i:i. By 20 V, e. tiO, 1857. every clerLfvman or minister after :vr„rrift^Hre- solenmizinij a iiiai'riaj,'^ was to enter in a hook to he kept hy c0 as ameiide.l bv ."Jfj V. c. 18 ; ^(1 V. C. 2:i; 40 V. cc. 7 and 8; 44 V. c. i:'.. All persons associated in partnership for trading, man ufac- .,,, , . f,i..;., , • • i^ • i • ii • 4. !• • When biim- tunng oi- mnnng ])urposes, must register \n tiie registiy ilivi- „,.«„ ,,„rtnHr- sion in which tbey carry, o«' intend to carry on business within «li'rH f'-nnt-d six months next after thi^ formation of such partnership, a ti',j*;r*J^,f't"",p declaration in writing signer„^.ij,i„„ ness is carried or is intended to l)e carried on, must sign in when nonie of their own names, and also for their absent co-members under ^''^ i^ties their special authority to that effect, which special authority ' must be annexed to and hied with the declaration, s.l.sub-s.2. A similar declaration must in like manner be filed when any -^ . :^^ alteration takes place in the membership of, or in the name, where cimnge style or firm, or in the place of residence of any member of '" partnership the co-partnenship, and every new declaration shall state the alteration so made. s. 4. The allegations in any such declaration will not be contro- Aileg»tions- vertible as against any party by any person who has signed incontro- 1 1. iSii 110 tho same, or who wns rcnily a tnoinlttr of the partnership whi-ti .such /," ov .some other word (»r phrase indicating a plurality ol members in the firm must register in the registry division in which such person carries on, or intends to carry on busi- ness, within si.\ months of the time when such style is first n.sed, a declaration containing his name, surname, addition and residence, and the name, style or firm under which he carries on, or intends to carry on business, anK«uni. produce from their dairies for that purpose, s. l«. e""!!",!..!. Relief ot Indigent Debtors, c. (i.s. p. 773. Religious Institutions, property of. See Property of K»'li;.ious Institutions. Remainders, contingent. S<'e Transfer of Property. Remission ot certain penalties, c. 90. p. «ti7. Removal of Prisoners, c. 2-ii. p. 2.')«6. Rent Charges. Sm Transfer of Property. Replevin, c. '>'>. p. (i!>l. VVhere goods, cliattels, deeds, bonds, debentures, promissory jij,],, ,,f notes, bills of exchange, books of account, papers, writings, action. valuable securities or other pei'sonal proptrrty or «!ti'ects have been wrongfully distrained under circumstances in whicli, by the law of Et>gland,on tlie 'ith Deceml)er, 185!), replevin might have been made, the person complaining of svich distress as un- lawful, may bring an action of replevin ; or where such goods, chattels, property or eflet^ts have been otherwise wrongfully taken or detained, the owner or other person capable of main- taining an action for damages therefor, may bring an action of re|)levin for the recovery of the goods, chattels, property or etiects, and foi- the recovery of the damages sustained by reason of the unlawful caption and detention, or of the unlawful de- tention, in like manner as actions are brought and maintained by persons for unlawful distres.ses. s 2. i W. 4, c. 7. s. 1-14; 1.5 V. e. 64, s. 1 ; C.S.U.C. c. 29, ,s. 2. If a plaintirt'suing out a replevin writ for personal i)roperty Dmnatrps in not previously taken out tA' his possession and for which he s|)ecial cur^f^. might bring an action of trespass or trover, fails in the action, the defendant will be entitled to be fully indemnified against all damages sustained by the defenilant including any extra costs incurred by him in defending the action, and the bond to be taken by the shiu-iff shall so provide. 48 V. c. I.S, .s. 8. :30th March, 1885. C. R. Practice, No. 1104. Where the value of the gooils or other property does not , ... . exceed .S2(I0 the County Coui't has jurisdiction, and where the value does not exceed SOD the Division Court has jurisdiction. ss. 4 and 5. Restitution of Stolen Goods, c. 12. c. (59, p. 777. From 45 V. This Act provides that a sunnnary investigation may be To owner made by a Judge before whom a prisoner is tried and convicted sumtnariiy *' ° *• adceitaiiied. i i 112 Seour'ty orderea. i: y Valuable •pcuritiex. Limitation of Act. in respect to property alle^'ed to l)e stolen and foun>l in )ii». possession, as to tht ownership of such property, and that such. Judge may nuike an order for delivery of the property to the claimant whom he tinds to be the owner, or entitlml to posses* sion thereof, s. 1. But the right of the convicted person to take proceetlings for the recovery of the j)ropeity is not harred hy the order, and the Judge may require the person in whose favor tho order is made to give security for tho return of the property to the person convicted, in case the latter should tharoafter be held to be entitled thereto, s. 2. And if before an order is made, it appears that a valuable security so found in a prisoner's possession has been bona fide paid by some person liable to the payment thereof, or being a negotiable instrument has been bona fide taken or received by transfer or delivery by some person for a just and valuable consideration, without notice, or without reasonable cause to suspect that the same had been, by felony or nnsdemeanor, stolen, taken, obtained, extorted, embezzled, converted or dis- posed of, in such case the Court shall not order the restitution of the security, s. 3. This Act will not apply to the case of a prosecution of a trustee, banker, merchant, attorney, factor, broker, or other agent entrusted with the j)Ossession of good-*, or documents of title to goods, for a misdemeanor against The Act respecting Larceny and HimUar offences, s 4. And nothing in this Act will be construed as intended to aft'ect the right of tho (town to claim property as forfeited for felony, s. .5. Returns of Convictions and P'.xies by J Fs .c. 70, p. 80!). Returns of Convictions, etc. by Police Magistrates, c 77' p. 812. Revenue. Sec Public Revenue. Reversions, purchases of See Transfer of Property. Reversions, merger of See Landlord and Tenant. Right of entry. Sec Landlord and Tenant. Riots near public works, c. 34, p. 362. Rivers and Streams, c. 120, p. 1174. Road Companies Act (General), c. 159, p. 1467 ; 52 V. c. 27; 63 V. c. 42. Rules of Equity and of the Common Law. As between the rules of equity and rules of the common law, if there is any conflict or variance in their application with reference to the same matter, the rules of equity will prevail. 44 V. 0.5. s. 17 (9, 10.) 22nd Aug. 1881. Judicature Act s. 53, (12.) 113 iiotdixiioMK) of within » y(*ni' to vent in linir* Sale of Real Estate by Executors and Administrators. P4V. c. 18. 4th May, 1H})I. Renl oHtatti not iiiti(>n of ing tho devolution of estate.s, the same powers as to disposition Jl'ip^f" '"||'" ot lands as in the case of personalty. But such sales must be alty. made with the approval of the official j»uardian. (a) Where infants or lunatics are beneficially entitleag(. g^ies ap- all the heirs and devi.sees made by executors and administra- proved by tors with the consent of the official guardian as required by "an^conlmnedi section 8 oi The Devolution of Estates Act ; notwithstanding there were infant heirs and devisees, and no debts to be paid out ot the proceeds. And all such past sales will be sufficiently confirmed as re- spects the heirs and devisees by the approval of the oflRcial guardian expressed in writing under his hand in any case in which the value of the infant's share is under ^50. All past sales made by executors and administrators in other other past cases will be adjudicated upon according to equity and good "les. conscience in view of all the circumstances, and those made in good faith for a fair consideration will be held valid. And every sale heretofore made will be valid unless ques- Time limited tioned in an action within one year from the passing of this in^'^"^* '*"*" 8 (J. I.). PiTionii ic Cf pting iihare of |>i)rcliM« money to Ix' Kona ttcle |>ur- chaKom of ••K- tat« from i<\- ecutorM, I'tc, to hold lamo free from dubtM AIho bnna fide purchaMiTH from duvJHt'f. Kiilea of jiro- ceduH! iiuder Thr D< voluliiin of Kuttilm Art. lU Act, except in any caso whuru iiiulrr T/ie DevobUionof EhIuU'h Act tho approval of thu ofKcial guardian waH ri'*|iiire(l and not obtained, h. ',\, And aH rc^anlM all nucIi pant HalcH whero tho approval of ttin otlicial guardian wa^ not ruijuirod, tho acceptance of a Nliaroot' till! purohaHt' nionuy l>y a purHon l)«>nuHcially ftititlud will !>«• decniud a coiitirnuition oC tlial ontat*' from executors or adniinis- trators under 'Ihe, Itevolut'nm of KntaU'ti Ad or this Act can hold saute dischar^^'t'd from any dehtsor liahilities of the deceased owner not Hpecitically eliarged thereon otherwise than hy his will, anniaU> who has lieen sutluced, aiwl for whos«5 su In any action for defamatory words spoken of any woman imputing or meaning that such wonmn has committed or been guilty of either adultery, fornication, or concubinage, the plain- tiff may recover nominal damages without averment or proof of special damage ; but this Act mu.st be referred to in the statement of claim. The defendant, however, may apply for security for costs after statement of claim tiled, upon notice and affidavit shew- ing the nature of the action ; that plaintiff not possessed of pro- perty sufficient to answer the costs and that there is a good ill li i m I Ml xaiiiin«>2;i I . Societies. .SV** Mon«!volent. Htiildin^. linniij,'ration aid. Solemnization of Marriages, c. I.il. .'tl V. c. 20. 54 V. c 2H. Biticn iHMi Sinpt) tin' year iH.^O.miniHtt'rsaiKl cler^ynu-n of ovory cliiircli and roliuiotiH denomination duly ordaituMl or appoititcd uccord- MiH to tn«! rij^lits aiid ceremonies of the cliurclieHor diMiomina- tions to vvhioli they respectively lielon^'.and residt^tit in Ontario, coiiM liy virltit' of sucli ordination or appointment, and accord- ing,' to the rites and nsaj,'eM of such churches or dononunations respectively, solumni/e the ceremony of marria^i' hetwe(!nany two persons not under ii \v^&\ dis(|ualitlcation t<» cotitract sueli nmrriiih't'- 20 V. c (id s. I ; CS.U.C c 72, s. I. Hy 4«rty to li'iivn On- t*ri>i. 117 nulitPiihod in liko iniinnt'i n-fiTrini? to HUih hill («« Ml) iiiiU'hm it in H|t|>ri>li«trii|t piirty rlinr^KiiliU' In ulxtiit to )|uit Ontario, in wliicli ohhi^ tlii> iictioti may \m hrouirlit ulthoiiKli otio inoiitli liiiH not yi>t i>x|)iri>rt>rti'il to Im> tiixi>i|, ami any action tlii'i'Kopon I'fstraim'il ptjndin;^ tlir ii-fi'ioncc, upon application of till' party cliai^cil within the moiitli (s .t'J), or upon ap|>li- Ciitidii liy <>illi)T parly, it' no application made witliin tlic iimntli (n. mm.) lint no ii>|'i>icnt')>, fxct'pt iimltT sp)><'ial ciit'iiniHtanci'H, will li)i nuiili* on application ot' party clinr;;)* If. however, a r<'fei'ence iH mii'lu special (lirectioiiN may he ;;iven ns to tliu coinppli<'iihle to tl.o piiity applying' may he consii|ere, p. 2587. Stationary Engineers. ^A V. c. Ml. Statistical Returns. oM V. c. 12. \\'tii"n tiDCfd 1.1- {III rlr, A nil I'imtit of ritli'i'i'iii'i' tiv»v |iayiil)U> Wtier« no (IhIIvit*')! f 'ontuntu of hill. I'ayiimiit will not prHuliide taxation with< in » yeftr. U». Tax Sales and Deeds, etc. (From Tlw. Aftbe where the land is situate^ within IH months after the sale, other- reKiHt.Ttd wise it will ri(*t preserve priority as against a purchaser in ," '„nti,'H to ob- good faith who registered his deed prior to the registration of tain priority, such tax deed. s. IS*. .'11 V. c. 20, .s. 5S. 4 March, l.Sli.S. And see livu'ist ration af /nsf rmnents. Where a sale or tax deed is void for uncertainty, and tlie .x^,„i,n,,r„vf>• ])urchaser has impi'oved the land, the value and improvements, niHiUh wher.' (!tc., Will l»e asseesed in any action for the recovery tlit^reoi, „„^,,.^ ^,,1,1^,1 and the plaintiH" must pay for the improvements, etc., in addi- fDnmcortainty tion to the purchase money, interest and snhsecjuent taxes |)aid in respect of tlie laml hy defenihmt hefore hecoming entitled to pos.se.ssion, unless defendant elects to retain the hmd an paying its value into court. But this section will not apply (1) If the lands sold were not legally liable to be assessey this Act, tinned, but such contract will remain in force and all consequences thereof, as to admission of title or otherwise, as if this Act had not been passed, s. 199. 33 V. c 23, s. 12. Nothing in sections 190 to 199 both inclusive of The yl.s.sess- Sections l!K)- ment Act, will affect the right or title of the owner of any !•« ""*• t«> up- lands sold for taxe >, or of any person claiming through or under J^Jner'has him, where at time of such sale and since, such owner or those occupied aince claiming under him have been in occupation, s. 200. 33 V. '"^^^• c. 23, s. 7. Telepraph Companies, c. 158, p. 1405. Tenants. See Landlord and Tenant. Overholding Tenants. Tenancy by the Curtesy. By 22 V. c- 34, s. 4, (1859) no conveyance or other act of a Under 22 V,c. wife in respect of her real estate could deprive her husband ot 34. h. 4. any estate he may become entitled to as tenant by the curtesy. i ! 120 UnderSft V.c. 1« (2 Mivrcli, 1872.) Under R.s.o. 77, c. laf). 31 Dec, '77. Under ^i» \.c. 22 s. 4. 1 .1 Illy 18Wi. By 85 V. c. to, s. 1. ti March, 1H72, a inarriccl womoa could hold Irt real estate to her .separate use, free from an/ estate or chiini of lier husband as tenant by the curtesy. Ky U.S.O. 1877. c. 12'), (31 Dee., 1H77) the rights as afore- said are limited to real estate of a woman married after 2 March, 1!S72, and revives the ri<.jht of a husband as tenant by the curtesy in any real e.state of the wife not disposed of by her inter vovos or by will. I'.y 4!> V. c. 22, s. 4 (3) (I July IHSG) any husband, who, if sections '{ to i) of the Act had net nasscMl wotdd be entitled to i'n intert.'st as tenant by the c\n"tesy in any real estate of his wile, may by deed or instrument in writin*;, executed within G niunths after his wife's deiith and attested by at least one wit- ness, elect to tak(f .such interest in the reid and pei'sonul prop- erty of his deceased wife as he would have taken if the said sections of this Act had not pa.ssed. [See (Conveyances by Married women. Wills Act s. 49, and Devolution of" Estates Act] Thelluson Act. r>2 V. c 10 s. 2. The Act pas.sed by the Parliament of the United Kingdom of Great Uritain and Ireland, intituled, " An Act to restraiv all Trusts (tnd Dircetiovs in Deeds and W'dls, whereby the Profits or Produce of Real or Personal estate sliall be arcu- vialated, and the beneficial enjoyment thereof postponed be- yond the time tlierein limited," which Act is commonly known as " I'hr TJieUuson Act,'' is declared to have been and to be in force in Ontario. 52 V. c. 10, s. 2. 23 March, 1889. Tile, Stone and Timber Drainage, c. 38, p. 390. Timber on Public Lands, c. 26, p. 314 ; 53 V. c. 8. Timber Slide Companies Act. c. lOO, p. 1507 ; 52 V. c. IG; y,i V. c. 43 Tithes, c. 225, p. 2540. Title Deeds. See Custody of Title Deed.s. Title Deeds, right to inspect. See Mortgages. Titles, an Act to Simplify. See Vendors and Purchasers Quieting Titles. Tolls Exemption Act. c 197, p. 2230. Toll Roads. Act to facilitate purchase of. 52 V. c. 28 Toll Roads. See Road Companies Act. Traction Engine, c. 200, p. 2242. Trades Arbitration Act. See Master and Workmen. Transfer of property, c 100, p. 904. Corporeal ten- All corporeal tenements and hereditaments, as regards the einenta lie in convej'ance of the immediate freehold thereof are deemed to lie m grant as well as in livery, s. 2, 14 and 15 V. c 7, s. 2 ; C.S.U.C. c. 90, s. 2. grant. 121 A footfment other wi.su tlmn by deed is void at law, and no feotiinent has any tortioua operation, s. li, H and 1.') V. c. 7, s. li; C.S.U.C. c. !)0, s. ti. In deeds or other instruments made after 1st July, IHHG, the use of the words " heirs," " heirs of the body," " in tail nuile" and "in tail femalf," is no lon;^'er necessary but the Words " in fee simple," " in tail," " in tail male," or " in tail female, ' or any other words indicating the limitation of tl>e estate intended will be sutticient. And where no words of limitation are used in a conveyance made after 1 July, iSSii, and no contrary intention api)ears therein, all the estate.right, title, interest, claim and demand of the conveyinjjf parties respectively, which they res|)ectively have povvei- to convey will pass thereiuider. s. 4. 4!) V. c. 20, s. 4, 1 July l.S8»i. Freehold land or chattels real nuiy now be conveyed by a person to himself jointly with anotlier, and by a husband or wife directly to the other, alone or jointly with another person, s. '). 4! I V. c. 20 s. G. A receipt for the consideration, money or s('curiti(^s in the body of a conveyance, without a further receipt being endors- ed, is sutHcient to tlischarge the person jiaying, and to evidence the pjiyment in favor of a subseciuent purchaser not luiving ■notice of non-payment in fact. s. 0, 4!) V. c. 20, s. 10. A purchaser may at his own cost liave the execution of the conveyance attested by his solicitor or some person appointed by him. s. 7. 49 V. c 20, s. 11. A partition and an exchange of land, lease of land re(|uired by law to be in writing, assigrnnent of chattel interest in land, and surrender in writing of land, not being an interest which might by law have been created without writing, if made since 1 January 18.50, otherwise than by deed is void. s. H 14 and 15 V. c 7, s. 4; C.S.U.C c. 90, .s. 4; 32 V. c 38, s. 3. Contingent, executory, and a future interest, and a possibil- ity coupled with an interest in land, whether the object of the gift or limitation of such interest or possibility be or be not a.scertained, also a right of entry, immediate or future, vested or contingent may be disposed of by deed, since 1st January IS.iO ; but no such di.sposition by force onlyof this Act defeats or enlarges an estate tail, s 9. 14 and 15 V, c. 7,s. 5; C.S.U.C. •c. 90, FeiitfmenU by WiirdH tatmii. >f liiiii' W'hfii all PM- tiite lit'M to JlilrtS. Ci)iiv>yaiice direct to self, wife, etc. Receipt in deed sutticient PurchaKi-r's right of attes* tation. Partition deedn, etc. Future inter- ostH may be deeded. S. J. Neither the words " grant," or " exchange " in any deed, otc, made since 1st January, 1850, create any warranty or Tight of re-entry, or covenant by implication, except in cases where by any Act in Ontario, it is declared that the word " 10. 12 V. c. 7, s. 6; C.S.U.C. " grant " shall have such effect, s 8. 10. •c*00 Every conveyance of land made since 1 July. 1886, or under 'the former Acts relating to short forms of conveyances, shall be held and construed to include (unless specially excepted). No implied warranty by use of word '•grant," etc. What convey ance includes. lii !i •■11 122 fM Oorporationn aggregate may convey. Dej'dn valid \vithoi\t enrol ineut. How land sold fret'd from en- Ciunbrunces. Covenants to be implied in conveyances. Of leasehold lands. By trustee or mortgagee. all houses, outhouses, edifices, harns, stables, yards, gardens, orchards, commons, trees, woods, underwoods, mounds, fences, hedges, ditches, ways, waters, watercourses, lights, liberties, privileges, easements, profits, commodities, emoluments, here- ditaments and appurtenances whatsoever, to the lands therein comprised, belonging or in any wise a[>pertaining, or with the same demised, held, used, occupied and enjoyed or taken or known as part or parcel thereof, and if the same purports to convey an estate in fee, also the reversion or rtjversions, re- mainder and remainders, yearly and other rents, issues and profits of the same lands, and of every part and parcel thereof, and all the estate, right, title, interest, inheritance, u.se, tru.st, property, profit, posses.sion, claim and demand whatsoever of the grantor, in, to, out of, or upon the same lands and every part and parcel thereof, with their and every of their appur- tenances, s. 12. 9. V. c. G, ,s. 2 ; CS.U.C c. 91, s. 3; 49 V. c 20, .s. 5. Corporations aggregate in Ontario, capable of taking and convt^ying land may take and convey by deed of bargain and sale, subject to any general limitations or i-estrictions, and to any special provisions as to holding or conveying real estate which may be applicable to such corpoi'ation. s. 13. 4 Will IV., c. 1, s. 46; CS.U.C. c 90, s. 13. A deed of bargain and sale of land in (!)ntario executed since • 1th March 1834, does not re»|uire enrolment or registration for the mere purpose of rendering it a valid conveyance. s. 14. 4 Will. 4, c. I, s. 47 ; 13 and 14 V. c 03, s. 3; CSU-C c. 90, s. 14. Lands subject to any incumbrance, whether iumiediately ]>ayable or not, may by order of the Court be convej'ed freed iVom the encumbrance, upon sufficient money being paid into Court (as provided in sec, IG of this Act), to keep down or otherwi.se provide for the charge. s. 15. 49 V. c. 20, s 12. In a conveyance other than a mortgage, made for valuable consideration after 1 July 188G, the following covenants by the person who conveys, and is expres.sed to convey as benefi- cial owner, will be deemed to be included and are implied, viz. : Right to convey ; cpiiet enjoyment ; freedom from encum- brances ; and further assurance, according to the tenor and effect of the several and x*espective forms of covenants for said purposes, Nos. 2, 3, 4, and .'), in Schedule B, to the Act respect- ing ^hort Forma of Conveyances. And in a conveyance of leasehold property other than a mortgage made for valuable consideration after 1 July, 1886, a covenant as to the validity of the lease (as set forth in this section), by the person who conveys and is expressed to con- vey as beneficial owner, will be deemed to be included and implied. And in a conveyance made after I July, 1886, by a person conveying as a trustee or mortgagee, or as a personal represen- 1 execu- m I2.S tative of a (leceascU purson, or its a coimnittec of a lunatic ho found by infiuisition or judicial declaration, or under any order of court, a coviniant by .such person ajfainst incumbrances (as set forth in this section) will be deemed to be included and implied. A covenant imnlied as aforesaid may be varied or extended, ^«'i'H">" "^ and the benent of such covenant ;,'oes with and is annexed ami incident to the estate or interest of the itnplied covenantee, and may be enforced by every person in whom the estate or interest or any part thereof may, from time to time, be vested. But no such covenivnc will be implii'd under this Act where in ijen.ticial th(! conveyance it is not expressiul that the person conveying "wnermuHt does so as beneficial owner, or as sttttlor, ti'ustce, mort^^'a^'ee, etc., ''^^^"\^^^ "" as the case may be. Where in a conveyance, however, it is expressed that by din'Ction of a person expres.sed to direct as beneficial owner another person conveys, thmi the person j^iving the direction, whether he conveys and is expressed to convey as beneficial owner or not, shall be deemed to coTtvey and to be expressed to convey as beneficial owner, the subject matter so conveyed by his direction, and a covenant on his part will be implie.l aocordinj,dy. s. 17. 49 V. c. 20, ,s. V). 1 July, 1886. To prevent powers of appointment from beinn' invalid by Towprn, reason only of defect in the manner of execution, it is ])rovided 't",','||'^" that an itistriiment made in i)ursuance of or under a power of appointment, if executed in the presence of and attested by two witnesses in the ordinary mannei', will lie a valid execution, although it is specially required that such instrument should 1)6 executed or attested with some additional or other form of execution, attestation or solemnity, s. 18. 2H V. c. 2S, s. 11. 18 Sep., ISOij. A person to whom a power is niven may by deed, release or Cuntiact not contract not to exercise .same, whether power created by instru- I'l^ve^*^"*** ment coining into operation before or after 'Hi April, 1887. i'yO V. c. 7, ,s. 9. s. 19. A bona fide sale of an estate under a power of sale, where the MiHtaken |iay- tenant for life or any other i)arty to tlie transaction, received "i«itt(> tenant 1 . , I . "^ .. 1 ' ,*' 1 !• , • 1 fur life not to by mistake a portion ot the pui hase money or value ot timber avoid 8ale thereon or other articles attached thereto, maybe declared "nurchaHt>. 124 which is suhject to the power, Hut nothinj;? in tliis section will prejudice or afl'ect any provision in any flecd.will or other instrument cr«!»tin;,' n power whicli ilcelares the amount or share or shares from which no ohject of tlie power shall ho excluded, or whieh declares some one or more olijcet or objects of the power who shall not he excluded. 4!), V. e. 1(5, s. 3!S. The Jtulirature Act, s. 52 (4). Where, since the 4tli March, iSli.s, lands are sold V>y auction without reserve it is not lawful for the seller or for any |ier- son appointed to hid for him, to hid at such auction, or for the auctioneer to take knowin^dy any sucli hiddinj,'. Such sale hy auction will he deemed and taken to he without reserve' unhiss in the particulars or c(jnditions of sale it is stated that the land will he soUl suhject to a leserve price or to a rijj;lit of the sel- ler to hill. Hut nothing' in these four sections of tlie Act will he taken to authorise anv seller to hecome the puicha^er at the sale. ss. 22-,*}-4-5 and (i! :'.], V. c. 2S. 4 March, l.SGS. Rent cliarK«M. A I'elease of j)art of hereditaments charged does not extin- guish the rent charge on the unreleased portion, s. 27. 29 V. c. 28, ,s. 10. IcS Sep., 18G5. VVhei'e hy any instrument any hereditaments are limited to uses, all uses thereunder, expressed or implied, take effect as they arise, without continued s(i\s'u\ or scintilla Juris in the persons originally seized, s. 28. 29 V. c. 28, s. 18. Contingent remainders existing between the 3()th May, 1849 and the 2nd Aug , 1851. 14 V. c. 7, s. .".G ; C S. U. C. c. 90. s G. and on the 2nd March, 1877, or created since the latter date or hereafter, are not defeated by the determination by forfeit- ure, surrender or merger of any preceding estate of freehold. s. 29. 40 V. c. 8, s. n9. 2nd March, 1877, If a person makes lasting improvements on lands which he believed to be his own, he or his assigns will be entitled to a lien thereujwn to the amount of the value thereof as enhanced by such improvements (30 V. c. 22 ; 29 March, 1873), but the coui't may, if the circumstances jui?tify, direct him to retain the land and make a compensation therefor, s. 30. 40 V. c. 7, sch. A (114) : 2 March, 1877. And in case an action for recovery of land is brought against a person, who after and in consequence of unskilful survey of a line or limit under The Surveyor's Act, has improved lands not his own, the defendant is entitled to have the value of the 1q vd-' *' be recovered as.sessed, and also the damages for his loss su.;..ii'; ' 'r consequence of such improvements, and no writ of po sotf. ■• 'an issue until the plaintiff has either tendered or pail tfiu "TT.ount of such damages, or offered to release the land tv Ihn jv'1-v.dant for the value so assessed, to be paid or ten- deied b^ luc defendant before the fourth day of the ensuing sittings of the High Court. And where such damages are jis.sessed a* aforesaid, the defendant will be entitled to the costs Future aiui contingent uses. ■Contiiij.C''iit reuiaindero. Improvements under mistake of title. I i 12.-. of tlefenco if it appears that he contc^tod the plaintitl'.s claim for the purpose only of olitniiiin;,' tli(5 value of the iniprovo- luiiuts, also thiU wlifii appoarinj,', l>y uotico in writing to tlit* plaiiititt'or his solicitor, he otlert'd to surn-ndur upon payment of a sum not t,'ruator than the ilama;^os assessed, and that he had not refused to surrender after tentler of the amount claimed. ss. ;U and :{2. 12 V. c :{.'>, ss, 4!» and A(» ; C. S. C. c. 77, ss |():» ami G. Purchases of n^versionary interests in real or personal pro- I'urchaHHs oi perty nuido hi)tm fidi' smro 4 March, ISdM cannot he opened ,,,- '•'v. IM V. c. 27, ss. 1, 2, :\. 4 March, INH.S. It is not iu>co,ssary to prove payment of tlu; purchase :r.oiiev Purclm^^er for in oriler to maintain the defence of piirchase for valuta without iVot'c""'*^ "'" notice. h. '.HI :V.) V. c 7, s 11: Id Feh. IS7(] ; 40 V. c. 7. .sch. A (115). Any purchaser or mort'j;aoiiitnient of ni'W trus- tees. Vesting I'f trtiBt iiri)|icTty ill new or i'i>n- tiniiinp; tius- teeH. Trustees buy- ing or Hflling, Fee simple es- tates of bare trustees. Tree Planting Act. c. 201, p. 2247. r)3 V. c. (JO. Trespasses to Public Lands c 27, p .'n9. Trespasses (Petty). Sec. Potty Trespasses. Trotting Horses, Act to encourage breeding ol 54 \'. c 'ui. Truancy and Compulsory School Attendance. .')4. V. e. Trustees and Executors, c 110, p. 008. r)2 V. c. IK r^ii V. e. 2!l. [And sn; the Act next followini,' ')4 V. c. 10 i"e- specting the duties, powers and liahiiities of Trustees.) Every deed, will or other document creating a trust ex- pressed or implied, will without prejudice to the clauses actu- ally contained therein he deemetl to contain a clau.so for the inilenmity and reim()ur.seiiiontof the trustees, s. 2. 2!) V. c. 2H. ,s. ;{2. IHth Sept. 1HG5. The clause usually in.serted in trust deeds and wills provid- ing for the appointment of new trustees in the place of those dying, refusing to act, etc., now forms .secticm ',i of this Ait. And it is declared that the power of appointment therein con- tained may be exerci.sed in cases where a trustee nominated in a will died in the lifetime of the testator. 40 \. c. 8 s. 30. '2nd iMarch,1877. Since 1st July, 1880, trust ju-operty will vest in new trustees and in continuing trustees as joint tenants under section 4 of this Act without rcfjuiring any conveyance or assignment, ii' the instrument by which they are apjiointed.or by which a re- tiring trustee is discharged, contains a declaration to that effect, .subject to the law as to the transfer of stocks, etc. For regis- tration purposes the person or pers(ms making the declaration will be deemed the conveying party or parties, and the convey- ance will be deemed to be made by him or them under a power conferred hy this Act. s. 4. 49 V. c 20, s. 17. 1st July, 188(1. Trustees who are vendors or purchasers may sell or buy without excluding the application of section I of The Act to Amend the Law of Vendixi- and Purchaser [c. 112. See Ven- dors and Purchasers], s 5. 39 V. c 29. s. 2. 19th Feb, 1876. Fee simple estates of a bare trustee will upon his death vest in his legal personal representatives, s. 6. 39 V. c. 29, s. 5. .■if m ve- [ect, tion my- u ly. I buy ;t to i'eb , vest s. 5. wiitiicn UM l)aru triiitoen. 8. H. Try nmrri<«i witlioiit litT linsl)ainl joininj;. m, 7. :>!> V. c 2!), h. (i. As to rt't'oipts of truHteeH boin«; ert'octual discharges See xindkiv Afitrfya;frn. s. 1'). Kxecutors and administiMtors may maintain an action for all ... ., , torts or injunt's to i\w person and cstiitf, real and personal, of KxccutorH. tlio deceased person they represent (except incases of liliel anw .lain advantage*, whicli in conseouence of, or ifsulting from the "><•''; ''"''"'■ wrong committed, accrued to tlu; estate of the person who com- mitted the wrong shall bo taken into consideration, and form part, or the whole of the dduiagos to Ite recovered, and wluitlier or not any property or tho proceeds or value of property be- longing to the ])erson l)ringing tho action or to his estate has or liavo been appro|iriate(l by or added to the estate oi- the moneys of the person who committed tho wrong, s. 11. 49 V. c. lO s. 28. Executors or administrators of any lessor or landlord with- DigtresHby in six months afrer the determination of the term or lease, executor, etc . and during continuance of possession of the tenant, may d is- "f '«'*'*"''• train upon tlio lands (lemiNtiy null' nr niiirtKuKf to pay (!linrK*''< niitwithHtuml' inif iiliM'iic)' 111 IIX|it'«'KII |iliUlT in will. PoWITM of mile, ♦'tc, may b« cxiTciM'il by f'xtM iitiT wlifti nil I'tlitT |it)rHiin up- pointi'd, etc. Also by nn ad- iiiiniNtnttur. PowpfH Kivcii to twii or more to survivo. ExecMtorn, etc., may con- vey |>urHuant to contract of ealn by fie- ceaHtfl. Invrnliniiit.t hii TrUKt(eii tir L'srccntorii. Ki'iil cstnt*' paH.sinj^' to a tnistf*' or •>x«'out«»r iimh'r i' iMtli Sttpt , IS(I.*>, it' cliui'i^ud with tlu( paytiKMit of di^lits, legacies or otluT Hpccitic niuii of iiiorusy, may l«' Hold or inortpipMl l»y tlu! tniHti'i- for tin; timo being to Hatist'y hiicIj fliargcs, iiotwitliHtatiy such devise. And piirehaH o or mortgagees will not he hound to eii<|uiru if these iiowers have heen correctly exercised. h.s. IN, 1!), '20 and 21. But tho pret'cding -J- .sections do not extend ti> a devisi! to a person in fee or in tail, or tor the testator's whole estate or interest charged witli debts or legacies, nor do they affect the existin- power of such devisee to sell or iiiort;,'ago. And tlic! validity of sales and mortgages under a will coming into operation he- tore said IHtli Sept , I8().'i, is to he ascertained and deteriiiiiietl ill all respects as if this Act had not heen passed, s 22. 2!> V. c. 28, Hs. i:{, 14, 15, Ki and 17; 'M\ V. c 20, ss. :i;i, ;{4, M.'), .'{(* and '.\7. Wh(!re the will of a testator, dying before or after I Jan- uary, 1H74, contains a tlirection, (^xpres.s or implied, to sell, mortgage, lea.se, etc., and no j)er.Hon is appointed to execute .same, the executor therein named will have ))ower to do so. s. 2.'{. M(» V. c. 20, s. 'AH. And an administrator with the will annexed, wdio has given the proper .security, may exercise tho powers of sale, etc., given to the executor in such will named, or which may be directed to be cxeciitetl, without any person being therein appointed lor that purpose, ss. 24 and 2'), 'M \. c. IS, ,ss. 2 uikI 3, (24 Dec. l.S(i<)); .'{(I V. c. 20, s.s. 40 and 41. iiut such executor or administrut»)r will be subject to all tho liabilities, etc., as respects the acts to be done by him under such powers as would have been imposed upon an executor or other per.son appointed l>y the the testator, or otherwise by law, to execute same. .s. 27. -V^ V. c. IS, s. .') ; 'M V. c. 20, s. 43. Where there are several executors, administrators, or ad- ministrators with the will annexed, and one or more of them die, the j)owers by this Act created will vest in the survivor or survivors, s. 2«. 88 V. e. IH, s. ; .".G V. c. 20, s. 44. Executors and administrators, and administrators with the will annexed, have power to convey in pur.suancjj of a con- tract for sale, made by a deceased person who dies intestate, or has not made provisions for such conveyance in his will, s. 26. 33 V. c. 1 8, s. 4 ; 3() V. c. 20, .s. 42. If it is not by any trust instrument expressly declared to the contrary, trustees and executors may invest trust moneys in any Dominion or provincial government stock, debentures, or securities, 32 V. c 37, s. 1, (19 Dec. 1868), or in securities which are first charges on lands held in fee simple. 49 V. c. 16, s. 24, (2.') March 1886) s. 29. And under any such in- strument creating a trust since 1 Januaiy 1880, it will also be proper to invest the trust fund in debentures or debenture 12!) M Ktock of any HocH'ty i»r i'(»iii|uiny ini'(»r|M>nit»', US') IH77, liaviii;; a Htiiii>nt, lu> lialilc us t'oi' a lii'cui'li of tiiHt, |irovii|(>i| tliut such iiivi-snin'iit ill all (*tl>cr respects lir I'l'iisonaMc aii) [ATo*. . Tilt' i'lia|pfi'i fiif "(t Vic, on tlie ilutii's. ri^lits, and lialiili- tioM of tniHtiTs ( vvliicli follows tliiN) n'|»i'iil>< s. ;io of c, llu, Imt hiiIi- Htltlltfrt OtlpT SiCtioilS uivitl>< ill'lt!llS(>(i pOWlM IIH tO i II VCSt IIHut s li.v tnisifi's, I UnlcHH expressly (Icclarcd to the contrary in any trust in- Aiim>vi>it.i Mtrunirnt, fxcciiloiH arc invcslcij wilh power (o pay to, accept ''"""^"''"" any coiiipoHition or st^cuiity, allow time for pavinent and '.'"i"." '"'"'-^ conipronii.se, compound or sulnnit to arlutration any delit.s, inniiMmitioiir, uccoiints, claims and miitteis icdntiiit,' to the estati? of the"''' deceased as they niiiy think "Xpeilient. and may execute all necessary instiiiments for sucii purposes without responsilulity for any los- occasioned theiehy, s. .'{j. .'12 \'. c. ;{7. s. M. Witiioiit piejiidice to any cxistiii;,' lien dm in;,' the lifetliin' wii.n .!< of any tlehtor on anv <»f his real or p( rsonal fstite, where tlieic ii a rank and lie pai'l i,|ni„,« ti> nmk /iiii'i iiiis.-ii no delit I'f any raid< or nutuie lia\ in;,' a pnd'ei- f""-i i'""""- cnce or pii:iiily over another, s .'{2. 2'.' \'. e. '2s, ^. S. If an executor oi' iidniinistiator icjccts a elaini hy notice in |t fxi'initnr, writ ill"- tiiven to n cieditor, his Nolicilor or a ''cut, an action th.rc- •■;'•; '■•'.i»'«:t a upon will lie loic\ er liar led, nil less connnenced within six nioidiis ,,, i„. i„oiiK»it after .Mich notice, or witiiin six months after the deht falls "iiliin cTtuIti due, if not due at the time of .such icjeelioii. 7, s. 11 (2M April ISNT). n:\. :)ii v. c. tlliir. npi'll the administiai ion nf the estate of a peison deceased F.iaWiliiy <•' liaole to rents, covenants or aj^reeiuents, m any lease or !i.;rec ment for a leiise, if the execntor or administrator sets apait, a t'N>'niitfv aiiv future claim that niMV 1. niaije III respect of any ascertaineil .sum agreed to he laid out on the pioperly deniiseil. and Iia'^ as.sii^'iied such lease or aLjree- iiioiit to a puichaser, he m;iy distrilmtt! the residuary pcr.-oiiiil estate without ])i'ovidini,' for any future liahility, and without bein;^ personally respoiisihle for any siiliseipient claim Mut the rijfht of the lessor or thost; elaimiii'^ under him to follow the assets into the hands of any one shariuLj in .such distrihution will not he prejudiced thereby. And in like manner an executor or administ;j'ator will 1,|. An to iiii|,iii relieved from per.siinal liahility after such di.striltution in res ,.,,„tH, etc., in pect of future liahilit\, where the same mav ari.se in ii'spect c;.iiiM^yance|. n /■ \ " " ''.V ri' V. «'. 1'**. ««. '2^ nriil -2(1 > Atti-r tli*> tiiiif limift'il hy any |)ro|irr iiodn', hiicIi iim rti|iiiri'i| iiy tlir \\\'^\\ < 'oiirt in tiiliiiiniNliiitinn ^in(>, Ims lit>cn )iii\ iTliinl orj^ivi-n l»y iin\ t iii^Jri- or Mssi;;iiri' f'-r lln' In ni-Ht of crt'ilitorN, or li.v an •■xi'cinor or administititor ciillin;; upon (■r<'ilitoi« to stn'l ill Micir i'lnims, ii ili^ti iliiilion o| n^x<'K ninv AllllU llllcr til trilHtcHH, esfcutiirK, itf. Piolci'tioii (if cNccutors or adniiiiiRtra- torH lif iiiinlc s\ itiioiit >iii'li triisi ff, ii.s^iyin'i', CM ciihii or iiihnililM- Initoi' lii'itit; liiililc lor Hii(;li iiNHcth to any pfiMoii of wIionu cluini Midi a»i'4in'r t-tc , liml iml notici' iit flic (iiiic of ili'.tii- liiition. Hut, tlic ii;;lit of i\ crcilitdi- lo tullow siicli ,i>scl-i into tlictin<4 tlic niana;;cnicnt oi' ailministration of trust propiMty or assets of a tt'Mtat(»r or intc■^talc, uillmul inst itiitin;^ an ac- tiiiii lie imiy liy suinmons ur petitiuii apply to a .Iu«Il;<' of the lli;;li (/Oil i tlierefor. Iiiit siicli petition must he accoinpaiticil hy ciriiticate of (•ounsel to tlie eflcct tliat in liis jiul^^nient tlit* case stated is a proper one fur the opiniun, aiKice or tlirection of t li(! j<|il;4^e. ami nil parties inteiestctj must l>e tiotilicil or he lepreseiitiil at tilt' ht'ariiij;. ovory trustee, execiitoi oi ailministrator, actiii;,' upon And the advice or direction of the jud^c will he relieved fniiii personal res|) \' .Si. Kvcry trustee, executor, administrator and guardian is cntitleilloa fair and ri'iisonahje allowance lor ids care, jiains and Iiis time expended iii and ahoiit the trust estate as may lie allowed hy '.he lli^h < 'ourt, or a .Fudi,^', Master or Ih-feree tln'rc- of to wiiom the matter may he referred. A .liid^e of the lliyli C^'oiirt may on application make such allowance althoiij^h tho trust ( state is not iicforc the court. Ami a SuiKinate Jiidjre may nrdi r siidi an allowance to lie made on passing; tho accounts of a trustee, executor or aflministrator Hut the statute will not iipply to any lase in which the allowance is Hxed hy any instrument crcatin^f the trust ss '.\S, 4*J. C'S. ^^(,'. c. IG, s. (ili:".'J7 V. c. !> (Miaptcr -i'.i of '>.S Vic (iSllO) provides that all acts done hy a person act in;^ as an administrator or executor of the estate of any person, wdio on account of alisence for seven \cars or for any other reason has been presumed to he |'«*miiiiii<<| to Imi •(••imI will siihjiH't to tilt* proviMiDiiN of NiH'lioiH U iiml 4 (iit/ni) huv«> tli«< YlUhi to n'roviT tVoiii till- «>xi'('iitoi or inliiiiiiiHtrHtni- aiiv |iiitl of tli«> i>«ttnli' ri'iiminiii^ in lii> Immh innii'^li ilnitol iitnl im iiiori> ; ami Miliicct to tlir Ntntutrs of limitations will Ih-ci or |i>tti>iN of ailininiHti'tition ;L;riint)>i|, on tliu Hiipponitioh of tlit> will |iiuliuti'i| or iiiiiii\i' Miliiilii- •■.imtion •M rrrolli'oux aM|l|>MKltli>ll ttiiit ti>4tat ■(»(>' • ■ntitli'il tu n'«'o\rr iVoiii any one wlm nccivnl any |»ortit>ii nf 'l"»'l IiIm i>Mlat«Mi> oiif of Ins tnxt of kin, oi as u <|fvi«»t'i', li':;iiti'f ui hi'ir, or JIM tlio linslinn)! or will' of Hin-h |ii>rHoii,tlii> portion ho riTt'iviMl or fin* valu"- tlifrt-of (h I), An*! it uU'i |>io\ii|cy a pcisun nii'lir AUiiMiiKriMxi till' luif lioiit V iif proliiitf aMitii>ii »it ill pioliaiiMl or aiiiii\i' valiti uii»ii'i ri'Vot'iitioii iif tin- Mjrant. tlu- now personal irpri'sfiitativi' of """" ilccfasctl will, ^iilijcct to tlif priivisionn of sections '.\ mihI 1 (iiifi'(i) lia\i' tin- liirlit to recux I'l' fi'iiiii tlie execntor I'l" ailiiiinis- tiator any |>art of tin- fstato retnainiii;^' in liis l)an-tatiites of liiiiitnt ii»n> u ill lieenini' eiititlfil to leeover fiuiii any one wlm ri'cuivt'il any portion of the estate as one t»f liin next of kin m as a ilevisee |e;,'atti nr lieir, or n.s tile liiislianil or wife of till) ileceasi'd, tin; portion so rueeiveil oi the \ulue thereof (M 1'). l'ro\ isioii i- iiiiiile hy section :> tor the siiiil exeeiitor or inl- niinistratoi ritainiii;f his proper eosts anil expenses in ailmiiiis isteriiiL,' tl stall', out of any aiiioiint reinainiii^ in his hamLs utiilistriliiiteil. Ainl section + piuv iiles that tin protection of the act will not i'r..viM.i u- tn lie ixti'inleil to !iny executor or Miliiiinistralor pii\ s to any tn""!. fraud liy means of which prohate or ailministration olitaiiiei!, or in cases arisiiiij umler section I in respt-ct of anything,' iloiie after he liccoiiieN aware that the person presiinieil to he dead is alive, or that the will Wii> invaliil for some rtvisoii, unless the thin;,' done \vu> in pursuance uf a emitract for valiiahle ronsidera- tion madt hef oie said i-xeeiitor m administrator was Mwiiie tu the etleef al'i ni'sa id. Trustees, Duties, Powers and Liabilities of. U \ <■ lit Hh May. I.s!)l This Act will apply a> well to tru.>ls created hy an iiistru- a, nient exeiuied hefore, as to trusts created after the passing of"' this Act. l!ut .save as in this .Act expres.sly provided, no trustee i.- authorized to do anythiii^f which he is in expiess terms forhidden to do. or to omit to y the instrun.eiit, if ]i, «ny, crcatiiii; the trust, it will be lawful for a trustee express "^ or implied, not heiiiL;- an oHioial trustee of eharitahle funds, i|ilic:itiiin .\ct \ otlllt'llt truMt fiiriiN. :il 182 n Appoiiitiiieiit iif agentK lij- tl■U^tl■e8 for cert III n purpoM'j. hut inclutat(', or for that purpose and other purposes, havini,' obtained an order of thn (Jovernor in Council ap|)rov- inj: of investments in 'lie debentures thereof, and havinjn (1) A capitalized, fixed, paid up and permanent stock not liable to be withdrawn therefrom, amounting to at least ^(.'jOO.OOO. (2) A iTserre fund amouiiting to not less than 25 per cent, of its paitl up capital. (l]) A market value on its stock of not less than 25 per cent, premium ; and (4) Paid a dividend of not less than per cent, per nnnuu! on its oidinary stocks during each of the ten vei.rs preceding the date of investment. (/>) Of any s.iciciy or company incorporated under Chap- ter iut it jiiovides K'.M Tn that no tru.stoe will In- i^xi'tnpt from lial)ility which lie W(jiild have incurred if this Act h.td not passed in case of periuittiiii,' such money, valuahle con^sido-ation or pnn)erty to remain in the hands or under the control of the solicitor or hanker for a period lonj,'er than is reasonahly necessary to enal>le either to pay or transfer the sanie to the trustee. As to sales made l»y trustees after the passing' of this Act' no cfntui line tiust will have a ri^dit to impeach sumt; upon the {,'roiiiid that any of the conditions suhject to which the sale was made were unnecessarily depreciatory, uide,s< it aisi; appears that the consideration was therehy rendered inade- quate, nor unless, as against the purchas(!r after the execution of the conveyance to him, it appears that he was actin;.; in collusion with the trustee at the time wh<;n the contract for the sale was made. And no purchaser upon any .sale made by a trustee will Vje at liberty to make any objection aj^ainst the title upon the ground aforesaid, s. 8. Section !) relieves trustees of liabilitv on lenilint; monevon insuffieient security in cases where the trustee acted upon a report as to the value of the property made by a person whom the trustee reasonably believed to be an able practical surveyor or valuer, if such person was instructed and emjdoyed independently of any owner or' the property, and in his report advised the loan,an4> V. c. ."),S. University and College Property, c. c. ;<.S ; .58 V. c. 78 ; University and city of Toronto V. c. y.] Unorganized Territory Act. c })lp. «6cS; Upper Canada College, c. 22!) p. 2 "lOO ; Uses, future and contingent. See Transfer of Property. Vaccination, etc. c. l'OO p. 22i)4. Vendor and Purchaser. 10 Feb. 1S76). 2-Sl p. 2.-) 24; .■)! V Agreement. c. 112 p. 1025 (from 8!) V. c. 21), In the completion of anv contract of sale of land made after 10 Feb. 1876, the rights and obligation.s of vendors and pur- cha.ser.s, are regulated by the following rules, (but subject to any .stipulation in such contract to the contrary) namely : (1) Recitals, statements and descriptions of facts, matters and parties in ileeds, in.strumonts, Acts of Parlia- ment or Statutory Declarations 20 years old at the date of the contract, are pvivia facie evidence of the truth of such facts etc. V.io (2) Uogintcred ineiiiorials of rti,'UL;es are m.m oriaU u( prlvKi facie evirlencf of such iiiort''aciitions the existence or validity of any contract, may be settled by the any titU- High Court or a Judgt? thereof, upon the :i])plication in a summary way of vemlor or purchaser or their representatives re.spectively. s. .'}. Vexatious Actions against Justices and Others, e, 73 p, 702 ; 53 V. c. 2:i. In actions for things done within the jurisdiction of a Justice of the Peace, or by other otlieei's, malice and want of proV)al)le cause must be alleged and proved. A month's notice of such action as under the statute pro- vided must also bo lii'st given. And no such action can be brought for anything done under a conviction or order initil the .same is qiuvshed. The Statute o8 V. c, LiH, pi-ovid(!s that in such actions against a dustiee of the Peace, the defendant may at any time after the .service of the writ, niako applica- tion for security foi- costs, if he can shew that be has a good defence, and that plaintiff is not possessed of property .sufficient to answer the costs, etc. [See under Juri,sdictluii. of County Courts and of Div'uslon Courts as to actions against Justices brought in said Courts]. Voluntary and Fraudulent Conveyances, c l)G p. 899- Since 3 1 V. c, (28 Feb., 1868) no voluntary conveyance, etc., executed in good faith and duly registered, will be, or be (! ! ■ nf iMf; 3 deciiit'fl void a.s uirainst H .svil)st!(nierit purchaser merely from al>st'ncij of valualdc coriMideratioii notwitlistaiulinj,' provisions of 27 Kliz ; e. 4. s. 1. Hut notliinif in tlio pn!(;»'«liii<,' section containeil is to iiivalidate instriimcMits otherwise void under said statute, nor does it alfeet tlie conveyance to a sults(M|Uent purcliaser under a Itindin*,' contract prior to 'IH Feb. ISOH. s. 2. [Sir appendix (jxist) for Statutes 27 Kli/. c. 4). W^itli re;,'ard to fraudulent conveyances, the true construc- tion of the clauses 1 2 and (i ot the Act, 1."} KHz.; c. ') is declared to he ; that clau.ses 1 and 2 Hi)|)ly to all fraudulent instrumei»ts executed to the end, |iurpo,se and intent in the said clauses set foith, unless besides a valuable consideration (not sullicient alone to prevent tlie application) the transfer etc. is proteeteii under the sixth clause of the said Act by reason of there havin<^ been a honti I'lda acquisition without notice of fraud, s. W. Hut this section (.'{) will not apply to any instrument exctcuted befme 2 March, bS72, See Appendix {pusl) for Statute 1.'} Kli/. c. ")J. Voters' Lists ; 52 V. c :{ (repoalin^' c S H.S.O ) Wages, c. 127 p. 1227. 55 V. c Under "The Act respectin) Tiie (k'viso therein of lans(Miee of the testator, s .'). C. S. IJ. C. c. 2. V. c. H. was repealed and the sections tlieiein i-e enacted by :{y siicli witnesses in tlic |t)'»'.s»'iic» • of tilt' testator. And mo lunn ol' utteHtalion is neccssaiv. It is not iieeessm V tliat the testator's sii^'tml iiic sIkmiIiI lie in any partieular plaee, so Ion;,' ns it is apparent on tlie lace of tlie will tliat tlio testatoi- intended ^d\ inj; ellecl liy sneli si^,'- nature to the writing- siijned as his will. Ihit the Ni;,'natnre will not he operative to yive ell'eet to any disposition oi' ilirtsc- fcion nndeineatli or tollowin;,' it, or inserted alter the si;,'natiire was niadi'. ss I I and ll'. Unless e.xecuted iit like ninnner as a will, no ohiiieration, interlineation, or otlx'r lUteiation made in any will alter the execution thereof will ha\e any etieet. except so far as the woi'ds or elfeet hefoie such alteration iiw not a])parent , hut with such alteration as part theit>of the will is to he deemed tluly executed if the signatures of the testatoi and witnesses are made in the mar;,dn,or opposite, or near to such alteiation, or at the foot, end of, or xjjposite to a memorandum, wiitlcn at the end of some othi ( • • ■ ' of the will referring' to such altera- tion s. '2'-\. Publiciilioii lint nflTNMIIV this A.-t s. I.-> Wll he valitl Appointniciil'* by will. Revival of will Will not in valid if wit lU'NS incomiM'tcnt. GiftB &('. to witnossfSjinv a- lid but wit nt'sst's eoiii|i('t- ent to |>rove execntioii. Executor iiini petent witnesses. Power to (lis pose of all propert,v. Kveiy will exec'i .1. ,i.s iHjuired hy without any other |)nhlicatioii thereof. .\nd it will he a v;(lid 'CUt ' if a power of appointment liy uill, if the will is so execii!' > itlislandini.^ .some other foini of execution heiny- expresslv leipiirtMl, litit not otherwi.se. s, 1.*}. No will or codicil or any pai't thereof ix'voked can he reviv- ed except hy the re-execution thereof.or hy a codicil executeil as aforesaid, and showiui.; an intention to revive the same, and no revival will exti'iid to a pai't revoked hefore the revocation of tlie whole unless an intention to the contraiy is shown, s. 24. The incompetency of a witness to ])ro\e the execution of a will, will not invalidate same. s. Hi. Any ]iers()n attestin;;' the execution of a will to whom of to • whose wile or husband, any heneticial devise, legacy, estate, interest, ^ift, or .Mppointment of or atlectinn' any real or per- sonal estate, as also any creditor, or the wife or hushand of such whose debt aj^ainst real oi- personal estate is therehy e;iven or charj^ed, can he admitted to piove the execution and the validity or invalidity thereof. Mut such devise lejjacy etc. so far as concerns such person heinj; a witnes.s or the wife or husband of such, will be utterly null and void. ss. 17 and IM. An executor is a competent witness to prove the execution and the validity or invaliility of a will. s. li) Every person may devise, bequeath or di.spose of by will executed as aforesaid all real and personal estate legal or e(|uit- able which he may be entitled to at the time of his deah, and which if not so devised etc., would devolve upon his heir exe- i:t!t F cutor or iiliiunistriit.t>r, iiicliiiliiii,' all contiii'^riit iiiU-n'sts i'Mn{\'s i>ii I (I III 1 1 (•('(, ami ii;,flits (»!' nitry, iiiiil also llic siiiiin piopcrfcy, cstalf. iiitcifsts, ainl ii;,'lits r»'s|K'(!tivtOy, to which he iiiuy lit' cntillnl III the liiin' ol' his (h-ath, ii(»t\vilhst,:miliii!^ that lie may bccomi' t!iUitl(Ml thercti) at'U'r tin; oxi'cutioii of his will. s. 10. ' Any thii will, u •!<•- (;,„„. p^| ,j,. vise without any words of limitation, will, snltjci t, to '/'//. will incluile such realty and pciisonalty as tht; case nwiy lie uity t.. iMcludf over which the t("it:itor hsis a i>enoral power of apiioiiitinent in i";"i''''t.v "vcr I ii • 1 .>r> winch ttHlator any manner lie may think propt'i-. s. 2!). Iihh iikciutiiI In any devise or lieipiest of real or personal i-state, the uJi|H,iM't?i.tiit words "die without issue. ' or "die without leavinif issue," or Iiii|m.iI(iI "have no issm,', or anv other words which imiiort tiither a ^^"'''''* "''."•■ want or tailure ot issue ol any person in his litetime, or at the ,,i tn tliiU time of his death or an indelinite failure of his issue, will be ''*'■'•'■• construed to iiuiaii a want or failure; of issue, in the life- time or at the time of the death of such pi'rson, and not an in dolinite tailure of his issue unless a contrary intention appears hy th(! will, hy reason of such jieisoii haviiiif a prior estate tail, or of a prere(|ii|u- j^dft lieiii^-, without any implication arising- from sueh words, a limitation of an estate tail to such person m- i.ssiie or otherwise: hut this Act will not exteml to cases where such words as aforesaid imjiort if no i-^siie descrilied in a preceding' ^ift he horn, or if there h(! no issue who live to attain the a^e, or tikliir. or determinalile, or an estati; or treeliolil is tlierel)y yiven. s. ;}.']. And a devise of real tjstate to a triistee without, any express win n .(.viHe limitation of the estate will pass tin- whole ('.•>tate hoyond what pi><>^fx whole IS reipusite lor the trust, il the lieiioricial interest therein is nhat ri'iiuiKitc not j^iven to any jxu'son for life, or, if so jfiven, the purposes f'"' t'n-'*- of the trust continue beyond such person's life subject to Tlw DevoliUion of Extdtes Act. .s. Jj-l'. Unless a contrary intention ap|)eais by the will, a lapsed LjipsmiI d. vise devise of i(!al estate will b(' included in the residuary divise '^I'l'^'"'"'"^". .... . i. • 1 • I Ml HIT Hidiiary devise. (it any) contained ni such will. s. 27. H 1 40 of I'Ntati-N tail will iiiit la|»-<'. GiftH ti> it' uii (ht) laiuli!. Incapucity abolished. Slioiild the (Icvisi'c (tt an I'statf tail.oiim fstatc in (jiiani «>ii- tail,»li(! in tin; testator's lift-tinin leaving,' inlitritaMo issm* liv- ing; at tln' tiniu nf tin- tt'slator's dcatli, tlic tlcvist? will not lapse, Imt take uHcct as if the devisee had died ininii'diattdy alter the tlealh t»t the testaloi" utde>s a contrary intention ap- pears hy the will, s. .*{;'). And unless a contrary intention appears Ity tho will, if the devisee or le;(atee of any real or j)eisonal estate heinj; a ehild or other issue of the testator should d.e in the hitter's lifetime h'uvinj^ issue livinLj at testator's death, such devise oi' 'iM'(|UCHt will not lapse hut take oU'eet as if tho death of such duviseo or legatee had happeneil iinniediately after the death of tlu' testator, s. ,'{(>. Where any pi r^- n has died since HI Dt'ceniher, IHGfj or hereafter dies .sei/ed of or entitled to an estate or inUtrest in real property eiicnndu'i-ed l»y niortpioe, and such person has not Ity his Will or other doctnuent siu;nilied any other or con- trary intentioti. the lu'ir or devisee to whom such estate dea- C(Mi(ls or is devised, will not be entitled to have the mortjjja^'e (Ud)t dischiiii^ed or satisfieil out of thi- personal estate, or any other real estate of such person, hut such real estate so char<^ed is to he priniai'ily liahle for, and every part thereof according to its value is to hear a itropottionato part of tho mortyaj'e debts chart'ecl on the whole. Tl 10 riif ht of inorttciit ami rninpcilalili' ti» ;;iv»' I'vidt'iic uii tlio trial of any inatttT, i-tf., not licin;,' a ciiiiii', lict'orc aiiM coLiniz- al)li' liy a .lii^tiff, Mayor, ur I'ulicc .Ma;4i>tiati' [ ' Ommty ilu(l;,'t'|, iiihIit any Act nt' tin- Iir;;islatuit' of ( )ntaiio. (>s. 4 and !t) ;{;{ V. c. l;{, s. 4 | Ann'nilol as to linsliands ninl wives by .'{(i \'. c. 10, H. I. anil sit m'c i (2!» Maicli, IS7.'»)|- But i|Ui'sti(ins tending,' to eliminate a witno.s need not lie answiTcd. s. ."). :{.! V. ('. l.'J, s ')( ; 'Mi \. c. !(», s. 'J. in any proceed in;,' iilidei' sec. 14 td' Tin Marnril W'omi'ii's I'rojirrfi/ Arl (e ]'\-J.) liy wile pur.>iun^ unudies fni pri.teetiin and securil}' id' her sepurale prupi I'ty, a hiisiiand or wife wdl he competent to ^dve evidi'ne<' ayaitist each other. •■T \ . c. !!• .s, II. \Sr< Miin'iid W'lniini'n I'mju'if >! Ai't \ The evidence ul a plaintiff in an act inn fm hreach of proi;ise r,vidion '.r hv or aifaiii^t hin.'il ir.s, I'tc, must he eoriohdrated hy soun ollec niateii;il , \ idet;ee. •ss. (i. 10 and I I. :{(; \ e 10 :' s>. (I and 7. :iml I-."! V. •• 10. - M. Allirmnt inns ui' dei'larati'ii v a< hy the -tatiite iirovided, may .VftinnanMii!-, he made or taken in lieu nf oathN in .ill civil actions and |.ro- '''• ceedin--,s. ss. \i. l.-l, 1 I. l.-i. C.S.r.C. e, ;!l>, sv 1 .Miid 'l ; ;j:l V. I'. 14, s. 1 , 4') \' c. 10, s-;. '1 and -V Ihit in all matters, volun- tary and exti-a Judicial, a iledaiatioii has he 'ii positively siih- stituted for oaths since ."17 \'ict. ( KS7 . l N' c Kew ,Stat. ('all. c. 141 as amende 1 hy .'>:{ \'. e. "57 s. 41 (e). .\n I now eoiumissioucrs may take statutoiy (led, irjit ions in all c,ise> ni which the .same may lie taken or vei|uired un lei' 77/' Ihr,,! nt'iini <>/ h'stiih's' .l<7,or under ;inv othei' .\i-t in force ni (>ntaiio. ').'! \'. e. '^2. 7 April, I.SilO. The attention of a witness nnist lie called lo a prior written Kx.'xniiiiatiun statement made hy him, nnd the circumstances of a supposed of witn.'BKeH former oral statement, .suiiiciiMit to designate the particidar occasion, must lie ei*en to a witness lielore contradictory proof tliereof can he offered, and the Judi ;e may reipiiri- t lie proouo- I! |i li ; ) tion of the writiui^- ivferred to. ss. 17, IS. (J.S.ir.(\ c. 'li, .s.s, 210 and iMo. 141 ii! l«f.M,f ,,f DficriulltiiiK M itili'N'a. I'i'Doi' llllll II W illM'NN llH.s IkM'II Ullilty ot '■ r<'ll)tl,\ nr MliMlf- iiifiiDor iiia\ lie ;fiv<'n if' lie ilfsiics it, or m'Tuhoh to atiHwcr. s. I!>. ( .sue (.. 22, H. 211 A |iiiit\ riiiMiut ,tllllii|iV. 20. ('.sue. <• 22, s. 211 l'iil>li<'il, <>tc'.,of tin' I inininiuii nr i>r ( 'iiinrin, pi iiiicil l>y tli<> (^tiicin s |iriiit('i' aii. C.S.C. c .SO. rnitesLs of Protests of hills and iiotes ale jir'nuK fnfii' exiilmceof the allegations and facts contained then^in. s. 'A\. (\SX\ e. .")7, l)illn, (■!( s. 0. A note, memorandum, or certificate of a notary in Ontario or (^)iH'hee, written orsiL,Mied hy him at the hiot of, or emhodiod in any protest, or in a rei;ular reeister of ollicial Acts kept hy him, is piihiii fiicif evidence in Ontario of notice of iion- jicceptancc or non-payment at the lime and in the manner stated in such note, certiticate or memorandum, s. .'iL'. C.S.C. c. o7, s. 7. U:< Ontario Mll)OlVlC(l ki'i-t. by oi uon- mauuer L. C.S.C. Tli(> priiiliiciidii itf pioU'Ht (III any liill m ikiIc iinilti' llir liuuto,, for tlu* iiiM'pnscM of, and in or onriPfrnin^' any AtHilnvit*, caii-si', inattfr nr Hiinj; ili'|ifii'liii;;, or in anywisi- ninrfrniny >iny lit' till- |iriict'i>i|in;;H to lir liml in .iiis cuiirt in (Mitiirio may lir , sworn t", etc, (Hit (if Ont/ario, if lirforca notary pulilic, ccrti tl<'tiiit<'N or t 'ollcetors in l»iiti.->!. po^sesslolls in India; Superior ('miit .liiili,'e nr Clerk of the ('ireiiit ('(»nrt in '(•lleliee ; llic Miiyof nV ('hii I' Mimi^t iMte of iiliy eity. iKPliiliyli, or town corporate, certilied under tlie (•iiiiiiiinii >fi\\ nl siieli city, IxM'ou^li, <»r town corporate. ■^. Mf IW- \' c 1 1, s. 4; K) \'. e. 7, s. .sell. A (!)4); .•)() V. c. M Tlie seal and si^^fiiature to sU'li atlidavit-. etc., need not In.' proved. And any iid'ornial lieadini;, etc , will not invalidate. Hs. .*{.• and :{(i. ;J4 V 14, ss. .1 ami / In iiny Division ('niirt .suit tor a delit (U' diiuaiid, not liein^' .\h rviilencf for tort, and not ('.\cee(lin(' !<2(», tlie iiid-'c, (Hi lieiii<' ,>^atiHtieil '''*"'""' <»t tlieir i^i'iieial coirectnes.s, may receive the |ilaintit!s hooks a.s e\ ideiice, or in case of a dijlenc*! or set ')H', or ol pi ineiit. so far as tlu! ^*anlc I'xtoiid.s to S'20, may n-ceive tlie defendants hooks as evidence, and sndi indite may also re(!eive as evidence the atlidavit or atlirmation of any party or witness in the suit resident without the limits of his county, hut hcfore pro- noiineiiiif iudLjment the judn'c may nipiireany sinh witness «.r any party in a cause to answer upon oath or atlirmation any interro^atdries that may lie tiled in the suit, ['/'/(c hlfiniini ('nil, -Is Arl, HS.O ;/, .s. /;v. (/opies of depositions of witnesses taken on e\aiiiiiiatioii /, before a Judi^i' or e.vaminer appointe(| to take the same, if ceititied under his hand, may he lead in evidence without proof ','itiiin.i. of the si'^naliire '.]7. 4-i V Wills r, (piircd in evidence to cstahlish iIi'vIm's or other testa- mentary dispositions uf nr al/rdiiif/ md, rsfntr may he proved hv prodiicinL;', alter 10 days' notice, the l'l•ollat^^ Letters of Administration, with will annexed, or a copy stam[)id with the SurrojL^atc seal, unless the party notitied ^ives notice within 4 days that he disputes the validitv of such devise, etc, >. ."IN. C.S.lJ.t!. c. Ui, s. :)! ; c. l\2. s. !i ; 4() V. c. 7. sell. A. (iMi). Anil the producticn of the prohate, or a ccititicatc of Majesty's possessions, of tin »•,//.<. Kc'dsti'ar, or Clerk of a Court in anv of Her W' II of a person (lyin lilt of Ontario, sufliciently devisint;- real estate therein, will, after onu month's notice of such intended production, hesutHcieiit i)rima llfKi'liriMl iiittriiiiiciiU. Chii.ti'l l{ t'jfixti r pi'Dtliictioli. hn. 40 uiiil 11 C.S.IKJ. (• .T2, HH II iumI \'1. An ('Xi>iii|)litii'iitioi) or cortilii')! cimy of, iniilci' the liuml nwA Hi'nl of ;i ii'j.'iHtmi, is piiiinl fiirii t'Vnlfliri' mC tin* oii^^iiuil n|' H if^isti'iril itisi niiiiriit (s. 4M) |,S(f uIsM Tlf Uivi/ifrij Aii.v 114, N. 2I| iiiid the |M'ii<|u(>tioii o|' siicli «'\fiii|iliti('Htioii or c!(Ttitit'*l ct ili>'|iiiti's tl.c viilit' hiicIi rcj^istration, and of the dm- ■■M-ciitioii nf tli*> itistniiiu'ht. 44. I V 20. :>:{. |Alsi> IIS.O. c. 1 1 4 s. :)7. n-^ anicndcd \>v rrl V, (, l.'i, tt. '» (ss. :{), I Tin' < 'oimtN rii-rk'srcitiliratf of tlii' n',-istiatioii of a cliattfj niortf^am' will he rt'ot'ived in fvidcncn in all eonrtH of the fat-t that till- in>l niiiiciit was irccivcd am lil.MJ a' ('(iidiii'f to Ml* endorNciiiciit of tin' CU'ik, ImiI of I, dllnrfact (,K.SL». (. 12'), «. ll)\ [Si'f (Miattcl Mortya^if^ aiiil Sales. | An original mstrmiu'iit iirodiicfd in any U-ual piiufc lin > |,y t ti. !>.• Hint 11 ivt'uistrar of |)cii|> or ( ouiity ( oiiit i let U H|io!i u .suii|iii'iiiv will not 1m' dfpo.siti'd or liUd in cottil unless its .;eniiinene>.s i.s nut'stioni'd and tlie jndi^o oidois its rt'teiition, Init iiistea?.tn im oviilcnt'i'. Where lands have iieen suhijivided, and a plan I'leieni' n.^is- teied in pUlSUlllfe of " '/'Ac Art ftn^»d Copies of instruments used in hu.siness and other tran.saetion.s iiiHtiiiimiiis. will he receive(l as jiroof of the ori^dnals, if not olijected to within 4 days after notice t.Mil a- nil iviiis- ■i I/O I'M \ \)\i\n ,-l l.y 11 t^ UH licll It ■>ii V. !!• waa II* Mfttrriul witiH'HHrM on l^'lmir of any pnity t<> ft Huit, ». to ,•'""'•'•' **'^ |M>lltlili;^' Ih'IiHo u fi)l'i>i;{tl trilnitial of i'Miii|M>t«)llt jilt isilirduii, if witliiii tli<> jiiiisiliiitioti of llin lliuli Court or h ('ouuty ('oint .luil^i' ill niitiiiio, limy, liy llu' oii|i«r of mirli ('omt, or .Finl^^i", Ih' coiiiiiclloil to iiM)'iii| for •'xamitiiilioti lirfont ii <'oiiiiiiisHioiii>r ill Oiitiirio ii|i|iitiiitt>il inii|«r foinliict iiiotKn atnl •'Xpi>iiNi'>< Itiit siicli vvitiii'ss itiuy it'lusii to uiiHWi-r i|U<-stioii.s wliicli vvoiilil hu ol)ic('tioii;ili|«< ill H fiiHO liiifol'M HlK'li lii;^'h (Nilirtol' JU'l^r. H. 47 ■ ^7 V (• 10. s 12 [And h«m, H.SO. «• IK) | Kvitjfiici) ami «<\Hiiiiniitioii of wittUHHi's in actions wlit'iriii any pi'i-son it>.Hiil«'nt in (iiiiiit Britain in a party will lio tlu> NUiii<>, anti i,,'iv«)n in tln! Naiiit) mannur, as in otiior actioiiH. h, 48 4') V. c. 10 s. 0. Tlu' t'viflonri' otwfon vendor and •■' Von.lnrii pnii'liiisi'i, undiT K.S.O, c. 112 (Str Vt'tidor and J'lircliaM'r, ''",'^,,|,^,,,, |). l.'H) UpTiniii /Wcif! «!vit|t'rico siiHicicnt f, Ml) V^. c. 21). H. 7. A dispuli'd wrilin;; may In* compared with that provi-d to l»pt|>iiii'«i be mfiiuini', and such vvritinj;, and tin? cvidem f witm-ssi's ""'"^""•l*' ri'spi'ctiiii^ llif same is adiiiissilihi (•vidi-un' of tim ;,'t'nuim'noH« of th.' writing; in dispute, s. :>1. C.S.IK'. c. 22, s. 2IM. Docuiiients usfil in cviik'ncc^ undci- tlu; Statute nm\' Im< li"i'""n'l'nK iinpoundt'd. H. j)2. L-.h. U.U. c. 101, s. 2. A copy of any I'V-law of a cfdiipiiny forimd under T/n' Joint liicorjMiruti'ii StorkCKH arnrnii (,'lniisrs Act (v. I.'.ii.s. |ti)<.i TlxJuhU Stork UyZZ!'X. Co.'s l.rtlrrs I'otriit Art (e. I')?, s. 411), iiiidtT the coinpany's seal, and purportin;^ to he sii^'iiod hy any otlicfr of the com- pany, will l>t; ifCfivcil as prhtui. foc'tc cvidcnci! of tin- l»y-law in all courts in Ontario. And the Li-tttus Patent or Siipiilo- meiitary Ijcttcrs I'utriit tlie'iiiMelves, or any exeinplilieatioii or copy thereof under the ^'leat Huiil, will ho conclusive proof ol overy matter and cluim therein set forth, (c. I.')7, s. (ill). Wolves. Destruction of. ,'-•;{, p. '2'M'J. e. <)•) Woodman's Lien tor Wages Act. rii v. This Act, Jipplicalile to the districts of Al<,foma, Thunder Hay, and iJaitiy llivor (s. 1) <,'iv(,'s to any person [lerforminj,' any li^hour, servici! or st.'rvices in coiineciion with lo^^'s or timlicr in said districts a lien thereon f(U' the amount due in respect thereot ; such lien to have pn-cedence of all other claims or liens, except such as the Orown may have in respect of dues or char^ifes. or which any tiniher slide company or owner of slides anil booms may have thereon in respect of tolls (s. .S,) .subject to the provisions as to filing statements, etc., in .said Act containe(i. 10 U.\.) I < I4(i Workmen's Compensation for Irguries Act. o. 141, p. 121(4, from 49 V. c. 28, hb amended by r)2 V. c. 23, 2:1 March, 1889. When work Where personal injury is caused U) a workman he, or in olttim futumt C'^'^o the injury results in death, his legal personal representa- eiiiployer. tives, and any persons entitled in case of death, have the same right of compensation and remedies against the employer, as if he had not been a workman of, nor in the service of the employoi, nor engaged in his work, in all cases where the per- sonal injury was caused by reason of (1) Any defect in the condition or arrangement of the ways, works, machinery, plant, buildings or premi- ses, connected with, intended for, or used in the business of the employer, s. '.]. 52 V. c. 2li, s. 3. Provided such defect arose from or had not been discovered or remedied owing to the negligence of the employer, or of some person entrusted by him with the duty of seeing that the condition or ar- rangement of the ways, works, machinery, plant, buildings or premises, are proper, e. 141,s. 5. 52 V. c. 28, s. S ; or, (2) The negligence of any person in the employer's ser- vice who has any superintendence entrusted to him whilst in the exercise of such superintendence, c. 141,.s. 3. (3) The negligence of any person in the employer's service to whose orders or directions the workman at the time of the injury was bound to conforu) and did conform, where such injury resulted fiom his hav- ing so conformed, c. 141, s. 3 ; or, (4) The act or omission of any person in the employer's service done or made in obedience to the rules or by-laws of the employer, or in obedience to particu- lar instructions given by the employer, or by any person delegated with the authority of the em- ployer in that behalf, c. Ill, s. 3." 52 V. c. 23, s. 4. Provided the injury result from some impropri- ety or defect in the rules, by-laws or instructions therein mentioned ; and the rule or by-law has not been approved or has not been accepted as a proper rule or by-law, either by the Lieutenant-Governor in Council, or under and pursuant to any provision in that behalf of any Act of the Legislature of On- tario, or of the Parliament of Canada, c. 141, s. 6 ; or, (5) The negligence of any person in the employer's service who has the charge or control of any points, signal, 147 " Kiiiploycr, iiitMnin^ of. locoiiiotivo, ongiiie, iiinchine, o»' train npon a rail- way, tramway, *n- street railway. c. 141, s. 'J. 52 v. c. 2.S. s. '). But a workirian will not lie so entitled in any case where he knew of" the defi'ct or nej^lif^onee which caused his injury, and failed without reasonahle excuse to jiive or cause to he "riven within a reasonahie time, information thercfof to the employer, or some person superioj to himself in t\vi employer's sei'vice, unles he was aware that the employer or such superior already knew of the said defect or negligence, c. 141, s. 5. Tii V. e. 2M, s. 9. A workman, however, will not he deemed to have volun- K«>"wledkfH of tarily uieurred the risk trom the meie tact or Ins continuing; ,,f, ill the employment of the employer with knowledge of the de- fect, negligence, act or omission which caused his injury. u2 V. c. -in, s. 7. The ex))re.ssion "superintendence," unless a contrary inten- "s,i,,erinten- tion appears, means such general superintendence ovtr work- ••'■nw*," mean- men as is exercised by a foi'eman, or a per.son in a like position '"" " ' to a foreman, whether the per.son exercising superintendence is or is not ordinarily engaged in manual labour. .')2 V. c. 2;S, s. 1. The expre.ssion " employer," unless a contrary intention ap- p(fars, inchides a body of persons corporate or unincorporate, and also the legal personal repre.sentatives of a ';. 1 i :l "Packing." meaning of. 2. Tins spiico Itctwcen thu rails in any railway ho^, ex- toii(liji;ij[ t'loin tlie point of hucIi (roir hai^kwaid to whojo the heads (>f.siicli nnlsan; not less tluiri five indies apart, not beinj^ filled in with packin "(r The amount of coinpen.salion rocovi'iaMts tiiulcr this Act* Limit of limitt'd to a sum (Miuivalciit to the; {•stimated L'arniti<'s durin'' «•"">'«» <>'. the three years preceiliuj^ tlie nijmy or a pci.stiti in tht- same grade employed durinjj tliose years in tlie lii computation of time. s. 14. As to forms and rules governing procedure (s. 15) and as to the distribution of compensation among relatives, s. 14. 52 V. c. 23. Written promises and acknov^ledgments of liability, c. 123 p. ll9o. Every acknowledgment or promise must be in writing signed by the party chargeable, or by his agent duly autho- rized, to take the case out of the Statute of Limitations 21 , James I c. 16 respecting actions. [Agent included by 26 V. c. 45 8. 8 12 May, 1863] (a) Of account, and upon the case, other than such accounts as concern the trade of merchandize between merchant and merchant, their factors or servants. (6) On simple contract, or of debt grounded upon any lending or contract without specialty, and (c) Of debt for arrearages of rent. s. 1 C.S.U.C. e 44 s. 2 ; But in the case of joint contractors, no one of them, his executor or administrator, will lose the benefit of said Act by reason only of any written acknowledgment or promise, or payment of atiy principal or interest made by any other or others of them. A plaintiff may therefore be barred as to one or more such joint contractors, but not as to all. ss. 2 and 3. C.S.U.C. c. 44 ss. 3 and 4. The endorsement or memorandum merely upon any note bill or other writing, made by or on behalf of the party receiv- ing payment, is not sufficient proof of the payment .so as to prevent a bar under said Statute of King James. And said Act and this Act both apply to claims by way of set-off ss. 4 and 5. C.S.U.C. c. 44 ss. 7 and 8 ; No action can be maintained whereby to charge any person upon any pntniise made after full age to pay a debt contract- ed during infancy, or a ratification of such promise or contract made after full age, unless same made in writing signed by the party to be charged [C.S.U.C c. 44 s. 9], or his agent duly authorised. [26 V. c. 45 s. 8.] s. 6 Repreaenta- And no action Can be brought whereby to charge any credk*etc! person with having misrepresented the character, conduct credit, etc., of any other person who obtained money, goods or Joint uon trac- tors or pxecutorH. Endorsement on notes etc. Ratiticiition of infant's promise. credit by leaHon thereof, if the representation was not made in writing signed by Huch person to be charged therewith, h. 7. O.S.U.C. c. 44 8. 10. A written pronuse to answer for the debt etc., of another, ConHideration will not be deemed invalid to support an action by reason only [[^'anHwerTor* that the consideration for the promise does not appear in another'i writing or by necessary inference from a written document. '^**^*^ •*"• s. 8. 2G V. c. 46 8. 1, 12 May, 1868. Sec. 17 of the Act 29 Car. IF. c. 3, extends to all contracts A<:t29p»r, for the sale of goods of the value of $40 and upwards not- "^;^'"o withstanding that a future delivery of the goods may be certain aaiei. intended, or that they are not then made or ready for delivery, s. 9. C.S.U.C c. 44 s. 11. [See Appendix for Stat, of Frauds. N.B. — To the foot note under Dower where cases of re Hague 14 O.R. 660, and re Croskery 16 O.R. 2U7 are cited, add. " But see judgment of Street, J. in Pratt v. Bunnell, 21 O.R. 1. APPENDIX. CONTAINS. PAQR. Notes on Current Legislation 163 Table for facilitating reference to Acts of Parliaments 155 Distress— Law of, from English Statutes 156 Frauds, Statute of 158 Fraudulent Oonveyances — 13 Eliz. c. 5; 27 Eliz. c. 4 160-162 Mortmain, Statutes of (English and Provincial).. 163-164 Settled Estates Act, 19 & 20 V. c. 120. 21 and 22 V. c. 77, and 27 and 28 V. c. 45 166 Dominion Bills & Pro. Notes Act (with index.). . 177 ir.a ii NOTES ON CURRENT LEGISLATION. This work was too Cur adviinced to iiu-lude in the Inilox propiT rofor- cnci! to the original aiul niiKMuiin;^ Actn of tho session, 5.> Vict. (IS!)2). 'I'lie t'oUow iiij^ nil! >iiii(>n<^ the important Acts pa-^sed, vvhicli would other- wise have lM((n iaehideil and particularly relerred to under the proper subjects in this work. Assignments and Preferences by Insolvent Persons. Under an Act to further amend the law resprctin;;, it is providi'il that where the word "creditor" occurs in the !)th line of siili-scc. 2 of c. 12* ll.S.O., as amended by 54 Vict. c. 20, an tlu-reliy made valid as against oerHonH who bf o'anie crt'ditors, or purchasorn, or mortgagees before .such taking of possession, s, 4. Where rn» ichandize is sold to a trader or person for the purpose of ro-salo by him in the course of business, under an agreenicnt that the possession, but not the aKsolute ownership, shall pass until certain con- siderations satisfied, such provision as to ownership will be void a.s against creditors, mortgagees or purchasers, unless (I) the agreement is in writing, signed by the parties thereto or their agents, and (2) unle.ss such writing is tiled within five days of the delivery or pos.session of any of the goods. But such agreement, thougli signed and tiled, is not to affect purchases from the trader or person aforesaid in the usual course of his busines.s. s. 5. Nor will the amending Act affect certain marked ntanufactured goods, nor those where the receipt note, etc , is tiled under the provisions of the Act respecting conditional sales of chattels, s. dM frauduentl} removed, etc. Proseoution for fraudulent removal. When diatresx wrongful. ir,« DISTRESS FOR RENT. A very iinciont ri'int'dy, wliicli a lamlloni is privilegolf, or liy liis bailifi, to si-lt'ct, an ]itil)lic pound, or if there is no piililic pound, to .some .safe place; if i/oor/w ai'e distrained, Ity collei;tin;f tliein toj^ethor on the demi.secl premises (I I (leo. 2. c. 10 h. lOj and " pnttin}^ a man in pcj.ssession " (that is leavinj^ a man on the premises to look aftei- them), or removiii;,' thom to a place for safe kciejiing. Ho will next make an inventory of the n;oods taken, and servo it with a " notico of distre.s.s," etc., upon tlie tenant. On tho expiration of tho time within which the tenant is entitled to replevy' (that is o days) ho will remove the floods and have thoni apprai.sod iind sold. 2 \Vm. and M. c. ■'> s. 2. If there is any balance after tho claim for rent, and the costs of tho distress, etc., have been satisfied, it will l»e paid over to tho tenant. If the sale docs not produce sutHcient to .satisfy tho arrears, a second distress (where cattle is distrained may be put in; proviiied that there wore not sufficient goods on the premises which could have been taken on the first distress, hail tho dis- trainor thought proper). [17 Carl. 2 c 7 s. 4.] When goods liave been fraudulently removed by the tenant to avoid a di.stress, the landlord may follow and distrain them wherever found, within 3(i days of such removal,* provided tho goods have not been sold to a bona fide purchaser. [8 Ann. c. 14.S. 2; 11 Geo. 2 c. I'J .s. 1] NoTK.— And where (foods not exceeding the value of £50, shall have been frHudnlently or claiideptinely conveyed away or carried off to prevent the landlord or lessor from diHtrainin^ the same, the landlord can prouecute the offending party or paities before two Justices of the Peace, who may order the party or parties found guilty *^o pay double the value of the goods, etc. [11 Geo. 2 c. 19 s 4.] A Distress will he Wrongful. 1. If no rent is duo, and the goods have been sold. NoTB.— In this case i he landlord is liable to an action for double the value of the goods distrained and sold and plaintiff's full costs of suit. [2 Wm, and M. c. 5 3.5.] * But not if tenant's interest in the demised premixes has come to an end and he is no longer in poHi^ession (Jray v. Slait 112 B. Div. 668, and the removal must have taken place after the rent became due, and must have been secret, and not open and in the face of day. 3 Eap. Rep. 16. •»< 2. VVIuTf tilt' .listrt'H.H is iinri«iisnrmM(« or oxct'.sNiv»v [.Ti lit my ;{ c. 4, Stat, of Maill.ri('>,'o,] a. Wluro iiiailu ill the Kin^r'n lii,^r)nvny or in tho coriiinon Hti'uet. l:)2 lltriiy A c. l.Vl 4. Wh«M-t' tli(! chattfls taken nro ImmusIs which ni-olit tho lainl, providi'.j that othor liistiVHs can Im- found Huflii'itut. [.'.I Henry .'J c. 4. J 6 Where the chattoU taken are th(! nimU of an arnhasHa- ilor. [7 Ann. c. 12 «. y.J J' . r iifi h 1! : p i»i»' 'i \: STATUTE OF FRAUDS. All Arf tor I'rri'fnllon ofFviiiiiiminil I'friarit'M. JlfCnrl. Il.c.-K iwi icimm For pn^vi-ntioii ui mimy frHti)liil«>nt pnicticuN, which am "rr<.|".V.|'"imli' '!'»i»"">i>ly «'nil('avoiirnl ti) 1h' ii|>Im>Ii| \)\ iK-ijiirv iitnl suhordiiia- li»vi. (Ill- fuicf tioii of pt'ijury, lie it, I'MHctiil l»v tilt! Kiiiu": iif Kfilti.- ;lt \\, willimlv. •" illy's \\\\}SI •■\C(>||f||t l(i|t'sty, liy Mini with the lulvicf .hdI ronsfiit of llic [jonl'H s|iiritual and tciiipnnil, and tlif ('oMiiiions in this pri-Nunt I'ai'lia* iiH'nt nsMciiiltlfd, and l»y tin- antliorily (d the -^nuw, that, ('k»iu and ai't)'!' tli<' tour and twentieth day nl' .liint>, whicli .shall l)U in tin- year of our LonI, oin* thousand, si\ hniidnM) Mt3V<>nty and Miivcn, all lenses, tstatt's, inti'D'stN of firrhold, oi terms of yi'ars, or any nncrrtain interest, id, in, to or out of any nios- siui^rt>.s, manors, laiuh, tcni-ments or lierrdituments, mado or crtjatcd liy livery iitid soisin oidy, or hy parol and not put in writin;,', and si^'ned iiy the parties so making,' or creatini,' '■''O saino, or thi-ir a^'t-ntH thereunto lawfully authorized l>y writing, shall have the foire and eM"elil or Huri'tni()('i')'rt>ditanients, shall at any time after the said four and twisntieth ltr(>ii;{hf. or nunv iiki'iiinraixliiiii or note tlo'ivof, hIhiII III) ill writiti;( innl Mi;»n«>y tin- piiity l'> '»»' «*lnii';,'i'il tlnTt-witli. or HuiiH' otlxT |)i'i-snii tlitM'i'Miito liy liiiii iHwIully aiitlion/cil. W'll Aiwl 111' it I'lutlu'r I'liiictml hy lhi» uutliority nfor.Muiil, (•,,„iri».uf.»r tliat from iiiiii ut'ter tin* sulil four aii> aliowiil to \w ;r I, (>xct>pt tlif Itiiyor sliiill accept, p:irt ot tlio ^oi»i|<« so Mojil, Hiiil iictiiilly rcci'iv)' the h inie, or ;{iv<< soiiiclliin;; in i'lirricst lo liiinl the hinvuiii. nr in part of puyiiieiit, or that I'oiite note or iiieiiioratnluiii ill \vritiii;,(of the saiil har^'aiii Imi tiiade ami Ni^^ticil hy the parties to l») eliar^e^l hy hiicIi contract, or their a'^eiitn thereiiiiti) lawliilly aiitliori/.u*l, [Sif Written I'roiui^es, etc, e I2:i s I> fXtelidili^ powers of Act to executory euiitiaets. ) n ! m I ^ f '^^ '. CO FBADULENT CONVEYANCFS. m If All fradiilent giftM, etc., to hinder and dffraud An Act ndp"-aiion j^y^^ made, conveyed or assured, which estate or interest is or wi'th<.ut*notice shall be upon good consideration and bona fide lawfully con- tif fraud. — * Now 8ubject to and to be read with R.S.O. c. 124, " An Act respficting A«. signments and Preferences, etc." and amending Acts, and aUo to R.S.O. c. Sl6. " An Act re8|)ecting Voluntary and Fraudulent Conveyancea.' I()l y the feotf- latula, ly of i and ami a* I or that to f'V shall that ad- tions, iriots, ulent be in cleai- tence other con- tent - ds or • to Vie is or con- SI6. veycd nr a.s.surt'd Id any pt'isoii or persons or bodies politic or corporate not havinj^ at the time ot" siicli eonveyanee or assu- rance to theuj made, any manner ol' notiiio or kiiowled;j;e (A' such covin, fraud or collusion as is aforesaid, any tiling' before UHMitioiK'*! to the contrary hereof notwithstandiiii;. An Act Ayahint Covinous and Fi'oadulent (Joiirfii/ttnci's. Forasmuch as not only tliu Queen's most excellent Majesty, but also divers of Her Hiifhness's good and lovin;j s»d>jects, and bodies politic and corporatc,after conveyances obtained or to be olitaiiu'd, ann*' ,. 1 II 1 sunspqiwnt rity or this present parliament, that all and every conve>'ance, hinut ndf ''rant, charije lease, estate, incumbrance and limitation (tf use '■'■'"■*'•''■« f'"" or uses or in or out ot any lands, tenements or other heredi- sidi-ration. taments whatsoever, had or made any time heretofore since the beginning of the Queen's Majesty's reign that now is, or i.tany time liereafter to be had or made, for the intent and of purpose to defraud and deceive such person or persons, bodies, politic or corp )rate, as hdve purchased or shall afterwards purchase in fee simple fee tail for life, lives or years, the same lands, tenements and hereditaments : or any part or parcel thereof so formerly conveyed, granted, leased, charged, incum- V)ered, or limited in use or to defraud and deceive such as have or shall purchase any rent, proKt or commodity in or out of the same, or any part thereof, shall be deemed and taken only as against that person and persons, bodies politic and corporate, his and their heirs, successors, executors, administrators and assigns, and against all and every other person and persons lawfully having or claiming by, from or under them, or any of them, which have purchased or shall hereafter so purchase, for money or other good consideration the same lands, tenements • Now subject to and to be read with R. S, O. c. !»6. " An Act respecting Voluntary and Fraudulent conveyances." 11 (.1.1.) ]r.2 or hercditaiiients, or any j)art or parcel tliert'of, oi- any rent, profit or conunodity in or out of tin; saiui;, to bo titterly void, irustrati', and of non»? ett"ect ; any protencc;, colour, feij^'ned con- sideration or ex|»ro.ssing of any uso onuses to the contraiy not- witlistandinj^. IV. Pr(»vi, griint, is of, in, •retofore lie upon or pt'r- ionoJ to ' saitit haconv itintliciiiihU'," U Ueo II c. ■Hi* Wlier^'as gifts or alii-nations of lands, tenenients or hert'dita- niejits in mortmain, art' proiiihitcd or rt'straint'd liy Ma^iia , Chiirba and divers others whoh^^ome laws, as prejudicial to and agaijist the (tommon ntilit}'; nevertheless, this public mischief has of late greatly increased, by many large and improvident alienations or di.spositioii.s nuide liy languisliiiig or dying persons, or by other persons, to uses called rlmrildhlf uxcs, to take |)lace after their deaths, to the dislierision of their lawful heirs l>e it therefore enactetl. I. That from and after the 24th day of June, 173(), no No land .r manors, lands, tenements, rents, advowsons, or other heredita- ^^^-i '"""'"y '" ',.',', be laid nut 111 nuMits, corporeal or niorporeal, wiuitsoover, nor any sum or land to \<*- sums of uu)nev, yoods, chattels, stocks in the i)ul»lic fuiuls, t*'^*'" '',', securituis tor money, or any other personal estate wliatsoever, iih»'h exdi.t to he Idlil out or (t'lKooxcd of in llo; piirclKisc, dJ' o n // la iitl,s,^>y^^'''''^''^^*'"^^' ti'iieiinnits or ln'rt'ditdotents, shall be given granted, aliened, limited, released, transferred, assigned, or a])p()iiited, or any ways convtiyed or settled to or upon f^ny |)erson or persons bodies politic or corporate or otherwise, f<>r any estate or interest whatsoever, or anyways charged or encumlx-red by any person or persons whatsoevei', in trust or for the benefit of any charitable uses whatsoever anlcs.-^ such gift, convey- ance, appointment or settlement of any such lands, tenements or hereditaments, sum or sums of money, or personal estate (other than stocks in the public funds), be and be mants or hcrcditainonts or any transfer of any stock to Im' inndc n.'ally and hona, I'uh' for a full and valuable i'(»nsidt'ration a(;tually paiti at or l)ufon^ the n)akin<; siu'h (•onv«'yani'(' or transfer, without fraud or collusion. III. And he it fuither enacted that all j,'il'ts, ;^rauts, conveyances, appointments, assurances, transfers and set- tlements whatsoever, of afiy lands, tenements or other hereilitaments, or of any estate or interest therein, or of any charge or encumbrance att'ectinj; or to aH'ect any lands, tenements or hereditaments or of any stock, money, ;joods, chattels or other personal estate, or securities foi money, to be laid out or dispo.sed of in the ])urchase of any lands, tenements or hereditaments, or of any estate or interest there- in, or of any charge or incumbranc«! aft'ectinji,' or to etlect the name, to or in trust for any charitaltle uses whatsoever, which shall at any time from and after the .said twenty-fourtli day of June M'M'), bo made in any other ujanneror form than by this Act is directed and appointed, shall bn al»solutely, and to all intents and purpo.ses null and void. "An Art lit iiiiii'uil tilt' liiir relnJiinf /<> Mtirtnutui n ml Chariliilih' lines. Ont. Act '>'> V.c .'o {From •'-; Short titU. I . This Act mav be cited as " The Mortiiuiin und ('huritable Ui^f's ArtJSO.'r Ai.plicatioiu.f »4 ,So far as this Act applies to wills, the -ame sliall «»nly ap])lv to will of testatois dyinif after the passing; of this Act.' "Land." meaning of. li " Land " in this Act shall include tenements and here- ditaments, corporeal and incor])oreal, of any tenui'e; but not monej' .securecl on land oi- other per.sonal estate arising from' or conuectcd with land. Land deviHed to charity to bf Hold. 4. Land uu\y be devised liy will to or for the benefit of any charitable use, but, except as hereinafter provided, such land .shall, notwithstanding anything in the will contained to the contrary, be sold within tvvo years from the d<>ath of the testator, or such extended period as n»ay be determined liy the High Court or a Judge thereof in chambers. fc ;i Where land ^ gg gQOu as the time limited for the sale of any land Bold after ex under any such devi.se shall have expired without the comple- pirationof tj^n ^f the Sale of the land, the land shall vest forth- two years. I! mil itable here- )iit not from' netit of h\, such ined to of the incd hy with in tht! Accouiitaiit dI" tlio Supii'iiii- (^utirt (tf .fudicatun! for ( )ntaii<) ; ami tht; Hi^di ( 'ourt >hnli canso the sjiiiii' to he sold, DT th(! salt' CDiiiplctfd (us the case may Im;) with all r»«iHi)iwiltl«j spi't'cl liy the udiiiiMistriin;^ tniHtt'cs for the timi! Iicinj,' lli(!roor ; aixi Fur thin puijiosc may ii.ako ordors dirt'ctin^ .such tnisb't'.s to proctM d with the sale or coinph^tioii of the sidt; of siicli land, or rcmovim^' siicli tnist*'OS and appointiii;^; uthtrs, and may provide l»y any such order or otiierwise for the payment of the proceeds of the sale to tho said trustees in trust for the chai'ity, atnl for the payment of tlic costs and expt-nses incurred it}- the said trustees or otiier- wise in oi* contn'cted with such sale and proceedinj^s. O. Any personal estate Ity will direetefl to he laid out in iVrsonal the |)urcha>e of land to or for tht; henelit of any charitahh; •"'•"♦♦v'''".*'' "!'' I o i. I • I'i • I I 1 1 1 1 1 f ^1 ti> li»^ lai m Jnhi /SC/,). By 19 and '10 V. After ncitin*,' tliat it is DXpctlicnt that tho ('ourt of ClianciTy should liavt- power in certain rases to authorise leases and sales of settled estates where it slinll deem that sueh leases or sales would l»e proper and consistent with n due ret^ard for the interests of all parties tMititled under tho sotth'inent ; antl it is als(» expedient that persons in possession of land for certain limited interests sliould have power to grant agrieultuial or occupation leaseH thereof, at rack rent for a reasonahlo period ; It is enacted as follows : The wonl "setll(>meut'" as usisd in this Act shall si;^'nify any Act of l^irliament, deed, ayreoment, copy of Court roll, will or other instrument, or any number of such instrinnents, under or by virt\»e of which any liereditaments of any tenure or any estates oi- interests in any such hereditaments stand limited to or in trust for any persons, by way of succession, including any such instruments, atlectini^ the estates of any one or more of such persons exclusively ; and the term "settled estates"^ as used in this Act, shall sii(nify all lierehall Ite deemed to i)e estates coiiiiuir to such settlor or heir under or by virtue of the settlement. 21 and 22 V. c. 77 s. 1. The said court in tletermininj^' what are .settled estates with- in the .said Act, 11) and 20 V., shall be ^'overnetl l)y the state of facts and I >y the trusts or limitations of the settlement at the time of the said .settlement taking effect. 27 and 2!S \'. c. 45 8. a. It .shall be lawful for the Court of Chancery in Kngliind, so far as relates to estates in England, if it shall deem it proper and consistent with a due reganl for the interests of all parties entitled under the settlement, and subject to the provisions and restrictions in tliis Act contained, to authorise leases of any .settled estates, or of any rights or privileges over or affecting *Sff Judicature Act R.S.O. c. 44 h. 32. *'LeaBe» and Sales of Settled Kbtates." Hn also 53 \'. c. 14, noted under 107 i to witli- .stato ■nt at V. c. any Hcttlfd estates, for any itnrpose wliatsitever, whether involving wante or not, provitlin;; thi; following coiulitions he olwerved ; First, every Hiu^h leas: sliall l)e made to take effect in pos- session at or within one year ne\t after the making thereof, and shall lie for a term of years -jot exceetlinn^. i'nr an ajricnl- tural oi' occupation lease, 21 ye us, for a mining,' lease, or lease of water, watfM'-inills, way-leaves water-leaves, or other rii,'hts or easements, 40 years, and lor a Imildin;; lease, 1'!) years, or where the <'iiurtshall he satistieil that it is the usual eiistoni of th(! district, and heneticial to the inheritance to ;;rant hiiild- in^' leases for !oii;,'er terms, then for such tertn as the I'ourt uliall ditfct. Sccouillif, on e\ ery such lease shall he reserved the liest rent, or reservation in the nature of rent, either uniform or not, that can he reasonahly ohtained, to he maile payahh? half- y(!arly or oftener, without takiiij^ any line or other henefit in the naturt! of a fine. Tliii'dhi, where the lease is of any earth, coal, stoiie, (jr mineral, a certain portion of the wlude rent or payment reservetl shall ht; from time to time set aside and inve>te(| as hereiiuiftiT mentioned , namely, when and so lon;^ as the person for the time heinj^; entitled to the receipt ofsucli rent is a pei'son who hv reason of his estate, or hv . wlvw of anv declaration in the settlement, is entitled to work such earth, coal, stone or mineral, for his own henelit, one-fourth part of such rent, and (Otherwise three-fourth parts thereof; and in every stieh least! s\jtlicient provision shall he mai.'Ct til CITtAitl ciitiilitinni Tikki' t'tftict ill iMiHDCNxion Ti'iiii ricit t" t'xcei'd 21 yiiatH MiniiiK \i'fnufn • tc, to yi'tkff lliiilding IcuHHs !Mt yam HfHt rent t« 1m' n-HtTved |j!kyiilil>< ', ycikrly i»r iiftcniT I'liKifiiiiii tor iiivt-Mtiii); rent nr jiurt wliori' It'Hsi* of unal Htont' or iiiincralM Xii trt'i'H ti fi'lleil. Lfase to If Ijy ilttilimii lnMS«'f to KtKU Colli)' terpart. liuildiii),' li'BM to iiicliuii- If I lairing lease. l\)Wfrn to authoriite IcaHcH uniler tlie Ant deem- ed to include I towers to the lordBot settled manors, etc. I 108 ii'-' I,:' !:- 'Mi ■ I -• .*,.■ til tandiii^r ti'im lilHHcnlitd liy l>iiili|in»( li'jm n f.O ii|i|ily In all other IfnM-n, «tc, LfttNt'M tn inli tain ciivi'Maiilx ftc, UN ( 'unit *llull (||-I''||I i'\ jMtJiciit. \V| If [1 It I'ur till' siiiiif pni|n»st's ns It'a.scs niav l»t' imtliorix'"! or i^mnted of tVft'lioM lit'ii'ilitiiiiii'itts iiri Htiiil Act nml this Act. '2\ a IK I '-'2 V.c. 77, s, :\. 'I'lic power ;;ivcii to the ( 'ourt l»y tlic 2iiil section of the said Act ( l!» mIkI 'iO, V.c. I'JO) to i'\t<'liiiililiiiM leases, wlitMe it shall he sati>tie)| tiiat it is the us- ual ciistoiii of t)ie ilistiiit. ami lieiielieial to the inheritance, to j^raiit hiiililiii;,' leases for lon;ier terms, shnll he extemleil aii*l IilMV I Xeicised with respect to (ill the other leases in the Slime section nieiitiolied, e.xrept ii;f| icill 1 11 Ifi 1 lenses, provided th(^ Court shall lie satistied that it is tlie usual custoiii of the district and iteneticidl to the inheiitance to i^iant such lenses l"(U' lon;;er terms. 21 and 22 \'. c. 77, s. 4. Siiliject and ill "ddition to the conditions hereiiihelort! men- tioned, ever}' such leiise shall contain siicti coveiinnts, condi- tions and stipulations as the Court shall deem expedient witli reference to the special circumstances of the demise. I!> and •JO V.c. 12(),.s. ;{. Till' p. The power to authorise leases conferred hy this Act may he exercised hy the Court, either hy approvin«rof particular leases, or hy orderinj^ that powers of leasini^, in conformity with the provisions of this Act, shall he vestied in trustees in manner hereinafter mentioned. 1!J and 20 V. c. 120, s. 7. Onappiioati-.n When application is niatle to the Court, either to approve of for excrcine of j^ particular lease, or to vest any powers of leasin'' in trustees, evidence to b.^ the Court shall rcfpnre the applicant to produce such evidence i>roduced. ^g jt sliall deem suHicient to enahle it to a.scertain the nature, value and circumstances of the estate, and the t'M'iiis and con- ditions on which leases thereof ouijht to be authorised. 19 and 20V.C. 120, s. 8. of hfllli ij ei4tiit<' iiiity !»' lt*aHed. LeaHPK may !»• SMiri'ddiTiMl, And new leuHCH BUtiiiir- i«eil. WliBther ill purHiiHiuv cii thi.i Act >rK authorisPd may ho e\fi- cisi'd. ' 'I 160 ■^ ox- .'e of tees, ence tare, con- and WIh'X IV pint ieuliir Inisr ki- CMiitmct for a Ii'unc Iwih Ii«tii up- ''..nri will l»nt\cil l.v II Court, till- Ciiint slmll iliifci wliiit ihtskm of pt-r- '•" t who to III 1 I 111 L t'VM'lltl' l>-||ltl' sons mIiiiII I'Xi't'iitu till- siiiilf liH It'ssor ; iiiim tlif Ii-iIn'- or coiitrilft , , (•..iitiiut (ir oxfciiti'il liv siit'li person or persons sliail take elVect ill all re- '< """•'. ••ti"- Hpects IIS if 111- or llii-y wns or wre at the time ol' the i\e(!iition tlieivof iitisolillely elitit leil to tlie wliole eitllte or illtinst wliicll U lioutiil liy the M-tth'iiieiit. and had iiiiineiliatel y afterwards Hctth'il th<' same acionliiii,' to the setth'tneiit, and sous to oper- ate (if iiece-sarv) hy way of revocation and appttintiiient of the nsi>, or otherwise, as the ( 'oiirt shall direct. I',' and -i) V. c. 1 20. s. !>. Where the ('oiirt shall deem it, expetlieiil that any UeniTuI N\ li'n <'"iirt powers (tf leiisin;;' any settled estates conformaMy to this Act i,,,,,',',,^ j^,.,„,j. should lie vested in trustees, it may liy oi-iler vest any such »i p, '*»"•••'' of power accordin;,'ly, either in the existini; trustees of the settle- *""*'">'•''**'• nient or in any other ])ersons ; ami such powers when exercised by such trustees, shall takeellect in all respects as if the powei' so V(!sted in them had heeii oriLfinally contained in the settle- ment, and so as to opei-ate (if necessary) hy way of revocation and appointment of the use, or otherwise, as tlie (!oiirt shall y the said th.' iiVis.-s t.) Court or a Jiidi^e thereof, orlie made coidorniahh- with a nioilel '',' "''"'•■'• ^y lease deposited in the .Jud;,'e's chamhers. save only in aiiycu.se in which the jiarties applying' for the order may desire to have Savn wti^re any such condition inserted, or in which it shull .iMiiear to the i""ti'"' iii'i>ly- Court tiiat there is souw special reason rt'Udi'nni; tlie insertion »,, ({..sin-. of simli a condition necessary or expedient. 27 and 2S \^ c. 4o, s. 1. , In all cases of orders already made in pui>:urance of the said n .ininniade 10th .section in whichanysucli eonditionas aforesaid has heenin- y^}' '*"^'' '^""• serted, it shall he lawful for any paitv interested to apply to !,,', ,','|,,',ii,;a't'ion the Court to alter and amend such order, hy strikin<,' out such b.iiiii.iwl<«l by condition, and the Court should have full power to alter the tl" ('"miiti.m. same accordini.f|y, and the order so altered sh.ill have the same validity as if it had oriL;inally lieen made in its altered stale ; but nothing- herein contained shall make it oliliixatory on the Court to act under this clause in any ca.se in which from the evidence which was before it when the order .sou flit to be al- tered was made, or from any other evidence, it sin II apjiear to the C/Ourt that there is any special reason why in the ease in question such a condition is necessary or expedient. 27 and 28 V. c. 45, s. 2. |i 170 f Salt. Court iif It IihII III- lauliil tor till' Court of < hiinctiv in Kii;{luii«l, if ,,. it mIihII (It'iiii it indiicr ami crui istdit w itii u ilui' H'i'ui autlioiixc xKiii iMtri'cst 1 III Jill |>arti('H fiititlnl uiiilir the si'ttlt'inont, iukI nuIi- t lieini; ornamental timlier) ^^'Hiwin;,' on any settled estates, and every such sak- Hliall he conducted and roiitirnied in the samo manner as hy the rules and |iractieit of the Court for the titnehein^ is or shall ho reijuired in the sale of lands sold utnter a decree of the Court. l!)and 20 V, e 1 !»(), v II. When any land issoM foi- liiiildiiiL,' pin poses it shall he law- Jmi'Mi'riKi'.iir '"' '<"' ^'"' Colli t, if it shall see tit, to allow the whole or any powK, t.ihHKic part of the consideration tt> he a rent issiiiiiir out of such land, »\Vnt "T/''' ^vhich may ho secured and settleil in such manner as the Court shall a|.pr'ove. 1!» and '20 V. c. I20,s. 12. Certiiin cxt.-ii On any sale of laiul, any earth, coal, stone (ir mineral may V/IVM'".',' 7 .V he excepted, and Ruv rights or privilej^fes may ho reserved, and Iw iimdi' ri' the puiiliiiNer )iwiy he rei|uired to enter into any covenants, or diK-ctiiiK ("III, j<„|,|,|i( to any restrictions, which the Court may deem advis< Htnn.- nr 1 I »; 1.) minurnl. alile. /''. s. Id. Stmts, rtr. It shall 1h' lawful for the Court of Chancery in Kii;,dand, if it f!(iiirtof('iiiiii shall deem it proper and consistent with a due re«,'ard for tlio aii't'Iinrim' interests of all parties entitled under the settlement, ane (Imiied advisalije. /h, s. 1+. Court iiiiiy direct wlio ti vt'yaiKi'. t'tc. On every .sale or detlicatiou t(» he etfeeted hereinhefore nun- tioned, the C'ourt may direct what person or persons shall ext'Ciite the deed of conv<'yance, and the deed executed hv such person oi persons shall take etlect as if the settlemejit hud contained a power enahliiit^ such per.son or persons to cHict such sale or dedication, and .so as to operate tif neces- sary) hy way of revocation and ap[)ointiiient of the use ur othi'rwise as the Court shall direct. Ih. s. 1."). Tpnant fur Any person entitled to the posse.s.sion or to the receipt of yeanj. lif''. 'tt-. ^||^. ^.^,^^l^ ^^^■^^\ profits of any settled estates for a term of vear.'j entitlwt to • 1 1 ' 1 • 1 ii !• i. L L- i-i- poowH^'ion determinalile on his deatli, oi' tor an estate tor lite or any mayiipplv ^'J'' irreater estate, may ai^ply to the Court, hy petition in a sum- jiowerHof tliis uiary way to exerci.se tlie powers conlerreu by tins Act. Ih, Act. s. l(i. " 171 r Siilijcct til the . vriptiMii ('Kntuifn'il in t\u' in-xf s«'ction. vii«ii|.ii.» ••very applicatinti to tli' ('nint imist In- niMilf with tin* concur- i ( ('miri n-ncr or coiiHcnt of tin* t''tllo\vin;( purtits : timiM'lv- IvjHTo'.noir Wlicn- then- is n tenant in tail iin II tin- purfii-s to con- ^y,,,.^,, t,.„^„, cur or t-nhsi'iit ^llllll lie surli tenant in tail, or irtlterc in tail of iki' ; \s more tlian on*; hiicIi teiiMut in tail than tlie first win-rx iimrr ot* siieh tenuntx in tail, and all piiNuHH in existent!** '•"»" """1 haviri;^' any lienetieal estate oi- interest iimler or liy \Vlnri« i>»rti.>ii virtue of the settlement prior to the estat.- of such S",','I!flti*'i'' tenant in tail, niitl all trustees hnviu}; any estate umlir mul*- tir interest <.n liehnlf ..f any unliorn ehil-l "prior to •";;"' iTi'-ri.. , .•' ' ••utali' lit It'll tl ■o ;i person t'owfrmif entitlefl to an estate of inheritnnce whose consent or cniicur- '""!!',!*' '11!" renee shall have tieen reiiised or cannot oe olitained, it sliall ■•fuAid or lie lawful for thti Court, if it shall think »it, to s. IH. Notice of any apiilication to tin- Court under this Act shiil' .. ,. 1 1 II ■ I -I 1 <• .Niitli'i- "I be served on ail trustees who are seized or possesseil ot any .ipplinition uu estate in trust for any person whosi' consent or concurrence to wl"'"" <■" i>'' or in the ajiplication is hereliy reipiired, and on any other ' parties who in the <(piniriii of the ('ouit ouLrht to so he served. unl(!ss the ( 'ourt simll think lit to dispmse with siuli notice. Ih.H. I!». Notice of any .ijiplicatioii to the Court uinler this Act slmll N,,tic..« to lir lie inserteil in such new spaiiers as tin- Court shall dii'ect, and l'"''''^'"'''- any person or hody corporate, whether interested in the estate or not, may iipply to the ('ouit of ( 'lianct'iy l>y motion for leave to he heard in opposition to or in support of any applica- Nylin c^n Iim tion which inav he made to the Court under this Act, and the '"'T')'""!'- ,.,,•,., IHMltl'lll 111' (./Ourt IS heieliy authon/ed to permit >U(.Ii person oi corpora- -iii)|M)rt. tion to appear and lie heard m op[)osition to or support of any such application, on such terms as to costs or otiierwise, and in .such manner as it shall think lit. //». s. liO. The Court shall not he at liherty to <;rant any application Court will under this Act in any case when; the applicant, or any party n-fus.- applion- entitled, luvs previously apjilied to either House of Parliament I'n''ittl.r''pr«'' for a private Act to effect the same or u similar object, and such vi.mHiy -onsiii- tTfil by parlia- ment, eie. Hi li Noticf of •t<«tri'iHi iif ImWiTD Ici Ih' liUfffl nil ml lll*lll«iN) nil mI<>h •IhI h> rvnta etc. wIlMW til I I And liow tu I" «l>pli<'il. 'Whi'ii trii»tniH limy tti'ply wiUi'iiil niipl OAtKin to (.'iiiirt. M'l'" IfiiW Ilinli' V til l>« inNt'.'-ti'il until n|i|>lici|. «tc. 'Comt limy e\»Tfiie INIWtTf lit tllin Act wlii'tiii'i- hefiiri" fxen u- eliciitioti liiiM lit'fii I'l'ji'citiil 1)11 Um iiii'i-itM, nr iv|iorti>ii ii^uiii«t liy tli«* iliitl^fH to wliitin thi' ))ill iiuiy Imvu U-fii irfi'imi. Ih. M."2|. Tlif (Timit hIihII iliri'ft tlmt "xtnii- siitlii'iirit notiiM* of nny «>x. i)iris«> of liny of tin* iiowoi'm conf(>tici| un it liy tlii^ Act sliull lio |ilHr«-i| nri till- Hflth'litclit of nil iiny ru|)icH tli'Dol. n t|ii>r* wisi' HM'Mrilnl ill iiiiy \va\ it iiiii\ tliic'» |irii|M i , m ., cuhi's wlift't' it >liiill M|)p«'iir to (lit> ('oiii't to lif |(m(*tii'ul>l)> iiihIvx* pfilifiit for |ii-iiiliiix' fi')iiii| or iiiistukiv h, 'I'l. All iiiiiiH'v to III' ii'ct'ivi'il )■ tliis Art, or to lif svi iiHiiji* out of tin' n-iit or |iu> • iiiontN it'Murvfil on any Ii'imm of fiirtli, I'oul, Ntoiin or niim-nilH as iifoi'iMuiil, may, if tli)> i'nuit sliiill think lit, >h> paiil toanv ti iiHtccH III' wliiiiii it >liall aiiproN )>. or utlici w Ini' tlif saiiH' sliall b«! piiiil into till' I iitik iif Kn;;lutMl or Irt-laiiil as tin- nisc muy Ih> to tilt' ai'connt of tin' Accountant (iiiifral of tin' < 'ourt of < 'lianccry i.r fiinti tlu> applicant in tlu' niattir of tliis Act, iiiitj ill liHirr c'lM' siirli iiionry sliall Ix* iippliiil a^ tin* I 'miit sliiill from tinn- to tinic direct to »oni)> on*' or iiiod- of tin* following pnipift's, nunn'ly, Tlif purcli.isc or iii|i>iiiptiiin of ilic lainl t is, or tin- iliscliai^i' or rcilniiption of any iniiiiiilnanci- atrcctiiii; lli«- li)-icilitaniv trusts ; or tlic purchase of utlitT licmlitanifnts to In* scttlt'il in tin' saniu manner as the In'rcditaimnts in rt-Hprct of wliicli tin- inoiu'y \vu.s paiil ; or tluj payment to any person liecomin;>; alisolutu- ly enlilleil. /f> s. nC Tlie npplication oi the niuney in maniirr aforesaiil may, if the Court sliall so iliiect, lie made hy the trustees (if any) without any application to tli Hi>tili>iiiftit cDiitHiiiiiiM |m>wi'I'< to ••M'ci't Miiuiliir |iiii-|iiMi>M kIuiII not |it'i>i'liiri'iNin;.Mitiy of llif |ti»\viTN iMiilriit'il l.y tliin Art, if it iliiill tliiiik tluit flu* |MiHi'i niillii>ii/.>' liny Ii'iiNi' xiilf or otlur art lii'\uni| tin- cvt'iif to wliicli in till- opinion ul tin* < 'oiirt tin- 'hiuid- iiii;{lit liu •■ ' ii iintliori/.i'tl ill ainl )>y t)ii> NoMloinmt hy tin* Nfttlor or dlioiM. H. 27 All "I I III- coiiiidfti 'n inMili(liit<*(l on tin' L(rouiiii tliHt llio oniiit wilt not liffflty rm|iuwi'if.| to iintlmi i/c tin- siitii«',<>\('f|it that no slid) lt*iiM>, siilt'.or ullicr iirt mIiiiII Iwivcany «'HtH't aj^ain>if any jirrsoii wlioHt» cuncurri'iH't' in. or coiiHt'iit to till* H|i|)linilioii oti;;|it til liavt' I n olttaiiifil, iiml was not olitiiinc'l. s '2s \'i I t.wcr* to Ik' •'ti'iriiii'il l4'><>iii| >'\Unt III whirli •mil* ini|(lit linvi' lil'i'll Mlltllll'' iw'll ill ■•'ltll<' liu-lit l.iitHc or kaIk lint illVlklill lin irr i>l tliiit r iiirt lint n'iili\ uii wliiTM 0" ivriirri>iic« iii'ci"r that all or any coHts or t'X|nMis»'s of alloranv partifs of ainl inciili'iit to any a|i,ili('atioii uiith'i- this Act sliail he a chnr^)) nil thr hi-iiM|itaiiii'iits which arc the siil'ici t ol the appli(*atioii, • •r on any other hereilit uiicnts inchiihil m the Haiiic settl«Miicnt, timl siiliject to the same liiiiitatioiis , anil the court may also ilircct tiiat siich costs arnl c\|Mnse-. shall lie raiseil hy sale or iiiort;;a;;e t aiiil expennest » hi' ta.xc.l liirrctKin* •« in roati, etc. as the ruiirt shiill iliiict. •J!» The JiOiil ( "hiiiicellor 'if ( ircat I'.ril liii, uiili tlic aihii ami of the t'ouitof Appeal in C/'liaiicery, ami the Vice-( 'lianccllor.M, rowiTto in»k« ii.s,sislanci; of the MiiMlish Master of tlic Kolls. the liorils.liistices K'-'i-'"' f'lla* itml iii'liTH for . . . |iri" I'lluri', or of any three of iheiii, may, if he sliall think tit, from time to '•'<•. uinl^r time m.ike ;^'eneiiii nihs aii- and solicitor.s of the court ill respect to such nifttters : ami siiili rules ainl orders may from time to time he rescinde I or alteriMl hy the like authorities respectively ; and all such rules and ordi'r.s shall take etfcct as gent'ral orders of the coui't. h. MO. The powers ill the proceediiiL' section contained shall extend Such ruli'iand to the matters to which this Act (21 and Tl V v 27) relates : ';'•'•'•''.'"•>' Ill II I! I r 1 I- "'^'^ *''" I"" anil such rules and orders may, s< rar as may b • round oxpedi- culnre i»r«- ent, alter the proeeduie prescrihed hv the said Act and this ■?'"'**''' ''5"'''* Act. 21 and 22 V. c. 77, s. 7. ^ All general rules and orders made as atore.said shall, iinineili- But the rulei, ately after the making and issuing thereof, be laid before both f.lSin"'}!*,,'^ House.*) of Parliament, if Partianient be then sitting, or if iviiameoifoi CDiifirniklioii. 1 1 KJKlit iif |M-r- to ixmNrHHiiin of Muttlcd ItHtatt'H to (lemiite, etu. i ! •■ 174 rarliaiiiunt he noi then sitting', within 21 and 20 V. c. 120, s. :n. It shall he hiwf'id for any person entitled to the possession or to the reeeipt of the rents and pj-otits of any settled estates for an estate for life, or lor a tenn of years detcrminahle with his life, or for any {greater estate, either in his own rij^ht or in right of his wife, unless the settlement shall contain an exi)ress declaration that it shall not be lawful lor such person to make such demise ; and also for any person entitled to the {)08session or to the receipt of the rents and profits of any unsettled estates as tenant, by the curtesy, or in dower, or in rif^ht of a wife who is seized in fee, without any api)lication to the court, to demise the same, or any part thereof, t;xcej)t the •rincipal mansion house and the demesnes theieof, and other ands usually occupied therewith, from time to time, for any term not exceeding' 21 years, to take ellcct in possession ; pro- vided that every such demis(( he made by deed, and the best rent that (-an reasimably be obtained be tlicreby reseived, with- out any fine or other benefit in the nature of a fine, which rent shall bo incident to the immediate reversion ; unrl i)rovided that such demise be not made without impeachment of waste, and do contain a covenant for payment of the rent, and such other usual and proi)er covenants as the lessor shall think fit, and also a condition of re-entry on non-payment, for a period not less than 2H days, of the rent thereby reserved, and on non- observance of any »e) of the person granting the same. s. 38. And every such demise .shall also be valid jigainst the wife of any liusband making such demise of estates to which he is entitled in right of such wife. (21 and 22 V., c. 77, s. S). Kxecution of The executiou of any lease by the lessor or les.sors shall be lease by le?8-)r Jeemed sufficient evidence that a counterpart of such lease has of countHrpart been dulv executed by the lessee as re<]uired by this Act. 19 executed by ^^J^^l^ 2() V. c. 120, 8. 34. lessee. Except prin- cipal inanHioii llOUBC, <y deed, for bout rent. And be not made w ithoiit ii.^>)eacliiii«'nt for wttste. And liaH con- ditions for re-entry, etc. Such deniiseH to be I'llid against person granting, and all other per- sons entitled to following estates, etc. Section 35, repeals certain old statutes. 175 T( ' All po\vm« given \>y this Act, and nil applications to the Court under this Act, and consents to such applications may he I'xereised, made or given hy guardians on hehalf of infants, and hy committees on hehalf of lunatics, and. hy assignee's of l).i!>k runts or insolvents ; provided, nevertheless, that in the cases of infant or lunatic tenants in tail, no application to the Court or consent to iiny application may l»e made (»r given hy any guardian or committee without the special direction f)f the Court, s. 'Ml Whore a married woman shall apply to the Court under this Act, she shall first l)o examined apart from her hushan in aj>- |)li(;atii>iiH tor and in exercii< in»f iMiwHrs c(tiil't'rr»'(i by thin .Vet. K \ HIT) i nation of married wo- men making Hiicli ujipliou- tion. Flow Hiicli ex- .aniiimtii>n t') Im- mude, etc. l'",ttect of ex- iiminivtiiin if mitrricd wo- mun resident out (if jiiriHdic< tion. Applicationti, t'tc, liy mar- ried women under age. No perHon obliged to miike or con- sent to iipi>ll> ciititm to tne Court, etc. I'erHiins will be deemed en- titled to IKtH- seusion lUtiiongh eHtate encum- bered, etc. I i IjmxeH l)fvi>»jd 21 y»'arH iiy tenant in tail, reHtraini'd from liiirrinK eHtaleH tail, or whi^re revt-r- niiin in Crown not ttuthorizrd LfiaM* of copyhold or customary h«r«^litaH))>ntH Provmionx of Act ♦'xticnd to all Hettlr inentii, etc*. 170 tho ])aiti<'s entitled to any sucli ohari^c or incuiiibi-anro shall not lie aHccted by tluj act.s of the person entitled to the posses- sion or to the I'eceipt of the rents ami profits as uforesaitl, un- less they shall eoncnr therein, s. 41. Provided, always, that nothinj^ in this Act shall aiithoriHe any sale or lease heyonrl the term of t\V(>nty-oiie y''n.'''< <>1 "ny settled <'Mtales, in which under the Aet, JU and H.'» Hen H, c. 20, or under any other Act of 1'arliiinient, tin- tenants in tail are restniined from Warring or di'featin}^ their estates tail, or where the reversion is vested in the; ('"own. s. 42. Nothing in this Act shall anthori/.i* the ofi-imtinj; of a lease of any copyhoM or customary hereditaments not warranted by the custom of the manor without the consent of the lord, nor otherwise prejudiee or affect the riijfhts of any lord of a manor, s. 43. The provision.s of this Act shall extern! to all settlements, whether made hefore or after it ihall eome into force, except those as to demises to he i.iafle without application to the Court, which .shall extend only to .settlements made after thii Act shall eome in force, s. 44. This Act shall come in fore*- on 1st Novemher, ISoO. [(S'ee under Leases and Sale of Settled Estates, ante]. 'f . '1 the as 53 VICT. CHAP 33, inmon.s of (!!annda, euacts foll(»w.s ; — PART I. PRELIMIN.^HY. I. This Act may be cited as " The Bills of E.^change Act Short tuie. J soar *Z. Ill JuH Act, unless the context otherwise requires, — lutcrpreu- (o) The expression " Acceptance " means an acceptance .. Accppt- completed by delivery or nolification ; anw." [h) The expression "Action" includes counter claim nnd " Action." set oi( ; (r) The expression " Bank " means an incorporated bank or 'iJank.' Havinj^s bank carrying on business in Canada ; {(t) The expression " Bearer " means the per.son in possession ••n.urer." of a bill or note which is payable to bearer ; (fl) The expression " Bill " means bill of exchange, and " nm -," " Note " means promissory note ; "Xdtp." (/) The expression " Delivery " means transfer of possesaionj •' Delivery." actual or constructive, from one person to another ; ((f) The expression " Holder " means the payee or indorsee •• Uoidt^r." of a bill or note who is in pos.session of it, or the bearer thereof ; (/i) The expression " Indor.sement " means an indorsement " indowe- coujpleted by delivery ; ment." (i) The ex[)ression " Issue " means the first delivery of a " Issue." bill or note, complete in form, to a person who takes it as a hohler ; (j) The expression " V^alue " means valuable consideration ; " Value." (k) The expression " Defence " includes counter-claim. "Defence." - ii \\ m 12 (J.i.) 11 ) I Hill of .x chaniirn il>' fined. 17« PART If. BILLS OF EXCHANOK. Form and I nteiyri:tat\on. '%i. A bill of exchan<,'o is an unconditional order in writing, addresHed l»y one pernon to another, .siy the person giving it, re(|uiring the person to whom it is Jiddre.sserders any act to be done in addition to the payment of money, is not, except as hereinafter provided, a bill of exchan^^e : l-'nc(.iiditi..iiHl ;{. An order to pay out of a particular fund is not uncon- ditional within the meaning of this section ; but an uncjunlitied order to pay, coupled with {a) an indication of a paiticular fund out of which the drawee is to re-imburse himself, or a particular account to be debited with the amount, or (/>) a statement of the transaction which gives rise to the bill, is un- conditional . 4. A bill is not invalid by reason — {a) That it is not dated ; (/<) That it does not specify the value given, or that any value has been given therefor; (r-) That it does not specify the place where it is drawn or the i)lace where it is payable. Hill iii)t in valid for rm •loUH Hpecififd. Tnlund and foreign h\\\f. If not noted an forfi^n. If different purtien to liil' are the same perxon. Option of holder in civse ii|>eciKe) drawn within Canada upon some person resident therein. Any other bill is a foreign bill • 2. Unless the contrary appears on the face of th(> bill, the holder may treat it as an inland bill. 5. A bill may be drawn payable to, or to the order of, the di-awer ; or it nuiy be drawn payable to, or to the order of, the drawee : 2. Where in a bill drawer and drawee are the same person, or where the diawee is a fictitious person or a person not having capacity to contract, the holder may treat the instru- ment, at his option, either as a bill of exchange or as a promis- sory note. 6. The drawee must be named or otherwise indicated in a bill with reasonable certainty : 2. A bill may be addressed to two or more drawees, whether they are partners or not ; but an order addressed to two drawees in the alternative, or to two or more drawees in succession is not a bill of exchange. 17!> ' [ the \ in a 7. Where a bill is not payabh' to l>euior, the payut* mUNt Vhj C«'rt»iiity re nnine<-•«•. 8. Where the piiyeo is a fictitious or non-ex istinj^ person, the if ^,^y^.„ j^ bill may bo treated as payable to bearer. n-.n .•\iHtiiiK. 8. When a bill contains words prohiititinj,' transfer, (tr t/Vnain i)iii» indicating an intention that it should not be trimsfcrabh', it is ,V,'^,',tiahi„"''' valid as betwecMi the parties thereto, but it is not in'^otiabln : 2. A noifotiable bill maybe payable fithei- to order or to •'"yai'l*' to bt'arer : i^^^.-r. 8. A Itill is payable t(» bearer which is expressed to be so T" bfnrer. payable, or on which the oidy or last indorsciment is an in- dorsement in blank : 4. A bill is j)ayable to order which is expressed to be so To ..r future time, within the meaning of tni.H Act, which is (jxprcssed to be payable — (a) At sight or at a fixed period after ) On or at a fixed period after the occurrence of a speeilied event which is certain to happen, though the time of happening is uncertain : 2. An instrument expressed to be payable on a contingency is not a bill, and the happening of the event does not cure the defect. OmiMion of date in bill uayabie after Ai to wron^ dat«. 118. Where a bill expressed to be payable at a fixed period after date is issued undated, or where the acceptance of a bill f)ayable at sight or at a fixed period after sight is undated, any lolder may insert therein the true date of issue or acceptance, and the bill shall be payable HoCordiiigly ; [As amended by ^i-5^ V. c. 17. s. 2.] Provided th t (rc the holder in good fnith and by mistake inserts a wrong date, and (/>) in every case where a wrong date is inseitcil, if the bill suhse(|uently comes into the hands of a holder in due course, the bill shall not bo voided thereby, but shall opiMnte and be payable as if the dat(! so in- .serted had been the true dnte. \l . ii Date >)»•/»/»(( 1;{. VVHiiM-e a bill or an acceptan<'e, or an ■ indorsement on /•ar on demand, the day on which it falls due is determined as follows : (a) Tbrei days, called days of grace, aiv in every case where the l)ill itself does uot otherwise provide, added to the time of payment as fixed by the l)ill, .-md the bill is due and payable on the last day of grace : Provided that— al (1) Whenever the lust day of gract- falls on a legal noliday or non-juridical day in the Province where any such bill is payable, then the day next following, not being a legal holiday or non-juridical day in such Province, shall be the last day of grace : 2. In all matters relating to bills of exchange the following and no other shall be observed as legal holidays or non- juridical days, that is to say : 181 M rovmcj^ (> ay is ay of In nil l>rf>- viiirt-N >it-t)i)rpus Christi ; St. I'(!ter and St. PaulVj Day ; All Saints' Day; Ctinception Day ; (c) And also, in any one of the Provinces of Canada, any day a|)pointcd by proclamation of the Lieutenant-Governor of such Prcviii'^e for a public holiday, or for a fast or thanks- giving within the same, or being a non-juridical day by virtue of a statute of fiuch Province : ;i. Where a bill is payable at night, or at a Hxed period after date, after sight, or after the happening of a specified event, the time of payment is determined by excluding the day from which the time is to begin to run and by including the day of payment : 4. Where a bill is payable at sight or a Hxed period after sight, the time begins to run from the date of the acceptance if the bill is accepted, and from the date of noting or protest if the bdl is noted or protested for non-acceptance, or for non- delivery: 6. The term " Month " in a bill means the callendar month : 6. Every bill which is made payable at a month or months after date becomes due on the same numbered day of the month in which it is made payable as the day on which it is dated — unless there is no such day in the month in vv-hich it is made ])ayable, in which case it becomes due on the last day of that month — with the adilition, in all cases, of the days of grace. 15. The drawer of a bill and any indorser may insert Case of need, therein the name of a person to whom the holder may resort in case of need, that is to sa}', in case the bill is dishonored by non-acceptance or non-payment. Such person is called the I' In I'very Priivinue. I >ayH to Iw ooniputud w hun tin^e iMtginH to run. When time lieginn to run. " Months." Huckoning of time. I IH2 refei'cu in cONe of nciui. It in in tlu; nptiun of the )it>lr to reMort t«» tlu' ri'l'ori'j' in cnHr of n«M'(| or not, as lio thinks tit. I >ptitaiic>-. KtM|uiHi(.<«i< of acctiiitancf. Time for >vce«iitnnc«\ Date, in caot of H(:(:i-|ituiicr after (IIh- honor. (ieneral and <|iiuliHt«l aucHptaiK'fH. <^ial ficd HccpptaruT, Kt. Till! ilravvrr of a Itill, nntl any in«lorsi'i-, niiiy inHcrt tli(>n>in an t'xpn'Hs ntipnlaiion — (d) Nf>,'ativinjr or liniitinj; liin own liability to tin- holdtT ; (h) Waiving, a.H rc^^anlH hinisulf, Honii! or all of tlu' lioldor'n duties. 17. The ncct ptancc of a hill is t\\v. si^rnitication l»y the tlrawuf of his assent to the order of the drawer ; 2. An acceptance in invaliti unlesH it eoinplies with th« following' conditions, namely : — (a) It niuRt Ih! writtt^n on the hill and \**i .signed by the drawee, The mere sii^natnre of the drawee without additionnl words is snflicient ; (/>) It nnist not express that thfl drawee will perform his promiHC! by any other means than the payment of money; 3, Where in a bill the drawee is wron«,dy desl<,'nated r)r his name i,s nd.sspidt, he may aecept the bill as therein «leseribed, addinjif, if he thinks fit, his proper signature, or he may accept by his proper sigiuiture. 18. A bill may bo iiceepted — {it) Before it ha.s been .sigiunl by the drawer, or wlule otherwi.se incomplete ; (h) When it is ov«'rdue,or after it has been dishonored by a previous refusal to acct pt, or by non-payment; 2. When a bill payalde at sijLfht, or alter sight, is dishonored by non-acceptance, and the drawee subseijuently accepts it, the holdei', in the absence of any |)t<)r, or III) iiir ; ami, in like iiiaiiiu>r, wlit>ii a ))ill Is wHiitiii;^' in any inatrrial particular, tlx* prrxon in pnssfs- Hion of it has a /)/•(/»(»/(/(•»/' authority to till up the oinission in any way \w thinks fit : 2. [ii oriU>r tliiit any Niicli iiistruin«>nt whi>n roiiiplcteil may wih-u t<> u. Ik" enforccahlt' against any person who hccainc a party thfrrto ''"'"'' "''• prior to itN coinplt'tioii, it tnustle tilh'il up within a irasonahlt* tiiiM', and strictly in acconlaiu;*! with tlm authority ;,'iv('n ; ' reiiHonalth' tinit! for this puriiosu is a stion of fact: Proviih'tl, that if any sucli instrunicnt, after coniphition, is AhImmiW nPf,'otiateil to a hohler in -n„n Oicir has si<;iied it as drawer, acceptor or indorser, u valid n in I ♦'*■"'*""■'•'• uncon"'"*- of a bill, unless it is comjietent to it so to do under the law for the time beinj? in force relatinji; to such corporatii)n : 2. Where a bill is drawn or indorsed by an infant, minor, or nrawinRor corporation having no cjipacity or power to incur liability on a imi'T'^inK ^y bill, the drawing or indorsement entitles the holder to receive I;'',,n','"tent. payment of the bill, and to enforce it against any other party thereto. ) I! It tliirn»tnri« •wMtntikl til lUbility. KaoDptioii*. KiirKril iir iin*utli<| tliiit — (a) VVIicrt! u p«'fH()ii si^tiH II hill ill a tiHilf (If HssiiiiiiMi iMiiiti, )i<> JH lialiltf Ihri't'oii as if liu liad Mi^ni'ij it in liis nwti iiiiinn ; (/>) 'I'lu' Ni^riuituro of till- iiatiMt of a iiriii is *-i|uivul<'iit to tlm Hi^imtiiru hy tin* [xtsoii so Ni^ning of tin; niiiiu'H of all pt'iMoiiH lialili) AH partners in iliat tiriii. *>it. Sul>j«>(!t to till! provisions of this Act, whiiio ii si;rnatnr«) on a l>ill iH for^n'tl or plii<'<>i| tlit'i-con without tlif authority of till- ptTsoii wliosi- si^niitiin' it purports to hi-, tin- foijjjcil or nnanthori/nl siirtiatiirc is \\ holly inopfi'ativ*; ami no ri^ht to rt'tain tlic hill or toj^ivn a (lischarj,'t' thcn-for or to cnfort't' pay- iiM'iit thfiTot a^^ainstany party thfrctocan Ih> ac<|uiri.><| throii;;li or iin*l(M' that sij^rnaturo, unless tlu; party a;^'aiiist wiioiii it i^ Hoii^lit to retain or enforce payment of the hill is pi-eeliiy the drawee for the amount so p.iid, as the ca.se may he. unless he j;ives notice in writinj: «)f such forgery t'o the drawci! within one year alter he lias ac(pnred notice of such forgery ; and in case of failure hy the drawer to j^ive such notice within t)ie .said period, 8uch che(pio .shall he held to have heen paid in due course as respects every other purty thereto or named therein, who lias not previously instituted proceodin^^H for the protection of his rif,dits. 2. If the drawee of a cheijue hearing a forjijed indorsement pays the amount thereof to a suh.secpient indorser, or to the hearer Uieroof, he uhall have all the rights of a holder in due course lor the recovery hack of the amount so paid from any indorser ■wlio has endorsed the .same .subsequent to the forged indorse ment, as well as his legal recourse against the bearer thereof as a transferrer by delivery ; and any indorser who ha.s made such payment shall have the like rights and recourse agai.ist any antecedent indorser .subsequent to the forged indorsement, the whole, however, subject to the provisions and limitationH contained in the last preceding sub-section. [This .sub-section added by 54-55 V. c. 17, s. 4]. 25. A signature by procuration operates as notice that the agent has but a limited autliority \o sign, and the principal is bound by .such signature only if the agent in so signing was acting within the actual limits of his authority. 26. Where a person signs a bill as drawer, indorser or acceptor, and add.s words to his signature indicating that he signs for or on behalf of a principal, or in a representative character, he is not personally liable thereon ; but the mere 18A Aii to Ilii Hiifiiatiin* of wonU ilosctihiii^ him an mi ii}(riit, or Hs (illiiijj II ri>|trf«»ciitativ»« clmnicti^r, y wIioho Ii'iikI it is writtun, „( .iiriiittur«. till' (■oiiNtnictioii most fiivoiinihJM to tho valiility oi tho iiistrii iiittht shtill III* a*lo|tti><|. Tfn' (jOUHufrvoi'un) for a fiiff, 587. Viiliiiililt'coiisiilfnition foi II liill may he conMtitnto! Iiv - V»iimiiiB / ,v » • I .. ,!••»» L • I ' coii»i(|Hr«tion I (a) Any <-oii»iilcnitioii siitiicioiil to .sii|i|)ort a ''Hiiplt; con- |„,^ ,,,,„,,nm. tract ; •••1. {h) All iiiiti>c-i>i)t th'lit or iinltilily ; such a dfht or liahility Ih i|fi-m*>i| valiiiihli' consjiliTiitioii, \vh*'th«>r tht> hill is |)ayal)h> on iIi-iiiuikI or at a fiitiiir tiiiu; : 2. Wlmru vmIiii! has iit any timi> li*-on ^iven lor a hill, thi> Wii.n holder linhlrr is i1(.>i>iium| to In; a holder for value us rci'anis thn hc- '"'•"'■•'•' 'w Villi!**. cuptor utiil nil piirtit's to thf liill who hfcamc parties prior to Huch time : •i. Whcrt' thf hoMcr of a hill has ii lien lui it. arisini; ritlicr Aiiiity. for value ; luxl it is niimaterial wliethur, when such holder took the hill, hu knew such party to he an accommodatiuu party or not. *4i}. A holder in due course \s a holder who has takttn a bill, comph^te and re«j;ular on the face of it. un) That he took the hill in ^'ood faith and tor value, and that at tho time the Itill was ne<^otiated to him he had no notice of any defect in the titi;^ of tli(^ person who ne<,'otiated it: 2. In particular, ti:i. tithfof a |)ersnii who negotiates a hill is defective within the meaning of this Act when he ohtuined the hill, or the acceptance thereof, hy fraud, tluress, or force and fear, or otlier unlawful means, or for an illegal considera- tion, or when he negotiates it in breach of faith, or under such circumstances as amount to a I'-oud : 3. A holder, whether for value or not, who derives his title to a bill through a hohler in due course, and who is not him- self a party to any fraud or illegality affecting it, has all the rights of that holder in due course as regards the acceptor and -all parties to the bill prior to that holder. Titlo dafeo- tivK ill caaeH Hpucitisd. Kil^lit of mib- H<'<|iient holder. IMAGE EVALUATION TEST TARGET (MT-S) 1.0 I.I ffilM IIM ;'■ IM |||||2i i^ 12.0 1.8 1.25 1.4 1.6 ^ 6" — ► V] I'aco thereof, before the same is issued, the words "i^ivenfo ^ ualont right:" and without such words thu.'^ 11 su.?h hj- .' unt and any renewal thereof shall be void, exctjit in ii. • nds of a holder in due course without notice of such consi- deration : 5. The indorsee or other transferee of any such instrument having the words aforesaid so printed or written thereon, shall take the same njbject to any defence or set-ott in respect of the whole or an}'' part thereof which would have existed between the origina ■ parties : 6. Every one who issues, sells or transfers, by indorsement or delivery, any such instrument not having the words " given for a patent right " printed or written in manner aforesaid across the face thereof, knowing the consideration of such in- strument to have consisted, in whole or in part, of the purchase money of a patent right, or of a partial inteiest, limited geo- graphically or otherwise, in a patent right, is guilty of a mis- demeanor, and liable to imprisonment for any term not exceed- ing one year, or to such tine, not exceeding two hundred dollars, as the court thinks tit. Negotiation oj Bills. Negotiation of 31. A bill is negotiated when it is transferred from one ' *■ person to another in such a manner as to constitute the trans- feree the holder of the bill : 2. A bill payable to bearer is negotiated by delivery : 3. A bill payable to order is negotiated by the indorsement of the holder completed by delivery : 4. Where the holder of a bill payable to his order transfers it for value without indorsing it, the transfer gives the transferee such title as the transferrer had in the bill, and the transferee in addition acquires the right to have the indorse- ment of the transferrer : Liability jf transferee. Penalty. To bearer. To ordar. Without in- dorsement. 1H7 (ill i» ralvio : u be a it 18 jqnent [• force la such proves has in in due iion or holder, 1 actual IS con- sists, in ht, or of le, in a itly and ued, the h words shall be without (trunient ,on, shall ct of the jetween sement " given ^foresaid such in- )urchase ited geo- of a mis- exceed- hundred from one the trans- lorsement ransfers afives the and the 5 indorse- T). Wlieie any pcM'son is under oldigation to intlorso a bill in i'„r»onai lia- a rtfpresentativo capacity, he may indorse the J)ill in sudi ^'i'^j-^X'' '* terms as to negative personal liiibiiity. 3!3. An indorsement in cn'der to operate as a negotiation RH|uiHite» of must comply with the following conditions, namely : — H.'imlnt.'"^"'^ (a) It must be written on the bill itst If and be signed by the indorser. Tin simple signature of the indorser on the bill, without additional words, is sufficient ; An indorsement written on an allonge, or on a " copy " of a bill issued or negotiated in a country where ' (iopies " are recognized, is deemed to be written on the bill itself ; (/>) It must be tin indorsement of the "ntirc bill. A partial indorsement, that is to say, an indors<(ment which purports to transfer to the indorsee a part only of tlie amount payable, or which purports to transfer the bill to two or more indorsees severally, does not operate as a negotiation of the bill ; (()) Where a bill is payable to tlie order of two or more payees or indorsees who are not jmrtners, all must indoi'se, unless the one indorsing has authority to indorse for the others : 2. Where, in a bill payable to order, the payee or indorsee Mi«s|«'iiing. is wrongly designated, or his name is misspelt, he may indorse the bill as therein described, adding his proper signature ; or lie may indorse by his own proper signature : 3. Where there are two or more indorsements on a bill, each order of in- indorsement is deemed io have V)een iriade in the order in '•'•"•''"'nt- which it appears on the bill, until the contrary is proved : 4. An indorsement may be made in blank or special. It Spftciai in- may also contain terras making it restrictive. ^ orHemen . 38. Where a bill purports to be indorsed conditionally, the ("onditional condition may be disrefjarded by the payer, and payment to '>ifl<>"einent. the indorsee is valid, whether the condition has been fulHUed or not. 34. An indorsement in bbink specifies no indorsee, and a bill so indorsed becomes payable to bearer: 2. A special indorsement specifies tht person to whom, or to whose order, the bill is tu be ]»a}able : 3. The provisions of tliis Act relating to a payee ajiply, with the necessary modifications, to an indorsee under a special in- dorsement : 4. Where a bill has been indorsed in blank, any holder may convert the blank indorsement into a special indorsement by writing above the indor.ser's signature a direction to pay the bill to or to the order of himself or some other person. 35. An indorsement is restrictive which prohibits the further negotiation of the bill, or which expresses that it is a mere authority to deal with the bill as thereby directed, and not a transfer of the ownership thereof, as, for example, if a bill is indorsed " Pay D only," or " Pay D for the account of X," or " Pay D, or order, for collection : " liulorseinent in blank. Special in- dorsement. Application of Act to in dorsee. Conversion of blank indor- sement. l{.»Htrictive indorsement. IHM •2. A lestiiftive iii(loi'.s(;inont jrives tho indorsee tlie riL-lit to receive jHijiiicnt of the Kill niul to .sue niiy pnity tlioK^to that his indorser could have sued, hut ^'ives liini no power to transfer liis ri^dits as indorsee unless it expressly authorizes him to do so : ;{. Wlieie a restrie.tive inilorsernent authorizes further trans- fer, all suhse(|uent indorsees take the hill witli the same ri<;hts and suhject to tht! same lialiilities as the lirst indorsee under the re.-itrictive iiKUn>:ement. iUt. Where a hill is neyotialile in its origin, it continues to he n(!g()tiahle until it has heen (a) restrictively indorsed, or (b) discharged hy payment or otherwise : 2. Where an overdue hill is negotiati'd, it can bo negotiated only suhjt'et to any defect of title affecting it at its maturity, and thenceforward no i)trson who takes it can ac((uire or give a better title tlian that which hid the person from whom lie took it : 3. A bill payable on demand is deemed to be overdue within the meaning and for the puiposes of this section, when it ap- pears on the face of it to have heen in circulation for an un- reasonable length of time ; what is an unreasonable length of time for this purpose is a (piestit, . rf fact : 4. Except where an indorseii.vjnt bears date after the maturity of the bill, every negotiation is prima facie deemed to have been effected before the bill was overdue : 5. Where a bill which is not overdue has been dishonored, any person who takes it with notice of the dishonor takes it subject to any defect of title attaching thereto at the time of dishonor; but nothing in this subsection shall affect the rights of a holder in due course. Negotiation of 37. Where a bill is negotiated back to the drawer, or to a already t^abie pi'ioi" indorser, or to tlie acceptor, such party may, stibjcct to thereon. the provisions of this Act, re-issue and further negotiate the bill, but he is not entitled to enforce the payment of the bill against any intervening party to whom he was previously liable. Right of in- dorhi'tf till It- under. If flirt hir tranHfci ih Aiitliori/,)'il. AVhun npifo- tiuljJH liillH cuuhes U) be ho. Negotiiitioii of ovi!r(i\u' bill. Wlwn bill deemed over- due. Presumiitioii ad to negotiii- tion. Taking bil! subsequent to dishonor. Rights of the holder. 38. The rights and powers of the holder of a bill are as follows : — (a) He may sue on the bill in hi.s own name ; (h) Where he is a holder in due course, he holds the bill free from any defect of title of prior parties, as well as from mere personal defences available to prior parties among them- selves, and may enforce payment against all parties liable on the bill ; (c) Where his title is defective, (1) if he negotiates the bill to a holder in due course, that holder obtains a good and com- plete title to the bill, and (2) if he obtains payment of the bill the person who pays him in due cour.se gets a valid discharge for the bill. IM!) L-ht to o that jvr to tviins- ri^lits iimlei* lUCH to 1, or (h) •otiated aturity, or };ive ■hoin he J within n it iM»- • an un- engih of fter the deemed ihonoved, takes it titne of oct the ^ or to a mbjcct to [)tiate the the bill Ireviously ill are as the bill 1 1 as from ma them- lliable on the bill md com- [)f the bill discharge When pr«- Rcnttnoiit for atTcptaiioe i* nect'HHary. Kx|irt'HH Htipu- iiition iiH to pi'infiitment. No \ircMHnt- innnt in any otiier caso. Il NfCPMary ,(]o- lay for pre- »fntiii«nt. General DuliiH of flu' lloUler, 39. Wh(!re a hill is payahjc at si«rl)t or afttr sij^ht, piv'st-nt- meiit for acceptance is nocessary in order to fix llic maturity of the instrument : 2. Whe?"e a lull expressly stipulates that it sluill ht; pre- .se?ited for acceptance, or vviiere a hill is drawn payahhi else- where than at the residence or j)lac(! of business of the drawee, it must be pi-esented for acceptance before it can hi' presented for pa\ ment : 3. In no othei- case is presentment for acct^ptance necessary in order to render liable any party to the hill : 4. Where the holder of a hill, drawn payable elesewhere than at the place of business or njsidence of the drawee, has not time, with the exercise of reasonable e dishonored does not excuse pre- sentment. 4:*4. VVIhmi a hill is duly prescMited foi- aecieptance and is not accepted on tin; (hiy of presentment oi'within two rlays there- after, the person pre.sentinm' it must treat it as dishonoree olitaineil ; or {})) When presentment for acceptance is excused and the hill is not aceepteil : 2. Suhjret to the provisions of this Act, when a hill is dis- li(;nored hv non-acet!i)tance an immiMliate I'iLrht of recourse against the drawci- and indor.sers accrues to the holder, and no presentment for payment is necessary. 44. Tlie holder of a bill may i-efuse to take a (pialiHed acceptance, and if he does not obtain an uminaliHed accept- ance may tr.'at the bill as dishonored by non-aeee' anre : 2. Where n (|ualitied acceptance is taken, anu the drawer or an indorser has not expressly or impliedly authorized the holder to take a ipuilified acceptance, or does uot subsequently assent thereto, such drawer or indorser is discharged from his liability on the bill ; The provisions of this sub-section do not apply to a partial acceptance, whereof due notice bus been given. Whei-e a foreign bill has been accepted as to a part, it uuist l)e protested as to the balance : :>. WheJi die drawei- ^n• indorser of a bill receives notice of a qualified acceptance, and does not within a reasonable time express his dissent to the holder, he shall be deemed to have assented thereto. 45. Subject to the provisions of this Act, a bill must be duly presented for payment. If it is not so piesented, the drawer and indorsers shall be dischai'ged : 2. A bill is duly presented for payment whieh is presented in accordance witli the following rules : — (a) Where the bill is not payable on demand, presentment must be made on the day it falls due ; (h) Where the bill is payable on demand, then, subject to the provisions of this Act, presentment must be made within a reasonable time after its issue, in ordei- to render the drawer liable, and within a reasonable time after its indorsement, in order to render the indorssr liable ; In determining what is a resonable time, regard shall be had to the nature of the bill, the usage of trade with regard to similar bills, and the facts of the particular case ; m' KM lat th«' l is not s\ich an ,nnot V»e I the l»»^l II is dis- rocourso Ider, an«l (Hialiiie'l il accept- nce ". drawer )rizod the sc(iuently from his ) a parlial Where a protested I notiec of lable time ,1 to have 111 must be lentod, the presented t-esentment subject to ade within Ithe drawer Irsement, in Id shall be Ivith regard (c) Pre^eiitiiiont nmst lu' made by the holder or l)y sumo person authorized to receive |)iiynieiit on his buhalt', at the proper piaee, ns hereinafter defined, either to tlie person desii^- nuted by the bill as payer or to his representative or some peison authorized to pay or refuse piiyiiient on his behalf, if, with the exercise of reasonable diligence, such person can there be found ; (d) A bill is presented at the proper place :- - (1) Where a place of [»iiyment is specified in the bill or acc«'ptance, and the bill is there ])resented ; (2) Wher(( no [dace of payment is s])eciHed, but the address of the drawee oi- acceptor is ^iven in the bill, and the bill is there presented ; (3) Where no place ot payment is specified and no address j(iven, ai\d the bill is presente(l iit the drawee's or accei>tor's place of business, if known, ami if not, at his ordinary resi- dence, if known ; (4) In any othei' case, if presented to the drawee or acceptor wherever he can be found, or if pivsented at his last known place of business or residence : 3. Where a l)ill is presented at the projier place, and. after the exercise of reasonable dili;^ence, no person authorized to pay or refuse payment can be found there, no further present- ment to the drawee or acceptor is required : 4. Where a 1)111 is tlrawn upon, or accepted by two or more perscjns who are not partners, and no place of ])!iymont is specified, presentment must be made to them all : 5. Where the drawee or acceptor of a bill is dead, and no place of payment is specified, piesentmetit must be made to a personal lepresentative, if such thei-e is, and with the excicise of reasonable diligence he can be found : G. Where authorized by agi'eement or iisage, a presentment through the post office is .sufficient: 7. Where the place of payment specified in the bill or acceptance is any city, town or village, and no place therein is specified, and the bill is })resented at the drawee's or Hcceptor's known place of business or known ordinary residence therein, and, if there is no such place of business or residence the Itill is presented at the post office, or piincipal post-office in such city, town or village, such presentment is sufficient. •itt. Delay in making presentment for payment is exctised Kxcime for when the delay is caused Ijy circumstances beyond the control sentnient'foi" of the holder, and not im[mtable to his default, misconduct or payment, negligence. When the cause of delay ceases to operate, pre- sentment must be made with reasonable diligence : 2. Presentn)ent for payment is dispensed with — (a) Where, after the exercise of reasonable diligence, pre- sentment, as required by this Act, cannot be effected ; The fact that the holder lias reason to believe that the bill will, on presentment, be dishonored, does not dispense with the necessity for presentment ; When Buoh prenentment ia (lis|)en)*ed with. 102 (h) Where the drawee Is a tielitioijs piMSdii ; (c) As it'^'artls the drawfr, where the drawer nv acceptor is not houtitl, as lu'twecri liiiiiseH' and tlii' drawer to acci'pt or nay th»i hill, and the drawer has no reason to helieve that the i)ill wouhl ho paitl if presenh-d ; (»/) As repirds an iiidorscr, wheic the hill was accepted or niad(! for the acu'oniniotlation of tliat indorser, and he has no reason to (!Xpc(!t that the hill wouhl he ))Mid if pre.feiited ; (f) Hy waiver of presentment, expresH or implied. Diihonorby 47 A hdl is dishonored hv non-payment (*«)when it h duly presented tor payment and payment is refused or cannot bo ohtained. or (h) when presentment is excused and the hill is overdue and unpnid : 2 SuhJL'ct to the provisions of this Act. when a hill is diK- hmored by non-payment, an immediate ri^dit of recourso aj^ainst the drawer, acceptor and indorsers accrues to the holder. Kecniime in lucli caa«. Notice of din- honor and effect of non- notice. 48. Subject to the provisions of this Act, when a hill has been disiu)nored hy n()n-acce|)tance or by non-i»ayment, notice of di.shonor must l)e {^'iven to the drawer and each indonser, and any drawer or indor.scr to wliom such notice is not <,dven is discharged ; Provided that — (a) Where a bill is dishonored by non-iicceptance, and notice of dishonor is not given, the rights of a holder in due course subsequent to the omission shall not !ie prejudiced by the omission ; (h) Where a bill is dishonored by non-acceptance and due notice of dishonor is given, it shall not be necessary to give notice of a subse(pient dishonor by non-payment, unless the bill shall in the meantime have been accepted. n IK Rules 08 to notir.e of din- honor. 49. Notice of dishonor, in order to be valid uinl etfectual, must be given in accordance with tlie following rides: — (a) The notice must be given by or on behalf of tlie holder, or by or on behalf of an indorser who, at the time*)!' giving it, i.s himself liable on the bill ; (b) Notice of dishonor may he given by an agent either in his own name, or in the name of any party entitled to give notice, whetiier that party i.s his principal or not ; (c) Where the notice is given by or on behalf of the holder, it enures for the benefit of all subsequent holders and all prior indorsers who have a right of recourse against the party to whom it is given ; (d) Where notice is given by or on behalf of an indorser entitled to give notice as hereinbefore provided, it enures for the benetit of the holder and all indorsers subsequent to the party to whom notice is given ; (e) The notice may be given in writing or by personal com- munication, and may be given in any terms which sufficiently 108 idiMitify tli(> (till aiul iiiliiiintc tliat tlic liill Iuih lireiMtiHlion. orcd liy iioii-Hcct'j)tiiii(!i' or iMiii-payiiicrit ; (/') Tlu) ntiirn of ii d<'Mrription of tli*; liiil shall nol vitiate the notice, unless the party to whom the notice is «,'iven is in fact misled therehy ; (//) Where notice of dishonor is recpiired to he ^iven to any person, it may he ;,'iven either to the party himself, or to his a^ent in that hehulf ; (/) Where the drawer and indorser is dead, and the party j^ivinj^ notice! Knows it, the notice must l)e ^{iven to a personal representative, if such there is, and, with the exercise of reasonahlo diliijence, he can he found ; (j) Where there are two or more drawers or indorsers who are not |)artners, notice must he ^iven to each of them, iiidess one of them has authoiity to receive such notice for the others ; (k) The notice may ho given as s;„in.^ t<> •it- he lias, aftei' tlie receipt (»f such notice, the same perioil of ttndfnt par- time lor giving notice to antecedent parties that the holder "*'"■ has after the dishonor: 4. Notice of the protest oi' dishonor of any hill payable in \vi,».,, notice Canada shall, notwithstanding anything in this section con- i-liall ite Kiven. tained, he sufKciently given if it is addressed in due time to any party to such bill entitled to such notice, at his customary address or place of residence or at the place at which such bill is dated, unless any such party has, under his signature, desig- nated another place ; and in such latter case such notice shall be sufficiently given if addressed to hinj in due time at such other place ; and such notice so addressed shall lie sufficient, although the place of residence of such party is other than either of such above-mentioned places ; and such notice shall be deemed to have been duly served and given for all pur- poses if it is deposited in any post office, with the postage paid thereon, at any time during the day on which such protest or presentment has been made, or on the next following juridical or business day ; such notice shall not be invalid by reason of the fact that the party to whom it is addressed is dead ; 13 (J.I.) I'M m Miiic»rii»Krin 5. VVIirrt; a lioticf of disliulKn' in HHi'.H to i-nct! : ', iiotii'i' i)t roiu'li nor limy •ived, or iiaiiiely, i) whelf haviiii,' orson to 1' (Imwee Mitlcr no iwcr lias , natiu'ly, •rson not ^iwave of indorsfi' inciit, (:i) latioii. , may, if n-accopt- ct to the ■slioiior, it essary to ! ri'^ourse (ill drawn lyable or for non- of notice acceptor ns in this f it to be st be duly ivhich has ee, is dis- l for non- indorsers le face of 10» it to l)i> a forfi;{ii bill, protest thoriMtf in > of ili^hoiior. i>X(;«*pt as in tliis Hcctitm pi-nvided is iintifct's.siii y : .*{. A liill which lias Im-imi prott'sted for iiun-iict'L'ptHti('<>, or a ,siii,.«-i|iiini hill of whicli piot«'st for nonaccfptancr has bct'n waiv«M|, may i""'""*- \m siibs(>(|iuiitly protosti'il lur iioii payiiKiit : 4. Subject to the provisions of this Act, when n bill is pro 'ruin fur tested tlie protest must be made or noted on the day of itsdis- •'"•">k. honor. When a bill has been duly noted, the protest may bu • Hubsetpiently extended lis of the date tif the Hotitli;: !}. Where thu acceptor of ii bill suspeiids payment Ix'fore it If luci.tnr i« matures, the holder may ciiuse the bill to be protested for "'»"'^"'" better security aj,'ainst the druwei- and indorsers, (Ameniled by r)4-.')') v., c. 17, s. 1 ). (5. A bill iihist lie protested at the place wlieio it is di.s- \Vln-ri« liill honoi'ed, or at some other iilace in ( 'anada situate within five '"""'''•' !"'"• miles of the placi; of presentment and ilishcjnor of such bill: I'lovidi'd that — (ft) When a bill is jiiesented through the post otlice, and returned liy post dishonoreil, it may be protested at the place to wliidi it is I'eturneil, not later than on the day of its ictum or the next /lui'idical day. (/>) Kvery protest for dishonor, either for n()n-acce])tance or non-piiymont, may be made on the dii\ of such dishonor at any time after non-acceptance, or in case of non-]iaymont, at any time alter three o'clock in the afternoon : 7. A proti'st must contain a copy of the bill, or the oriyjinal w imt pr-ittHt bill may bo annexed thereto, and the protest must be sijjned "''"""''^ ''"''''• by the notary miiUin;,' it, ami timst specify - {a) Tlu' person at v< hose; recpiest the bill is pi-otested ; (fe) The place and date; of protest, the cause or rea.son for protestiii;^ till! bill, till! demand made, and the answer i^iven, if any, or the fact that the drawee or acceptor could not be found : H. Where a bill is lost or destioyed, or is wroiiLjly i^r acci- It liill Ih lowt, dentally detained from the |)erson entitled to hold it, or is ac- '"''''• cidentally retained in a place other than where payable, [)rotest may be made on a co])y or written particulars thereof : {). Protest is dispensed with bv any (Mrcum.stances which Knimimck fi.r would dispen.se with notici' of dishonor. Delay in notin;^ or i",','"",!!!^!'^*'** protesting is excused when the delay is caused by circum- .stances beyond the control of the holder, and not iiiiputablo to his default, misconduct or ne^li^ence. When the cause of delay ceases to operate, the bill must be noted oi- protested with reasonable dilifjfence. 10. No clerk, teller or agent of any bank shall act as a owiwr of bank notary in the protesting of any bill or note payable at the bank ""t to net as or at any of the branches of the bank in which he is emphiyed " ^^^' 5Si. When no place of payment h specitied in the bill or Liability of acceptance presentment for payment is not necessary in order acctptor as to to render the acceptor liable : presentment. 2. When a place of payment is specified in the bill or ac- tieptance, the acceptor, in the absence of an express . stipulation 1»A to tliiit rtltn^t, \h tiul ilint the liill fur iMiytiiriil oit the liny tliiit it iiialurrH, Init it'iiny niiit or iictioii ID' iiiHtitiitcil tlii'i'fun lift'iiK* |tn'Hi>ritittiuii tint vimtn tlh-li'iif slidl Ixt ill till' tllNiTi'liiiii III llif cnlli't: No i>r»t«'4t '.r ;j In order to ifriiliT tli»« iicH^>ury to |irot('Nt it, or that iioti(*i) of diHlioiior nIioiiIiI bu ((ivtMi to liiiii : I'rrwtiiitiiiriit -I. Wliirr tilt) liol(|i>r of li liill pnmt'iitH it lor |iuyitit'nt, hu for imytiinit. K|m|| (•xhiWit tlio l)ill to tlli> pcrsoii Irom whom liu iIi'IihiMiIh inivinorit, iiiiii wIm)!! n liill is paid tlii> lioldtjr hikiII turtliwith dolivor it up to the mriy paying it. lAnliilltU'M of l*ini'u'M. rtH A liill, ol' itsi'lf, doi'H not opi-rn't' as an a.s.si;;nni<'nt of t'uiiils in till' hands of tlio drawei; availiiliht for tint payment thereof, and the drawiMt of a hill who dd hy this Act is tiot liahle on the instriimuiit. FumU In Imtiili >i( dr»w«r. Liability aoc«|itiir. ■ !I1 i 5 1- 5 W^ liiahillty driiwiT. Liability indofM-r. rt4. The HCTfptor of a hill, hy acct'ptinj^ it — ((() I'iiij^'ai^'es that he will pay it a(!corilin;( to tlio Mtiior of his acpeptiii e ; (h) In pt'ecliid(! l*ill ; tilt' thoii ncut'Hs or t' II third iiu'ity to iu(h)r«c- af'cepteil ishonnred loiiinclled dishonor iH' courso h)r.so accepted shorn ired uT who is occedings lie couise drawer's or a »ub- i indorse- en a good l!»7 rt(I Whi-rt' ti piTHoii Hl/;nM a hill otherwise thiui iix ii drawihy lin'iiis the liiiliilil.ien of an iiidurser to ii I.""..'.!'!',!:,!.'—** hoMer iti due emirNe, and is .sitliject to uil this proviMioiiN of this Act ritspectiti)^' itidorsorN. iniltir'or. m. Where a hill is di.shotiori>tiire nf daniayeM M'-n^urr ; (.M) 'I'lie e.\|»ense.s of notiii'^' and protest ; (h) In the cast; of a hill which has hc'eii '- by deiiveiy :" 2. A transferrer hy delivery is not lialileoti the; insti'inmsnt : LiiiiiiHtv. 8. A transferrer hy delivery who ne;.,'otiate.s a hill therehy Wjimmty. wai-rants to his immedinte transferee, heing a holder tor valiU!, that the hill is what it p»irports to he, that he has a right to transfer it, and that at the time of transfer ho is not av/are of any fact which renders it valiudess. Dlsclumje of lii/l. 5J). A hill is discharged hy payment in due cotuse hy or i )j„, t,arK«i by on hehall' of the drawee or acceptor : inyin. nt. " Payment in due course " means payment made at or after riiytnint in the maturity of the hill to the hold' r thereof in good faith and 'l".' (-..in*e. without notiei hat liis title to the oill is defective : 2. Suhject to the provisions hereinafter contained, when a |.„y„|p„t by hill is paid l)y tlie drawer or an indorser, it is not discliaiged ; dra-.v.rur in- lj.,4. liniHer : its (a) Where a bill payable to, or to the order of, a thiid party is paid by the drawer, the drawer may enforce payment th(!reof against the acceptor, but may not re-issue the bill ; {/?) Where a bill is paid by an indorser, or where a bill payable to the drawer's order is paid by the drawer, the party paying it is remittf '1 to his former rights as regards the accep- tor or antecedent parties, and he may, if he thinks tit, strike fltVct. T : H 'U r ii^ I ■■ ;V. 1 IM ■: ;1 I m t it.,: 1!>H out hi.s own and Mii))so<|iu>nt indoi'seiiicTits, arxl aKtiiu iic^otiiitu the lull : tloM^u" '** '^- ^''*'''*' *^" accojiiiuodation hill is |»ni»l in duo cours*; hy tlie party acconnnodatiHl, tlic l>ill is discliargcr of a bill is or beconii'H tlit> li(»l(Iei'of '"••ity. it at or after its maturity, in Ins own rif,'lit, tlio bill is dis- charged. waiver. The MaiiiM, Canuelliition of bill. Of any Hixriu- tiiro. ErroneouH canet'llafioii. (Jl. When th*»holrk!r of a hill at or after its maturity abso- lutely and unconditionally rououncos his rights against the acceptor, the bill is dischargtid : the renunciation must be in writing, unless the bill is delivered up to the acceptor : 2. The liabilities of any party to a bill may in like maimer be renounced by th(f holder before, at or after its maturity ; but nothing in this section shall aftect the rights of a holder jn due course without notice of renunciation. 02. Whore a bill is intentionally cancelled by the holder or his agent, and the cancellation is apparent thereon, the hill is discharged : 2. In like manner, any party liable on a bill may be dis- charged by the intentional cancellation of his signature by the holder or his agent. In such case, any indorser who would have had a right of recouise against the party whose signature is cancelled is also discharged • t\. A cancellation jnaile unintentionally, or under a mistake, or without the authority of the holiler, is inoperative ; but where a bill or any signature thereon appears to have been cancelled, the burden of proof lies on the party who alleges that the eancellation was made unintentionally, or under a mistake, oi' without authority. <»J{. Wliere a bill or ncceptiuiee is materially altered with- out the assont ol all p iities liable on the hill, the bill is voided, e.Kcept as against a party who has himself mule, authorized, or assented to the alteration, and si'bse(pient indor.sers : Provided, that where a bill has been materially altered, but the alteration is not apparent, and the bill is in the hands of a holder in due course, such holder may avail himself of the bill as if it had not been altered, an J may enforce piyment of it according to its original tenor : 2. In pai'tieular, the following alterations are material, namely, any alteration of the date, the sum payal)le, the time of payiucnt, the place of payment, and where a bill has been accepted generally, the addition of a place of payment without the acceptor's assent. Acceptance and Payment Jor Honor. Ac>.eptance (54. Where a bill of exchange has been protested for «lis- .'«//ra protest, bonor by non-acceptance, or protested for better security, and Alteration cit" bill. Proviso. What iirn iii:i terial altera- tions. 190 is not ov»T(lue, any porsoti, not hein;; a party already liablo thereon, may, with the consent of the holder, intervene and accept the hill saprn. protest, for the honor of any party liahlo thereon, or for the honor of (he person for whose account the hill is drawn : 2. A hill may he accepted foi- honor for only part of the Tn part. sum for wh! ;h it is drawn : 3. An acceptance for honor su.jrro. protest, in order to be H<'<|uirfint)iit« vaii) lie sij^ned hy the acceptor for lionor : 4. Where an acceptance for honor does not expressly state KorwhoBP for wliose honor it is madi;, it is deemed to he an acceptanc;; '""">'■• for the honor of the drawer : ;'). Where a hill payable after sight is accepted for honor, (Jomputation its nuiturit}' is calculated from the date of protesting for non- "f ^"•"'• acceptance, and nc»t from the date of the acct^irtance for honor. O.!. Th(( acceptor for honor of a bill by acce])ting it f-iabiiity of engages that he will, on due presentment, pay the bill accord- ["XJr.'"^ "^ ing to the tenor of iiis acceptance, if it is not pai<. he has accepted. 60. Where a dishonoi'cd bill has been accepted for honor supra protest, or contains a i-eference in case of need, it must be protested for non-payment before it is presented for pay- ment. to the acceptor for honor, or referees in case of need : 2. Where the aildress of the acceptor for honor is in the same place where the bill is protested for non-payment, the bill must be presented to hiui not later than the day following its matui'ity ; and where the addnvss of the acceptor for honor is in some place other than the place where it was protestend on a (h'elara- tioii nmde liy the |iayer for honor, or liisaneiil in that hehalf, deelai'in;^ liis intention to )uiy the i.iill for iioiior, and fur whose honor he pays : Iiinl>ili»i.M,iii.l Ti VVlie'e a liill litis lireti paid for honor, .'ill parties suhse- rightM iii,iuli ,|,„,„f (,, (^in, j,„,.(,y |',„. \vhost' honor it Is |)iiid are disehai;;ed, Init the payer for honor is suliro^^Mited foriiml succeeds to lioth the lights and duties of the holder as rei,'ards the party for whose honor he pays, and all parties lialih^ to that party ; 0. The payer for honor, on payiu;,' to I lie holder tin; amount of the hill and thi> nolaiial expenses incidental to its dishonor, is entitled to receive hoth tlu^ hill itself iiiul the protest. If ihe holder does not on demand deliver them uji, ho shall lie liahle to the payer for honor in damanres : 7. Where the holder of a hill refuses to re(M'ive payment supra protest, he shall lose his riLjht of recourse a|;ainst any party who would have lieen discharijed Ity such payment. l)t'liv«'ry I layer for inniir. KrtVrt of D'luH^ll to ri'i'i'ivi' pay nn'iit. |! i I 11 IjOsI I iisI riiviciils. Hol(i»>r".s li^lii <>S. Where a hill has heen lost, hefore it is overdue, tho h)V/'inM.' "'*''' pi''>*<>'> who was holder of it may apply to the drawiM' to j,mvo liim another hill of tlui same tenor, j^dvin!,' stunirity to the drawer, it retpiired, to indemnify him aiL^ainstall piTsons what- ever in caso the hill alleered to have lieiMi lost shall he found If" refuswi. atrain : 2. If the drawer, on retpiest as alon^stiid, refuses t^o give such du{)licato hill, lu^ may bi' compelled to do so. Action on lost (j<) 1,, ,^uy ,n;tion or proceedinLf upon the hill, the court or a judii;e may order that the lo.ss of the instrument shall not be set up, provided an indemnity is e;iven to the satisfaction of the court or judjre ajijainst the claims of any otlier person upon the instrument in (Question. . Hill III M\- U|t to liiiii, and that part at maturity is oiitstandint,' in the p„',.[." '"""''"' hands of a holder in dm; (tourse, he is liahh; to the holder thel'eot' : 7. Suhjoct to the pr(U!(Mlin;^' rules, where any one |»art of a itj.,:i,arg,.. Iiill lirawii in a set is discharj^cd hy payiiKsnt or othervvirtc, the whole hill is dischar^^ed. (JoiillicI of Lams. 71. Where a hill drawn in one country is nei^'otiated, k,iI(m wln-ro accepte(i or pa,yahle in another, the ri;;fhts, duties and lialalitic's Ihwh c.mflict. of the parries thereto are dett!riiiine(| as follows : (d) The v;ilidi(y of a hill as regards re(pii.-.ites iti form is Viilidity, how det»!rmined hy the law of fcli« place of issue, and tlie validity d«'tr««"''eot, protest of a hill, is determined by the law of the place where such cont.act is made : Provided that where an inland hill is indorsed in a foreign pn.viHo. country, the indorsement shall, as reifarrls the payer, he inter- preted accordinjij to the law of Cana<. Evidence of protewt. (e) Wlien; a bill in drawn in one country and is payable in another, the due date thereof is determined according to tl>e law of t)»o place where it is payable. (/) If a bill or note, presented for acceptance, or payable out of (Canada, is piotested for non-acceptance or non-payment, 11 notarial copy of the j)rotest and of the notice of dishonor, and a notarial certificate of t\n'. service of such notice shall be received in all courts as prima facie evidence of such protest, notice and service. PART III. CHE(/UE.S ON A HANK. If 1 j?= Hi i Checjue de- fined. 11*4. A che(|ue is a bill of exchange drawn on a bank, pay- able on demand : C ta" ) ov' ^' E-^c6pt as otherwise provided in this part, the provisions 8io..8 to apply, of this Act applicable to a bill of exchange payable on demand apply to a checpie. PreBentiiient of cheque for payment. 73. Subject to the provisions of this Act — (a) Where a cheque is not presented for pajnuent within a reasonable time of its issue, and the drawer or the person on whose account it is drawn had the right at the time of such presentment, as between liim and the bank, to have the cliecjue paid, and .sutlers actual damage through the delay, he is dis- charged to the extent of such damage, that is to say, to the extent to which such drawer or per.son is a creditor of such bank to a larger amount tlian he would have been had such cheque been paid ; {!>) In detei-mining what is a reasonable time, regard shall be bad to the nature of the in.strument, the usage of trade and of banks, and the facts of the particular case ; (c) The holder of such che(iue, as to which such drawer or person is discliai'ged, shall be a creditor, in lieu of .such drawer or per.son, of such bank to the extent of such discharge, and entitled to recover tlie amount from it. Revocation of '^^- '^^^^ duty and authority of a bank to pay a cheque hank s anthm- drawn on it by its customer are terminated by — '*y' {(t) Countermand of payment ; {b) Notice of the customer's death. Crossed Cheques. 15. Where a cliefjue bears across its face an addition of — (a) The word " bank " between two parallel transverse lines, either with or without the words " not negotiable ;" or — (h) Two parallel transverse lines simply, either with or without the words " not negotiable ;" General cross- ing defined. 20M Thdt addition coiHtitutes a cTus.sin<,', ami tlio cliet|Uo is crossed jtetierallv : 2. Where a cMc'i|iie bears acro.s.s its face an addition of the •^I'fciftlcnmn- nanie of a hanl<, citlier with or witliont tlie wonls " not m'}j;«)ti- '"**■ able," that addition conHtitutes a crossing, and the ciuM|ue is crossed specially and to that bank. 70. A che»|ue may be crossed generally or specially by the rioHdiiK by drawer : r" ti. Where a chenue is uncrossed, the holder niav cross it r J T'* ,, , J, '' I't'nt'ral or generally or specially : Hit-ciai. 3. Where a checpie is crossed generally, the holder niay.Mnyj^, cross it specially : vaiini. 4. Where a che(|ue is crossed generally or specially, the \v,,rf drawer writing between the transverse lines, and initiallin^r (uosHcdclieiiue the same, the words " pay cash." 77. A crossing authorized by this Act is a material part of cr..ssing in a the chetiue : it shnll not be lawful for any i)erson to ol)literato "'aV'""'' i"""'- I If CilHIlHf or, except as authorized by this Act, to add to or alter the crossing. Cheque of— ie lines, 78. Where a clieipie is crossed specially to more than one Duties "f bank bank, except when cr )ssed to another bank as agent for collec- a-^ tocmsHed tion, the bank on which it is drawn shall refu.se payment''^''""*' thereof : 2. Where the bank on which a che(|ue so crossed is drawn, Li;vi,iiity for nevertlieless pays the same, or pays a clie(|ue crossed gonti-ally impioiter ^ay- otherwise than to a bank, or, if crossed specially, otherwise ""'"^" thaii to the bank to which it is crossed, or to the bank acting as its agent for collection, it is liable to the true owner of the cheque for any loss he sustains owing to the cheque having been so paid : Provided, that \vh(;re a cliccpie is presented for payment wiun liability which does not at the time of iircseiitment aiiix-Jir to be crossed, '^"•* ""'^ '•^^' or to have had a crossing which has been obliterated, oi to have been added to or altered otherwise than as authorized by this Act, the bank paying the cheque in good faith and witli- out negligence shall not be responsible oi" incur any liability, nor shall the payment l)e questioneii by reason of the eheijue having been crossed, or of the crossing having been obliterated or having been added to or altered otherwise than as author- ized by this Act, and of payment having been made otherwise cni' 204 Ri «i ,! 'IB' Protocticiii t" I tank niid drawer wlnii' cli»'(|ui' is croHHcd. than to a hank or to flic Vwiiik to which the cIkmihc is or wan ci'OHsed, or to the h;inl\ actin;^ um its iiy;«Mit Tor t'fjllt'ction, as the case may he. 71). Wlicru the hank, on which u crossed chctiuc is (h'awn» in jso(u\ faith and without nc^^li .(cncc pays it, if crossed <,fcner- aily to a hinik.or, if crossed specially, to tlic hank to which it is crossed, or to a hiink actiiiif as its jii,'('nt for collection, tho hank payijijf th(! clit'(|uc, and if the chc'iiic lias conic into tlic hands of tlie payee, the U3o»l not lit! prest'iitnil for payiMunt so lon^ as it is htdd as such st-'curity : 2. In dctoiininin}; what is a rcasonalijc time, lej^ard shal' K.-anonaljU bo had to tlu' nature of the instrument, the usaire of trade- ^""*' and the facts of tht( particular case : ;}. Where a note payahle on deinanii is negotiated, it is not Dtrpctn with- th'emeii Lo l>e ovenlue, for the purpose of atloctini,' th(i liolder '""' ""''*'*■ with defoetH of title of which he had no notici^, hy reason that it appears that ansasonahle time for jiresentin^' it for payment lias tdapsed since its issue. 80. Where a pronuRsory note is in tluj liody of it made Pr.-it.ntmnnt payable at apartieular place, it must he presented for payment "'""'*' '"' at that place. Ihit tlu; maker is not discliari^ed by the omi.s- " ' sion to i)resent the note for ])ayment on the day that it nuitures. But if any suit or action is instituted thereon a;;ain.'«t him before pi-esentation, tlu; costs then^of shall be in the discreti(;n of the court. If no plact> of payment is speciitied in the body of the note, presentment forpa\iiient is not necessary iti order to render the maker liable : 2. I're.sentment for payment is necessary in order ti> render liiubility. the indorser (jf a note liable; : .">. Wh(!re a note is in the; l>ody of it made payable at a riiic.sifor pre- particular place, presentment at that place is necessaiy in order "I'l't"'*'"' to rendei' an indorser liable ; but when a ()lace of piiyment i.s indicateil liy w.iy of memorandu ii only, [)resentment sit that place is sutlicient to i-endei- the inf ft'"'"'' indorser of a note shall be deemed to correspond with the drawer of an accepted bill payable to drawer'.s order : 3. The following provisions as to bills donot apply to notes, what provi- namely, provisions relating to — sionBdonot (a) Presentment for acceptance ; '*''^' ^' (6) Acceptance ; 'Jnr; % ■'I ■ i A* to fi>rcit(>i notv. (r) AcctiptHlK'c mijna pi'dtest ; (d) Rills ill n HC't : 4. Wlicif a Forii;;!! imtc is tli.shoiioitMl, protest tlujreot' in iimit'ccsHHiy, except lor tlie preservation of the liuliilities of indorsers. i>l)0(l fultli HiKiiiriiri', An to u()i|iiiiii ti'tiis. <'iitiitioii of tiint'. Wlieii TiiitiiiK is eiinivalent to protent. pAirr V. sri'l'l-KMKNTAKV. HJ). A tliiii;^ is "leeiiu'il to )«• tloiie in <,'oo(l t'aitli, wifliin the nieniiinif of tiiis Act, wliei-e it is in fiict iloiie honestly whether it is (lone ne;;li;;vntly oi- not. IM). Whefe. liy this Act, any instniiiient or writini; is i'e(|uire(l to he sij^ncd hy any peis(»n, it is not necessary that lie shuiild si<^n it with his own hand, hiit it is sntlicient if his si^^nattire is written thereon hy some other person hy or under his anthoiity : 2. In the case of h corjtoratioii, wliere, hy this Act, anv instrument or writing; is required to ho siijned, it is sufficient if the instiuinent or writinj^ is didy sealed with the corporate seal; hut nothin;;' in this section shall he construeil as ri'ijuirine- the hill or note of a corporation to be under seal. J) 1 . Where, hy this Act, the time litniteil for dnin^ luiy act or thini; is less than thiee ilays, in reckonini;' time, non- business da\s are »;xclurled : " non-husiness days,' for the [)urposes ot this Act, mean the ilays mentioUfid irt the four- teenth si'ction of this Act ; any other day is a business day. 9*4. For the purjxjsjs of this Act, where a hill or note is re([uire(l to be protested within a specified time or before some fiirther proceeilinjr is taken, it issulhcient that the Itill or note has been noted for protest l^efore the expiration of the specified time or the taking' of the ]>roceedin;,' : aud the formal protest may be extended at any time thereafter as of the date of the noting-. Prott'.-t acL'fsHible. KxpenoeH. Fees charge- able. Forms. DJ-J. Where a dishonored liill is authorized or recjuired to be protested, and the services of a notary cannot be obtained at the [)Iace where the bill is dishonored, any justice of the peace resident in the place may presiint and protest such bill and eive all necessary notices, and shall ha\e all the necessary powers of a notar\' in respect thereto : 2. The t'Xpense of noting' and protesting- any hill or notci and the pci>ss)iry cliari;^'t>H in tliat bi'liiilf inad<> in tliu form.H ; ■*). A protest (if liny bill or nott*, and any copy thcntof tui Kviiii-noHtif copiod by till! notary urjustict' of tlu; pcai-o, sliall, in any ai-tion J|'[^^|'JI',',',f'*ij,'"j Im' in'uiut j'dcir cvidmiH' of pn'stjntittion and dislionor, and noticf. also of sorvict! of notice of sucli prusentution and dishonor as .stated in such protest. 94. 'i'lie provisions of this Act as to crossed cheiiues shall I'iviiltiid war. apply t(j a warrant for payment of dividen-'. [■'rc'MH.'d'*^ ^ l)rt. 'I'lie enactments mentioiuid in the second schedule to K imhI. this Act ail' hereby repeale(l, as from the commencement of this Act, to the extent in that seheilnle nmntioned : Provided, that siieli n-peal shall not nlfeet anythin;^' done or l'''"^"'*'" sullered, or any riijlit, title or interest acijuired or accrued bofore the counueiUMiment of this Act, or any lej,'al proceedin-^ or remedy in respect of any such thirii;, ri^ht, title or interest : 2. NothiuLf in this Art or in any repeal eth^eted thereby ]^J/"",',|;"''' .shall atleet the provisions of " '/'Im Hunk Act:" iitl'fi;t«nct', office (n* Usual j)lun> \iirii I'lihlic. (Italr mill pljin:) IN . Due notice of theal)ove was by me .serveil upon I / 1 i) ' [ the •< *. "I^'''' I ptrtsonally, on tho day of ( indorMcr, j ' •" •' (w. at !p.i residence, oHIce or usual place of business) in , on the (lay of (or, by deiMtsitinff such notice, direct«'d to him, at , in Her Majesty's post otlico in tiie city [town or vilhi^'e], on the day of , and prepayinj^ the postn^'e thereon.) (Dull' iind place.) IH A.H.. Xutury Public. FoKM li, I'RfrrKST KOH NON-AC'KPTANCK oil Foil N Haiti ilii'. i)sitinf< (lay II Idic. V A Bil.i. IS . I. «Uin.!4 lit )V a true thoreot' mI; nnt) acceptor, said tiill, t;xchan<;e, esent and n. Pnhlic. to iIkI dt niatid ' KoUM ('. rUDTKMT FOH N<»N-Ar('|.:»T.\NU NoN- PAYMENT OK A Ml.L I'AVAIir.K AT A MTATKI) IM.ArK. {(\>py of liiH mill Inih>tveui<'iilH.) On tliis day uf , in flic y«'ur IH , T, A.B., notary puMic for tli«« l*ioviru*o of , dwi-lliiix At , iti tlu) i'n>viiicc of , At IIm! n'<|ii<-Ht of , did t'xliil>it tht« original liill of t'xclianj,'^, wlitTKof a tnii! copy is altovt- wiitti'ii, unto K. K. tlio < , tiicrcot. at . licinL' tlii> Ntated { acceptor ) " plucc wlifH! the said hill is payal'lt', and then', spcaUinj; ('ciptimci' j ( payment j of the said hill ; unto wliicli deiiiiind h'' answered : " ." Wherefore I, (he s.ud n'lliuy, ut die i(M|iiest iif(irereto oi therein eoncerned, for all exchan;,^!!, i'e-oxchan;,'e, costs dHniaites and interest, present and e L i' \ lU'ceptanee | ., ., ... .,, to come, ior want ol ' . n\ the saiil hill. I payment ) All of which I attest hy my si;,,'naturo. (Protested in duplicate.) A. H, Not a I n I'ahlU'.. i'oUM I). PUOTFST I'Oll \()\-l'AVMKNT OI' A I'.ll.l. NOPKI), HUT NOT I'ltoTKSTKI) I'Dll .NO.N-ACCKI'rAM K. If llif pi'oto.Ht is mode 1)1/ l/ii' sKnw nodu'i/ iv/io voted fhe hill it .slioii.ld iiiniD'didli'lii f'dlloiv the dct of iiiithi'/ (tiul uicmordn- dnoi of nc.i'i'h'c llii-rvof, mid lii'ij'i n ivitli (In words, ' and iit'ler- wards on, etc." cinili n ni n;/ os in tlo' l.\liil)it the iri^itiiiJ |iroiiiiNHory iiotu, wlifrcot' u trim copy Im hIiovc writt«tii. unto , tin- promisor, pfiHomilly, (nr ni Wis iVMidi'tjci*, ulllci' or iisiiiil pliu-M <»t' liiisint'.Hs), ill , Hiiil speaking to liiiiiHcIf nr his wile liit cii-rk, oc liiw Hcrvant, etc.), • lid il(!iiianil piiyinunt tlM>t'«>oi' ; unto wliicli •l)>iiMinii . ■ , iin.sw»>re I, till' Muiil notary, at the r('(|U('st afoirsuid, have protcsti'd, and liy tlit'sc prusonts do protest, a;:iiitiHt tin* pro- inisoi' iintl iiidorHitr.H of tlit3 said note, and all otlici parties tliure- to or therein eonoerned, for alt costs, daiiifi;,feH and interest, prosctnt anil to eome, foi wnnt of pnyinont of llie snid n )te. All of whieh I attest l>y my si;;natiire. (Protested In diipliciito). A H , Sottiri/ I'uhlii . KoKM K, I'ROTKST Kolt \0\-I'.VVMI;NI nr .V NoTI', l'.\ VAIII,!''. AT A STArKI) I'l.ACK. (Cop;/ (if iVo/c II ml I ndiiniiiuicnlH.) On this day of , in the year IS ,1, A.H., notary puhlie for the Province of , dwtdling at , in the Province of , at the reipiest of , did e.xhiliit the orij^dnal pioniiHsiMy noti'. whoreof a true copy in altove written, unto the proini.sor, at , lieing tlie stated place where the said note is payablt;, and there, speakinj,' to did deimuid payment of the said note, unto whieh demand he answered : " ." Wherefore I, the said notary, at the request aroie.said have protested, and by the.se {)reseiits do protest, aj^ainst the pro- misor and indor.sers of the .said note, and all other parties there- to or therein concerned, for all costs, damages and interest, present and to come, for want of payment of the said note. All of which I attest by my siifnature. (Protested in duplicate.) A. B., Notary Pahlic. Sll KoHM (i. NOTAHIAI NoTHKoKA NoTINd, ou »•> A rfUiTrMT foil NONAC- < KI'lANt K. OH OK \ IKoTKMi Kt>U NoN.J'AVMKNT nt \ mi,|.. (/*hn'f ninl Ihtff of Niitlnff or of I'roteHf.) ht At To P. g, {the ilniirer.) d«yi SI. . Y<»iir Mil (»t' txoluinf^ii for $ , .latcd at ^''" . upon K.K in favour of C.l). piyald.' ''*'*"" I iTiit.' ' I ^*"^ ^''''' '''^y' "^ '•"' ''''jno^t of • lulv ^ ''<'t«'«l ) , , » non-aecoptan-c ) ""> I pr..t..Ht..l I ^'y •"« f'**- , no,, payLnt. | A. B.. Notarif /'iihlii', {I'lact ami Dufi <>/ .\'i,f',ii(f ov of' l*i'otfnl > 2n(l. To C. I). (IndofHer), (or K. (i.) at Sir, M,'. I'. Q.'s hill of oxpluin;,'(' fo,- * , (lato.l at the , upon Iv K., i,, ymii- favour (or In I'nvour of CD.), payable ,|ay,H after | ;','^^'',^' | aiul l,y you ..n.|o,-,s...l, wan this (lay, at the ic(jui!Ht of , "" '••' I „on-pay„,ent. ) A. ({., Xotarif I'lihllc. Form H. NOTAItlAI. NOTi; K •»h' I'llOTI-Xl' FOR NON-l'AVMENT OK A NOTK. (Plaet' and Date of J'rofesf.) To at Sii' , dated at Mr. P (.I's pro,ni.SHory note for i* i day.s \ . the payal.le -j montli.s [ after date to ( on ) I E. F. y "'■ °'"*^^'' "^"'^ indorsed by yoi,, was this day, at the request of , duly piotested by ,ue for non- paynient. A. R, Notary Public. 212 it:. i;: it, i f FoiiM I. NOTARFAL SKUVICE OF NOTICE OF A I'KOTKST FOR NO.V-ACCF.PT- ANCK OK NON-PAYMKNT OF A HILI,, OK OF NoN-l'AVMENT OK A NOTE (/() he Hiihjnineil tn t/ia I'roff'Hi.) And aftorwanlM, I, tho utbresaiil protestiii;^ notary ])ublic> •(lifl serve duo notice, in the t'onii prescribed \>y law, oF the p „ • i. J. i' ( non-acceptance ) - ,i ( hill 1 loreL'oin!' protest ior ■; ' . of the < . >• '^ ** ' I non-payment ) ( note j thereby protested upon I J*; ^^:' ] the \ '.'•'{^'^'^ I per- •' ' ' ( C 1)., ) ( indorserH ) ' sonally, on the day of (***•, at his residence, office, or usual place of business) in , on the day of ; [^or, by depositin^j such notice, directed to the said ! /V A' at , in Her Majesty's pctst office in , on the day of , and prenayinpf the postage thereon). Tn testimony whereof, [ have, on the last mentioned day and year, at aforesaid, signed these presents. A. B., Notary Public. Form J. PROTEST BY A JUSTICE OP THE PEACE (WHERE THERE IS NO NO- TARY) FOR NON-ACCEPTANCE OF A HILL, OR NON-PAYMENT OF A BILL OR NOTE. (Copy of Bill or Note and Indorsementn.) On this day of , in the year 18 , I, N. 0, one of Her Majesty's justices of the peace for the district {or county, etc.), of , in the Province of , dwelling at {or near) the village of , in the said district, there being no practising notary public at or near the said village {or any other legal cause), did, at the request of and in the presence of , well known unto me, exhibit the original -j . > whereof a true copy is above written ( drawer "J unto P. Q., the < acceptor [- thereof, personally (or at his (promisor j residence, office^ or usual place of business) in and speaking to himself (his wife, his clerk, or his servant, etc.), did demand < f i thereof, unto which demand f he I she answered Wherefore I, the said justice of the peace, at the request aforesaid, have protested, and by these presents do protest 213 ( drawer and imlorsers "v Bgainst the -promisor and it.dorsers I of tho said i bll ^ acceptor, drawer and indorsers j { note I ""^' *" other parties thereto and therein con- cerned, for all exchanjre, re - exchan.'e. and ail eosts \ payment | ^^ ^^e said | ^1^^'^ | iAil ■ •'^^'f^ '•" ^^ •^^'^''^ presents attested by the signature of the said (fjw. wUm:s.s), and by my hand and seal. " (I'rotested in duplicate). (Sijpiafure of the Wi.fness). (Sifjnafure and Seat of the J. P.) SECOND SCHEDULE. ENACTMENTS REPEALED. Province and Chapter. Dominion of Canada : Chap. 123, Revised Statutes. Province of Quebec : Civil Code of Lower Canada. Nova Scotia : Revised Statutes, third ser- ies, chctp. 82 Title of Act and extent of Appeal. An Act respecting Bills of Exchange and Promissory Notes.— The whole Articles 2,279 to 2,35.t, both inclusive.* New Brunswick : Revised Statutes, chap. IKJ, 80, Vic, 18'37,chni. 3t. Of Bills of Exchange and Promissory Jotes." Section 2. The otlier sec- tions of this chapter have been here- tofore repealed. "Of Bills, Notes and Choses in Action." bection 2. The other sections ot this cnapter have been lieretofore re- pealed. An Act to amend chap. 116 of the Re- vised Statute.^, "Of Bills, Notes and Choses in Action;" also Act 12th Victoria, chapter 39, relating tliereto. Section 1. to biU^oWJSal^^SXS -J'^!^^^^ t m 5 4-5 5 VICTORIA. CHAPTER 17. An Act to amend " The Bills of Exchange Act, 1890." [Assented to 28th August, 1891.] HER MAJESTY, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows : — 53 v., c. 3a, 1- The parafjraph lettered (a) of sub-section one of section par. (a) of s, 11 eleven of " The Bills of Exchanr/e Act, 1^90," is liereby repealed reiieaind. ^^^ ^y^^ following substituted in Heu thereof : — " (a) At sight, or at a fixed period after date or sight." Section 12, '3. Section twelve is amended by inserting after the word amended. " payable " in the third line thereof the words " at sight, or." Section 18, amended. li. Section eighteen is amended by inserting after the word " payable " in the first line of sub-section two thereof the words " at sight, or." ■ i Section 24, amended. Provision as to forged in- dorsenipnti*. 4. Section twenty-four is amended by adding the following sub-section : — " 2. If the drawee of a cheque bearing a forged indorsement pays the amount thereof to a subsequent indorser, pr to the bearer thereof, he shall have all the rights of a holder in due course for the recovei*y back of the amount so paid from any indorser who has indorsed the same subsequent to the forged indorsement, as well as his legal recourse against the bearer thereof as a transferrer by delivery ; and any indorser who has made such payment shall have the like rights and recourse againgt any antecedent indorser subsequent to the forged indorsement, — the whole, however, subject to the provisions and limitations contained in the last preceding sub-section." fi -f Section 40, amended. 5. Section forty is amended by inserting in the second line thereof, after the word " payable " the words " at sight, or." Section 41, amended. 6. The paragraph lettered (a) of sub-section two of section forty -one, is amended by striking out the words " or bankrupt " n the first line thereof. , 1890." 1891.] it of the macts ns f section repealed It." the word ight, or." the word sieof the following [orsement pr to the ler in due from any he forged he bearer sr who has 1 recourse he forged provisions lection." 215 becomes bankr^lpt'^^r'" '[^'X!'-'^ '^''''"•^ '"' th,- words Secti., m. 7. Section fifty-one jecom thereof. first line of sub-section five """""'•^i- law m'erchan^'slwo^- ^ ""T''^" 'r' "*" ^"«''^"^'- including the Application ..f law meithant, save in so tar as they are inconsistonf wi/l^ .u! •'•""■'"" L«w iecond line ght, or." of section bankrupt " :i INDEX TO BILLS AND PHOMISSORY NOTES ACT. II ' ' 111 Paoi. ACCEPTANCK, definition and requiHitieH of 183 Time for 189 (ifc-neral and qualified 183 Option of holder to taku ({ualiHed 190 Acceptance for honor t08 Acceptor, liability of 106 Acceptor for honor, liability of . 199 Prt'Hentment to 199 Accommodation bill or party 188 Act, coming into f.)rce of thm 207 Act of honor, notarial 200 Acts ot Knglihh Parliament not in forco in Canada 207 After Bight, bill payable 180 Agent, person signing um, liability of 184, 206 Allonge, validity of indoraement on 187 Alteration of bill or acceptance 198 When material 198 Antedating not buflficient to invalidate bill 180 BANK defined 177 Authority of, to pay cheque, how revoked . 203 J )utieH of, an ti> croHsed cheques 208 Protection of. aH to crosHed cheques 204 Bank Act, the, not uffectcd by this Act 207 Bearer defineii 177 Bill, or bill of exohauKf, ilelined , . 177, 8 Blank f'ignaturu 182 CANCELLATION of bill 198 Of party's signature, effect of . 198 Pi oof of intention 198 Capacity of parties 183 ~ ■ ■ 181 203 202 203 202 203 203 203 203 204 Case of need Cheque defined What I rovisions apply to .. I'reseiitment I'f, for pa.> merit Revocation of bank's authority to pay Crossed generally or specially Who may cross Crossing is a material part of Cio.ssed, du'ies of bank as to .. C^o3^ed, protiction to paying bank and drawer as to Crossed, i)rotection to collecting bank as to 204 Crossed, " not negot able " 204 Collateral security, pledge of, in note 204 Commencement of tnis Act 207 Conflict of laws, rules as to 201 Consideration, what constitutes 1«5 Usurious 186 Consisting of purchase money of patent right 186 Construction of this Act with other Acts 207 Contingency, instrument payable on a 180 Corporation, seal of 206 DAMAGES, measure of, against parties to dishonored bill 197 Date, omission of, in bill or acceptance 180 Prima facie evidence 180 On Sunday or other non-juridical day 180 Days, how reckoned 206 Days of grace 180 Defective title 185 Defence defined . . 177 INDEX. 217 Vaob. 182 182 182 190 198 196 199 199 185 207 . 200 . 207 180 184, 20« 187 198 . IM . 180 177 202 203 204 '207 177 ;. 177,8 182 198 198 198 183 181 202 202 202 202 202 203 203 203 204 204 201 204 207 201 1«6 186 186 207 180 206 197 180 180 180 206 180 IBS 177 Delivery di^fined 177 Ni'ceHHary t" oomplftp fontract *88 Whttt BiiioiititN til 188 By w liom it nemt iw made 188 Coiulitidiial or for N|i<>cial |iur|M)H(4 188 Demand, bill payabln on 178 UiHuhargti of l)ill by |iaynient in due courHi' 197 Hy acceptor bvcominK liolder at maturity 198 Hy uxprPHH waiver 188 liy cancellHtion of bill or Hi({naturo 188 Ky alteration of bill 198 Dishonor by non-acceptance, and ita conHe(|uencM 190 Ily non-payment IM Motic*' of, and effect of non-notice 1" Rulen 8H to notice of 192 KxcuHeH tor non-notice and delay 194 Dislionored bill, nieoHure of daningeH againHt partieH to 197 Dividend warrantH, croHHing of 207 Drawee, when name pernon tut drawer 178 KictitiouH 178 A! ore than one 178 Not liable without acceptance 196 Drawer, liability of 196 KNOLISH Acta not in force in Canada 207 FEES chargeable by notaries 206 Foreign bill 178 Forged or unauthori/.cd Hignature 184 IndorHement on cheiiue 184 Forms : — A. Notinj,' for non-acceptance 207 H. Proteat of bill payable generally 208 C, I'rotfcHt of f)ill payable at statct^ ,.nce 209 D. Proteat of bill noted for non-acceptance 209 K. Pioteat of note i)ayable generally 210 F. Proteat of note payable at stated place 210 (J. Notarial notice of noting or protest of bill 211 H. Notarial notice t)f proest of note 211 I. Notarial servioe of notice of protest 212 J. Protent by a justice of the peace 212 GOOD faith deKned 206 Presumption of 186 HOLDER defined 187 Rights of 188 General dutiea of 189 Duties of, as regards drawee or acceptor 196 Holder in due course 185 Holidays 180 INCHOATK in^tninient " 182 I'romiiiKory note is, until delivery 204 Indorsement defined 177 lie(|uisites of a valid 187 (Conditional 187 In blank or special 187 Restrictive 187 Striking out of 197 Indorser, liability of 196 Who IS liable as 197 Inland bill 178 Interest, when it begins to run 179 Interpretation of ter.ns 177 Issue defined 177 JUSTICE of the pence, protest by 206 LAWS, conflict of, rules as to 201 Legal holidays 18© Liability, signature essential to I84 Liabilities of parties 19g Lost bill, holder's right to duplicate of 20o Action on 20 MISSPELLING of name of payee or indorse e 187 Month defined 180 15 ( .) 218 INDEX. 1 Paok. NAME of payee or indorHue mitapelt 187 Negotiation ffefined 186 liy delivery ... 186 Jly indoriement 186 Of ovi^rdnn or dishnnnred bill 188 To party already liable on bill 188 Non-|)aynient, diiih.mor by 103 Non-preiipntinent, excuRea for 191 Notarial act of honoi . . . 200 Notary, when juHtici* of th« peace may replace 200 KenM recoverable by .... 906 Notedcfined 177 Notice of dishonor, to whom it munt be given 103 KuloH an to 109 Not re<|uired to acceptor 196 Noting or proteMt of dinhonored bill 194 When «>quivaUmt to proteiit 306 186 179 197 199 180 180 180 189 195 106 191 199 199 202 186 184 204 204 204 205 205 206 206 194 196 195 196 196 206 206 PATENT right, bill or note given for Payee, certainty rnqnired as to Payment in due course for honor Postdating Presentment for accei>tance, when neceHHary Time for, if bill payable after sight Rules aa to Presentment for payment, rtil^H as to 190, When necessary ExcuHps for not making To accentor for honor ...... To caHe of need Of cheque Presumption of value ond good faith Procuration signature Promissory note defined Unlivery necessary to complete Joint and several Payaiile on demand Pre.ecia1, by drawer or indorser 182 Stranger sifirning bill, liable as indorser 197 Sum payable must be expressed in money 178 If expressed in foreign ciirrency 201 Certainty required in statement of 179 Discrepancy between words and figures 179 Sunday, bill dated on 180 '^n.VIB, computation of 206 Of payment, computation of 180 ""iU", defective 185 "■ .isferrer by delivery, liability of 197 c . .TJRIOUS consideration 186 VALUE defined 177,186 ^ Presumption of 186 Paor. 187 186 186 186 188 188 loa 191 aoo aoo 906 177 103 103 lOS 194 806 . . . 186 179 197 . . 109 180 189 .. 180 189 190, 196 196 191 199 199 202 185 .. 184 204 204 204 205 206 206 206 194 196 196 195 190 20fi 206 180 194 . . 207 ... 20fi ... 201 ... 1 . . 1 .. li . 184 ... 184 ... 206 ... 206 . . 182 . . 197 178 . . 201 . . 179 . . 179 . . . 180 . . 206 I ... 180 . .. 186 197 . . . 186 177, 186 186