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SUPPLEMENT TO O'BRIEN'S Division Court Manual CONTATXrxa TItK AMENDMENTS TO THE DIVISION f.'OUIlTS A(;TS passed in 1882, 1884 & 1885. TOCKTHKH WITH THK NEW RULES AND TARIFF OF FEES WHICH CAMK INTO KOItrR .lAXUAUY 1, 18S5. TO WHICH IS ADDED A Complete Digest of all the Ontario Cases decided SINCK TKH rriUJCATION OF THE PKEVIors I'AUTS OF THIS WORK, PREPARED P.Y THE EDITOR; ANT) A LIST OF DIVISION COURT CLERKS AND BAILIFFS CORUECTED TO DATE, AND A CdMrLETI': INliKX T'l TIIH MANrAI. i»F l^-^O ANH THIS sri'l'LEMENT- TORONTO: CAUSWELL & CO., I/AW PUHLISHERS. ls8o. Entered according to tlie Act of Parliauieul of Cunada, in tlie yuar one thousand eJKht hundred and eighty-Hvt.-, liy HtNhV U'iJuiEN. in the Ottice of the Mini:-ter of Ai,'iicnlture. mt CONTENTS. PAOF. 1. AmenclmentH t<> the Divisiim Courts Acts, and special provisions rolatin;^ to Division Courts in tlie Dis- tricts of Nipissing, Muskoka, Parry Sound and Tiiundor liay— 45 Vict. chap. 7, 1882 135 11. An Ajt to amend the Division Courts Act — 47 Vict. chap. !>, 1884 13!) TIT. Secti .18 V), 10 and 11 of an Act for further improving ti,e Administration of the Law, and amending cer- tain clauses of the Divisiim Courts Acts— 47 Vict. chap. 10, 1884 140 TV. Division Courts Amendment Act, 188i>— 48 Vict. chap. 14, 1885 142 V, New llules, Tariff of Fees, and Forms of Bills of Costs. . 150 VI. DiL,'est of Ontario Cases decided since the publication of previous parts of this work 157 VII. List of Division Clerks and Hailiffs in Ontario 172 VIII. Index to Manual of 1880 and last Supplement combined. 181 I DIVISION COURTS ACTS AX I) iiTllKli ACTS AFFKCTFNf! PROCKDniK IX niVISlON COrRTS PASSED SINCK THK DIVISION corUTS ACT, 18S0. 45 Vict., Ciiaptku G. An Aft relatimj to Divixion Coarfs in the Districts of J^fipissinij, MnA-oka, Parry Sound o.nd Thunder Baij, tmd to aracnd, the Division Courts Ads. [AsKoitrd to loth March, JS8J.] TTER MAJESTY, by and with the advice -■— ■- and consent of the Legislative Assembly of the Province of ( )ntario, enacts as follows : — 1. The following sections of "The Division Certain sec- Courts Act of LSSO," namely: sections two to *!""V':f ^^■'• „ 1 ,1 ■ 1 • 1 "^ • 1 '*'"" Courts nve, both mchisive, and seven to eighteen, both Act of isho to inclusive, and twenty to forty, both inclusive, i',',-'']^,,/'" '^'*'' and fifty to sixty-eight, both inclusive, shall Xipisnini,', etc. extend and apply to the temporal judicial dis- trict of Nipissing and the territorial districts of Muskoka, Parry Sound and Thunder Bay, and to the Division Courts held or to be held • therein; but nevertheless where the jurisdic- tion of the Division Court in any of such districts heretofore existing exceeds that con- ferred by the said " Division Courts Act of 18S0," the latter shall Tiot limit or reduce the existing jurisdiction, but the jurisdiction hereby conferred shall be concurrent with that here- tofore given and exercised, and shall be cumulative in its eti'ects. C; / *-■ ■ 136 NI PISSING, MUSKOKA, ETC. [45 v.. c. »;, (2) Notwithstanding anything in this section contained, the right of appeal as it exists undov the jurisdiction now exercised by Division Courts in the aforesaid districts, shall not hy this Act l»e altered, and such right of appeul hereby conferred shall extend only to that class of cases tried within the said districts in which an appeal may be had under the " Division Courts Act of 18S0." (3) As applied to the aforesaid districts, the words " ten days " where they appear in the eighteenth section of the " Division Courts Act of 1880," shall be read " twenty days." (4) For the purposes of appeal in cases tried within the said districts, and as applicable to such districts, the following section shall be substituted for section nineteen of the "Division Courts Act of 1880": 19. Upon any application for a new trial in any cause wherein either party may appeal, personal service may be effected, or all papers requiring service may be served upon the clerk of tho Division Court where the suit was tried, or left at his office for the person entitled thereto. The clerk shall, in such latter case, forthwith mail by registered letter all such papers so served upon him to the person enti- tled to the same, or his authorized agent. f 'S^re ijeli '^' ^^^ following words of the thirteenth \n partf^^"^ '^ section of the ninetieth chapter of the Revised Statutes of Ontario are hereby repealed, namely : " And except that the provisions of law authorizing the signing of Judgment by default for want of a notice disputing the plaintiff's claim, or authorizing the garnish- ment of debts or money demands, shall not 4r, v., c. (•).] LKAVK OF AIWKNCE. 137 apply to the said Division Courts," Imt tlie said provisions of the Division Courts Act, and of any anuuidnionts thereto, anthorizin;,' the •signinj,' ot' judj^nnent l)y default for want"' of a notice disputin;,' the pjaintiif's ("hiini. and the provisions of the said J)ivision Courts Act, and of any amendments thereto, authorizing the garnishment of debts or money ih;mands, shall apply to the Division Courts in tin- tem- porary judicial district of Nipissintj and in the said territorial districts of Muskoka, Parry Sound and Thunder Bay, in respect of and as such provisions shall atl'ect any and nil cases comino; within the jurisdiction conferred l)y the J)ivision Courts Act, or any amendments thereof, or by the " Division Courts Act of 1880." 3. Leave of absence may be granted bv the insix^ctor ina.\ Inspector of Division Courts to any clerk or KLlf "J' "^ bailiff for a period not exceedinfj two months, clerks or In the event of leave of absence being so "^"'"•^• granted to any clerk, he may from time to time, with the approval of the Inspector of Division Courts, appoint a deputy to act for him with all the powers and privileges, and subject to like duties. He may remove such deputy at his pleasure, and the clerk and his sureties shall be jointly and severally respon- sible for all the acts and omissions of the deputj'. 4. Where a bailiff' is temporauly unable to Apimintment perform the duties of his office from illness, baiiitf!"*^ '^ leave of absence or other temporary disability, he may from time to time, w th the approval of the Inspector of Division Courts, appoint a deputy to act for him, with all the powers and VSH TUANSCRIl'T. [45 v., e. t;. privilegOH and subject to like tluties, and may roinove such deputy at his pleasure, and the bailitt' ami his sureties shall he Jointly and severally responsible for all the acts and uniis- sions of the deputy. No such appointment shall have force for a longer period than two months. li.S.U., c. 47, ■'. 177, anieml- I'd 5. Section one hundred and seventy-seven of the Division Courts Act is amended by striking out the words " in any other county " in the sixth line thereof. Clerk to give <;, The olerk of every IJivision Court shall. ti'if of return immediately aftor nulla hoiui has been I'eturned of niti/a hniiii to any execution issued on any transcript of cutTm on a^*^ j^^*^^n"^6iit received from another Court, for- tr.an.script of ward through the post-otHce to the plaintiff, if ju.l^jment. j^j^ adtlress is known, or to the clerk who i.ssued the transcript, at his post-office address, a notice, enclosed in an envelope, informing him of the date at which the execution i.ssued, the date at which the .same was retiirned by the bailiff, and the return made thereto. The notice thus sent shall be prepaid and regis- tered, and the clerk shall obtain and file among the papers in the suit the post-office certifi- cate of such registration, and the postage and charcje for registration shall be costs in the cause. The absence from amongst the papers in the suit of any such certificate of registration .shall be prima faeit' evidence against the clerk that such notice has not been forwarded. K.S.U., c. 47. H. 244, amend- ed. 7. There shall be added to the two hundred and forty-fourth section of the Division Courts Act, the following words : — Provided that no- thing herein contained shall be held to authorize 47 V., c.n.] ATTACHMENT (»r IM'.liTS. rv.i the taxiitioti or allowance of costs to any otlicer of the court, other than those tu he foumi m the taritl'of fees as authori/.cd atid alluweii \>\ "the Hoard of Comity .ludgcs," under tlie provisions of this or any other Act. 47 Vict., (Jhai'teu 'J. An Act to (inwnd tlw Dlrisltn} Courts Act. [AnscntcU to -'oth March, L'ii<4-] TTER MAJESTY, hy and with tlie advice -* — *- and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: — 1 . Section 120 of the Division Courts Act is k, s. o , c. t7. hereby amended by adding thereto the follow- "• '"'■'''', , mg words: — Att;u.-imu-iit..f " Or, apply to any case whei-e the debt has wagoH, etc. been contracted for board or lodging, and, in the opinion of the Judge, the said exemption of twenty-five dollars is not necessary for the su])port and maintenance of the debtor's family." "4, Section lo.S of the said Act is hereby .Sect. \s-'>, amended by adding tlie following sub-section •""^'"'^'^''• thereto : — (2) In the event of the garnishees being a body corporate, not having their chief place of husine.ss within the Province, then the said .summons shall be issued out of the Division Court for the Division in which the cause of action arose, and shall be served upon the agent of the body corporate, whose office, as such agent, is nearest to the place where .said cause of action arose. 140 Service on S ER VICE — APPEALS. [47 v., c. 10. 3. In proceedinor.s under .section 130 ot said companies lu i ■ i .1 • 1 ti • ,1 proceedings Act, wlieve the garni.shee.s are likewise a body under sec. 130. corporate, not having their chief place of busi- ness within the Province, then the summons mentioned in said last-mentioned section shall be i.ssuei from the Division Court in which the judgment has been recovered, and shall bo served upon the agent of ohe body corporate, whose office, as such agent, is either within the division in which such judgment has been recovered, or is nearest thereto. Who to be deemed agent. 4. Every person who within Ontario trans- acts or carries on any business of, or any busi- ness for any such body corporate, shall for the purpose of this Act, and of said section I'J.S as hereby amended, be deemed the agent thereof. 47 Vict., Chai'ter 10. An Ad for fitrther impmving the Adminis- tration of the Lav). [Assented to ..'oth .Varrh, ISS4.] TTER MAJESTY, by and with the advice -* — ■- and consent of the Legislative Assembly of the I'rovince of Ontario, enacts as follows: — Short title. 1. This Act may be cited as " The Admin- istration of Justice Act, 1S84." Appeal in div- 9. In proceedings before a Division Court proceedhr's ^^ interpleader, where the money claimed, or the value of the goods or chattels claimed or of the proceeds thereof exceeds i?100, and in all actions in which the parties consent to the March, 1SS4.\ rhe Adinin- 47 v., c. 10.] INTKUPLEADEU — JUIKIMENT. 141 appeal, an ai)peal shall lie to the Court of Appeal from the decision of a Division Court Judge upon an apjjlication i'or a new trial, subject to the provisions of the sections num- bered from 17 to 22 (both inclusive) of the Division Courts Act, 1880. 10. (1) Either party to an iiiter[)leader Interpleader issue in a Division Court may reciuire a iurv '/t^'^^ m '\»^- , 1 . , 1 • T . ■' V ''*'"" courts. to be summoned to try the issue and in such case he shall, within five day after the day of service of the summons on him, give to the clerk or leave at his office notice in writing, requiring a jury, and shall at the same time ^Day to the clerk the proper fees for the expenses of such jury, and thereupon a jury shall be summoned according to the provisions of the Division Courts Act. (2) Section 122 of the Division Courts Act shall extend and apply to the trial of any inter- pleader issue. (3) Sections o, G, 10, 17, 18, 19, 20, 21 and 22 of the Division Courts Act, 1880, shall extend and apply to all interi)leader issues and other actions mentioned in the foregoing section. (4) Upon any ap[»iication for a new trial or .Jmigment in upon any appeal from the decision of a Division ^/;i'JJe';;*Ss, Court Jud'^'e, on such an application the Judge etc., in divi- of the Division Court or of the Court of >^i<>n ««»«^t«- Appeal, may, instead cf granting a new trial, pronounce the judgment which in his opinion ought to have been pror-unced by the judge at ''the trial, and may order judgment to be entered accordingly. 142 JUDGMENT BY DEFAULT. [48 v., c. 14. 43 V. c. 8, s. 14, amended. 43 V. c. 8, s. .o8,aiiieuded. .Fudginent liy default under R.S.O., f. 47, s. 4'.t, where final judg- ment not f^ntered. 48 Vict., Chapter 14. An Act to further amend " The Division Courts Act.'' XTER MAJESTY, by and with the advice -^ — *- and consent of the Lesji.slative A.ssonihlv of the Province of Ontaino, enacts as follows: — 1. Section 14 of the Division Courts Act, 1880, is hereby amended by adding thereto the words following : — "And every such notice shall be in writing : • and prohibition to a ]3ivision Court shall not lie in any such suit from any Court whatever, where such notice disputing the jurisdiction has not been duly given as aforesaid." 2. Section .^8 of the Division Courts Acts, 1880, is hereby amended by adding thereto the words following: — "And the clerk of each Division Court shall, on or before the first day of said month of January, send to the judge the necessary in- formation in writing for the purposes of such return." 3. Where due proof is made by affidavit or otherwise of the service of a special summons issued under section 70 of the Division Courts Act, and of particulars of the plaintili's claim or demand as required by said section, and final judgment has not been entered under the provisions of said section, the judge may, if the defendant does not, in person or by agent, appear in open court pursuant to and as re- 48 V., c. 14.] MOTION FOR JUDGMENT. 143 quired by said summons, give judgment acrainst such defendant by default, without requirino- proof of the plaintiff's claim or demand, and with the same consequences and effect as if the plaintiff had proved his claim or demand in open court. 4:. (!) Where the defendant in anv action m within the meaning of section 79 of the Division J" Courts Act, has left with the clerk a notice to the effect in said section provided, the plaintifi" in such action may, on an affidavit made by him- self , or by any other person who can swear posi- tively to the debt or cause of action, verifyino- the cause of action, and stating that in his belief there is no defence to the action, serve the defen- dant with a notice of motion to shew cause before the judge of the Division Court in which the action is brought, why the plaintiff should not be at liberty to have final judgment entered in his favour by said clerk for the amount of the debt or money demand sought to be recovered in such action, together with interest, if any, and costs. A copy of the affidavit shall ac- company the notice of motion. The judge may thereupon, unless the defendant, by affidavit or otherwise, satisfy the judge that he has a good defence to the action on the merits, or dis- close such facts as may be deemed sufhcient to entitle him to defend the action, make an or- der empowering the clerk to sign final judp- ment accordingly. (2) The application by the plaintiff for leave to have final judgm-^nt entered in his favour under the provisions of this section, shall be made on notice returnable not less than two clear days afte)' service. "tiiin for dgmeiit. 144 Shewing cause. MOTION FOR JUDGMENT. [48 v., c. 14. Leave to defend. (3) The defendant may shew cause against such application by offering to bring into court the amount sought to be recovered in the ac- tion, or by affidavit. In such affidavit he shall state whether the defence he alleges goes to the whole or to part only, and if so, to what part of the plaintiff's claim. And the judge may, if he thinks fit, order the defendant to attend and be examined upon oath, or to pro- duce any books or documents, or copies of, oi' extracts therefrom. (4) In any case, if it appears that the de- fence set up by the defendant applies only to a part of the plaintiff's claim, or that any part of his claim is admitted to be due, the plaintiff shall be entitled to have final judgment entered forthwith for such part of his claim as the defence does not apply to or as is admitted to be due, subject to such terms, if any, as to suspending execution, or the pay- ment of any amount levied, or any part there- of, into court by the bailiff, the taxation of costs, or otherwise, as the judge may think fit : and the defendant may be allowed to defend as to the residue of the plaintiff's claim. (5) If it appears to the judge that any de- fendant has a good defence to the action, or ought to be permitted to defend the action, and that any other defendant has not such defence, and ought not be permitted to defend, the former may be permitted to defend, and the plaintiff shall be entitled to have final judg- ment entered against the latter, and may issue execution upon such judgment without preju- dice to his right to proceed with his action against the former. (G) Leave to defend may be given uncondi- tionally, or subject to such terms as to givina [48 v., c. 14. e against into court n the ac- Rdavit he leges goes 0, to what the judge enJant to or to pro- Ipies ot", or it the de- )lies only 1, or that to be due, have tinal ch part of ily to or as ih terms, if c the pay- part there- axation of Y think tit ; to defend aim. at any de- action, or action, and ch defence, lefend, the id, and the final judg- l may issue liout preju- his action n uncondi- iS to giving 48 v., c. 14.] JURORS— EXEQUTIOX. 145 security or otherwise, as the judge may think nt. (7) Nothing in this soction contained shall apply to any action or suit in whicli tlie amount of the debt or claim sought to be recovered does not exceed forty dollars. (8) The provisions of this section shall be deemed to have been in force on and from the twenty-second day of August, one thousand eight hundred and eighty-one. 5. Section 114 of the Division Courts Act R.S.o., c. 47, is hereby repealed and the following substitut- s- H'l repealed. ed therefor : — 114. For the trial of all actions required to Summoning be tried by or before a jury at any session of a Ju"'""^- Division Court the clerk of such court shall cause not less than twelve of the persons liable to serve as jurors to be summoned to attend at such session at the time and place to be men- tioned in the summons, and such summons shall be served at least three days before the court, either personally, or by leaving the same with a grown up person at the residence of the juror. 6. Sub-section 3 of section 210 of the Divi- r.s.o., c. 47, sion Courts Act is hereby repealed, and the ^- 210, snb-s. 3, following substituted therefor ; repealed. (3) The County Judge having jurisdiction County Judge in such Division Court shall adjudicate upon *u"Jrtain^*^ the claim, and make such order between the claims on parties in respect thereof, and of the costs of am^n* ?f 1, ,, I , 1 . ni 1 I, 11 gt)ods seized the proceedings, as to him seems nt ; and shall in execution. also adjudicate between such parties, or either of them, and such officer or bailiff in 146 CLAIM TO GOODS SEIZED. [48V.,c. 1^. Power of Juilge to award (laniaL'eH. respect of any damage or claim of or to damages arising or capable of arising out of the execution of such process Ijy such otiicer or bailifl', and make such order in respect thereof, and of the costs of any proceedings as to the judge shall seem tit ; and any such order shall be enforced in like manner as an order made in any suit brought in such Division Court, and shall be final and conclusive between the parties, except that upon the application of either the attaching or exeeut' )n creditor or the claimant, or the officer or liailiff, within fourteen days after the trial, the iudoe mav grant a new trial upon good grounds shown, as in other cases under this Act, upon such terms as he thinks reasonable, and may in the mean- time stay proceedings. 7. (1) Under the provisions of sub-section 3 of section 210 of the Division Courts Act as amended by this Act, the judge in said sub- section mentioned shall have power to adjudi- cate upon and award damages, even though the amount of the damages claimed, found or awarded should be beyond the jurisdiction of a Division Court. (2) In respect of any damages ciaim ;. - oniid, awarded or adjudicated upon, or oi" y order, judgment or finding under the provisions of said sub-section or of this section, there shall, as to all parties concerned, be the .same rights of defence and counter-claim, and the same right of appeal, including in all cases the right and liability to costs, as would exist under the Division Courts Act, 18H0, had an action or suit within the jurisdiction of a Divi.sion Court been Ijiought or instituted to recover said damages. [48 v., c. 14. of or to ng out of ich oriicer n respect eodings as such order an order Division e between pplication creditor or iff, within adge may shewn, as uch terms the mean- ub-section I'ts Act as said sub- to adjudi- m thoug-h , found or iction of a II :,!Oiind, y order, ^visions of :iere shall, ime rights the same ? the right cist under an action a Division to recover 48 v., c. 14.] ENTRIES— TRIAL— SERVICE. 147 bailiHf 8. In all cases not already provided for Notices to be where, m any suit or proceeding in a Division "' '"'*'"'''• Court, it is necessary tor any party tliereto to give notice to any other party thereto or to the clerk of the court such notice shall be in writing. 1). (1) To remove doubts it is hereby de- Entries of dared that in any action, suit, or proceeding Snce^''''' against any person as the surety of any clerk against surety. or bailiff of a Division Court, the entries in the books retpiired by law to be kept or which were so kept by any such clerk or bailiff shall be prima facie evidence against any such surety. (2) For the purposes of this section the words " clerk or bailiff" of a Division Court " shall be held to include any person who havino- been a clerk or baihff" of a Division Court has ceased to be such clerk or bailiff". 10. Where in a Division Court any action Postponement or suit is being tried by a jury, the judge, if he "^ *"'^^" thinks it expedient for the interest of justice, may postpone or adjourn the trial for such time and upon such terms, if any, as he shall think fit. 11. (1) Every summons or process issued Service of pro- out of a Division Court against a corporation, corporations. not having its chief place of business within the Province, aud all subsequent papers and proceedings in the action, suit or proceeding in which said such summons or process has been issued, may be served on the agent of such corporation whose office or place of business as such agent is either within the division in w^hich the summons or process issued, or is nearest thereto. 148 COUllT ACCOMMODATION. [48 v., c. 14. R.S.O.,c. 47, s. 9, amendetl (2) For the purposes of this section the word " agent" shall be held to include : (a) In the case of a railway company any station-master having charge of any station belonging to such railway com- pany ; (h) In the case of a telegraph com- pany, any person having charge of any telegraph office belonging to such tele- graph company ; and (c) In the case of an express company, any person having charge of an express office belonging to such express com- pany. 13. Section 9 of the Division Courts Act, is hereby amended by adding thereto the fol- lowincj as sub-section 3 thereof : — (3) Where a municipality, not being a town or city, furnishes a court room and other neces- sary accommodation for a Division Court as aforesaid, or pays any owner, lessee or tenant, as aforesaid, for the use of any building, it shall be entitled to recover from any other municipality wholly or partly within the divi- sion for which such court is held, such reason- able share of the cost of providing accommo- dation for holding the court as shall in that behalf be decided and ordered by the judge of the said court to be paid and contributed by the latter municipality ; and in every such case the total cost of providing such accommodation for holding the court shall be deemed to be five dollars for every day on which the court is held. 8 v., c. 14. ;he word jompany ^e of any ^-ay com- ,ph com- e of any iich tele- ;ompany, 1 express ess com- 48 v., c. 14.] CON STRUCTION, ETC. 149 13. Section 24 of the Division C.'ourts Act 4.sv.,c.s,s.24 1880, is hereby aineudca by insertiiiLj tliereiu '^"'«»^*^^- after the word " officers " the words " or other person or persons." 1 4. Tliis Act shall l)e reud and coiistruod as Act t.^ lie read part of the Divi.sion Courts Act, and of any ^itlj K.s u., Acts amending the same. rnuVniing Acts. 15. This Act may l»e cited as the Division Short Title. Courts Amendment xVct, LSS'). urts Act, the fol- g a town ler neces- Court as »r tenant, ilding, it ny other the divi- h reason- Lccommo- 11 in that I judge of buted by such case modation to be five I court is NEW TARIFF, RULES AND ORDERS, TOGETUER WITH FORMS OF HILLS OF COSTS, WHICH CAME INTO FORCK ON JANUARY 1, 1885. Wo, the undersignefl, "the Board of County .ludcjes,' acting under and in puraucance of the powers vested in us l»y tlio Divi- sion Courts Act, Ijave framed the foUowing additional llules and Orders to be in force from and after the first day of January, A. D. 1885, until otherwise ordered ; And we do certify the sauio under the provisions of the 239th section of the said the Division Courts Act accordingly. RULES. No. 181. — From and after tlie first day of .January, 1S8,">, Rule No. 171, of the additional Rules and Orders of the 28th day of November, 1870, and Form 12!), and Schedule of Clerks' Fees (Form i;}0), and Schedule of Hailitfs' Fees (Form 131), shall be rescinded ; and the fees set fortli in the tarifi:' hereto annexed, marked Schedule of Clerks' Fees (Form 133), and Schedule »i Bailifi's' Feus (Form 134), shall be the fees to be received by the several Clerks and Bailiffs of Division Courts in Ontario for and in relation to the duties and services to bo performed by them as othcers of the said Courts, and shall be in lieu of all other foes heretofore receivable. No. 18'2. — Rule No. 179 and Form 129 are hereby rescinded from and after the said first day of January, 1885, and Form No. 132 is substituted for the said Form No. 129. No. 188. — Rule No. 178 is hereby amended by substituting for the words and figures "Form 129," the words and figures "Form 132." DRCE ON Form 132.] isn.l.s of t".,TS. 151 No. 184.— All summary aiii)];catioiis tn a .luduo in Chambers, (ither than tipplicatiuns for new trials luuler Rule No. 142, may be made on notice or by summons. FORMS. FORM 132. Dili, of Costs upon a claim for say 820 up to and includint^ juc^y- ment entered by the Clerk, upon special iuiuinions, no notice of defence l)eing ijiven. Receivini^ claim, numbering and enteriu'^ in Procedure Book .^0 l.j [ssuini,' sumuKjus with lU'ce.ssavy notices and warnings thereon 40 Copy I'f summons, including all mitices and warnings thereon " '-^0 Receiving and entering BailifY's return to summons 1.") AtHdavit of service and administering oath to the depo- nent 25 Notice ti> plaintill", when defendant has failed to give notice of defence •'"'0 15 Postage and registration 0.5 20 Entering final judgment by the Clerk .50 Total Clerk's fees ^'l 85 ruiHltf's Fcr.i, Service of summons •'^*^ -^'^ Return of service and attending Clerk's Ortice to make necessary athdavil 15 SO 45 Total Bailiff's fees "^^ Total costs jS-iH Taxed this day of b^ Chrk. 152 HILLS iW COSTS. [FouM i:v.'. Bill ok Costs upon claim for say si^OO, clofoiulod, causo tried, aiul t'udi^uiunt ontorcd fur [tlaintitl' witli costft (uno dofonco mily toing entorud). Clerk's Fevs. lieceivinir claim, etc So Ki Isaiiinj^ 8UIUIUOUS, etc TiO Copy of suiunioiis, etc 'JO llucoiving and oiitoriiii,' IJailil'f 'a return, otc !."• Aftidavit of service, etc 'S* Entering and not iuL,' defence, etc. , in I'roceduro liooU... U '_'."■> 8ul)p(enii to witne.ss l.'i TInve copie!) ir> Notice of defence, etc., to pliiintitJ', and mailing' same 80 lo lV)8ta<,'e and registration 05 'At Recording and entering Judgment rendered at hearing. r>0 Total Clerks fees s2 oU liail{{f")i Fctn. Service of sununons, etc .^0 40 Attending to return, etc 15 Service of subixeaa (IJ witnesses) at 15 cents (* 45 Calling parties and their i%itiie.sses 15 Total Bailitls fees 1 15 Total Costs .S'i 115 Taxed this day of 18 N. B. — Mileage and fees to witnesses, if any, to be add Ch:rk. FOUM i:;:;. Schedule of Clkkk's Fees. 1. Receiving claim, numliering and entering in Procedure Book 80 15 (This item to ai)ply to entering in tlie Procedure 15ook a transcript of judgment from anotlier Court, but not an entry made for the isi.sio of a judgment summons.) I FouM 132. ♦ I'ied, mul foiico (iiih •Sn 15 50 L'O 15 '.'5 .k... 'S> 15 . ... 15 ) In ) or. L!() ■'iiM. 5(1 i<2 50 ) 40 ) 15 » 45 ) 15 J 15 .Si 05 Clak. lire • • • • Juk an eo u FohmW3.] cf.kuk's fkes. ly,] •J. Issuing sumiaons, with noccssary iioticos and warning's thurocn, or lu.lgiuont summons ^as lirovidoil in the forms), ni all, Whoro claim does not oxceod 820 q 40 oxcuud3!?-'0, and does not exceed !?t)0... 50 t'xci'uiln ."^I'.O, and d()i!s nut uxceod 8100... f.O " " oxcowls .SliiO I QQ N. /;.— In roplovin and iiituri)loadcr suits, tliu value of t,'ood8 to regulate the fee. :\. Coi>y of suinm.in-i, includin<,' all n(jtice.s and warning's thuroon ^ q 20 4, C()i)y of claim (including' particulars), wliun not furnished by plaintitl" (to bo paid by the plaintill') 2o 5. Copy of set-o|l'(includiu-- particular.^), when not furnished i>y the defen.) 1>. Every necessary allidavit, if actually in't-'l^i^rcd by tlie Clerk, and administering oath to the deponent 25 10. Copies of papers for which no fee is already provided, necessarily reipiired fm' service or transmission to the Judge — each 10 11. Every notice of defence or admission entered, or other notice required to be given by Clerk to any party to a causa or proceeding, or to the Judge in respect to the same, and mailing $0 15 .12. Entering Rnal judgment by Clerk on special summons, where claim is not disputed 50 13. Entering every judgment rendered at the hearing or final order ma le by the Judge 50 (This one fee of 50 cents will include the service of recording at the trial, and afterwards entering in the 154 clerk's FEES. [Form 133. Procedure Book, the judgment, decree, and order in ita entirety rendered or made at the triah In a ^pr- nishee proceeding before judgment the fee of 50 t;ents will be allowed for the judgment in respect to the primary debtor, and a like fee of 50 cents for the adjudi- cation, whenever made, in respect to the garnishee.). . 14. Subpwna to witness 15 (The subpoena may include any number of names therein, and only one original subpcena shall be taxed, except the Judge otherwise orders.) 16. For every copy of subpajna required for service 05 16. Summons for each juryman when called by the parties... 10 (Only 25 cents in all is to be allowed for returning a Judge's jury.) 17. Every order of reference or order for adjournment made at hearing, and eveiy order rerjuiring the signature of the Judge, and entering the same 25 (Any warning necessary with order — f. . Taxing costs in defended suits 25 FOKM ]:J4. Schedule of Bailiff's Fees. 1 . Service oi summons, writ or warrant issued under the seal of the Court, or Judge's ^uimnons on each person (ex- cept summons to witness and summons to juryman I, Where claim does not exceed 820 30 M M exceeds S20, and docs not exceed 800 ... 40 " M exceeds .8()0, and does not exceed 8100.. 50 n M exceeds 8100 75 (In interpleader suits, the value of the goods to regu- late the fee.) 2. For every return as to service of summons, attending at th^ Clerk's olhce, and making the necessary attidavit (as provided by ' lo !)0) 15 3. Service of ■summons on witness or juryman, or service of notice 15 4. Taking confession of judgment, and attending to prove. 10 5. For calling parties and their witnesses at the sittings of the Court in every defended case, as provided by Rule Oi. iiniended by Rule 108 15 (). Enforcing every writ of execution, or summons in reple- vin, or warrant of attachment, or warrant against the body — each, Where claim does not exceed 8'iO ."iO M M exceeds 820, and does not exceed r^iiO.... 75 „ M exceeds 800 100 (Executing sununons in replevin includes service on defemlant. The value of the goods to regulate the amount of the fee.) 7. Every mile necessarily travelled to serve summons or process, or other necessary papers, or in going to seize on attachment, or in going to seize on a writ of execution, where money made or case settled after levy 12 (In no case is mileage to be allowed for a greater dis- tance than from the Clerk's ottice to the place of service or seizure. ) =. loG bailiff's fees. [FOUM134. 8. Mileage to arrest delinquent under a warrant to be at 12 cents per mile, but ior carrying delincjuent to prison, including all expenses, and assistance, per mile '20 y. Every schedule of property seized, attached or replevied, including atiidavit of appraisal when necessai'y, Not exceeding 620 .30 Exceeding .^320, and not exceeding 800 i> .^O Exceeding §00 75 10. Every bond when necessary, when prepared by the Bailitf (including atiidavit of justiiicatiun) .^O 11. Every notice of sale not exceeding three, under execu- tion or under attachment, each lo 12. There shall be allowed to the Bailiff for removing or retaining property seized under execution or attached, reasonable and necessary disbursements and allow- ances, to be tirst settled by the Clerk, subject to appeal to the Judge i!3. There shall be allowed to tho Bailiff five per cent, upon the amount realized from the sale of property under any execution, but such percentage not to apply to any overplus tliereon (But if execution be satisfied in whole or in part after seizure and before sale, the Bailitl' to bo entitled to charge and receive three per cent, on the amount realized.) S. J. Jonp:s, CuKiitij Jiiilije, Vnuidij (if B rant. D. J. HroHKs, CdUntij JutlciC, Ebjin. Jamks Danikm., CuKiity Jiidgu, I'rescutt and liii^.'itll. J. S. Sinclair, Ciinntji Jnilrtli. DIGEST OF ONTARIO CASES AFFECTING DIVISION COURTS REPOKXEU .SINCE THE rCl'.LIGATION OF THE I'REVIOU.S PARTS OF THIS WORK. DIVISIOX COVETS. I. Judge, 157. II. Officers, 158. III. Jurisdiction. (1) Locality of action, IGO. (2) Title to land in question, IGl. (3) Claim ascertained by signature of defendant, 101. (4) Actions on notes, 102. (5) Limitatif)n of, to the Province of Ontario, 1G3. (G) Other matters, 1G4. IV, Procedure. (1) Wherein atlected by Ontario Judicature Act, 165. (2) Other matters, IGG. V. Execution, Warr.vnt of Committal, etc, 1G8. VI. Interpleader, 109. VII. Attachment of Debts, 1G9. VIII. Appeals from Division Courts, 171. I. Judge. 1. Under the authority of the following appointment : "Belle- I hereby appoint E. B. Fralick, Esq. , ville.Ont., 24th July, 1880 ... ..„ . barrister-at-law, as my deputy to hold the Second Division Court of the County of Hastings, on Monday, the 2Gth day of July, instant, at the Town Hall in the Township of Sydney. T. A. Lazier, junior judge, C. H."-the person therein named tried this case at the time and place appointed, but delivered his judgment, :^i ■I 158 DIGEST. according to a postponement for that purpose, on 2ncl August ful- lowing, at the judge's chambers in Belleville, outside the limits of the second division, but within the county, without having naniLd a day and hour for delivery thereof in writing at the clerk's ottici' : Held, That the word "judge" in s. 20 of R.S.O., c. 47, inckaus the junior judge, and that the deputation was therefore valid. That the proper construction of the same was, "to hold tlie Second Division Court of the County of Hastings, to be holden on Monday," etc., and that his appointment ccmtinued until he liad performed the purpose for which it was made. That the ett'ect was to clothe Mr. Fralick with all tjie powirs of the junior judge during the time of his appointment, where v. r he might be within the county. And tlie rule was therefore made absolute to rescind the order made by Gait, J., for a prohibition. Cameron, J., dissenting. — la Be Li'ihes v. Ward, 45 Q. B. 37"). 2. As to the Right of Provincial Government to appoint a Division Court Judge, see In )c Wilson v. McGnire, 2 O. R. IIH. II. Officers. 1. Observations on the impropriety of Division Court liailiti's can- vassing voters during an election. — North Victoria Election — Ctim- cro)i V. Maclennan, 1 H. E. C. 012. Morrison, J. 2. Sect. 31 of the Division Courts Act enacts that any action oi prosecution against any person for anytliing done in pursuance of the Act shall be connnenced witliin six months after tlie fact was committed, etc. , and notice in writing of sucli action, and of tlii' cause thereof, shall be given to the defendant one month at least before the commencement of tlie action. Held, that under sec. 31 of Division Courts Act personal service was not re(iuired, but that the service on the wife was suHicient. That the section docs not re(iuiro the Court in which tlie action is to be brought to be mentioned in the notice ; and semhle, even if such were required the statement contained in that notice in (luestion, that the action would be brought in the High Court ot Justice, without naming the particular division, was sulHcient. , That in computing the ^ime within which the action must be brought, the day on which the fact was committed must be ex- cluded. -Hanns v. Johnston, 3 O. R. 100; lit C. L. J. 248. i i; Jnd August fill. e the limits of having naniod clerk's ofHcu : c. 47, iuclu.les ore valid. 'to hold the > be holden mi .1 until he had all tjie powt.Ts nent, whorov.-r therefore nuule ' a prohibition. J. B. 37o. to appoint a P O. K. IIH, irt Bailirt'scan- Ekction — ('((///- t any action or ti pursuance IVihoa, 23 U. G. R. 301 ; Be J/?(,soh, 10 Ex. 5()1 ; and section 241 of Div. Ct. Act. //c/'/, that the notice sutHciently complied with section 211, and even if not, it wcmld be good as following the Form 20. — Cla.duu v. -S/;/, 1 C. L. T. VMl Price, Co..!. i IGO DIGEST. •^ V ;*.^^.; ;ji^ III. Jurisdiction. ■(1) Loculitij of Action. 1. The defendant applied by written application for a l(jan from the plaintiffs. The application was signed at the Village of Wiarton, within the limits of Eighth Division Court, County of Bruce, where defendant resided. The loan was not effected. The plaintitl' brought action in the tirst Division Court of Middlesex to recover costs paid to solicitor for drawing mortgage, investigating title, etc. The head office of the plaintiffs was in the city of London, within the limits of the First Division Court of IMiddlosex. The defendant obtained a summons under sec. 11 of the Division Court Act of 1880, calling on plaintiff's to show cause why all papers and pro- ceedings should not be transferred to the Eighth Division Court of the County of Bruce, and become proceedings thereof as though this cause were at first properly entered therein, on the ground that this Court had no jurisdictit in. The summons was made absolute, following Hivjie v. Dcdnjmph, 8 P. R. 183, Klwj v. Fan-cU, 8 P. R. 119, and Xuj'oa v. Ilolmcfi, 24 C. P. 541. — English Loan Co. v. Harris, 17 C. L. J. 171. Elliott, Co. J. 2. Where a mechanics lien is within the jurisdiction of the Division Courts, the summons should be issued and the order made in which the cause of action arose or the defendant lived. — Burt v. Wallace, 17 C. L. J. 70. Dartnell, J. J. 3. Motion for prohibition to a Division Court of the County of Carleton. The plaintiff lived in Ottawa, and the defendant corpor- ation had its head office at Hamiltork The plaintiff made a mort- gage to the defendants, and a dispute arising between the plaintiff and the defendants as to the amount of interest to be paid thereon, the defendants claimed the full interest according to the mortgage, and desired the plaintiff to remit it by mail to their office at Hamil- ton, which the plaintiff' refused to do. The defendants then began proceedings under the power of sjvle contained in their mortgage, and also an action for the recovery of the land, wherepon the plaintiff paid the money to his solicitors in Ottawa, and the latter sent it under protest to the defendants' solicitors in Hamilton, who in turn paid it to the defendants in Hamilton. This action was brought in the Division Court in Ottawa for the recovery of the money so paid under protest. JUUISDICTIOX. 161 : a l(jan from ) of Wiarton, Bruce, where riio plaintiti' X t(.> recover int,' title, etc. tidon, within lie defendant \)urt Act of ers and pro- sion Court of rjf as though } ground that ide absolute, n-cU, 8 P. R. Locub Co. V. iction of the e order made lived. — BMrt he County of idant corpor- lade a mort- the plaintiti' )aid thereon, le mortgage, ice .at Hamil- 5 tlien began lir mortgage, herepon the id the latter n Hamilton, is action was ovory of the Edd, that when the planititC made the payment by reason of the action against him, the dofeu.Luits' former direction to pay by deposit of money in the Ottawa P. O. was superseded ; and that the payment having been made by the plaintiti in Hamilton, the whole cause of action did not therefore uriso at Ottawa. Writ of pro hibition granted with costs. -AV Garland v. OmnUua Scomtlc, Co IOC. L.J. 395. Wilson, C. .J. (•2) Title, fa Lnnl. In an action in a Divisi(jn Court to recover .S79..50 for taxes on certain land, which defendant was to pay as rent therefor, the facts as to the terms and conditions of the tenancy were disputed, but the defendant did not dispute the plaintiff's title. On the plaintiti' obtaining judgment for the luuouiit ck.imud, the defendant applied for a prohibition, on the ground that the title to land was brought in question. JL'ld, that the amount was properly recoverable in a Division Court.—//! re EiKjIish v. M,dl,„lland, 1) P. R. 145. Cameron, J. (3) Claim ascertained hij tiiiinature of Defendant. 1. Where the original demand, no matter how large, is ascer- tained by the signature of the party liable, and a balance not exceeding S200 remains due. Division Courts under Act of 1880 have jurisdiction. — liaidc of Ottawa v. McLawjIdin, 8 A. R. 5-13. 2. A claim was upon tiie following document : " Received from R. NV., an order from C. B. , ordering me to pay him the sum of 8140, which is acce[)ted on the following conditions, providing he carries out hia agreement with me as cheese-maker," signed by the defendant. Ifild, that the Division Court had no jurisdiction, because the writing did not ascertain the amount, inasmuch as it depended upon the happening of certain events with respect to which evidence had to be adduced. — lyUtsir v. Ward, 8 A. R. .549. See lie Mead v. Creary, 32 C. P. 1, A'e Bimlett, 9 P. R. 487. 3. The defendant bought an article from plaintitF and signed an agreement to that etl'ect, which concluded thus : " Which I agree to take (2 SlOO and settle for as follows : give my note for 820, payable a: 11 I'Vi 8 ■i ] ' 162 DIGEST. Jan., 1881 (and then describing three other notes amounting in all to SCO), and an old machine to be taken at 820." Held, that the claim was a money demand and that the amount of the claim was ascertained by the signature of the defendant within the meaning of the Division Court Act, 1880, sec. 2. — Sh'ivart V. For.^iith, 17 C. L. J. 87. Elliott, Co. J. 4. Action brought on following order: — "Mr. Thos. Forfar — Please ship us your old boiler and engine to be in good 8ha2)e to our address not later than June 7th, 1883, for the sum of 8115 and shafting. — G. Climie & Son." Held, that this order did not ascertain the amount due in such a way as to bring it within the increased jurisdiction of the Division Court. Wiltsii' v. W(ird, ante, followed. — Forfar v. Cliwie, 20 C. L. J. 17. Rose, J. (4) Aetions on Notes. 1. The plaintiflF sued the defendant in the Division Court for 8100, and endorsed on the summons as particulars a promissory note for 8125. Held, that the plaintifi" might at the trial abandon in his particu- lars the excess above 8100, so as to bring the case within Division Court jurisdiction. — In re Stdjilide and U^ihan, 8 P. R. 5. HaL'arty, C. J. 2. Plaintiff sued on a promissory note for 873.14, payable witli interest at 7 per cent.; the principal and interest together amount- ing to 8103.44. ]ield, that under the Division Courts Act, 1880, the amount of lixed legal damages in the nature of interest for non-payment of a promissory note need not be under the signature of defendant, and the above claim could therefore be recovered in a Division Court. — McCraeken v. Cresiviek, 8 P. R. 501. Hagarty, C. .1. 3. Plaintiti" having paid a note of which he and defendant wen- joint makers, for 8100, which the plaintiff signe'l as a surety only. .Held, that plaintiff could not sue defendant in a Division Court for the money so paid, the amount not being ascertained by the signature of defendant. A summons for prohibition was made absolute without co.sts, there being no meritorious defence. — Kinney V. Roche, 8 P. R. 515. Osier, .1. JURISDICTION. 1 03 junting in all t the amount le defendant . 2.—Stinrart loa. Forfar — ;ood shape to sum of 8115 lue in such a the Division '. Climi>:, 20 ion Court for a promissory n his particu- thin Division 8 P. R. T). payable with ther amount - he amount of payment of a ifendant, and ivision Court. ifendant wen' I surety only. >ivi8ion Court tained by tlu- )n was made mce. — Kiu.iny 4. The plaintiff sued on a promissory note for 8158, payal)le with interest at ton per cent., principal and interest beim,' 8185.05. Held, following McCrarken v. Cn'.nvick, 8. P. R, 501, that under the Division Courts Act, 1880, the above claim could be recovered in the Division Court— IVidmeiier v. McMahon, 32 C. P. 18". 5. In an action in a Division Court against a married woman on a promissory note, the existence of separate real estate was proved, but no evidence was given of auy separate personal estate. Judg- ment was rendered for plaintiti; the amount thereof to bo jiaid out of the separate property she had when the note was made. fb. 0. The Division Courts Act, 1880, does not apply to the Division Courts in Territorial Divisions and Unorganized Tracts, and a pro- hibition was ordered to restrain a stipendiary magistrate from adjudicating upon a claim on a promissory nc^te for 8110. --I/*, n The Ontario Bank v. Ilarston, 9 P. R. 47. Osier, .T. 7. Hclil, That an action to recover a balance of over 8100, and less than 8200, upon a promissory note which had been protested might have been brought in a Division Court, even though the notarial fees formed a part of tlie amount claimed by plaintiti'. — BHrnH v. Ruijers et al, 17 C. L. J. 20(J. McDonald, Co. J, (5) Limttatliin of, io the Pnn-incc of Ontario. 1. The pi'ocess of Division Courts is of no ett'ect outside the Province of Ontario. — Ontario (rtaM Compann v. Sn:arf::, P. R. 252. Camekon, .1. 2. Division Courts have no jurisdiction over corporations whose residence is to bo deemed as out of the Province of Ontario. — //r// V. G. T. R. Co. , 20 C. L. J. 340. 3. Unless indeed tlie defendants have by their appearance and conduct at the trial precluded themselves from objecting to the jurisdiction.— (?k;/ v. G. T. li. Co., 20 C. L. J. 371. (6) Other Matters. 1. On an application for a prohibition to a Division Court after iudgment and execution, where the question of jurisdiction depends upon disputed facts— as in this case, upon whether the person by 164. DIGEST. whom the bnrgain sued upon was made, acted as plaintiff's or defendant's agent — if the Division Court Judge has decided tliis question on evidence, and found in favour of his jurisdiction, tho Court will not interfere with his finding i but here, there having; been no such decision, atid tho want of jurisdiction being clour upon tho artidavits tiled, a jirohibition was granted. — Stcpltcnx v, Laplante, 8 P. K. 52. Hagarty, C. J. 2. Tlio plaintirt' sued in the Division Court on a claim which was originally composed of a solicitor's bill of costs, 830.00 ; damai^'e.i, «k;().33 ; due for advice, 80 ; total, .§111.3!). Tho plaintitl' abaii- donod as to .811.3!*, without specifying from what items he threw the amount oil'. Tho plaintifl', at tho trial, agreed to take 830 for the first item, and the learned Judge reduced tho 8'>*'-33 to 80"2, the 80 item was struck out, antl tho total then stood .802.33. Tliis sum was further reduced to .880, for which judgment was entered : Hihi, artirming the judgment of Wilson, C.J. , that prohibition was properly directed ; that the iibandonment being general, it could not bo assumed that the plaintiff had made a reduction in his demand for damages, so as to give tho Court jurisdiction ; and oven if the Court had power to confine the prohibition to the claim for damages, it could not bo done here, for it did not appear how much of the 880 was applicable to such claim. — Meek v. ScohcU, 4 (.). It., C. P. D. 553. 3. The nature of the claim, as appearing on the summons, is the claim recognizjvble on a motion lor prohibition. — lb. 4. Action on an open account, exceeding 8100. No objection to the jurisdiction had been tiled by the defendant, and it was contendoil for tho plaintiff, that the case could therefore be tried, as in tlie absence of the necessary notice, defendant was now precluded from objecting to the jurisdiction. Held, that such an interpretation of the Act was not warranted, and he refused to try the case. Tho sections in of the D. C. Act, and not in any way intended to override sections 54 and oC) of the Bamn Act. See remarks of Ardagh, Co..!., in 17 C. L. .1. ;}, ;54. [The subject of jurisdiction is fully discussed in its various ■xspects under recent legislation in 17 0. L. .!., V6'>,] IV. I'ltOCKDrUE. (1) Wherein affeebd bij Onturio Jiidientiiye Aet. 1. The Judicature Act and Rules in relation to procedure do not apply to the Division Courts; and Rule 330 (jf the Supreme Court of .ludicature a])plie3 only to the Courts to which in terms it is made applicable.— /iVm/co/ 0/f'nn( v. MelAiuiMiih 8 A. R. 543. See Re Mewl V. (h-enru, 32 C. P. 1 ; ( 'hieke v. Maedonald, Part VII. 5, and cases pod infra. 2. The County .Judge of the County of York, acting as .Judge of the First Divi3i(m Coiu-t in that County, upon the ai)i)licatiuii of the defendants, made an onler, under lUde 285 0. J. A., for the examination of a witness de bene casc, and dismissed a subseipient motion by the plaintiti' to set it aside. The plaintiif then moved for an order for a writ of prohibition to prohibit the said Division Court proceeding, and admitting, at the trial, the evidence taken under the order on the ground that the County Judge liad not any jurisdiction to make the order. Hebl, that the County Judges may, in their discretion, aijjily the rules of the O. .1. A. to the Division Courts, and that the County Judge had jurisdiction to make the order complained of. — Maenee V. Ontiifli) Jlank, I".' C. L. J. '25'2. Armour, .1. 3. The Division Courts, so far as they have machinery, should grant the substantial relief, redress, or remedy that the High Court could grant, but tlio practice of the High Court under the Rules, except Rule 48!>, does not apply co ri termini to Division Courts. The discretion conferred by sect. 244, D. C, Act, to introduce Superior Court pi-actice, can only be exercised in cases unprovided for by the D. C. Act, and Ruies of Court thereunder. I IGC DIGEST. Held, that at the Division Courts Act provides for tlio grantiuf^ A nonsuit, the moaninj^ of which, "'■■ the time of pas-ini,' tho Act, was a default only, and did not prevent the plaintill' bringing a fresh action, Rule 3H0 of tho Judicature Act, which uinkea a non- suit a judj^uient on the merits, does not apply to the Division Court, nor is it a case for the exorcise of the discretion allowed by sect. 244 of tho D. C. Act. — hnililiaSt. Catharines, on a cause of acti(jn which partly arose in St. Catharines. One defendant put in a notice of defence dis- puting the claim and the jurisdiction of the Court. At the trial PUOCKDUUK. tlio grantiiijf Miii^ tho Act, iH' bringinj{ a makes a noii- the Divisiim ri allowod Vjy lusaciat'ioii V. >f practice of Loi'ciao of tlio itc, followeil, in Diviaidii jail, J.J. him c^ thu J satisfy tin- efonco undtr nont without .J. ; Smith v. iiUHijhuni, L'O 100. Dean, ir,7 itted that ho I- D. C. Rule ti a judgment •ivision Court V. Scott, 8 r. inth Division its, who both partly arose defence dia- At the trial neither defendant appcarod, luul the Division Court Judge .^avo judgment for the plai.ititfwitlM.ut ru.iuiring any pro.,f of the chiiu,, m accordance, it was said, with the pi'M.fin; in that county. Jhid, that pro(.f of tlic claim nliould hnw. hw-n .^dvun. Ildd, also, that an application for a new trial by tho dofondaut who had given tho notice was no waiver of his right to object to tho jurisdiction ; and that tho otliur (hfondant cuuld ii,.t prejudice such right by having given n.. noti,o of defonco. -//, ,•. Ecnin v Snttun it ill. 8 P. R. 3(57. Cameron, .1. 3. In a suit in a Division Court ui)on a negotiable instrument, where the summons is specially ondoisod, tmd defendant does not dispute tho claim, the plaiutitl' is entitled ti) enter judgment for the amount claimed, without tlio production or tiling of sucli instrument— Jh ir l)ri,iLinif,-r v. (l,in-\ihj,\ 8 P. K. 504 Ha"arty Co. J. " 4. Defendant was served one day late for the ensuing sittings and did not attend. The judge ruled that ho had by entering a dis- pute note shf>wn that he know when the trial would come on and should therefore have attended. He gave judgment for plaintiff with costs. lliJil, that the defendant was entitled to full notice of the trial.— Z((/i7v v. Munu, 1(5 C. L. .J. 144. Armour, J. o. After judgment in an action in a Division Court of the County of Victoria, the defendant within the fourteen days required by the Division Courts Act, R. 8. ()., c. 47, s. 107, moved, (m notice Hied with tlie Clerk of the Court, for a new trial on the ground of the discovery ot fresh evidence, but did not within the fourteen days tile an affidavit as required by tho Division Court Rule 142. An athdavit was subse(]Uontly tiled, the motion hoard, and a new trial granted by the County Court Judge. A motion for prohibition was refused, the transgression of a Rule of practice forming no ground for such motion.— F.'f v. MflUmrijeij, 9 P. R. 329. Osier, J. (5. Hdil, that the duty of taking down evidence in writing by the judge is not required in interpleader issues, as the right of property in goods, and not the recovery of a money demand, is the (juestion to be tried. —Bunk uf Mi»drcal v. Statten, 17 C. L. J. 34. Sinclair, Co. J. [It is, however, the practice of many experienced judges to take down the evidence in any important issues of the kind spoken of, so il I IGS DIGEST. as thus to be on the safe side ; and it is evident that such a course might, under certain circumstances, be conducive to the ends of justice.] 7. Clerk's fees on transmission of papers to judge discussed in 20 C. L. J. 92. 8. Held, that under the Division Court Rules there is no power to add a partner not sued. — Barber v. Biii(jliam, 20 C. L. J. 05. McDougall, J.J. 9. A motion for a prohibiticm. The plaintift' resided in the United States of America, and brought his action to the 10th Divi- sion Court of the County of York to recover 8128, the amount of a promissory note and interest. The defendant obtained an c-rder for security for costs. Helil, that under sec. 244, cap. 47, R.S.O., a judge of a Division Court has pov/ci' t-' order security for costs. — FletcJter v. Nvblc, 18 C. L. J. 071. Y. Execution, Wakkant of Committal, Etc. 1. A married woman's separate personal estate, but not her real estate, may be charged and sold under a judgment against her in the Division Court. The omission to prove the existence of such separate personal estate, though it may be urged as a defence, does not attect the jurisdiction. Prohibition was therefore refused. — In re Wi. , though no objection can be taken to the jurisdiction of the Division Court in that Court, the jurisdiction of the High Court of Justice to prohibit the proceedings is not ousted. The garnishees, though partners, resided in difierent places out of the jurisdiction of the Division Court, and but one of them was served. No order was made dispensing with service on the other. The learned Division Court Judge gave judgment against botli in their absence. Per Armour, J. The prohibition might be supported on this ground also. R. S.O. c. 47, s. 134 construed. The Judicature Act does not apply to a case of this kind, the pi'oceedings of which are specially provided for in the Division Courts Act. — Clarke v. Maedonald, 4 0. R., Q. B. D. ^10. 6. The question whether clerks can be garnished for money collected by them discussed at length. — See l(i C. L. J. 33G. 3 primary eel in the the juris- 18. )r a suitor rnishable. he Divis- so is not Division the juris- mth Divi- summons v^ithin his debtee! to ons for i» ), and for II, L. K. 4 ; where a ition of a 8. 14, ()., e Division Justice to 8, though ion of the order was i Division nee. Per is ground t does not I specially J[ac(lo)Mhl, or money X APPEALS. 171 7. The allowance to a juror is not attachable in the hands of the Ireasurer at tlie suit of a judgment creditor of the juror. - Phimps V Austin, Treamrer of York, Garnishee, 3 C. L. J. 316. McDougall, J.J. 8. Sec. 14 of Division Courts Act, 1880, does not refer to cases where there is a total want of jurisdiction, but to cases brought in a wrong Court. -C7.ri,s(;c v. McLean, 17 C. L. J. 88; Mead v. Creary, 32 C. P. 1. ^' 9. Rent accruing due by virtue of the Apportionment Act, R S O cap. 130, sees. 2. 3, may be attached, and when due may be ordered to be paid to satisfy the primary debt- Fatterson v. EichmmA, 17 C. L. J. 324. Ardagh, Co.J. Vni. ArPEALS FROM Division Courts. 1. No case exists for prohibition to a Division Court, pending an appeal from that Court to the Court of Appeal, under 43 Vict, c. 8, 0.~JFiltsey v. Ward, 9 P. R. 210. Cameron, J. 2. At the trial the plaintiff' elected to take a nonsuit, and the judge refused a new trial. Held, that plaintiff was entitled to move to set aside the non- suit, and if refused could appeal therefrom.— Bajf/j <>/ Ottan-a v. McLaiuihlin, 8 A. R. 548. 3. In interpleader cases, ,s(?c Div. VI. 1, ante. t I i - 'r, 1' ' ! it miUm of lUf 5ivi$iott ©ouitjs. CORBKCTEP TO DATE. N.B.— A Table of the Division Courts in Ontario nud tbeir limits will be found in O'Brien's Division Court Munuul, 1h79, p. 420. CLERKS. A LOOM A. CAULKTON. J. R. Armstrong, Ottawa. H. Riley, Richmond. John Fenton, Huntley. W. P. Taylor, Fitzroy Harbour. f 'lias. G. Lindsay, Kars. 6. Ira Morjjan, Metcalf. 7. F. W. Harmer, Hintonburg. DUFFERIN. 1. Guy Leslie, Orangeville. 2. Alex. McLachlin, .Shelburne. 3. J. A. Love, Stanton. 4. G. McManns, Mono Mills. 5. Alex. Richardson, Luther. 1. E. Biggings, Sault Ste. Marie. 2. T. Collins, Bruce Mines. | 3. S. McLean, Little Current. i 4. W. S, Francis, Manitowaning, I 5. Jas. Fraser, Gore Bay. BUANT. 1. Jo.s. Robinson, Brantford. 2. Frank Inksater, Paris. 3. J. P. Galloway, St. George. 4. Hy. Cox, Burford. 5. J. R. Malcolm, Scotland. 6. John Henderson, Onondaga. BUUCE. 1. Wni. Collins, AValkerton. 2. H. B. O'Connor, Teeswater. 3. Jos. Barker, Kincardine. 4. Ts'. McKechnie, Paisley. 5. Jas. McKinnon, Saugeen. 6. Hugh Murray. Underwood. 7. A. Xeelands, Iiiverinay. 8. B. B. Miller, Wiarton. 9. Ja!<. McLeod, Ripley. 10. W. Moshier, Eastnor. ELGIN. A. Love. Aylmer. Chiis. Askew, St. Thomas. Chas. Askew, St. Thomas. F. McDiarmid, Rodney. ESSEX. 1. Jas. A. Stewart, Sandwich. 2. J. H. C. Leu'gatt, Anilierstburg. 3. E. Allwortli, Kingsville. 4. C. Bell, Colchester. n. Geo. A. Morse, Leamington, fi. F. P. Boutollier, Belle River. 7. John McCroa, Windsor. 8. John Milne, Gosfield. FUOXTENAC. 1. William ilnbinson, Kingston. 2. P. McKim, Cataratiui. 3. C. liuttan, Lobori-ugh. 4. A. ( J rant, Verona. 5. 1). J. Walker, Inverary. (UlEY. 1. John Stephens, Owen Sound. 2. David Jat'kson, Durham. 3. Thomas Plunket, Meaford. 4. T. J. Rorke, H.-athcote. .5. J. W. Armstrong, Fleshertun. C. John McDonidd. (Jhatsworth. IIAI.DIMAM). 1. D. McGregor. Caledonia. 2. W. Mussen, ( 'ayuga. 3. T. Armour, Dunnvillp. 4. R. A. Havil, Rainliam. 5. S. K. Snr>.h, Canbiiro". 6. C. E. Borne, Jarvis. HAI-inrRTCN. 1. C. D. Curry. A., .iden. 2. William Prnst, Haliburton. CLERKS. 173. HALTON. 1. William Panton, Milton. 2. R. Balnier, Oakville. 3. Lachlan, Grant, Georgetown. 4. J. Matthews, Actiin. 5. S. 11. Lister, X,assa<,'ii\veya. 6. Chas. C. Basteclo, liurlinyton. HASTINGS. J. R. C. Hnhne, Belleville. 'l. D. R. Ketchenion, WuUbridge. 3. A. B. Randall, Shannon ville. 4. T. McCann, Tweed. 5. F. B. Parker, Stirling. 6. J. S. Looinis, Madoc. 7. A. S. V'alleau, De.seronto. 8. J. Sills, Canifton. 9. J. Simmons', 'I'renton. 10. D. lientley, Marmora. 11. E. James, Bridge water, 12. J. Wilson, L'Amable. HLUON. 1. J. S. McDongall, (loderich. 2. L. Meyer, Seaforth. 3. W. W. Farraii, Clinton. 4. A. Hunter, Brussels. 5. T. Trivett, Exeter. 6. Wru. Mc Arthur, Dungannon. 7. W. W. Connor, Bayfield. 8. James McGuire, Wingham. 9. Jose|>h Cowan, Howick. 10. M. Zeller, Zurich. 11. John Lewis, Crediton. KKNT. 1. W. B. Wells, Chatliam. 2. J. Duck, Morpeth. 3. 8. Wallace. Dresden. _ 4. George Young, Harwich. .".. 1). B. McDonald, Wallaceburg. t». ( George Moore, Bothwell. 7. D.R. Farcjuharson, Tilbury East LAMBTON. 1. H. M. Pousette, Sarnia. 2. J. D. Eccles. Watford. .'>. W. Webster, Florence. 4. P. Cattanach, .Sombra. .1 T. R. K. Scott, Forest. rt. T. Kirkiiatrick, Tliedford. 7. John McCrae, Mooretown. 8. W. G. Eraser, Petrolia. y. J. W. Brennan, Alvinston. LANARK. 1. R. Jamie.son, Perth. 2. ^y.H. Field, Lanark. 3. F. McEwan, Carleton ri.ice. 4. W. M. Keith, Smith's Falls. 5. John Cowan, Pakenhain. 0. J. W. Manning, Almonte. LKEOS AND GUENVILLE. 1. D. B. J(mes, Broekville. 2. B. White, Prescott. 3. S. McCammon, Gananoque. 4. Oliver Basconibe, Kemptville. •5. E. H. Whitniarsh, Merrickville. 6. W. H. Denuut, Delta. 7. H. McCrae, Frankville. 8. H. Kilborn, Newton. !). R. B. Alguire, Farmersville. 10. G. Fairbairn, Spencorville. 11. B. Bellamy, North Au^'usta. 12. F. A. Munro, Mallorytown. LENNOX AND ADDIN(!TON. 1. Charles James, Napanee. 2. C. L. Rogers, Bath. 3. .J. J. Watson, Adolphustown, 4. P. Johnstone, Camden East. .5. W. Whelnn, CentreviUe. 0. .T. A. Zimmerman, Odessa. 7. T. Miller, Tainworth. LINCOLN. 1. Jas. B. Secord, Niagara, [ines. 2. W. A. Mittleberger, St. Cathar- ■ 3. Tliomas Pearson, Smithville. 4. C. E. Riggins, Beamsville. MIDDLESEX. 1. W, .J. Mcintosh, London. 2. William Dickson, Parkhill. 3. J. Flanagan, Clandeboye. 4. C. J. Fox, Delaware. 5. G. Wilson, Glencoe. 0. J. English, Strathroy. 7. N. Burdick, Dorchester. 8. B. E. Sifton, Arva. 9. E. S. Jarvis, London East. MCSKOKA. 1. T. M. Bowerinan, Bracebridge. 2. J. H. Jackson, Severn Bridge, 3. J. R. Reece, Huntsville. 4. R. G. Penson, Port Carling. :ii^. 474 CLERKS. NIPISSING. 1. J. D.Cookburn, Sturgeon Falls. 2. John McMeekin, Mattawa. NORFOLK. 1. W. 1 ,11, Simcoe. 2. Kw. . Aey Waterford. 3. II. ( e i: '. 1 a Jham Centre. 4. C. S. Harrii^, Courtland. 5. M. J. McCall, Vittoria. 6. S. r. ^^al»p^ Poit V«wan. 7. D. C. Bra . Ho,, a. 8. Lawrence b'key, T jv\ I>'ivei'. NORTHUMBEllLAND AND DURHAM. 1. F. Cubitt, Bowmanville. 2. S. Wilmot, Newcastle. 3. G. M. Furby, Port Hope. 4. John Hunter Millbrook. 5. A. G, Boswell, Cobourg. 6. H. Lawless, Grafton. 7. W. Johnstone, Colborne. 8. P. M. Ketchum, Brighton. 9. R. R. Hurlburt, Warkworth. 10, T. R. Garratt, Wooler. 11. D. Kennedy, Cainpbellford. ONTARIO. 1. D. C. Macdonell, Whitby. 2. M. Gleeson, Greenwood. 3. J. Burnham, Port Perry. 4. Z. Hemphill, Uxbridge. 5. C. Burnnam, Cannington. 6. G. F. Bruce, Beaverton. 7. F. J. Gillespie, Uptergrove. OXFORD. 1. F. W. Macqueen, Woodstock. 2. M. F. Ainsley, Blenheim. 3. Robt". Murray, Embro. 4. Jas. Barr, Norwichville. 5. James Stevens, Ingersoll. 6. J. Hodgson, Tilsonburg. PARRY SOUND. 1. R. H. Stewart, Parry Sound. 2. H. Armstrong, Mcl^ellar P. O. 3. E. Sirett, Rosseau. 4. James Sharpe, Beggsboro'. 6. J. G. Best, Magnetawan. 6. Melton Carr, Commanda. PEEL. 1. J. W. Main, Brampton. 2. Lewis Shain, Streetsville. 3. John Harris, Caledon. 4. H. H. Bolton, Bolton. PERTH. 1. D. B. Burritt, Stratford. 2. Thomas Matheson, Mitchell. 3. E. Long, St. Marys. 4. (i. Brown. Shakes|)eare. 5. Th(mias Trow, Milverton. 6. W. J. Hay, Listowel. PETERBOROUGH. 1. R. W. Jirrett, Peterborough. 2. J. A. Butterfield, Norwood. 3. T. Cami)bell, Keene. 4. S. Sherin, Lakefield. 5. C. R. D. Booth, Apsley. PBESCOTT AND RUSSELL. 1. David Buchan, L'Orignal. 2. John Shields, Vaukleek Hill. 3. W. xVllison, Hawkeshury East. 4. J. Van Bridger, Plantagenet. 4. J. S. Cameron, Cumberland. 0. A. Carson, Russell. 7. R. Lawloi', Hawkesljury, 8. J. Downing, Fi)urnier. 9. F. Langrell, Alfred. 10. A. H. Edwards, iiockland. 11. Peter Stewart, Casselman. PIUXCK EDWARD. 1. William Young, Picton. 2. Hy. Haight, Milford. 3. .1. Hamilton, Demorestville. 4. Wm. C. DeLong. Ameliasburgh. 5. J. B. Garratt, Wellington. 6. A. B. Saylor. Bloomfield. 7. J. M. Cadman, Consecon. 8. E. Harrison, Waupoos. RENFREW. 1. W. C. Irving, Pembroke. 2. T. E. Thwates, Beachburg. 3. George Eady, jr., Renfrew. 4. George E. Neilson, Arnprior. 5. John Bernard, Shamrock. 6. James Reeves, Eganville. 7. Robert Allen, Cobden. 8. J. C. Gutney, Rockingham. CLERKS. 175 SIMCOE. 1. A. J. Lloyd, Barrip. 2. H. W. Manning, Bradford. 3. W. H. Dickson, Beeton. 4. A. Du(lgeon, Collin(,'\v()0(l, 5. A. Craijj, Craighnrst. 6. J. P. Henderson. (3rillia. 7. J. A. Mather, New Lowell. 8. J. G. Hood, Alliston. 9. H. Jennint^s, I'enetanguishene. 10. J. C. Steele, Steele. 8T0RM0NT, DUNOAS AND GLENOAURV. 1. G.H.McGillivray,Williainsto\vn 2. C. D. Chiwholni, Alexandria. 3. C. J. Mattice, ( 'ovnwall. 4. A. Archibald, iJiekenson's Ln'g. 5. Wm. (rarvey, jr., Morrisburj,'. 6. J. N. Tuttle, Iroquois. 7. W. J. Ridley, South .Mountain. 8. J. A. Cocklmrn, I'rysler. 9. P. Stuart, Lancaster. 10. W. IJae, Chesterville. 11. 1). Mcintosh, Mouckland. 12. .r. li. McKenzio, Skye. THUNDEU BAY. 1. W. H. Laird, Port Arthur. 2. J. Aikens, Kn!,'lisli Kivor P. 0. 3. F. J. Apjohn, Kat Portage. 4. Alexander lleid, Fort Francis. • VICTOUIA. 1. Peter McSweyn, Woodville. 2. G. Cunningham, Fenelon Falls. 3. J. Jnnkin, Bohcaygeon. 4. \V. Higginliotham, Omemee. .5. (). J. >lclvil)l)in, Lindsay. <). J. F. Cunnings, Oakwood. 7. F. G. Miller, Victoria Koad. WATERLOO. 1. A. J. Peterson, Berlin. 2. Otto Klotz, Pre.^toii. 3. P. Keefer, Gait. 4. W. 1). Watson, Avr. o. .T. Allchin, New Hamburg. 0. 11. Morrisim, Hawkesville. 7. J. L. Wideman, St. Jacobs. WELLAND. 1. G. L. Hobson, Welland. 2. E. Lee, MarshviUe. ;>. T. Newbigging, Fort Erie. 4. J. A. Orchard, Druuimondville. 5. John J. Gearin, Tluirold, C. A. K. Schofield, Port Colborne. WKLLINGTON. 1. A. A. Baker, Guelph. 2. William Nichol, Puslinch. 3. 1). L. Schultz, Kockwood. 4. T. W. Thomson, Fergus. 5. W. Tyler, Erin. (i. W. P. McMiching, Elora. 7. G. Allen, Glenallen. 8. J. P. Jordan, Arthur. 9. Guy Leslie, Orangeville. 10. A. C. Pi. Saunders, Harriston. 11. J. C. Wilkes, Mount Forest. 12. L. Iv. Adams, Drayton. WENTWORTH. 1. H. T. Bunbury, Hamilton. 2. F. D. Suter, Dundas. 3. J. McMonies, jr., Waterdown. 4. W. McDonald, Rockton. 5. A. G. .Tones, Stony Creek. 6. L. A. Gurnett, Ancaster. 7. J. McClemont, Glanford. 8. J. S. Taylor, Binbrook. 9. R. L. Gunn, Hamilton. YORK. 1. A. ^IcL. Howard, Toronto. 2. J. Stevenson, Unionville. 3. J. M. Lawrence, Richmond Hill. 4. D. Lloyd, Newmarket. 0. W. Fry, Sutton. 6. A. Armstrong, Lloydtown. 7. John Nattress, Woodbridge. 8. John Paul, We.ston. 9. J. H. Richardson, Highland Cr'k. 10. E. H. Duggan, Toronto. ■I 1 17C BAILIFFS. BAILIFFS. 1 ti 7 8 10 ALOOMA. John Dawson, Sault Ste. Marie. James Mills, Bruce Minos. D. McKenzie, Little Ciu-rent. J. Gorley, Manitowaning. E. h. Jackson, Gore Bay. BRANT. Joseph Jackson, Brantford. A. Hnson, Par' U. S. Woite, South Dumfries. Joseph Jackson, Brantford. Charles Wheelanil, Scotland, Matthew Day, Onondaya. BRUCE. M. Thompson, W.alkerton, P. Corrigan, Holywood. John Farquharson, Teeswater. T. A. Ijoacombe, Kincardine. W. W. Hog(,', Paislejr. M. Hunter, l*.)rt Elgin. Goi'e Leggett, L'nderwood. John D. Wliite, Invermay. H. Trout, Wiarton. Donald McDonald, Ripley. Edward Barley, Kastnor. CARLKTON, Hamilton, Ottawa. , (R, ^ \ John Whitton, Ottawa. 2 R. S. Wilmot, Richmond. 3 E. G. Hughes, Huntley. 5 W. A. Shireff, Fit/.roy. 5 David Brown, North (iower. 6 John Eastman, Os^roode. 7 A. Wilson, Bell's Corners. nUFFKUIN. 1 William Parsons', Orangeville. 2 E. F. Bowps, Shellnirue, 3 A. Cauthers, Stauntnn. 4 William Parsuns, Orangeville. 5 Robert Beales, Luther. ELGIN. 1 W. W. White, Aylmer. 2 Henry Thornton, St. Thomas. 3 Henry Thornton, St. Thomas. 4 John McCallum, West Lome. 3 4 5 6 8 2 3 ESSEX. 1 Allvis Masters, Sandwich. 2 ( William Kelly, Amherstburgh. I C. Wright, Amherstburgh. George Mallott, Kingsville. G. Pearce, Colchester South. J. McGaw, Leamington. William Mann, Comber. A. Botsford, Windsor. J. S, Askew, Windsor. Geo. Matthews, Essex Centre. FRONTENAC. M. Fuilong, Kingstim. .J. H. (rardner, Kingston. .T. W. Freeman, Longboro'. ( M. W. Price, Arden. 4< Henry Sly, Verona. ( Sainuol \litchell, I'levn.a. - ( Samuel Mitchell, Plevna. ■ ( J. H. Macnamara, Storington. GREY. 1 Robert Edgar, Owen Soinid. 2 James Carson, Durham. 3 Andrew Watt, Meaford. 4 A. Mitchell, Clarksburgh. 5 A. S. Vanduseii, Flesherton. W. B. Simpson, Chats worth. HALOIMANO. 1 E. J. Wigg, Caledonia, o 3 J. Clemow, Dunnville. 4 David Byers, Selkirk. .5 E. W. Rr)bins, Canboro'. G F. Heartwell, Jarvis. HALI BURTON. 1 R. C. Garratt, Minden. 2 John Stothart, Haliburton. HALTON. 1 J, A. Eraser, Milton. 2 S. Bell, Oakville. 3 Joim Hayes, Georgetown. 4 William Hemstreet, Milton. 5 E. Chapman, Nassagaweya. 6 J. W. Henderson, Burlington. BAILIFFS. 77 (vich. erstburgh. urgh. sville. South, on. )er. r. x Centre. n. (ton. rboro'. vna. Itorington. Stmncl. lUI. )r(l. ir-li. iherton. isworth. a. ro , n. urton. iwn. i>Iilton. weya. urlington. 1 2 :i 4 ii r> 7 S 10 11 12 8 it 10 U HASTINCS, George W. Sills, Belleville. J. K. l^leecker. Knuikfoiil. A. D. Steelii, Shainicinville. W. J. IJowell, Twee.l. C. Butler, Sterling. Henry Bull. Mtuloc. (t. J. (Jiirter. I'eHenmto. 1). Phillips, I'hilliiiston. Tj. ("ruikshixnk, Trenton. James O. I'.rown, Miirnir)i-a. W. Ashley, BriilgewMer. X, H, Stevenson, l^'Amahlo. m'Kos. John Knox, (ioilerieh. ,T. Brine, Seiifortli. 1>. Dickenson, Clinton. Finlay S. Scott, I'lussels. .John (Jill, ICxetcr. J()sei)h Mallough, Dnngiumon. J. Ferguson, P>iiytielil. .Tohii Snell, Wiiighani. Josepli (Jowan, Wroxuter. E. Rossenburg. Zurich. J. Biuies. Creiliton. KENT. j Charles J. Moore, Chatham. \ T. H. Nelson, Chatham. William Teetzel, Mori)oth. Charles Stephens, Dres.len. ( W. U. Fellows, Honileau. "i .John A. Tiittle, llondeau. Thos. Fordham, Wallaceburgh. H. F. Smitlj, Bothwell. S. J. Thomas, Bothwell. M. Uillion, Merliti. LAMBTON. 1 Robert Mills, Sarnia. 2 J. T. Elliott, Watford. .. j Thomas Mead, Florence. ' { Richard L. Bobier, Florence. N. Cornwall, Sombra. Kugene Masson, Lambton. J. G. Braddon, Thedford. John Mclrill, Moore. Thos. Sinclair, Petrolia. W. Fitzpatrick, Alvinston. «{ LANARK. , ( James Patterson, Perth. ^ \ D. McKenacher, Perth. Q j Peter Kerr, Lanark. " ( Robert Watt, Lanark. 3 J. Mcl'horsoi), Carlton's Pl;\oi'. ■* 11. I>. ('iKihiiers, Smith's Falls. "' Williaiii Sfott, I'ackt'iiham. ti -lohn Slattory, Ahiidut. M u lo- ll 12 I.KKDS AND (JUKNVII.LK. H. Mcl'hail, r.iockville. •M. Hunter, iinickvilk'. John Stitt, Prescott, .1. .Icnkunsoii, Presfott. S. I'". (!icni/an. (iiuianof|\ie. .1. I >it;kinson, Kciiiptvillo. 1'. Dou-.lall, .Mmickville. W. ir. Di.nant, Delta. S. il. ivaiison, ht'lta. I'riah Stoni', Frankville. l;. iiicliiiril.-'. Frankville. W. (i. Mitclu'll, XMwl)oro'. ^y. S. I'.illon, West Point. • 1. \\ . I'.rown, Farnii'rsville. William Still, jr., Spencerville. David P. Snyder, Spencerville. S. .1. Whaley, North Augusta. F. 'riioinpson, Mallorytown. LKN.VOX AM) A»l)I.\(;rON. 1 Z. 11 am, Najianee. 2 R. K. Finklo, P.ath. •i D. Dawson. Adolphustown, 4 Z. Ham, Naiianee. 5 P. \'aii(lerwater, Centroville. .lohn W. Denyes, Odessa. ^ ( P. F._Carscallen, Tamworth. I Dennis Craigen, Anglesea. LINCOLN. 1 P. Hennigan, Niagara. 2 J. S. Clement, St. Catharines. 3 A. 1). Lacey, Smithville. 4 F. B. Liodg'ers, Bramville. MIDDLESEX. , ( L.G. Willsie, Dorchester Station \ John Burns, London East. 2 Edw.ard Manes, Parkhill. 3 G. W. Hodgins, McGillivray. 4 J. Fitzallen, Delaware. 5 James A. Waterworth, Glencoe. 6 F. Wilson, Strathroy. 7 John Beverley, London East. 8 A. Cunnning, Avon. 9 H.H.Scott, Townshipof Londoiv MUSKOKA. 1 J. Westover, Bracebridge. 2 T. M. Robinson, Gravenhurst. 3 C. Peacock, Chaffey. 4 William Norris, Port Carling. Il 178 nAILIFFS. NiriHSiNO, 1 H. Kincli, .S|irinh'ei'. 2 X. Hanger, Mnttawa. NOHFOLK. 1 X. Pet't,', Simcoe. 2 Edward (Jriice, Waterford. 3 I). C WdikI, Simcoe. 4 Hubert Pow.t, Dullii. 5 A. Wood. N'ittoriu. (5 (). J. McCall, Port Uowiui. 7 Thoiiias Pierce, Cloar Creek. 8 Hiram Fairchild, I'ort Dover. NOnTHfJinKKLAM) AND DIHUA.M. 1 2 4 i) (i 7 8 10 11 ( P. Coleman, liowmativille. ( Charles Coleman, IJowmanville. N. A. .Jerome, Orono. Thomas .Monai,'hun, J'ort Hope, Hy. Atkins, Millhrook. (). Dean, ( 'iiI)onr^'. Tiiomas Patterson, Grafton. .Fohn J\eives, Colliorne. H. J. Scripture, Uriirliton. (ieori^e H. I5o\ce, Warkworth. W. H. Jlichards. Wooler. Robert Cook, Canipbellford. ONTAuro. .T. H. Palmer, Wliitbv. C. H. Mattliews, Ui-o'iii,'liam. .Tames I). Paxtoii, Port Perry, J. C. Widdifield. r.xbrid-e. y, Pembroke. ( James Miller, Pembroke. o i A. Aches(m, Westmeath. *■ ( .Tohn Beaupre, Beechburgh. .S S. (). Gornnvn, Renfrew. 4 Wm. Wilson, Arnprior. 3 ■1 .") (i 7 8 !» 10 11 I'.AlLll'rs. 170 5 John Riirns, Dacre. <; lIuglilJallaKlier, K-anvillu. 7 (loo. Marshall, Cnlxlun. 8 John Hartiiey, Hockiii;,'liam. { tj 7 8 on, Martintowu. 2 S. K. Mcli.'od. AK'xaii.lria. 1). McDoncU, (Jornwall. . ( H. 15ush, l.uniMiliiiri,'!). ( li. Warner, Osiialiruck Centre. T) Jacob Hooper, Mnrrislinrt;]!. (1 Win. A. Munro, IriMjudls, 7 A. Hednioml. South Monntani. 8 Sam. Dallahiiuiih, .So\ith Finch. '.i tl. A. Iloliertson, Martintowu. 10 A. Stillnieyer, Chesterville. 11 Peter Mclutosli, .Monckland. 12 S. 11. McLeoil, Alexandria. THL'N'IIKH HAY. 1 P. S. (Jrittiii, Port Arthur. 2 Jos. McKinuon, Isn^'lisli lliver, a H. H. McKay, Woodstock. 4 W. Lindsay, Fort Francis. VICTOIUA. 1 Fred Leas, Woodv ille. 2 John Austin, Fenelon Falls. 3 Thos. Cheethain, Uobcayfjeon. 4 (tbo. a. lialfour, Onieniee, 5 Geo. McHu},'h, Ijindsay. 6 E. A. Bowes, Oakwooil. 7 VVnn. Beden, Victoria lload. WATKllLOO. 1 J. Klipi)ert, Berlin. 2 John Kirkpatrick, Gait. ■J j Tli(,ina> Field, Calt. l.lohu Kirkpatrick, fJalt. ■i K. Pxnichier, Wasliini,'ton. •; •'. 1'.. Conk, Now llanihiiriih. J> .. Ih..iiip-;,m, llawkesville. I h. Ihonipson, llawkesville. WKM.ANI), 1 ( Benjamin Bears, Welland. _ ) (jasper I.'amcy, Holland. 2 F.dward Hfuderson, Fort Hrir. ;! G.lJi'iiliani, International llriil e 4 .1. 1). Fralic, Xi.i-Mia Falls, S. :> Lanson Theal, Thomld. IJ A. lioyer. Port Colliorne. ( S !( 10 11 12 2 4 (J 7 8 <( 10 WKI.LINUTU.V. P. Spra^'k'e, Gneliili. Thomas Iiij^'rani, jr., Pusliiic''. William Hi-instreet, Itockwood. A. McMillan, W(^st (iarafraxa. •lames iJroddy, Erin. William Findlay, Flora. (Jeni'^'c Mcllis, (ilenallen. David T. Small, Arthur. William Parsons, < )ranf,'evill ■, J. l;ivim,'ston, llarristoii. A. (ioilfrev. Mount Forest. S. 15. Trask, J)rayton. WKXTWOKTII. ("has. Williams, Hamilton. F. P. I lanes, l)uiulas. John (Iraluun, Waterdown. I'. Haiman, Uockton. S. .Sprintrster, St(my Creek. F. P. Hanes, Dundas. James i'oyes, iiinbrook. James Boyes, Binbrook. J. Greenfield, Hamilton. YORK. J. W. Win-field, Parkdale. St. .lohn Severs, Toronto. James Stewart, Toronto. James Stewart, Toronto. William MaUoy, Sharon, It. 11. Shei)pard, (ieorgina. James W. Crossley, King. •Fames Stewart, Toronto. •lanjos Stewart, Toronto. W. Lake, Highland Creek. Peter Small, Toronto. I TABLE OF FORMS. AFFIDAVIT. for change oi pliici! f)f trial, by (lefoiulaiit, 13. by dt'londant's agent, 14. of juatification, lia. of execution of bond, ,'55, for judgment summons by i)lHintil}'. (58. by ilefendant, G8, BILLS OF COSTS. for clerks and bailitl's. 106, 151. Bi)ND. on appeal under extension f»f jurisdiction, IW. on appeal under Master and Servant Act , (ili. CERTIFICATE. of clerk, to Court of A^jpeal, 38. CONSENT. to place of trial, 22. NOTICE. of motion for change of place of trial, 1.'). disputing jurisdiction, 25. of intention to appeal, 33. staying proceedings on appeal, 33. of setting down appeal for argument, 39. of appeal under Master and Servant Act, CI. recjuiring jury under Master and Servant Act, G4. ORDER. for change of place of trial, 16. allowing substitutional service, 71. PROCEDURE BOOK. entry in, of appeal under Master and Servant Act, 03 SUMMONS. for change of place of trial, 15. INDEX TO MANUAL OF 1880 AND SUPPLEMiiNT OF 1885. ABANDONMENT. See Execution. ABSCJONDINCt DHBTOl!. incroiisL'd jiiriHilictiDii iipiiliiss in iiniouedin^s ii;,'iun.st, 10. c'\tout (if such iippliuiition, 1'.). ACKNOWLEUCiMKXT. .sVf .rL'itisDHTK.N (Mxti'.xsion ov). ACTION. whoro may ho broiv^ht imilor new jurisdiction, 91. whore cause of, arises uuilov sauie, "Jl, '-'■_'. against bail ill' f.ir false return. N •■ 15 viiai't". AEFIDxVVIT. for change of ; lace of trial, by (lefendant, 2il by defendant's agent, 24. of justilioation, 83. of execution of bond, 15."). for judg'nient sununons by plaintitT, 78. l)y defendant, (JS. for order for sukstitutional service, 81. AtiENT. signature by, to bring case under new jurisdiction, 17. meaning of the word discussed, 28. for service in appeal proceedings, 45. who to be deemed, under sec. i'-VA, 140. APPEALS. (Undkk Kxtkndkd Jckishiction.) right of, practically reduced by this Ace, 18. lies to Court of .\ppeal, 30. under what circumstances, 30. allowed when sum in dispute on ajipeal^ exceeds $100, 18, 39. meaning of " sum in dispute on such appeal," 18, ;f.'. none in case of tort or replevin, 18. evidence at trial to be taken down, 20. ■i'M 182 irDEX. APPEALS- Cimtnnud. agreement mjij- be made not to appeal, 20. when may be made and effect of, 20. only lies after application for new trial, 39. reason and effect of this, 39. grounds on which parties may appeal, 40. exten;, of the right to appeal discussed, 40, 41. meaning of words "dissatisfied with the decision of a judge," 40. where question involves conflict of evidence, 41. proceedings in, to follow County Court Act, 40, 41, 42. sections of County Court Act ajiplicable, 42. meaning of " party to a cause " and " appellant," 39, 42. notice of appeal should be given, 43, 45 form of, 43. stay of i»roccedings pending appeal, 43. ord'jr to be obtained, 43, 44. form of, 4b. service of, 44. security to be given on, 42. within what time, 44. may be by payment of money, 42, 44. by bond, requisites of, 42. form of bond, 44. affidavit of justification retjuired, 42, 45. fitrm of, 45. affidavit of execution required, 42. form of, 45. practice on perfecting, 44, 4G. execution of and [)artie8 to, 44. excepting to sutficiency of, 4(). to be tiled in court, 4(». appointment of agent for service of appeal papers, 45, 4ti. service .of papers if n«me appointed, 47. clerk to transiuit pai)ers, 47. to give certificate of pleadings, evidence, etc, 47. form and requisites of, 47. to give duplicate if recjuired, 48. setting down ai)[)eals. 48. notice thereof to be given, 48. form of, 49. to be heard before a judge of the Court of Appeal, 49. powers of appellate judge, 40, 4J , 49. costs provided for, 4!>, 50. limited to .S15 and disbursments, 50. in interpleader cases, when, 140. recent cases affecting, see Diokst of Case.s, 171. APPEALS. {Undkk Mahtku and Servant Act.) Sw Master and Sekvant. INDEX. 183 APPOINTMKXT. Sec Ci.kuk-Hvu.ifp. ARliEST AND IMPllTSOX.MHXT ACT. provisions as to judgment summons do not apply to, 80. ATTACHMKXT. procoduro by substitutinnal service partly supersedes 82 duties of bailitfon receivinif warrant of, 104. ' ATTACHMEXT OF DEBTS. .Scc Garxishke. xVTTOT\i':YS. their position under this Act, 28, 29. AUCTIONEER. sii^Miature by, to l)rinL; case within new jurisdiction, 17. BAILIFF. appointment and dismissiU of. X,(; Olkuk. appointment of dejiuty by, 1:17. additional security by, 21. suits against, where may bo brought, :30. piMceedings in transcript, 37. subject to inspection l>y Inspector, ."il. to produce books, etc., wlien required, 53. to inform him of aiipointmont, ')3. to inform him as to sureties, 53. to have and produce certificate of Clerk of theJPence, 54. fees— forms of bills and tariff, etc, 151, 152, 155, 15G. to keep book of fees, 54. to make return of fees earned, 54. meaning of '"fees earned,"' 54, 58. not to collect claims on commission, 57. neces.sity and effect of this enactment, 07. action against for false return, OG. inaction of. a ipiestion for the jury, %. breach of duty without actual damage, IKl. sunnnary proceedings under s c. 220 no bar Lo action, 9G. duties on receiving executions, 104. report of clerk to judges as to sureties, 104. See Okkickks. BAL.VXCE. meaning of, 14. BILLS AND NOTES. up to !^200 are within new jurisdiction, 13. BILLS OF ( 'OSTS. forms of, 151. 4 184 INDEX. BOARD OF COUNTY JUDGES, may make rules under Act, 84. BOND. as security on appeals. Sec Appeals — Master and Skrvant. CAUSE OF ACTION, where it arises, 21. cheque drawn in one Division, payable in another, '2'2. 27. arisini^ on .agency of party making contract, 75. part of contract by letter, 88 CHANGE OF PLACE OF TllIVL. Sec Trial-Vk.nle. CLERK OF THE PEACE. to give certificate to clerk and bailiff on demand, 5t. CLERK. appointment and dismissal of, |)ower given to Lieut. -Governor, 54, County Court Clerk eligible for office, 50. not to collect del)ts on commission, 57. neci'ssity and effect of tbis enactment, 57. when not diKipialified as members of Provincial Parliament, 57. fees to, limited, 58. mode of payment discussed, 58. forms of bills and tariff, 107, 110, 121, 151 ct sci^. to ))ay excess to Provincial Treasurer, 4'J. to keep book :if, 54. to make return of fees earned, 54. meaning of ' fees earned," 54, oS. to return jury fees to County Treasurer, 03. to enter appeal under Master and Servant .\ct in procedure book, 73. C C C c C( C( c< C( c< INDEX. 185 CLERK— Co7itinHed. to mail notice of payment of money 7G and to procure and tile P. 0. certificate, 76 no fees provided for thia, 77. notice to be noted in procedure book 77 to lay return as to officers before judc/e, 104 " duties aa to entiuiries by suitors, 104^' 105 duties as to services and oxecutious from 'foreign court. 104 duties ..f, in cases of appeal. ^S'ce Appeals See Officeks. COMMISSION. oflicers not to collect debts on, 57. COMMIT.NIENT. ,ee DruK.,T op C.vses-Juogment Summons. CONSHXT. trial by, in any division, 31. CONTKSTHD CASE. nieaninj.^ of words discussed, 30. CORPORATION. Avhen a garnishee— procedure, 139, 140. service of process on. 140, 147. meanini,' of "agent," 140, 148. COSTS. Sec AiM'KAi.s -i'..\iuKb'-CLEiiic-Cou\sEL Fkk-Gakn'ishkk- Inhpectok-Mastkr and Servant -Taiufk of Fees -Witness ]''EES. COUNSEL FEE. allowed to successful party in certain cases, 38. rules which should guide as to granting, 38. not aUowed in actions of tort ur replevin. o8. COINTY ATTORNEY. to renew executions when no clerk, 77, 83. entitled to fees, 78. COUNTY COURT ACT. sections of, applicable to appeals, 42. how far practice of, to be followed, 40. COUNTY COURT CLERK. eligible for office of Division Court Clerk, 50. COURT OF APPEAL. judge of, to liear appeals from Division Courts, 49. 186 INDEX. COURTS. where suit tried, to have full jurisdiction, 33. holdini^ of, in cities, 60. both clerks may have offices in same division, (iO. in county towns may be held in Court House, GO. cost of accommodation, 148. DEBT. meaning of the word, 13. DIGEST OF CASES, 157. DISMISSAL. See Bailiff-Clerk. DISTANCE. to be measured as the crow flies, 3G. ENTRY OF SUIT. in wrong court by mistake, 32. EVIDENCE. to be taken down by judge in certain cases, It), 20, 107. to be used on application for new trial, 20. and for use of appellate court on an appeal, 20. See Officers. EXECUTION. seizure by writing " sold " on article, and then leaving for three months, 91. evidence of abandonment of 01. waiver of abandonment of, 01. notice of return of nnlla Itoiut, 1:38. on appeal under Master and Servant Act, 74. renewal of by County Attorney, 77. for six months instead of forty days, 83. advantages of change, 83. duties of baililf on receiving, 104. recent decisions affecting, see Digest of Cases, 108. FALSE RETURN. action for. See Bailiff. FEES. See Bailiff -Cleuk— Jury. FOREIGN COURT. duties of clerk on receiving papers from, 114. FORMS. See Table of, 180— Tariff of Fkes, 151. G. H( H( IL IN IN JV INDEX. 187 1 1 !0. for throe GARNISHEE. jurisdiction, jono against primary debtor except through garni- where summons to issue when a corporation. 139 notice contesting, 142. garnishee not a defendant within R. S c 47 h ao so claim for >vages, 130. ' ' ' ^'^• judge may .ward costs to primary creditor 83. when this provision applies, 83. ' where, a corporation, 1;>9, 140. recent decisions ati'ecting, .sw Digest of Cases 1G9. HOLDING OF COURTS. See Courts. HOLIDAYS. on what days clerks' offices to be opened, 51. provisions respecting, in Interpretation Act, 51. ILLITERATE TERSOXS. execution of documents ])y, IG. INSPECTOR OF DIVISION COURTS. Lieut. -Governor to appoint, 50. appointment of, 50. duties of, defined, 50. to inspect dtiices, 50. to inspect books, entries and records, 51. to require efficient performance of duties by officeis, 51. to see that lawful fees taxed, 5'2. to see that proper security is given by officers, 52. to report to Lieut.-Governor, 52. to hold entjuiries as to conduct of officers. 52, 149. to grant leave of absence to officers, 137. salary of, 52. INTERPLEADER. appeal in cases of, 140. trial of issues on, 141. adjudication by judge, 145. awarding damages, 140. right (if defence and appeal, 146. recent decisions ati'ecting, .see Digest of Cases, 157. JUDGE. may grant order for change of venue, 22 may stay proceedings on appeal, 43. powers and duties under Master and Servant Act, 74. powers and duties as to suspension or removal of officers, 56, 57. to give certificate to clerk for jury fund money, 65. 188 INDEX. JUBGE-Continued. to make returns of committals of debtors, 78. in Chambers, summary application to, how to be made, 151. recent decisions affecting. See Digest of Cases, 157. JUDGMENT. on applicatinii for new trials, etc., 141. by default, when final, 142. motion for, procedure on, 143. application for final, 143. showiui^ cause against, 144. leave to defend on terms, 144 applies only to certain claims, 145. JUDGMENT DEBTORS. amendment of R. S. O. c. 47, sec. 177, 138. returns as to, by clerk, 142. JUDGMENT SUMMONS. return of commitments under, to be made by judges, 78. affidavit to be made before summons can issue, 78. if judgment for defendant. 70. must not be in alternative, 70. cases in which debtors may bo committed, 70. only one summoning now necessarj', 70. personal service not re(iuired, 70. provisions as to, do not apply to Arrest Act, 80. JUKISDICTION. entry of suit by mistake in wrong court, 32. change albnved and practice thereon, 32. 33. court where suit entered or to whicii removed to iiave-iuU power, 33. trial by C(msent in any division, 31. notice of intention to dispute, 34, o5. form of, 35. mode of service, 34, effect of not giving, .35. does not confer unlimited jurisdiction, 36. title to land in ([uestion, IGl. in action against olticers, 30. in gai'nishee cases. >*>Vc Ctaknishek. recent decisions afi'ecting. »SVt' Diuest of Cases, ICO. JUKISDICTION (ExTKNsioN of). advisability of, discussed, 11. extent of, 12. confined to debt or money demand not exceeding 8200, ascer- tained by signature, 12. INDEX. 189. D, Vol. 78. nave -luil •JOO, asccr- JURISDICTION-Conplie8 to proceedings against absconding debtor, 19. order in which suits to be trieO , 19. change of place of trial in cases under. See Change of Venue. appeals under extended jurisdiction. See Appeals. recent decisions affecting. Sve Digivst of Cases, 100, etc. .TITRORS. Sec JvuY. JURY. R. S. O. cap 47, sec. 109, repealed, 60. may be had in replevin cases, 01. may bo had in tort or replevin to §20, 61. in other actions to §30, 01. mode of selecting jurors, 01. sec. 112 of D. C. Act as it now stands, 02. fees to jurors, change in mode of payment, 02, 64. fund provided for ])ayment of, 02, 04. clerk to pay $1 to each juror, 64. not payable to juror called under sec. 122 of D. C. Act, 05. clerk to make return to county treasurer, 03. in case of city to return to city treasurer, 64. treasurer to keep account of moneys received, 63, 64. and to refund to clerks on judge's certificate, 05. twelve jurors to be summoned, 65. mode of summoning, 146. I (■%.>.: 190 INDEX. JURY— Continued. tales may be called if panel exhausted, 66. meaning of, 06. entitled to fees, 66. JURY FUND. Set Jury. JUSTICE OF THE PEACE. jurisdiction under Master and Servant Act, 66. JUSTIFICATION (Affidavit of). form of, 45. * LEAVE OF ABSENCE. Inspector may grant to officers, 137. LEGISLATIVE ASSEMBLY. clerks heretofore appointed may bo members of, 57. LI KUTENANT-GOVERNO]{. may api)oint and dismiss officers, 55. MASTER AND SERVANT ACT (R. S. O., ca|). 133, 07). voluntary contracts of service, 67. workmen may share in profits of business, 67. verbal agreement to be binding, 68. servants' wearing apparel kept in pledge, 68. justices to decide disputes, 68. agreements made out of Ontario, 69. summary proceedings before justices, 60. justices to take evidence, (}'.). county where complaints to be ))rosecuted, 69. servants may summon employer before justices, 69. justices to determine complaints, 70. appeal from convictions under, 60, 70. to be made to Division Courts, 66. formerly to General Sessions, 66. what matters may be appealed, 71. to be made to Division Court where cause of action arose, 71- rule governing in such case, 71. notice of appeal to be given and by whom, 71. form of, 71. when to be given, 71. how to be served, 72. affidavit of service to be made, 72. notice of affidavit to be tiled, 72, 7'o- 1 J 191 ind Ki'ivant INDEX. MASTER AND SERVANT XC1- Continued. "form ofrr '" "Pl'"'^*^ l^'^'-ty- 72- c(>n(liti(jii of, 7;}. atiidiivits ro(iuired, 7,3. when may bu clolivere.'l to reapondant 7'^ cause to be entered in procedure book 73' form of entry, 73. ' appellant to appear personally 73 jury may be had if re(|uircd. 74 proceedmgs if appeal dianiiased, 74 execution f.,r money awarded or for costs 74 ""let,*'?!;; ^ *' "'^''' ""^^'^'" '''■ 12 of MasLr MISTAKE. entry of suit in wrong court, 32. MUSKOKA. certain provisions applicable to, ]35. MONEY DE.MANl). meaning uf, 12, 13. NEAlMvST. means nearest as the crow flies, 3G. NEW TRIAL. must be applied for before appeal allowed, 39 judgment on application for, 141. NIPISSING. certain provisions ai)plicable to, 135. NOTICE. of motion to cliange venue, 25. to be endorsed on summons of right to apply to change venue, 34. of return uf nnUa homt, 138. must be in writing, 147. of intention ti) dispute jurisdiction. See Jurisdiction. ofaj)peal. (Sec Appeals. NULLA 150NA. *e Execution. OFFICERS. Inspector may grant leave of absence to, 137. no fees to, except those allowed by tariff, 139. entries of, evidence against sureties, 147. meaning of " clerks " and " bailiffs," 147. list of, 172. recent decisions afl'ecting. Sec Digest of Case.s, 158. 192 INDEX. ONTARIO JUDIOATUKE ACT. Sec Bailifp-Cleuk -Jlooe. how procedure afiected by, 105. ORDER. in which suita are to bo tried, 19. PARRY SOUND. certain provisions applicable to, 135. PARTNER. signiiture by, to br'ng case within now jurisdiction, 17. PAYMENT. notice of, to bo sent by clerk, 70. PENDING PHOCEEDINGS. what are, 84. .Act not to atFent, 84. PLACE OF TRIAL. See Vk.vue. PROCEDURE. recent decisions affecting. See Digest or Case.s, 158. PROCEDUHK ]5()0K. entry of proceeding on appeal under Master and Servant Act, 7-3. entry of mailing notice of money received, 77. PROHIBITION. after judgment and execution, 85. if case decided in court below after evidence taken, no proliibi- tion lies, 85. otherwise if n'- auch decision and facts clear on alHdavit, 85. See Digest ok Cases, pansim. PROMISSORY NOTES. up to $200 are within new jurisdiction, 18. RENEWING EXECUTION. Sec Execution. RESIDENCE. meaning of, 37. REPLEVIN. jurisdiction extended to -SOO, 18. no appeal allowed in, 18. counsel fee not given in cases of, 38. when jury may be had in, 01. duties of bailiff on receiving writ of, 104. RETURNS. See Bailiff — Cleuk — Execution— Jidumknt Summons— JUBY. r.<^- INDEX. 193 RULES AND FORMS. may 1)0 miulo by R,,,ird ,,f County Judues 84 ndclitional rules of November, 187^) 1()3 ' rules of .Jiiiumry 1, 1885, 150.' SKCimiTY. See Appkal. -B.uLi.Ks-CLKHK«--MASTEn an,, S.hvant SKUyiC:E. See APPKALS-CLKUK-COHPO.AT.ON-JtnOMKNT SfMMOVS- V Ki> L Ji4* SET OFF. provision where sot off oxceeds amount due plaintiff, 75. ' SIGNATURE. Sec Juuisdiction (Extension o'). STAY OF PROCEEDINGS. on appeal under new jurisdiction. See Appkals. SUBSTITUTIONAL SERVICE. order for, may be granted in certain cases, 80 what plauitiff must first shew, 80. what reasonable efforts must be shewn, 80. affidavit re(|uired shewing good ground 8i form of order, 81. must be strictly followed, 82. proceedings by attachment partly superseded, 82. SUMMONS. service of, purpose thereby intended, 30. ^'ee JuDiiMENT Summons. TALES. Sec Jury. TARIFF OF FEES. former tariff, lOG. tariff' now in force, 150. THUNDER BAY. certain provisions applicable to, 135. TORT. jurisdiction extended to $C0, 18. no appeal in action of, 18. counsel fees not given in case of, 38. when jury may be had in action of, 61. 104 INDEX. TRANSCKIPT. enforcing judgment against officer by, 87- notice of return of niUla bona, I'M. TRANSMITTING PAPEIIS. on change of venue, 2^. on entry of suit in wrong court, 82. TREASURER, PROVINCIAL. excess of clerks' feos to he paid to, 59. TREASUUER OE COUNTY. to keep account of D. C. jury fund moneys, G3, 04. TRIAL. order in which suits to ho tried under increased jurisdiction, 19. place of, on claims exceedinjf .SlOO, payahlo at cortain place. 21. change of place of trial in sucli case. Set V'enub. by consent in any court, Bl. postponement of, 147. ^Vc Venue. VENUE. place of trial under extended jurisdiction, 21. subject to change in certain cases, 21. change of under extended jurisdiction, 21, 31. order for, to be obtained, 22. when application to be made, 23, 27. affidavit, requisites of, 27. by whom to be made, 28. form of, by defendant, 23. form of, by defendant's attorney, 24. to bo filed, 1.'). whether or not a]ipIication rx parte, 22, 28. under what circumstances granted, 22, 23. notice of application and service, 25 form of notice, 25. proceedings by summons to show cause, 23, 25. form of summons, 25. shewing cause to application, 25, 20. requisites of order, 29. form of, 20. service of order, 27, 30. wlien more than one debt in diflferent divisions, 26. propriety of serving notice disputing jurisdiction, 25. papers to be sent to pro))er clerk, 29. and entered in ])rocedure book, 30. entitling thereafter, 30. See Trial. INDKX. WARRANT OF COMMITTAL. recent decisious affecting. \see Digest or Cases, ir,7 WITNESS FKES. when c<)nfu89i..ii,otc., given shurtlybiiforo court Ao under what circiuustancoa allowed, 82 ' - clerk to dotonnino, subject to appeal to a judge, 83. WORDS. Meaning of "Agent," 28. " Appellant," 39, 42. 'I Ascertained by signature of defendant," 13. Ualance, 14. "Cause of action," 14 " Debt," 13. 'I DissatisHed with the decision of a judge," 13 Fees earned." 54, 58. j =. . i»» "Money demand," 12, 13 " Nearest," 30. "Party to a cause," 31t, 42. " Pending proceedings," 84. " Sum in dispute on such appeal," 18. "Tales," GO. 1!).- . 1 V $ . a 1, \ i ■ IV i I f 1 h 'i 1 , i :r