in IMAGE EVALUATION TEST TARGET (Mr-3) // {./ 2^>^ ^^' < ^' /^ A L Technical and Bibliographic Notes/Notes techniques et bibliographiques The institute has attempted to obtain the best original copy available for filming. Features of this copy which may be bibliographically unique, which may alter any of the images in the reproduction, or which may significantly change the usual method of filming, are checked below. D Coloured covers/ Couverture de couleur I I Covers damaged/ Couverture endommagde Covers restored and/or laminated/ Couverture restaur^e et/ou pellicul^e Cover title missing/ Le titre de couverture manque Coloured maps/ Cartes g6ogrjphiques en couleur Coloured ink (i.e. other than blue or black)/ Encre de couleur (i.e. autre que bleue ou noire) Coloured plates and/or illustrations/ Planches et/ou illustrations en couleur Bound with other material/ Reli6 avec d'autres documents D □ Tight binding may cause shadows or distortion along interior margin/ Lareliure serr^e peut causer de I'ombre ou de la distortion le long de la marge intdriaure Blank leaves added during restoration may appear within the text. Whenever possible, these have been omitted from filming/ 11 se peut que certaines pages blanches ajout6es lors d'une restauratfon apparaissent dans le texte, meis, lorsque cela 6tait possible, ces pages n'ont pas 6t6 filmdes. L'Institut a microfilm^ le meilleur exemplaire qu'il lui a 6t6 possible de se procurer. Les details de cet exerrplaire qui sont peut-dtre uniques du point de vue bibliographique, qui peuvent modifier une image reproduita, ou qui peuvent exiger une modification dans la mithode normale de filmage sont indiqu^s ci-dessous. □ Coloured pages/ Pages de couleur n n V □ n Pages damaged/ Pages endommagies Pages restored and/or laminated/ Pages restaurdes et/ou pelliculdes Pages discoloured, stained or foxed/ Pages d6color6es, tachetdes ou piqudes Pages detached/ Pages ddtach^es Showthrough/ Transparence Quality of print varies/ Quality indgale de I'impression Includes supplementary material/ Comprend du matdriel suppldmentaire Only edition available/ Seule Edition disponible Pages wholly or partially obscured by errata slips, tissues, 3tc., have been refilmed to ensure the best possible image/ Les pages totalement ou partiellement obscurcies par un feuillet d'errata, une peture, etc., ont 6t6 film^es d nouveau de fapon d obtenir la meilleure image possible. r~7| Additional comments:/ Commentaires suppl6mentaires: Pagination as follows : [6], 601-708 p. This item is filmed at the reduction ratio checked below/ Ce document est U\m6 au taux de reduction indiqui ci-dessous. 10X 14X 18X 22X 26/ 30X / >/ 12X 16X 20X 24X 28X : 32X re idtails es du modifier er une Filmage BS The copy filmed here has been reproduced thcinks to the generosity of: La Bibliothdque de la Villa de Montrfol The images appearing here are the best quality possible considering the condition and legibility of the original copy and in keeping with the filming contract specifications. Original copies in printed p&per covers are filmed beginning with the front cover and ending on the last page with a printed or illustrated impres- sion, or the back cover when appropriate. All other original copies are filmed beginning on the first page with a printed or illustrated impres- sion, and ending on the last page with a printed or illustrated impression. The last recorded frame on each microfiche shall contain the symbol "^ (meaning "CON- TINUED"), or the symbol V (meaning "END"), whichever applies. Maps, plates, charts, etc., may be filmed at different reduction ratios. Those too targe to be entirely included in one exposure are filmed beginning in the upper left hand corner, left to right and top to bottom, as many frames as required. The following diagrams illustrate the method: L'exfiimplaire film6 f ut reproduit grAce A la g6n4rosit6 de: La Bibliothique de la Villa de Montreal Les images suivantes ont 6t4 reproduites avec le plus grand soin, compte tenu de la condition at de la nettetd de I'exemplairn film«, at en conformity avec les conditions du contrat de filmage. Les exemplaires originaux dont la couverture en papier est imprim«e sont film«s en commen^ant par le premier plat et en terminant soit par la dernidre page qui comporte une empreinte d'impression ou d'illustration, soit par le second plat, selon le cas. Tous les autres exemplaires originaux sont film^s en commenpant par la premiere page qui comporte une empreinte d'impression ou d'illustration et en terminant par la dernidre page qui comporte une telle empreinte. Un des symboles suivants apparaTtra sur la dernidre image de chaque microfiche, selon le cas: le symbole — »>signifie "A SUIVRE", le sym*)ole V signifie "FIN". Les cartes, planches, tableaux, etc., peuvent Atre filmte d des taux de reduction diffArents. Lorsque le document est trop grand pour dtre reproduit en un seul clichA, il est filmi d partir de I'angle supArieur gauche, de gauche d droite, et de haut en bas, en prenant le nombre d'images nicessaire. Les diagrammes suivants illustrent la mAthode. errata to pelure, >n & n 32X 1 2 3 1 2 3 4 5 6 R CON ■pp SUPPLEMENT «o RICHMOND'S LEGAL FORMS ANX* LAW MANUAL. CONTAINING A NUMBER OF VERY IMPORTANT ACTS OP OCB PROVINCIAL PARLIAMENT, UP TO THE CLOgE OP THE LAST SESSION, HELD AT TORONTO, 1859. I COMPILED BY WELLINGTON H. RICHMOND, Agent, Bothwell, C. Wy^^.' "'-;?.% Gagnon TORON HENRY ROWSELL, KINO SffftEET. \ 1^ I TO: : % "^' ,.>y a|J f 1860. PRICE SIXTY-TWO AND A HALF CENX3. 'i ADVERTISEMENT. The Supplement to Richmond's Legal Forms and Law Manual is now published, with a view of completing the work to the close of the last Session of our Provincial Parliament, held at Toronto, one thousand eight hundred and fifty-nine. The Supplement is not quite as complete in legal forms as the publisher would have liked ; however, it is thought that the Supplement will enhance the value of the Legal Forms and Law Manual, inasmuch as it contains such a large number of Parliamentary Acts of the Province of Canada, of great interest to both Canada East and West, with some legal forms. The aim of the publisher has been to have this work contain such legal information as would be of interest to all nersons in every station of life. The Publisher respectfully submits the work for their approval. WELLINGTON H. RICHMOND, Agent for Canada East and West, Author and Compiler of Richmand's Legal Forms and Law Manual, Bothwell, C. W. January, 1860. Entered, according to Act of the Provinchl Parliament, iu tlie year One Thousand Eight Hundred and Fifty-three, By WjBLLlNGTON H. Rl'lHMOND, In the Office of the Registrar of the Province of Canada. T' UliRARV r:=^\ ^""^ JUN 3 1902 "^j r-o. 123Se¥ klCHMOND'IB LEGAL FORMS AND LAW MANUAL, WITH SUPPLEMENT. Opinimt of the Prest on Richmond' $ Legal Forma and L74 to u/o SEPARATE PROPERTY TO MARRIED WOMEN, [C. W.]: An Act to Secure. 22 Vict.. 1859 CC9 to b74 PERSONAL MORTGAGES. [C. W.] : An Act to Amend, 20 Vict, 1857 608 to 0- PRIMOGENITURE AMENDMENT ACT, [C. W..] 20 Vict., 1857 REGISTRARS OF COUNTIES, [C. W ] : . ^.„, ,,.,., „., An Act to Relieve Registrars of Certain DiBabilities, 22 ^^^ Vict, 1859 ' REGISTERING PLANS OF VILLAGES. [C^ W.] : An Act to Amend the Act, 22 Vict., l8o9 "'° N.B.— The following Act8 are Repealed:— The Act for the Disposal of Road Allowances in C. W. Also the Act for Houses of Public Entertainment is Repealed.-See pages 629 to 682 in the Supplement. „ . ,. . County and Division Courts Acts have been omitted, as the Publisher thougZ that those Acts were sufficiently known by all persons for the past two or three years. The paging of the Supplement is as a continuation of the Legal forms and Law Manual. FORMS. Form of Durham Indian Lands Receipt 60e. Schedule Forms to Registration Debentures Act 651, Form of Return to Auditor Fees for Registration of Debentures Agricultural Societies Form Schedule Form to Seignorial Amendment Act Landlord's Warrant Schedule of Costs for Small Rents and Penalties Printed Adve« iisement Inventory of Goods Distrained Notice. Distress Appraiser's Oath Form of Appraisement '"" '" 607 652 667 650 684 693 707 707 708 708 708 708 708 19 Vict. LIBRARY ASSOCIATIONS— AMENDMENT. Cap. 51, 1856. LIBRARY ASSOCIATIONS-AMNDMENT. CAP. LI. AN ACT TO AMEND THE ACT FOR INOORPORATINO LIBRARY Aq SOOIATIONS AND MECHANICS' INSTITUTES [Assented to 19lh June, 1856.] WHEREAS it is expedient to amend the •second section of the Act passed in tlie Preamble, session held in the fourteenth and fifteenth years i'* w v.c.ea. ot Her Majesty's Reign, and intituled, An Act for the incor- M7chaZr7f'ff', ^'^'""^'^^^^ «/ Library AsLiaUons and Mechanics' Tnstttul.s, so as to enable such institutions in cer- am towns and villages to hold property to a larger amount ^lan he surri there n limited: TheWore kr Majefty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows! I. From and after the passing of this Act it i qhall hp lawf.,1 f„- I a^onif, ui ims /vci, ii Amount of real snau De lawtul lor any Library Association or P-^J'^rty in towm Mechanics; Institute incorporated under the said s.SiloYnrbTA" Act and situate in any village or to^vn having three thousand inhabitants or more, to hold rear property not exceeding "n Library Association or Mechanics' Institute in- And.'in those ^ corporated under the said Act, and situate in SLT fon"""'" fanN to hnn''''^i"°' ''^'^'"^ """'^ '^^"^ '^''^ thousand inhabi- tants, to hold rea property not exceeding in annual value the sum of two hundred and fifty pounds ; any thing inThe said section to the contrary notwithJtandino-. ^ ^ '^'"^ UNINCORPORATED COMPANIES, C. E. :■! CAP. LII. AN ACT TO EXTEND THE PROVISIONS OF THE ACT Tn vxnjr rvArrr, pSp^^S./'^iW^T PERSONS ASsSSiaS fJr cSMME^tlL PURPOSES, AND AGAINST UNINCORPORATED COMPANlls [Assented to 19/A June, 1856.] WHEREAS it is expedient to extend to certain A.s8ociations and Companies here- Pwambie. inafter described the provisions of the Act of the Parliament of this Province, passed in the twelfth year of iav.o« ilil "IJ tmmm 19 Vict. uNiNCOiii'OKATED COMPANIES. Extension Act, 1 856. Her Majesty's Reign, intituled, An Ad to facilitate actions . againttt persons associated for commercial purposes, and against unincorporated Companies : 'rherefon! Her Maji-sty, by and Willi the advice and consent of the Legislutivo Council and Assembly ol" Canada, enacts as loUovvs: Acu extended to J. All and every the provisions of the Act ro- SJrtZlX.s'l;:. ferrcd to in the preamble of this Act, shall extend and be held and construed to extend to all persons, associated in partnership for manufacturing purposes, or lor ineehamcal purposes, or for purposes of construction of roads dams, bridges or other buildings, or for pui poses of ooloni/alion, or settle- ment or of land traffic. II. The word "Partnership" in the said Act, and in this Act, shall include any unincorporated Society, Company or Associution for any one or more of the above purposes ; and the word " action" in the said Act, shall include any proceeding at law to which any such Partnership shall be a party. To apply ouiy to HI. THls Act shall apply to Lower Canada only. (See pp. 594 to 597 in this work.) Interpretation clause. L.C ITiEEDOM OF BANKING. CAP. III. AV APT TO AMEND THE ACT FOR KSTABLISIIINa FREEDOM OF AIN AV.'i ^^ BANKING. [Assented to 2lst April, 1856.] WHEREAS it is expedient to amend the Act for establishing Freedom of Bank- ing in the manner hereinafter mentioned : Therefore Her Mliesty by and with the advice and consent of the Legislative Couucil'and Assembly of Canada, enacts as follows : I. The thirteenth Section of the Act passed in the* Session held in the thirteenth and fourteenth iecBubsumteu. years of Her Majesty's Reign, and chaptered twenty-one, is hereby repealed, and the following section shall be substituted in lieu thereof: " No individual Banker shall make or issue Bank Notes, and no Joint Stock Association shall commence the business of Banking, until they aaouiiu have respectively deposited in the hands of the Receiver General, for the purposes of this Act, Debentures or 602 °^'^^^ Section 13 of 13 &UV. c SI, re- pealed aiitl anew teo. subslituied. Provincial securi- ties to be deposi- and before com- mencing business, and to what aaotuits< 19 Vict. ^HK.DOMO.UANK.NO-AMENDMENTACT. C«p. 3 1856 Province, under the nuthorily of fl.e Lejl.nrr ? /'"" oenlu,,, pc, ann, ra, (or if tewing a V„ TJ r ■ ""^ "," P" ht'reumfter mentioned, that i.s to say • '"' The value of the said Debentures or securi- v, ties being reckoned at /,ar, and the same boin.. o^;''"";;';"/"^"- SeS'„"',',fX'aaSAc"."""' ^ """""'"'^ "' ''" """-""• ♦u "' '^'1^^. Proviso to the fourteenth Section of ,. . the said Act shall be and the same is hereby re fl^:^^""' sthmed ^herl' ^'"?T^:. F''"^^^^ «''^" '^^^ ^"^ ^^ hereby sub- Thave been Thp'p '•'''^^''. ^"^-^''^'^ ^« ^^^"^-^^ ^"'^ ^^^en to have been, the Proviso to the said fourteenth Sectien : Provided always, that all such Bunk Notes n p • k. shall bear date at the City, Town or Village fcr^"""^ wherein such Bank is situate,-that they shall be made payable to bearer on clemand,-that they sail be marked on tSace andd/.r^h^'^"^ secured by deposit of Provincial seen t e^- and hat they shall be held'to be payable at the Office of the pr&7^^7?i:thrstork, ''- "--^^ Banking Laws on ACCOUNTS IN DOLLARS AND CENTS. [Assented to lOth June, 1857. J WHEREAS it will greatly facilitate the keeping and audit of the public a^ - Preamble. counts of^^he Province, that the same be kept in dollars and cents : m 19 Vict. ACCOUNTS TO BB m DOLLARS AND CEKTS. Cap. 18, 1857. cettts : Therefore Her Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows : AccouwtBtnihe I- All accounts to bc rendered to the Provin- Goveninient lo be gjai ' Government or to any Public Office/ cr ^d"'cems."''°"'" Department in this Province, by any Officer or Functionary, or by any party receiving aid from the Province, or otherwise accountable to the Government or Legislature thereof, shall be so rendered in dollars and cents ; bat any Column for£. 3. d. such accouuts may have a second column contain- may be added. jng sums in pounds, shillings and pence, equiva- lent to the sums so stated in dollars and cents, if the account- ant shall prefer to render his account in that form. con.mencement H. The preceding enactment shall take effect of Act. upon, from and after the Thirty-nrst day of De- cember, one thousand eight hundred and fifty-seven, and not before. DURHAM INDIAN LANDS ACT. • CAP IV. AN ACT TO CHANGE THE TENURE OF THE INDIAN LANDS IN THE TOWNSHIP OF DFRHAM. [Assented to ?J5f April, 1856.] preamble. W FERE AS an extent of eight thousand four hundred and ninety acres of land in the Township of Durham in Lower Canada, was granted, in the year ooe thousand eight hundred and five, to divers Indian:*,' for them and their legal successors, under and by vir- tue of Letters Patent issued under the hand and seal of Sir Robert Shore Mi;nes, at that time Lieutenant Governor, on the condition that they should settle thereon and be incapable of selling, alien?iting, or even leasing the said Lands: And where- as the said Indian's, or their legal successors or representatives, have in certain cases sold, leased or alienated al! their rights in respect of such lands, for fixed sums of ground rents, and have all abandoned the said lands after having so conveyed them ; And whereas the parties to whom such lands were so conveyed, have cleared and improved the same, erected build- ings thereon and made agricultural settlements thereof, of n.fgot v.alvie and the doubts which have arisen respecting the legality of such transactions are a great obstacle to the further 604 progress 19 Vict. DURHAM INDIAN LANDS ACT. Cap. 4, 1856. J8 V. c. 167 re- pealed. Conveyanceg, leases, &c., by la- diaiig declared valid. progress of the said settlements, and it is desirable hnt J. ,•« fU interest of the Indians who do iot reside an7^or:^^ L "I d ands and m that of the public of the said local i^that the said ransactions should be rendered legal, in orde^r to secure a just compensation to the former, and incontestible titles^ he parties now m possession of the said lands : And whereas the Act passed m the eighteenth year of Her Maiestv'rSn and chaptered one hundred and sixty-seven, isTnsufficient for' the object intended : Therefore Her ^Majesty, by and with the advice and consent of the Legislative Council and Arsembly of Canada, enacts as follows : ^saemoiy I. The Act intituled, An Act to alter the Ten- ure of the Indian Lands in the Township of Uurham, is hereby repealed. IJ. All conveyances, sales, promises of sale or emphyteotic leases in respect of the said lands by the said Indians, their successors or -- hin '•^PJ^t'"'^'' ■''" '^^" i^ereahcT be considerad as havin« been made by persons legally qualified to lease, alienate, sell cede and convey their property, notwithstanding anything to ProvilTJ '""'fv!"'^ ^" '^' ,^^"^^« P^t^^t «f «"^h lands! Provided always, that an annual ground rent of Proviso. not ess than ten dollars for each lot of two hundred acres eh f^7^,'^5^"/''P'^I^ted in favor of the Indian to whom any rpnr. t r T^'i''"^'''f"y ^'"^"^^^' Or his hcirs Or legal representatives ; And provided also, that should Proviso. '' any coniesfjition arise with respect to the said lands between the said Indians and the parties who have purchased or leased or who sha I hereafler purchase or lease the same, such contest- ation shall be referred to the Superintendant General of Indian dusive.^ ''"'' '"^ ^^^ "^"''' '^^" ^^ ^"^^ ^°^ con- III. Any purchaser of any lot or part of a lot Purchasers;,, of the Indian Lands in the Township of Durham, rTr'.ir'''- now in possession of the same, may, if he thinks rT*""" '"""'" ^;it, redeem the rent attached to such land or lot of land by any instrument within the provisions of the preceding section and Sr/r^ '/^ t" ^""^r' ^'■'^''' '^^^1 repl;sentatifes!by pVinK the capital thereof at the rate of six per cent to the SpnJrin ten ent General of Indian Affairs, wh'o is he^ t'lj^^Z authorized to receive every such deposit and give a reeeiDt therefor, accordmg to Schedule A of this Act. ^ IV. Every such receipt, after the enregistra- Receipt for re- tion thereof in the Registry Office of the County lor;;",', "J'S oi JJiummond, shall be equivalm!,; to a title '««'""«'"• under Letters ^Fate.nt oi the Government, and shall discharge every ■1 Mi 1 I'l VMM ■^l /I m 11 111 payable on the same ^ favour o^th. r'? '^"'"'"'"^^'^ '^^^^ stzr n^ --'^^^^ '^-^^^^^^^^^^^ '"""^ ^° I'S^'^c^S A^irs Shan t^"^'""'''^^^"^ ^''"^ral of Indian or.o„,.p.,. edinhifhind^^^^^^^ annually to the Indians, their' le^jt ^^^ '^V^^'^'^^^ thereon according to the proportion to wHohr'""'^^'"^"' °^ «««%"« pect of such property '''^ ^^^^ ^^« entitled in res. Provision in case \tt j may have paid to such Indian ori^H"'"^ "'^ '""^ ^^^^h he chase money of such rent m-^? Indians, as and for the pur- from the capital Scrh;;hllI,'"'"'°P'^^/^^'' ^' deducted of the said rent. '''"" ^^^^ ^^^ P«3' for the redemption Act not to affect VTT "NT^fl,- • i . o.herc.a.„s.othe the eff;cfof de^.r;!;-' ' '' ^'^ Contained shall have of conflicting titles of pa tSCZ"^^^^ lands in Durham, or of^riinryfli '''"' /" *^>^ ^^'-^'"d Jnaian parties with any others than thJ &. contracts made by any their heirs or representatives '"''' "' Patentees, or his or Pu...et. Vm. This Act shall be deemed a Public Act. SCHEDULE A. I hereby certify that , in the » »ow in possession of Durham (here ^ve a dnscripfion of thTFf ^^"^ ^V^nship of P^ed hy the person to u^ho^'Z ridvt lllT'f ^'' "''^- Ifa whole lot, or the one half ofnlT- • ^""'^ ^^^"^ ^iven : mffimnt to describe it 4 aZ wi^, ^/m T/'''"^> ^'^^'^'^'^^^ «/ a smaller part than n^t TTJT ""l ^^^ ^"^ and range, hvt bounds must beset ^Z/^ has IfY'^^'^^f ^^' '^' ^'^^^ '^l being the car ital V^ '^'^' ^'^ '^ '"^ ^^e sum of ot (or part of ioT) of Jan^ aid h..^,'I,^""^-f "^ ^"^^^^^ '^ '^^^ to me for the purpose of redeem inln' '"^.T ^^' ^^^" P^^d as provided by the Act nti mt § . ^^"^ ^^"^ from all rent. of the Indian\ands in h Tol^st j^'l? ^j^^^ge the tenure hmi as in law may apertain ^''^^ "^ Durham, and to avail 606 Done ot 4, 1856. 20 Vict. AGRICULTURAL SOCIETIES (c. E.) AMEND. Cap. 50, 1847. Done in duplicate, at , this dav of one thousand eight hundred and ''^ A. B., Superintendent General of Indian Affairs. AGRICULTURAL SOCIETIES, C. E. A. ACT TO -rciSlM^^^^^^^ AaKIC..T.K.. [Assented to 10th June, 1857.] X\/^HERE AS in and by the Act passed in the «n!l fifi •''''" ?' ""^ thousand eii?ht hundred Preamble. Jar the better organization of Asricultuml Finric [ V Proma t. .t- r '^^PT^^l^ho have been Treasurers li former Socie Act to^ provide for the better Irganiz^Tof t.HJt:;:i Sod arfollows : ^^ '"'' ^"""^'' ^"'^ ^^^^'^^'^^ "^ Canada, cn^s I. All sums of money in the possession of any Moneys in the ttfs'aldT^/f '''"'' t'™^^befbre the passing of "^^l^^Z^ the said Act of one thousand eight hundred and «".™'icstobe fifty-six, or before the passing of the said Ac^of '^'^^^• one thousand eight hundred and fifty-two, and "^^^r^ remaining unexpended in the hands of any nerson *^'" ''^'^'• who may have been the Treasurer of such former society shall by hnn be paid over to the Treasurer of the present SoSty for the County or portbn of a County eomprisin. the Coun { foj Si"l"for wh"T^"t'J"^^ ^"••"^'^' indin^the event o? the County for which such former Society was formed beioir now divided between two or more Counties then to the Treaf urer^ o. the present Societies for such Counties or for portio s ofrch Counties, in proportion to the population by tlie hi Gen u of the respcctive^portions of the territory of such former Sodety comprised M 20 Vict. FERSONAL MORTGAGSS AND SALES ACT. Cap. 3, 1857. comprised in the territories of such present Societies r,«spectively, and shall be {y)plied by the Treasurer to whom the same shall be so paid, or his successor, to the purposes of such present Society ; And if any such moneys are not so paid over by the Treasurer of such former Society to the Treasurer of such pre- sent Society as hereinbefore mentioned, they mav be recovered by the Society to whose Treasurer they ought to have been paid, as a debt due to such Society. n. This Act shall apply only to Lower Canada. Act limited to L.O. PERSONAL MORTGAGES AND SALES, C. W. CAP. III. AW ACT TO AMEND THE STATUTES OF THIS PROVINCE RESPECTINtt MORTGAGES AND SALES OF PERSONAL PROPERTY IN UPPER CANADA, AND TO CONSOLIDATE THE SAME. Preamble. What shall be necessary to the Talidity of a mort- gage of pe' sonals in Upper Canada not accompanied by delivery and change of possess- ■ion. [Assmted to 21th May, 1857.] WHEREAS it is expedient to amend and consohdate the Law of Upper Canada con- cerning mortgages and sales of personal property, and to repeal the Statutes now in force on that subject : Therefore Her Majesty by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows : I. Every Mortgage, or conveyance intended to operate as a Mortgage, of goods and chattels, made in Upper Canada, which shall not be accom- panied by an immediate delivery, and an actual and continued change of possession of the things mortgaged, shall be absolutely null and void as against creditors of the Mortgager, and against subsequent "pur- chasers or Mortgagees in good faith for valuable consideration, unless the Mortgage or conveyance, or a true copy thereof^ together with an affidavit of a witness thereto, sworn as herein- after provided, of the due execution of the said Mortgage or conveyance, or of the due execution of the mortgage or convey- ance of which the copy filed purports to be a copy, to- Affldavittobe gethcr with an affidavit of the Mortgagee or his made and 11 led by . j i • i i ~. ^ mortgagee or his agent properly authorized to take such Mortgage •gent. in writing, a copy of which authority shall be registered therewith (if such Agent be aware of all the circum- stances connected therewith,) that the Mortgager therein named is justly and truly indebted to the Mortgagee in the sum men- tioned therein, that it was executed in good faith and for the 608 " justly mortgage. What shall b« necessary to s Taha (iaie of such property, not ac- eompanied by de- iivery and olian™ or possession. 20 Vict. PERSONAL MORTGAGES AND BALES ACT. Cap. 3, I857. express purpose of seciirinff the paviuent of th^ m^,, • , due or accruing due, and Sot /or^C purp L ^fTro e^ goods and chattels mentioned therein aLain.f tPI 1 "^ ^^®, the Mortgager, or preventing the credi oTof st^JW^^^^^^ from obtaining pa^rment of any claim against h m sLu " ^ ^^^ tered as herein after provided within fi"^ dLvs . "'^''' trom the execution thereof. ^ S^?l^*™"on o' n. Every sale of goods and chattels, which shall not be accompanied by an immediate delivery and followed by an actual and continued change of possession of the goods and chattels sold, shdl be in wriimg and such writing shall be a convey- "^ possession. " ance under the provisions of this Art t.n,J ok n i by an affidavit «?a witrs. hereto of fh A ^^ accompanied aid an affidavit of the ba;ga^^^^^^^^^ o^ h' t^em'dTr .I'^^l agent. which authority shall be attachprl tnlnl ^^ * ance that the sale is bonAJidL.d for gc^S cons de^^^^^^^^^^ forth in the said conveyance and not fi» .L^ ^'^' ^^ ^^' or enabling the bargain'ee to' hold the goocls ZZlfd fh ""^ against the creditors of the bargainor? and shall " '''" be registered as hereinafter provided, Within five ^''""°" "' SSiS^v!^ r^rtii^rlitr:?^ £r" ^'^ '- against subsequent purchasers or M^r^g^t i'^^rd"£r' " m. Any Mortgage of goods and chattels exe m . cuted in good faith^fter The passing of iS let' S'^'^be frbfmj;r"^"^"'="'-'"g-V future advants,' P^f^^ otherwise, the terms nil. re S ff . c' K^''^ ^^ '^''^^^^ o' the amount of SV^tte; d ft tZfa ^a?"^"^' ^".' by an affidavit of a witness thereto of ibp,' accompanied and an affidavit of the Mo (la'eelr i fht"^ execution thereof; entered into and Mortgage IkefL an L.Tf'"""' ^^' ^'^"^ authorized in JrUri, i ^ ." ^^cnt duly Aradavit of utort- iiuinoruta m writing to .make such a-recment sa'^'eorhis and take such Mort-^ao-e if awar^ .,'' , ^*^"^^"^ asent. nected -hpr^uM-fJ. ^r °i ^, . ''' circumstances con- nip,,.*! /'^^^f ^7^^' then by an affidavit of such ao-enf^ that such Mortgage truiy^«ets torth the agreement enteredTnto between ' the 20 Vict. PERSONAL MORTGAGES AND SALES ACT. Cap, 3, 1857. the parties thereto, and truly states the extent of the liabilijy intended to be created l)y such agreement and covered by such Mortgage, and that such Mortgage is executed in good faith and for the express purpose of securing the Mortgagee against the payment of the amount of such his hability for the Mortgager, and not for the purpose of securing the goods and chattels men- tioned therein against the creditors of the Mortgager, nor to prevent such creditors from recovering any claims which they Rejfistration of " may havc against such mortgager, and registered mortgage. as Liereinafter provided, shall be as valid and bind- ing as Mortgages mentioned m the preceding section of this Act. «Sfi'f"tL'pro-"''" ^^' ^^^ *^® Instruments mentioned in this Act, perty reqairod. whether for the Sale or Mortgage of goods and chattels shall contain such efficient and full description thereof that the same may be thereby readily and easily known and dis- tinguished. • ' ^iment creat. T' '^^^ Instruments mentioned in the preceding ing the mortgaRo scctions shall be registered in the office of the mayberogistored. ^lerk of the County Court of the County or Union of Counties where the Mortgager or bargainer therein, if a resident of Upper Canada, shall reside at the time of the execu- tion thereof, and if he be not a resident, then in the office of the Clerk of the County Court qf the County or Union of Counties where the property so mortgaged or sold'shall be, at the time of the execution of such instrument ; and such Clerks are hereby required to file all such iustrnments aforesaid presented to them respectively for that purpose, and to endorse thereon the time of receiving the same in their respective offices, to be kepi there for the inspection of all persons interested therein, or intending or desiring to acquire any interest in the property or any portion thereof covered thereby. Sen?, lifed^'o'be ^^' ^^^ ^^'^ ^'^'"'^^ ^^'^'^ respectively number made by the every such instrument or copy which shall be filed , ■ in their offices, and shall enter in books to be pro- vided by them, in alphabetical order, the names of all parties to such Instruments, with the nuipbers endorsed thereon opposite to each name, whichentry shall be repeated alphabetically under the name of every party thereto. VII. In the event of the permanent removal of goods and chattels mortgaged as aforesaid from the said County or Union of Counties in which they may be at the time of the execution of such mort- gage, to another County or Union of Counties before the pay- ment and discharge of such mortgage, a certified copy of such mortgage under the hand of the Clerk of the County Court in whose office it was first registered, and under the seal of the 610 said Case of the re- moval of the mortgasied pro- perty to an- other County pro vided for. 20 Vict. PKRSONAI. MORTGAGES AND SALES ACT. Cap. 3, 18.57 ^S the cre^ tot of.f ''''' '"^ ^' ^«''^ - Sr^/etce. ogauisi ine creditors of the persons makinff thp *»""-eq»irements same, and asa nst siih^pnn*.nt ^. u '""•''"S inf aro com uiiod with „n™^ • o". ,"""^9"^"^ purchasers or mort- ""ti statements next preeeZg"^ ;iirex';iraS fTe^^fr^l^i^^^ ^'^"^^^^^ by virtue thereof, and a ?ui sti^ nenr"?'!'^ '^'''^^ ^''^""'^^ for principal and intere t ttr^H Jlf^ynL"'"""' ^^'"'l ^"^ account thereof shall Hp M-i; 2^ T- I «" Payments made on the said CoumV Court of th. r V^' "^^-"^ '^' ^'^^^ of -herein such go^odsaud ehate^^^ "'. ?'°" f bounties vit of the inorT«a.>-ee or his alpm ,^ f V"^^' ^^^ «" "ffi^a* that purpose, (wh4 amhcriff Th.U h^ «l"\'^'r^ ^" writinjr for that such stalem n s ar tr 1^ ^anS tLnlfJ'^ therewith), staging been kept on foot for a^; fraudln^y/^^^^^^^^^^^^ ""^^°^^»^^ ^- -^ ceivod and S ac'orC fn th "^'^ '"P^ ^"^ ^^^^^'"^"^ ^'a« re- on, and of no o?S;?t f and^i^ r'°''"l"^^^^ ^^''^ '^'^'' inent by the Clerl mrS^i^pu'sua cTo^ Ihfslfr' ^^^^^^^^^^ instrument or conv shall Hp ^pI • i • .^ ^^^' "P"" such fact stated in suclf^ndo^ement. "^ " '"'^'"^^ «"'^ «f ^^e X. This Act shall not apply to mortgages of Act not to apply to mortgages of vessels under 8 V. c 5. mars if tl ml oflirLrZ''- ? "^ *■'•'' '••"'fo«rlh Fourth, intituled A„ L e 1 •'*"•" '^'"^ miliam the , imtutM,^ An Ac. for the registering of British vessels, and 20 Vict. PERSONAL MORTGAGES AND SALES ACT. Cap. 3, 1857. and to facilitate transfers of the same, and to prevent thefraudU" lent assignment of any property in such vessels. Interest orcquity XI. On any writ, precept or warrant of execu- TO^"b^"oWiSi *'"" against j^oods and chattels, it shall be lawful execution. for the Sheriff or other officer to whom such writ, warrant or precept may be directed, to seize and sell the interest or equity of redemption in any goods and chattels of the party or parties against whom such writ may issue ; and such sale shall be held to convey whatever interest the mortgager had in such goods and chattels at the time of such seizure. XII. For services under this Act the Clerks aforesaid shall be entitled to receive the following fees : — For filing each instrument and affidavit, and for entering the same in a book as aforesaid, one shilling and three pence , for searching for each paper, six pence ; and for copies of any document, with certificate prepared, filed under this Act, six pence for every hundred words. Peesonamdavitg. XIII. All affidavits and affirmations required by this Act shall be taken and administered by any Judge or Com- missioner of the Courts of Queen's Bench or Common Pleas, or Justice of the Peace in Upper Canada, and the gum of one shil- ling shall be paid for each and every oath thus admitnstered. XIV. The Act passed in the twelfth year of Fees for sorvicei under this Act. ActM2V.c.74. Aiv. itie Act passea in tne tweittn year ftudlH, U V.C. 62, TT «r • > T> • 1 . n • • ropeaiod. Her Majesty s Keign, chapter seventy -tour, inti tilled, An Act requiring mortgages of personal property in Upper Canada to hefiled^ and the Act passed in the session held in the thirteenth and fourteenth years of Her Majesty's llcign, chapter sixty-two, intituled. An Act to alter and amend the Act requiring mortgages of personal property in Upper Canada to Saving acquired he filed., shall be and the same are hereby repealed ; ^^^' but all mortgages and sales registered under the provisions of the said Acts, or either of them, shall be held and taken to be as valid and binding as if the said Acts had not been hereby repealed. Commencement XV. This Act shall take effect from and after **' ^''*- the first day of August next. Extent of Act • XVI. This Act shall apply to Upper Canada only. 612 Primogeniturs 20 Vict. RIGHTS or PRlMOGfiNlTUftfi-AMKNOMENT (c. W.) 1857, PRIMOGEMTUBE AMENPMENT~-ACT. TO THE REAL ESTATE OF PfSavJ nvmP^Tl^^^^'^'^''^'^ING CERTAIN CASES IN UPPER CANADA INTESTATE. IN [Assented to lOth June^ 1857.] T\/^nEREAS it frequently happens in cases Prcan,i.io. r;nI,?nlP.T°"'''^'"=J"/^'*"*^''^^^'"Ki-e''*' estate in Upper 01 some ot the parties entitled to participate in the succession n 8udi real estate, no title can be m^ade to^he same Xut ^elt delay, expense and inconvenience, and it is desirable to nrnS some e^edy therefor: Therelor'e, Her Ma/es^X 17^ ^^^ oJcldt l^::Zl^:^'! Le,is.ativeCouicilU Assembly' Canada, having jurisdiction within such County '^'ivL^ll^ KS ,1» ';-°"»^^^°'^P*^^'''''^" ^^ ^^^ "Real Repre- hi/Sj^'"^"* sentative " for all real property within such Countv or Tin ^ Counties, in respect of or to which, any person beiJ ZTa "^ or emuled to an estate in fee -ple^heXsralf'^I^Satf from f hpT r'^r^^'^' '^^ ^^P'^-^tio" of six months of or enHH f ? *"^ E"''"'? '^^''"^ '"^^^^^^e, seized of or entitled to such real estate as aforesaid, it shall and may be lawful for any one or more pe . and the immediate possession thereof, beins of full acri. ♦« « i to either 01 the Superior Courts of Lawyer S^^^^ County Court of the County or Union of CoimUes whir. « 2 estate IS situate, for a division or partition thereof n.f ^"'i'' thereof if such sale shall bv such cZ-. hi ' • f ^"'' ^ ^^^« advantageous to the parUesinVrested ^" '°"^'^''^^^ '"^''^ m. The application to any Court for a partition m.. .,. or sale, shall particularly describe the premises ^^ArXu sought to be divided or sold, and set forth the in- £uZt^}' ""^ terest of the petitioner and the riehts anH twi J c n interested therein, so far as the saZ are kno^^^^^^^ "" "P^"'^^^ including the interest of any terntX'rerrV^o^Iif^'bVTi courtesy or m dower, or in case any one or mor^ of such parties unKno„n io =uch peauoner, ihe same shall be set forth in such Application msr be mado for j, partition of such estate. By ^hora and to what Court. petition : I'artics to such appllcatiuii. Notice to minors, bikI niipdiiitmi'nt of ituiU'UiaiiH tu tliciu. 20 Vict. RIGHTS OF PRIMOGENITURE— AMENDMENT (c, W.) 1857. petition : and the truth of such petition and the matters oon- it tniiHt ho veil, tftiued therein shall be verified by the oalli or riod 01. until. ailinnation of the petitioner, to be taken before any Commissioner for taking affidavits, or befora any of the Judges of the said Courts. IV. Every person having any such interest as aforesaid, may be made a party to such petition, and if any of the parties so interested ara minors and it shall be satisfactorily proved to the Court that at least fourteen days' notice has been scM'ved on such minors as reside in this Province, of an intention to apply to such Court for an order for partition or sale, such Court shall thereupon appoint a suitable and disinterested person to be i^uardian for one or more of such minors, whether the said minors reside within or without this Province, for the si)ecial purpose of taking charge of the interests of such minors in the proceedings upon such petition. Guardian to give V. Every guardian so appointed, shall, before security. entering upon his duties, execute a bond, in such penalty and with such surety as the Court shall direct, to the " Real Representative " of the County or Union of Countie.s where such estate is situate, by his name of office, conditioned Condition. for the faithful discharge of the trust committed to him, and to render a just and true account of his guardianship, when thereto required by tht Court, and no proceedings shall bo Their powers taken upon the petition until such bond is filed thercaitor. in the office of the Court ; and after the execution and filing of such bond, such guardian shall represent his minor in the proceedings upon the said petition, and his acts in relation thereto shall be binding on such minor, and shall be as valid as if done by such minor after having arrived at full age. SorThaviS ^^- I* s^^^l not be necessary.in the first instance a lien on the pro- to make any creditor having a lien on such estate perty or any part • ., r l • i . i thereof. or any part thereof, by judgment, decree, mort- gage or otherwise, a party to the nroceedings, nor shall the par- tition or sale of the estate alter, affect or impair the lien of such creditor, but the petitioner may make such creditor a party, and in such case the petition shall set forth the nature of any such lien or incumbrance, and if such lien or incumbrance is on the undivided interest or estate of any of the parties to the petition, it shall be a lien only on the share of such party, and such share shall be first charged with its just proportion of the costs of the proceedings in partition, in preference to any such lien. Service of copy of VII. A copy of such petition. With notice that the same will be presented to the Court on some certain day in term, shall be served thirty days inclusive, previous to such term, on all the parties 614 interested petition on par. ties interested not joining there- in, and resident in Canada! 20 Vict. RIGHTS OP PRIMOGKNITURE— AMENDMENT (c. W.) 1857. interested in such estate who shall not have joined in such peti- tion, and are resident in this Province, and on the guardians ot such as are minors, who shall have been appointod such guardians as aforesaid ; and every such notice shall be ad- dressed to al the parties interest(;d who are known, and generally to all others unknown, having or claiming any interest in such estate. •' yill. If any parties having such interest are ivotieo to absent unknown, or if known, reside out of this Province plirtC'"""'" or cannot be found therein, the petition and notice may bo served on such unknown or absent party, by publishing sorvioe ..mv bo the same three months previous to the presenta- '""''« <>" "W'nt tion ofsuch petition, once in each week succes- t"S. " sively in the Canada Gazdtr, and in a paper printed and published in the County or Union of Counties where the estate IS situate, and if there be none, then in the Canada Gazette alone, whch shall be equivalent to a personal service on such unknown or absent parties, or such petition and notice may be served personally on any known absent party, forty days pre- vious to Its presentation, without publishing the same. IX. Upon the presentation of such petition, and "" proper "proof. satisfactory proof of the service or publication C?"ana%«t Ihereol with the notice as aforesaid, and of the tiT '" "'*''* "" facts justifying the mode of publication, the Court shall, bv rule, allow such petition, and thereupon the parties interested in the estate sha 1 appearand shew title to the proportions which thev claim o| the premises set forth in the petition, within (he time ot pleading, according to the practice of the said Court. X. Notice ofthe rule of allowance, and all other .„^., , „ notices in any subsequent proceedings, unless of aRancSlLl otherwise specially directed, may be served by to '^"'"' """ affixing the same in the office ofthe Clerk of the Court which therib^ equivalgnt to personal service on the party to be affected XI. Any party appearing may plead, either Pleadings ami separately or jointly with one or more of his co- caT "' ^^^ defendants, that the petitioners or any of them, at th- time of presenting the petition, were not entitled to or in possession of the premises or any part thereof, or that the defendants or anv of them did not hold the premises together with the petitioners at the time ofthe commencement of the proceedings, as alleged m the petition; and §uch pleas shall forni a com- % plete issue, and any matters to support the claim Se."'"* ^'"' or defence of either party may. be given in evidence thereunder. XII. Any defendant may also deny the interest a defendant may of any party made co-defendant, and the issue deffit."'"'^ ^^^ thereon Trinlnftliit lniiuM ntlwMl In Miu OMe. Heal Representa- tive to carry out thu JiiilKiueiit of partition. 20 Vict. RUillTH or PRIMOOENITURB — AMRNDMENT (c. W. ) 1857 thereon may be tried at the same time an the other issues on the petition. Xfll. All issues so joined shall bo tried on a record made up of the said petition and the de- fence miide in pleading thereto, and the like proceedings had thereupon in every respect as in personal actions, as to new trials amendments and any other particulars. ' j;rel''tm:"h!';;:?i! XIV. if judgment shall be entered against any lv'".;Xtro'^t; "^ ^ ■:' d..(e.ulants by default for want of a plea, Ac. the Lourt shall still require the petitioners to ex- hibit proof of their tillo, and from such proofs, or from the con- fession by plea of the parties, if they a|)pearn(|, or from the vopl diet of a jury by which any issue of fact shall have been tried the Court shall declare the rights, titla and interest of the parties to such proceedings, plaintiffs as well as defendants, and shall determine the rights of the parties to such estate and give judfr- JudBmmit. ment that.^uch partition be made between sucli of them as have any rights therein, according to such rights but not so far as to affect any parties whose rights have not been ascertained. Xy. Whenever any judgment of partition shall be rendered, the Court shall, by rule, order the Real Representative to make the partition so ad- judged, acccording to the respective rights and interests of the parties, as the same were ascertained and determined by such Court ; and in such rule the Court shall designate the 'part or shares which remain undivided for the owners whose interests shall be unknown and not ascertained ; and the Real Representa- And.rcportifti.0 Uve shall forth wit^i proceed to make such par- tition according to the judgment of the Court, unless it shall appear to him that partition cannot be made without prejudice to the owners of the estate, in which case he shall make a return of such fact to the Court in writinff under his hand. * XVI. In making a partition, the Real Repre- sentative shall divide the said real estate, and allot the several portions and shares thereof to the respective parties as adjudged by the Court, designating the several shares b mst Survey. stones OP Other permanent monuments, anu he may employ a Surveyor to assist him therein; andheshal" . .v-,( J*''°u" ■ . .^ }^ the said Court in writing, the manner iu winch He has divided the said estate, and the share allotted to each party, with the quantity, and courses and distances of the boundaries of each share, and a description of the posts, stones or other monuments, together with an account of his fees, which o?"'- • , 'f:'f}^er with any charges for Surveyors, shall be ascertam.^c! r.uf' allowird by the Court, and the amount shall be ^^^ paid partition cannot 00 made witliout injury to tlie par- tius How the parti tion shall bu made. JH. Proof, llling and n'KlRtration of tho Pfpoi't or par. titlon. • f^oiidrniatioii of ro|K)r( ; after nmcnittiintit if roqulrt-U, 20 Vict. RUJHTS OF PRIMOOKNITIJRK— AMENDMKNT (c. W.) 1857. paid by tho petitioners, and shall be allowed to them m part of the costs to be taxed. * XVir. The said report shall be proved by affi- davit before any ComtP-isioner for taking afndavits, and shall be filed in the said Court, and a copy thereo afte- the report is confi,.ned by the Court, certified under the hand ol the Clerk and Scul of the sai.l Court, shall be registered in the County Register, on the production thereof to esL'Ts'ruate. ''' '"""^^ "^ ^"'^ «^ ^-""^ ^^ere such XVlIf. Upon the return of such report, the lyourt shall confirm the same, or in its discretion remjt the same back to the Real Representative' for auiemjment in any particular or particulars in -m"-™, which tlH-re is rnanifest error; and upon any final confirma- tion, judgmen shall thereupon be given that such report is confirmed, and such judgment shall be binding „„ , , , and conclusive on all known parties named in thf c'^nMioT' said petition and all unknown parties where such publication as aforesaid has been made, and all persons claiming from o? through them ; but such judgment shall not affect T any persons having claims as tenants in dower, by no^t'^ttd courtesy or for life to the whole of the premises which shall be tne subject of such partition, nor any person not named in th^ petition either origmally or by amendment, nor any unknown person when there has been no such publication as aforesaid XIX. If upon the Report of the Real Repre- saiem sentative, the Court shall see fit to order safe of o'-'i«Acourt. the estate, it shall be lawful for the Court so to do, "^ercr^dftffor and by a rule to be made on filing such report, ZLrirj.'^ the Court may order the Real Representative to S;^''"^ sell the estate at public auction to*^ the highest biddrand in such order the Court shall direct the terms of credit whicrma; be allowed for any portions of the purchase money of whicrit shal think proper to direct the investment, and for Inch portions of the purchase money as are required, by the provisions here! mafter contained, to be invested for the benefit of any unkno^^ owners, infants, parties out of the Province, or any inan?s Z hfe, in dower or by courtesy; such portions of the Zchase money for which credit is so allowed^o be secured at rmer^^^^ by a mortgage of the premises sold, by a bond of he puXser and by such ofher security as the Court shall prescribe XX. The Real Representatative may take sepa- Roai represonu- rate mortgages and other securities, for such con- mong^o'^t venient shares or portiont; of the purchase monev V^^^^^^ohe as are directed^by the Court to £ mves'dSre'ST in his 2 iX °^" ■•f~ I mi How creditors having specific lions on the pro- perty and not niado parties to the petition shall bo called in, anil their^liens dealt with. 20 Vict. RIGHTS Of PRIMOGENITURE— AMENDMENT (c. V.) 1857. own name of office, as Surrogate Judge and Real Representative for such County or Lnion of Counties, and his successors in ottice, and tor such shares as any known owner of full age shall desire to be invested, in the name of such owner; md upon such sales being confirmed, the Real Representative shall deliver such 'Mortgages to the Clerk of the Oourt, or to the known owners whose shares were so invested. XXI. Before making any order for sale, where the creditors having specific liens shall not have been made parties, the Court, on motion of either party, shall direct the Petitioner to amend his i;eii';iO.-. oy making every creditor having a specific hen on the whole estate, or on the undivided in- terest or estate of any of the parties, by mortgage, judgment or otherwise, a party to the proceedings, and shall direct the Clerk ot the Court to ascertain and report whether the shares or in- terests in the premises of the parties in such suit, or any of rhem are subject to any general lien or incumbrance by iudament or decree, and such clerk shall forthwith cause a notice to be pub- lished once a week for four weeks in the Canada Gazette, and also m a newspaper, if there be one, in the County or Union of Counties m which such estate is situate, requiring all persons having any general hen or incumbrance on the estate or on any undivided interest or share therein, by mortgage, judgment decree or otherwise, to produce to the said clerk on or before a certain day to be named in such notice, proofs of all such liens and incumbrances, together with satisfactory evidence of the amount due thereon, and the clerk shall report with all convenient speed the names of the creditors, the nature of the incumbran- ces, the dates thereof, and the several amounts appearino- to be due thereon, and thereupon the Court shall order the Ke"al Re- presentative to bring into Court and pay to the Clerk the whole purchase money, if the lien be on the whole estate, or the por- tion thereof arising from the sale of the part charged with the hen, alter deducting the portion of the costs, charges and ex- penses to which It shall be liable. Application 01- XXII. .^ iiy party entitled to' a share of the es- Tshire of t!^ ^atc, may apply to the Court to order such part of mIMiiSro the purchase money as he shall claim, to be paid moniv '""''""" ^° I ^" ^'""'i^i^ showing the amount truly due on eaph m.cumbrance, if any, the owner of such in- cumbrance, and his residence as far as known to such party, and also, on proof of the due service of a notice on each incumbran- cer, of the^intention to make such application, at least ten days previous thereto, such service to be personal, or on a grown up person at the residence of such incumbrancer, if rcsid^no- in this Province, and if residing out of this Province, bv personal ^er- 618 ' ^ I ""- -^i vice ox- Hearing and proof: ascertain* ing amount of incumbrances and payment thereof. Vice soviet. RIGHTS OF PRIMOGENITURK— AMENDMENT (c. W.) 1857. Vice thirty days previoualy, or by publishing the notice once a week for four weeks in the Canada Gazette. * XXm. Upon such application, and proof of notice being given, the Court shall proceed to hear the allegations and proofs of the parties, and after the amount of incumbrances shall be ascertained, thereof shall order a distribution of the woneys so brought into and re- mammg in Court, among the several parties havTng such incum- riprt?fr"r '"^ \'\^ P''""'^ **^"^^"f respectively, and the Clerk of the Court shall procure satisfaction thereof to be ac- knowledged, in the form required by law, and shall cause the incumbrances to be duly satisfied or discharged of record de- Iraying the- expenses out of the moneys payable on the share or shares which were so incumbered ; Provided always, Proviso. that such proceedings to ascertain and value the amount of in- cumbrances, shall not affect or delay the paying over or investing ot money to or for any party upon whose estate in the premise! tncre stiall not appear to be any existing incumbrance. XXIV. Whenever the estate of jiny tenant in dower to the whole or part of such estate," or of any tenant by courtesy or for life to any part of the estate, has been admitted by the parties, or ascertained by the Court to be existing at the time now. ot the order for such sale, and the person entitled to such estate nas been made a party to the proceedings, the Court shall first determine whether such estate ought to be exempted from the sale, or whether the same should be sold; and in making such determination, regard shall be had to the interests o*f all the parties, and if a sale be ordered including such estate, all the estate and interest of every such tenant shall pass thereby, and the purchaser his heirs and assigns, shall hold such premises tree and discharged from all claims by virtue of the estate or interest ot a.iy such tenant, whether the same be to any undi- vided share, or to the whole or any part of the premises sold ; and the Court shall direct the payment of such sum in gross out ot the purchase money, to the person entitled to such dower or estate by courtesy or for life, as shall be deemed, upon the principle applicable to life annuities, a reasonable satisfaction tor such estate. XXV. When any married woman shall be a wi,e„u.arried party to such proceedings, the petition shall be by woinau is a party, her and her husband, and the service or notice of joined!''"" ""^^ such petition shall be upon her and her husband, and the judg- ment or decree shall be binding in such case upon her and hor husband, and all clai.ning through her or them ; and if her claim be an inchoate right of dower, in any case of sale, the 6^9 Court Case of tenant In dower, by court- esy or for life j If sale be made such tenant shall be satisfied out of proceeds, and now. 20 Vict. RIGHTS OF PRIMOGENITURE— AMENDMENT (C.W.) 1857. Sl'taJl^re'riS <^'»"rt sbalJ determine the value of such right or dower. accordmg to the ^>riciple8 applicable to deferred annuities and survivorships, and shall order the amount of such value to be paid to her and her husband on their joint release under seal, and such order and the payment and release thereon shall be a valid and effectual bar to any right or claim of dower. Notice o( sale and XXVI. The Real Representative shall give no- repor. thereof. ^j^.^ ^f any Sale to be made by him, for the same time and in the same manner as is required by law on sales of real estate by sheriiFs on execution, and the terms of such sale shall be made known at the time of the sale, and after the completion thereof he shall report the same in writing to the Court, with a description of the different parcels of land sold to each purchaser, and the price paid by him ; and on the filing such report, if such sales be approved and confirmed Deed to be made by the Court, an order shall be made directing the S'erail'beap''^ Real Representative to execute deeds pursuant to proved. such sales, and such deeds so executed shall be recorded in the County where the lands lie, on a memorial there- of, in the same manner as other deeds, and shall be a bar both in law and equity, against all parties interested in the premises, who shall have been named in such proceedings, as parties, and against all unknown parties where notice was published as afore- said, and against all persons claiming under or through them, and also against all incumbrancers, where the notice hereinbefore mentioned has been given to them. XXVn. The proceeds of such sale, after de- ducting all costs, shall be divided among the par- ties whose rights and interests shall have been sold, in proportion to their respective rights in the premises, and the shares of such as are of full age shall be paid to them by order of Court, and in the case of in- fants, unknown or absent parties, shall be invested for them in the name of the Real Representative and his successors in office, until lawfully claimed by them or their legal representatives ;' and the Court may in its discretion require all or any of the' parties, before they shall receive any share of the moneys arising from such sale, to give security to the satisfaction of such Court to refund the said shares, with interest thereon, in case it shall thereafter appear that such party was not entitled thereto. XXVni. All securities shall be taken in th books and forms, as well as of procuring and dis- S" " tributing copies of this Act as aforesaid, shall be borne by the V^ounties or Union of Counties respectively. IX. Copies of this Act shall be mailed from the Copies of this Act office of the Provincial Secretary to the addresses l^tX^t''' of the Clerks of the Peace of the several Counties and Unions of Counties in Upper Canada respectively as soon as conveniently may be after the passing of the same. '' X. All Acts and parts of Acts inconsistent with r„ • , . fbio A,.f cV,^ll U J ii_ oiv-iii. Willi Inconsistent enact- iiiih Acr, snail oe and the same are hereby re- "'^"'* repealed. pealed. "^ XI. This Act shall apply to Upper Canada Actiimtted.o *^"iy' V. C. only. ^"'^ Schedule. l:f;H 20 Vict. SOLEMNIZATION OK MATRIMONY- -AMENDMT. Cap.6«, 1H57. il: o •s a Q s u -a CO S- • u u -< M CtS m^ S -1) k— 4 »< b. o u 5h ■«! a • ■ i ' 0) E 5(5 b a> ^ a es of own. B «- o es «<-^ !^=^Ja Cm <>-i . o— c ajjffe o -« o 9 i •i g 1 M S c 1 m ■ «l := c 1 Age know u 2 " a W « iz; i O of C 1 a-S fc 2 § o Sue rt =s^ 55 f^^ C*H Wl ®"".c S5g "- .= c Oipq.;^ o I o a "tfl u H S c o n' U 1—4 rQ .T; c a, fe tog ' oJ M S ,■ rt,-\/^ S;l as a ^ ? CO 01 CO Q 13 fcc Uh .S o rs S O a S- ■4^ s «J kl u u 01 Si fc: s o « u w '^ 1—1 .o o O) to ^ .S ■" a '^ 2 r I 09 Q -Si c .SP. 626 4) i Municipal on. !gwra £j g?sp;!-agftga»3t 20 Vict. MUNICIPAI, LAWS— AMENDMENT (c. w.) Cap. 67, 1857, MUNICIPAL* LAWS ACT, Any Villtiije con- taining beiween 750 anj 3,000 in- Ijubitums may be incoriwrated by liiocliinmlinn on cnniplying with ccriuiii contliiions. CAP. LXVII. AN ACT TO AMEND THE MUNICIPAL LAWS OF FPPFR pavat.. RELATING TO THE INOORPORATION O? vfLLAGES ^^ [Assented to lOth June, 1867.] WHEREAS by the Municipal Laws of Upper Canada, no provision is made Preamble. for the incorporation of Villages until after the taking of the periodical Census, and much more inconvenience and unne- cessaiy delay are occasioned thereby : Therefore Her Majestv c?I «nW I^^ 't ^"^7%' ^"f ^""^'^"' «^ ^he Legislative &J: oil and Assembly of Canada, enacts as followsl ♦ i' i^,'?^"^^^'' any Village not now incorpora- ted shall contain over seven hundred and fifty and less than three thousand inhabitants, it shall and may be lawful for any number, not less than one hundred of the resident freeholders and ccr.iin col.unions householders of such Village, after having given one „ on h's TrrvV""" newspaper published in each County inZlich such Village may be situated, to petition the Governor of hi. Provmce, that suchVillage may be erected into or set anar as an incorporated Village, and the inhabitants thereof inCpo- rated under the provisions of the Municipal Laws c^f UpL Canada ; And upon such petition it shall be lawful ibr the Said fipThTh' '''' ^''"/ '^'''^'^ ^y ^ ^«"«"« ^« be taken and ^H- fied by the oat], of two credible witnesses, that any .uch Vi ]agecontar.s more than seven hundred and fifty inhabitants by an Ordei m Council to issue a Proclamation under the Grea^ &ea ^'ovmce, erecting or secting apart such Village as £x. ji c , Village, by a name to be given in or by such P^oclam^ ^d to set forth in such Prc-nfama- „ / tion prope. ... -ies for such Village, inciudin- SeT' '° '" within such Li..undaries any portion of the Township or Town- ships which from the proximity of streets or buildings theid" may be conveniently attached to such Village, and when uch Village shall have grown up on the confint'of clTvC iwooi more Counties, or two or more Ridino-s p»"iy within uvo of the same County, or of two or more Electoral ^St^'"' Divisions, so as to lie partly within the limits of each, to annex the whole of such Village as incorporated to some one of such Counties or Ridings or Electoral Divisions exclu- .„■ , , , sivelv ; and the inhabitants of sucfi Village shall ^.X^ratS on, from and after the first day of .January next, after the end b.7 ■ ^f Ill 20 Vict. COUNTIES UNITED FOR MUN. PURP08E8(c.W.) Cap.lH, 1857. of one calendar month from thp teste of such Proclamation, be incorporated, and the said Village shall become an incorpo- rated Village, apart from the Township or Townships iji which »^ch'vina'c" '" ^^ '^ situate ; and the first election for such Vil- !r it"'^'^ '^^^ ^^^'^ ^^ ''®'^ *" ^*^^ manner prescribed in tne Upper Canada Municipal Acts, on the first Monday in January aforesaid, and such Villa^e shall from thenceforth lorm a part of the County to which it shall have been annexed as aloresaid, and shall be subject to the same regulations and provisions and shall have and be entitled to the same immuni- ties and priviliges as incorporated Villages now have or here- alter rnay have by law, as fully as if such Village had been specially mentioned in the Schedule or Schedules relating to Villages attached to the Municipal Acts of Upper Canada. inconsisiem enact- II. All Acts and parts of Acts inconsistent »ne..t. repealed. .^ith this Act shall be and are hereby repealed. COUNTIES UNITED FOU MUNICIPAL PURPOSES. Preamble. mg CAP. LXVIII. ^SF^^To'^PAPni^^l rH?HfJ.^^^^ UNITED FOR MUNICIPAL PURPO- OTHER IMPROVEMENTS INDEPENDENTLY OF EACH [Assented to lOth June, 1857.] WHEREAS it is necessary to afford greater facilities than at present exist for carry- "■ °'/ °^^^ improvements in Counties where two or more are unife(i : Therefore Her Majesty, by and with the advice and consent ol the Legislative Council and Assembly of Canada, enacts as follows : another inay^aise ^' From and after the passing of this Act, it fo?tS't.. '^^" ^"^ "^^y ^^ l^^^^^l ^or the County Councils poses of United Counties to take into consideration, make appropriations and raise funds, so as to enable either County separately to carry on such improvements as may be required by the inhabitants thereof. County int'erusied ^^' Wheuevcr any such measure shall be only to vote. brought uuJcr the notice of the Council of any Ui\ited Counties, none but the Reeves and Deputy Reeves of the County affected by the measure shall be permitted to vote ; Proviso Provided always, that the Warden in case of an equality of votes for and against the measure, shall have the 628 right 20 Vict. DISPOSAL OF ROAD ALLOWANCES ACT (C.W.) Cap. 69. 1857. nf nmf S''''"^ ^^ *'^'*'"? ^°^^' ^^'^•''^•- h« be a Fleeve or SSeorTot^'^"^'''^"^^'^^^*'^^ ^-"^y ^«-^- brthJ III. In all other respects, all the provisions of m , . the Municipal Corporations Acts of Upper Can- "=';"l?o"^ ada giving such privileges and making provision ?«"«&""" for the payment of the amounts appropriated, whether to be beTdltd"r ^ ^^^" ^' " '^ -^'^ 'y ^-- ^-U^n/rhall IV. The Treasurer of such United Counties Mcey, so raised shall pay over all sums so paid into his hands by ^^ ""•""" the several Collectors without any deduction for per centage. V. The property to be assessed for the nur^ n , poses by this Act contemplated, shall be the th"ete.rilr" same as ,s assessed for any other County pur- «'°"""- pose except that any sum to be raised for the purposes of one County only, or for the payment of any deb* contracted for^h! purposes ol one County only, shall be' assesSTnd lev ed ^:^2!:ZZ^^ County,andnot uponttlrihl t'S DISPOSAL OF ROAD ALLOWANCES. CAP. LXIX. AN ACT TO PROVIDE FOR THE DISPOSAT nv wnAx. ., OES IN THE RURAL MUNICI?ALITIeI OT UPPER^CANA^r."^^^" [Assented to 10th June, 1857.] WHEREAS it has become necessary to pro- of nrJcJn'f "^^^.^^'^y ^^' ^he Stopping up and sale Preamble. ot original road allowances in Upper Canada • Therefnro u Majesty, by and with the advice a'n^d consent of' the Let L"ve Council and Assembly of Canada, enacts as follows!^ I. So much of the one hundred and eighty- Panofsecioms, seventh section of the Upper Canada Municioql fr '^ ^- *= «'• ""^i Corporations Act of 1849, as amended by The ^--^"^^ Upper Canada Municipal Corporations Law Amendment Act of 1850, or of the thirty-second section of the Upper Canada Municipal Corporations Law Amendment Act of 1853 n« ^ vents Uie Municipalities of Townships and tL M^mLfpal" Councils of Counties m Upper Canada from passing Bv-laws for stopping up original allowances for roads in su?hTowr. uzy , . ships If 20 Vict. Disi'osAi, OK ROAD ALtowANCts ACT (c.w.) Cap. 69, 1857. ships or Countiei), or from soiling and conveying any original al!o\v:ince for road, shall be and the natnu i» hereby repealed. nKyli.?.';;': "• It «luill bo lawful for the Municipality of iniouMVitt- each of the Townships of Upper Canada from CO.. time to limo to make a By-law or By-laws for the stopping np and sale of any original allowance for road, or any part thereof, within such Township, and thereby to deter- mine and declare the terms upon which such original allow- firmaum'hy' """" a^ce for Toad shall be sold and conveyed; Pro- County Council. vidcd always, that such By-law or By-laws, be- fore they have any fortie, shall be confirmed by a By-law of the County Council of the County in which such Township is situate, at some ordinary session thereof, held not sooner than three months nor later than one year next after the passing thereof. ® m:;i'n^k^;;"r!L I"- it shall be lawful for the Municipal Coun- &;r'.heir ?^ °^ :^ach County or Union of Counties in control. Upper Canada, from time to time to make a By-law or By-laws for the stopping up or stopping up and sale of any original allowance for road or parts thereof within such County or Union of Counties, which is subject to the sole juris- diction and control of the Municipal Council thereof, and not being on the limits of any Village, Town or City therein. , . IV. In all cases where a Public Road has been opened or where a new road shall be opened in lieu of the original road allowance, and for which compensation shall have been or shall be paid, the Municipal Council of the Township or of the County shall in their respective jurisdictions, have power to sell such original road allowance to the party or parlies next adjoining to whose land or lands the same shall have run or be run, and in case of his, her or their refusal to become the purchaser or purchasers thereof, at such price or prices as such Municipal Corporation shall think reasonable, then to any other person or persons whomsoever, but not for a less sum than the price it was offered to the party refusing to purchase it. Ami ituo compeu- V. In all cascs where a public road has been madeVo'rthe'now ^^ wherc a ncw road shall be opened in lieu of '^""''- an original road allowance, and for which no compensation has been or shall be paid, the Municipal Council of the Township or County in their respective jurisdictions shall have power and they are hereby authorized and required upon the report in writing of the Township or County Survey- or, or of a Deputy Provincial Land Surveyor, that such new road allowance or travelled road is sufficient for the purposes 630 of To whom lb 9 Road Allownncc shall be Krst offer- ed ill certain cases j if ompen- sation h-'s c>i:eii made lor a new Road. -J« nol to lio ■lodcd no m lo pre- vent ucceu lo aiiy IhikI. 20 Vict. ""'•'mo,v„«u,,„,.^r.,„„r.«T-.^r.««.(c.„.) 1857 •he -«.„. ,„.,. uL L oScriif 11 j:;?- in' - 1--^- V[ When nny such Road is, in tlio ooinion of «uch Municipality, useless to the public,Z? lioj S".Vf.?«.;' Munic ipality s mlj, subject to the conditions aforesnirl ««ii j convey a part thereof to each of such pack's a, to «' i! m*""* Cipahty s/.ali appear to be just and reanonabie "'^ ^""'■ VII It shall not be lawful lor any Municinali hiffhunv vvh .»: T "P.«"yP"b'i« road or S: ""' Din^"nn^ml^^"f ''''' /""■ *^^ ^*"PP'"^ "P' «^ S^OP- ,«r",T V "" """ El Zm K ' ' ^^^/ny original allowance for '^r. ^■^"^ --^"^ Koacl shall be passed until one month's notice therpof .h.ii sfx^mfblic r^" '^ T"*^" ^^ P""^-' notices putd'ntt a Hon „V til ■ ""f^. '*' '° S'''" ""'''' ""'ioe ™ tl,e mvlici HOUSES OF PUBLIC ENTERTAINMENT. CAP. LXX. . [vlsscw/cJ to 10th June, 1857.] W^^l!iw^^^^. '^ 'f e/Pe^lienl to amend the Act sixtv fi vP ?rf ° ^•^"'' fourteenth Victoria, chapter Prea,„.,ie. Ce'r CanadT in"'^'^' ^"^ ?^^'''' ^'^ tavern Licenses in upper Canada, m so far as it relates to the elecUon of Inspect ors Inspectors to be appointed by the M ;;icipal (joun- cils after 1867. 20 Vict. HOUSES OF PUBLIC ENTERTAINMENT— AMEND. (c.W.) 1857. ors of Houses of Public Entertainment, by providing that here- alter such Inspectors shall be appointed by the Municipalities, instead of being elected by the people as heretofore : Therefore Her Majesty by and with the advice and consent of the Legis- lative Council and Assembly of Canada, enacts as follows? I. Aftel- the present year one thousand eight hundred and fifty-seven, so much of the said Act as empowers the Municipal Electors to c.«a,teri«7. elect Inspectors of Houses of Public Entertainment in any Municipality m Upper Canada shall be repealed, and it shaU be lawful for the Council of each such Municipality to appoint annually one or more fit and proper persons to be such Inspect- ors, who shall hold office during the year for which the said Council shall have been elected, and any vacancy occurring during the said year shall be filled as aforesaid by the said Council, for the remainder of the period such Council shall continue m office. II. It shall be lawful for the Municipalities in sy-iawstobe . Upper Canada, by By-law, to fix and define the gotMZ^f duties, powers and priviliges of the Inspectors so appointed bv theni, the remuneration they shall receive; and the security to be given by them for the efficient discharge of the duties of U ''erCanida ^^"^^ "°^ ''^'"^ contrary to the laws of III. The person or persons to be appointed In- spectors shall possess the same property qualifi- cation as is now required for the Councillors of the Municipal ity which shall pppomt the same. ^ IV. So much of the hereinabove cited Act as is inconsistent with this Act shall be, and the same is hereby repealed. Qualification of Inspectors. Inconsistentenact- inents repealed. TOEONTO ! FllINl'BD BY LOVEIL A.VD GIJlgOJT. 632 '^!"i'''J i i [ iMMBi>ji.s Bank to give and grant to the President or first Director or Tiustee of that Institution, as a remuneration for his services, any sum or sums of money not exceeding four hundred pounds currency, per annum, out of the profits on the funds deposited in their hands as such Directors or Trustees; any thing in the said Act relative to Savings Banks to the contrary notwithstanding. Public Act- III. This Act shall be a public Act. (See Savings Bank Act, pages 277 to 284, in this work.) PATENTS FOR INVENTIONS-EXTENTION. CAP. XXXIII. AN ACT TO EXTEND PATENTS FOR INVENTIONS GRANTPn vmt nvP SECTION OF THE PROVINCE TO BOTH SECTION^ THPRFOPOM CERTAIN CONDITIONS. *3iii.iiUJNH iHfcREOP, ON PiMmblt. 12 v. s. 24. [Assented to 10th June, 1857.J W^E^EAS^by the Act passed in 1849, in the Iwelith year of Ker Majesty's Reign, 634 ), as a oui of 20 Vict. PATENTS FOR INVENTIONS— EXTENTION. Cap. 33, 1867. and intituled An Act to consolidate and amend the 7 mn. f Patents for Inventions in this Province ir^ll ItS 1"^ Patents thereafter granted shouldVxrnd ^, V^h^e Si c^' and by the Act passed in the Session held in 1851 T thp' fourteenth and fifteenth years of Her Majesty's u ^oV 7« Reign, and intituled^n Act to enable parW hold ngP^ente for Inventions confined to one section of this Province fonh,T the extension ofthe same to the oiher\ectimZ7eof ^TZ other purposes therein mentioned, provision is rnade fnrJl extention of Pate„,« issued for ei'th'er Upper or Lower Canada before the Un.on thereof, to both sections of this ProWnce S hough jt was equally expedient that provision should be ^ade for the hke extentions of Patents issued after the Union but before the passing of the said Act of 1849, and it appears to have been the intention of the Legislature to make sLl^ provision, yet from the wording of the said Art Ui . ? doubtful whether such provisio^n is ;her:b;'.n1d^ ; rlTr^t: Her Majesty, by and with the advice and consent of X' foK's?" ^"""^•' '"' ^'''"^''y «f CanaT^nacl'a: 1. Every Patent for an Invention issued after the Union o( Upper and Lower Canada, but .., , • ^ before the passing of the said Act of 1849, shall ^^^VZ^ i'lZM T '''' ?^''l"^ ''^ '^'^ Act, and by ^iZ''.^LZ\7t virtue thereof, extend and apply to and throueh- ?^\l'^' '^^"'^'^ out the whole Province of Canada, and shall be ^-.U subject to all the provisos, conditions, reservations and restrictions mentioned and contained in the said Act of 1849, and the provisions thereof and of the said Act of 1851 applicable to Patents generally, shall apply to such Pate m' and all matters incident thereto; and any such Patent fhall as regards that section of the Province for which it was not originally granted, convey to the holder of such Pa enT all Z privileges conferred by the said Act of 1849, for and dSrini the remainder of the term for which such Patent was oriS Iv granted, and shall be renewable for the whole P^ov ncett period and under the co.litions prescribed in the eleventh sectionofthesaid Act of 1849: Provided always that every person or corporation in that section ofthe Province to which such Patent shall extend solely by the virtue of this Act, who has or shall have purchased, constructed or used within such section of the Province, prior to the passin- of this Act, any machine, manufacture o, composi- tion or matter inninded 'P ^^i^^h Ot!"-ii -i-n i u u 4 tho r:»k» . 1 ," ^aiciit, snail be held to possess U^e right to use and vend to others to be used, the specific rrohl"!:^"''""'^''^"'^ "^ composition of matteJ so actuals purchased, constructed or used by him before the passing o^f ^^^ this I'rovlso : in farour of porfons who havo used the In- veution before tb« passing of this Act. riM Jtl" « '" ' ? i px5^ 20 Vict. TEMPORARY JUDICIAL DISTRICTS FEES. Cap. 60, 1867 this Act, without liability to the Patentee nr nfK^. '' interested in the invention for which sucirPateitwaJant'ed" as regards such section of the Province. granted, {See pages 427 to 443 in this work.) JUDICIAL DISTRICTS' FEES. SCHEDULE B. TARIFF OF FEES AND ALLOWANCES TO BE RECEIVED BY CLERK*, AND BAILIFFS. ^^^vjiu m CLERKS CLERK'S FEES. i Not ex- ' ceeding .£5. Exceed- iug £5 and not £15. Entering every Account and issuing Sum-^ £ s d mens I Q j' ^ Copy of Summons, Particulars of Demandi or Sett Off, each \q ^^ ^. Every Summons to Witnesses witli any number of names __ C Entering Bailiff's returns to Summons to^ Defendant ' q Every copy of Subpoena when made' bv' theC^erk ■ ^, ^ „ Entering Sett Off or other Defence re- quiring notice to Plaintiff , i Q Q Adjournment of any cause , ',') q i Entering every Judgment or order made| at hearing jq „ Taking confession of Judgment .'.,.' J o Every Warrant, Attachment or Execution | l Drawing every Bond, including Affidavit' of Justification i O ., (, For every Affidavit taken, and drawing the same, if not over 3 folios, if over that number, 8d. per folio 1 Every search on behalf of a person not a party to a Suit, to be paid by the Ap- plicant Every search for a party to a Suit wheii the proceedings are over a year old C Exceed- ing £15 and not Exceed- exceed- |'°g ^20. ing £20.1 £ s. d 1 6 9 6 3 I 3 1 1 1 'J 1 6 3 9 1 £ s. d. 2 1 £ s. d. 2 6 ] 3 6l 6 3 3 1 1 G 6 BAILIFFS' FEES. Service of Summons or other Process except Subpoena, on each person Service of each Subpoena Taking Confession of Judgment Enforcing every Warrant, Execution or Attachment against the body or the goods Drawing every bond authorized to be taken by him Every Schedule of property seized. .' For necessary notices of sale under execu o^'ion Is. each 636 6 6, 4 9 2 1 2 C 1 3 1 9 2 3 9 10 6 6 1 4 9 !{ 2 6 13 1 3 - 3 1 3 1 1 6 9 2 6 3 9 1 6 () 1 4 6 3 Fo •. 60, 1867 • •' t? !ier person Js granted, 22 Vict. FRAUDS COMMITTED BY TRUSTEES, &C. Cap. 2, 1858. For necescnry travel to serve Summons and other process, or to execute Warr,.„» 5Y CLERKS ;d- i Exceed- d- |'°g ^20. 20. £ s. d. 2 6 ] 3 6 3 - 3 1 3 1 1 6 9 2 6 3 9 10 6 () 1 3 4 ti 4 2 6 1 3 S 9 SCHEDULE C. ALLOWANCE TO WITNESSES. Attendance per day in Court £q Travelling expenses, a reasonable sum in'ihe* dis- cretion of the Stipendary Magistrate, not exceeding Is. per mile, one way. ° And where a witness attends in two or more causes hi^ expenses may be apportioned between or amongst such caises Jt the Stipendiary Magistrate shall think fit. FRAUDS BY TRUSTEES, &c. CAP. II. Fo AN ACT TO MAKE BETTEIi PROVISTON FnR Twv wTTMTatr«r,„™ [Assented to 30th June, 1858. J WHEREAS it is expedient to make better provision for the punishment of frauds '" commuted by trustees, bankers, and other persons intrust-^d Td ZZtnl 'J'r'r^ Her Majesty, by anS with the ad'lce catra::n"aetfa:'f:ii^:?f'"'^^ ^"""^^^ ^-' ^--^'y o^ I. If any person being a irustee of any property for the benefit, either wholly or partially, of somi Tr^stoes frau- otiier person, or for any public or chariiahlp nnr '^"'•"'"y ^'^- pose, shall with in.enVto defraud, convert^ «; f^'^'T^- appropriale the same, or any part thereof, to or "' for his own use or purposes, or shall, with intent as aforesaid otherwise dispose of or destrov such prnn-(^^ or inl ™ thereof, he shall be guilty of a misdemeal";'^-" "^ ^'^ ''' II. ni mi 'Mi 22 Vict. Bftnkerfl, Ac., I'rsu- dulenlly te]Uog, Ac, property in- truited to their eare. guilty of misdemeanor. or any part Persons holding powern of Attor- ney fraudulently sailing property," f ailty of II misdp- meanor. FRADDS COMMITTED BV TRUSTEK8, *C. Cap. 2, 1868 II. If any person, being a banker, merchant. broker, attorney or agent, and being intrusted fo/ safe custody w.th the property of any other per- son, shall, vv.th intent to defraud, se I J, negotiate, traasler, pledge, or in any manner convert oJ appropriate to or for his own use «uch property, thereof, he shall be guilty of a misdemeanor. ^ III. If any person intrusted with any power of atorney for the sale or transfer of any oi-operly, shall fraudulently sell or transfer, or otherwise convert such property or rt - .■ :-t thereof to hi«i own use or benefit, he she..* aihy of a misl demeanor. "^ Bailees fraudu- of IV. If any person, being a bailee of any pro- ....... ..„..u. per y, shall Iraudulently take or covert the same prn^frtrtoXl; If '"^»^^" "^^^ or the use of any person other own^u..g„utynf han the Owner ther^^of, although he shall not break bulk, oi- otherwise determine the bailment, he shall be gudly of larceny. nnM- ^'■^"ypp'-f n>l^eing a director, member, or public otlicer of any body corporate or public company, shall fraudulently take or apply, for h.s own use, any of the money or other property ol such body corporate or public company, he shall be guihy of a misdemeanor. ^ d5.e'n7'^« "- J^- ^'" ^"y person, being a director, public counts,- othcer, or manager of any body corporate or himself nf '^ r "; ^^^P'^'V, ^hall as such receive or po.^sess comorl ^'''^. '^'' ™^"^^y «'• «'her property of such body ?ust7eb, :; r^^'^r^'P^'y^ otherwise than in p .yment of a Directors, ic any body cor- poi,ite or public Company, fraudu- lently appropri- nting property,— Or wilfully des- troying books, *c ; — VII. If any director, manager, public officer, or member of any body corporate or public trnv ol, company shall, with the intent to defraud, des- troy alter, mutilate or falsify, any of the books, papers!writini Panv of with' h "^?"'- '? ^'^ ""'^y eorporate'^oi^ublic coT "Tnv mlr ' "' '""'" ''' ''^" '""'^'"^ «f '»"y '■^'«« entry, nocumen., he ^hal{ be guilty of a misdemeanor. ^^® VIII. ■ >j?^^J!:'!!il ! ii i 1»a!>. ' m, W BHWf.'rt»i«»S»ag Porsong receW- ii-g property fraudulently ai^pns-d of knowing It to have been go, guiliy of a mi^UumeaDor. 32 Vict. KRAUDS COMMITTED BY TRUSTEES, 40. Cap. 2, 1868. VIII. If any director, manager, or public officer of any body corr.iraiK nr ,^T,^^!;„ H'^""!- orpubiighing shall mni,o •'^„. ■{ yo>^p^ratt or public company fraudulent guit.. shall make, c rculafe or publish, or concur in '"'""^'- accoun^twhTch he?h ?^P"'^"«hing any wriuen s.alement or account which he shall know to be false in any material oarii cu ar, .vnh intent to deceive or defraud -.n/Zler sZe or w U; in^nt rinc?"'' '°'^ ^^^^°^^'^ or'publirco;npany or uii, intent to induce any person lo become a shareholder or partner therein or to intrust or advance any 1 eTor pro periy to such body corporate or public company or^o eSfe; into anv security for the benefit thereof he shall ' be guifty of a misdemeanor. ' '" '^^^^ Sn^o',"^ IX. If any person shall receive any chattel wi'^' f""' !,'l"^^'' ^""""^y' ^hich shall have been so fraudulently disposed of as to render the party disposing thereof guilty of a misdemeanor under any of the provisions of this Act, knovvin' the same to have been so fraudulently disposed ol, he shall be guilty of a misdemeanor, and may be indicted misaemeanor shall or shall not have been previouslv convipf^d or shall or shall not be amenable to justice. ^ ^""victed, X. Every person found guilty of misdemeanor under this Act, shall be liahlp nt tho ,i;.„ .• Puni'hment or nC tUc n^,, . . i • liaOie, at the discretion anrsdemeanor oi ine uourt, to be imprisoned in the Provincial ""'*«'•""»*'"• Pen.ientiary for any term not exceeding three years nor less than two years, or to suffer such other punishment by imDrf sonment for any term less than two years, and with or wiZnt" hard labour, or by fine, as the Court shall award. ble^o; e^Ji'tli"fni" *''^' "^"^ T'"'"^^ ^h^" ^"^- Nope„one«n.pt Die or ent tie any person to refuse to make a full '■"'""..''"'■'eriDg^ and complete discovery by answer to any Bill Tt^ ^^Zll^ Equity, or to answer any question or inierroga- tZZ^^f^ oJVnnu7 P'-°««^ ^"^ "o conviction of anv such offender ^ri^.Ztl^!r f'^^" •^^ '•^^^i^e^ i" evidence in any action at .uiu. law or suit in equity against him ; and nothing in this Act contained shall affect or prejudice anv mLapp^ro^^^^^^^^ °^ "P^^""^"^ ^^-^ ^'"«^ P-pertf n:X°r°a.^i^°]i: /^"' .^*? Proceeding or prosecution for any StX^ur^" S'^'f ^"^^"^^'^ , i" ^he first section, but not in- „ , eluded in any other section of this Act shall hi» commenced without the sanction of Her Mai;sS's'lno nev Genera for Upper or for Lower Canada, as the case mfy be o^r PXTZ^' ,^" case that office be vacant, of Her Majesty's So' t«iac«e.. hcitor-General for Upperorfor LowerCanada, as na^A' u ,. V ''^f^ "^^y ^'^ ' P''ovided that when any civil pro- ceeding shall have been taken against any person to whom the provisions of the said first section, but not of any other sect™ n of this Act, may apply, no person who shall have taken such civil proceedmgs shall commence any prosecution under this Act without the sanction of the Court or Judge before whom such civil proceeding shall have been had, or shall be pending. . PJ- I^' upon the trial of any person under this Act It shall appear that the offence proved amounts to larceny, he shall not by reason thereof be entitled to be acquitted of a misdemeanor under this Act. If offence amounts to larc«ny, of- fender not to be acquitted of mis- demeanor. Misdemeanors not triftbls at sessions. XV. No misdemeanor against this Act shall be prosecuted or tried at any Court of General or (Quarter Sessions of the Peace. ^"r'Srt^^r "' ^^^- P^ '^^'■'^ "Trustee" shall in this Act «n«,« 1 1 ™f,a" a Irustee on some express trust created bv ZT. ' '^i' commission, letters patent, appointment t^ c ude thP hpir '? °' ^n^^trument in writing, and shall also iu^ JunJ ^"'^ P^'T^^ representative of such Trustee, and also al executors and administrators, and all assignees in Bankruptcy and Insolvency, under any Act of this Province roTd^Tru:,''"'". tf i" force; and'in Lower Canada'he word Trustee" shall also include any person who is, bv the coMrt of Law. The cxpressiou " Court of Law," shall includ ■ any Court having civil jurisdiction in Lower Canada. 640 22 Vict. ,,oKKioN KXKcuTOR,, &c. Cap. 6, 1868. dJcrlZ^'^ " Property" shall include every ^P-r^- description of rea and nprsinnai «. . ^»cijr »- / material., mone^ "ebfs Td ^e'Z e7^^„°d°'l'M'T ^ '^^''er instruments relating to or evidcSgVtl or hJhm ""^ property, or giving a right to recover'or recei e anv^m *"^ goods; and such word " Propertv " S I? ^ money or include not only such real or n!/' . " ^'^° "^^"^'e and been the originVTuUc ^f ^^^^^7 " ^^^ 'j^^'^ personal property into which h« ' ''" ^"^^ '*«al »' converted or exchanged and th. Ir 'T\ ™'>: '^*^« been and any thing .c,:z%'':^:i:;ro::t ^'^--^-^p-ti-iv. , ll Ft (I FOEEIGN EXECUTORS, &c. l,= Country aiJl'"" and JaJcen to bTamhentir«n7?T' ^'°''"'y ''^^" ^« ^'^^^ PaJfy fo den!\hP r.T^'r'"' ^'r ^"^ ^"^^''^^'^^ How the .„t..„. pariy lo aeny the authenticity of the original of '""^ "^"""^ i"- any such copy, by filing with the nlPaTn'Mn- "^=-""'--'' srsii authentici ^ " nenvmrr ity, an affidavit to the effect thai 643 ascertained commlsslOB, *c. he ttlill m'i 32 Vict. KATE OF INTEBKST. Cap. 86, 1868. he has reason to doubt, and does not believe, that the same was executed or attested by the person or persons nor in the manner It purports to be, and by entering security, to the satisfaction of a Judge, for all costs attending the execution of Ht,T.T''"u" '-^ ^"^ '''"^'^ *° P'°^« «»«h power of Attorney ; it shall then be incumbent on the party wishing to use the fnS^'.i'' '^"''^ the original thereof in due form of law, to which hni r ?u^'^ ,^''''^"8 '*'^ '="'^°'^y °f «"«h original shall be bound, on the order bf any Judge, to deposit the same in Court in the cause vvherein It is put in issue, first detaching the same irom aiiy original minute whereto it may have been annexed, .hli f ii''^ ^i'^- ^T"'; °^ '^« P^'"'y' a t'"^ and exact copy the eof collated in due form of law, which shall for the time ul^uT^m "f '^"""l^ 7"'^^ ^'"^ ^" ^'eu of the original ; and It shall be the duty of all Jrdges and Courts to grant such TnA- °" P®^'.*'^"' «"y Jaw or custom to the contrary notwith- standing; and the onginal may thereupon be annexed to any Commission to be issued for the proof thereof. CMtj^of proof, how III. If such powcr of Attorney is duly proved, w -k 11 u . \ ^"^^^f incurred on the proceedings for proving «nJh!nt: •. fl^^^'"'' ^"^ P^y^^*^ by the party denying thi ?n the S '^'"'' '''^^''''' ""^y ^^ ^he ^^^^ Judgment RATE OF INTEREST. PrMmb:«. CAP. LXXXV. AN ACT TO AMEND THE LAWS OP THIS PROVINCE REGULATING THE RATE OP INTEREST. ^^^in^u [Assented to Wth August, 1858.] WHEREAS it is expedient to amend the .. . laws relating to Interest of Money, and for that purpose to repeal the third section of the Act of the Parliament of this Province, passed in the sixteenth year of wI-'^M ,, H^"" Majesty's Reign, and intituled, An Act to modtfy the Usury Laws, as to future contracts : Therefore, Her Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows : s«:tion 3 of the I. From and after the passing of this Act. the 644 third 22 Vict. HAT-^ OF iNTKHMT. Cap. 86, 1858. rn»n. «,i * t-*aci, on any contract or agree- "f intorct. lo%r::T:;:r' "^^ "^^ °' ^"^^^^^^ - ^---^ -inch may DoJILf'h ''^'' "°A ''" ^r^"^ ^^'^ ^"y bank incor- rrovincc, or of the late Provinces of Uooer =""' p" "^"uiS. id?a.f.. f""""" ™ay be received and taken hi ZIHZ lawft^^ for^^n"^ such Bank ; and it shall be iLl^XXi tJ.y"-^?!.'''''!*''''^"^^"^ ^"y *^""^ to the con.. K\^.r4f« irary m the Act passed in the Session held in ""-'^^ '" """> "» Uje nineteenth and twentieth years of Her -L^-Sut Majesty's Reign chapter forty-eight, intituled rnree;.ere thl il^"' T*'*^^ ''^^ '^' Chartered Banks in Sbl'"""'^ n^ R.L- r '''•^^'''' '' '^^" "^t be lawful for any Bank ProvLce"!„ d'-'''''°?' '""^'"^ °" ^"«'"««« -« ««ch i t h" s Province, in discounting at any of its places or seaf/nf any S bUrot^th'^^"^^^?-^;;,^^^^^ of d=t rn^^epos any XV ' il ' '' "fgotiable security or paper payable at Sclesor offit T^P'^""' ^^'""*' °^ business/branches, to^'eceive or 't^^^^^^ ''^P^^'' ^^thin this Province excPPrHn! ti f n •" ^''^'^'°" *° ^^e discount any amoun Hm! -^ i^ ''^ following rates per centum, according to the neTotllbir. '" '?' "^ ^'^^ "™°""* °f ^"'^h note, bilf o othe? pa ' u-l'f" °^ '""*^ bd^, note or other negotiable security of paper, tha. .s u.^say, under thirty days, one-eighth of one per cent, ^ Vjct. JOINT STOCK COMP. AMENDMENT. Cap. 90, 1858, cent., thirty days and over but under sixty days, one-fourth of one per cent., sixty days and over but under ninety days three-eighths of one per cent., ninety days and over, one-half ot one per cent. t^TrZ'.^J' ^ Xi ^''^ Pe'.cent. per annum shall continue to no other i8 agreed OB the rate ol interest in all cases where by the upon. agreement of the parties or by law, interest is payable, and no rate has been fixed by the parties or by the Act not to apply ^I. Nothing in this Act shall be construed to tocorporations, apply to any Corporation, or Company, or Asso- .u • J ,- ciation of persons, not being a Bank, heretofore authorised by law to lend or borrow money JOINT STOCK COMP. AMEmiENT. CAP. XC. ^ ^^^Jr^rJ^"^^^^ '^^ ^CT TO PROVIDE FOR THE FORMATION SpnSSnl^T^R? COMPANIES FOR MANUFACTURimrMINING MECHANICAL OR CHEMICAL PURPOSES. ^"«i«w, Preamble. [Assented to Uth August^ 1858.] WHEREAS it is expedient to extend the en V . , , P^'ovisions of the Act passed in the Session oj Parliament held in the thirteenth and fourteenth years of Her Majesty's Reign, inlituled, ^n Act to provide for the for- 13 & 14 V., c. 28. mation of Incorporated Joint Stock Companies for Manufacturing, Mining, Mechanical or Chemical purposes, and of the Act passed in the sixteenth year of Her Majesty's 16 v, c. 172. Reign, intituled, An Act to amend the Act for the formation of Incorporated Joint Stock Companies for Manu- Jacturing and other purposes, with certain amendments, to the lormation of Companies for the carrying on of Fisheries upon an extensive scale : Therefore, Her Majesty, by and with the advice and consent of the Legislative Council and Assembly ot Canada, enacts as follows : t^d^^toteltar '• .The said two Acts, and all and every the iKiing com. provisions thereof, save only in so far as is other- WISfi liprphu nrmrwlprl cKoll -,, — I— 1 I re . tor all Conpames which shall be formed as thereby provided 646 fo, 88 Vict. REci,n,ATio» OF MBi»i„M8. Cap. 91, 1868. Srrdd,a«.™« ^ "'•""" "<""' of -' '-' '*- f«r; II. Notwithstanding any thing in the saiH Apta contained, the Stockh^oldelrs of ?ny such p^she^ ^r^t^fZ.^^ amount ol their respective shares of stock therein ^^^'"^"-"cept or not, shall not be liable for any debts or con ^"'^ °"'' tracts made by such Company, beyond the amnnnf nf ,u • respective shares of stock therein unleTit h! I °^'^^" infraction of the rules laid fo ^^Ctep/ovtoUthrr^'^ section of the first above recited of th.? °? ? ^ eleventh any debt falling whhin the class of d.h? 'T ^T^ "^ ^°^' seventeenth section of thrsame Act nr . T-^^'^t^y the trustees of such Company! ' ^' ""''"^ °^°^" °r III. Every such Stockholder shall, however be « .,• .. and reman liablp fnr nil A^\.i^ 5 ""WKver, oe suthabiBfop o., u r-y "duie lor ail debts and contracts of awountsub- shats oTsrif .1° '^' '■"" ^"^"""^ "^" ^>« ^^hare o u^'^SK bee^Lllv nTiH ''?' ""J'' '^^ ^^"^^ ^'^^11 have Z^''-°' neen tally paid in, notwithstanding any transfer wi.inh i, make thereof to any other parly. ^ '^'"''^ "^^ ""^^ ■=*!!'■. :r>^ REGISTEATION OF DEBENTURES. CAP. XCI. [Assented to I6th August, 1858] HEREAS it would tend greatly to the increaSPn vulna ^r T\„i ^. ■' . Preamble. W-_ .^^ ,. wwuui iKiiu greatly to the increased value of Debentures issued —'"• Toil B:d,^f p^ii^/Kr- ;/ -^-f' ^ -" <"'- o„. also ,„ ,ho be,!;; 'icuri y' Tf ZZd::7Z'''""'\'""' system of Regi„ra,i„„ i„„|d be admted ' . f " ■' '^' ", Le,^.ve C„™eii a„d A..e.b,3.";'rcradre:L'<^' t 647 I. Oerttfled copies of all By-laws hereto- fore passed by Mu- nicipal and Cor- porate Bodies, undsr which De- bentures bare been issued, to bo transmitted to the proper Kcgistrar within three months after the 22 Vict. KEOKSTRATIOV OF DEBEKTORBS. Cap. 91 1868. I It shall be the duty of the Clerk or Secretarv- Treasurer or person acting as such, of evefy Municipal or Provisional Municipal Corporation, and of the Clerk or Secretary, or person aclTng as such, of any other Corporate Body, within the period oi three months after the passing of this ^u.u. «„,r ..e Act, to transmit to the Registrar of the Countv or CtSfrtllUr'' Registration Division in which such Municfpal wn.asinsche. Corpor^iou Or Other Corporate Body Or its prin- cipal office IS situated, a copy duly certified as hereinafter provided, of each and every Bv-iaw oY such MunT cipal or Provisional Municipal Corporation, or olr CorXte Body heretofore passed under or by authority of which res! pectively any sum or sums of money may have been raised by the issue of Debentures, together with a Return in the form specified in the Schedule hereunto annexed, marked T shewing the title or objects of each such By-law, the numbe; of Debentures issued and the amounts thereof respectively the amounts raised under the said By-laws respectively the amounts already heretofore paid or redeemed by^he said Cor^ poration on the account of the same, the^ balance stHI remaining outstanding and payable thereunder respectively the dates at which the same respectively fall due,^nd the amount of yearly rate to pay off the same, and the assessed value of the rea and personal estate of the MunicipalityTor Company) and to cause the said Return to be published fhree imes in both languages in the Canada Gazette, and a so hree times in some newspaper published in such County, or if there be no newspaper, then in some newspaoer in he County nearest thereto in which there is a newspaper II. From and after the passing of this Act it shall be the duty of the Clerk or Sec.tary- 1 reasurer or person acting as such of every or nVT A? ' f ^°^^«i°"al Municipal Corporation, or of the Clerk or Secretary, or person acting as such of any other Corporate Body, within ?wo weeks after the final passing of any By-law hereafter to be made and passed by such Corporation for the purpose of raising money by the issue of Debentures, and before the salp t'o'r "ued 'thet °'/"^ ^"^' ^^'^"^"'- ^--^ - ^"'-ded to be issued thereunder, to transmit to the Registrar of the County or Registration Division in which such Municipal Cor S a"n" ^•'^f ,C°^P°rate Body, or its principal oS? s^.u ated, a copy duly certified, as hereinafter provided, of eiSi l";J^;^^^_^t^.'^.^r^.-f^'Jo be made and passed 'as aforJ^ «r^.K n ''^""^^IP'ii "r Provisional Municipal Corporation or other Corporate Body, together with a Return in the S specified Certified copies of all By-laws under which Debentures are intended to be issued to be trans- mitted to the pro- per Registrar within two wcelss after the final passing of such By-laws, together with a Return, as i.ln Schedule B. 22 Vict. REGISTRATION OF DEBENTURES. Cap. 91, 1858. specified in the Schedule B. hereunto annexed, shewine the itle or objects of each such By-law, the amounts to be rfised hereunder, the number of Debentures to be issued thereunder the amounts thereof respectively, the dates of which the same respectively fa 1 due, the assessed value of the real and n^r! sonal estate belonging lo such Corporation or Company J^he a sessed value of .he real and personal estate of the MumciDa! ity, and the amount of yearly rate in the pound toTquldSfe }he same, and to cause said Return to be published three times in both languages in the Canada Gazette, and also three mes m some newspaper published in such County, or if there be no newspaper, then n some newspaper in the County neares° thereto in which there is a newspaper. nearest ,. "'• J.^? Kegislrar of the County or Registra- tion Division in which such Municioal Coroora- «»K!»'™r to aie tion or other Corporate Body or its principal office 'AZX:;^' IS stuated shall receive and file in his office the ^ZTrl^!,^^.^ several By-laws required to be transmitted to »" "«•="<>■"• i- 2- him as hereinbefore provided, and shall cause to be entered in a Book provided for that purpose, true and correct copies of ie:.ionnrth!rrcf '^'"^ "^"^^^^ '^ ^'- «-^ -^ '--^ Book of Registration, wherein he shall, at the ^o^^orZ^ request of the original holder or holders, or any re^tSn^be subsequent transferee or transferees (hereof resoec r'^/'«* •»!■ tively, from time to time, cause to be entered and registered the name of such original holder or holders, or of such sub^J^ quen transferee or transferees, and such holderorlast re^il '; transferee in such Book of Registration shal hV T ^ primd facie the legal owner and possessor thereof. " ^''"^'^ y. All By-laws mentioned in the first section Mode m which of this Act simll be certified and authenticated cttd ^"" "^ in the case of a Municipal or Provisional Munipin=>i r tion by the Seal of the Corporation, and bv the HeiH^r^ the Clerk or Sccretary-TreLurer thereof LnecS ^k^^^ such at the time of the date of such certlatS a.^L t.on ; and all By-laws mentioned in the second sm.ofofThi; Act shall be certified and authenticated by the Sea of th^^ Corporation, and by the signature of the He^d thereof L of he person presiding at the Meeting at which the S.alBv law shall have been made and passed, and also by ha of ufe" o^i t-J-p;4"'7d°^ ^"^ all'Bv!/ar/;'"f o.her ^o.pca.c^budies shall be attested and authenticated by 2q the I'll ' ' \. mi H 3-'' ; ill .'lllli P il By-)i»wg, returns and Books of entry In Regisfry Offlco, to be open to iugpection. 1 2 3 5 3 6 9 23 Viot. REGISTRATION OF DKBENTUHES. Cap. 91 1868. HeadThelr*" ^"'^"'^'^ ^"'^^ '"^ ^^ '^^' signature of the VI. The certified copies of all By-laws herein- before referred to and transmitted as aforesaid, and also the Returns in the first and second sec- tions mentioned, and the Book or Books of entry of such Returns and of Registration, shall be open to public mspection and exammation, and access had thereto at all seasonable times and hours upon payment of certain fees as hereinafter provided. For registration of each certified copy of Bv-laws the sum of- •'. . ' ^q 10 For registration ofany Returns as prescri bed inSched- "lesA. and B., for each such Return, the sum of 5 For registration " the name of holder or transferee of any numuer of Debentures not exceeding five, the sum of ° Over five and not exceeding fifteen, the sum of- - Over fifteen and not exceeding thirty, the sum of - Upwards of thirty, the sum of- For makinjr search, inspecting each copy of By-law' and examining entries connected therewith- - 5 VIII In all such cases as require the submis- sion of any By-law or By-laws to the Governor- General of this Province for his sanction, such sanction must first be obtained to bring the same wilhin the meaning of the words " final passing thereof " in the second section of this Act. r & wi Act not to extend ^^- '^^is Act shall not cxteud to the Bv-law«« ^«nl1'o7Ce"- ""' Debentures thereunder, of any Railway Com! ailc'"^""' f^"^. °'" ^"^ Ecclesiastical Corporation hereto- «u r» u """^ incorporated or hereafter to be incoroorated or the Debentures issued by any Religious DenomSioifi^: Its Corporate capacity, either in Upper Sr Lower Canada d^«7;;Seme^ ^J-' ^"V P^rsou neglecting to perform, within iiT virtuP nf .h /7'' P'"°f ^"y '^"'y devolving upon him in virtue of the first or second sections of this Act shall be gu.lty of a misdemeanor, and on conviction hereof shall be punishable by imprisonment for a period of not less than three nor more than twelve months. Short Title of thu XI. This Act shall be cited as "The Deben lures Registration Act." if^endedb^ 22 Vict., cap. 23, 1859. SeepageseSB ^ 666 in this ^^^ SCHEDULE Meaning of term "finni passing." as to Bv-lawR to be submitted to the Governor. J.'T.J ii « « hb. i |l i w^i b i !ap. 91, 1868. a:nature of the -laws herein- as aforesaid, d second sec- ooks of entry 36 n to pubJic lereto at all ?rtain fees as ^ paid to Re- ^s, -JCO 10 d- 3f 6 e. 22 Vict. REOISTRATION Or DBBENTUHE8. Cap. 91, 1858. ^g 1 2 3 5 3 6 9 V, -050 the snbmis- le Governor- iclion, such ng the same thereof" in he By-laws, ilway Com- lion hereto- icorporated, minalion in 'anada. orm, within g upon him 2t, shall be ?of shall be 5 than three Fhe Deben- ' 666 tw this !HEDULE oo Q CO i 'ij| 1 Ijl Vh f 1 o >, s|l| a ■fif 1 -D i w m ..'I ill' SCHEDULE 22 Vict. KEOisTHATioN OF DEBBNTVREB. Cap. 91, 1858 Si S5 El] Q o CO OS u p H M n A So H 5 o » oaa Big O—i OOh §^ f-cOO tea ss -<^ I a flt3 ■58 5w Mao o S OS s a. esg^;, I -3 2 o a « •a Eh a 00 a «<-i u_ O Si, « JS 4> «a ■" ja t? 2 C9 V o it «K "3 ■" A W), to « o o = 3 s -p .2 ^ " g-" fe a m * .a S M es -S '-' <2 w OS ja w s a o s A4 C3 t «9 1=1 CO Q -a a a 3 fi a tw < ti 0) ^ a a> a h S? 2 a 3 o a a a !z; 0) IN a> a -a a .* Ic o ? o « i«^ ^a PARTNERSHIP 91, 1858 22 Vict. PABTNBRSHIP PROPJCRTY, C. E. Cap. 4, 1869. PARTNEESHIP PROPERTY, C. E. CO r3 in IE ea 0) 01 Q asHip CAP. IV. W! [Assented to 26th March, 1859.] 'HEREAS it is expedient to make uniform T? provision for the manner in which in ^"'""'^•• l'Zl'.^'"'^iV^t J°^"* P''°P^'''y °^ ^ fi™'^"d the separate estate of each of the partners should be distributed among the creditors of such firm and the separate creditors of each part- ner. Therefore Her Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada enacts as follows : "^ '^awaua, I. The rule of law to be followed in the distri- buiion of the joint stock or property of a firm C'^'^'to"' of the and of the separate estate of each of the part- orp!:;^^"* or"'heSer",n''h"''f", "' "-^'''"^'^ ^^°'^S'^^ tT'ArT'^i or nereaiter to be taken in execution or «»«'> p^tner awt °l Tl'^^ brought into court for distribution, -tatf *''"«•*• shall be the following, that is to say : That tiie net proceeds of the partnership estate be appropriated in the first instance to pay the creditors of the firm, and that the net proceeds of the separate estate of each partner be approprl aled in the first instance to pay his separate creditors, and that If there be any balance of the separate estate of any partner after payment of his debts, such balance be added '^^o ,he proceeds of the partnership estate, if necessary, for the pay- ment of the creditors of the firm; and that if there be any thP fi?m *h^ PJ'';"^'"«hip estate after payment of the debts of the farm, such balance be appropriated among the seoarate estates of the respective partners according to their riahls and interest therein; and that the sum so Appropriated to 'Se separate estate of any partner be applied to the payment of his separate debts, if necessary. ' ^^'""""^ °* "^^ II. This Act shall apply only to Lower Canada, and shall not affect any judgment of distribution ^"""""^-^'^^-c- rendered before its passing. 653 ' ° CONSOLIDATED ■: *! 'liJi ; 1'10 I 1 i 'i 28 Vict. CON. MUNICIPAL LOAN FUND ACT. Cap. 16, 1860. CON. MUNICIPAL LOAN FUND ACT C. E. & W. CAP. XV. AN ACT FURTHER TO AMEND THE CONSOLIDATED MUNICIPAL LOAN FUND ACT. Preamble. [Assented to ith May, 1859.] WHEREAS by an Act passed during the present session of the Provincial Parlia- ment, jt has been declared that, certain sums shall be payable nlinal settlement of certain claims arisingoutoftheabolition of the feeignorial lennre in Lower Canada; And whereas it is ex- pedient that provision shoi.ld be made tocharge any such sums upon the unappropriated Consolidated Municipal Loan Fund ol Lower Canada and for this purpose to restrain the issue of Debeniures by the Municipalities in Lower Canada, und.r the authority of the said Act ; And whereas it is also expedient T Jn r if '^''' '"^"^"^ ^" ^^^ Consolidated Municipal Loan Fund, that ,s to say, the Act passed in the sixteenth year i^'I iT^', ^r- ?"' chapter twenty-two, intituled, An act to 10 v. , eh. 22. estabhsh a Consolidated Municipal Loan Fund for Upper Canada as extended and amended by subsequent Acts, so as to afford relief to the Municipalities vvhich have raised money by Debentures issued under the said Acts, and at the same time to secure the ultimate redemption of such deben- tures by the Municipalities respectively liable : Therefore, Her Majesty, by and with the advice and 'consent of the Legisla- Hve Council and Assembly of Canada, enacts as follows : Except as herein f l'',r <. i • r mentioned no fur- ^- ^^xcept as liercinaiter provided no loan rSr/e^rrLia '^^^^; 'if'^r the passing of this Act, b^ raised by Xlt'^' *""■ ^">' ^""'cipaiily under the said Acts, nor shall Fund, 4c. any Debentures be thereafter issued under them m any Municipality ; But whenever the principal of any Debentures issued upon the credit of the Consolidated Muni- Z iLT ^""^ either of Upper or Lower Canada becomes due the Receiver-General, if he has then in his hands no suffi- cient funds appropriated to pay the same, may, with the con- uo4 . isent able a. saob lime as l,e deem, extLll, k"* *"[''' '*'''^«"'- se<.lio„ 8ball prevent .he Xt o?^ v ' ^"' "°"""8 '" ""« the redemplio!, of any suebDebenoUh ?;''"■ ""'-'"»i"g vincial „oek or Debenture, Provide,! ?^ """' "'' P"- .l.at nothing in .hi, Aot^bairbJ cotttrtTd'S ^^^'^ S;'d' he'rctt^otTbl"r """"'■'--. ^blob have passing of rhirXe :"b,^' der^^Xr VJ ?"""" "u^''"" '^= been issued lo the parties e tillLnn ^i Ueben.ures have „„, provided furtber, .fa, i, shall'bo iTj ^"^V.t """' ■-^"'' .t orduio^rr;!'" ""',""™= "■» --e, „„,„ rr--"- "le conditions ot the said Acts nf n^k . «^ot',ooo may be on the credit of fl,« r^ i- 1 '■ ^.^^"^"'"^'^s »'«"o,ved. ^ " Lower fa^af t^'^n^Z ^ ,.^3" L.^r ?rV '"' hundred thousand dollar^ in addi.in!. . ?« ""^ ^'^°'« ^""^ before the passing of thi"^ Ac", o ' L'r j\ ''^/r""j '^'^T^ By-laws sanctioned as aforesaid belbre thaMime ' ""^"^ .1,"'^'^.^"'^ ^^"^' *" *h« amount of five cpni<. In « the dollar on the a'?«ies<»Prl ,^^" "' "7 ^^^'"S in Sum or rate to be i;i ""^ rtssessea yeariv value nr a »""• y«ar y to the like per centage on the infpr/«f ot"'^ • ' ^ ReciWuenerai ner annum «„ ,u ^"'erest at six per cent, ^y the iwunici- assessabrprooer v' inT'"^./^'"^' ^' ^^^ ^^^ ^^^^^.^ 'ioned in the pdZleZuZ'^Tu ""l"" ^'^^ ^^'^ '"«"- the Receiver-General on or If P^'^^y such municipality to in the present year one h„u.r!T •''I' ^'^^^^ ^^ December, and ev^ry year^hefeX ' S.^'^nf un H f 'f '".' ^'^■"'"^' principal and interest nav«hK k J'"" ^^'^^ ^"^«""' i" Receiier-Genera under'^^h^.i d Lf"?'' Municipality to the shall have been paid and 'aUsfie;^? ^^ '"T" "^ '""'^ ''''»"> sufficient to satisfy the samo n ' "" '"?^^^^'' '"'^ ^^all be smaller sum only^shall be so paid? ^'''"'' ^" '"'^'^^ ^^=^^ '^'^ unde'; This'' Self '^'^'' '''"* ^'^"'^"'^ <° be raised ^-.o: .ch.. uMuer mis Section m any Munirimlli^r cu n ?°'to be less than never be less than the sur^ ^fh t^^ Xid t" r --- »« prS in ^^M^^'^^'-of theas:s'l'bi; --r— RoXf^^^ h"era'rS'?:)'^' -^'^^'^'^e Assessment produced ;-b'ut f n an; yt Ta^^'^f'^^^''^' ^^""'^ ""« sed value of the as.e.. w/ assessed value of the asses- be less than It v n , f P^J^^Vth'"''' "'""'^''P^^^^^ ^^^'^ this Section to the Receiver Pphp I ^' .? ' '" ^^ ^^'^ under to make the sum so7a7abTe eaS? '^ '" ^"'''''''^ '" 655 ^ ^"^ '''^"'' '^ '^«"^d have been at - S2 Vict. CON. MUNICIPAL LOAN FUND ACT. Cap. 16, 1869. atlhe rate hereinbefore mentioned on the assessed value of the vear 1858, — but the said rate shall always be payable on any increased assessed value over that of the year 1858. Such Hum to Ijn a flrrt chnrgo on tlio Kunda of ihe Municipality. 3. The said sum shall be the first chprge upon all the funds of the Municipality, for whatever purpose or under whatever By-law they may have been raised, and no Treasurer, or other officer cf the Mu- nicipality shall, after the first day of December in this present year one thousand eight hundred and fifty-nine, pay any sum whatever out of the funds of the Municipality in his hands, until the sum tht.i payable by the Municipality to the Receiver- P«.uyo„«nv ^f'\^'L'^ ""^ -"^ tfiis Act, has been paid lo him: Municipal offlc«r And il any such Treasurer or municipal officer to"a'"crio!i"* pays any sum out of the funds oi his munici- pality, contrary !o the provision hereinbefore made, he shall be deemed gully of a misdemeanor, and shall moreover be liable for eve«-y sum so paid, as for money received by him for the Crown : To bo inBtuad of pajuent!) re atuentsre- '^' '^''^ ^^^ aforcsaid shall be instead of the qSiMd" b/^'other paymcHts which the Municipality would other- wise be bound to make to the Receiver-General under the said Acls : But if not paid as hereinbefore required, the Municipality shall be held to be in default, and shall be liable to be dealt with in the manner provided by the said Acts, with regard to Municipalities in default. Municipality may 5. Nothing in ihis Act shall prcvcnt anv Muni- fjayalaigerHum ■ i-, i- • • t . , '^ "■••j -"""i n any year. cipality Irom raismg a higher rate than herein mentioned for the purpose of paying the sums payable by such Municipality to the Receiver-G'^'ieral, or from paying a larger sum to him in any year than that hereby required ; Interest charged to be 6. The Receiver-General shall charge interest in his Accounts with Municipalities under the said Acts, at the rale of six per centum per annum, on all moneys paid by him for any Municipality whether as princi- pal or interest, until the same are repaid. In-.te.S'.nhi'tr^ "'• ^"steadofthe special rate mentioned in quired by sect 6 the sixUi scction of the Act first cited in the pre- amble, there shall in the present year one thou- sand eight hundred and fifty-nine, be levied upon all the assessable properly in every Municipality which has raised money by Debentures issned under the Acts aforesaid, a rate 656 of I. 16, 1859. alue of the ble on a 11^ i?rge upon whatever they may -f the Mu- lls present J any sum 18 hands, Receiver- d to him : >al officer J munici- , he shall rcover be id by him ad of the iJd oiher- r-Goneral requin^d, I shall be the said ny Muni- n herein he sums 1, or from it hereby e interest jnder the D, on all as princi- ioned in the pre- iie thou- I all the IS raised d, a rate of 82 Vict. CON. MUNICIPAL LOAN rnwD ACT. Cap. 15, J«59. of five cents in the dollar upon the asse^f^d yearly value a..d al.keporccniagcon the interest at the rate of sfxpt 4^^^^ per annim of ne a.^sessed value of such property and a iIkI' rate 3n each year thereafter unl.l the total sumTparablea, prmcmu. or interest to the Receiver-General by^Je^asm, of such bebentures, «haii be paid off, or untU a reduced rat/ J^n^be substituted by order in Coinoil as h.^^eh'afrr'me;! J: K ".'''l 'f/t^*'^'' be levied by virtue of this "o^ to be .,„«,. «n,V II ; b^^"'^'T'^ "" the Collector's Rolls The ^rip .''' """^ ^'"'^ '"/.^^ Treasurer of the Municipality in the same manner as ordinary rates imposed by raunicioa" By-Iavvs, and whether any other rate is or is not imposed inThe Municipaiity in the same year. '"'posea in the 3 The proceeds of such rate shall be applied Application o. by ihe ri-casurer exclusively towards the pay- """"• ment of the sum payable by the Municipality to the Receiver Genera in each year if such sum be not then already pa7< but i( I be then already paid or there be any surplus of ihe'^.a J rate after pnymg ,. ,he rate or surplus ma/be applied to 'he o her pmpo.es o.he Municipalityjn like^manne'^^'^as the pro- ceeds oi other rates. ' 4. Any Treasurer, Collector or other municipal ^-"""ty o„ Mum. officer or functionary or any member of the Mu- Xytg^^wi^ nicipal Council, wilfully iieglecling or refusing '''"^''• o perform or concur in perrorming any official act requisite for the oullecnon of ,he said rate, or misajplyi.ig or be ng a party loihemisapphcat.on of any portion of the proceeds^, here ,f shall hegu.l.yof a misdemeanor, a.Kl such Treasurer (ol' ector, or other Municipal Officer, member or fnncl^m; and Ins surenes shall moreover be personally liable for anvsnm which, by reason of such neglect, misconduct, refualo^ mi? appl.ca.,on, shall not be paid to t'he Receiver-S:ral aV J ..me required by ,h s Act, as for moneys recived by uch Mem- ber Treasurer, Collector or other municipal officer or iaZW^ ary for the Crown. "»"i-er or lunction- IV. Whenever it appears to the Governor in ooven,or in coun- Council, upon the Report of the Receiver-Gene- loUn^^IlTh^n • raJ, that a lower rate in the dollar than the raiP "'"Jtshaiiu, aloresaid in any Municipality will brthereaft fr sXTem", p.y the interest and contribution to the Sinking FuSdnavab^ by such Mun.ci^pdi.y in each year, under the VctsalSi! 2r *««h i'^l !':!1 W[\ 28 Vict. cow. MDwtoiPAL LOAw ruwD ACT. Cap. 1ft, lBd9. iuch lower rale may be substituted by order in Council for the rale aforesaid, for all the purposes of this Act. HvlguoriklAmend' ment Act of 1889, cited. V. Whereas by the Act passed during the present session, inlituled, "The Seignorial amend- ment Act of 1859,'' it is provided,— thai a sum of money bear- ing the same proportion to that which under the provisions of the said Act wiM be payable yearly to the Seigniors in Lower Canada, as the population of the Townships of Lower Canada shall, by the Census of one thousand eight hundred and sixty- one, bo found to bear to that of the Seigniories, — shall be payable yearly, out of the Provincial Funds, to the credit of the Lower Canada Municipal Loan Fund, but for the bene- fit of the Townships only : — And whereas it is necessary to provide for the application of the said sum to the purposes contemplated by the said Act, therefore, — l^lrrntethSTc. 1- The said sum shall be divided among the b^TyMid" """ federal Townships in Lower Canada and the Town of Sherbrooke, in provision to their res- pective population as shewn by the said Census of one thousand eight hundred and sixty-one; and in the meantime Adranoe. may be advauces may be made yearly to each of them, according to such approximate estimate as the Governor in Council, according to the best information obtain- able, may sanction, subject to adjustment in account so soon as such proportion shall be established. Xmpe?con^ . 2- It shall be lawful for the Governor in Coun- cil to direct the Receiver-General to pay the Capital of the yearly sum coming to any such Townships or to the said Town, at the rate of seventy-five per cent, of such Capital, in discharge of the whole. m.y%P^o» 3- It shall be lawful for the County Council of By°uw"°" ^^ ^"y County in Lower Canada including within its limits any Township or Townships, and for the Town Council of the said Town of Sherbrooke, to pass By-laws with the approval of the Governor in Council for appropriating the said yearly sum or capital or any part of either, for any public improvement or improvements within ToTetn^'I.eSX^ !^^ Couuty or Town :— Provided that in Counties '»'»• including a Seigniory or Seigniories, the County Councillors representing Municipalities composed of Town- ships or parts of Townships, shall alone be entitled to vote on any By-law for such appropriation, and such Councillors or the majority of them shall, as regards such by-law, form a 658 Quorum . 15, lBd9. ncil for the Juring the ial amend- loncy bear- ovisions of J in Lower er Canada and sixty- — shall be B credit of the bene- necessary B purposes among the a and the their res- us of one meantime h of them, ate as the on obtain- so soon as r in Coun- pay the mships or t. of such Council of ng within 3, and for , to pass auncii for ly part of Its within Counties le County of Town- to vote on icillors or ', form a Quorum 22 Vict. CON. MUNICIPAL LOAN ,v«o ACT. Cap. 16, 1869. And n!^v"V^' f *"" u'"' ^^"•"^^' ^ «heir number • "-.. : .r .h. mSde^ bv tt Co- i ' * '"°^ «PPr°Pr>a«ion be not' ^r^,X'.t maae oy ine Council of any such Counlv wiiliin P'op^'-'ionwithiu twelve months from the oasoincr of .k- ^ ^ ""ruiatim.. Councils in such Count? with 1 '. '^''' ''" '?'^'"' L°°«' By-laws for approDHS Z\h . ''''' «PP'""^a'' «'ay pass yearly sum orTap*^ IT !n ? ' '"''' "'r' *''"'' '^^'"^ "^ «"«»' capital shall be made for h/'^""'"' "^'""^ ^^^^'^^ «"^ o-" onfy. "'^'^*' ^°' '^^ P^'-P^s^^ «^ such appropriation 4. Any Municipality having the powers ^ sTa °be\elT t^h^'^^f ■' ^^ "^ ^ LocarCo'Lil ^uX"^. this Act. '^^ ' ^°""^^ ^^""'^'^ ^^'hin the meaning of to \L ^pi°r? ^V"^ «""» °f n^oney is payable K«e«,ver' her husband and from'his contr" or dtp^ itiil ""anHZT 1 his consent, in as full and ample a manner as if Lh ^^°"^ rol;ri„"d— ' -^ •-.^-".eTsr.lx-— h«yi^" ^^^"^'^^ o"* husband, or any of the hu-i- How „naby oana s creditors may, at anv time nn nnfi',,^ « whomanoruor th. married woman,%ply rrXcS^ of ^t^^' the order of protection : and if an order for such d\TC ■ nmde, the .same may be filed like the or^nal o^der ^' '" u,h'^":i^''^^' ?''^,«'' may issue in duplicate, and when the married woman resides iii a Cify or rown where there is a Recorder or Police Ma^is. trate, the order for protection or any order dis chargmg the same shall be made by the Recorder or Police Magistrate, an i shall be^egistered in the Registry Office of i , County. Either order mgr ho in duplicate. By whom to be niado in certain cities and towofi. Itegistration. i n ,n;hT f " ihe married woman does not reside % whom „ado onf nTh ^"f ''^'■^^^' V^^ °''^^'- «hall be made by the Jud^e or one of the Judges, or the acting or Deputy Jud-o of the DivT sion Courts, or a Division Court of the cLnty in which the" married woman resides, and instead of bein. rP.iltele , ..^1 ue nieu for public inspection with the Clerirof'the Di'viion Court ■J! I i'li ! I' f Mmbmb 8« Vict. RIOHTfi OF MARRIED WOMEN. Cap. 84, 1859. Court of the division within whicli the married woman re- sides. pubit"or")rfTatl-. ^' ^^^*^ hearing of an application for an order of protection, or lor an order discharging the same, may bo public or private, at the discretion of the Judge, Recorder or Police Magistrate. S«ct^"ntirrogr«^' XI. Tlie order of protection shall have no *"'■''• effect until it is registered or filed, and the Regis- trar or Clerk shall immediately on receiving the order, endorse thereon the day of registering or filing Ihe same : and a certi- ficate of the filing and date, signed by the Registrar or Clerk for the time being, shall be prima facie evidence of such filing KTidencuofordor, ^ud date ; and a copy of the order which is regis- *"• tered or filed, certified under the hand of the Registrar or Clerk to be a true copy thereof, shall be sufiicieni primd facie evidence of the order, without proof of the signa- ture of the Registrar or Clerk, and without further proof of the order itself, or of the making or validity thereof. From what time the order dia- charicinz protec- tion shall take efleot. XII. The order for discharging an order of protection shall not in any case be retroactive, but shall take eflect from the time it is made, and shall protect the earnings of the married woman and her children until an order is made discharging such order of protection, and the married woman shall continue to hold and enjoy to her separate use whatever, during the interval be- tween the filing of the order of protection and the making of the order discharging the same, she may have acquired by the earnings of herself and her minor children. Katato to which a husband is enti- tled In the pro- perty (if his wife, not subject to his debts durioe her life. XIII. Any estate or interest lo which a hus- band may, by virtue of his marriage, be entitled in the real property of his wife, whether acquired before or after the passing of this Act, shall not during her life be subject to the debts of the husband, but this provision shall not affect the right which any person by or under any judgment or execution, hitherto obtained against the husband, has already obtained, in respect of any such estate or interest acquired by a husband before the passing of this Act. XIV. Every married woman having separate Separate property of wife to bo liable » >_i ■ fore^marria^^ ^' P^'^P^^^Y^ whcthcr real or personal, not settled by any ante-nuptial contract, shall be liable upon any seperate contract hereafter made or debt incurred by her, 672 before * Vict. RIGHTS or MARRiEo woMRN. Cap. 34, 1869. before marriage, to the extent u.ul value olsuch separate pro- perty, m the same manner as if she were sole and Snmarrfo^ XV. Every husband who heroafier takes any u.bii.tyofh,.. interest in the separate real or porso.iaJ property ur^S' of h.s vv.fe, under any contract or seiiiom.nt on irmrrio Je ThaJl be .able on the contracts made or deb.s incurrerbnfr befo 1 marnage, to the extent or value of «uch interest oi^.irand n^ rin^y** ^l^""^ married woman may make any ^f^nm wo«.n or oer'sond nT'?' ""^ ^er separate properly, real St^ ^ •* or personal, or ot any righls therein, whether such r^'P'^P'"'- property bo acquired before or afiet ma.r nL t?. child or children issue of any na ia^" ,f I ,",": ,^,"^°"S ^'^ any i.sue, then to her husband, or fs' she m y L fir'- '.'.l^ Pro'vldTd^rt" ''.^'^ "^^^ ^^'^'^"^ untrrdVlt'. '" ''' Provided that such devise or bequest be execu ed in th^ nr« fn^JnW '^^^ separate personal property of a ^^P-^-t, p„«,„ai married woman dy n^ ntesiafe shil h« a; , • 5'?^*"' °' *«■• pute I in the same proportions between her hi,«. ^-'ob.aiSi. aeatn ol the wife so dy ng nle«jiaff> thor. «,.^i » «ii me pass „, be distributed I ^ S^:^Z^'i^^;2 '"" e<,u™b}"„ra-gar„;ra" ISS."' 1^,°' '" «»?.-*- ennli-nr.f rr,o,l„ " ""» ulu WOtnail Uponfiny Uol.td contract«a contract made or debt incurred by or befoi '"'f""»>«'C r'pri;et\^7!'f\\^3:sr;,tr/;;,r"^ "--'''«"=" »■•'••■■" married woman hn«. «Pnnrn.« . ^ yia^t, anri ai.so that such shall be to recover of her spnnr-HA od ,"","' Judgment or do- unlp >>«TaHd ment of Upper Canada, passed in the Lt yea fT^" "- tl / ?.^\°^ ^'^ ^''' ^^i'^'y King wiiC tPi^^^r^ of he said Parliament of Upper Canada, passed in the second year of Her Majesty's reiffn chanter «!v Ko shal be held and is hereby declared to be va id and e£al for all the purposes contemplated by said Acts, althourh the said Justices were not at the time residents of the Sc. or County in which such married woman resided ; and eve v Deed heretofore executed in the presence of such Justices 3 every such certificate so signed shall have the same f^e validity and effect as if the said Deed had been executedTn the presence of, and such certificate had been Ined Sylw" Justices of the Peace of the District or County in which sS married woman at the time of the execution thereof resided n. When the certificate on the back of any ^^'"fi^f to b. Deed executed by any married woman, pursuant «lli^»ft to the said first-mentjoned Act, shall have been S^"'""* '"" *'"' heretofore given on any day subsequent to the exeenilon ^r the said deed, such certificate shall V deemed and be take„ to have given on the day on which the said deed was execu ted ; and such Deed shall be as good and valid in T«.l!"f such certificate had been in fact .ifned on the L oHh^ ^'J cution of the Deed to which it relates, as required^ b; the safd" III. In case any married woman seized of or Den «««„t^ by entitled to real estate ,n Upper Canada, being jXl^^itr'Tr of the age of twenty-one years, has heretofore »>"& to b^'^'I executed, jointly with her husband, a Deed for S^ithST the conveyance of the same, knowing her estate ^uVoU.'""- herein and intending to convey the same, such Deed shall be taken and considered as a valid conveyance of the land ^Zul'^'TT^' vf *^' execution thereof shall be deemed and taken to be valid and effectual to pass the estate of such married woman in tho said land, although a certificate of her consent to be barred of her right of Dower of and in such land instead of a certifies te of her consent to convey her estate in the same has been endorsed thereon 676 j^^ :|l 22 Vict. MARRIED WOMEN — PROPERTY SECURED. Cap. 35, 1859. ABdnotwithrtftnd- jy. Whenever the requirements of the Acts of log tM (VTtifioate _,. />ii n • />tt /-i i ba not in strict Parliament of the late Province of Upper Canada, fonMTn'thoMid or of the Parliament of the Province of Canada, ^•''* respecting the conveyance of real estate in Upper Canada by married women, while respectively in force, have been complied with on the execution by any married woman of a deed of conveyance of real estate in Upper Canada then belonging to such married woman, such execution shall be deemed and taken to be valid and effectual to pass the estate of such married woman in the land intended to be conveyed, although the certificate endorsed on such Deed be not in strict conformity with the forms prescribed by the said Acts, or any or either of them. Act not to preju- dice titles Biibse V. Provided nevertheless this Act shall not auentiy'acquired, render Valid any conveyance to the prejudice of "' any title subsequently acquired from the married woman by deed duly executed and certified as by law required, nor any conveyance from the married women which was not executed in good faith, nor any conveyance ot land of which the married woman or those claiming under her is or are in the actual possession or enjoyment notwithstanding such conveyance. Reqtiirpmev.tsivir- yj q^\^Q requirements heretofore necessary to merly necessary . > . , - ' i i i to fontiniiB to bo give valuiity at law to the conveyance by a anc^ iubseqJeat married woman of any of her real estate shall to this Act. continue to be necessary for that purpose with reppect to deeds of conveyance executed after the passing of this Act, notwithstanding any thing contained in this Act or in any Act which has been or may be passed during the pres- Proviso. ent session of Parliament; But this section shall not affect any other remedy at law or in cquiiy which a pur- chaser or other person may have upon any coniracl or deed of a married woman which may be hereafter executed in respect of her real estate. ACT TO RELIEVE REGISTIUI^S OF COUNTIES FROM DISABILITIES. CAP. XXXVI. AN ACT TO RELIEVE REGISTRARS OF COUNTIES IN UPPER CANADA FROM CERTAIN DISABILITIES. [Assented to ith May, 1859,] Preamble. CtR "J s V WHEREAS it is expedient to relieve Regis- trars of Counties in Upper Canada from the 22 Vict. FERRIES, C. W. Cap. 41, 1S59. the disability to practise as Attorneys or Solicitors, imposed upon them by the Act hereinafter cited : Therefore, Her Majesty, by and with the advice and consent of the Legisla- tive Council and Assembly of Canada, enacts as follows! 1. So much of the fifth section of the Act P"' °^ 22 vict. twenty-second Victoria, chapter ninety-four, to Kegtel?oT« extend to provisions of the Act to amend the law lorn^ytUZ^'u for Admission of Attorneys, as provides that no person shall practise as an Attorney or Solicitor of any Court of Law or Equny m Upper Canada, who shall, either in his own person ZZn P^'i^^^.^JeP^ty or agent, or in the name of any other person, or otherwise, directly or indirectly hold, possess, prac- tise carrj on or conduct the office of Registrar of any County or Union of Counties in Upper Canada, and that every such nffl'°"r/l^T'"^'A^'^^^'"^J^^' •« the forfeiture of such ottice ahd shall, in addition thereto, be subject to a penalty of pealed" ^°""'''' '''^" ^'' ^""^ '^^ ''^' '' he^eby^e- FERRIES, C. W. CAP. XLL AN ACT TO AMEND THE ACT TWENTIETH VICTORIA, CHAPTER SEVEN REGULATING FERRIES IN UPPER CANADA [Assented to 4lh May, 1859.] HER Majesty, by and with the advice and iTcambie. consent of the Legislative Council and Assembly of i^anada, enacts as follows : L The fifth section of the Act passed in the sort, f- of 20 v., twentieth year of Her Majesty's Reijr„, and inti- tJi>^::^ *" tuled. An Act to amend the laws regulating Ferries, so as to encourage the employment of Steamboats as Fernjbouts in Upper Canada, shall be so construed as to extend and apply to all such Ferries on the Provincial Frontier, the circumsiances ot which do not permit or warrant the peremptory use of Steamboats. ttic 677 REGISTERING 22 Vict. REGISTERING PLANS OF VILLAGES. Cap. 42, 1859. REGISTERING PLANS OF VILLAGES. CAP. XLII. AN ACT TO AMEND THE ACT TWELFTH VICTORIA, CHAPTER THIRTY- FIVE, IN SO FAR AS RELATES TO THE DEPOSITINQ OF PLANS OF VILLAGES IN THE REGISTRY OFFICES OF UPPER CANADA. [Assented to 4th May^ 1859.] Preamble. TTTHEREAS there are many unincorporated VV Villages in Upper Canada of which no plan or map has been deposited pursuant to law in the Regis- try Office ol" the County within which the fame are .respec- tively situate, in consequence of the several original owners of the lands comprising the said Villages either not having jointly laid out and surveyed the same, or because some of the original owners left no legal representatives ; And whereas it is necessary that the law regulating the depositing of Plans of such Villages in the Registry Office of the County within which the same are respectively situated, be amended: There- fore, Her lyiajesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as fol- lows : Whevu no plan of an unincorporated village has been registered. Town- ship Council to cause one to be made. I. In each and every case in Upper Canada where an unincorporated Village comprises dif- ferent parcels of land owned at the original division tliereof by two or more persons, anu the same was not jointly surveyed and laid out into a village plot, and where in such case no entire plan or map of ihe said Village has been deposited with the Registrar of the County within which the same is situate, it shall be lawful for the Municipality of the Township within which the said Village is situate, and ihey are hereby required, immediately upon the passing of this Act to cause a plan of such A'illage to be made on the scale now required by law, and deposited in the Regi:itry Office of the County within which the said Village Cost how ppid. is situate ; and The expense attending the get- ting up of the map and depositing it as aforesaid shall be paid out of the general funds of the Municipality, or by a local tax upon the rate-payers of the Village. PubUcAct. II. This Act shall be a Public Act. 673 JOINT 22 Vict. AORTOTLTURK, c. w. Cap. 44, 1869. JOINT STOCK COMPANY, &c. no Regis- CAP. XLIII. [Assented to 4th May, 1859.] WHEREAS doubts exist as to the nVhts which pass under sales of Roads and ^'"""^w-'- other vvorks constructed in Upper Canada, under the Joint dnnl Tf '"'r 4"'%""^ '' '' ^^P«J'^"t t« remove such co.tn olfr/r- ^r ^V^^''^^ ^y ^"^ ^i^h the advice and eTa'ra^foIwsT^^''" ''""^^' anU Assen^bly of Canada, 1. Whenever any Road, Bridge oi Pier or sai, c: ^orks to Wharf constructed by any Joint Stock Company, Z%X^%,lL ST , ""'^'' /^n l^'"^' °^ ^P^^' Canada ;ZTt*o°tire^'* shall have been or shall hereafter be sold either P^-^^Lser. by such Joint Stock Company, or under Jome power granted by them, or under legal prreess against such Compa'ny he sale or sales shall, in all cases, be%leemed to harpassed and tc, pass such Roads, Bridges and Piers, or Wharves to he purchaser or purchasers thereSf, with all th^ righ tsfprTvi le^es whlclfrr'"'''' ^"'^.^"bj-* '- -II the duties and Ob la ions Se Pi rl^m 7^7rl^'^'' reference to such^Road of thf To- r^? ^r'^' "^^'^'^ ^^^ '^"^^ continued the propert^ oi the Joint Stock Company which had constructed the same.^ AGEICULTUliJi, C. W. CAP. XLIV. AN ACT FOR THE PROMOTION OF inp.ICULTURE IN UPPER CANADA. [Issented to 4th May, 1859.] WHEREAS it is expedient to encourage the formation of Joint Stock Companies ''''""""'• ^^^ authorised 22 Vict. AGRICULTURE, C. W. Cap. 44, 1859. authorised to hold land and erect edifices to be used for the holding of periodical fairs or exhibitions for agricultural pur- poses : And whereas the delay and expense incident to obtain- ing any special Act of incorporation from the Legislature for each separate Company operates as a great discouragement to persons desirous of embarking capital for the formation of such Companies: And it is therefore expedient that a general law should be passed to enable Joint Stock Companies to pur- chase and hold land for the purposes aforesaid, and to construct suitable builnings thereon, and to empower Municipal Corpo- rations to subscribe a portion or the whole of the necessary capital for the purposes aforesaid : Therefore, Her Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows : compRuies maybe J Any number of Dcrsons, uot less than flve» formtd for pur- . "^tt ^ i r i i • . poses mentioned may, m Uop' 7 Canada, lorm themselves into a In the iTtiam e. (jfjpj^p^ny under the provisions of this Act, for the purposes aioresaid. OonditionBou 51 When any number of persons uol less than which any such , n l 1 t ^ re • . »•. f Company may be- five shall havc subscnbcd a suincient quantity ol comeincorpovated. ^^^^j. ^^ ..^^^^^ ^Q ^ ^^^ gqual in their judg- ment to the amount required for the purchase of the ground necessary for an edifice to be used for the purposes mentioned in the preamble of this Act, and the erection of such edifice thereon and of the additional ground required for the Agricul- tural fairs or exhibitions, and shall have executed an instru- ment according to the form in the schedule A. to this Act con- tained ; and shall have paid to the Treasurer of such intended Company twenty-five per cent, upon the capital stock intended by such "Company to be raised for the purposes aforesaid, and shall have registered such instrument at full length together with a receipt from the Treasurer of such Company for such first instalment of twenty-five per cent, with the Registrar of the County or City in which such edifice shall be or shall be intended to be built, such Company shall thence- forth become and be a body corporate by such name as shall be designated in the instrument so to be registered as afore- Name and corpo- sald ; and they and their successors by their ratepowers. corporate name shall be capable of taking, pur- chasinj;, having and holding any piece or parcel of land in Upper Canada for the purpose of erecting such edifice as afore- said, and also for holding such fairs or exhibitions as aforesaid ; such parcel of land not to contain more than one hundred acres. Directors. IH. The affairs, properly and concerna of every 680 such 44, 1859. id for the tural pur- to oblain- lature for ragement mation of a general 68 to pur- construct al Corpo- necessary ajesiy, by Council than Ave' re» into a I Act, for less than [uantity of leir judg- lie ground nentioned ch edifice ! Agricul- an Jnslru- ; Act con- intended : intended !said, and h together ' for such Registrar all be or II thence- e as shall I as afore- by their king, pur- sf land in I as afore- iforesaid ; ! hundred iS of every such fi2 Vict. AOHlC»LTt;f, ,, C. W. Cap. 44, 1869. .?uch Conipany, which shall or may be formed under the pro- visions oi this Act, shall be managed by not less than three nor more than nine Directors who shall be shareholders and subjects of Her Majesty, and a majority of whom shall form a quorum capable of doing business, which said Q„or„m. directors shall in the first instance be chosen by Election. ballot from among the subscribers to the said instrument so to be registered as aforesaid, and thereafter jhall be annuallv elected by the said stockholders, on the second Monday in January in each and every year ; and upon the \oter,. hrst and every such election of Directors each shareholder shall be entitled to one vote for every share he may hold or be possessed of up to ten, and one vote for every five shares above ten; but no stockholder shall be allowed-^ shares .uBt u. to vote at any election unless he shall have paid p»' we, the undersigned stockholders, met at , '"i I j'^'°""'yo^" , in the Province of Canada, and resolved to form ourselves i.ito a Company, to be called (here insert the corporate name iritended to be taken by the Com- pany) according to the provisions of a certain Act of the larliamentof ihis Province, \uV^\x■^\ed, An Act for the promo- tion of Agriculture in Upper Canada, for the purpose of pur- chasmg a parcel of land in the County of and erecting thereon suitable buildings to be used for ihe purpose ot holding periodical fairs or exhibitions for Agricultural purposes ; and we do hereby declare that the capital stock of the said Company shall be pounds, to be divided into shares at the price or sum of twenty dollars each; And we, ihe undersigned stockholders, do hereby agree to take and accept the number of shares, set by us opposite to our respective signatures, and we do hereby agree to pay the calls thereon, according to the provisions of the said jn part recited Act, and the rules, regulations, resolu- tions and By-laws of the said Company, to be made or passed jn that behalf; And we do hereby nominate (the names to be here inserted) to be the first directors of the said Company BUILDING SOCIETIES, C. W. CAP. XLV. AN ACT TO AMEND THE LAW RESPECTING IJUILDING SOCIETIES IN UPPER CANADA. [Assented to 4th May, 1859.] amble TXTHEREAS, under the Act passed in the inf;inlL'''"j a\ "'"^'^ y''^'" °^ ^^"^ ""^'g" of '^er Majesty, intituled, An Act to encourage the establithment of certain So- cieties U Viot. ■UILOING 90CIBTIB8, c. w. Cap. 46, 1869. cieties, commonly called Building Societies, in that part of the Province of Canada formerly called Upper Catiada, reriain Building So( ;iies have been established called Permanent Building Societies, which have in a great measure superseded those So( 'etieH called terminating Building Societies, and are conducted m more certain and equitable principles than the said terminating Building Societies, by enabling persons to become members thereof at any time for investment therein or to obtain tue advance of their shares or share by giving secu- rity therefor, and to fix and determine with the said Society the time and amount which such members shall repay such advanced share or shnres and obtain the release of ilie said security, without bein^^ liable to the contingency of losses or profits in the business of the said Society ; And whereas doubts have arisen as to whether such Permanent Building Societies are within the meaning and intention of the said recited Act ; And when is it is expedient to remove such doubts and to encourage Building Sorieties established on the said Permanent principle: Therolu.>. Her Majesty, by and with the advice and consent of the L('<.':islative Council and Assembly of Canada, enacts as follows i'ernini nt Societi. 1 liiiving fulHIIcd "ortBin conditioni de- claml to bo within this Act. 1. Any Permanent Building Society estab- lished, or hereafter to be established, under the said hereinbefore said recited Act and the amended Act thereto, and conducted on the prin- ciple hereinbefore mentioned, which shall have fulfilled and observed all the conditions necessary to be fulfiled and observed for the establishment of a Building Society under the said recited Acts, shall be and the same is hereby declared to be and to have been a Building Society within the meaning and intention of the said recited Acts, and \n be and lo have been entitled lo all the powers, benefits and advantages of the said recited Acts; and any person or persons ^'iJth(ir8ub- who shall have signed the Rules and Regulations Memtors"'" of any such Building Society entered and recorded in a book, as in the fifth section of the said recited Act, passed in the ninth year of Her Majesty's reign, is required, and shall have subscribed his name as a shareholder for one or more shares shall, from the time of such signature and subscription, be and be deemed to have been a member or members of such Building Society; and the production of the Kvidonee of book containng the rules for the management of Membership. such Society, kept as in the fifth section of the said Act is required, signed by such person and duly witnessed, shall, at all times and for all purposes, be sufi:icient evidence of membership in such Building Society. 685 II Q, ^ n O^, \^ IMAGE EVALUATION TEST TARGET (MT-3) 1.0 I.I Hi IM III 2-5 156 1^ III 2.2 1^ lit IK u 1^ 1^ 1.25 1.4 1.6 1 iiuuJigiupiuij Sciences Corporation C^ A [r i/.A 4 m \ WK rm V ... 'i^ ^ ^^."^ 23 WEST MAIN STREET WEBSTER, N.Y. US80 (716) a72-4503 W^ '-b-' H)"^ ^-^ 4 22 Vict. BCILPING SOCIETIES, c. w. Cap. 45, 1869. Pem.^n78ocl "' ^^ ^^all be lawlul for any Permanent Building orlS^d*"^' S°f'^/y *° ^""' amend, repeal or create any Re- . , „ • gu'atjon, Rule or By-law for the working of the said Society at a public meeting of the members of such Society convened as is directed by the said seventh section of the said Act, and at which public meeting one third of the members of IJie said Society, entitled to vote by the Rules of the said e.ociety, and representing not less than two thirds of the unad- vanced Stock of such Society, shall, either in writing under their hand or by a vote at such meeting, concur in such altera- tion, amendment or repeal of such Regulation, Rule or By-law or in the creation of any new Rule, Regulation or By-law. ' Societies ma7 b^r'. '^I' Every such Society, by its Rules Reeu- row money lin.,- latii.ns and By-laws authorised to borrow money, snail not at any time after the passing of this Act, borrow, receive take or retain, otherwise than in stock and shares in such Society, from any person or persons, any greater sum than three fourths of the amount of capital actual- ly paid in on unadvanced shares, and invested in real securi- ties by such Society ; and the paid in and subscribed capital of the Society shall be liable for the amount so borrowed received or taken by any Society. ' IV. When any share or shares in any Society paiu up. .ay ,hall have been fully paid up according toThe Shareholder whose share is receive or invest the amount A ui ^", , , .^^^ Society, or shall have become due and payable to the holder thereof, then and in such case it shall be lawful for the holder of such share or shares, either to with- draw the amount of his share or shares from the said Society according to the rules and regulations thereof, or to invest the amount of his said share or shares in the Society, and to receive therefrom periodically such proportion of the profits made by such Society as shall be provided for by a By-law to be passed lor the purpose; and the amount of such share or shares so invested shall become fixed and permanent capital or shares in the said Society not withdrawable therefrom, but transferable in the same manner as other share or shares in the said Society. ^uritrofTn. ^- ^* shall be lawful for such Society to ad- vesting on unau- vancc to members on the Security of investing on vancedshares. unadvanccd sharcs in the said Society, and to receive and take from any person or persons, or bodies corpo- rate, any real or Personal Security of any nature or kind what- ever as Collateral Security or advance made to Members of the bociety. 686 yj^ p. 46, 1869. 3nt Building ate any Re- rking of the jch Society, of the said members of of the said )f the unad- iting under such aitera- or By-law, 3y-law. lies, Regu- c)w money) ing of this n in stock jrsons, any iial actual- eal securi- jed capital borrowed, ny Society ing to the ?come due iseit shall er to with- d Society, invest the to receive i made by be passed shares so ■ shares in sferablein Society. ety to ad- /esling on y, and to ies corpo- ind what- ters of the VI. 22 Vict. MUX. FIRE INS. COS., oppKH CANADA. Cap. 45, 1859. VI. It shall be lawful for any Society to hold jioidm'wai absolutely Real Estate for the purposes of its wtati"^' '^'" place of business, not exceeding the annual value of six Thou- sand Dollars. VII. Such Society shall not be bound to see to «„eiety not bound the execution ot any Trust, whether expressed to Be« to trust* to implied, or constructive, to which any share or ^t"'"*^"'" shares of its stock shall be subject ; and the receipt of the party in whose name any such share or shares shall stand in the books of the Society, or if such share or shares shall stand in the name of more parties than one, the receipt of whaticcwpts one of the parties shall, from time to time, be a "haii be auniciant sufficient discharge to the Society for any payment of any kind made in respect of such share or shares, notwithstanding any Trust to which such share or shares may then be subject and whether or not such Society shall have had notice of 'such Trust ; and the Society shall not be bound to see to the appli- cation of the money paid upon such receipt, any law or usat^e to the contrary nothwithstanding. '^ VIII. Nothing in this Act contained shall apply .. ». „ i nfT t •• . ». .rrJAi'tnotto affect lo atiect any action or su't now pendmg at law or pfinding cases, in equity. MUTUAL FIRE INSURANCE COMPANIES IN UPPER CANADA. CAP. XLVI. AN ACT TO AMEND AND EXTEND THE ACTS RELATING TO MUTUAL FIRE INSURANCE COMPANIES IN UPPER CANADA. [Assented to 4th May, 1859.] WHEREAS it is expedient to extend the provisions of the Act of the late Province ^'"'°'"''- of Upper Canada, passed in the sixth year of the Reign of His Majesty King William the Fourth, intituled, An ow.vc.is. Act to authmise the establishment of Mutual Insurance Com- panies in the several Districts of this Province, and of the Acts amending the same, so as to provide for the more speedy and certain payment of losses incurred, by enabling Mutual* In- ^^' suranc^ ij ii M •V\ i.;-i 22 Vict. MtJT. fiaiB m. C(J8., tjrpsn canaoa. Cap. 46, l65d. surance Companies to possess a guarantee capital, to assume sucli corporate name as the Directors may deem expedient dnd to collect premiums in full, in cash, in certain cases : There- lore, Her Majesty, by and with the advice and Consent of the Legislative Council and Assembly of Canada, enacts as follows : ^an'^^^company ^- ^"^"y Mutual Fire Insuraucc Company form- "art;i?a?rt ^^* ""^^>^ the Acts above cited shall have power to exceed 1500,000. to raisc by subscription of its members or some . . of them, or the admission of new members not being persons assured by the Company, or by loan, or other- wise, a guarantee capital of any sum not exceeding five hun- dred thousand dollars, which guarantee capital shall belonj? to such Company, and shall be liable for all the losses, debts and expenses of the Company ; and subscribers of such capital stock shall in respect thereof have such rights as the Directors ot the Company shall declare and fix by a By-law to b- pas- sed before such capital shall be raised, and which shall not Srs^'rU thereafter be repealed or altered without the capital. consent of the majority of votes of the share- holders of such capital, either personally or by proxy, at a meeting held for that purpose,) each holder being entitled to a vo e for every share of forty dollars held by him or her,) of the holders of such capital ; unless such capital be paid off in the manner hereinafter provided. adopt a ncw^ior- *'• Any such Company shall have power to porate name. adopt, by a by-law passed in the usual manner, any corporate name which the Directors may deem expedient provided they retain the appellation of Mutual, but such corporate name shall not thereafter be changed so lone as the Company shall subsist. '^ cre™t^"iY Srve ^^^' -^"Y such Company shall have power to S'anrc'a^ItSf f ^^^e from the surplus profits of the Company, irom year to year, a Reserve Fund for the pur- pose of paying off the guarantee capital, after which its affairs and properly shall revert to and be vested in the parties in- sured, as the sole members of the Company. um^n^ca'sh!'"'"'' I^- Any such Company shall have power to collect premiums in cash for insurance for terms not longer than one year, and such portion of the premium notes* as the Directors may consider equitable and necessarv on all insurances for terms longer than one year. 688 -y ip. 45, l65d. I, to assume pedient, dnd ses : There- nsent of the , enacts as ipany form- have power ers or some lembers not n, or other- ig five hun- 11 belong to sses, debts, iuch capital le Directors to be pas- ih shall not without the the share- •roxy, at, a ntitled to a ^er,) of the paid off in power to il manner, expedient, but such ong as the power to Company, r the pur- its affairs Parties in- power to for terms premium necessary V. 3 Vict. MUT. flRE ISB. COS., UPPISH CANADA. Cap. 45, 1869. ml; "i"^ ""^J? S°?P.«9y "^all have power to M.,diwd.proflt. make a periodical drvision of profits of the Company eauita^ bly among the stockholders and policy holders of the S pany, after providing for the Reserve Fund above referred "i yi. Any such Company shall have power to m*t !«»»• m l. extend its operations to any part of Lower Cana- " °' ''• °- da and Upper Canada. ^ ■ VII. Any such Company shall have power wrector.- under a By-Law to be passed for that purpose ti **"°"""- tlT^^^ "'""^!' ""^ Directors, not less than seven or more than fifteen ; and any three Directors shall be a quorum. .hJu^i' '^^^ I^^rectors of any such Company ?Wor.«.y.rii shall have power to recover in any court of com- t?i *"""***"*'"■ petent jurisdiction any assessment or call on the shares nf S"''". 'T^'i' ^' '° °«"°^^ ««°h shares and foVfehthe instalments already paid, as they may think fit. .l3'J^^ Directors of any .uch Company m ,nT«t th. sha 1 have power to invest the capital and funds S^"'"*' Co- ot he Company in mortgages on real estate, bank stock, shares in Building Societies, and such other securities as the Directors may diem profitable and safe. X. The Directors of any such Company shall w^ctoMmay have power, under By-laws to be passed regu- not'^"^"'^ ^ting the manner in which such power shall be exercised, to rin.r'^TTK""*"'' "^^^^ ""' ^'^^^Pt b'"« «' drafts, or isSue ' debentures for the payment of losses, expenses or for other ZEff • V^' ^'™P^"-"' ^"^ ^° issue certificates or scrip fo shares in the guarantee capital stock of the Company bm circulate as money or as a bank note, nor shall the Company or the Directors in any way exercise the business of banking XI. The Directors of any such Company shall ni'wtor.mv rZir'^^l ^? rnake By-laws for the effectual SJlT'pS^' carrying out of the objects contemplated by the several Acts hereinabove cited and referred to and of ihis Act, and from i.!,^ t "I \*^ ". ^"^ ^™^"^ *h« «^™e» except in cases with regard to which It IS provided that any such By-law shaU not ^hlT^l^'^' °' T^"'" .'""^ ""^P^^l ^«»id affect the rights of sJJ^rB^Ts^^r^^^^^^^^^^^ ^" -y^^ -^^°^— ««» XIL 2x 22 Vicl. HOMCBOPATHT. Cap. 47, 1859. At to TOting proxy. *"' XII. No agent, paid officer or employee of any such Company shall be eligible to be elected a Director, or be allowed to hold piroxies or interfere in the election of Directors of such Company ; All proxies shall bear date at least three months before the election at which they are used, and be filed with the Secretary of the Company within the same period. iff^'2dd°&*° XIII. Whenever notification in writing shall jMuraDoe else- be givcn to any Company by an applicant for where may notify .° ,•' ij.*^^,/... the Company. insuraucc, or by a person already insured, of his intention to insure, or of his having insured an additional sum on his property in some other Company, the said additional assurance shall be deemed assented to, unless the Company, so notified, shall, within two weeks after the receipt of such notice, signify to the party in writing their dissent; and in case of such dissent, the liability of the insured on the pre- mium note shall cease from the date of such dissent on account of any loss that may occur to such Company there- after. HOMCEOPATHY. Preamble. CAP. XLVII. AN ACT RESPECTING HOM(EOPATHY. [Assented to ith May, 1859.] WHEREAS the system of Medicine called Homoeopathy is much approved and exten- sively practised in many countries in F ope, in the United States and also in Canada ; And whereas it is expedient to extend to duly qualified practitioners of this system privileges similar to those enjoyed by licentiates of medicine under the laws now in force in this Province : Therefore, Her Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows : first Board of ex- aminers ap- pointed I. Until other persons are appointed, as here- inafter provided, Duncan Campbell, of the City of Toronto, M.D., Joseph J. Lancaster, of the Town of Gait, M.D., Alexander Thompson Bull, of the City of London, M. D., Willia. A. Greenleaf, of the City of Hamilton, M.D., 690 and . 47, 1869. nployee of be elected fere in the I shall bear which they Company iling shall pi leant for ired, of his tional sum additional Company, pt of such It; and in )n the pre- dissent on )any there- f, 1859.] :ine called and exten- the United cpedient to I privileges ! under the jr Majesty, ve Council 1, as here- of the City i^n of Gait, •ondon, M. on, M.D., and 88 Vict. HOM0BOPAl>HY. Cap. 47, 1869. fof Jhom^S ^^.^^'^ City Of Toronto, M.D., shall be a Board Oof whom three sbill be a quorum) to examine all persons who may desire to obtain a license to practise medicine If. The Board may appoint a Secretary and secretary ,„d rreasurer, who shall attend all the meeiines and '"'"*'"""• toYe orovTrlp/r ^V'" P^°«eedings of the Board, in a book lo oe provided lor the purpose. th« purpose. III. The Board shall hold two meetings in the Meeting" «r City of Toronto in each year, viz : on the first "''"'• luesday in January and July respectively, which may be before the Board be finished, but no session shall exceed one ly. The Secretary may a! any time, on the Extraordinary requisition of two members of the Board call "'^"'"''' an extraordinary meeting of the Board for the purpose of exammmg candidates, and for the transaction of such other Dusiness as may come before it. V. Every person who desires to be examined Notice by person* by the said Board, touching his qualifications to :.'^°ntl'? ^nd practise Physic, Surgery and Midwifery or '''»*" "'""''^'•'^ either of them, according to the doctrines' and teachings of Homoeopathy, shall give at least one month's notice in writing o the Secretary of the Board ; and must show that he is not less than tweniy-one years of age, that he has followed midi- cal study uninterruptedly for not less than four years under the Zf h r^ « "^^'^ ''"^y qualified Medical Practitioners, and if MpH,-.-^' I'f^"^ ^u '"""^ University or Incorporated School of Med cine not less than two six months' courses of Anatomy, Physio ogy. Surgery, Theory and Practice of MedicS Midwifery, Chemistry, Materia Medica and Therapeutics respectively, and not less than one six months' course of Si^ cal Medicine and Medical Jurisprudence respectively. VJ. If the Board be satisfied by such exami- certwcate to b. nation that the person is duly qualified to practise ''"*'*• r/. W.°'^ ^"'^ said branches of Medicine, as they are understood and practiced by Homceopathista, they shall certify ^hejame under the hands and seals of tw;, or more of such ^9» VIL 22 Vict. sBiONORiAL AMBNOMBNT ACT Or 1869. Cap. 48. 1869. LtnnM on oertifloato. ineh Vll. The Governor, on the receipt of such certificate, may, if satisfied of the loyalty, integ- rity and good morals of the applicant, grant to him a license to practise Physic, Surgery and Midwifery, or either of them, in Upper Canada, conformably to the certificate. bi??^th2S! ^'**' '^^® Governor may, without any special certificate, grant the Provincial License to prac- tise to such of the above-named members of the Board as have not yet obtained it. Board rasy make Bf-lawR. IX. The Board shall have power to make By-laws for the regulation of its own affairs, which, however, shall not ) '" 'hat part of the Province of Canada known as Lower Canada, shewing the rmZZl «/here°ofo?e created, or a,ny rente viagire hereafter to be treated foJ not more than three lives, or to abridge or otherwise alter the term novy fixed by By-law for the pres'cription of any irredeemab^ rrlrs'tttof""*'' '"' '"^'^ '^"'^ redee/nabl or 7th: yil. This Act shall apply to Lower Canada only. 695 Act limited to It inl . / " ^'"^ prosecuting costs, and no such oppoJitlontVl tv^e^ J"^""' "'' or suspending such seizure and sale if it h '''°^P'"^''^"^^"g with such tender and deposit. "^^ accompanied Act ,i.it,d to L. IL This Act shall apply ., . ^ , only. t^' '•>; to Lower Canada 698 COU'TTV 'ap. 51, 1859. E. CE OP REAL SDINGS HAVE y, 1859.] hat debtors, their credi- editors have 8 for which Josing them edings, and it to provide refore. Her Legislative ature what- th hypothec alienation, lie recovery noyeable is editor who 3h creditor ion to the Jch sale or Provided er of such t tKe sale Iting in the i^hich such and costs, ri so made, )rosecuting iterest and preventing Jompanied •r Oanada "OU'TTy 22 Vict. COUNTY ASSESSMENTS, c. E. Cap. 56, 1856. COUNTY ASSESSMENTS, C. E. CAP. LVJ. AN ACT TO ENABLE COUNTY MUNIClPAr TTn^s iw Tn«™« ^ TO RECOVER THE A^loUNT oJ'SaTn a's'^SeSnTS^^'^^ [Assented to 4th May, 1859.] T XTHEREAS the Act passed in the twentieth Z A ^7f Her Majesty's reign, and intituled, ^'"•"'"''• riff ''T"'^ "^' Jt^dicature Acta of Lowe^ 2oy.c.44,«c.t«d. tnctions imposed b'y ,he said Act, as sCasfhe £i Id^^^^ sum of three hundred pounds towards buil Jing o pfocili a County Court-house at a place to be approved by Ihe'^GoSr^ Whereas the powers conferred upon County MuniHn«nn? ? ' raising or providing for the Recovery of Lysums'^?";^^^^^^ deem necessary to be added to the said threeVundred pounds for the purpose of building County Court-house are not sufficient^ indicated in the Municipal Acts ; Whereas cLaf,^ County Municipalities have passed ^iaws foMhnrecSnf such Coun.y Court-houses; And wherLs certain Com lyMunf cipahties have imposed assessments payable by th/ Si Municipalities, for purposes connected wi?h the inferesL of the public or of such Counties ; And whereas the Sfc ipal Laws I. In any County Municipality in which land has been offered for the building of a County Court-house, and accepted by the Governor as the site thereof, and in which the Council shall have ordered and directed, or shall hereafter by and direct, the building of such Court-house on and have apportioned or shall hereafter apportion able, or liereafter to be payable, by each Local 699 County Bjr.l«*»p. portioning the Bum to be paid by any Iiocal Munici. pafity, for a Court House, Ac, to be binding. By-law order the said site, the sum pay- Man iiCipuiiiy for 22 Vict. COUNTY ASSESSMJBMTS, c. B. Cap. 56, 1859. for such purpose, such By-1 iw shall be definitive, and the assessment so imposed shall be obligatory upon such Local Municipality, and thenceforward the sura therein mentioned shall become a debt of such Local Municipality. t^j-T^t^^^t II. It shall be the duty of the Secretary-Trea- w%"uiLp'Si- *?'^' ®^ ^^^ ^°""'y Municipality, immediately ty, rapeoUTeiy. after the passing of any such By-law by such County Municipality, to transmit a copy thereof to the Secre- tary-Treasurer of each Local Municipality affected thereby and the Secretary-Treasurer of such Local Municipality shall' within two months after tlte day on which he shall have received the same, or within two months after the passing of this Act, if such By-law have been passed or adopted previous to the passing of this Act, prepare a special collection roll or assess- ment roll, as the case may be, based upon the valuation roll for such Local Municipality, and he shall, in the usual maner, calculate and insert the several assessments payable by each contributor, and the total amount due by each person in such Local Municipality, and in case he shall fail to do so within said delay, the said Secretary-Treasurer of such Local Muni- cipality shall be liable to a fine of not less than one hundred or more than two hundred dollars, recoverable at the suit of the County Municipality, before one or more Justices of ihe Peace, under an ordinary writ of summons. i|Oc»i secretery. IIL The Secrctary-Trcasurer of any Local iect*T'.ums'1i' Municipality affected by such By-law of a County •pporuoned. Municipality, after he shall have prepared in the manner aforesaid the collection roll mentioned in the second section of this Act, shall be the collector, of the same, and it shall be his duty to raise the amount of the assessment so imposed, in the manner provided by the seventy-fourth section ol the Lower Canada Municipal and Road Act of 1856- tt'eitoX"*'"'" »"<1 such Secretary-Treasurer shall be bound to <^nnty. render an account to the County Municipality of the collection of such moneys in the manner and under the penalties and suits provided by the seventy-fourth section of the Lower Canada Municipal and Road Acts of 1855, and the Acts amending the same. Aet to kpply to all MMstmenta for County workf. ties IV. The Provisions of this Act shall apply to all assessments imposed by County Municip&li- upon any Local Municipality, in matters relating to County interests, or for the purpose of making provision for any County worka. 709 AGRICULTURE 3ap. 66, 1859. live, and the >n such Local in mentioned jcretary-Trea- immediately r-law by such to the Secre- jcted thereby, cipality shall, have received ig of this Act, revious to the roll or assess- ^alualion roll usual maner, liable by each erson in such do so within Local Muni- one hundred at the suit of stices of the any Local V of a County epared in the :n the second same, and it ssessment so ourth section ict of 1856: be bound to micipality of id under the th section of 355, and the ball apply to Municipali- relating to provision for 22 Vict. CU T nnTTt>x> AGRICPLTUSE C. E., TO lEGAlIZE. ' CAP. LVH. W [Assented to 4th May, 1869.1 HEREAS certain irregularities have oc cuIturaTst".- '^-^'^f °" °^ ''' Officers of IgH-- ^"-- Pla^a 're'p^rLd^n'^drt^d^ Z''^'' '^^ — chapter fo«ylnTn"fA"d^tLs^^ ^"^"^^^''^ Victoria, terpretation of the Act t weS an erroneous in- 20 v. c. 32. has caused certain AgSS S^S"-''T' '^"'^^'^^o. composed of more thanl-orty pemnfc^^^^^^ ^T'' ^^"^^^ exceeding twen.y pounds cur'S in hf°'^*^^ said Act rendered it unnLsslrv^i 1 ^ of opmion that the declaration and form ^^aTnTK rie'To^r."''! ^*^« above cited : And wherea«. if ,•« "f^"^^^^^ ^ of the Act first lia.i.ed for \he orgr„S„''„rigSSJaT S^f- "^ '.«™ such Societies have not alreadv h2„ ^ Societies where ada, and in oonsid.rSn ^'h^aranX" wh "h''''"? F'"" the proper workin*' of thp «ai^ »"vaijiages which result from forc^H^r Majesty^y and w fh thf ^^^^^^^ Y'''''' > ^herS Legislative CouJci/and rssemblv of^^^^^ consent of the enacts as follows ; assembly of Canada, declares and wllicf h'avi"ir/°^f '" • ^ Agricultural Societies H.ect.o„s he., .t of LowercLnad^^ ^at' tL'" '^^ 1'^^'^"' ^°""^'«« ^IS^^oT Act twentie h vfctorL chaSrI T^'-'^ ^^ '^' -^'^""^ valid, and the sTomc:^V:ilZZi;^^^^^^ hereby declared powers, and to discharge all the dutJef nn f ^f '''^'^ ^" ^'^^ rated by the Act la^t cited «nHh,.i\°"^^"^^ ^"^ enume- ehapter thirty two Witt referenc^^l 4 "^'^ \^'"^^^'^ V^^*°"«> Lower Canada ; fr^ver "Sanv r'"/'"'"' ^°'^''''' ^" which but one AffriciXrli I -^ ^""""^y '" ''"''"«•• Societies have bee^org^^^^^^^^^ ilZ7 '?^''' ^° ^^'«^ ^^« that Society which has bT^nni Wi''°" °"e to the other, culture shall be the le^Hv or^n?"? c ^^ '^' «°"^ ^^ Agri-' all the rights and nrivneJ?. ''? ^''T'^^ ^"^ ^^^^^ 4oy Societies. ^ P"viieges conferred upon Agricultural JL^l^^!£l!^!!^^.^<-^}-^^^ organized --, .0 o^ .„{,,,,„j, ^,j„ j„g provisions of iiird.ct.Siior'* 701 MderthetiiaAct. this dS Vict. AORICULTCTRE, C. E., TO LEGALIZE. Cap. 57, 1859. this Act, shall nevertheless subscribe to the declaration in the form contained in the said Schedu)'? A. of the said Act twentieth Victoria, chapter forty-nine ; and the said declaration shall then be deemed to be subscribed to in conformity with the provisions of the Act last above cited. NotwIthiUnding 20 v., c. 49, the in- habitants of a County ma; orga- nize s Society and elect officers in 1859. Ill, Notwithstanding the provisions of this Act twentieth Victoria, chapter forty-nine, which enacts and provides that the election of the President, Vice-President and Directors should take place within the three first weeks of the month of Janu- ary, one thousand eight hundred and fifty-nine, for the current year, it shall be lawful for tho inhabitants of any County in Lower Canada, upon conforming to the other provisions of the Act last above cited, to organize an Agricultural Society, and to elect the President, Vice-President and Directors, at any meeting called for that purpose by the Warden or a Justice of the Peace in the County, upon the requisition of at least three persons entitled to, vote at the election of the officers aforesaid. Who ghall prt'sido •t (he meeting for such election. IV. If on the day and at the hour and place at which such meeting is to be held, the said Warden or Justice of the Peace be absent, any person selected by the majority of the persons present, and entitled to vote at such election shall preside, and shall discharge, in so far as concerns the said election and the Acts relating thereto, all the duties imposed upon the President of any such meeting. Proceedings to Tie transmitted to tlie Board of Agricul- ture. V. The proceedings at such meeting shall be transmitted to the Board of Agriculture by the person who shall have presided thereat ; and if such person shall neglect or refuse to transmit a report of the said proceedings to the Board of Agriculture, whether such proceedings shall have been had since the first day of January, one thousand eight hundred and fifty-nine, or shall be had after the passing of this Act in conformity therewith, it shall be lawful for not less than three persons who shall have been present at such meeting, to draw up a proces-verhal setting forth the result of such meeting, and giving the names of the oiHcers elected for such Agricultural Society, whether the; same be for a County or for the Division of a County, as the case may be ; And the said proces-verhal shall be transmitted to the Board of Agriculture, and shall be considered to be an official report of the proceedings of such meeting; if, however, it be objected that the said report is false and irregular, the Board of Agriculture shall decide the matter in dispute^ and its decision shall be final. 702 VI. p. 57, 1859. claration in he said Act declaration ormity with )ns of this nine, which ion of the tors should th of Janu- ihe current r County in sions of the ociety, and ors, at any a Justice of , least, three s aforesaid. nd place at I, the said ion selected i to vole at in so far as reto, all the jting. g shall be lure by the eat ; and if sport of the lether such of January, le had after it shall be have been •hal setting :mes of the hether the, inty, as the ransmitted 3d to be an f, however, egular, the Lspute^ and VL -2 Vict. AGRICULTURE n v, ,^ transmitted ^Sfo7l/°''''*'''^^. ''''''°*' ^ave gocieu.. wwc •"eatings ,o tfe Board of 7'-"^/"^^ ^' »''«'> "P-t-'SSST which ti.proceed^°g"lttfrilT' T' '' '"--S" said Board of Asriculinrr f declared to be valid bv ih.» -8 any i-g„ltS'i'„";'^erp/rXf ''■==^'' "°"^'^'^"^- cultural Soliety7bllK'Jh^^^J^'^^ ^^^'"^ Agri- Secr,U„.Tre«. to the said Agr^ctl uraf Socil o ""r'^^"^^ ^iX"- Treasurer, toihe amount of S 1^""^^ ^^ '' '^^ Secretary- the satisfaction of the Presidem amrv''"^ ^ "^^^ currency/fo Society; and n shall ZitCJ^^^^^ n^oney from the Board or 61^.^" ^7}'"} to receive any J-aving first furnished a copy of S :f ^^[^^"^t'^re, without Agriculture. ^^ ""^ ^"^'^ security to the Board of forVu";.^ei^rrepreLm.M ''"^'^ ^.^"^^^' ""^"^^d ^... co„„t, u. Assem&y, shall fnjTnuino''^' I^^SJslati.e t.^^^ ture be deemed seoaratV P"'P°^^« «^ Agricul- p°»- and privilegTstSd rtheTaw:' e^'"^' ^"^'^^ ^" '^« ^'^'^'^ force in Lower Canada upt^'cV^n^;;::^ SruliitT^"'" ^ ^"^ Societies orgaSd h. vL ""^^r ^.^ Agricultural «<""",. to be made to the^BoLrd of aT ,f '^'' ^"'' «^^" be "'"^" ^^ ^« •'"'^ of July next ""^ Agriculture upon or before the first day X. So much of the sTlr? A„f * toria, chapter Ihirtv ttJ ^ twentieth Vic- Exhibitions m.r Agricultural A SiTn' r r'^"'^'^ '^^' 'he ^tr-^-bien annual Fair of ExhSni: uTT ^^"^^^ ^^all hold an the said Association sLl 'ho da fL"'''^'1| ^"^ ^^"^-f-' reckoning from the date of its la.f F-L-r""?."^u°' ^''^""^'^"y, Board of Agriculture for ^^C ct/drsh^lS^^S.^^ '^^ torftf\^ie"r.;L;t'so ^^f^^'? ^"^' ^-- r— - orpartof a Cortv"::„trS 1'"-^-^?""^^ ^nVr^- County to select a centrl? and p'o^e "nr*"'^- ^"""^^^ ^^ «»<^h part of a County at -h? -h h ' ^ ^ 'l'^''^ '" «"ch County or held in each yea'r th.. fL ' sSlVV^'f . '.°^'^*^ ^'^-'^^e cipal Council at any of iu'r ' , A ^^"^^"^ for such Muni- the first day of FebWrv one Th ^"^f '"'"^^ ^^^^^^^^ af^er sixty, and it shall be the Jutv of It? M^ --^^' ^""^^^^ and that day at its first gJTJ! nJ:t±^]t"''9^^ Council after 708 -c"-.cny .:,ession, after having been [■i'13'a :'i| Ini 22 Vict. BDiLbiNG SOCIETIES, L. c. Cap. 58, 1859. been so required, to pass a By-law declaring its selection of such a place, and thereafter the annual show of such Agri- cultural Society shall always be held at such place. ■ Public Act-to ap. XII. This Act shall be a Public Act, and shall ply only to L. C. /-. j i apply to Lower Canada only. BUILDING SOCIETIES, L. C. II' :i; CAP. LVIII. AN ACT TO AMEND THE LAW RESPECTING BUILDING SOCIETIES IN LOWER CANADA [Assented to 4th May, 1859.] Preamble. 12 V. c. 67 WHEREAS under an Act passed in the. twelfth year of the Reign of Her Majesty, intituted. An Act to encourage the establishment of Building Societies in Lower Canada, certain Building Societies have been established called Permanent Building Societies, which have in a great measure superseded those Societies called Terminating Building Societies, and are conducted on more certain or equitable principles than the said Terminating Building Societies, by enabling persons to become members thereof at any time for investment therein, or to obtain the advance of their shares or share by giving security therefor, and to fix and determine with the said Society the time and amount which such members shall repay such advanced share or sharei" and obtain the release of the said security, without being liabiv^ to the contingency of losses or profits in the busi- ness of the siiid Society; And whereas doubts have arisen as to whether such Permanent Building Societies are within the meaning and intention of the said recited Act ; And whereas it is expedient to remove such doubts and to encourage Build- ing Societies established on the said Permanent principle : Therefore, Her Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows : Permanent Socle- ties having ful- filled certain con- ditions, to be So- cieties within the said Act. I. Any Permanent Building Society established, or hereafter to be established, under the said hereinbefore recited Act and the amending Acts thereto, and conducted oa the pripciple hereinbe- 704 for . 58, 1859. lelection of mch Agri- , and shall 32 VlCj. BUILDING 80C1BTIK8, L. O. ^'ap. 68, 1869. OCIETIES IN y, 1859.] sed in the, er Majesty, )f Building sieties have ilies, which ;ties called ed on more 'erminating IB members > obtain the ity therefor, B time and anced share ity, without in the busi- /e arisen as 3 within the Lnd whereas irage Build- t principle : md consent la, enacts as established, er the said inding Acts lie hereinbe- for fore mentioned, which shall have fujfijed «n^ u the condUions necessary to be fulfiff /"? observed eil establishment of a BuilL«:Societv1^^^^^^ and obaerved for the Jhall b.and the same iXTl^J'tt^'^r^ '«°^^ beena Bu d n« Society within ♦».•» """'^f®^ *<> be and to have «aid recited Acl; and fo be and ,o HTu^ ""^ ^"*««''°" «f'he powers, benefits and advaotail of .h ^''P,'"'''^'^ »« all the cited Acts • and Bn»r no«. ^ * *"® »»'d re- whchaiibe have ap^le'ilrffi^^nVK^^^ ^'V'^'' -- ^- Society intend and rec^fded irf a to^^^ of the said recited Act, passeS in .h.' f Vt^ ^^'^ ««°'io" Majesty's Reign, is requfred and «h«n T^^'^ ^'^ ^^ Her name as a shafeholder for one o? mot i "'" \"l>««ribed his time of such approbation and subsSit"?' '^fu' ^"""^ '^^ dence of membership in such BuUdiSg Sodei^^ ^"^°^^«» «vi. . n. It shall be lawful for any Permanent RnJM Jng Soc ety to alter amenH L^i '^""d- Howpermwent pr».,i .• "^ tT ,^'i amend, repeal or create anv societies may Kegulation, Rule or Bv.lnw fZ. tu^ ,r ^^y p««orain«nd thp o<>:.4 c • . »y-iaw lor the workine of their Byjiw. greater ,um than 'hree fcSs of "ht amS^ZI- "' ^'T'' '".^ by such Society; and the nniH in .„j 1 -^ .""' »ee>"ilies Society shall be liabll fJtli '"bsenbed capital of the or taken by any sSy """""' '" ^"'""'^' "^ived shaU'hr^e'been^nlir^f/'"''' '" 1°^ ^o^i^'X ?*" •'-.-" rules "rfhe s^i«yfo?"hVVar;:2'"^ '"."" -apsK' and DavahiB in th. i. fj L '">™ become dne '"t^^ >he advice and consent of the regislaivp/^^^^ and with biy ol Canada, enacts as followsT ""'''' ^"^ ^s^em- in'ibJcity'ot^iL^^^^^ flT"« '^siding co.pa„, ..,,, Fire InsurLceSXTi:2in"'' " ^"'"^^ »ni;ii--^ >he limits of the said c"tv and T^^?'"''"'"'^ situated within " The Mutual Fire Insuran-^ r e'sewhere, under the name of ai," and all the p^ov fons /f fheTa^/I ^ Sl'^ °^^°"'- Fourtb, chapter thirty-three, and of ?h^l^i,^°"''h William the Act, m so far as they are notlnnnn • . amending the said apply to the said Company ^"''^"^'•^^^"^ ^^ith this let, shall said* Comp^^^^^^^^ '¥ directors of the -..„..., whenever TlaU betecest^v^^ ^'^'^ ^"^' War. assessment to be paid bT^7'J,t'"?°""^ °^ SaT"-"' expenses and losses of the said CompaV"'"''''' '"" """'' '^' suuaie at :„ th^ n ^ \^^ "''<^ (-ase may bA ■l.e a™o„„, of .i, „,„,„UV^t .fura/;;/'' '»"- ^^'"« . . day of V, T '^^ same, on the day of V ^ •^ , A.D,, 1859 _^ PETER JONEs' for levying dis^ess under £10 5, If flil .;. i IKTENTWIT or GOODS DISTMAINBO, *C. rlLl^y P""'f* a^jenisement, not to exceed in all 6». oy. Catalogues sale and commission, and delivery of goods, oL ^hni.ng jn .he pound on the net proceeds of the sail. bJX .he^en!irisTad?fc:lo:;•*^"°« °' •"^ ^'^'^^^'^ '' «^'-- 'y INVENTORY OF GOODS DISTRAINED. An inventory of the several goods and chattels distrained by me, whose name is hereunder written, the day of »,«„oo ,> in the year , in the house, out- houses, and lands of jn u* .u' authority, and on the behalf of ' , of for pounds, arrears of lent due to him the said with «nr;n„ " ^''f .^^"^ng ^ouse, one black walnut hair sofa stove. On the farm, one horse, two cows and six sheep, &c. Mr. NOKCE OF DISTRESS. Take notice that by the authority, and on the behalf of your landlord, , I haw this day of ^ IL!?^ ^TuLT ^"'.l . ' distrained the several goods .nd chattels specified in the schedule hereunto annexed m your house, outhouses and grooads, at for * .arrears of rent due to him the said • and if you shall not pay the said rent so due and in arrear as aforesaid, or replevy the said goods and chattels, I »hall, after the expira- tion of five days from the date hereof, cause the said goods and chattels to be appraised and sold, according to the statute m that case made and provided. Given under ray hand, the day and year first above written. A B .u ^•^- ^ true copy of the above must be served on, ot left at the residence of the tenant in presence of a witness. APPRAISER'S OATH. You, and each of you, shall well and truly appraise the goods and chattels mentioned in the inventory, according to the best ot your understanding. So help you God. FORM OF APPRAISEMENT. The appraisement {should name articles) may be in the form of an inventory, specifying the particulars, and their respective valuations; and then add at the end "appraised by us, this day of in the year " PETER PIPER, JOHN WOOD, "^^^ Sworn appraisert. ri!D, JtC. Kceed jn all 5s. oy. livery of goods, one >f the sale. By the attels or fixtures by ['RAINED. attels distrained by day of in the house, out* , by the e to him the said ck walnut hair sofa hairs, and one box md six sheep, &c. the behalf of your day of , rained the several hereunto annexed , for ; and if Eirr^ar as aforesaid, I, after the expira- se the said goods iing to the statute irst above written. A. B. srved on, or left at witness. ruly appraise the 3ry, according to iGod. T. ly be in the form d their respective lised by us, this »> PER, >D, om appraiaeri.