PI Cornell University fj Library The original of tiiis book is in tine Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/details/cu31924016981684 dnrtw U lau) ^t\\xm\ tibtatB KEO 521859™" "'"™™">"-"'™^ 'lliaSaS±S^f:yPPerCana THE CONSOLIDATED STATUTES FOR UPPER CANADA, PKOCLAIMBD AND PUBLISHED UNDER THE AUTHORITY OP THE ACT '22 VICT. CAP. 30, A. D,, 1859. TORONTO: PRINTED BY STEWART DERBISHIRE AND GEORGE DESBARATS LAWgPElNTER TO THE QTJEEN'S MOST EXCELLENT MAJESTY, FROM THE AMENDED EOLL OF THE SAID CONSOLIDATED STATUTES DEPOSITED IN THE OFFICE OP THE CLERK OP THE JJIGISLATIVE COUNCIL AS DIRECTED BT THE SAID ACT, 22 VICT. CAP. 30, 1859. 1859. CLASSIFIED TABLE CONSOLIDATED STATUTES WHICH APPLY TO UPPER CANADA ONLY. TITLE L PRELIMINARY PROVISIONS. Chapter. Page. 1. The Consolidated Statutes for Upper Canada. Repeal of former Acts 1 2. Interpretation of words 5 TITLE 2. . TERRITORIAL DIVISIONS. 3. Territorial Divisions of Upper Canada 7 -TITLE 3. t- EXECUTIVK GOVERNMENT. ■4. Government Debentures 20 5. Registration of Crown Debts 22 6. Militia Pensions 23 7. Sale and Purchase of Claims due to Government 28 8. Maintenance of Light Houses 29 TITLE 4. ADMINISTRATION OF JUSTICE. I. — Law of England in relation to Property and Civil Rights, continued. 9. Law of England in relation to Property and Civil Rights 30 II. — Courts. 10. Superior Courts of Law 31 11. Courts of Assize and Nisi Prius • 41 12. Court of Chancery 4-5 13. « Error and Appeal 62 14. " Impeachment 74 IT Classified TMe of Gonsol. Stats, jor V. C. Chapter. Page. 15. County Courts 75 16. Surrogate Courts 93 17. Court of General Quarter Sessions of the Peace 115 18. Insolvent Debtor's Court 117 19. Division Courts 136 20. Fee Fund from Local Courts and Fiscal Duties of County Attorneys, &c 180 21. Proceedings in Exchequer and Revenue Cases 183 22. Common Law Procedure 185 23. Mandamus and Injunction 274 24. Imprisonment for Debt 276 25. Absconding Debtors 286 26. Relief of Insolvent Debtors 296 27. Ejectment .' 302 28. Dower 323 29. Replevin 325 30. Interpleading' 332 31. Jurors and Juries 335 32. Witnesses and Evidence 401 TITLE 5. PROFESSIONS, &C. I. — The Profession of the Laiv. 33. Law Society 406 34. Barristers at Law 4J0 35. Attorneys at LaAv 4, j2 36. Reporters in the Superior Courts , 425 37. Local Crown Attorneys 427 38. The Office of Sheriff. '. .V.'.'.'.V. 42& 39. Commissioners to take Affidavits and Bail. ...... '. '. '. '. 434 II- — The Medical Profession. 40. Medical Board and Medical Practitioners 4,36 41. Homtcopathy 43g TITLE 6. TRAiDE AND COMJIERCE. I. — Comme)-cial haiv. 42. Bills of Exchange and Promissory Notes 440 43. Interest ' * ^^g 44. Written Promises 450 45. Chattel Mortgages .'.'.'.*.'.*!!!!.' * 452 II-— Navigable Waters and Streams. 46. Ferries j Kg . 47. Rivers and Creeks acq 48. Milkand Mill Dams .".'..'.'*'.!.'!!!!!!!!!!'.! 461 Classified Table of Consd. Stats, fm- U. 0. III. — Trading and other Companies. Chapter. Page. 49. Joint Stock Companies for Roads 465 50. " " Piers, Wharves, &c 492 51. " " Agricultural 498 TITLE 7. MUNICIPAL INSTITUTIONS. 52. Mutual Insurance Companies 503 53. Building Societies 516 54. Municipal Institutions 524 55. Assessment of Property 649 56. Travelling on Public Highways 687 57. Line Fences and Water Courses 689 58. Weights and Measures 694 59. Public Health 699 60. Wolves, destruction of. 700 61. G«me Laws 701 TITLE 8. EDUCATION. 62. University of Toronto, University College, Upper Canada College, and Royal Grammar School 702 63. Grammar Schools 719 6*. Common « 728 65. Separate « 768 TITLE 9. RELIGIOUS AiVT) BEMEVOtBNT ISSTITUTJONS. €6. Tithes 774 «7. Cemeteries 775 68. Conveyances to Trustees for Burial Places 779 69. Property of Religious Institutions .' . . . 780 70. Building Fund for Lunatic Asylum, &;c 783 71. Provincial Lunatic Asylum 784 TITLE 10. DOMESTIC RELATIONS, RIGHTS AND REMEDIES. 72. Maniages 787 73. Separate rights of Married Women 791 74. Appointment of Guardians, &c 795 75. Master and Servant 798 76. Apprentices and Minors 801 77. Seduction 804 78. Actions by and against Executors, &c., and limitation of certain actions 806 7S. To prevent Accidents from Machinery 808 Vi Classified Table of Consol. Stats, for U. C. TITLE 11. REAL ESTATE. Chapter. Page. 80. Claims to lands for which no Patents have issued 810 81. To prevent Trespasses to Public and Indian Lands 818 82. Real Property 829 83. Assurance of Estates Tail • 839 84. Dower 8^2 85. Conveyance of Real Estate by Married Women 854. 86. Partition and Sale of Real Estate 857 87. Mortgages of Pteal Estate 867 88. Limitation of Actions and Suits respecting Real Properly 868 89. Registry Act 881 90. Transfer of Real Property 902 91. Short Forms of Conveyances 905 92. " Leases 910 93. Survey of Lands 914 TITLE 12. CRIMINAL LAW (See also Consolidated Statutes of Canada.) 94. Criminal Law of England continued 928 95. Apprehension of Fugitives escaping from other Colonies lb. 96. " " " Foreign Countries. 929 97. High Treason Tumults and Riotous Assemblies, and other offences 930 98. The protection of the inhabitants of U. C. from lawless aggression 933 99. Illegal Drilling or Practice in the use of Fire Arms 934 100. Seduction of Soldiers or Sailors to desert Her Majesty's Service j- , 936 IDl. Forgery and Perjury 937 102. Punishment of persons illegally solemnizing Marriage. 9^9 103. Slander and Libel 940 104. Profanation of the Lord's Day 943 105. Petty Trespasses 947 106. County Attorneys 94,8 107. Proceedings to Outlawry in Criminal cases 951 108. Prosecution in cases of Misdemeanor 955 109. To facilitate Despatch of Rusiness before Grand Juries. 956 110. To allow any person indicted a Copy of the Indictment. 957 111. Amendments of Trial ; 958 112. Reservation of points of Law in Criminal Cases lb. 113. Appeals in Criminal Cases 961 114. " Cases of Summary Conviction 963 115. Commuting Sentence of Death 965 116. Corruption of Blood Jb. 117. Estreats 966 118. Appropriation of Fines 97Q 119. Fees of Counsel and other Officers 971 Classified Table of Consol. Stats, for U. C. vU Chapter. Page. 120. Expenses of the Administration of Justice 975 121. Expenditure of County Funds 980 122. Support of Insane Destitutes 981 123. Costs of levying Distresses for Small Rents and Penalties 982 124. Return of Convictions and Fines, Sec 985 125. Inquests by Coroners 988 126. Protection of Justices of the Peace from Vexatious Actions 991 127. Court Houses, G^aols, and Houses of Correction 995 TITLE 13. , ADMINISTRATION OF JUSTICE IN UNORGANIZED TRACTS. 128. Administration of Justice in Unorganized Tracts 997 SCHEDULES, &c. Schedule A 1041 « B 1055 " C 1103 General Index 1133 Corrections 1229 (See also Schedules A., B. Sf C. Consolidated Statutes of Canada.) PROVINCE OF ) i:^ ri WB TT p*i « « IP * « CANADA. \ EtUMV ^ D HEAD. VIC" R I A J by the grace of God, of the United Kingdom of Great Britain and Ireland, Queen, Defender of the Faith, &c., Sec, &c. To all to whom these presents shall come — Greeting : Jno. a. Macdonald, ) "ITT HEREAS in and by acertain Act ofthe Legislature Att-i/. Genl. \ VV of the Province of Canada, passed in the Twenty- second year of Her Majesty's Reign, and intituled, "An Act respecting the " Consolidated Statutes for Upper Canada," it is amongst other things enacted that " The printed Roll attested as that of the Public General Statutes which apply exclusively to Upper Canada, revised, classified and consolidated, under the signature of His Excellency the Governor General, that of the Clerk of the Legislative Council and that of the Clerk of the Legislative Assembly, and deposited in the office ofthe Clerk ofthe Legislative Council, shall be held to be the original thereof, and to embody the several Acts and parts of Acts men- tioned as to be repealed in the Schedule A thereto annexed ; but the marginal notes thereon, and the references to former enactments at the foot ofthe several sections thereof, form no part of the said Statutes and shall be held to have been inserted for convenience of reference only, and may be omitted or cor- rected, and any mis-print or clerical error in the said Roll may also be corrected, — in the Roll hereinafter mentioned ;" That " The Governor may select such Acts and parts of Acts passed during the present Session, as he may deem it advisable to incorporate with the said Statutes contained in the said first mentioned Roll, and may cause them to be so incorporated therewith, adapting their form and language to those of the said Statutes (but without changing their efiect), inserting them in their proper places in the said Statutes," striking out ofthe latter any enactments repealed by or inconsistent with those so incorporated, altering the numbering ofthe chapters and sections, if need be, and adding to the said Schedule A a list of the Acts and parts of Acts ofthe present Session so incorporated as aforesaid ; and the Governor may direct that all sums of mon^y stated in the said Roll in Halifax currency, be converted into dollars and cents, in all cases where it can be conveniently done ;" That " So soon as the said incorporation of such Acts and parts of Acts with the said Statutes, and the said addition to the said Schedule A shall have been com- pleted, the Governor may cause a correct printed Roll thereof attested under his signature and countersigned by the Provincial Secretary, to be deposited in thejoffice ofthe Clerk of the Legislative Council, which Roll shall be held to , be the original thereof, and to embody the several Acts and parts of Acts men- tioned as repealed in the amended Schedule A thereto annexed ; any marginal notes however, and references to former enactments which may appear thereon being held to form no part of the said Statutes but to be inserted for convenience of reference only ;" That " The Governor in Council, after such deposit ofthe said last mentioned Roll, may, by Proclamation, declare the day on, from and after which the same shall come into force and have efiect as law by the designation of" The Consolidated Statutes for Upper Canada ;" And that " On from and after such day, the same shall accordingly come into force and effect as and by the designation of " The Consolidated Statutes for Upjier Canada," to all intents as though the same were expressly embodied in and enacted 'by this Act, to come into furce and have effect on, from and after such day ; and on, from and after the same day, all the enactments in the several Acts and parts of Acts in u. c. sucb amended Schedule A mentioned as repealed shall stand and be repealed, — save only as hereinafter is provided ; " And Whereas the Right Honorable Sir Edmund Walker Head, Baronet, being Governor General of Our said Province of Canada, hath selected such Acts and parts of Acts passed during the Session of the Legislature of the Provinfce of Canada now last past, as he deemed it advisable to incorporate with the Statutes contained in the printed roll attested as that of the Public General Statutes which apply exclusively to Upper Canada, revised, classified and consolidated, under his signature, that of the Clerk of the Legislative Council, and that of the Clerk of the Legislative Assembly, and deposited in the ofiice of the Clerk of the Legislative Council, and hath caused them to be so incorporated therewith, adapting their form and language to those of the said Statutes, (but without changing their effect,) hath caused them to be inserted in their proper places in the said Statutes, striking out of the latter such enactments as are repealed by, or are inconsistent with those so incorporated, and hath caused the numbering of the Chapters and Sections to be altered, as was necessary, and hath caused to be added to the Schedule A a list of the Acts and parts of Acts of the said Session so incor- porated as aforesaid, and hath caused all sums of money stated in the said Roll in Halifax currency, to be converted into dollars and cents, in all cases where it could be conveniently done ; and so soon as the said incorporation of such Acts and parts of Acts with the said Statutes and the said addition to the said Schedule A was completed, hath caused a correct printed roll thereof, attested under his signature and countersigned by the Provincial Secretary, to be deposited in the office of the Clerk of the Legislative Council ; And Whereas the provisions contained in the first three sections of the said Act have been thus duly carried into effect ; And Whereas Our said Governor, after such deposit of the said last mentioned Roll, by and with the advice and consent of Our Executive Council for the said Province, hath declared the FIFTH day of DECEMBER next as the day on, from and after which the same shall come into force a'nd have efiect as law by the designation of" The Consolidated Statutes for Upper Canada j" Now Know Ye, that by and with the advice of Our Exe- cutive Council of the said Province of Canada, We do, by this Our Royal Pro- clamation, declare that on, from and after the FIFTH day of the month of DECEMBER now next ensuing, the said last mentioned Roll attested under the signature of Our said Governor of Our Province of Canada, countersigned by the Provincial Secretary and deposited in the office of the Clerk of the Legislative Council of Ihe said Province as aforesaid, shall come into force and have efiect as law by the designation of" The Consolidated Statutes for Upper Canada," to all intents as though the same were expressly embodied in and enacted by the said Act. Of all which Our loving subjects of Our said Province and all others whom these presents may concern, are hereby required to take notice, and to govern themselves accordingly. In Testimony Whereof, We have caused these Our Letters to he made Patent, and the Great Seal of Our said Province of Canada to be hereunto affixed : Witness. Our Right Trusty and Well-Beloved the Right Honorable Sir Edmund Walker Head, Baronet, One of Our Most Honorable Privy Council, Governor General of British North America, and Captain General and Governor in Chief in and overOur Pro- vinces of Canada, Nova Scotia, New Brunswick and the Island of Prince Edward, and Vice Admiral of the same. Sec, Sec, Sec At Our Government House, in Our CITY of QUEBEC, in Our said Province of Canada, this NINTH day of NOVEMBER, in the year of Our Lord, one thousand eight hundred and fifty-nine, and in the Tventy-thitd year of Our Reign. •' By Command, CHARLES ALLEYN, Secretarif. THE CONSOLIDATED STATUTES FOR UPPER CANADA. TITLE I. PRELIMINARY PROVISIONS. CAP. I. An Act respecting the Consolidated Statutes for Upper Canada. [Assented to 4th May, 1859.] WHEREAS it has been found expedient to revise, classify Preamble. and consolidate the Public General Statutes which apply exclusively to Upper Canada, including both those passed by the Legislature of the late Province of Upper Canada, and those passed by the Parliament of Canada ; — And whereas such revision, classification and consolida- tion have been made accordingly ; And whereas it is ex- pedient to provide for the incorporation therewith of the Public General Statutes passed during the present Session in so far as the same affect Upper Canada exclusively, and for giving the force of law to the body of Consolidated Statutes to result from such incorporation : Therefore, Her Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows : 1. The printed Roll attested as that of the said Statutes so Original RoU of revised, classified and consolidated as aforesaid, under the fj^&e.yto'hl' signature of His Excellency the Governor General, that of the certified and Clerk of the Legislative Council and that of the Clerk of the ^«P°^^^^- Legislative Assembly, and deposited in the ofKce of the Clerk of the Legislative Council, shall be held to be the original thereof, and to embody the several Acts and parts of Acts mentioned as to be repealed in the Schedule A thereto an- nexed ; but the marginal notes thereon, and the references to As^to mls?*"^' A former pSnte, &c" Cap. 1. Consolidated Statutes for U. C. 22 Vict. Governor may cause the le- gislation of this Session to be incorporated with the Sta- tutes in the said Roll. former enactments at the foot of the. several sections thereof form no part of the said Statutes, and shall be Jield to have been inserted for convenience of reference only, and may be omitted or corrected, and any mis-print or clerical error in the said Roll may also be corrected,— in the Roll hereinafter mentioned. S. The Governor may select such Acts and parts of Acts passed during the present Session, as he may deern it advisa- ble to incorporate with the said Statutes contained in the said first mentioned Roll, and may cause them to be so incorporated therewith, adapting their form and language to those of the said Statutes (but without changing their effect), inserting them in their proper places in the said Statutes, striking out of the latter any enactments repealed by or inconsistent with those so incorporated, altering the numbering of the chapters and sec- tions, if need be, and adding to the said Schedule A a list of the Acts and parts of Acts of the present Session so incorporated as aforesaid ; and the Governor may direct that all sums of money stated in the said Roll in Halifax currency, be convert- ed into dollars and cents, in all cases where it can be con- veniently done. 3. So soon as the said incorporation of such Acts and parts of Acts with the said Statutes, and the said addition to the said Schedule A shall have been completed, the Governor may cause a correct printed Roll thereof attested under his signature and countersigned by the Provincial Secretaryj to be deposited in the ofiBce of the Clerk of the Legislative Council, which Roll shall be held to be the original thereof, and to em- body the several Acts and parts of Acts mentioned as repealed in the amended Schedule A thereto annexed ; any marginal notes however, and references to former enactments which may appear thereon being held to form no part of the said Sta- tutes but to be inserted for convenience of reference only. Proclamation 4. The Govcmor in Council, after such deposit of the said ibr bringing the last mentioned Roll, may, by Proclamation, declare the day on. Statutes into irotn and after which the same shall come into force and have j'o'[^«_^™^ ii cer- effect as law by the designation of " The Consolidated Statutes for Upper Canada." S. On, from atid after such day, the same shall accordingly come into force and effect as and by the designation bf " The Consolidated Statutes for Upper Canada," to all inteiits as though the same were expressly embodied in and enacted by this Act, to come into force and have effect on, from and after such day ; and on, from and after the same day, all the enact- ments in the several Acts and parts of Acts in such amended Schedule A mfentidned as repealed, shall stand and be repealed, save only as hereinafter is provided. «J. The repeal of the said Acts and parts of Acts shall :aot revive any Act or provision of law repealed by them ; nor shall the said repeal prevent the effect of any saving clause in the said Certified Roll including the legislation of the present Session to be deposited and serve as the original there- of. tain day. On and after that day, they shall be in force — and the enactments embodied in them, repealed, Exception. Saving as to transactions, &c., anterior to the repeal. 1859. Consolidated Statutes for U. C. Cap. 1. 3 said Acts and parts of Acts, or the application of any of the said Acts or parts of Acts or of any Act or provision of laws formerly in force, — tp.any transaction, matter or thing anterior to the said repeal, to which they would otherwise apply. 7. The repeal of the said Acts and parts of Acts shall not Ceriainmattera nffont anterior to the aneoi , rej^eal not to be 1 !• r • • 1 aflected by it, — 1. Any penalty, lorieiture or liability, civil or criminal, m- penalties, &c. curred before the time of such repeal, or any proceedings for enforcing the same, had, done, completed or pending at the time of such repeal, — 2. Nor any indictment, information, conviction, sentence or ifldictmente, prosecution had, done, completed or pending at the time of such '^'^■ repeal,— 3. Nor any action, suit, judgment, decree, certificate, execu- Actions &e. tion, process, order, rule or any proceeding, matter or thing whatever respecting the same, had, done, made, entered, granted, completed, pending, existing, or in force at the time of such repeal, — 4. Nor any act, deed, right, title, interest, grant, assurance, Acts, deedsj descent, will, registry, contract, lien, charge, matter or thing, "shts, 8eo. had, done, made, acquired, established or existing at the time of such repeal, — 5. Nor any office, appointment, commission, salary, allow- offices, &c. ance, security, duty, or any matter or thing appertaining thereto, at the time of such repeal, — 6. Nor any marriage, certificate or registry thereof, lawfully Marriages, &c. had, made, granted or existing before or at the time of such repeal, — 7. Nor shall such repeal defeat, disturb, invalidate or pre- Any other mat- judicially affect any other matter or thing whatsoever, had, ters, &c, done, completed, existing or pending at the time of such repeal ; 8. But every Butthesameto remain valid, Such penalty, forfeiture and liability, and every such Indictment, information, conviction, sentence and prosecu- tion, and every such Action, suit, judgment, decree, certificate, execution, process, order, rule, proceeding, matter or thing, and every such Act, deed, right, title, interest, grant, assurance, descent, will, registry, contract, lien, charge, matter or thing, and every such a2 Office, &c. 4 Cap. 1. Consolidated Statutes for U.C. 22 Vict. Office, appointment, commission, salary, allowance, security and duty, and eveiy such Marriage, certificate and i-egistry, and every such other matter and thing, and the force and effect thereof, respect- ively. And may be May and shall, both at law and in equity, remain and con- enforc«], &o., tinue as if no such repeal had taken place, and. so far nnd under what j i. ii i_ J j ' ^ j laws. as necessary, may and shall be contmued, prosecuted, enforced and proceeded with under the said Consolidated Statutes and other the Statutes and Laws having force in Upper Canada, so far as applicable thereto, and subject to the provisions of the said several Statutes and Laws. Consolidated 8. The said Consolidated Statutes shall not be held to Statutes not to operate as new laws, but shall be construed and have effect as a be deemed new ^ ,. ^ . iii r-ii -I'l -Laws. consolidation and as declaratory of the law as contained in the said Acts and parts of Acts so repealed, and for which the said Consolidated Statutes are substituted. Howfconstrued ®- Bit if upon any point the provisions of the said Consoli- if in any ease dated Statutes are not in effect the same as those of the re- the^repeaied°'" pealed Acts and parts of Acts for which they are substituted. Acts, &c. then as respects all transactions, matters and things subsequent to the time when the said Consolidated Statutes take effect, the provisions contained in them shall prevail, but as respects all transactions, matters and things anterior to the said time, the pro- visions of the said repealed Acts and parts of Acts shall prevail. As to references 1©. Any reference in any former Act remaining in force, or Acts^ln former "^ ^"^Y instrument or document, to any Act or enactment so Acts, &c. repealed, shall after the Consolidated Statutes take effect, be held, as regards any subsequent transaction, matter or thing, to be a reference to the enactments in the Consolidated Statutes having the same effect as such repealed Act or enactment. As to effect of H- The insertion of any Act in the said Schedule A shall insertion of an not be construed as a declaration that such Act or any part of duie^A. " ^^ it was or was not in force immediately before the coming into force of the said Consolidated Statutes. Copies by ^®- Copies of the said Consolidated Statutes printed by the Queen'sPrinter Queen's Printer from the amended Roll so deposited, shall be to be evi ence. j-ggg^ygd as evidence of the said Consolidated Statutes in all Courts and places whatsoever. French, As to trans- ^3. It shall not be necessary that the said Consolidated Jat'on^nio Statutes for Upper Canada be translated into French ; but the Governor may, in his discretion, cause a translation to be made and printed at any time hereafter. 14. 185&. Consolidated Statutes for U. C. Cap. 1, 2. 5 14. The laws relating to the distribution of the printed As to distribu- copies of the Statutes shall not apply to the said Consolidated '^'°" °''=°P'es- Statutes, but the same shall be distributed in such numbers and to such persons only, as the Governor in Council may direct. 15. This Act shall be printed with and shall form the first This Act to Chapter of the said Consolidated Statutes, and shall be subject c™sohd!it^ to the rules of construction prescribed in the second Chapter Statutes. thereof; — And any Chapter of the said Statutes may be cited How they may and referred to in any Act and proceeding whatever. Civil and !)« cited. Criminal, either by its title as an Act, — or by its number as a Chapter in the copies printed by the Queen's Printer, — or by its short title. CAP. II. An Act respecting the Interpretation of certain words and terms therein mentioned. TO prevent the unnecessary multiplication of words and to give definite meanings to certain words and expressions which may be provided for by a General Law : Her Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows : 1 . The foregoing Act, this Act and the following series of Acts What to con- shall apply to Upper Canada only and shall constitute the Con- consoli'daSf solidated Statutes of Upper Canada exclusively ; and in plead- statutesofUp- ing, citing or otherwise referring to them or any of them, it P^'' '-'''"*''*•" shall be sufficient to use the expression " The Consolidated Statutes for Upper Canada," adding the Chapter when neces- sary. 2. Unless otherwise declared or indicated by the context — Meaning o( the The words " Her Majesty " " The Queen " or " The Crown," ^^^^^ 7,T.The wherever used in the Consolidated Statutes of Upper Canada down." shall mean Her Majesty, Her Heirs and Successors. 3. Theword "Governor" shall include the Governor, Lieu- Meaning ofthe tenant Governor, or person administering the Government. Gorernor^''^ 4. The word " Proclamation " when not otherwise expressed, Meaning ofthe shall mean a Proclamation under the Great Seal of Canada, word "Procla- the word " Great Seal " shall mean the " Great Seal of this '"*"°"' Province." 5. When the Governor is authorized to do an Act by Pro- WhenProoia- clamation, it shall, unless otherwise expressed, mean a Procla- "y order'in^ mation issued under the Great Seal by order of the Governor Council. in Council. * 6. 6 The words " Upper Cana- da." The word « County." The words , " Superior Courts." The words " Superior Courts of Com- mon Law." Cap. 2. Interpretation. 22 Vict. 6. The words " Upper Canada" shall mean that part of this Province which formerly constituted the Province of Upper Canada. 7. The word " County " shall include United Counties. 8. The words " Superior Courts " shall mean the Court of Queen's. Bench, the Court of Common Pleas and the Court of Chancery. 9. The words "Superior Courts of Common Law "shall mean the two former, and " Court of Equity " shall mean the Court of Chancery. As to Number 1®- Words importing the Singular Number or the Masculine or Gender. Gender shall include more persons, parties or things of the same kind than one, and females as well as males — and the converse. 7 W. 4, c. 14. The Interpre- tation Clause of the Munici- pal Act ap- plied. i 1 . The interpretation clause of the Act respecting Muni- cipal Institutions shall, so far as the terms explained are res- pectively applicable, extend to each of the following Conso- lidated Statutes which relate to any such Municipalities. The word " Person." 12. The word " Person " shall include any body corporate or politic, or party, and the heirs, executors, administrators or other legal representatives of such person to whom the context applies. The words ^3- The word " Month " shall mean a Calendar month, and " Month and the word " Year " a Calendar year. Year."' ■' The words " Oath, Affir- mation, ice," t'4}. The word " Oath " shall mean any oath lawfully admi- nistered, and shall include a Solemn Affirmation whenever an affirmation may be made instead of an oath, and in like cases the word " Sworn " shall include the word " Affirmed." Who may ad- minister oath, &o. The words " JuatiGcs of i the Peace." ■ 15. In every case where an oath or affirmation is^ directed or authorized to be made before any Court, person or officer, such Court, person or officer shall have full power and authority to take and administer the oath or affirmation ; and the wilful and corrupt making of any false statement in any such oath or affirmation, shall be wilful and corrupt perjury, and the wilful and corrupt making of any false state- ment in any declaration required or authorized by any of the Consolidated Statutes of Upper Canada, shall be a misdemeanor punishable as wilful and corrupt perjury. 16. The words "Justice of the Peace," shall include Magistrate or two or more Justices of the Peace or Magistrates assembled or acting together; and if any thing be directed to be done by or before a Magistrate or a Justice of the Peace or other, Public Officer or Functionary, it shall be done by or'before one whose> jurisdiction or powers extend to the place where such thing is to 1859. Interpretation. Cap. 2, 3, 7 to be done,, and whenever power is given to any person, Officer or Functionary toido ov enforce any apt or thing, all necessary powers to enable him to do or enforce such act or thing shall be implied. IT. When any act or thing is required to be done by a majority to more than two persons, a majority of them shall be sufficient, ru™^*^"°' unless otherwise specially provided. 18. Unless otherwise provided or there be something in the Unless other- context or other provisions of the Act indicating a different '^'^° provided. meaning oi calling for a different construction : 1. The law in the last Act, and in the following series of Acts, The Acts to be is to be considered as always speaking, and whenever any a°waysspeak- matter or thing is expressed in the present tense, the same is ing. to be applied to the circumstances as they arise, so that effect may be given to each Act and every part thereof according to its spirit, true intent and meaning ; * 2. The word " shall " is to be construed as imperative and Force of words the word " may " as permissive; «mav" 3. Whenever the word " herein " is used in any section of Andofhere- an Act, it shall be understbod to relate to the whole Act, and '"•" not to that section only. 1©. The provisions contained in the Interpretation Act Theinterpre- of Canada, and not contained in this Act, shall also apply to c^'°"j^°^°' the Consoli4ated Statutes for Upper Canada, as if incorpojat- apply. ed herein. TITLE 2. TERRITORIAL DIVISIONS. CAP. III. An Act respecting the Territorial Division of Upper Canada. HER Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada^ enacts as follows : COUNTIES. 1. The Territorial Division of Ujpper Canada into. Counties Existing or- shall continue as at present, and such Counties respectively ^"^jf^u^" shall ''™ 8 Cap. 3. Territorial Division. 22 Vict. shall consist of the several Townships hereinafter mentioned as forming such Counties, including in the said Townships and Counties the Cities, Towns and Incorporated Villages situated within the limits of such Townships and Counties respectively, and including in certain of such Counties other lands as herein- after mentioned. 14, 15 V. c. 5, s. 1,—See 38 G. 3, c. 6,-2 G. 4, c. 3,-12 V. cc. 11, 78, 79. Glengarry. 1.— THE COUNTY OF GLENGARRY, Shall consist of the Townships of — 1. Charlottenburgh, 3. Lancaster, and 2. Kenyon, 4. Lochiel. Stormont. 2.— THE COUNTY OF STORMONT, Shall consist of the Townships of — 1. Cornwall, 3. Osnabruck, 2. Finch, 4. Roxborough, And the Town of. 1. Cornwall. Prescott. 3.— THE COUNTY OF PRESCOTT, Shall consist of the Townships of— 1. Alfred, 5. Longueuil, 2. Caledonia, 6. Plantagenet North, 3. Hawkesbury East, 7. Plantagenet South, 4. Hawkesbury West, And the Town of. 1. L'Orignal. Hossell. 4.— THE COUNTY OF RUSSELL, Carlelon. Shall consist of the Townships of— 1. Clarence, 3. Cambridge,'and 2. Cumberland, 4. Russell. 5. THE COUNTY OF CARLETON, Shall consist of the Townships of — 1. Fitzroy, 6. March, 2. Goulburn, 7. Marlborough, 3. Gower North, 8. Nepean, 4. Gloucester, 9. Osgoode, 5. Huntley, lo. Tarbolton, The City of. . . . . , l. Ottawa, And the Village of. ]. Richmond. 6.— 1859. Territorial Division. 6.— THE COUNTY OF RENFREW, Cap. 3. Renfrew. Shall consist of the Townships of— 1. Admaston, 15. McNab, 2. Alice, 16. Miller, 3. North Algonaj 17. Matawatchan, 4. South Algona, 18. McKay, 5. Blithfield, 19. Pembroke, 6. Bagot, 20. Petawawa, 7. Bromley, 21. Ross, 8. Buchanan, 22. Rolph, 9. Brougham, 23, Stafford, 10. Canonto, 24. Sebastopol, 11. Eraser, 25. Westmeath, 12. Grattan, 26. Wylie, and 13. Griffith, 27. Wilberforce, 14. Horton, And the Villages of. . . . 1. .. . 1. Renfrew, O 2. Pembroke. 7.— THE COUNTY OF,[LANARK, Shall consist of the TownshiJ)s of- 1. North Burgess, 8. Lanark, 2. Bathurst, 9. Lavant, 3- Beckwith, 10. Montague, 4. Drummond, 11. Pakenham, 5. Dalhousie, 12. Ramsay, 6. Darling, 13. Sherbrooke North, 7- Elmsley North, 14. Sherbrooke South, The Town of. , 1. Perth, And the Village of. . 1. Smith's Falls. Lanark. 8.— THE COUNTY OF DUNDAS, Dundat. Shall consist of the Townships of — 1. Mountain, 3. Winchester, 2. Matilda, 4. Williamsburgh, And the Village of. 1. Iroquois. 9. THE COUNTY OF GRENVILLE, Grenville. Shall consist of the Townships of — 1. Augusta, 4. Oxford, (on Rideau,) 2. Edwardsburgh, 5- Wolford, 3. Gower South, The Town of. , 1. Prescott, And the Village of. 1. Kemptville. 10.— THE COUNTY OF LEEDS, Leeds. Shall consist of the Townships of— 1. Burgess, 2. Bastard, 10 Cap. 3. Territorial Division. 22 Vict. 3. Front of Escott, 4. North Crosby, 5. South Crosby, 6. Elmsley, 7. Elizabethtown, 8. Kitley, And the Town of. 9. Front of Leeds and Lans- downe, 10. Rear of Leeds' and Lans- downe, 11. Front of Yonge, ■ 12. Rear of Yonge and ?;s,cott, . 1, Brockville. Frontenac. 11.— THE COUNTY OF FRONTENAC, Shall consist of the Townships of — 1. Barrie, 8. Loughborough, 2. Bedford, 9. Olden, 3. Clarendon, 10. Oso, 4. Howe Island, 11. Portland, 5. Hinchinbrooke, 12. Palmerston, 6. Kennebec, 13. Pittsburgh, 7. Kingston, 14. Storrington, 15. Wolfe Island, (including Simcoe Island, Garden Island, Horse Shoe Island a«d Mud Island,) And the City of. •'•.••• 1. Kingston. AddlQ^on. 12.— THE COUNTY OF ADDINGTON, Shall consist of the Townships of — 1. Anglesea, 4. Ernesttown, 2. Amherst Island, 5. Kalader, and 3. Camden, 6. Sheffield. Jjcnnox. 13.— THE COUNTY OF LENNOX, Shall consist of the Townships of— 1. Adolphustown, 3. South Fredericksburgh, 2. North Fredericlcsburgh, 4, Richmond, And the Village of. 1. Napanee. PrineeEdward. 14.— THE COUNTY OF PRINCE EDWARD, Shall consist of the Townships of— 1. Athol, 4, Hallowell, 2. Ameliasburgh, 5. Marysburgh, 3. Hillier, 6. Sophiasburgh, And the Town of. 1. Picton. Hastings. IS.^THE COUNTY OF HASTINGS, Shall consist of the Townships of — 1. Bangor, 5. Elzevir, 2. Carlow, 6. Farady, 3. Cashel, 7. Grimsthorpe, 4. Dunganan, 8. Herschel, 1859. Territorial Division. Cap. 3, Jl 9. Huntingdon, 10. Hungerford, 11. Lake, 12. Limerick, 13. McClure, 14. Madoc, 15. Marmora, 16. Mayo, The Town of And the Village of 17. 18. Monteagle, Rawdon, 19. 20. 21. Sidney, Tyendinaga, Thnrlow, 22. Tudor, 23. Wicklow, 24, , Wollaston, , 1. Belleville, 1. Trenton. o 16.— THE COUNTY OF NORTHUMBERLAND, Northumber- land. Shall consist of the Townships of — 1. Alnwick, 6. Murray, 2. Brighton, 7. Monaghan South, 3. Cramahe, 8. Percy, 4. Haldimand, 9. Seymour, 5. Hamilton, And the Town of. 1. Cobourg. 17.— THE COUNTY OF DURHAM, j,^^^^^,^ Shall consist of the Townships of — I. Clarke, 4. Darlington, C.q,van,, 5. Hope, 3. C.$.rtwright, 6. Man vers. The, Towns of. 1. Port Hope, 2. Eowmanville, Andthe Village of 1. Newcastle- 18;— THE COUNTY OF PETERBOROUGH, Peterborough. Shall consist of the Townships of — 1. Asphodel, 15. Glamorgan, 2. Anstruther, 16. Guilford, 3. Belmont, 17. Harburn, 4. Bruton, 18. Harcourt, 5. Burleigh, 19. Harvey, 6. Cardiff, 20. Minden, 7. Cavendish, 21. Methuen, 8. Chandos, 22. Monaghan North, 9. Douro, 23. Monmouth, 10. Dudley, 24. Otoaahee, II. Dummer, 25. Smith, 12. Dysart, 26. Snowdon, 13. Ennisraore, 27. Stanhope, ^ ,14. Gal way. And the Town of. 1. Peterborough, Village 1. Ashburnham. 19.— 1 2 Cap- 3. Territorial Division. 22 Vict. Victoria. 19.— THE COUNTY OF VICTORIA, Shall consist of the Townships of — 1. Anson, 11. Laxton, 2. Bexley, 12. Longford, 3. Garden, 13. Lutterworth, 4. Dalton, 14. Macaulay, 5. Digby, 15. Mariposa, 6. Draper, 16. Oakley, 7. Eldon, 17. Ops. 8. Emily, 18. Ryde, 9. Fenelon, 19. Somerville, 10. Hindon, 20. Verulam, And the Town of 1. Lindsay. Simcoe. 20.— THE COUNTY OF SISICOE, Shall consist of the Townships of — 11. Mono, 12. Nottawasaga, 13. Orillia, 14. Oro, 15. Robinson, 16. Sunnidale, 17. Tay, 18. Tiny, 19. Teciimseth, 20. Tossorontio, 21. Vespra, together with (ex- clusive of the Townships of Balaklava, Muskoka and Robinson) the tract of land bounded on the east by the line between the late Home and Newcastle Districts prolonged to French River, on the west by Lake Huron, on the north by French River, an*d on the south by the River Severn and the Township of Rama, and the Islands in Lakes Simcoe and Huron, lying wholly or for the most part opposite to the said County of Simcoe, or any part thereof and contiguous thereto. And Towns of. 1 . Barrie, 2. Bradford, and 3. Collingwood. York. 21.— THE COUNTY OF YORK, Shall consist of the Townships of — 1. Etobicoke, 6. Markham, 2. Gwillimbury East, 7. Scarborough, 3. Gwillimbury North, 8. Vaughan, 4. Georgina, 9. Whitchurch, 5. King, 10. York, The City of. 1. Toronto, And the Villages of. ... . 1 . Newmarket, 2. Yorkville. 22.— 1. Adjala, 2. Balaklava, 3. Essa, 4. Flos, 5. Gwillimbury West, 6. Innisfil, 7. Muskoka, 8. Matchedash, 9. Medonte, 10. JMulmnr, 1859 Territorial Division. 22.— THE COUNTY OF PEEL, Shall consist of the Townships of — 1. Albion, 4. Toronto, 2. Caledon, 5. Toronto Gore, 3. Chinguacoiisy, And the Villages of 1. Brampton, 2. Streetsville. 23.— THE COUNTY OF ONTARIO, Shall consist of the Townships of — 1. Brock, 6, Scngog, 2. Mara, 7. Scott, 3. Pickering, 8. Thora, 4. Rama, 9. Uxbridge, 5. Reach, 10. Whitby, 11. East Whitby, The Town of 1. Whitby, And the Village of 1. Oshawa. 24.— THE COUNTY OF HALTON. Shall consist of the Townships of— 1. Esquesing, 3, Nelson, 2. Nsissagaweya, 4. Trafalgar, And the Towns of. 1 . Milton, and 2. Oakville. 25.— THE COUNTY OF WATERLOO. Shall consist of the Townships of — 1. North Dumfries, 4. Woolwich 2. Waterloo, 5. Welleslev, 3. Wilmot, The Town of. 1. Gait, And the Villages of 1. Berlin, 3. Preston, and 2. New Hamburg, 4. Waterloo. 26.— THE COUNTY OF BRANT, Shall consist of the Townships of— 1. Brantford, 4. Onondaga, 2. Burford, 5. Oakland, 3. South Dumfries, 6. Tuscarora, And the Towns of 1. Brantford and 2. Paris. 27.— THE COUNTY OF WELLINGTON, Shall consist of the Townships of— - 1. Arthur, 3, Erin, 2. Amaranth, 4. Eraraosa, Cap. 3. 13 Peel. Ontario. Halton. Waterloo. Brant. Wellington. 14 Cap. 3. Territorial Division. 22 Vict. 5. Guelph, 10. Nichol, 6. Garafraxa, 11. Pilkington, 7. Luther, 12. Pnslinch, 8. Maryborough, 13. Peel, 9. Minto, The T'own of. 1. Guelph, And the Villages of 1. Elora and 2. Fergus. Grey. 28.— THE COUNTY OF GEEY, Shall consist of the Townships of— 1. Artemesia, 10. Melancthon, 2. Bentinok, 11. Normanby, 3. Collingwood, 12. Osprey, 4. Derby, 13. Proton, 5. Euphrasia, 14. Sydenham, 6. Egremont, 15. Saint Vincent, 7. Glenelg, 16. Sullivan, 8. Holland, 17. Sarawak, together with 9. Keppel, (exclusive of the Town- ships of Keppel and Sarawak) that portion of the Penin- sular Tract of land known as the Indian Reserve, and situated between lines drawn northward from the north- east angle of Arran and the north-west angle of Derby, until they respectively strike Colpoy's Bay on the east side of the Indian Village, and waters of the Georgian Bay, and the Islands contiguous thereto, And the Town of 1. Owen Sound. Bruce. 29.— THE COUNTY OF BRUCE, Shall consist of the Townships of — 1. Arran, 9. Elderslie, 2. Amable, 10. Greenock, 3. Albemarle, 11. Huron, 4. Brant, 12. Kinloss, 5. Bruce, 13. Kincardine, 6. Culross, 14. Lindsay, 7. Carrick, 15. Saugeen, 8. Eastnor, 16. St. Edmund, together with all that portion of the Peninsular Tract of land known as the Indian Reserve, and not included in the Coxinty of Grey, and the Islands in Lake Heron and the Georgian Bay contiguous thereto, And the Villages of . ... 1 . Walkerton, 2. Southampton. Huron. 30.— THE COUNTY OF HURON, Shall consist of the Townships of— 1. Ashfield, 3. Colborne, 2. Biddulph, 4. Grey, 1«59. Territorial Division. Cap. 3. I5., 5. Goderich, 12. Stephen, 6. Hay, 13. Stanley, 7. Howick, 14. Tumberry, 8. Hullett, 15. Tuckersmith, 9. McGillivray, 16. Usborne, 10. McKillop, 17. Wananosh, 11. Morris, The Town of... ■ • • • < . 1. Goderich, And the Village ( Df... . 1. Clinton. 31.— THE COUNTY OF PERTE Shall consist of the Toxn^nships of — I. Blanchard, 6. Elma, 2. Downie, including the Gore 7. FullartoH, of Downie, 8. Hibbert, 3. Ellice, 9. Logan, 4f. Easthope North, 10. Mornington, 5. Easthope South, 11. Wallace, The Town of. . . , 1. Stratford, And the Villages lOf 1. Mitchell, 2. St. Marys. Perth. 32.— THE COUNTY OF LAMBTON. Lambton. Shall consist of the Townships of — 1. Bosanquet, 8. Sarnia, 2. Brooke, 9. Sombra, including Walpole 3. Dawn, l(\ov 70 o^ Island, St. Anne's Island, 4. Euphemia, \^ '^' '*' v and the other Islands at the 5. EnnLskillen, mouth of the river St. 6. Moore, Clair, 7. Plympton, 10. Warwick, And the Town of 1. Port Sarnia. 33.— THE COUNTY OF KENT, Kent. Shall consist of the Townships of — 1. Camden, 7. Orford, 2. Chatham, 8. Raleigh, 3. Dover East, 9. Romney, 4. Dover West, 10. TilbUry East, 5. Howard, 11. Zone, 6. Harwich, And the Town of. ... . 1 . Chatham, 34.— THE COUNTY OF ESSEX, Essex. Shall consist of the Townships of — 1. Anderdon, 4. Mersea, 2. Colchester, .5. Maidstone, 3. Gosfield, 6. Maiden. 7. ifi Cap. 3. 7. Rochester, 8. Sandwich, » And the Towns of 1. Amherstburgh, 2. Sandwich, and Territorial Division. 9. Tilbury West, 3. Windsor. 22 Vict. Elgin. 35.— THE COUNTY OF ELGIN. Shall consist of the Townships of — 1. Aldborough, 5. South wold, 2. Bayham, 6. South Dorchester, 3. Dunwich, 7. Yarmouth, 4. Malahide, And the Villages of 1. St. Thomas, and 2. Vienna. Middlesex. 36.— THE COUNTY OF MIDDLESEX. Shall consist of the Townships of— 1. Adelaide, 7. London, 2. Carradoc, 8. Mosa, 3. North Dorchester, 9. Metcalfe, 4. Delaware, 10. Nissouri West, 5. Ekfrid, 11. West Williams, 6. Lobo, 12. East Williams, 13. Westminster, And the City of 1. London. Norfolk. 37.— THE COUNTY OF NORFOLK. Shall consist of the Townships of — 1. Charlotteville, 5. Windham, 2. Houghton, 6. Woodhouse, 3. Middleton, 7. Walsingham, including Long 4. Townsend, Point, And the Town of 1. Simcoe. 0:£ford. 38.— THE COUNTY OF OXFORD. Shall consist of the Townships of — 1. Blenheim, 7. Oxford North, 2. Blandford, 8. Oxford East, 3. Dereham, 9. Oxford West, 4. North Norwich, 10. Zorra East, 5. South Norwich, 11. Zorra West, 6. Nissouri East, The Town of 1 . Woodstock, And the Villages of. ... 1. Ingersoll, 2. Embro. 39.- 1859. Territorial Division. Cap. 3. jy 39.— THE COUNTY OF HALDIMAND, Haldimand. Shall consist of the Townships of — 1. North Cayuga, 6. Oneida, 2. South Cayuga, 7. Rainham, 3. Canborough, 8. Seneca, 4. Dunn, 9. Sherbrooke, 5. Moulton, 10. Walpole, And the Village of.. . . 1. Caledonia. 40.— THE COUNTY OF WELLAND, WeUand. Shall consist of the Townships of — 1. Bertie, 5. Stamford, 2. Crowland, 6. Thorold, 3. Humberstone, 7. Willoughby, 4. Pelham, 8. Wainfleet, The Town of. 1. Clifton, And the Villages of— 1. Chippewa, 4. Thorold, and 2. Fort Erie, 5. Welland, 3. Merrittsville, 41.— THE COUNTY OF LINCOLN, Lincoln. Shall consist of the Townships of— 1. Clinton, 5. Gainsborough, 2. Caistor, 6. Louth, 3.- Griinsby, 7. Niagara, 4. Grantham, And the Towns of— 1. Niagara, 3. St. Catherines. 2. Queenston, and 42.— THE COUNTY OF WENTWORTH, Wentworth. Shall consist of the Townships of — 1. Ancaster, 5. Flamborough East, 2. Beverly, 6. Flamborough West, 3. Binbrook, 7. Glanford, 4. Barton, 8. Saltfleet, The City of. 1. Hamilton, And the Town of 1. Dundas. UNITED COUNTIES. 3. For municipal, judicial and all purposes not otherwise provided for by law, the following Counties, already united, shall continue to form Unions of Counties, that is to say : 14, 16 V. c. 5, s. 2. United Coun- ties. 18 Cap, 3, Ttrritorial Division. 22 ViOT. 1. Frontenac, Lennox and Addington ; 2. Stormont, Dundas and Glengarry ; 3. Leeds and Grenville ; 4. Huron and Bruce ; 5. Lanark and Renfrew ; 6. Northumberland and Durham ; 7. Peterboro' and Victoria ; 8. Prescott and Russell ; 9. York and Peel : Cities not to be But, for municipal purposes, the Cities of — part ol Counties for municipal purposes, 1. Toronto, 2. Hamilton, 3. Kingston, 4. London, and 5. Ottawa, shall not form parts of the Counties of York, VVentworth, Fronte- nac, Middlesex and Carleton, within the limits whereof they are respectively situate, but shall, for municipal purposes, be Counties of themselves. 12 V. c. 78. COURTS IN UNITED COUNTIES. Names ofUnit- ed Counties. Courts to be held as former- And each of such Unions, under the name of the United Counties of and (naming them), shall, for all purposes (except as before excepted) so long as such Counties remain united, have in common, as if one County, all Courts, Offices and Institutions established by Law, pertain- ing to Counties. 3. The Courts of Assize and Nisi Prius, of Oyer and Terminer and Gaol Delivery, of Quarter Sessions of the Peace, County Courts, Surrogate Courts and Division Courts, shall be held in and for the said Counties and United Counties accord- ing to Law and the Statutes relating to such Courts respect- ively. COURT HOUSES GAOLS SCHOOL HOUSES. The property, officers, &c., continued. 4. The Court-houses and Gaols, County Grammar School- houses, and all other property, real and personal, and all the Offices and Officers of the Counties and United Counties, existing at the time this Act comes into force, shall belong to and con- tinue in the Counties and United Counties respectively of the like names under this Act, and, as respects such Unions, until the dissolution thereof under the provisions of the Act for the " Regulation of Municipal Institutions in Upper Canada." 12 V. c. 78, s. 37. TOWNSHIPS BOUNDED BY CERTAIN LAKES AND RIVERS. limits of town- &. The limits of all the Townships lying on the River St. shipsboundod Lawrence, Lake Ontario, the River Niagara, Lake Erie,the River Detroit, 1859. Territorial Division. Cap. 3. 29 Detroit, Lake St. Clair, the River St. Clair and Lake Huron, by certain shall extend to the boundary of the Province in such lake or Lakes and river, in prolongation of the outlines of each Township respect- ively ; and unless herein otherwise provided, such Townships shall also include all the Islands, the whole or the greater part of which are comprised within the said outlines so prolonged. 14, 15 V. c. 6, s. 11. TOWNSHIPS ON THE OTTAWA. 6. The limits of the Townships lying on the River Ottawa Limits oftown- shallin like manner extend to the middle of the main channel q'P^ °°^ ^^ thereof, and such Townships shall also include all the islands not herein otherwise provided for, the whole or the greater part of which are comprised within the said outlines so prolonged ; excepting always the Islands in front of the Seigniory of La Petite Nation and the Grand Calumet, and Grand and Little Allumettes Islands, which belong to Lower Canada, the middle of the main channel between the last named Islands, and the southerly bank of the Ottawa River, being the boundary between Upper and Lower Canada. TOWNSHIPS ON LAKE ST. FRANCIS AND RIVER ST. LAWRENCE. 7. The limits of the Townships in the County of Glengarry In Glengarry. shall in like manner extend to the middle of Lake St. Francis, and to the middle of the main channel of the River St. Lawrence, and unless herein otherwise provided, shall also include all the Islands, the whole or the greater part of which are comprised within the outlines of the said Townships so prolonged. TOWNSHIPS ON THE BAY OF QUINTE AND ON OTHER BAYS, LAKES AND RIVERS. 8. The limits of the Townships on the Bay of Quinte, the on Bay of River Trent and its Lakes, Lake Simcoe, the River Severn, the '^IJ'^'S' ^^^°'^ River Rideau and its Lakes, the River Thames, the Grand i^akes and River, and any other rivers, lakes and bays not hereinbefore Rivers, mentioned, shall in like manner extend to the middle of the said lakes and bays, and to the middle of the main channels of the said rivers respectively, and unless herein otherwise pro- vided, shall also include all the Islands, the whole or the greater part of which are comprised within the outlines of the said Townships so prolonged. CERTAIN ISLANDS EXCEPTED. 9. The last four preceding Sections shall not extend to any The last four Islands or parts of Islands which are Townships by themselves, ?ections not to or which have been expressly included in other Townships in teiagtown- the original surveys and plans thereof remaining of record in ^.'P^ of them- the office of the Commissioner of Crown Lands, or by Statute, but the same shall remain parts of such Townships respectively. B^ NEW 20 Cap. 3, 4. Territorial Division. 22 Vict. NEW TOWNSHIPS. New town- The Governor may constitute townships, counties and unions, &:c. 10. All tracts of land in Upper Canada not already included in any Township, from time to time by Proclamation erected into Townships, shall be subject to and have the benefit of all enactments and provisions of Law to which other Townships are subject or entitled by the Consolidated Statutes of Upper Canada or of Canada, unless clearly inapplicable to such new Township. 8 V. c. 7, s. 2. 1 1. Subject to the provisions of the Act respecting the Muni- cipal Institutions of Upper Canada, the Governor may, by Order in Council, issue a Proclamation under the Great Seal of the Province, to have force of law from a day to be named therein, and thereby constitute Townships and Counties, and Unions of Townships and Counties in those parts of Upper Canada in which Townships and Counties, or Unions thereof, have not been constituted, and may fix the metes and boundaries thereof. See 22 V. c. 99, s. 27. GORES OF LAND. The Governor may annex Gores. 12. The Governor may also, in like manner, annex any Gore, or small Tract of Land not included in the original survey or forming part of any Township, and not of sufficient extent to form a Township of itself, to any Town- ship, or partly to each of more Townships than one, to which it may be adjacent ; and such Gore or Tract shall thenceforward for all purposes form part of such Township or Townships. See Municipal Act, and 12 V. c. 11, s. 2. TITLE 3. EXECUTIVE GOVERNMENT. CAP. IV An Act respecting Government Debentures. HER Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada enacts as follows : GOVERNMENT DEBENTURES. Receiver Gen- 1- When by any Statute having force of Law in Upper eraltppay Canada, any money is granted to be paid out of the public S^onT-"^' revenues, or when by any such Statute the Government is hentures, by authorized to borrow money upon Debentures, such moneys G^TCraor.°" ^ shall be paid by the Receiver General, under Warrants for that 1859. Government Debentures. Cap. 4. 21 that purpose to be issued by the Governor or His Deputy. 7 W. 4, c. 14, ss. 3, 13, -I. S. 3, 4 V. c. 35, s. 40. 2. When any such Statute authorizes a loan to be raised, Government any Debentures issued by Government for that purpose shall, be^sfgned^by" unless it is otherwise provided in the Statute, be signed by the the Receiver Receiver General, and shall, with the interest and all charges ^^"^Jf'^h^al attending the same, be chargeable upon and be repaid by or moneys pay- out of the moneys subject to be appropriated by the Legislature °^'®' which come into his hands for the public uses of the Province. 7 W. 4, c. 14, s. 6,--See 12 V. c. 5, ss. 1, 2. 3. The Debentures so issued, andfrom time to time remaining Debentures undischarged and uncancelled, shall, afterthe same become due overdu^to be and payable, be received and taken as cash by every Receiver cash by Col- and Collector of Customs, or of any revenue or tax whatsoever, lectors, fee. granted, due or payable to Her Majesty by any Statute or otherwise, and shall also be received at the office of the Receiver General from the said Collectors and Receivers, or from any person there making any payment to Her Majesty, upon any account, or for any cause. 7 W. 4, c. 14, s. 6,--See 12 V. c. 5, ss. 1, 2. 4. The Debentures aforesaid shall be charged against and be And be receiv- credited to such Collector, Receiver, and other person, and the fd as cash by Receiver General, respectively, in their accounts with each General. other, and with Her Majesty, and the interest accrued upon any such Debentures shall be allowed to any person or body corporate or politic, paying the same to any Receiver or Collector as aforesaid, to the respective days upon which such Debentures are so paid ; but no interest shall run or be paid or interest sus- be chargeable upon or for any such Debentures during the time recllved^by " they remain in the hands of any o-f the said Receivers or Col- Collectors. lectors. 7 W. 4, c. 14, s. 6,— See 12 V. c. 5, ss. 1, 2. 5. And to the end that it may be known from what period Bate of pay- such debentures bearing interest remain- from time to time in tolbe indMs^.* the hands of the Receivers or Collectors, every such Receiver and Collector shall require the person paying him any such Debenture, to write his name, and, in words at full length, the day of the month and year on which the same is so paid, and to such day, the interest which such Receiver or Collector so allows shall be allowed to him when he pays such Debenture to the Receiver General. 7 W. 4, c. 14, s. 7. 6. The Receiver General shall, before each Session of the Return to be- Legislature, transmit to the Governor, to be laid before the §overnorbv Legislature, a correct account — . Receiver Ge- neral before 1. Of the numbers, amounts and dates, of the different De- ^*''^^^^'°"' bentures issued by him under any such Act as aforesaid ; 2. Of the amount of the Debentures redeemed by him, and of the interest paid thereon, respectively ; 22 Cap. 4, 5. Government Debentures. 23 VrcT. 3. And of ihe amount of the said Debentures outstanding and unredeemed at the periods aforesaid ; 4. And also of the expenses attending the issuing of the same, and of carrying into execution the several Acts for that purpose. 7 W 4, c. 14, s. 9. 7. Unless otherwise provided, the interest accruing upon any such Debentures shall be demandable in half-yearly periods, Interest on Debentures to yea?ty. ^ ' computed from the date thereof, and shall on demand be paid by the Receiver General. 7 W. 4, c. 14, s. 10. Receipts to be taken for in- terest — when paid. Warrants to be issued for the payment ol interest. A separate warrant for payment of each Deben- ture. 8. The Receiver General, at the time of the payment of the interest, shall take receipts for the same from the parties respectively, and shall endorse on each Debenture the amount of the interest paid thereon, and the period up to which the same is paid. 9. The Governor shall, after the thirtieth day of June, and thirty -first day of December in each year, issue warrants to the Receiver General for the payment of the amount of interest advanced, according to the receipts taken as aforesaid. 7 W. 4, c. 14, s. 10. 10. The Governor shall for each Debenture, when it has become due and is presented for payment, issue a separate warrant to the Receiver General in favour of the lawful holder of such Debenture ; and the Receiver General shall cancel every such Debenture when discharged and paid off. 7 W. 4, c. 14, s. 11. When interest to cease on de- bentures called in. 11. At any time after any such Debenture has become due, the Governor may direct a notice to be inserted in the Canada Gazette^ requiring the holders thereof to present the same for payment, according to the conditions of the Act under which the same were issued ; and if after the insertion of such notice for three months, any such Debenture then payable remain out more than six months from the first publication of the notice, interest thereon shall cease at the expiration of the said six months. 7 W. 4, c. 14, s. 12. CAP. V . An Act respecting the Registration of Deeds and Ins- truments creating Debts to the Crown. HE!l Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows : Instruments 1. No deed, bond, contract or other instrument, under seal, creating debts or of record, whereby any debt, obligation or duty is incurred or 1859. Registration of Debts to the Crown. Cap. 5, 6. 2S or created to Her Majesty, shall be valid or sufficient to charge totheCrownto or affect any lands or any interest in lands, of the person ex- Queea'sBeuoh^ ecuting the same or affected thereby, as against any subsequent purchaser or mortgagee for valuable consideration of the same lands from such person, or against any subsequent registered judgment on the same lands against such person, unless a copy of such deed, bond, contract or other instrument, certified by the proper ofi&eer having the custody of the same, had been re- gistered in the Office of the Clerk of the Court of Queen's Bench in Toronto, before the execution of the deed, conveyance or agreement of such subsequent purchaser or mortgagee, or the registry of such subsequent judgment. 14, 15 V. c. 9, s. 1. 2. Upon production to such Clerk of a copy of any such deed. Clerk to vegi»- bond, contract or other instrument so certified as aforesaid, he ^en^on'pJ™" shall enter and register the same in a book to be kept by him duction of cer- for that purpose, and after such registry all the lands of the fifjpro^r'^°°* person executing such deed, bond, contractor other instrument, officer, shall be bound and charged thereby. 14, 15 V. c. 9, s. 2. 3. The Governor in Council may order that all or any lands Govemormaj- bound by such deed, bond, contract or other instiximent, shall bo'imd''bv^'uie'^ be released from the charge created thereby, and upon the pro- registered In- duction of such order certified by the President or Clerk of the released""'* Executive Council, the Clerk of the Court of Queen's Bench shall enter and register the same in the said book as a release of the lands mentioned in the order, whereupon the lands shall be released accordingly. 14, 15 V. c. 9, s. 3. 4. The Clerk of the Court of Queen's Bench shall be entitled ciert'e fee. to demand from the person producing the same for registry, the sum of One Dollar, to be paid to the fee fund in the same manner as other fees are paid to such fund. 14, 15 V. c. 9, s. 4. CAP. VI. An Act respecting the maintenance of persons dis- abled, and the Widows and Children of persons killed in the Military Service of the Crown. HER Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows : EXISTING PENSIONS CONTINUED. 1. Every person at present allowed a Pension shall, subject Present peo- to the provisions of this Act, continue to receive the same ; *'ue|.*'°'"'~ and every Officer, Non-commissioned Officer, and Private Mili- tiaman, or Teamster of any Militia Corps or Detachment raised in Upper Canada, or Militiaman who acted as Provincial Artillery 24 Cap, 6. Militia Pensions. 23 Vict. Artillery Driver, or in the Coloured Corps, or was employed with the Indians, or served in the Provincial Marine Establish- ment, and whose name now stands onthe Pension List of Upper Canada, or whose Widow or Children is or are now receiving a pension on his account, shall be deemed to have been a Militiaman. 53 G. 3, c. 4, s. 1,-2 G. 4, c. 4, s. 19,-1 V. c. 44, s. 1. WHO TO BE PENSIONED AND THE AMOUNT. Description of 3. In case any OfRcer, Non-commissioned Officer, Private to pensions'.' ^ Militiaman, or Teamster of the Militia, or of any such Corps or Detachment, has been or should, after this Act takes effect, be killed in any engagement with the Enemy, or by accident or casualty, while performing any duty on actual Service in the Militia, or has died or should thereafter die while in captivity as a Prisoner of War, or of wounds received in action with the Enemy, or of any disease contracted while on such Service, or within twelve months after such disease was contracted, and left or leave a Widow, or a Child or Children ; then his Widow, during her Widowhood, and in case of her death or marriage, his Child or Children, being under the age of sixteen years, and until they respectively attain that age, shall be allowed a pension of Eighty Dollars per annum, to be paid to such Widow, or, in case of her death or mamage, to be paid for the use of such Child or Children, to his or their Guardian, or to the Executor or Administrator of his or their Father, by the Receiver General, out of any moneys in his hands subject to the disposition of the Legislature, and in discharge of the Warrants of the Governor, who may order such pension to be paid in advance quarterly or half yearly. 53' G. 3, c. 4, s. 5, — 2 G. 4, c. 4, ss. 2, 21,-7 G. 4, c. 6, s. 5,-1 V. c. 44, s. 2. 3. In case any person has been wounded or should hereafter be wounded, or in any way disabled while in the Public Service as a Militiaman, and be unable to maintain himself, he may claim and be allowed a pension of Eighty Dollars per annum. 1 V. e. 44, s. 5. Persons ■wounded or disabled. Persons spe- cially provided for not within this Act. Persons other- wise provided for excluded. WHO NOT TO BE PENSIONED. 4. No person provided for by any special Act shall be al- lowed a pension under this Act. 1 V. c. 44, s. 4. 5. No person receiving a Pension in any other of Her Majesty's dominions, by reason of wounds or injuries receive4 on Militia Service in Upper Canada, shall receive any adm- tional Pension. 2 G. 4, c. 4, s. 22. LOCAL MEDICAL BOARDS. The Governor 6. In the case of any person claiming such pension as having may appoint been SO wounded or disabled during or since the War with the United 1859. Militia Pensions. Cap. 6. 25 United States of America, the Governor may appoint three Local Medical Surgeons (legally authorized to practise Physic and Surgery, mtneappIioMjs. and resident in the County in which the person resides,) to for pensions, examine him, and the decision of such Surgeons, or of any two of them, shall be final ; and if they, or any two of them are satisfied, upon examination, that such person is actually disa- bled from wounds or accident received in such Service, and certify the same, then, upon such certificate being submitted to the Governor, he may cause the name of such person to be placed on the Militia Pension List of Upper Canada, and such person shall from thenceforth receive a Pension of Eighty Dollars per annum, in the same manner as other Militia Pen- sioners. 7 W. 4, c. 103,-1 V. c. 44, s. 5. GENEKAL MEDICAL BOARD. 7. The Governor may from time to time appoint a Board, May appoint a consisting of three or more persons, who shall sit in the City of c^enerai Board.. Toronto, and examine any person claiming a Pension for wounds received while on actual Service as a Militiaman during the War with the United States, whom the Governor may require to appear before them, and the Board shall enquire into the na- ture of such wounds, and the circumstances under which they were received, and if such wounds be found and declared by the Board to have disabled the person inspected from main- taining himself by labour, the Governor may direct the name of such person to be placed on the Pension List, and such per- son shall from thenceforth receive a Pension of Eighty Dollars per annum, in the same manner as other Militia Pensioners. 3 V. c. 27, s. 1. POWERS AND DUTIES OF THE GENERAL BOARD. 8. The Governor may require any person who now is. The Governor or hereafter may be placed on the Pension List of Upper may require Canada as a disabled Militiaman, to present himself once appear before in each year before the said Board, for examination ; and such Board. if the Board report that such person is then able to maintain himself by labour, the Governor may direct the name of such person to be erased from the Pension List, and his pension shall cease. 3 V. c. 27, s. 2. 9. The Governor may require any person receiving a pen- whatprootthe sion as the Widow of a deceased Militiaman, to adduce proof Governor may to the satisfaction of the Board hereinbefore last mentioned, ''^'l""'®" that she is the Widow of such deceased Militiaman, which proof shall not be limited to the oath of the Pensioner ; and if the said Board be of opinion that she is not the Widow of such deceased Militiaman, then her name shall be erased from the Pension List, and her Pension shall cease. 3 V. c. 27, s. 3. 10. 26 Cap. 6. Militia Pensions. 2i Vict. More than ihe 10. The Governor may require any person hereafter claim- maybe^^uir^ ing a pension as ihe Widow of a deceased Militiaman, to give, ed. besides her own oath, such evidence of her being such Widow as he may deem expedient. 3 V. c. 27, s. 4. The General 11. In eveiy case where a pension is applied for by or has quirSStoan" ^^^^ granted to any Widow or Child of a deceased Mili- «ases. tiaman who died after his discharge from actual service, the said last mentioned Board may inquire into the circumstances under which such Militiaman died, and whether his death was caused by disease contracted or wounds received while in actual service ; and if the Board report to the Governor that such Militiaman did not die from disease so contracted or wounds so received, the application shall be rejected, or the name of the Widow or Child shall be erased from the Pension List, and the pe'rson shall cease. 3 V". c. 27, s. 5. pensioner's oaths, &c. Affidavits to be B^- Every Pensioner on the Militia Pension List shall, made by pen- as soon as convenient after the first day of January, and the yearly. first day of July in each year, transmit to the Receiver General an affidavit (or affirmation), made before a Justice of the Peace having Jurisdiction in the County or place in which the same is administered, in one of the following forms : 2 G. 4, c. 4 ss. 15, 18,-1 V. c. 44, s. 3. Fonnsof. 1. — I, A. B., of , in the Couiity of , late a , in the , Regiment of Militia, do solemnly swear (or affirm) that I am the person whose name has been heretofore inserted in the Pension List of Upper Canada. Or, 2.— I, G. H., of , in the County of , do solemnly swear {or affirm) that I am the Widow of A. B. who was killed (or died of wounds received in action with the enemy, {or was killed or died in any other manner hereio- before mentioned, as the case may be.] Or 3.— I, G. H., of , in the County of , do solemnly swear {or affirm) that I am the Widow of A. B. who died from disease conlracted whilst on Service. ' Or, in the case of a Child or of Children, 4.— J, A. B., of , in the County of Guardian of the Child {or Children) of or Executor {or Administrator) of , {as the case may be,) do solemnly swear (or affirm) that I verily believe that G. H., K. L. and M. N. {naming all the Children under sixteen years ofa'o-e) are Children of the said , ^ho was killed in action 1859. Militia Pensions. Cap. 6. 27 action with the enemy, or, who died from wounds received in action, or, who died from disease contracted whilst on Service (or, as the case may be as aforesaid) ; and that each of them the said G. H., K. L. and M. N is under the age of sixteen years. 2 G. 4, c. 4, ss. 15, 18. WHO TO CERTIFY THE OATHS. 13. Anyone of Her Majesty's Justices of the Peace, or the Xobeapproved Senior Officer of the Regiment of Militia within whose jurisdic- °f J^e p^^^^ tion or limits the person making such affidavit (or affirmation) the Senior Offi- resides, is to certify, in confirmation of the same, in the form <=«■■ of Militia, following : 2 G. 4, c. 4, ss. 15, 18. 1, C. D., one of Her Majesty's Justices of the Peace (or the Senior Officer of the Regiment of Militia, as the case may be), do hereby certify that the above named deponent [or affirmant) A. B. [or G. H.) is the person he {or she) alleges himself {or herself) to be ; and that I verily believe the facts alleged in his {or her) affidavit {or affirmation) to be just and true. Dated day of , 18 . WHAT VOUCHEES AUTHORIZE PAYMENT. ' And such affidavit (or affirmation) and certificate, with the Such affidavit receipt of the pensioner. Widow, Guardian, Executor or Admi- andceriificate nistrator, or his or her Agent {as the case may be), shall be a ihorize pay- sufficient Voucher for the payment of the Pension. 2 G. 4, c. ">«"'• 4, s. 15. WARRANTS FOR PAYMENT. 14. To avoid the unnecessary multiplication of Warrants, Warrants for the Governor may, by one or more Warrant or Warrants, order iJfj™/ "i^f^ the appropriation and payment of the several sums therein sums. named by the Receiver General to the purposes of this Act. 7 G. 4, c. 6, s. 7. PUBLICATION OF ORDERS TO PAY. 15. When the Governor, from time to time, orders the pay- Notice of pay- ment of the pensions aforesaid, or any of them, the Receiver "^^'"^^JJ^ General shall insert a notice thereof in the Canada Gazette for Receiver Cte- tbree months immediately after such order. 7 G. 4, c. 6, s. 6. "*"'• CAP 28 Cap. *!. Sale of Claims due to Government. 22 Vict, CAP. VII . An Act respecting the Sale and Purchase of Claims due to Government for moneys advanced to Public Works. "ER Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows : The Governor 1. The Governor by Order in Council, and on the conditions in Council may ^nd with the provisions and limitations expressed therein, may assign certain . , n'^ , ^ ■»«••■ i /-i ^- • claims against assign, transier and convey to any Municipal Corporation, in or certain Compa- through whose Municipality any public work or improvement whom and hereinafter mentioned may lie or pass, or to any incorporated Jiow. Company or other party who may agree to purchase the same, the claim of the Province for any sum of money due from any Company or party, arising out of any advance or payment made by the Government of the Province, or of Upper Canada, under any Act of the Legislature of Upper Canada, to or for any Company incorporated, for the purpose of constructing any canal, railroad, harbour, road or other work and improve- ment of a public nature that may be mentioned in the Order in Council. 13, 14 V. c. 71, s. 1. The order in 3. The Order in Council may also include the undertak- ScMe thf^ ing of any third person who becomes surety for the due pay- undertaking of ment of the consideration money, and the faithful performance " of any conditions therein mentioned ; and such Order in Couricil shall transfer to and vest in the assignee therein named, all the rights of the Crown in and to the debt or claim thereby intended to be transferred, and shall have effect according to the tenor thereof, as if the clauses, conditions and provisions thereof were inserted in this Act. 13, 14 V. c. 71, s. 1. Whattobesuf- 3. A copy of the Canada Gazette containing any such Order onTansfe*""' '^^ Council, or any copy of such Order certified by the Provin- cial Secretary, shall be evidence thereof, and the consent and agreement of all the parlies named therein shall be presumed, unless disputed by such parties, and if disputed, the same may be proved by any copy of the Order in Council on which the consent of the parties is written and attested by such signa- ture or seal as would be sufficient to make any deed or agree- ment the deed or agreement of such parties. 13, 14 V. c. 71, s. 1. sureties. CAP 1859. Light Houses. Cap. 8. 29 CAP. VIII. An Act respecting Light Houses. HER Majesty, by and with the advice and consent of the Legislative Council and Assenribly of Canada, enacts as follows : 1. The Governor may appoint proper Light-House Keepers, Governor to and may remove them and appoint others in their stead ; and appoint Light- such keepers shall be allowed such salaries respectively, as the °" ^ ^^^'' ' Governor in Council may authorize. 3 W. 4, c. 34, ss. 1, 2. 2. No Light-House Keeper shall be entitled to receive salary or keep- any portion of his salary during any half year in which he er lorfeited if neglects to keep the lamps under his charge lighted through- ^^^"°"^^P' out the whole night of every night during the period for which the Commissioner of Public Works directs the same to be lighted. 3 W. 4- c. 34, s. 3. 3. The whole, or a portion, as the Governor in Council may a sum granted direct, of the expense of Light-House Keepers at Pier Har- sufficient to pay hours, shall be sustained by such Harbours respectively, whether KeepJr. °"*^ in the possession of public or of private companies. 7 W. 4, c. ^% s. 3. 4. The Commissioner of Public Works shall make the TheCommis- necessary arrangements for causing the Light-Houses to be kept ^°*^°'^"J'''° properly lighted during the continuance of the Navigation in vertisefortend- each year, and shall advertise annually for tenders for supplying «« for suppUes the Light-Houses with oil, wicks, lamps, glass tubes, and all ilghifnglnd"^ other necessaries, for maintaining the lights therein, and shall maintaining enter into contracts with any person or persons for furnishing ^^ ' °"^^^' such supplies, to any or all of the said Light-Houses ; and a sum of money sufficient to defray the necessary expenditure for such supplies, shall be annually granted for that purpose. 7 W. 4, c. 96, ss. 3, 4. 5. All sums of money from time to time necessaiy for Moneys to be the purposes aforesaid, shall be paid from and out of eeiver^G^neral. the Consolidated Revenue Fund, remaining unappropriated in the hands of the Receiver General, in discharge of the warrant or warrants of the Governor issued for that purpose, and shall be accounted for in like manner as other public moneys, 7 W. 4, c. 96, s. 6. 6. Accounts in detail with vouchers, of all sums expended Accounts of under this Act, shall be annually laid before both Branches of ^g^endered '° the Legislature. 7 W. 4, c. 96, s. 5. TITLE 30 Cap. 9. Law of Property and Civil Rights. 22 Vict. TITLE 4 . THE ADMINISTRATION OF JUSTICE. 1. LAW OF ENGLAND IN RELATION TO PROPERTY AND CIVIL paGHTS. CAP IX Recital of Act ofU, C. 32 G, 3, c. 1 . The Law of England to be the rule of de- cision. An Act respecting Property and Civil Eights. ' HERE AS by the first Act passed in the first Session of the Parliament of Upper Canada, on the Fifteenth day of Oc- tober, one thousand seven hundred and ninety-two, it was among other things enacted, that in all matters of controversy relative to property and civil rights, the laws of England should be the rule for the decision of the same, and that all matters relative to testimony aad legal proof in the investigation of fact should be regulated by the rules of evidence established in England, but that nothing therein contained should extinguish, release, discharge or affect any right, lawful claim or incumbrance to and upon any lands, tenements or hereditaments within Upper Canada, or should rescind, vacate or affect any contract or security then made and executed conformably to the laws of Canada under the Imperial Statute passed in the fourteenth year of the Reign of His Majesty King George the Third, intituled, An Act for making more effectual provision for the Government of the Province of Quebec, in North America, or vary or interfere with any of the subsisting provisions respecting Ecclesiastical Rights or Dues, or should introduce any of the laws of England respecting the maintenance of the poor, or respecting bankrupts ; therefore, subject to the exceptions and provisions above recited, Her Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows : THE LAW OF ENGLAND TO BE THE RULE. 1. In all matters of controversy relative to property and Civil Rights, resort shall continue to be had to the laws of Eno-land as they stood on the said fifteenth day of October, one thousand seven hundred and ninety-two, as the rule for the decision of the same ; and all matters relative to testimony and leo-al proof in the investigation of fact and the forms thereof in the several Courts of Law and Equity in Upper Canada, shall continue to be regulated by the rules of evidence established in England as they existed on the day and year last aforesaid, except so far as the said Laws and Rules have been since repealed altered varied, modified or affected by any Act of the Imperial Parlia- ment still having force of law in Upper Canada, or by any Act of the late Province of Upper Canada, or of the Province of Canada, 1859. Law of Property and Civil Rights. Cap. 9, 10. 31 Canada, still having force of law, or by the Consolidated Sta- tutes relating to the Province of Canada, or to Upper Canada exclusively. 32 G. 3, c. 1, ss. 3, 5, 6. STATUTES OF JEOFAILS ADOFl'ED. 9. The Statutes of jeofails, of limitations, and for the amend- statutes of jeo- ment of the law excepting those of mere local expediency ^^^^\ '^°'' which previous to the seventeenth day of January, one thou- sand eight hundred and twenty-two, had been enacted respect- ing the law of England and then continued in force, shall be valid and effectual for the same purposes in Upper Canada, excepting so far as the same have, since the day last aforesaid, been re- pealed, altered, varied, modified or aifected in the manner mentioned in the first section of this Act. 2 G. 4, c. 1, s. 24. 2. COURTS. CAP. X. An Act respecting the Superior Courts of Civil and Criminal jurisdiction. HER Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows : queen's bench AND COMMON PLEAS. 1 . Her Majesty's Court of Queen's Bench for Upper Canada, Courts of Q. B. and the Court of Common Pleas for Upper Canada, shall ""^^S' ^" '^°"" continue under the names aforesaid, and ' all Commissions, Rules, Orders and Regulations granted or made, in, by, or respecting the said Courts, or the Judges or Officers thereof, existing and in force when this Act takes effect, shall remain in force until altered or rescinded or otherwise determined. 34 G. 3, c. 2, s. 1,-12 V. c. 63. NAME OR STYLE OF. S. The said Court of Queen's Bench shall, during the reign Style or name of a King, be called " His Majesty's Court of King's Bench °'' ""'='' ^°"'^- for Upper Canada," and during the reign of a Queen " Her Majesty's Court of Queen's Bench for Upper Canada. " 2 V. c. 1, s. 1. JURISDICTION. 3. The said Courts shall be Courts of Record of Original Jurisdiction of. and Co-ordinate jurisdiction, and shall respectively possess all 32 Cap. 10. Superior Courts of Law. 32 Vict. all such powers and authorities as by the law of England are incident to a Superior Court of Civil and Criminal juris- diction; and shall have, use and exercise all the rights, incidents and privileges of a Court of Record, and all other rights, inci- dents and privileges as fully to all intents and purposes as the same are, at the time this Act takes effect, used, exercised and enjoyed by any of Her Majesty's Superior Courts of Common Law at Westminster, in England, and may and shall hold plea in all and all manner of Actions, Causes and Suits as well Criminal as Civil, real, personal and mixed, and may and shall proceed in such Actions", Causes and Suits by such process and course as are provided by law, and as shall tend with justice and dispatch to determine the same ; and may and shall hear and determine all issues of law ; and may and shall also hear and (except in cases otherwise provided for) by and with an inquest of twelve good and lawful men, determine all issues of fact that may be joined in any such Action, Cause or Suit, and Judgment thereon give, and execution thereof award in as full and ample a manner as, at the time this Act takes effect, can or may be done in Her Majesty's Courts of Queen's Bench, Common Bench, or in matters which regard the Queen's revenue (including the Con- demnation of Contraband or Smuggled Goods,) by the Court of Exchequer in England. 12 V. c. 63, ss. 1, 8,-34 G. 3, c. 2, s. 1,-35 G. 3, c. 4. PLACE OF SITTING. Whore to be held. 4. The aforesaid Courts shall be held at the City of Toronto. 12 V. c. 63, s. 1, & I. S,— 3, 4 V. c. 35, s. 44. THE JUDGES. Chief Justices and Judges ot. Rank of the Judges. 5. The said Court of Queen's Bench shall be presided over by the Chief Justice of Upper Canada and two Puisne Justices, and the said Court of Common Pleas by a Chief Justice and two Puisne Justices, and such Courts respectively may be holden by any one or more of the Judges thereof in the absence of the others ; and the Chief Justice and Justices of the said Courts respectively shall have, use and exercise all the rights, incidents and privileges of a Judge of a Court of Record, and all other rights, incidents and privileges as fully to all intents and pur- poses as the same are, at the time this Act takes effect, used, exercised or enjoyed by any of the Judges of any of Her Ma- jesty's Superior Courts of Common Law at Westminster. 34 G. 3, c. 2, s. 1,-12 V. c. 63, ss. 2, 3. 6. The Chief Justice of Upper Canada shall have rank and precedence before all the other Judges of Her Majesty's Courts of Law and Equity, the Chief Justice of the said Court of Com- mon Pleas shall have rank and precedence next after the Chan- cellor of Upper Canada, and the Puisne Judges of the Superior Courts 1859. Superior Courts of Law. Cap. 10, 33 Courts of Common Law and Equity in Upper Canada shall have rank and precedence as between themselves, according- to the Seniority of appointment to their respective Offices. 12 V. c, 63, s. 2—12 V. c. 64, s. 2. 7. Her Majesty may, from time to time, supply any vacancy The Crown in the number of the Judges in either of the said Courts of Com- may supply mon Law by appointing, by Letters Patent under the Great Seal oi this Province, a Barrister of the Upper Canada Bar of at least ten years' standing to fill such vacancy. 13 V. c. 63, s. 2. 8. Every Judge of the said Superior Courts of Common Law, Oath of office of previous to entering upon the duties of his Office, shall take the ^^^ .fudges, following oath, to be administered to the Chief Justice of the said Courts respectively, by the Governor in Council, &nd to the Puisne Judges in open Court, by the Chief Justice of the Court for which such Puisne Judge has been appointed. 12 V. c. 63, s. 7. OATH. " I, , do solemnly and sincerely promise and " swear that I will duly and faithfully, and to the best of my " skill and knowledge, execute the powers and trusts reposed " in me (as Chief Justice or one of the Puisne Judges) of the <' Court of . So help me God." PRACTICE COUET. 9. A Judge of one of such Superior Courts shall sit in Bane Practice Court. apart from his brethren, and may so sit at any time when such Courts may by law sit in Banc, either while they are actually so sitting, or while their sittings within such time are suspended or adjourned ; and every such Judge so sitting apart in Banc, shall hold the Practice Court, and shall have the same powers and authority as belong to either of such Superior Courts in any way relating to the business of adding or justifying bail, discharging insolvent debtors, administering oaths, hearing and determining matters on motion, and making rules and orders in causes and business depending in either of the said Courts, in the same manner and with the same force, validity and effect, as might be done by the Court in which such causes or business may respectively be depending. 13, 14 V. c. 51, s. 3,-12 V. c. 63, s. 10. judges' chambers. 10. The Chief Justices and Judges of the said respective A Judge to sit Courts, shall, in rotation or otherwise as they may agree among '° chambers, themselves, sit in Chambers or elsewhere, and there transact any such business as may be transacted in either of the said Courts by a single Judge out of Court, whether such business ibe in the Court of which such Judge is a member or in the other c Court, 34 Cap. 10. Superior Courts of Law. 22 Vict. Court, subject to the right of appeal to, and of review by the full Court in which the matter may be depending. 12 V. c. 63, s. 9,-13, 14 V. c. 51, s. 5. TENURE OF OFFICE. Tenure in office. 11. The Judges of the said Superior Courts of Common Law shall hold their offices during good behaviour, and all future Commissions to the Judges of the said Courts shall be, to hold during good behaviour, and the Commissions of Judges for the time being shall continue and remain in full force during good behaviour, notwithstanding the demise of the Crown. 13 V. 0. 63, s. 4,-4 W. 4, c. 2, s. 1. REMOVAL AND EIGHT OF APPEAL. Removal of Judges and right to appeal. IS. The Governor may, upon the address of both Houses of the Provincial Parliament, remove any such Judge ; and in case any Judge so removed thinks himself aggrieved by such removal, he may within six months appeal to Her Majesty in Her Privy Council, and in 'case of such appeal the amotion shall not be final until such appeal has been determi- ned by Her Majesty in Her Privy Council. 12 V. c. 63, s. 4. APPOINTMENT OF A SUCCESSOR. Appointmentof 13- In case of the removal of any Judge of the said Courts in Successor. maimer aforesaid, the Governor may appoint; by Commission under the Great Seal of the Province, some fit and proper person to hold the said Office until Her Majesty's pleasure be made known, but such appointment shall be held to be super- seded by the issuing of a Commission under the Great Seal of this Province in the terms first directed by this Act, to the same person or to such other person as Her Majesty appoints in the place of any Judge removed in manner aforesaid, or by the signification within the Province of the decision of Her Majesty in Her Privy Council restoring to his office any Judge so removed. 4 W. 4, c. 2, s. 2. SALARIES. Salaries charg- 14. There shall be charged upon and paid out of the Con- ^lidated'iSve- solidated Revenue Fund of this Province, (after paying or re- mie Fund. serving sufficient to pay all such sums as have been directed by any Act of the Parliament of this Province passed prior to the thirtieth May, one thousand eight hundred and foity- nine, to be paid out of the same, but with preference to all other payments after that date charged on the said Fund,) the yearly sums following as and for the salaries of the said Judges, that is to say : to each of the said Chief Justices, five thousand dollars, and to each of the said Puisne Justices, four thousand dollars, to be paid quarterly by equal portions on 1859. Superior Courts of Law. Cap. 10. 35 on the first days of January, April, July and October in each year, free and clear from all taxes and deductions whatsoever, and so in proportion for any broken period to a Judge newly appointed, resigning or removed, or to the executors or admin- istrators of a Judge dying within the Quarter computed as afore- said ; But nothing in this clause contained shall affect the amount of the salary of the present Chief Justice of Upper Canada during his tenure of office. 12 V. c. 63, s. 6. TRAVELLING EXPENSES AND FEES OF THI^ SHERIFF WHO ATTENDS IN TERM TIME. 15. From and out of the Consolidated Revenue Fund, there Travelling ex- is hereby granted to Her Majesty, annually, a sum sufficient penses. to enable Her Majesty to pay to the Judges of Assize and Nisi Prius, Oyer and Terminer and General Gaol Delivery, for the purpose of defraying their travelling expenses, the sum of one hundred dollars for each time they hold any such Court or Courts in any County, except the County of York; and Allowance to also to pay to the Sheriff of the County of York the sum of Sheriff of York, two dollars thirty-three and one third cents per day for attend- ing the said Court of Queen's Bench during its sittings in each Term. 7 W. 4, c. I, s. 10. RETIRING ANNUITY. i@. In case any Judge of the said Court of Common Retiring an- Pleas has continued in the office of a Judge of one or 'i"'"e«- more of the Superior Courts of Law or Equity, in Upper Canada, for fifteen years, or becomes afflicted with some permanent infirmity disabling him from the due execution of his office, and in case such Judge resigns his said office of Judge, Her Majesty may, by Letters Patent under the Great Seal of this Province, reciting such period of service or per- manent infirmity, grant unto such Judge an annuity equal to two thirds of the salary annexed to the office of such Judge, to commence immediately after the period of his resignation and to continue thenceforth during his natural life. 12 V. c. 63, s. 6. 1 y. Such annuity shall be charged upon and be paid out To he paid out of the Consolidated Revenue Fund of this Province, after i°2?edKeve°" paying or reserving sufficient to pay all such sums as have nueFund. been directed by any Act of the Parliament of this Province passed prior to the thirtieth day of May, in the year of our Lord, one thousand eight hundred and forty-nine, to be paid out of the same, but with preference to all other payments after that date charged on the said Fund, and such annuity shall be paid quar- terly by equal portions on the first days of January, Apri 1 , July and October in each year, free and clear from all taxes and deduc- tions whatsoever, and so in proportion for any broken period when such Judge resigns or dies within the Quarter computed as aforesaid ; and the executors or administrators of such c^ Judge 36 Cap. 10. Superior Courts of Law. 22 Vict. Judge shall be paid the amount that had accrued at the time of his death computed from the next preceding quarter day. 12 y. c. 63, s. 6. TERMS. Terms of the 18. The Terms of the said Courts of Queen's Bench and Courts of Law. Common Pleas shall annually be as follows: Hilary Term shall begin on the first Monday in February; Easier Term on the third Monday in May ; Trinity Term on the Monday next after the twenty-first day of August ; and Michaelmas Term on the third Monday in November ; and each of the said Terms respectively shall end on the Saturday of the ensuing week. 12 V. c. 63, s. 19,-20 V. c. 57, s. 29. Buraiion of the 19. The first and last days of each such Term, and every Terms. alternate day from the first not including Sunday, shall be a return day ; and the said Courts may in their discretion adjourn from any such return day to the next immediate return day. 2 G. 4, c. 1, s. 3. JUDGMENT MAY BE DELIVERED AFTER TERM. Judgment may be delivered after Term. 30. The Judges of the said Superior Courts may during each Term appoint one or more days within three weeks next ensuing the last day of such term, on which they will give Judgment; and such Superior Courts on the days so ap- pointed may sit in Banc for the purpose only of giving Judgments and of making Rules and Orders in matters previously moved and argued in such Courts respectively ; and all Judg- ments, Rules and Orders pronounced and made on such days shall have the same effect as if pronounced or made in Term time. 19 V. c. 43, s. 316. TRIALS AT BAR. Trials at Bar 31. The plaintiff or demandant, and the defendant or te- Suitors"?^" °^ ^^^^' respectively, in any action in either of the said Superior Courts may, in the Term next after issue joined^ ^pply to the said Courts respectively for a trial at bar, and each of the said Courts respectively may, in its discretion, upon hearing the parties, grant or refuse the same. 20 V. 57, s. 13. Oa the part of 32. In all cases in which the Crown maybe actually or the Crown. immediately interested, a trial at bar maybe had as of right upon, and shall be regulated and governed by the same prin- ciples, as in similar cases in England. 20 V. c. 57 s. 14. When trial to be had. 33. In case any trial at bar be directed, the Judges of either of the said Courts may appoint such day or days for the trial thereof as they think fit, and the time so appointed, if in vacation, shall, for the purposes of such trial, be deemed and taken to be a part of the preceding term. 12 V. c. 57 s. 15. CLERKS. 1859. Superior Courts of Law. Cap. 10. 37 CLERKS. 24. Her Majesty may, by Letters Patent under the Great cierks ofthe Seal of this Province, from time to time, appoint to each of the Crown and said Superior Courts of Common Law separately, a Clerk of ™'^**' *^ ' the Crown and Pleas, and to both of the said Courts jointly, a Clerk of the Process, which Clerks shall hold office during Her Majesty's pleasure. 12 V. c. 63, ss. 11, 12,-19 V. c. 43, ss. 2, 3. 25. Each ofthe said Clerks of the Crown and Pleas may Assistant appoint, subject to the approval of the Judges of his Court, a <^'«"'i^'- Senior and Junior Clerk ; and with the like approval, may remove at pleasure any Clerk so appointed by him. 13 V. e. 63, s. 11. S@. Except in the County of York, the several Clerks of the Deputy Clerks County Courts shall be ex officio Deputy Clerlss of the Crown "f '^eCrown. and Pleas in each of the said Superior Courts, but each person not being a Clerk of a County Court who, on the thirtieth day of May, one thousand eight hundred and forty-nine, held and still holds the office of such Deputy Clerk, shall continue to hold the same at the pleasure of the Crown, and shall dis- charge the duties of such Deputy Clerk of the Crown subject to the provisions and with the remuneration mentioned in this Act. 12 V. c. 63, s. 11. 27. There shall be charged upon and paid out of the Salaries, &e. Consolidated Revenue Fund of this Province, (after paying or reserving sufficient to pay all such sums as had been directed by any Act of the Parliament of this Province passed prior to the thirtieth day of May, one thousand eight hundred and forty-nine, to be paid out of the same, but with preference to all other payments after that date charged thereon), the yearly sums following as and for the salaries of the Clerks of the said Courts, that is to say : 12 V. o. 63, ss. 13, 17. To each Clerk of the Crown and Pleas $ 1600 00 (except Charles Coxwell Small, Esquire, the Clerk of the Crown and Pleas, in the Court of Queen's Bench, whose Salary, while he con- tinues to hold the said office, shall be per year. $ 3000 00 To the Process Clerk ....$ 1400 00 To each Senior Clerk $ 1000 00 To each Junior Clerk $ 600 00 19 V. c. 43. To each Deputy Cler|iofthe Crown, such sum as the Gov- ernor in Council appoints, not in any case exceeding four hun- dred dollars, nor less than eighty dollars yearly. 12 V. c. 63, s. 13. ": 28. 38 Cap. 10. Superior Courts of Law. 23 Vict. To be paid quarterly. 28. All the said salaries shall be paid quarterly on the first days of January, April, July and October in each year, free and clear from all taxes and deductions whatever, and so in pro- portion for any broken period, to any of the said Clerks newly appointed, resigning or removed or to the executors or adminis- trators of a Clerk dying within the Quarter computed as aforesaid. 12 V. c. 63, ss. 13, 17. The taking of 2®. Unless specially authorized, neither of the Clerks of fees prohibited, ^j^^ Crown and Pleas, nor any of their Deputies, nor the said Process Clerk, shall take for his own use or benefit, directly or indirectly, any fee or emolument whatever save the salary aforesaid ; and all the fees, dues and profits received by or on account of the said Clerks of the Crown and their Deputies, and the said Process Clerk respectively, shall form part of the Consolidated Revenue Fund of this province. 12 V. c. 63, s. 14,-9 V. c. 33, s. 5. The Clerks to 39. The Clerks of the Crown and Pleas, the Clerk of the give securities. Process, and the Deputy Clerks of the Crown and Pleas in the said Superior Courts, shall, within one month next after their appointment, give security to Her Majesty, in such sum, and with so many sureties, and in such form as the Governor in Coun- cil directs, conditioned respectively, for the due performance of the duties of their office, and for the rendering of the quarterly ac- counts and returns required from them by law, and for the due payment to the Receiver General of this Province, of all the fees, dues, emoluments, perquisites and profits received by them on account of their said offices respectively, and for and on account of any duty or service done and performed by them respectively, in their said several offices. 20 V. c. 57, s. 1, — And see 12 V. c. 63, s. 15. Consequences 3fl. The negloct by any such Clerk or Deputy Clerk to give rfnegiecimg to g^^jj security or to render quarterly returns, or to pay over all such moneys within twenty days next after each quarterly day, shall render his appointment void; but the forfeiture of office shall not affect any act done by him during the time he actually continues to hold his appointment. 12 V. c. 63, s. 16, — 20 V. c. 57, s. 1. Who to ap- prove of the toretiea. 33. The Governor shall in his discretion approve of the security and sureties so given by each Principal Clerk, and the Judge of the County Court having first certified his approval in writing of the security and sureties given by the Deputy Clerk of the Crown for his County, the Governor shall in his discretion approve of the security and sureties so given by such Deputy Clerk, and such securities, when executed and ap- proved, shall be duly recorded in the manner provided by the Consolidated Statute of Canada regulating the securities to be given by Public Officers, and then deposited in the office of the Minister of Finance. 20 V. c. 57, s. 2. 33. 1839. Superior Courts of Law. Cap. lO. 39 33. If any surety in any such security dies or ceases to The death or reside in Upper Canada, or becomes insolvent, the Clerk or removal °^^ Deputy Clerk shall, within one month after his knowledge lor. of the fact, or after being thereto required by the Minister of Finance, give a new security in manner hereinbefore pro- vided, and the omission to give such new security shall render void the appointment of the Clerk or Deputy Clerk so omitting, but the forfeiture of Office shall not affect any act done by him during the time he actually continues to hold his appointment. 20 V. c. 57, s. 2. 34. The Clerks of the Crown and Pleas and the Clerk of the Principal offices Process respectively shall Iceep their Offices in Osgoode Hall. osgoodeHall 19 V. c. 43, s. 3. 35. The Clerk of the Process shall have a separate seal Duties of iha for sealing Writs in each of the said Courts, to be approved by p^c'^s'"'^ the Chief Justice of the Court, and he shall seal therewith and sign all Writs and Process issued from such Courts res- pectively. 19 V. c. 43, s. 4. 36. The Clerk of the Process shall keep each Deputy Clerk to supply De- of the Crown and Pleas supplied with Blank Writs and Pro- puty Clerks of cess of all descriptions sealed and signed by him and to be filled biaak^writs^ up and issued by them; and he shall in like manner Jieep the Clerks of the Crown and Pleas supplied with all Writs and Process other than those which he is himself required to issue; and he shall have a reasonable allowance for printing, procur- ^nd also the ing and transmitting blank forms of Writs and Process, and CMefCierks. for necessary books and stationery. 19 V. c. 43, ss. 3, 4. 3T. Each Deputy Clerk of the Crown and Pleas shall. Where Deputy if proper accommodation be afforded him, keep his office {^'^e kepf*^** in the Court House of his County, and until he can obtain such accommodation he shall keep his office in some convenient place in the County Town. 19 V". c. 43, s. 13. 38. Except between the first day of July and the twenty- office hours, first day of August, every Deputy Clerk's office shall be kept Summer vaca- open from ten o'clock in the morning until three o'clock in """^^ the afternoon, Sundays, Chrismas Day, Good Friday, Easter Monday, the birth-day of the Sovereign, New Years day, and any day appointed by Royal proclamation for a general fast or thanksgiving, excepted ; and between the first day of July and the twenty-first day of August, such offices shall be kept open from nine in the morning until noon. 19 V. c. 43, s. 13, — See 13, 14 V. c. 23, s. 5,-14, 15 V. c. 94, s. 2. The Clerk of the Process shall make to the Minister of The Clerk of Finance, quarterly returns, verified bv his affidavit,of all Writs Process to IT.. 11 1 • ■ . 1 1 . rn . make quarterly and Process issued by him in suits brought at 1 oronto, or sup- returns. plied by him to the Clerks and Deputy Clerks of the Crown to be issued by them. 19 V. c. 43, s. 5,-22 V. c. 14, s. 6. (1859.) 40. 40 Cap. 10. Superior Courts of Law. 22 Vict. To be applied to Consolidated Kevenue Fund. The Clerks of the Crown and Deputy Clerks to make quar- terly returns. To be signed and declared before a Judge. To pay over balances. To account for 40. The Clerk of the Process shall receive the fees on Writs tereceivedby ^^^ Process issued by him at Toronto as aforesaid. 19 V. c. 43, s. 6. 41. All such fees shall form part of the Consolidated Revenue Fund of the Province. 19 V. c. 43, s. 5. 43. The Clerks of the Crown and Pleas in each of the said Courts, the Process Clerk and the Deputy Clerks of the Crown respectively, shall, quarterly, on the first days of January, April, July and October, in each year, make up and render to the Minister of Finance a true account in writing of all the fees, dues, emoluments, perquisites and profits received by or on account of the said Officers respectively, in such form and with such particulars as the Minister of Finance from time to time re- quires. 12 V. c. 63, ss. 15, 16,-19 V. c. 43, s. 5, latter part. 43. Such accounts shall be signed by the Officer rendering the same, and shall, in the case of the said Principal Clerks and Process Clerk respectively, be declared before one of the Judges of the Court to which he belongs, and in the case of the Deputy Clerks shall be declared before the Judge of the County Court to which he belongs. 12 V. c. 63, ss. 15, 16. 44. Each such Officer shall, within ten days after the rendering of such account by him, pay over the amount of all such fees, dues, perquisites and profits to the Receiver General, and if default be made in such payment, the amount due by the Officer making such default, shall be a specialty debt to Her Majesty. 12 V. c. 63, ss. 15, 16,-19 V. c. 43, s. 5. 45. The Deputy Clerk of the Crown in every County in Upper Canada shall submit his accounts and books for exami- nation to the County Attorney of the County, and the County Attorney shall inspect and examine such accounts and compare them with the Books required to be kept by the Deputy Clerk of the Crown, and such County Attorney shall certify on every such account, that he believes it to be correct, or if he does not believe it to be correct, he shall state his objections thereto, and shall forthwith forward every such account to the Minister of Finance. .20 V. c. 59, s. 14. 46. The Clerks of the Crown, the Clerk of the Process, and the Deputy Clerks of the Crown respectively, shall perform the duties of their several offices as regulated by any Act of Parliament, or by the rules' and practice of the said Courts, and all sums and fees shall continue to be payable to and receivable by them accordingly. 19 V. c. 43, s. 3, end — See 12 V. c. 63, ss. 12, 32. THE CLERK IN CHAMBERS TO BE CLERK OF THE PRACTICE COURT. 47. The Clerk of the Judges' Chambers, at Osgoode Hall, shall perform the duties of the Clerk of the Practice Court. Deputy Clerks of the Crown to submit their accounts to County Attor- neys—duty of he latter as to such accounts. Clerks to obey the Statutes and rules ot Court. The Clerk in Chambers. 13, 14 V. c. 51, s. 4. CAP 1869. Courts of Oyer and Terminer, Sj-c. Cap. 11. 4| CAP. XI. An Act respecting Courts of Oyer and Terminer and General Gaol Delivery and of Assize and Nisi Prius. ITER Majesty, by and with the advice and consent of the X Legislative Council and Assembly of Canada, enacts as follows : THE COTTHTS. 1. Except in that County or Union of Counties within CourtsofAs- which the City of Toronto is situate. Courts of Assize and fl^? ^"i? ^'^^ , J I ir rius. vJvfir &nu Nisi Prius, and of Oyer and Terminer and General Gaol Terminer and Delivery, shall be held in every County or Union of Counties ^^°' Delivery, in Upper Canada in each and every year in the vacations between Hilary and Easter Terms, and between Trinity and Michaelmas Terms, and in the County or Union of Counties within which the City of Toronto is situate, such Courts shall be held three times in each year, to commence on the Thursday next after the holding the Municipal Elections in January, on the second Monday in April, and on the second Monday in October, and all such Courts shall be held, with or without Commissions commissions, as to the Governor may seem best, and (except as eM,4-c.,page214. issued. LUNATICS. Cases of Luna- 31. In the case of Lunatics, Idiots and persons of unsound eiTatesf ^'^" mind, and their Property and Estates, the jurisdiction of the Court shall include that which in England is conferred upon the Lord Chancellor by a Commission from the Crown, under the Sign Manual. 9 V. c. 10, s. 1. The word 3@. The word " Lunatic " is used in the subsequent sections " t^unatic," of this Act as including an Idiot or other person of unsound extended. ■ j n it ir\ ^ mmd. 9 V. c. 10, s. 1. Commissions of 33. The Court may, on sufficient evidence, declare a person Lunacymaybe a lunatic without the delay or expense of issuing a Commission dispensed With. ^ ••^^iiiji .. • r to enquire into the alleged lunacy, except in cases oi reason- able doubt. 20 V. c. 56, s. 5. Traverse of 34. When a Commission has been issued and an inquisition Inquisition of thereupon returned into Court, by which a person is found Lunatic, "*acy. -j^ ^^gg ^j^y Qjjg entitled to traverse the inquisition desires to do so, he may within three months from the day of the return and filing of the inquisition, present a petition for that purpose to the Court, and the Court shall hear and determine the petition subject to the following provisions : 9 V. c. 10, s. 2. Time to be li- ^- !« every order giving effect to such petition, the Court mited. shall limit a time not exceeding six months from the date of the order, within which the person desiring to traverse, and all other proper parties, shall proceed to the trial of the traverse ; But the Court may under the special circum- stances of any case, and upon a petition being presented for that purpose, and upon the circumstances being substan- tiated upon affidavit, allow the traverse to be had or tried after the time limited ; and in such special case, the Court may make such orders as seem just ; 9 V. c. 10, s. 3. May be tried in 2. The trial may be ordered to take place in any Court of nLorTIhe- ^^'^'^^'^ in Upper Canada, or before a Judge of the Court of fore o'ne"^- the Chancery with the aid of a Jury, according to the circumstances Chancery of the case and the situation of the parties; 9 V. e 10 V c. 72, s. 3. 55. 1859. Court of Chancery. Cap. 12. 57 55. The moneys arising from any such sale, lease or other The Court to disposition, shall be laid out, applied and disposed of in such p^«°J,^heap^^^ manner as the Court directs. 12 V. c. 72, s. 4. proceeds. 56. On any sale op other disposition so made, the money The quality of raised, or the surplus thereof, shall be of the same nature uponTale oT^* and character as the estate sold or disposed of; and the real estate. heirs, next of kin, or other representatives of the infant, shall have the like interest in any surplus which may remain of the money at the decease of the infant, as they would have had in the estate sold or disposed of if no sale or other dis- position had been made thereof. 12 V". c. 72, s. 5. 57. If any real estate of an infant is subject to dower, and l" cases of , "^.11 1 . ■ -.-i i- dower a eom- the person entitled to dower consents m writmg to accept m position may t>e lieu of dower any gross sum which the Court thinks reasonable, le claims. DORMANT EQUITIES. 59. Whereas by the Act to establish the Court of Chancery in Upper Canada, it was provided that the rules of decision in the said Court should be the same as governed the Court of Chancery in England ; And whereas in regard to claims upon, or interests in real estate arising before the said date, it is just to restrict the future application of the said rules of decision to cases of fraud, and in regard to other cases, it is expedient to extend thereto in manner hereinafter provided, the authority so given to the Court as aforesaid in case of mortgages : There- fore, no title to or interest in real estate which is valid at law, shall be disturbed or otherwise affected in Equity by reason of any matter or upon any ground which arose before the Fourth day of March, A. D. one thousand eight hundred and thirty- seven, or for the purpose of giving effect to any equitable claim, interest or estate, which arose before the said date, unless there has been actual and positive fraud in the party whose title is sought to be disturbed or affected. 18 V. c. 124, s. 1. 60. In regard to any other equitable claim or right which may have arisen before said date, the Court shall have authority (subject to appeal) to make such Decree as may appear to the Court just and reasonable, under all the circumstances of the particular case, provided that the suit be brought within twenty years from the time when the right or claim arose ; and no further time shall be allowed for bringing any such suit, notwithstanding any disability of the claimant or of any one through whom his right accrued. 18 V. c. 124, s. 2. APPEALS. Appeal from ©!• The Court shall have jurisdiction to entertain appeals Decree, &c., of by either party against any Order or Decree made by the Judge ■ of a County Court under the equitable jurisdiction thereof, and the Court of Chancery shall make such Order thereupon in respect to costs or otherwise, or for referring back the matter to the Judge before whom the same was first heard, as may be just and proper. 16 V. c. 119, s. 18. Appeals from decisions of certain Com- missioners for protection of •Crown Lands, 6S. The Court shall also have jurisdiction on any appeal from the judgment or decision of the Commissioners under the Act for the protection of the lands of the Crown in Upper Canada, except as in the said Act is otherwise provided ; and the Court may alter, affirm or annul, the decision of the Commissioners, or order further inquiry to be made, or direct an issue touching the matter in dispute, to be tried at law or before the Court or a Judge thereof with the assistance of a Jury, and may make such orders and directions therein for payment of costs, and other matters respecting the same, as to the Court seem just ; and the decree of the Court shall be conclusive on the party appealing, as well as on the Commissioners. 2 V. c. 15, s. 11. VESTINfi 1859. Gourt of Chancery. Cap. 12. 59 VESTING ORDERS. 6S. In every case in which the Court has authority to Vesting order, order the execution of a Deed, conveyance, transfer or ^^^'^^ "'• assignment of any property, real or personal, the Court may make an order or a decree vesting such real or personal estate in such person or persons, and in such manner, and for such es- tates, as would be done by any such Deed, conveyance, assign- ment or transfer if executed ; and thereupon the order or decree shall have the same effect both at Law and in Equity as if the legal or ,other estate or interest in the property had been actually conveyed, by Deed or otherwise, for the same estate or interest, to the person in whom the same is so ordered to be vested, or in the case of a chose in action^ as if such chose in action had been actually assigned to such last mentioned person. 20 Y. c. 56, s. 8. REGISTRATION. 84. The filing of a bill or the taking of a proceeding, in which A bilisied,&c., bill or proceeding any title or interest in land is brought in fe^"^^,,"^ question, shall not be deemed notice of the bill or proceeding to be registered io any person not being a party thereto, until a certificate by "^strar'TSffi*" the Registrar or a Deputy Registrar of the Court, in the form men- tioned in this section, has been registered in the Registry Office of the County in which the land is situate : " 1 certify that in a suit or proceeding in Chancery between Form of Cet- *' A. B. and C. D., some title or interest is called in question ''fi^'^'e- " in the following land, {describing it.y But no certificate is required to be registered of a suit or pro- ^°l lecessary T r.ic 1 n .,1 ^^ir in foreclosure ceedmg lor the loreclosure oi a registered mortgage. 18 V. c. cases. 127, s. 3,-20 V. c. 56, s. 9. 65. Every decree affecting land may be registered in the Decree affect- Registry Office of the County where the land is situate, on a {^^'^"'1'^'' certificate by the Registrar or a Deputy Registrar of the Court, setting forth the substance and effect of the decree, and the land affected thereby. 18 V. c. 127, s. 4. 66. Every decree or order made or to be made di-y""o"'er i- r 1 I Decree may Mi recting any sum ol money, or any costs, charges or ex- regi>tered, and penses, to be paid, either at one time or by several or •'■"^ \^n(ia, periodical payments to any person, or into the Court, or to the credit of any cause, or otherwise, may be registered in any County Registry Office upon delivery to the County Registrar of a certificate of the Registrar or a Deputy Registrar of the Court, stating the title of the cause or matter in which the decree or order was made, and the date of the decree or order, and the amount of the money therein, or in any report made in pursuance thereof, mentioned to be payable ; and the certificate shall be recorded by the County Registrar 60 Cap. 12. Court of Chancery. 22 Vict. Registrar in the same books and in the same manner as certificates of judgments at Law are registered, and the registry of the certificate shall have the same effect as the registry of a judgment at Law, and may be discharged therefrom in the same manner as a judgment at Law. 20 V. c. 66, s. 10. When the ©T". In case a person ordered or decreed to pay money satisfies Court may i-e- t,he Court at the time or afterwards, that some specified part of SSom the his real estate will be a sufficient security therefor, the Court lien created by niay direct that the charge created by the registration of the registration. (^gpj.gg q^ Qj,(jgr to pay, shall be confined to such part of the real estate ; and in such case the residue of the real estate of such person shall be unaffected by the registration ; and in case the restriction be contained in the decree or order to pay, the Registrar's or Deputy Registrar's said certificate shall state the same, and if such restriction be contained in a subsequent order, the Regis- trar's or Deputy Registrar's certificate thereof may be registered by either party. 20 V. c. 56, s. 11. TheCourtmay ©8. In case an order or a decree for the payment of money ordersaleofihe | registered as to become a charge on the real estate, the real estate. _, °^., n.iii .^r Court may, m the same cause, order the whole or any part oi such estate to be sold for the satisfaction of the money with interest and costs, without the delay or expense of a new suit. 20 V. c. 56, s. 12. ISSUES. Issues out of Chancery may te tried with- out feigned is- sues at law. Or by the Court of Chancery or a Judge thereof. 60. In any case in which the Court requires an issue to be tried by a jury, it shall not be necessary to commence any feigned action in a Court of Law ; but upon an office copy of the decree or order directing the trial of the issue, being entered for trial in the same manner as a Nisi Prius record is entered, the issue shall be tried at the Assizes, or at the sittings of a County Court in Upper Canada, in the same manner as issues are tried in ac- tions brought in the Superior Courts of Law or in the County Courts,andthe finding of the jury shall be endorsed upon suchoffice copy and signed by Ihe presiding Judge, and the office copy shall then be transmitted to the Registrar of the Court of Chancery ; or instead of directing an issue to be tried at law, the Court may try the same by a Jury without the intervention of a Court of Common Law, and may issue a precept or order directed to the Sheriff of any County the Court sees fit, requiring him to strike and summon a Jury for that purpose ; and at the trial, one Judge or more of the Court of Chancery may sit or preside. 20 V. c. 56, s. 13. PARTIES. Service in pro- '^®- ^^ ^"Y ^uit instituted in the Court of Chancery by a mort- ceedings for gagee or judgment creditor, or l^y any other person having a charge lairi^wmade. ""^ '"^^^ property, for the foreclosure or sale of property , and to whi ch suit any judgment creditor of the mortgagor or of the judgment debtor, or of the person liable to the charge, is a defendant, personal 1859. Court of Chancery. Cap. 12. Q\ personal service on such defendant shall not be necessary, and it shall be sufficient to serve the process of the Court, whether the same be an office copy of the bill or an office copy of the decree or decretal order, upon his Attorney in the action at Law in which the judgment has been recovered ; but the plaintiff in any such suit in Chancery may elect to serve the judgment creditor personally instead of serving the Attorney. 20 V. c. 66, s. 14. ABSENTEES. 7 1 . An absent defendant may be served at any place out of Service on ab- the jurisdiction of the Court, with a copy of any bill or proceed- ^^''"=^^- ing, without an application being previously made to the Court for the allowance of such service, and the service shall be allowed on proof to the satisfaction of the Court that the same was duly made. 20 V. c. 66, s. 15. MONEY IN COURT. TS. All moneys that become subject to the control and dislri- Money in Court bution of the Court, shall be paid in the name of the Accountant p°^] ^^ ''''" General of the Court into the hands of such person or body corporate, or be vested in the name of the Accountant General in the public funds of the province, or in such other securities, as the Court from time to time directs ; and all interest arising from the sums so deposited or vested, shall be added to the principal sum, and be distributed therewith to the persons -entitled to receive the same. 7 W. 4, c. 2. s. 7. FEE FUND. T3. A fee often cents shall be paid to the Registrar or De- Feestobe puty Registrar, on the filing of every bill and of every answer a^suUor'sF^ or demurrer, in addition to other fees and charges thereon ; Fund, and such fee shall be paid in to an account to be called " The Suitors' Fee Fund Account," which account shall be kept and managed as may from time to time be directed by the Court, and the sums, at the credit of such account, shall be applied by the Court as may be necessary for the protection of infants and other persons not sui juris on whose behalf proceed- ings may be had in the Court, or may, by the Court, be ordered to be had in other Courts. 20 V. c. 66, s. 20. GENERAL ORDERS. 74. All general orders of the Court existing when this Existing orders Act takes effect are hereby confirmed and declared to be '^ "?"''"?'^^" as effectual as if the same were hereby specially enacted ; ' but the same may, from time to time, be suspended, repealed, varied and re-enacted by the Court, and shall, in all respects be subject to the control and direction of the Court and the respective Judges thereof, as in the case of any other general ' orders 62 Cap. 12, 13. Court of Chancery. 22 Vict, orders which the Court is empowered to make under the general or other jurisdiction thereof. 30 V. c. 56, s. 21,-12 V. c. 64, s. 9. The Court em- 75. The Court may, from time to time, make such General malf OTders Orders as to the Court may seem expedient, for regulating the Offices of the Masters and Registrars, and for regulating and securing the due performance of the duties of all the Officers of the Court, and for regulating and adapting to the cir- cumstances of this Province, the practice and proceedings of the Court, and more especially the nature and form of the process and pleadings, the taking, publishing, using and hearing of testimony, the examination of the parties to a suit upon their oaths, vivd voce or otherwise, the allowance and amount of costs and every other matter deemed expedient for better attaiaing the ends of Justice, and advancing the remedies of Suitors ; and the Court may, from time to time, suspend, repeal, vary or revive any such orders, but no such order shall have the effect of altering the principles or rules of decision of the Court. 12 V. e. 64, s. 11. — See c. 72, s. 7,-7 W. 4, c. 2, s. 4,-20 V. c. 66, s. 21. PRISONS. Gaols to be Prisons Court. 76. All gaolsin Upper Canada shall be prisons for the- Court. Prisons o( the 7 W_ 4^ ^ 2, S. 14,— 9' V. C. 10, S. 14, CAP. XIII. An Act respecting the Court of Error and Appeal. HER Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows : EXISTINO COURTS CONTINUED. The Court of *• The " Court of Eraor and Appeal," at present existing in Appeal conti- Upper Canada, is hereby continued, and shall be called the "''^- Court of Error and Appeal. 12 V. c. 63, s. 38. THE JUDGES IN APPEAL. Who to com- S. The Judges for the time being of the Courts of Queen's pose the Court. Bench, Chancery and Common Pleas in Upper Canada, shall be ex officio members of the Court of Appeal. 20 V. c. 6 s. 3. Ketired Judges 3. The Governor may, by Commission under the Great Seal, may be added, from time to time, appoint any retired Judge of any of the said ' Superior Courts, as an additional Judge of the Court of Error and Appeal. 20 V. c. 5, s. 2. 4. 1859. Court of Error and Appeal. Cap. 13. Q^ 4 Every person so appointed shall take such rank and pre- Rank of. cedence, after the Chief Justice of Upper Canada, the Chancel- \(a of Upper Canada, and the Chief Justice of the Court of Common Pleas, as may be designated in his Commission. 20 V. c. 5, s. 2. WHO TO PHESIDE. 5. The Chief Justice of the Court of Queen's Bench for the The Chief Jus- tirne being, and in his absence, the Judge entitled to prece- ''oe to preside. dence over all the other Judges present, shall preside. 20 V. c. 5, s. 4. QUORUM. 6. Seven members of the Court shall be necessary to consti- sevenmem- tute a quorum. 20 V, c. 5, s. 4. ^^^ '»> » "- ' quorum. CLERK. 7. The Registrar of the Court of Chancery shall ex officio ^Jf^^ jg i,^ be Clerk of the Court of Error and Appeal. 12 V. c. 63, s. 43. Clerk. TIMES AND PLACE OF SITTING. 8. The Court of Error and Appeal- shall hold its sittings at the The Court to City of Toronto, on the second Thursday next after the several fi' ** Toronto Terms of Hilary, Easter and Michaelmas, and may adjourn year. from time to time, and meet again at the time fixed on the a<^ournment, for the transaction- of business. 20 V. c 6, s. 4. JURISDICTION AND POWERS. 9. The Court shall have an appellate Civil and Criminal Jurisdiction of Jurisdiction throughout Upper Canada, and an appeal shall lie tlieCourt.i thereto from all judgments of the Coiirts of Queen's Bench and Common Pleas, and from all judgments, orders and diecrees of the Court of Chancery. 12 V". c. 63, s. 40. 10. The Court shall have power to quash proceedings in cases Mayquashpro- brought before it, in which Error or Appeal does not lie, ceedings; or where such proceedings are taken against good faith, or in ^ ^"" which proceedings might heretofore have been quashed in the Court, according to the law and practice in England. 20 V. c. 5, s. 6. 1 1. The Court shall have power to dismiss an Appeal, or to Maydismiss give the Judgment or Decree and to award the process or other -A-Ppeals; proceedings which the Court whose decision is appealed against ought to have given, without regard to the party alleging Error, and rriay also award restitution and payment of costs. 20 V. c. 5, s. 7. DUTIES ^4 Cap. 13. Court of Error and Appeal. 23 Vict. DUTIES OF CLERK. TheCieikto 13. The Judgment, Decree or Award shall be certified by Ameair"""' the Clerk of the Court of Error and Appeal to the proper Officer of the Court below, who shall thereupon make airproper and, necessary entries thereof, and all subsequent proceedings may be taken thereupon, as if the Judgment, Decree or Award had been given in the Court below. 20 V. c. 5, s. 7. APPELLANTS MAY DISCONTINUE. AppeUantsmay 1 3. An appellant may discontinue his proceedings by giving discontinue. xo the respondent a notice headed in the Court and cause, and signed by the appellant or his Attorney, stating that he discon- tinues such proceedings ; and thereupon the respondent shall be at once entitled to the costs of and occasioned by the pro- ceedings in Appeal, and may either sign judgment for such costs or obtain an Order for their payment in the Court below, and may take all further proceedings in that Court as if no ap- peal had been brought. 20 V. c. 5, s. 8. RESPONDENTS MAY ASSENT TO REVERSAL. AKespondent 14. A respondent may consent to the reversal of the Judg- may consent to ment, decree or proceeding appealed against, by giving to the judgment or appellant a notice headed in the Court and cause, and signed decree, &c. ]-,y tjig respondent or his Attorney, slating that he consents to the reversal of the Judgment, decree or other proceeding, and thereupon the Court shall pronounce Judgment of reversal as of course. 20 V. c. 5, s. 9. SECURITIES. Appellants to ^^' ^^ appeal shall be allowed until the appellant has given give security, proper security to the extent of four hundred dollars, to the sa- tisfaction of the Court from whose order, decree or judgment he is about to appeal, that he will effectually prosecute his appeal, and pay such costs and damages as may be awarded in case the judgment or decree appealed from be affirmed. 12 V. c. 63, s. 40. The proviso and see Post, ss. 17, 35, 69 & 60. STAY OF EXECUTION. W/ien perfect- 16- Upon the perfecting of such security, execution shall be ed, execution stayed in the original cause, except in the following cases : 12 to be stayed. y. C. 63, S. 40. EXCEPTIONS. Subject to cer- ^ • ^ ^^le judgment or decree appealed from directs the assign- tain exceptions ment or delivery of documents or personal property, the execu- tiar CTform-' ^^°^ °^ *^^ judgment or decree shall not be stayed until the things ance is required directed to be assigned or delivered have been brought into Court 1S59. Court of Error and Appeal. Cap. 13. 65 Court or placed in the custody of such Officer or Receiver as the bydelivery into Court appoints, nor until security has been given to the satisfaction *^°"'''' of the Court appealed from, and in such sum as that Court directs, that the Appellant will obey the Order of the Appellate Court; 12 V. c. 63, s. 40, No. 2. 2. If the judgment or decree appealed from directs the Or by execut- execution of a conveyance or any other instrument, the execution '"^ "^® mstm- of the judgment or decree shall not be stayed until the instrument has been executed and deposited with the proper Officer of the Court appealed from, to abide the judgment of the Appellate Court ; 12 V. c. 63, s. 40, No. 3. 3. If the judgment or decree appealed from directs the sale Orbythe or delivery of possession of real property or chattels real, the s.'^,'"S of spe- 013.1 sccurilv execution of the judgment or decree shall not be stayed until secu- not to commit rity has been entered into to the satisfaction of the Court appealed waste. from, and in such sum as that Court directs, that during the possession of the property by the Appellant, he will not commit or suffer to be committed any waste on the property, and that if the judgment be affirmed, he will pay the value of the use and occupation of the property from the time of the appeal until the delivery of possession thereof, and also, in case the judgment or decree is for the sale of property and the payment of a deficiency arising upon the sale, that the Appellant will pay the deficiency ; 12 V. c. 63, s. 40, Nos. 4 & 5. 4. If the judgment, order or decree appealed from directs or to pay debt the payment of money, the execution of the judgment or decree »'"' costs, shall not be stayed until the appellant has given security, to the satisfaction of the Court appealed from, that if the judgment, order or decree, or any part thereof, be affirmed, the appellant will pay the amount thereby directed to be paid, or the part thereof as to which the judgmentmay be affirmed if it be affirmed only as to part, and all damaiges awarded against the appellant on the appeal. 12 V. c. 63, s. 40, No. 1. 1 7. When the security has been perfected and allowed, any when given, a Judge of the Court appealedfrom may issue his^a^ to the Sheriff" >*^°^?J^yg to whom any execution on the judgment or decree has issued, to be granted, stay the execution, and the execution shall be thereby stayed whether a levy has been made under it or not. 18 V, c. 123, s. 1. WHEN EXECUTION SUPEBSEDABLE. 18. If at the time of the receipt by the Sheriff of the fiat, or Execution may of a coDV thereof, the money has been made or received by him '^ superseded, r J ' .' . J .1 *• *i, or payment ot but not paid over to the party who issued the execution, the money levied party appealing may demand back from the Sheriff the amount be withheld. made or received under the execution, or so much thereof as is in his hands not paid over, and in default of payment by the Sheriff upon such demand, the appellant may recover the same from him in an action for money had and received. 18 V. c. 123, S.-2. E DEATH 66 Cap, 13. Court of Error and Appeal. 22 Vict. Death of Ap- pellant not to abate .heap- -^^ ^ Nor of the Res- pondent ; DEATH OR MARRIAGE NOT TO ABATE. 19, The death of the appellant after the security has been perfected and allowed shall not cause the appeal to abate. c, 5, s. 10, 20. The death of the respondent shall not cause the appeal to abate, 20 V, c. 5, s. 11. Nor the mar- 21. The marriage of a woman appellant or respondent shall riage of a.feme ^Qt abate the appeal, but the proceedings in error and appeal shall go on as if no such marriage had taken place, and the decision of the Court shall be certified as in other cases, 20 V, c. 5, s. 12, APPEALS FROM THE COURT OF QUEEn's BENCH AND COMMON PLEAS IN CASES OTHER THAN JUDGMENTS OR MATTERS OF RECORD. 1. IN CERTAIN CIVIL CASES. Appeals from the Superior Courts of Com- mon Law. From judg- ments, special verdicts and special cases, &c. 22. An appeal shall lie from a Judgment upon a special case in the same manner as from a Judgment upon a special verdict, unless the parties agree to the contrary ; and the pro- ceedings for bringing a special case before the Court of Error and Appeal shall, as nearly as possible, be the same as in the case of a special verdict, and that Court shall draw any inferences of fact from the facts stated in the special case, which the Court by which the case was originally decided ought to have drawn, 20 V. c. 5, s, 13, On rules to en- 23. An appeal shall lie in the case of a rule to enter a verdict ter a verdict or qj. non-suit upon a point reserved at the trial whether a rule to points reserved, shew cause has been refused or granted, or has been dis- charged or made absolute. 20 V. c. 5, s. 14. And on rules for new trial on certain grounds. In case one Judge dissents or Court al- lows appeal. But due notice must be given, within 14 days. 24. In all cases of motion for a new trial upon the ground that the Judge has not ruled according to law, if the rule to shew cause be refused, or if granted, be afterwards discharged or made absolute, the party decided against may appeal, pro- vided any one of the Judges dissent from the rule being refused, or when granted, being discharged or made absolute, as the case may be, or provided the Court in its discretion think fit that an appeal should be allowed. 20 V. c. 5, s. 15. 25. No appeal shall be allowed under the three preceding sections, unless notice thereof be given in writing to the opposite party or his Attorney and to the Clerk of the Crown of the proper Court, within fourteen days after the decision com- plained of, or within such further time as the Court appealed from, or a Judge, may allow. 20 V. c. 5, s. 16. SO' 1859. Cowt of Error and Appeal. Cap. 13. 67 26. Where the application for a new trial is upon matter of No appeal discretion only, as on the ground that the verdict is against ^J'^s dlgcr™^'" the weight of evidence, or otherwise, no appeal shall be al- tionary with lowed. 20 V, c. 5, s. 15. "^^ C"""- ST. An appeal shall lie in ejectment in the same manner inejeotments. and to the same extent as in any other case. 20 V. c. 5, s. 17. 28. An appeal shall lie in all cases in which a By-law of a' when By-laws Municipal Corporation has been quashed by rule of Court after quashed. argument. 20 V. c. 5, s. 18. 2. — IN CRIMINAL CASES. 29. A person convicted of treason, felony, or misdemeanor. Appeal in cri- before any Court of Oyer and Terminer or Gaol Delivery, minai cases whose conviction has been affirmed by eitherof the SuperiorCourts lup^dor''^ ""* of Common Law, may appeal against the affirmation, and the Couns of Law. Court of Error and Appeal shall make such rule or order therein, either in affirmance of the conviction or for granting a new trial, or otherwise, as the justice of the case requires, and shall make all other necessary rules and orders for carrying such rule or order into effect ; But no such appeal shall be made unless allowed by the Superior Court appealed from, or by two of the Judges thereof, in term or vacation ; nor unless such allow- ance has been granted and the appeal been heard, within six months after the conviction was affirmed, unless other- wise ordered by the Court of Error and Appeal ; and any rule or order of the Court of Error and ji^ppeal shall be final. 20 V. c. 61, s. 4. 3.— APPEAIiS RESTRICTED. 30. No other appeal from a decision of the Court of Queen's No other ap- Bench or Common Pleas shall be allowed, unless the judg- ^otofre'co^?'* ment, decjsion, or other matter appealed against, appears of record. 20 V. c. 5, s. 19. 4. PROCEDURE. 3 1 . In cases not otherwise provided for, an appeal against any j^^ppgajg \[^n^ Judgment or decision shall be commenced and prosecuted with to 4 years, &c. effect within, four years after the judgment or decision has been entered of record, given, or completed, unless with respect to any person entitled to appeal, and who is, at the time such title accrues, within the age of twenty-one years, feme covert, Or six years in non compos mentis, or without the limits of this Province, and certain cases. then such person shall have for commencing his appeal and prosecuting the same with effect, six years after becoming of full age, discovert, of sound memory, or returning to the Province ; and if the opposite party, at the time the title to appeal accrues, be out of the province, then the party desirous of appealing shall have for commencing his appeal and prosecuting the same with effect, six vears after the return of such party to this province. 19 V. c 43, ss. 293, 294. e2 33. 68 Cap. 13. Court of Error and Appeal. 22 Vicj. Writs of Ap- 3@. A Writ of Error and Appeal shall not be used in any civil peal abolished. ^^^^^ ^^^ j^^ proceeding to appeal against a Judgment shall beTstep"!i\le be a Step in the cause. 20 V. e. 5, s. 20. cause. The Notice of S3. Either party alleging error in law may deliverto the Appeal. Clerk of the Crown of the Court wherein the suit was instituted, a memorandum in writing, entitled in the Court and cause, and signed by the party or his Attorney, alleging that there is error in law in the record and proceedings. 20 V. c. 5, s. 21. 34. The Clerk shall file the memorandum, and deliver to the party lodging the same a note of the receipt thereof, and the Jailer shall serve on the opposite party, or his Attorney, a copy of the note, together with a statement of the grounds of error intended to be argued. The memorandum may be to the effect following : To be filed, &c I'orm of Memorandum. " hi the (Q. B. or C. P.) " The day of , in the year of our Lord, 18 Allowance of security to be a supersedeas of execution. {The day.of lodging note of Error.) " A. B. and C. D. " The plaintiff {or defendant) says that there is error in law " in the record and proceedings in this action, and the defendant " {or plaintiff) says that there is no error therein. " A. B., Plaintiff, " {or C. D., Defendant,) " {or E. F., Attorney for Plaintiff or Defendant);" 20 V. c. 5, Sch. Al. 35. Proceedings in an appeal from a decision in a Court of Law shall be deemed a supersedeas of execution from the time of the allowance of the security ; but if the grounds of error or appeal appear to be frivolous, the Court whose judgment is appealed from, or a Judge upon summons, may order execution to issue or to be proceeded with. 20 V. c. 5, s. 22. Assignment of 3®. The assignment of, and joinder in error in law shall not ed with!'''^"^' be used, and instead thereof a suggestion to the effect that error is alleged by the one party and denied by the other, may be entered on the judgment-roll. 20 V. c. 5, s. 23. Sy. The suggestion shall be to the effect following : " The day of , in the year of our Lord, 18 . {The day of making the entry on the Roll.) " The plaintiff {or defendant) says that there is error in the <' above record and proceedings, and the defendant {or plaintiff) Form of Sug- gestion. " says there is no error therein." 20 V. c. 6, Sch. A 2. 38. 1859. Couri of Error and Appeal. Cap. 13. 69 38. In case the respondent intends to rely upon the pro- Notice to be ceeding in error being barred by lapse of time or by release of f'^®" ''^jeiPf^"* error or other matter of fact, he shall give four days' notice in &e„, is relied ' writing to the appellant, to file and serve a copy of his grounds "po"- — -^ of error and appeal instead of entering the suggestion, and the respondent shall within eight days plead thereto the bar by lapse of time, or release of error or other matter of fact, and thereupon further proceedings may be had according to the law and practice in England. 20 V. c. 5, s. 23. 39' The roll shall be made up, and the suggestion en- Roll and sug- tered by the appellant, within ten days after the service of the gestioa to be .■', *^V „ ,' 1 •' ^y ■ ■j.t ■ made lip in ten note 01 the receipt oi the memorandum allegmg error, or withm days. such other time as the Court appealed from or a Judge orders ; and in default thereof or of an assignment of error in a case where an assignment is required, the respondent, his executors or administrators, may sign judgment of non pros. 20 V. c. 5, s. 24. 4©. In case of an appeal on a judgment against several pei- Practice where sons, in which some only appeal, the memorandum alleging severtSparties error and the not^ of the receipt of such memorandum shall appeal, state the names of the persons who appeal, and in case the other persons against whom judgment has been given decline to join in the appeal, the same may be continued and the sugges- tion entered, stating the persons who appeal, without a sum- mons and severance, or if such other parties afterwards elect to join, then the suggestion shall state them to be, and they shall be deemed appellants although not mentioned as such in previous proceedings. 20 V. c. 5, s. 25. 41. Upon such suggestion beins; entered, and after the se- The clerk to CBrtiiv tr&ns- curity required to be given by the appellant has been duly allow- cript of the ed, the Clerk of the Court appealed from shall, on payment of his judgment fees, prepare a full transcript of the judgment appealed against, and certify the same under the seal of the Court, and shall forthwith transmit the same to the Clerk of the Court of Error and Appeal, and the cause may then be set down for argu- ment in ihat Court. 20 V. c. 5, s. 26. '5 4r5S. In case of an appeal upon a motion or rule for a new Frame of ap- trial, or lo enter a verdici or non-suit, or upon arule whereby a peal in special By-law has been quashed, the appeal shall be upon a case to be "i*'^""®^- stated by the parties, or in the event of difference to be settled by the Court or a Judge of the Court appealed from. 20 V. c. 6, s. 27. 43. The case shall set forth so much of the pleadings, what the cast evidence, affidavits, documents, and the ruling or judgment '° ^'^'•'°''''^' objected to, as may be necessary to raise the question for the decision of the Court of Error and Appeal. 20 V. c. 5, s. 27. 44. 70 Cap. 13. Cowt of Error and Appeal. 22 Vict. To be left with 44. When the case has been so stated and settled, the same ' ^^f' °'' AP- shall be forthwith delivered by the Appellant to the Clerk of the ■ Court of Error and Appeal, and the cause may, after the security required to be given by the appellant has been duly allowed, be set down for argument. 20 V. c. 5, s. 27. Copies for each 45. The appellant shall, at least four clear days before the Judge required. ^ appointed for hearing the argument, deliver to the Clerk, a copy for each of the Judges, of the transcript of the Judgment or Case, or in default, the appeal may be dismissed with^costs. 20 V. c. 5, s. 28. Suggestion ill 46. In case of the death of one of several appellants, a sug- case of death, ggg^j^j^ maybe made of his death, and the proceedings may thereupon be continued at the suit of and against the survi- ving appellant, as if he were the sole appellant ; and such suggestion shall not be traversable, but if untrue may be set aside on motion. 20 V. c. b, s. 29. Executor or 47. In case of the death of a sole appellant, or of all the Administrator appellants, the legal representative of the sole appellant, or of may continue V t^, ' . . " i, . n i r ^u ri 1 appeals. the last surviving appellant may, by leave ot the Court or a Judge, enter a suggestion of the death, and that he is such legal representative, and the proceedings may thereupon be continued at the suit of and against such legal representative as the appellant, and if no such suggestion be made, the respondent may proceed to an affirmance of the Judgment according to the practice of the (Jourt, or take such other proceedings as he may be entitled to ; and such suggestion, if made, shall not be traversable, but if untrue may be set aside on motion. 20 V. c. 5, s. 30. Appeal may be 48. In case of the death of one of Several respondents, a continued suggestion mav be made of such death, and the proceedings against surviv- "° , ^. •' , • . ,, • • j . j u jng respondent, may be Continued against the surviving respondent ; and such suggestion shall not be traversable, but if untrue may be set aside on motion. 20 V. c. 5, s. 31. ^1 Notices in case 49. Ill case of the death of a sole respondent or of all the ali'the respon- respondents, the appellant may proceed upon giving one X • • . r 1 J ^ . mustbeven- tom or thmg, relatmg to or issumg out oi lands or tenements, jied. is brought in question, shall be received by any County Court without an affidavit thereto annexed that the same is not pleaded vexatiously, nor for the mere purpose of excluding the Court from jurisdiction, but that the same does contain matter which the Deponent believes to be necessary for the party pleading to enable him to go into the merits of his case. 8 V. c. 13, s. 13. 21. The County Courts may issue writs of Fieri Facias ^nis oi ex.- against goods, and against lands, and writs of Capias ad Satis- ^'^""°"" faciendum against the person, in like cases, upon the same terms, and in the same order, as similar writs may be issued in the Superior Courts of Common Law. 8 V. c. 13, s. 49. 22. 80 'ap. 15. County Courts. 22 Vict. Writs of ex- ecution may run Into other •Counties. 23. The County Courts may issue writs of execution against the person, lands or goods, writs of subpoena, rules on the Sheriff, and all other rules, orders and proceedings into any other County, to be served or executed therein ; and Judge's summonses and orders may be issued in like mariner ; and all such writs, rules, summonses, orders and proceedings, shall be of equal force and effect, and as binding as if the same had issued from the Court or by the Judge of the County to or mto which they may be so issued, and all subsequent proceedings thereupon shall be carried on in the Court in which the action has been brought or the Judgment entered. 13, 14 V. c. 52, s. 3. Power to en- 33. The several County Courts shall have and exercise the force rules, &c. ^^^^ powers to enforce their rules, regulations and directions as the Superior Courts of Common Law possess, and may punish by fine or imprisonment, or by both, for any wilful con- tempt or resistance to their regular process, rules or orders, but such fine shall in no case exceed one hundred dollars, nor shall such imprisonment exceed six months. 8 V. c. 13, s. 48, V See 22 V. c. 93, s. 9. CliERK. The Governor 24. The Governor shall from time to time appoint, under Clerics?''" ^^^ ^^^^^ ^^^^' ^ ^^^^^ ^° ^^^"^y County Court, to hold office during pleasure. 8 Y. c. 13, s. 2. Where his 25. The Clerk of every County Court shall keep his office in heldf ^ '° the Court House, or if there be no room therein, then in such place within the County Town as the Judge directs. 12 V. c. 66, s. 12,— 8 V. c. 13, s. 73. Office hours. ,.. gg. Every such Clerk shall keep his office open for the transaction ofbusinesson evei-y day, Sundays, Christmas Day, New Year's day. Good Friday, Easter Monday, the birth day of the Sovereign, and any day appointed by Royal Proclamation for a general fast or thanksgiving excepted, from the hour of ten in the forenoon to the hour of three in the after- noon, and in Term Time from nine in the forenoon to four in the afternoon. 8 Y. c. 13, s. 73,-12 Y. c. 66, s. 12,-13, 14 Y. c. 23, s. 5,— See 19 Y. c. 43, s. 13. The Clerk to gf. The Clerk of every County Court shall keep an account issue all Writs, ^^ ^^^ Writs, including SuOpmnas, and of all Rules and Orders of his Court, and of all other papers and proceedings whatsoever mentioned and included in the Schedule hereto annexed upon which Fees are to be collected by such Clerk and paid over to the Fee Fund through the County Attorney, and he shall receive and take all Fees payable on eveiy such Writ or other proceeding. To receive cer- g^^^ gh^U duly and regularly enter an account of all such Fees Fee Fund?' in a Book to be kept by him, which Book shall be open to all persons desirous of searching the same on payment of twenty-five cents for each search, and such Clerk shall, at 1859. County Courts. Cap. 15. 'gj at the periods, from time to time appointed by Ihe Governor, submit his accounts to be audited by the Judge of the County Court ; but no such fee shall be demanded or received for searching either the Appearance or Plea Book only. 20 V. c. 59, s. 13,— 8 V. c. 13, s. 62. 28. The' Clerk of every County Court shall, from time to Clerk to render time, as often as required so to do by the County Attorney of amounts «o ,,./,. J ii i • ^1 .1 11. County Attor- his County, and at least once in every three months, deliver ney. to him, verified by the affidavit of such Clerk sworn before the Judge or a Justice of the Peace of the County, a full account in writing of the fees received in his Court, and a , like account of all fines levied by the Court. Post c. 19, ss. 38, 99,-8 V. c. 13, s. 64,-20 V. c. 59, ss. 12, 13. 39. The fees from time to time received by such Clerks res- To pay over pectively, and payable to the General Fee Fund, shall be by Fee Fund lees, them paid over from time to time to the County Attorney, and at least once in every three months, and shall form part of a fund, to be called the General Fee Fund, and be applied towards the payment of the salaries of the Judges of the County Courts. 8 V. c. 13, s. &4. 30. Unless otherwise ordered or provided by rule of Court Fees to belong under the Common Law Procedure Act, the fees specified in '° ^«« ^"°<'- the Schedule subjoined shall be the Fees which are to be received by the Clerks of the several County Courts and which are to belong to, and to be by them paid over to the Fee Fund. 8 V. c. 13, s. 75,-20 V. c. 58, s. 8. 3 1 . The Clerks of the County Courts shall tax costs, sub- To tax costs. ject in the event of any dispuie arising at taxation, to an appeal to the Judges of the said County Courts respectively. 8 V. c. 13, s. 75. 3S. The Governor in Council may cause to be paid to the Anextraallow- Clerk of the County Court for the United Counties of York and ance may be Peel, and after the dissolution of the Union of such Counties, cierkofihe to the Clerk of the County Court for the County of Yorlc, over Coumy of and above all Fees received by him, an allowance not to *• exceed four hundred dollars per annum out of any Surplus that may remain of the Fee Fund of such United Counties, or County, after all other charges thereon have been first defrayed. 19 V. c. 90, s. 25. SCHEDULE. FEES TO BE RECEIVED BT THE CLEKK AND TO BELONG TO AND BE PAID OVER TO THE PEE FUND, 19 V. C. 90, S. 23. See s. 30, Sup. % cts. Every Writ of Summons or Capias ad Respondendum, 30 F Every 82 Cap. 15, County Courts. 22 Vict. Every Verdict, 20 V. c. 68, s. 19 1 25 Every Certificate of Proceedings made by a Judge to be transmitted to the Court of Queen's Bench, or Common Pleas 50 Every Rule requiring a motion in open Court, 30 Every Rule or Order of Reference, 30 Every other Rule or Judge's Order, 25 Every Recognizance of Bail taken by a Judge, 30 Every Affidavit administered by Judge, 20 Every reference on a Bill, Note, Bond, Covenant, Account or Claim, 60 Every Writ of Subpoena, 20 Every Judgment entered, 1 25 Every oath administered in open Court, 20 For every Special hearing before the Judge. 19 V. c. 99, s. 18 1 '■) For every day's sitting in taking Examinations and Evidence, 2 On every reference to the County Judge, from the Superior Courts, two dollars per day., for every day's sitting, in taking the Examinations and Evidence. 19 V. c. 90, s. 18. Twenty cents per folio on the Evidence taken by the County Judge on every Reference to him from the Superior Courts. For every Report on the Examinations and Evidence on the Reference to the County Judge by the Superior Courts, one dollar. In applications and proceedings other than in suits in any Court of Civil Judicature, the same fees as nearly as the nature of the case will allow, as are payable under the Act for the relief of Insolvent Debtors. 19 V. c. 90, s. 21. 2. EQUITY JURISDICTION. Equityjurisdio- 33. The County Courts in Upper Canada shall possess the tion ot i^je jurisdiction and authority in respect of the matters herein- after mentioned as was possessed by the Court of Chancery of Upper Canada, on the twenty-third May, one thousand eight hundred and fifty-three. 16 V. c. 119, s. 1. Claims may be 34. Any person seeking equitable relief may (personally or entered with by Attorney) enter a claim against any person from whom cases-^'^'' '" such relief is sought, with the Clerk of the County Court of the County 1859. County Courts. Cap. 16. 33 County within which such last mentioned person resides, in any of the following cases, that is to say : 16 V. c. 1 19, s. 2. 1. A person entitled to and seeking an account of the dealings Of partnership ; and transactions of a partnership dissolved or expired, the joint stock or capital not having been over eight hundred dollars ; 2. A creditor upon the estate of any deceased person, such Of estates of creditor seeking payment of his debt (not exceeding two hun- sons^^^ ^^^' dred dollars) out of the deceased's assets (not exceeding eight hundred dollars) ; 3. A legatee under the will of any deceased person, such le- Legatees; gatee seeking payment or delivery of his legacy (not exceeding two hundred dollars in amount or value) out of such deceased pe rson's personal assets (not exceeding eight hundred dollars) ; 4. A residuary legatee, or one of the residuary legatees of Residuary Le- any such deceased person seeking an account of the residue ss'*^^; and payment or appropriation of his share therein (the estate not exceeding eight hundred dollars) ; 5. An executor or administrator of any such deceased per- Executors and son seeking to have the personal estate (not exceeding eight administrators j hundred dollars) of such deceased person, administered under the direction of the Judge of the County Court for the County within which such executor or administrator resides ; 6. A legal or equitable mortgagee whose mortgage has been jyjo,,,, created by some instrument in writing, or a judgment creditor having duly registered his judgment, or a person entitled to a lien or security for a debt, seeking foreclosure or sale or other- wise to enforce his security, where the sum claimed as due does not exceed two hundred dollars ; 7. A person entitled to redeem any legal or equitable mort- Mortgagors; gage or any charge or lien , and seeking to redeem the same, where the sum actually remaining due does not exceed two hundreid dollars ; 8. Any person seeking equitable relief for, or by reason of in all oases not any matter whatsoever, where the subject matter involved does S^oo"'™^ not exceed the sum of two hundred dollars. 35. Injunctions to restrain the committing of waste or tres- injunctions. pass to property by unlawfully cutting, destroying or removing trees or timber, may be granted by the Judge of any County Court, and such injunctions shall only remain in force for a period of one month, unless sooner dissolved on an application to the Court of Chancery; but the power to grant such injunction shall not authorize the prosecuting of the suit in the County r^ Court, ^4 Cap. 15. County Courts. 22 Vict. Go^rt, and the injunction may be extended and the suit further prosecuted to judgment or otherwise in the Superior Court in the like manner as if the same had originated in that Court. 16 V. c. 119, s. 2, No. 9. PBOCEDUKE. ffiractice. 36. When not otherwise provided by Rules or Orders of the Court of Chancery, the forms and course of proceeding in the cases enumerated above, may be in principle as hereinafter provided, and the claim may be as follows : 16 V. c. 119, s. 3. In the County Court of the County of iFovmof chim, A. B., of the Township of , > "^ the said County, *o. states, that from the day of down to the day of , he, and C. D., of the Township of , in the said County,, carried on the business of in copartnership, under certain articles of copartnership, dated the day of , and made between the said A. B., and the said C. D., on the day of (or under a verbal agreement, &c., as the case may be), that the said Copartnership wa« dissolved {or expired, as the case may be,) on the day of , yet that the said C. D., refuses to account with the said A. B. concerning the dealings and transactions thereof. The said A. B. claims relief in the premises, and that an account of the partnership dealings and transactions between the said A. B. and C. D., may be taken, and the affairs and business of the said Copartnership wound up and settled under the directions of the Court, and such further relief given as may be jrist and proper. And the said A- B. requests that a Writ of Summons be issued from the Court, according to the Statute in that behalf, requiring the said C. D. to appear on the day of , before the Judge of the Court, to show cause, if he can, why the relief claimed by the said A. B. should not be had, and such order in the premises made as may be just. Dated the day of A. B., in person. Or A. B. by J. P., one, &c.) 16 V. c. 119, A. To befiledwith 37. Upon entering the claim with ihe Clerk, the Clerk shall the Clerk- and number and file the same according to the order in which it is ■Seteon."'^' entered, and shall thereupon issue a Summons under the seal of the Court, briefly stating the nature of the claim and bearing the number of the claim on the margin thereof, requiring the person against whom the claim is made, to appear before the Judge on some day in the next term of the Court, or (by a Special Order of the Judge,) on a day out of term and thereia named, to show cause why the relief claimed by the plaintifi 1859. County Courts. Cap. 15. 85 Plaintiff should not be had, or why such Order as may be just with reference to the claim should not be made. 16 V. c. 119, ss. 4, 5. 38. The Writ of Summons shall be to the effect following : Formof Suras- Iti V. c. 119, s. 5. ™™^- Victoria, &c., (County of .) To C. D. of , Greeting : [L. S.] You are hereby summoiied to appear either in per^ son or by Attorney before His Honor the Judge of the County Court of the County of , on the day of , at twelve o'clock noon, at the Court House, in the town of , to answer the complaint of A. B. of the, &c., , who has filed a claim against you in this Court for an account of the dealings and transactions respect- ing a partnership between you and the said A. B. now expired, {or as the same may be, stating briefly the nature of the claim) a certified copy of which claim is hereunto attached ; and you are required then and there to show cause, if you can, why such relief as is claimed by the said A. B. should not be bad, or why such Order as may be just, with reference to the claim, should not be made. Witness, , Judge of the County Court of the County of , at , this day of J 6 V. c. 119, B. 39. A copy of the Writ of Summons, with a certified copy of Service of cop^. the Plaintift's claim so entered as aforesaid attached thereto, shall be served on the Defendant ten days at least before the day appointed in the Writ for showing cause. 16 V. e. 119, s. 6. 4©. When necessary, alias and pluries Writs of Summons JiiasSnromom' may be issued. i"»y 'ssue. 41 . At the time appointed for showing cause, the Defendant Appearancei. shall appear personally or by Attorney, and show cause, (and if necessary by Affidavit) why the relief claimed by the Plaintiff should not be had against him ; and each party, on giving five clear days' notice in writing prior to any bearing, of his intention so to do, may examine the other party upon the matters relating to such claim. 16 V. c. 119, s. 7. 4:S. The Judge, on hearing the claim, and what the Plaintifl' The hearingi. alleges in support thereof, and any other evidence which he pro- duces in that behalf, whether oral or written or by affidavit, and what is alleged on the part of the Defendant, and the evidence 86 Cap. 16, County Courts, 22 Vict. The taking of accounts may be ordered. Parties may be .added or cited. evidence which he produces in that behalf, whether oral or written or by affidavit, or on production of an affidavit, that the Writ of Summons and copy of claim have been personally served on the Defendant, may, if he, the said Judge, thinks fit, make an Order granting or refusing the relief claimed, or directing any accounts or inquiries to be taken or made, before himself, if he deems such course expedient, or before the Clerk of the Court, at days or times to be appointed by the Judge for the purpose, or the Judge may direct such other proceedings' to be had for the purpose of ascertaining the plaintifPs title to the relief claimed, or may make such other Order, as according to the nature and circumstances of the case may seem to be just and proper. 16 V. c. 119, s. 7. 43. The Judge may direct such persons or classes of persons, as he may thinlv necessary or fit, to be summoned or ordered to appear as parties to the claim, or on any proceedings with reference to any account or inquiries directed to be taken or made, or otherwise. 16 V. c. 1 19, s. 7. "Oral evidence to be on oath. 44. All oral evidence given by any person before the Judge relating to such claim, shall be upon the oarth of the person giving the same, to be administered by or before said Judge. 16 V. c. 119, s. 7. Costs in default 4«l. In default of the appearance of either of the parties, the ofappearanoe Judge may make such Order as to the payment of costs by the party in default, as to him seems meet. 16 V. c. 119, s. 7. The Judge to 46. The Judge of the County Court shall be the sole Judge decide i>oih law ju all actions brought in his Court under the equity jurisdiction maydire'ot a given by this Act, and shall delermine in a summary manner all questions of law or equity as well as of fact arising therein, unless he thinks proper to have any fact controverted in the suit tried by a jury, or unless either party applies to have such fact so tried. 16 V. c. 119, s. 8. aydi trial of fact by Jury. When atrial by 47. If an order be made allowing trial by Jury, the trial ria'ce!^'""''"' shall take place at ihe then next Sittings of the County Court, and shall be conducted in the same manner as other trials by Jury are conducted in the Court. 16 V. c. 1 19, s. 8. If a new trial not moved for, the Judge to decide the case. 48. If a new trial be not moved for within ten days after the verdict rendered, the Judge may proceed to make such Order and Decree on the verdict of the Jury as according to the nature and circumstances of the case may seem just and proper. 16 V. c. 119, s. 8. The rules ofihe 40. The Rules of decision in the County Courts in respect to ce°ry''io°appiy"" ^^^ matters aforesaid, shall be the same as govern the Court of Chancery, when not otherwise provided for by this Act, so far as such rules are applicable to a Court of Summary. Jurisdiction ; 1859. County Courts. Cap. 15. §7 Jurisdiction ; and the said County Courts shall possess au- thority to enforce obedience to their Orders, Judgments and Decrees, in respect to the matters in this Act contained ; and all Sheriff and Sheriffs, Gaolers, Coroners, Constables and other Peace Officers, be aWing^Tc!* shall aid, assist and obey the said County Courts respectively, in the exercise of their jurisdiction, when required by any County Court so to do. 16 V. c. 119, s. 9. 50. The Judge may at any time, in furtherance of justice Amendments and on such terms as he thinks proper, amend the claim filed, ™^^ "^ '"^°* and any proceeding relating thereto, by adding or striking out the name of any party, or by correcting a mistake in any other respect, or by inserting other allegations material to the case, or by adapting such claim or proceeding to the facts proved, where the amendments do not change substan- tially the form of the suit; and may also in any stage of the proceedings disregard any error or defect which does not affect the substantial rights of the adverse party, and may make any Order for granting time to the Plaintiff or Defendant to proceed in the prosecution or defence of his suit that to such Judge may seem necessary for the ends of justice, 16 V. c. 119, s. 10. 51. Every Order by the Judge of the County Court, made Orders, &o., upon the hearing of any claim, or in respect to such claim and '>°w enforced, suit, or in respect to the matters herein mentioned, may be en- forced in the same manner as any Judgment or Order of a County Court is or may be enforced in the Court, under the provisions of law in relation to the said Courts, so far as such provisions are applicable, or in such other manner as prescribed by Rules already made or to be made in the manner hereinafter mentioned. 16 V. c. 119, s. 11. 53. The Judge before or upon any hearing or trial, or upon The Judge to takina; any accounts or making any inquiries, shall have the P"^**^ ""^ " •' ^ 1 xi -111 samepoweraas same power to order the parties to produce books, papers the Court of and writings as is possessed by the Court of Chancery, Chancery in and may cause advertisements for Creditors, and next of kin, stances. or other unascertained persons, and the representatives of such as may be dead, to be published in the usual forms or other- wise, as the circumstances may require, and may in such ad- vertisements, appoint a time within which such persons are to come in and prove their claims, and after which time, unless they so come in, they shall be excluded from the benefit of the Order. 16 V. c. 119, s. 12. 53. No Order, Direction, Verdict, Decree or Judgment, or Proceedings not other proceeding made on the Equity side of any County Court ^°o^^'^i*^'"^ shall be reversed, quashed or vacated for want of form. 16 V. form. c. 119, s. 13. 54:. Except the Summons at the commencement of the suit. Summonses, every Summons and every Order, Notice or other proceeding be'sSred!'' '* requiring 88 Cap, 15. County Courts. 22 Vict. requiring service, shall be served ten days at least before the day on which the same is returnable, or intended to be acted upon unless otherwise directed by the Judge. 16 V. c. 119, s. 14. Costs, 55. The costs in every suit or proceeding brought or had on the Equity side of the County Courts, shall be paid by or ap- portioned between the parties in such manner as the Judge thinks fit, and in default of any special directions the costs shall abide the event of the suit or proceeding. 16 V. /C. 119, s. 15. Affidarita, be- 5&. All affidavits to be used in the said Courts may be swona fore whom before any Judge or Clerk of the said Courts, or before any Commissioner for taking affidavits in the Superior Courts. 16 V. c. 1.19, s. 16. sworn. REMOVAL OF SUITS. Incertain cases 57. Any claim entered on the Equity side of a Counfy Court remov^mto^ ^'^^^ ^^ removed by either party into the Court of Chancery by Chancery. Order of that Court, to be obtained on a summary application by motion or petition supported by affidavit, of which reason- able notice shall be given to the opposite party, and the Order shall be made on such terms as to payment of costs, giving se-. curityin respect to the relief claimed and costs, or upon such other terms as to the Court of Chancery may seem just; but no claim shall be removed, unless the Court of Chancery be of opinion that the nature of the claim renders it a proper one to be withdrawn from the jurisdiction of the County Court, and disposed of in the Court of Chancery, and the said Court ol Chancery shall make the necessary regulations for the practice to be observed in proceedings under this section. 16 V. c. 119, s. 17. Chancery to 58. In order that the mode of proceeding under this Act may be ^ra'^nd"or^ fully traced out, and from lime to time improved and rendered as den; simple. Speedy and cheap as may be, it shall be the duty of the Judges of the Court of Chancery, to frame sach General Rules and Orders and all such forms as to them may seem expedient, concerning the process, practice, Orders and proceedings on the Equity side of the County Courts under this Act, and in relation to any of the provisions thereof as to which there may arise May amend the doubts ; and from time to time to alter and amend such »aine. Rules, Orders and Forms, and also the forms and mode Their effect. of procedure prescribed by this Act; and such Rules, Orders and Forms as may be made and framed by the Judges or any two of them, (of whom the Chancellor of Upper Canada shall be one,) shall, from and after a day to be named therein, be in force in every County Court, and shall be of the same force and effect as if the same had been embodied in ail Act of Parliament. 16 V. c. 119, s. 19. 59- 1S59. Cownty Cowls. Cap. 15. gg^ 59. There shall be payable on every proceeding under this Fees to Fee Act in a County Court, the fee hereafter set down for such pro- ceeding, and such fee shall be received by the Clerk and belong to and be paid over to the Fee Fund, namely : 16 V. c. 119, s. 20. $ cts. Every claim filed 25 Every Writ of Summons, or other Writ under the Seal of the Court, 25 Every Order or application for Order, 25 Every Hearing, one dollar ; to be increased in the dis- cretion of the Judge to a sum not exceeding. ... 2 Every Oath administered in Court, 20 Every Certificate under Seal of the Court, 25 Every Sitting in taking an account, or other Sittings, 16V.c.ll9,C 1 6©. The Clerk of every Counly Court shall keep a separate Howaccounts account of the said fees, and shall render an account thereof to to be kept, &c^ the County Attorney, and shall pay over the amount thereof to him, under the same liabilities, se(;uriiies and condi- tions, and to be accounted for in like manner as the present General Fee Fund of the County, and the several provisions in relation to the receiving, accounting for and paying over fees, and in relation to the reaponsibililies and duties of the County Attorney a&d Clerks, shall apply to the last mentioned fees under this Act. 16 V. c. 119, s. 20,-20 V. c. 59. 61 There shall be payable to the Clerk of every County pees to Clerk, Court, and to the Sheriff' of every County respectively, for his own use, the fees tieteafter set down, namely : 16 V. c. 119, s. 21. FEES TO THE CLERK. $ cts. Receiving and filing Ciainfi, 6| Every Writ of Summons, or other Writ, 20 Filing every separate paper, 5 Preparing Order, per folio for every folio over three,. . 26| Taking any Affidavit other than an t)ath in open Court, 20 Every Search, 10 Recording every final Order or Decree, 20 Other Orders 10 Every 90 Cap. 15. County Courts. 23 Vict. f cts. Every Certificate not exceeding three folios, 20 Every Special Writ, Writ of Execution or other Special Document, per folio 13| Taxing costs. 20 Every attendance on reference, 1 Every Verdict taken, 50 FEES TO THE SHERIFF. To Sheriff. Every Summons or Order served, including Return,. . 60 Every Jury sworn, 60 Every Execution or Judgment Order received, 26 Return thereof, money made or party arrested, 25 Necessary mileage actually travelled, per mile 6| For any other service, a sum to be fixed by Order of the Judge not exceeding the present allowance by Statute for a similar service. 16 V. c. 119, D. Attorney and ®2- The costs to be paid to Attorneys and Counsel in the Solicitor. County Courts, as between party and party, for proceedings under this Act, shall be as follows : 16 V. c. 119, s. 21. ATTOENET AND SOLICITOR. $ Cts, Instructions to sue or defend, 50 Drawing Claim, 50 Fee on every Writ or Order, 25 Common Affidavits 20 Common Notice or Appointment, , 20 Every necessary Attendance, 10 Special Affidavits and other Special Documents, per folio, 13| Fee on Common Motions, 25 Copy of every paper when necessary, half the amount allowed for the Original ; Bill of Costs, 20 Postages actually paid. COUNSEl. 1869. County Courts. Cap. 15. 91 COUNSEL. Fee on Special Applications, Arguments, Hearings, &c., Counsel. two dollars, to be increased at the discretion of the Judge to five dollars 16 V. c. 119, E. 63. If any suit or proceeding be commenced in the Court of Costs restrain- Chancery for any cause or claim which might have been entered ^'^■ in a County Court, no' costs shall be taxed against the Defendant in such suit or proceeding, and the Defendant, if he succeeds in the suit, shall be entitled to a Decree against the Plaintiff for his costs, as between Attorney and Client, unless the Court of Chancery be of opinion that it was a fit cause or claim to be withdrawn from a County Court and entered in the Court of Chancery. 16 V. c. 119, s. 22. 64:. The several provisions of law respecting the powers. The Common practice and proceedings of the County Courts, under their ^^'^ powers •> ' flud Drscticfi to Common Law Jurisdiction, shall, so far as applicable to an apply so far as equitable jurisdiction, apply to the said Courts in the exercise applicable. of their Equity Jurisdiction. 16 V. c. 119, s. 23. 65. The rules and orders made by the Court of Chancery, Existing rules and now in force for the regulation of the practice of the continued. County Courts in suits in equity, shall continue until altered under the authority of this Act. 66. In construing this Act, unless there be something in the interpretatioo subject or context repugnant to such construction, the word '^'^"*'^- " affidavit," includes affirmation, the word " legacy," includes an annuity and a specific as well as a pecuniary legacy ; the word "legalee," includes a person interested in a legacy ; the words " residuary legatee," include a person interested in the residue ; and the word " County," includes two or more Coun- ties united for judicial purposes. 16 V. c. 119, s. 24. 3.-APPEALS FROM THE COUNTY COURTS. 1. TO A SUPERIOR COURT OF COMMON LAW. 69'. Incase any party to a cause on the Common Law side in what cases in any of the County Courts is dissatisfied with the decision of a" appeal lies the Judge upon any point of law arising upon the pleadings, or iy"courts t™' respecting the reception or rejection of Evidence, or with the one of the Su- charge to the Jury, or with the decision upon any motion for a of Law.°" nonsuit or for a new trial or in arrest of Judgment, or for Judg- ment non obstante veredicto, the Judge at the request of such party, his Counsel or Attorney, shall stay the proceedings for a time not exceeding four days, in order to afibrd the party time to execute and perfect the bond required to enable him to appeal the case. 8. V. c. 13, ss. 10, 11, 57,-12 V. c. 66, s. 11,-12 V. c. 63, s. 47.— See c. 64, s. 11. 68. In case the party wishing so to appeal gives security to the Whatsecuritiea opposite party by a bond executed by himself and two sureties, '° ^^ ^'™°" in 92 Cap. 15. County Courts. 22 Vict. Besult to be certified to the Court below. in such sum as the Judge of the Court to be appealed from directs, conditioned to abide by the decision of the cause by the Court to be appealed to, and to pay all sums of money and, costs as well of the suit as of the appeal awarded and taxed to the opposite party ; and in case the sureties in such bond justify to the amount of the penalty of the said bond by affida- vit annexed thereto in like manner as bail are required to justify, and in case such bond and affidavit of justification and also an affidavit of the due execution of the bond are produced to the Judge of the Court appealed from, to remain with the Clerk of such Court until the opinion of the Court appealed to has been given and then to be delivered to the successfal party, then, at the request of the party appellant the Judge of the Court appealed from shall certify under his hand to either of the Superior Courts of Common Law named by sucii appellant, the pleadings in the cause, and all motions, rules or orders made, granted or refused therein, together with his own charge^ judgment or decision thereon, and when a trial has been had, the evidence, and all objections and exceptions thereto — where- upon, the matter shall be set down for argument at the next term of the Court appealed to, and that Court shall give such order or direction to the Court below, touching the judgment to be given in the matter as the law requires, and shall also award costs to either party in their discretion, which costs shall be certified to and form part of the judgment of the Court below ; and upon receipt of such order, direction and certifi- cate, the Judge of the Court below shall proceed in accordance therewith. 8 V. c. 13, s. 57,-12 V. c. 63, s. 47. . TO CHANCERY. An appesl given to Chan- cery. Arecogtiizance to be entered into. The Court of Chancery may make regula- tions. Short Title. ©9. Either party may appeal to the Court of Chancery against any Order or Decree made by the Judge of a County Court under the Equity Jurisdiction conferred by this Act ; and the Court of Chancery shall make such Order thereupon in respect to costs or otherwise, or for referring back the matter to the Judge before whom the same was fir.st heard, as may be just and proper; But befor.> the County Court Judge is called on to certify to the Court of Chancery, ihe Or- der or othermatter appealed against, the party appealing shall en- ter into a recognizance, with sufficient sureties to the satisfaction of the Judge, to pay the sum decreed in case relief be not had on the appeal, or to obey the Order, (or as the case may be ;) and when the party appealing appears by Attomey, an affidavit shall be made by the Attorney, that the appeal is not intended for delay as he believes, and that there is, in his opinion, pro- bable cause for reversing the Order or Decree against which the appeal is made ; and the Court of Chancery shall specially make the necessary regulations for the practice to be observed in proceedings under this section. 16 V. e. 119, s. 18. 7®. This Act may be cited as " The County Courts Act." 16 V. c. 119, s. 25. CAP. 1869. Surrogate Courts. Cap. 16. ^3 CAP. XVI. An Act respecting the Surrogate Courts. HER Majesty, by and with, the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows : SURROGATE COURTS. 1. Nothing in this Act shall extend or be construed to Siurog^te extend to make the Surrogate Courts, held under the provisions Courts not to 1 uG 0661116(1 nC^T of this Act, new Courts, or to annul or make void any existing courts ; officers commission or appointment of any Judge of the said Surrogate and suits, &c.. Courts, who is also a. Judge of the County Court, or of any Re- gistrar of a Surrogate Court, but they shall be taken to be to all intents and purposes the same Courts as if they had conti- nued to be held under the provisions of the Surrogate Courts Act 1858, or of the Act thereby repealed; and the said Judges and Registrars shall continue to discharge their res- pective functions, and all suits and matters pending in the said Courts, when this Act comes in force, shall be con- tinued under the provisions of this Act. 22 V. c. 93, s. 69. 3. In and for each County in Upper Canada there shall be a a Surrogate Court of Law and Record to be called " The Surrogate Court" Court estabiish- of each respective County, over each of which Courts one Judge county^with shall preside ; and there shaU also be a Registrar, and such Judge and Ke- Oificers as may be necessary for the exercise of the jurisdiction S'^trar, &c. to the said Courts belonging. 22 V. c. 93, s. 2. SEALS. 3. Each of the said Surrogate Courts shall be provided c.'ourts to have with a suitable seal to be approved of by the Governor, and e^plitotfons' the Judges of the said Courts may respectively cause the same and copies un- from time to time, with the approval of the Governor, to be bro- be'recetvS^iu" ken, altered or renewed ; and all Probates, Letters of adminis- evidence, tration, grants, orders, Letters of guardianship and other instru- ments and exemplifications, and copies thereof respectively, purporting to be sealed with the seal of any Surrogate Court shall in all Courts and in all parts of Canada, be received in eyidence without further proof thereof. 22 V. c. 93, s. 7. . JUDGES OF. 4. The Senior Judge of the County Court, in each County, Judges of shall be ex officio Judge of the Surrogate Court for the County, Z°Tl^o^ and in case of the illness or absence of any Judge of a Surro- JudgesofSur- gate Court, the Junior Judge or the Deputy Judge, if there be ''"s^'e Courts. one in the County of the County Court, shall have all the powers and privileges and perform all the duties of the Judge of the Surrogate Court, during such illness or absence, as is now 94 Cap. 16. Surrogate Courts. 22 VrcT, now provided for by law in case of the illness or absence of the Judge of the County Court. 22 V. c. 93, s. 60. JUDGE'S OATH. Judges and Re- 5. Every Judge of a Surrogate Court appointed after this gist?ar3 totake Act comes in force, shall, before executing the duties of his office, take the following oath before some one authorized by law to administer the same : oath of office. Form of Jud- -ge's oath. " I, , do solemnly and sincerely promise and swear " that I will duly and faithfully, and according to the best of " my skill and power, execute the office of Judge of the Sur- " rogate Court of the County or United Counties, as the case " may be) of . So help me God." 22 V. c. 93, s. 3. KEGISTKARS. mo to be Re- ©• On the death, resignation or removal of the Registrar gistrar. of any Surrogate Court, the Clerk of the County Court shall be ex officio Registrar for the County. 22 V. c. 93, s. 60. eegistrar's oath. Form of Re- 7. Every Registrar of the said Surrogate Courts shall, before gistrar's oath, jjg gij^H be entitled or qualified to act as Registrar under this Act, take the following Oath before the Judge of the Court, or some other person authorized by law to administer the same : " I, , do solemnly and sincerely promise and swear " that I will diligently and faithfully execute the office of " Registrar of the Surrogate Court of the (County or United " Counties, as the case may be,) of , and that I will " not knowingly permit or suffer any alteration, obliteration or " destruction to be made or done by myself or others on any " Wills or testamentary papers, or other documents or papers " committed to my charge. So help me God." 22 V- c. 93, s. 3; JURISDICTION AND POWERS. Testamentary jurisdiction to be exercised by the Surrogate Courts. Sitting of Courts. Powers and jurisdiction ot 8, All jurisdiction and authority voluntary and contentious in relation to matters and causes testamentary, and in relation to the granting or revoking Probate of wills and letters of ad- ministration of the effects of deceased persons having estate or effects in Upper Canada, and all matters arising out of or con- nected with the grant or revocation of Probate or Administra- tion, shall continue to be exercised in the name of Her Ma- jesty, in the several Surrogate Courts in Upper Canada, and each Surrogate Court shall hold its sittings in the County Town of each respective County. 22 V. c. 93, s. 1. 9. The said Surrogate Courts power, jurisdiction and authority -. respectively shall have full 1. To issue process and hold cognizance 1859. Surrogate Courts. Cap. 16. 95 cognizance of all matters relative to the granting of Probates, and Surrogate committing letters of administration, and to grant Probate of ^o^''^- Wills and commit letters of administration of the goods of per- sons dying intestate, having estate, goods, rights or credits in Upper Canada, and to revoke such Probate of Wills and letters of administration ; 2. To hear and determine all questions, causes and suits in relation to the matters aforesaid, and to all matters and causes testamentary ; and 3. subject to the provi- To have the sions herein contained, such Courts respectively shall also have as the'ibrmer the same powers, and the grants and orders of the said Courts po"''f «' ^""r shall have the same effect throughout all Upper Canada, and in matters, relation to the personal estate of deceased persons, as the former Court of Probate for Upper Canada, and its grants and orders respectively had in relation to those matters and to causes testamentary within its jurisdiction, and to those effects of de- ceased personsdying possessed of goods and chattels over twenty dollars in value in two or more Counties in Upper Canada, and all duties which by Statute or otherwise were imposed on or exercised by the said Court of Probate, or the .Tudge thereof in respect of Probates, Administrations and matters and causes testamentary, and the appointment of Guardians and otherwise, shall be performed by the said several Surrogate Courts and the Judges thereof, within their respective jurisdic- tions ; but no suits for legacies, or suits for the distribution of residues shall be entertained by any of the said Surrogate Courts. 22 V. c. 93, s. 4. SITTINGS. 10. In order that certain stated times may be fixed for hearing xerms or times^ and determining matters and causes in contentious cases and of sittings presr business of a contentious nature in the said Surrogate Courts ''"'^• respectively, there shall be four Terms or times of Sitting in each year for the purposes aforesaid, which shall severally commence on the First Monday in the months of January, April, July and October, and end on the Saturday of the same week ; and the Judges of the several Courts may appoint one or more days for the living jud". giving of Judgment after Term in the same way as is provided ment after by law in respect to County Courts. 22 V. c. 93, s. 5. '^'■'°- EFFECT OF DOMICILE, 1 1 . The grant of probate or letters of administration shall be- To what parti- long to the Surrogate Court for the County in which the testator fi^e^granrof or intestate had at the time of his death his fixed place of abode ; Probate or Ad- And if the testator or intestate had no fixed place of abode ^'"/i^befon" in or resided out of Upper Canada at the time of his death, and effect of such grant may be made by the Surrogate Court for any ^!^f^?tjaUon. County in which the testator or intestate had personal or real estate at the time of his death ; and probate or letters of admi- nistration by whatever Court granted shall, unless revoked, have effect over the personal estate of the deceased in all parts of Upper Canada. 22 V. c. 93, s. 6. ATTENDANCE 96 Cap. 16. Surrogate Courts. 32 ¥itiT. Power to re- quire attend- ance of parties or witnesses, and to examine them. As to produc- tion of Deeds and Instru- ments, &c. ATTENDAAfCE OF PARTIES WITNESSES, &C. 13. The said Surrogate Courts respectively may require the attendance of any party in person or of any person whom it may think fit to examine or cause to be examined in any suit or other proceeding in respect of matters or causes testa- mentary, and may examine or cause to be examined upon oath or affirmation, as the case may require, parties and witnesses by word of mouth, and may either before or after, or with or without such examination, cause them or any of them to be ex- amined on interrogatories, or receive their or any of their affi- davits or solemn affirmations, as the case may be ; And each of the said Courts may, by writ of subpoena or subpoena duces te- cum (as the case may be), require such attendance and order any Deeds, evidences or writings, to be produced before itself or otherwise. 22 V. c. 93, s. 8. Powers of Courts to en- force their or- ders and de- crees, to be si- milar to those vested in Coun- ty Courts for like purposes. ORDERS AND DECREES HOW ENFORCED. • 13. Every Surrogate Court shall have the like powers, juris- diction and authority for enforcing: the attendance of persops required by it as aforesaid, and for punishing persons failing, neglecting or refusing to produce deeds, evidences or writings, or refusing to appear or to be sworn or to make affirmation or to give evidence, or guilty of contempt, and generally for enforcing all orders, decrees and judgments made or given by the Court under this Act, or under any other Acts giving jurisdiction to Surrogate Courts and otherwise in relation to the matters to be enquired into and done by or under the orders made under this Act, as are by law vested in the said County Courts, as Courts of law and as Courts having equitable jurisdiction, for such purposes in relation to any suit or matter depending in such Courts. 22 V. c. 93, s. 9. 'Orders and pro- ceediners in res- pect to the pro- duction of In- struments pur- portingto be testamentary. Examination of persons touch- ing suchlnstru- ments. PRODUCTION OF INSTRUMENTS PURPORTING TO BE TESTAMENTARY. 14. Whether any suit or other proceeding be or be not pending in the Court with respect to any probate or adminis- tration, every Surrogate Court may, on motion or petition or otherwise in a summary,/i way, order any person to produce and bring before the Registrar of the Court or otherwise, as the Court may direct, any paper or writing being or purporting to be testamentary, which may be shown to be in the possession or under the control of such person : and if it be not shown that any such paper or writing is in the possession or under the control of such person, but if it appears that there aie reasonable grounds for believing that he his knowledge of any such paper or writing, the Court may direct such person to attend for the purpose of being examined before the Registrar or in open Court or upon interrogatories respecting the same, and such person shall be bound to answer such questions or interro- gatories, and if so ordered, to produce and bring in such paper or 1859. Surrogate Courts. Cap. 16, g-y or writing, and shall be subject to the like process of contempt in case of default in not attending or in not answering such questions or interrogatories, or not bringing in such paper or writing as he would have been subject to in case he had been a party to a suit in the Court, and had made such default ; and the costs of any such motion, petition or other proceeding, shall be in the discretion of the Court. 22 V. c. 93, s. 10. WHO TO ADMINISTER OATHS. 15. The Judges and Registrars of the said Surrogate judges, Ke- Courts respectively, shall have full power to administer oaths gistrars and in matters and causes testamentary and in all other matters in new in'Q.°R any of the said Courts ; and Commissioners for taking affida- ^nd c. p., to vits in either of the Superior Courts of Common Law or admmlster^' "' in the Court of Chancery in Upper Canada, shall also have oaths. full power respectively to administer oaths in all matters and causes testamentary and in all other matters in the said Courts to parties desirous of making affidavit or deposition before them respectively; any person who wilfully gives false to be perjury. " evidence, or who wilfully swears or affirms falsely in any affidavit or deposition before any of the said Surrogate Courts, or before any Judge or Registrar thereof, or before aiiy Commis- sioner as aforesaid, shall be liable to the penalties and conse- quences of wilful and corrupt perjury. 22 V. c. 93, s. 11. FORGERY or SEALS OR SIGNATURES. 16. If any person forges the signature of any Judge or Re- Penalty /or for- gistrar of a Surrogate Court, or of any Commissioner for taking singo"" '^o""- affidavits as aforesaid, or forges or counterfeits any Seal of a o^'s^gnafure'oi Surrogate Court, or knowingly uses or concurs in using any officers, or ten- such forged or counterfeit signature or seal, or tenders in evidence."^ "* evidence any document with a false or counterfeit signature of such Judge, Registrar or Commissioner, or with a false or counterfeit seal, knowing the same signature or seal to be false or - counterfeit, such person shall be guilty of felony and liable to be imprisoned in the Provincial Penitentiary for any term not exceeding seven years. 22 V". c. 93, s. 12. PRACTICE. 17. Unless otherwise provided by this Act or by the Rules Practice of th© or Orders from time to time made under the Surrogate Courts |^°e'2'i^''^"* Act 1858, or under this Act, the Practice of the said several Surrogate Courts shall, so far as the circumstances of the case will admit, be according to the Practice in Her Majesty's Court of Probate in England. 22 V. c. 93, s. 13. 18., The general rules and orders made by the Judges ap- Existing mies pointed in pursuance of the fourteenth section of the Surrogate tinue°d. *" '^°"* Courts Act, 1858, are hereby continued, and the Judges so G appointed 98 Cap, .16. Surrogate CoUfts. 22 Vrcft appointed shall continae and possess the ssitne powers as before this Act takes effect, and may from time to tiWieiepeal, amend, add to or alter any existing general rules and orders as to them seem fit, and may exercise the powers in the next eestting section, and in the seventy-first section of this Act. 22 V. Cv S^S, s. 14. RULES OH ORDERS REGULATING PROCEDURE, &Cf. Kales and or- 19. The Governor at any time after this Act takes e:flfect made"iOTregu- '^^7 appoint one of the Judges of the Superior Courts of iating.the pro- Common Law at Toronto, one of the Judges of the' Court of G^uS°aad\y Chancery, and one County Court Judge in Upper Canada, wiom,' with power to the said Jtidges or any two of them from time to time to make other Rules and Orders: ,1. For regulating the Procedure and Practice of the said Surrogate Courts and in relation to their jurisdiction and proceedings under this Act, — and 2. For regulating the duties of the Surrogate Clerk, — the duties of the several Surrogate Court Registrars and other officers of such Courts,- — and 3. For determining what shall be deemed contentious and what non contentious business, — and 4. (Subject to the express provisions of this Act) for regulating the manner of appealing from the decis-ions of the said Surro- gate Courts, and generally for carrying the provisions of this Aet into full and beneficial effect. 22" V. c. 93, s. 14. EVIDENCE IN CONTENTIOUS MATTERS. Mode of taring ®0. Subject to the regulations ,to be- established by such evidence m Rules and Orders as aforesaid, the witnesses, and where neces- matters! sary, the parties in all contentious matters where their attend- ance can be had, shall be examined orally by or before the When affi- Judge of the Sun-ogate Court in open Court ; and subject to ^rtsmaybe g^^^. g^^j^ j-ggulations as aforesaid, the parties may verify their respective cases by affidavit ; but the deponent in every such affidavit shall, on the application of the opposite party, be sub- ject to be cross-examined by or on behalf of such opposite party Subject to tie'«a orally in open Court as aforesaid, and after such cross-exami- nation, may be re-examined orally in open Court as aforesaid by or on behalf of the party by whom such affidavit was filed. voce examma tioit. V. c. 93, s. 15. COMMISSIONS TO EXAMINE WITNESSES. Courtsmay SI . Where a witness in any suchmatter is without the limits SoS foTthf ' °f UPP®^ Canada, or where by reason of his illness or otherwise examination of the Court docs not think fit to enforce the attendance of the SL"n1^ Courii" witness in open Court, any of the said Surrogate Courts may order a Commission to issue for the examination of such witness on oath upon interrogatories or otherwise, or if the witness be within the jurisdiction of the Court may order the examinatioa of such witness on oath upon interrogatories or otherwise before anv person to be named in such order for the Duroose. 52 y. 0. 93, s. 16. ^ ^ 33. 1869. Surrogate Courts. Cap. 16. 90 22. Allthe powers given to the County Courts by the Act res- Provisions of pecting Witnesses and Evidence, for enabling the said Courts appf'"'*'"*'" to issue Commissions and give orders for the examination of witnesses in actions depending in such Courts and to enforce such examination ; and all the provisions of the County Courts Act and of the Common Law Procedure Act for enforcing examinations, or otherwise applicable thereto and to the wit- nesses examined, shall extend and be applicable to the said several Surrogate Courts, and to the examinations of witnesses under the Commissions and Orders of the said Courts, and to the witnesses examined as if such Courts were County Courts, and the matter before them respectively were an action pending in a County Court. 22 V. c. 93, s. 16. KULKS OF EVIDENCE. 23. The Rules of evidence observed in the Superior Courts Bulesofevi- of Common Law, shall be applicable to and observed in the monl.'aw'°™' trial of all questions of fact in the said several Surrogate Courts to be Courts. 22 V. c. 93, s. 17. °^«'^^- POWERS TO TRY BY JURY. 24. The said several Surrogate Courts may cause any ^^^^^^ question of fact arising in any proceeding under this Act, cause question* to be tried by a Jury, before the Judge of the Court ; and ,°^edby°a w upon order being made allowing a trial by Jury, such trial at a County- shall take place at some ensuing sittings of the County Court a°d i^^Ute^' for the County, and be conducted in the same manner as manner as in other trials by Juiy in the County Courts, and the parties shall County Courts, be entitled to their right of challenge, and for all purposes of, or auxiliary to the trial of questions of fact by a Jury before the Judge of a Sun'ogate Court, and in respect of new trials, the said Surrogate Courts and the Judges thereof respectively, shall have the same jurisdiction, power and authority in all respects as belong to the County Court, and the Judges thereof for like purposes. 22 V. c. 93, s. 18. 25. When any such question is ordered to be tried Question to be by a Jury before the Judge of a Surrogate Court, the question reduced to shall be reduced into writing in such form as the Court bTswIra'tTtJ^. directs, and at the trial the Jury shall be sworn to try the said '*) and Judges question, and a true verdict give thereon according to the evi- 'autiToTTty on dence ; and upon every such trial, the Judge of the Surrogate trial as County Court shall have the same powers, jurisdiction and authority °"" " ^^' as belong to the Judge of a County Court sitting for the trial of issues in fact. 22 V. c. 93, s. 19. APPEALS TO CHANCERY. 36. Any person considering himself aggrieved by any order, Persons consi- sentence, judgment or decree of any Surrogate Court, or ^«"°s "'«'»- o2 being 100 Cap. 16. Surrogate^ Courts. 22 Vict. selveeag^riev- being dissatisfied with the determinatioii of the Judge thereof ed l(y:any judg- ment, &c.,mfty appeal to Chancery. Appeals not to lie in certain in point of law in any matter or cause under this Act, may, within fifteen days next after such Order, Sentence, Judg- ment, Decree or Determination, appeal therefrom to the Court of Chancery, in such manner and subject to such regulations as may be provided for by the Rules and Orders made under the Surrogate Courts Act, 1868, or under this Act, and the said Court of Chancery shall hear and determine such Appeals j but no such Appeal shall be had or lie unless the value of the goods, chattels, rights or credits to be affected by such order, sen- tence, judgment, decree or determination, exceeds two hundred' dollars. 22 V. c. 93, s. 20. EEFERENCE TO A SUPEKIOR COURT. In cases of con- tention, the matter may, by consent, he re- ferred for adju- dication to une ot the Superior Courts. 37. In every case in which there is contention as to the grant of Probate or Administration, and the parties in such case thereto agree, such contention shall be referred to and determined by either of Her Majesty's Superior Courts of Law or by the Court of Chancery, on a case to be prepared, and the Surro- gate Court having jurisdiction in such matter shall not grant Probate or Administration until such contention be terminated and disposed of by judgment, decree or otherwise. 22 V. c. 93, s. 21. REMOVAL TO THE COXTRT OF CHANCERY. In certain cases of contention, matter to be leferred to Chancery. 28. Any cause or proceeding in the said Surrogate Courts in which any contention arises as to the grant of Probate of administration, or in which any disputed question may be raised (as to law or facts), relating to matters and causes tes- tamentary, shall be removable by any party to such cause or proceeding into the Court of Chancery by order of a Judge of the said Court to be obtained on a summary application sup- ported by affidavit, of which reasonable notice shall be given to the other parties concerned. 22 V. c. 93, s. 22. 29. The Judge making such order may impose such terms as to payment or security for costs or otherwise as to him may seem fit ; but no cause or proceeding shall be so removed unless it be of such 'a nature and of such importance as to render it proper that the same should be withdrawn from the jurisdiction of the Surrogate Court and disposed of by the Court of Chancery, nor unless the personal estate of the deceased exceeds two thousand dollars in value. 22 V. c. 93, s. 22. Powers ofthe 30. Upon any cause or proceeding being so removed as mnKs- aforesaid, the Court of Chancery shall have full power to mission oi final determine the same, and may cause any question of fact arising xSte Court""°" therein to be tried by a jury and otherwise deal with the same as with any cause or claim originally entered in the said Court of Chancery ; and the final order or decree made by the said CoUrt of Chancery in any cause of proceeding removed Terms as to costs. Certain cases not to be so xemoved. 1859. Surrogate Courts. Cap. 16. \Q\ J removed as aforesaid, shall, for the guidance of the said -Surrogate Court, be transmitted by the Surrogate Clerk to the Registrar of the Surrogate Court from which such cause or pro- ceeding was removed. 22 V. c. 93, s. 22. SURROGATE CLERK. 31. There shall be a Clerk appointed to be called the Surrogate Surrogate Clerk, who shall perform the duties required of the cierktobeap- Surrogate Clerk by this Act, as well as the duties that by the Sufe. ~ ** Rules and Orders made as hereinbefore mentioned may be re- quired of such Surrogate Clerk, and also such other duties as may be required of him by the Court of Chancery, and such Surrogate Clerk shall be deemed an officer of the said Court of Chancery, and be paid a fixed salary not exceeding one thou- j^lis s^lar^-. sand six hundred dollars yearly, and the Governor shall from time to time appoint and at his pleasure remove such Clerk. 22 V. c. 93, s. 23, PROOFS TO LEAD GRANT. 32. On every application to a Surrogate Court for Probate of Proof, &c., r»- ,Wi]] or Letters of Administration where the testator or intestate qu'*'."" . In case application be made for Letters of Ad- ministration by any person not entitled to the same as next of kin to the deceased, the next of kin or others having or pre- tending interest in the personal estate of the deceased resident in Upper Canada, shall be cited or summoned to see the pro- ceedings, ^nd to shew cause, if any they have, why the Ad- ministration should not be granted to the person applying therefor ; and if neither the next of kin nor any person of the kindred of the deceased happen to reside in tipper Canada, then a copy of such citation or summons shall be served or published in such manner as may be provided for by any rules or orders in that behalf. 22 V. c. 93, s. 27. Temporary ad- 36. If the next of kin, usually residing in Upper Canada wtain'cM^s"' ^^'^ regularly entitled to administer, happens to be absent from Upper Canada, the Surrogate Court having jurisdiction in the matter, may in its discretion, grant a temporary Administra- tion, and appoint the applicant, or such other person as the Court thinks fit, to be Administrator of the personal estate of such deceased person for a limited time, or to be revoked upon the return of such nearest of kin as aforesaid. 22 V. c. 93, s. 27. Security to bo 37. The Administrator so appointed shall give such secu- *'''^' rities as the Court directs, and shall have all the rights and powers of a general Administrator, and shall be subject to the immediate control of the Court. 22 V. c. 93, s, 27, NOTICE OF APPLICATIONS. Astotransmis- 3§. In case of an application to any Surrogate Court for «onofnoticeof ^j^^ ^^^^ ^^ Probate or Administration, notice thereof shall, by the 1859. Surrogate Courts. Cap. 16. JQS the Registrar of the Court, by letter post paid be transmitted application for to the Surrogate Clerk by the next post after such application, bate'&c!^o*" and such notice shall specify the name and description or ad- Surrogate dition, if any, of the testator or intestate, the time of his death, ^j^^traisr ^^ and the place of his abode at his decease, as stated in the afE- " davit or affidavits made in support of such application, and the name of the person by whom the application has been made, and such other particulars as may be directed by any rules or orders in that behalf. 22 V. c. 93, s. 28. 39. Unless upon special order or decree of such Suri'ogate Proceedings io Court no Probate or Administration shall be granted in pursu- cljtStere- ance of such application until such Registrar has received a ceived from certificate, under the hand of the Surrogate Clerk, that no other qj^"^^^'® application appears to have been made in respect of the goods of the same deceased person, which certificate the said Sur- rogate Clerk shall forward as soon as may be to such Re- gistrar. 22 V. c. 93, s. 28. 4r©. All notices in respect of applications in the several Sur- Surrogate rogate Courts shall be filed and kept by the said Surrogate ^^^^^l" ^* Clerk. 22 V. c. 93, s. 28. 41. The Surrogate Clerk shall, with reference to every And examine such notice, examine all notices of such applications received *■ '"''"^*®' ^ from the several other Surrogate Court Registrars, so far as it may appear necessary, to ascertain whether or^no appli- cation for Probate or Administration in respect of the goods of the same deceased person has been made in more than one Surrogate Court, and he shall communicate with the Surrogate Court Registrars as occasion may require in relation to such applications. 22 V. e. 93, s. 28. 4:S. In case it appears by the certificate of the Surrogate ^^';^.'"^|' Clerk that application for Probate or Administration has been Si'^ade lo^* made to two or more Surrogate Courts, the Judges of such "°''® "»!"i one Courts respectively shall stay proceedings therein, leaving the coHrtf^ ^ parties to apply to one of the Judges of the said Court of Chan- to be decided eery to give such direction in the matter as to him may seem in Chancery, necessary. 22 V. c. 93, s. 28. 4S. On application made to any one of such Judges, he Decree oi u 11 • • ^ iL *i ■ J 1- ] „ Chancellor as shall enquire into the matter in a summary way, and adjudge t^ ^[j^t c je't ol conten- an any other contentious cause or matter under this Act the tious proceed- validitv of a will is disputed, the heir or heirs at law, devisees 'issiheirsAo-. or other persons having or pretending interest in the real es- but not neccs- tate affected by the will, may, subject to the provisions of this warily so, save Act and to the rules and orders under this Act, be cited to see Court, proceedings or be otherwise summoned in like manner as the next of kin or others having or pretending interest in the per- sonal estate affected by a will should be cited or summoned, and may be permitted to become parties subject to such rules and orders and to the discretion of the Court, but nothing herein contained shall make it necessary to cite the heirs at law, or other person having or pretending interest in the real estate of a deceased person unless the Court should, with refer- ence to the circumstances of the case, direct the same to be done. 22 V. c. 93, s. 32. PROBATE PRIMA FACIE PROOF OF WILL. " 51. In any Action at Law or Suit in Equity where ac- in actions coq- cording to the existing law it would be necessary to produce tate, Probate^" ' and prove an original will in order to establish a Devise or '^^■>"'.'°^- other testamentary disposition of or affecting real estate, the denee of wUl", party intending to establish in proof such Devise or other '^?' ^f'?'' '«■■- . testamentary disposition, may give to the opposite party ten sa"e where its days at least before the trial or other proceeding in which validity is put the said proof may be intended to be adduced, notice that he "^ ^''^^' intends at the said trial or other proceeding to give in evidence a&. proof of the devise or other testamentary disposition, the probate of the will or letters of administration with the Will annexed, or a copy thereof, stamped with the seal of the Sur- rogate Court granting the same ; and in every case such Pro- bate or Letters of Administration or copy thereof, respectively, stamped as aforesaid, shall be. sufficient evidence of such will, and of its validity and contents notwithstanding the same may not have been proved in solemn form, or have been otherwise declared valid, in a contentious cause or matter as herein provided, unless the party receiving such notice do, within four days after such receipt, give notice that he disputes the validity of such devise or other testamentary disposition. 22 V. c. 93, s. 33. COSTS OF PROVING ORIGINAL WILLS. 5@. In every case in which in any such action or suit Aa to cosia of the original will is produced and proved, the Court or Judge fn a^y^aetion, before whom such evidence is given may direct by which of &c. the parties the costs thereof shall be paid. 22 V. c. 93, s. 34. COPIES 106 Cap. 16. Surrogate Courts. 22 Vict. COPIES OF. Official copy of 53. An official copy of the whole or any part of a will, *^rtTf a wm °^ ^'^ official certificate of the grant of any letters of adminis- may be^obtain- tration, may be obtained from the Registrar of the Surrogate ^- Court where the will has been proved or the administration granted, on payment of such fees as shall be fixed for the same by the Rules and Orders under this Act. 22 V. c. 93, s. 35. Administration pendente lite may be grant- Bights and powers of the administrator. ADMINISTRATION PENDENTE LITE. 54. Pending any suit touching the validity of the will of any deceased person, or for obtaining, recalling or revoking any Probate or any grant of administration, the Court, in which such suit is pending, may appoint an administrator of the personal estate of such deceased person ; and the administrator so appointed shall have all the rights and powers of a general administrator other than the right of distributing the residue of such personal estate ; and every such administrator shall be subject to the immediate control of the Court and act under its direction ; and the Court may direct that such administrator shall receive out of the personal estate of the deceased such reasonable remuneration as the Court thinks fit. 22 V. c. 93, s. 36. ADMINISTRATION WITH WILL ANNEXED. Administration with the will annexed, prac- tice as to, &c. 55. Where administration is granted with the Will annexed, bond shall be given to the Judge of the Court as in other cases and with like effect, and except otherwise provided for by this Act or the rules or orders from time to time made as herein- before mentioned, the practice and procedure in respect td such administrations and in respect to such bonds and the assigh- ment thereof shall, so far as the circumstances of the case will admit, be according to the practice in such cases in Her Majesty's Court of Probate in England. 22 V. e. 93, s. 37. POWER AS TO APPOINTMENT OF ADMINISTRATOR. ©enerai power 5©. In case a person has died or dies wholly intestate as to appoint- as to his personal estate, or leaving a Will affecting personal nistrator under estate, but without having appointed an executor thereof willing special oir- and competent to take probate, or in case the executor was eumsan . ^^ ^^^ ^^^^ ^£ ^j^^ death of such person resident out of Upper Canada, and it appears to the Court to be necessary or convenient in any such case by reason of the insolvency of the estate of the deceased, or other special circumstances, to ap- point some person to be the administrator of the personal estate of the deceased or of any part of such personal estate other than the person who if this Act had not been passed would by law have been entitled to a grant of administration to such personal '^'^''^'ofcS^rt ^s^^^^' ^^ ^^^^^ ^^"^ ^^ obligatory upon the Court to grant ad- powero ministration of the personal estate of such deceased person to the 1859. Surrogate Courts. Cap. 16. ^07 the person who if this Act had not passed would by law have as to who shall been entitled to a grant thereof, but the Court in its discretion ^ "PPo'n'ed. may appoint such person as the Court thinks fit upon his giving such security (if any) as the Court directs, and every such ad- ministration may be as limited as the Court thinks fit. 22 V. c. 93, s. 38. 57. After any grant of administration no person shall After grant of have power to sue or prosecute any suit, or otherwise act administration^ '^ I- 1 1 1 1 1 . T no person to as executor ot the deceased as to the personal estate comprised act as cxe- in or affected by such grant of administration until such admi- ™'°''- nistration has been recalled or revoked. 22 V. c. 93, s. 39. REVOCATION OF TEMPORARY GRANTS. 58. Incase before the revocation of any temporary ad- Revooation ot ministration any proceedings at law or in equity have been temporary- commenced by or against any administrator so appointed, the ministration Court in which such proceedings are pending may order that "otto prejudice- ^. , T '^ ^, " J r ii x- !• 1 actions or suits.. a suggestion be made upon the record oi the revocation oi such administration, and of the grant of probate or administration which has been made consequent thereupon, and the pro- ceedings shall be continued in the name of the new executor or administrator in like manner as if the proceedings had been originally commenced by or against such new executor or administrator, but subject to such conditions and variations, if any, as such Court may direct. 22 V. c. 93, s. 40. VALIDITY OF PAYMENTS UNDER REVOKED GRANTS. 59. In case any probate or administration be revoked under Payments un- this Act, all payments bond fide made to any executor or ad- Ad^minLtratioa^ ministrator under such probate or administration before the afterwards re- revocation thereof, shall be a legal discharge to the person y^^° making the same ; and the executor or administrator who has acted under any such revoked probate or administration may retain and reimburse himself in respect of any payments made by him which the person to whom probate or administra- tion may be afterwards granted might have lawfully made. 22 V. c. 93, s. 41. ■"> 6®. All persons and corporations making or permitting to Peijsons, &e., be made any payment or transfer bond fide upon any probate ment"upon'^" or letters of administration granted in respect of the estate of Probate grant- any deceased person under the authority of this Act, shall be de'mnified', &c. indemnified and protected in so doing, notwithstanding any defect or circujnstance whatsoever affecting the validity of such probate of letters of administration. 22 V. c. 93, s. 42. EXECUTOR RENOUNCING. 61. Where any person after the commencement of this ^'o'^^"'^^^^" Act renounces probate of the Will of which he is appointed executor 108 Cap. 16. Surrogate Courts. 22 Vict. cing Probate, to cease abso- lutely. executor or one of the executors, the rights of such personin respect of the executorship shall wholly cease, and the repre- sentation to the testator and the administration of his effects shall and may without any further renunciation go, devolve and be committed in like manner as if such person had not been appointed executor. 22 V. c. 93, s. 43. SECURITIES. Repeal of oer- 6S. So much of an Act passed in the twenty-first year tain provisions of King Henrv the Eisrhth, chapter five, and of an Act passed tiestoAdminis- iu the twenty-second and twenty-third years of King Charles tration bonds, the Second, chapter ten, and of an Act passed in the first year of King James the Second, chapter seventeen, as requires any surety, bond or other security to be taken from a person to whom administration may be committed, shall henceforth cease to extend to or be in force in Upper Canada. 22 V. c.-93, s. 44. Persons receiv- ings grants ol Administration to give bondsj '63. Every person to whom any grant of adniinistra.ti9tt may be committed shall give bond to the Judge of the Surrogate Court, from which such grant is made, to enure for the benefit of the Judge of such Court for the time being (or in ease of the separation of Counties, to enure for the benefit of any Judge of a Surrogate Court to be named by the Court of Chancery for that purpose) with one or more surety or sureties as-uj^y be required by the Judge of such Surrogate Court, conditioned for the due collecting, getting in and administering the personal estate of the deceased, and the bond shall be in the form prescribed by the Rules and Orders referred to in the eighteenth section of this Act, and in cases not provided for by such Rules and Orders, such bond shall be in such form as the Judge of the Surrogate Court shall by special order direct. 22 V. c. 93, s. 45. Penalty in 64. Such bond shall be in a penalty of double the amount bonds, &o., under which the estate and effects of the deceased have been Tn°g labilities' of sworn, unless the Judge in any case thinks fit to direct (as he sureties. may do) that the same shall be reduced, and the Judge may also direct that more bonds than one may be given so as to limit the liability of any surety to such amount as the Judge thinks reasonable. 22iV. c. 93, s. 46. Power of Sur- rogate Courts, as to assign- ment ol bonds. ASSIGNMENT OF BONDS. 65. The Judge of every Surrogate Court, on application made on motion or petition in a summary way, and on being satisfied that the condition of any such bond has been broken, may order the Registrar of the Court to assign the same to some person to be named in such order, and such person, his executors or administrators shall thereupon be entitled to sue on the said bond in his own name both at law and in equity, as if the same had been originally given to him, instead of to 1859. Surrogate Courts. Cap. 16. JQ^ to the Judge of the Court, and shall be entitled to recover thereon, as Trustee, for all persons interested, the full amount recoverable in respect of any breach of the condition of the said bond, and all bonds heretofore given or taken in any Sur- rogate Court, and now in force, may in like manner be assigned under the authority of the Judge of a Surrogate Court, and the assignee shall be entitled to sue and recover thereon in his own name, and the same may be enforced in the same way and to the same extent as bonds given under this Act. 22 V. c. 93, s. 47. COMPENSATION TO EXECUTORS, &C. 66. The Judge of any Surrogate Court may allow to the exe- judge may or- cutor or trustee or administrator acting under Will or Letters '■^r an aiiow- of Administration, a fair and reasonable allowance for his care, ^^e to Exe- pains and trouble and his time expended in or about the Exe- cv'"' "^ -^''J™- cutorship, Trusteeship or administration of the Estate and ihTesSte^lot effects vested in him under any Will or Letters of Adminis- his trouble. tration, and in administering, disposing of and arranging and settling the same, and generally in arranging and settling the affairs of the estate, and therefor may make an order or orders from time to time, and the same shall be allowed to an Exe- cutor, Trustee or Administrator in passing his accounts. 22 V. c. 93, s. 47. FEES TO FEE FUND. 69'. The fees merrtioned in the Schedttte to this Act As to fees to be marked A shall be payable oh proceedings urid«ir this Act and cerson'LcOTini shall be collected by the Surrogate Clerk' aii'd'' Registrars of of Fee Fund. Surrogate Courts respectively, and shall belong t6 andform part of the general fee fund for local Courts and be applied towards payment of money authorized to be disbursed under this Act, and if such fee fund be not sufficient for the payment of the same, the Governor may issue his warrant on the Receiver Gene- ral for the deficiency ; and the amount of such warrant shall be charged on the Consolidated Revenue Fund of this Province. 22 V. c. 93, s. 48. 68. The Surrogate Clerk and Registrars of Surrogate Accounts to be Courts respectively shall keep ' an account of such fees and '^''P' ^. ^^"°'l shall render an account of and pay over the amount of such legistrare. fees in like manner as Clerks of County Courts are required to do in respect to collections for the fee fund in each county and under the same securities, liabilities and conditions, and Certain enaet- the existing provisions of law in relation to receiving, account- pent respect- ing for and paying over fees and to the responsibilities and Court°c°erks duties of County Court Clerks, shall extend and apply to the extended to said Surrogate Clerk and Registrars of Surrogate Courts res- cierkf Regis- pectively, as fully as if the same had been herein contained ''^*''^' ''^'^• and re-enacted, and this enactment shall also extend and apply And also to to County Attorneys, and the County Attorney for the United County Attor- Counties of York and Peel shall be the receiver of fees from °^^^' the Surrogate Clerk at Toronto. 22 V. c. 93, s. 48. FEES 110 Cap. 16. Sunogate Courts. 22 Vict. FEES TO JUDGES. As to fees to be taken by Jud- ges, &:c., to their own use. 69. The Judges of the several Surrogate Courts may- demand and take to their own use the fees mentioned in the Schedule to this Act marked B, and such fees shall be collected by the Registrars of the said Courts on or before each proceed- ing and paid over to the said Judges, and annual returns of such fees up to the thirty-first day of December in each year shall be made by such Registrars on or before the first day of February in each year. 22 V. c. 93, s. 49. FEES TO OFFICERS. Fees to officers. '?'©• The Registrars and Officers of the said SmTogate Courts and Attorneys and Barristers respectively practising therein, shall be entitled to take for the performance of duties and services under this Act, such fees as shall be fixed under the provision hereinafter contained. 22 V. c. 93, s. 49. JUDGES TO FIX TARIFF. Judges may, 71. The table of fees fixed by the Judges appointed in ailerth*"*' ^^' pursuance of the fourteenth section of the Surrogate Courts Act, amount of fees 1858, to be taken by the Registrars and officers of the Surrogate sect^w o"the' ^ourts, and by Attorneys and Barristers practising therein in s, c. Act, 1858. respect to business under that Act, and the fees to be payable in respect of searches, inspection and copies of and extracts from records, wills and other documents in the custody of or under the control of the said Surrogate Courts respectively, are hereby continued, and the said Judges, or any two of them, may from time to time, add to, reduce, alter or amend such table as they see fit ; And no other fees than those specified and allowed in such tables of fees shall be taken or received by such Regis- trars, Officers, Attorneys and Barristers respectively. 22 V. c. 93, s. 50. TAXATION OF COSTS. 72. The bill of any Attorney for any fees, charges or disburse- ments in respect of any business transacted in a Surrogate Court, whether contentious or otherwise, or any matter con- nected therewith, shall as well between Attorney and Client as between party and party be subject to taxation in such Surro- gate Court, and the mode in which such bill shall be referred for taxation, and by whom the costs of taxation shall be paid, shall be regulated by the rules and orders made under this ' Act, and the certificate of the Registrar of the amount at which such bill is taxed shall be subject to appeal to the Judge of the Court. 22 V, c. 93, s. 51. registrar's office. Registrar to ''3. The Registrar of every Surrogate Court shall hold his hare office, if office in the Court House of the County, and a room therein shall No other fees to be taken. As to taxation of costs, 1859. Surrogate Courts. Cap. 16. m shall be provided for that purpose, and in the event of there room, in Court being no room in the Court House, every such Registrar shall, SBoeto'te i"* utitil such room be provided, hold his office at such place as depository for the Judge of the Court shall direct, and the office of every Re- }^^ -wills of gistrar shall be a depository for all wills of living persons '^'"^ P«'^°°'- given to such Registrar for safe keeping, and all persons may deposit their wills in such depository upon payment of such fees and under such regulations as may from time to time be directed by rules or orders in that behalf made under this Act. 22 V. c. 93, s. 52. PROBATES AND GRANTS OF ADMINISTRATION CONFIRMED. 74. All grants of probate or administration made before Existing grants tthe commencement of this Act which maybe void or voidable A^^ministrat"'^ iby reason only that the Courts from which respectively the void or void- : same were obtained, had not jurisdiction to make such grants, aj^ie, i)e<;ause shall be valid as if the same had been obtained from Courts -wrong Court, entitled to make such grants ; but no such grants of probate derciaed valid. or administration shall be made valid by this Act, in case the same, before the first September, one thousand eight hundred and fifty-eight, had been revoked or determined by any Court of competent jurisdiction to be void ; nor shall this Act pre- judice or affect any proceeding then pending, in which the validity of any such probate or administration was in question. J2 V. c. 93, s. 53. '75. In case the result of any such pending proceeding in- Exception. "validates the same, such probate or administration shall not be rendered valid by this Act, and if such proceeding abates or becomes defective by reason of the death of any party, any person who but for this Act would have any right by reason of the invalidity of such probate or administration, shall retain such right, and may commence proceedings for enforcing the same within six months after the death of such party. 22 V. c. 93, s. 53. '5 76. Any affidavit or bond, which before the first September, And aiEdavits, one thousand eight hundred and fifty-eight, had been received ^t'^Zff°^ and allowed in the Court of Probate or in any Surrogate Commission- Court, taken before a Commissioner for taking affidavits in l""^ '°^.*® either of the Superior Courts of Common Law, shall be valid Courts of law, and effectual to all intents and purposes. 22 V. c. 93,,s. 53. s^"'^' EFFECT OF PAST PROBATES AND GRANTS. 77. Legal grants of Probate and Administration made before As to effect of the first September, one thousand eight hundred and fifty-eight, ^,e of°AdnS- and grants of probate and administration made legal by this nistration Act or the Surrogate Courts Act, 1858, shall have the same ||^°''®J|^g force and effect as if they had been granted under this Act. 22 V. c. 93, s. 54. 78. 112 Cap. 16. Surrogate Courts. 22 Vict. In case ^S yi^ainl-ia- not Tvilhia the ju' risdiction. 78. In case any probate or administration had been granted before the first September, one thousand eight hundred and fifty-eight, and the deceased had personal estate in Upper. . Canada not within the limits of the jurisdiction of the Court, by which such probate or administration was granted, or other- wise not within the operation of the grant, the Court to which, under this Act, an original application for probate or adminis- tration might be made, may grant probate or administration only in respect of such personal estate not covered by any former probate or administration, and the grant shall be limited accordingly. 22 V. c. 93, s. 54 PAPERS TO BE PLACED IN COURT OF CHANCERY. Judge of 79. All books, records, wills, grants, probates, letters of former Probaie administration, administration bonds, notes of administration, others to hand Court books, deeds, processes. Acts, proceedings, writs, docu- °^er wmsi ments and every other instrument, relating exclusively or ^mfof Chan- principally to matters and causes testamentary, deposited "^^^ in the Court of Chancery, by the Judge of the Court of Probate, the Registrar thereof, and every other person who had the custody of books, documents and papers, of or belonging to that Court, pursuant to the fifty-fifth section of the Surrogate Courts Act, 1838, shall remain so deposited, so as to be easy of reference under the control and direction of the Court. 22 V. e. 93, s. 55. FENDING SUITS. Original suits, 80. All Original suits and matters which on the first day of in'court^of^ September, one thousand eight hundred and fifty eight, were Probate trans- pending in the Court of Probate and which were by the Toga?e'co^rrof Surrogate Courts Act, 1858, transferred with all proceedings Yoric and Peel, therein to the present Surrogate Court for the Counties of York and Peel, shall there be dealt with and decided accords* ing to the rules and practice of such Surrogate Court, and . such Court shall possess full power and authority for the determination thereof. 22 V. c. 93, s. 56» APPEALS TO FORMER PROBATE COURT TRANSFERRED TO CHANCERY. Suits by way of 81. All suits by way of appeal from the Surrogate Court, of probate^""" which, on the first Septernber, one thousand eight hundred and' of probate transferred to Chancery. fifty-eight, were pending in the Court of Probate, and were, by the Surrogate Courts Act, 1858, transferred with all proceed-; ings therein to the Court of Chancery, shall there be dealt with and decided according to the practice of the said Court, as shall also all cases then in process of appeal to the said Court of Probate. 22 V. c. 93, s. 57. BONDS TAKEN IN PROBATE COURT ASSIGNABLE. Bonds taken 82. The Court of Chancery may order all bonds taken in Court ol Pro- the Court of Probate on the grant of administration and in force 1859. ' Surrogate Courts. Cap. 16. |13 force on the first of September, one thousand eight hundred bate may bo and fifty-eight, to be assigned, ai;d the same may be enforced OTde^t"ofc4n. in the name of the assignee under the authority of the said eery. Court of Chancery, in the same way as provided for in case of assignment of bonds in the Surrogate Court. 22 V. c. 93, s. 58. NUNCUPATIVE VTILLS. 83. No nuncupative Will, made after this Act comes in force, Nuncupative shall be good, provided that any Soldier, being in actual Military ""'" "°'. sooS, .--«■, *" 'O J except in C6r~ Service, or any Mariner or Seaman, being at sea, may dispose tain cases. of his personal estate in such manner as he may now do ac- cording to the Laws of England. 22 V. c. 83, s. 61. GENERAL POWERS OF SURROGATE JUDGES. 84. The powers of the Judges appointed under the eigh- procedure in teenth and nineteenth sections of this Act, shall extend and ap- other matters ot ply to the making from time to time of Rules and Orders for tolere^'^ regulating, simplifying and expediting proceedings in the Sur- '«'ed ^y ™^^ rogate Courts, and fixing and regulating the fees to be taken as ™^ct.^ls"a'nd 19. aforesaid, under any Act or the provisions of any Act of the Parliament of Upper Canada, or of this Province, giving powers or jurisdiction to the said Surrogate Courts or to the Judges thereof. 22 V. c. 93, s. 65. GRATUITY TO FORMER JUDGES. 85. Whereas the Judge of the Court of Probate and also Allowance to the Judges of the several Surrogate Courts, who are not Judges Judges of Pro- of the County Courts, have been superseded, and it is just to gateCoum°" make some provision for them ; therefore. Seeker Brough, who have beea Esquire, the former Judge of the said Court of Probate, shall ^"P^"'^^^^ • be entitled to receive a gratuity not exceeding the amount of fees received by him for the last precfeding five years of his service ; and each Judge of a Sun-ogate Court who has been superseded, shall be entitled to receive a gratuity not exceeding the amount of fees received by him for the last preceding five years of his service, or if he had not held office for that time, to a gratuity equal to the amount of fees received by him for such time not exceeding three years ; and the said several sums shall be paid out of the general Fee Fund at such times and in such manner as the Governor may direct ; but if the said Seeker Brough, Esquire, be hereafter appointed to any ofiice under the Government of this Province, the salary and emoluments whereof amount to double the sum of such annuity, the same shall thenceforward cease and wholly determine. 22 V. c. 93, s. 66. INTERPRETATION. 86. In the construction of this Act, unless the context interpretation. shall be inconsistent with the meaning hereby assigned — K " will " 1X4 Cap. 16. Surrogate Courts. 23 Vict. "■will"" shall comprehend "testament," and all other tes- tamentary instruments of which probate may now be granted— " administration " shall comprehend all letters of adrninis- tration of the effects of deceased persons whether with or without the will annexed, and whether granted for general, special or limited purposes,—" matters and causes testamen- tary " shall comprehend all matters and causes relating to the grant and revocation of Probate of wills or letters of admi- nistration, — " common form business " shall mean the business of obtaining Probate or administration where there is no con- tention as to the right thereto, including the passing of Pro- bates and administration through a Surrogate Court when the contest is terminated, and all business of a non-contentious nature to be taken in a Surrogate Court in matters of testacy and intestacy not being proceedings in any suit, and also the business of lodging caveats against the grant of Probate or administration, — " County " shall comprehend two or more Counties united for Judicial purposes, and the Rules of con- struction laid down by the Interpretation Act of Canada shall be applicable to this Act. 22 V. c. 93. s. 67. SHORT TITI^E. Short title of 8 7. In citing this Act in any instrument or document of this Act. proceeding, it shall be sufficient to use the expression " the Surrogate Courts Act." 22 V. c. 93, s. 70. SCHEDULE A. Fees to belong to and to be paid over to fee fund. TO BE RECEIVED BY REGISTRARS. $ cts. On every application for Probate or administration or for guardianship (including notice thereof to Surrogate Clerk, but not postage) 60 On certificate of Surrogate Clerk upon such appli- cation (including transmission to Registrar, but not postage) 50 On every instrument or process with Seal of Court, 50 Entry and notification of Caveat, not including postage 50 On every Grant of Probate or Administration, as follows, viz : Where property devolving is under'$ 1,200, 1 CO Where property devolving is from *1,200 to $4,000 :.: 2 00 Where property devolving is above $8,000, 3 00 On every final Judgment in contentious or disputed case 1 00 On deposit of wills for safe custody, each 60 TO 1859. Surrogate Courts. Cap. 16, 17. 115 TO BE RECEIVED BY SURROGATE CLERK. $ cts. On every search for grant of Probate, administration, guardianship or other matter in clerk's office (other than searches on applications of registrars) 50 On every certificate of search or extract 50 (if exceeding three folios, per folio 10 cents.) On every order made on application to a Judge in Chan- cery and transmission of same, exclusive of postage, 50 On entry of every appeal 50 On every decree on appeal and transmission, exclusive of postages 2 On entry of Caveat 50 Fees to belong and to be paid over to the fund to provide for the accommodation of the Superior Courts of Law and Equity. On every Certificate issued by the Surrogate Clerk in Chancery 50 On every order made on application to a Judge in Chancery 25 On entering every appeal 50 OneveryDecreeorOrderonAppeal. 22V. 0.31,(1859.) 1 SCHEDULE B. Fees allowed to Judge. On every grant of Probate or administration where property devolving is under $1200, the sum of $2 ; from $1200 to $4000, the sum of $3 ; where above $8000, the sum of $7 ; on every appointment of a guardian, $2 ; on every order, 50 cents ; on every special attendance, or for purpose of audit, $1 ; for every days sittings in contentious or disputed cases, $2 ; together with 20 cents per folio on evidence, if taken, before Judge CAP. XVII. An Act relating to the Court of General Quarter Ses- sions of the Peace. HER Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows : COMMISSIONS OF THE PEACE. 1. The authority under which Commissions of the Peace Fof^er Corn- have been issued and the authority under which the Courts of missions and General Quarter Sessions of the Peace have been holden and firmed. '^°^' are now held in Upper Canada, and all matters and things done by, or by virtue of the same, shall be so far as relates -to the authority under which such Commissions were issued and such Courts have been holden, good and valid. 41 G. 3, c. 6, s. 1. h2 3. 116 For Purposes of outlawry. Quarter Ses- sions substitut- ed for County Courts in England. When to be held. Where to be held. Cap. 17. Court of General Quarter Sessions, 8fC. 23 Vict. 2. The Courts of General Quarter Sessions of the Peace in the several Counties of Upper Canada, shall be in the place and stead of the County Courts of England, as far as respects any purpose of outlawry, or any proceedings therein. 55 G. 3, c. 2, s. 2. WHEN COURTS TO BE HELD. 3. The Courts of General Quarter Sessions of the Peace in and for the several Counties, shall be held on the second Tues- day in the months of March, June, September and December in each year. 20 V. c. 58, s. 16. PLACE OF HOLDING. 4. The Court of General Quarter Sessions of the Peace shall be held in the County Town of the County, but in time of war or other exigency, the Governor may, by Proclamation under the Great Seal, authorize the holding the Court at some other place in the County. 7 W. 4, c. 11, ss. 2, 4. Who to be Chairman. WHO TO BE CHAIRMAN. 5. The Judge of the County Court of every County, and in case of his death or absence, the Junior or the Deputy Judge (as the case may be) officiating in the Office of County Court Judge, shall preside as Chairman at the General Quarter Ses- sions of the Peace for the County, but in case of the absence from sickness or other unavoidable cause, of the Judge of the County Court and of the Junior and the Deputy Judge thereof, if such there be, the Justices present shall elect another Chair- man pro tempore. 8 V. c. 13, s. 3,-16 V. c. 20, s. 2,-20 V. c. 58, s. 14. RESCINDING ORDERS OF COURT. No order by ®- Whenever any order has been passed or recorded by any Magistrates to number of Magistrates in any County in Upper Canada, the uniess'a" least Same shall not be rescinded unless at least the same number same number be present. 7 W. 4, c. 18, s. 4. be present. ' READING COMMISSION. 7. It shall not be necessary in opening any Court of Quarter Sessions, to read the commission of the Peace, or any other commission issued for the County for which such Court is held ; but such Court shall have the same powers and authorities, and proceed in the same manner, as if such commission had been read. 18 V. c. 92, s. 39. DELIVERY OF GAOL. 8. It shall not be necessary for any Court of Quarter Ses- sions to deliver the Gaol of all prisoners who may be confined upon charges of simple larceny, but the Court may leave any such cases to be tried at the next Court of Oyer and Terminer and General Gaol Delivery, if by reason of the difficulty or importance of the case, or for any other cause, it appears to them proper so to do. 7 W. 4, c. 4, s. 5. clerk Reading the Commissions dispensed with, The Court not required to de- liver the Gaol. 1859. Court of General Quarter Sessions, Sire. Cap. 17, 18. J|7 CLERK OF THE PEACE. 9. No person sBall after this Act takes effect be appointed Clerk of iiie a Clerk of the ['eace for any County who is not a Barrister ^^*™- at law of not less than three years' standing at the Upper Canada Bar; and every Clerk of the Peace so appointed shall be ex officio County Attorney for the County of which he is Clerk of the Peace. 20 V. c. 59, s. 9. CONSTABLES. 1©. The Court of General Quarter Sessions of the Peace, at '^''."'■' '? jp- their sittings in the nnionth of March in each year, shall nominate constable, and and appoint a High Constable for their respective Counties, and Constables. a sufficient number of Persons in each Township, Incor- porated Village, Police Village and Place within their respec- tive Counties, not being Cities or Incorporated Towns, to serve the Office of Constable therein, and each of such High Constable and Constables respectivel}^, before entering upon his office, shall take the following oath which any Justice of the Peace may administer : " Yoii shall well and truly serve our Sovereign Lady the Oath of. " Queen in the office of , for the of , for " the year ensuing according 1o the best of your skill and " knowledge. So help you God. " Sworn before me , at , in " the daj of , one thousand eight hundred and A. B., J. P." 20 V. c 58, s. 16,-33 G. 3, c. 2, s. 10. CAP. XVIII. An Act respecting Insolvent Debtors Courts. HER Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows : PETITION AND CESSIO BONORUM. 1. In case any person indebted : 1. Gives notice according to the form (No. 1) to one fourtfi insolvent in number and value of his creditors, and causes such notice to debtors may be inserted twice in the Canada Gazette and twice in some t^ough'the'^ newspapers circulating within the County wherein he resides Judges of the and had resided for the then last preceding twelve months; """"^y ""'^^ and 2. 118 Cap. 18. Insolvent Debtors Court. 22 Vict. Petition to 2. Jn case such person presents to the Judge or acting Judge tycfou^f.*^"""" of the County Court of such County, a Petition for protection from process 'in the form (No. 2), and sets forth therein any proposal he has to make for the payment of his debts in whole or in part ; and Schedule. 3. In case he annexes to such petition a full and true Schedule of his debts, with the names of his creditors and the dates of contracting the debts, and the security (if any) given for the same, and also the nature and amount of his property, with the debts owing to him, their dates, the names of his debtors, and the nature of the securities (if any) which he has received for such debts : and To be veriiied by affidavit. 4. In case such petition and Schedule be verified by an affidavit of the petitioner in the form (No. 3) sworn before any Judge of a Court of record or of the Court of Chancery in Upper Canada, or before a Commissioner for taking affidavits in any of such Courts, or before any Clerk or Officer of any such Courts otherwise authorized to administer oaths ; and To be annexed 5. In case such affidavit be annexed to such petition and toeetter. On filing the whole. Protec- tion may be granted. Schedule at the time of filing the same Then on the filing thereof, such Judge or acting Judge may give a protection to the petitioner from all process whatever, either against his person or his property of any description, and such protection shall continue in force, and ' all process be stayed" accordingly until the appearance of the petitioner as hereinafter provided. 7 V. c. 10 s. 69, and Forms Nos. 1, 2, 3,-8 V. c. 48, ss. 1, 2. If petition not 3. If the petition and affidavit be not in the form prescribed, te'dili?s™d'° ^h® petition shall be dismissed. 8 V. c. 48, s. 2. When the Jud- ges may allow Schedules to be amended. S. In case a debt of, or a claim upon, or balance due from a petitioner has been specified in his Schedule sworn to as afore- said, at an amount which is not exactly the actual amount thereof without any culpable negligence or" fraud or evil intention on the part of the petitioner, the Judge shall allow the Schedule to be amended in that behalf; and in every case in which an amendment of the Schedule is allowed, the petitioner shall be entitled to every benefit and protection of this Act ; and the creditor in that behalf shall be entitled to the benefit of all the provisions made for creditors by this Act, in respect of the actual amount of such debt, claim or balance, and neither more nor less than the same. 8 V. c. 48, s. 36. If a petitioner ^- ^^ ^^J petitioner dies after filing his Petition, the dies, the pro- Judge may proceed in the matter of the petition for the dis- Z^S as if ^°'^^^y and distribution of his property as if the petitioner were living. living. 8 V. c. 48, s. 13. S. 186a. insoiveiii jjeowrs uourt. Cap. 18. 119 5. Any prisoner in execution upon a judgment obtained Anyprisonerm for the recovery of a debt, may be a petitioner for protection llf^^o^°unSe/ from process under this Act, and every such petitioner, to whom this Act, sub- an interim order for protection has been sfiven, shall not only be je't «» /^er'am 1 c • 1 1 1 1 ■ . 1 1 !• exceptions. protected irom process as provided by this Act, but also Irom being detained in prison in execution upon any judgment ob- tained in any action for the recovery of any debt mentioned in his Schedule. 6. If any such petitioner, being a prisoner in execution, Any prison eria be detained in prison in execution upon any such judgment, pefitk)n°un'dCT the Judge may order any Officer who has the petitioner this Act, sub- in custody by virtue of such execution, to discharge him elfcVptions?"* out of custody as to such execution, without exacting any fee, and such Officer is hereby indemnified for so doing, and no Sheriff, Gaoler, or other person whatsoever shall be liable to any action as for the escape of any such prisoner by reason of such his discharge ; and such petitioner so discharged shall, until the making of the final order, be protected by such in- terim order from all process for such time as the said Judge, by such interim order or any fenewal thereof, thinks fit to appoint, in the same manner as if such petitioner had not been a pri- soner in execution ; but after the time allowed by any such interim order or any renewal thereof, has elapsed, the petitioner shall not, by such discharge, be protected from being again taken in execution upon the judgment, and the judgment shall remain in full force and effect, notwithstanding such discharge. 8 V. c. 48, s. 11. 7. Whenever any such petitioner is a prisoner under any when the peti- Process, Attachment, Execution, Commitment or Sentence, and •io""'' ^ p"- is not entitled to his discharge in manner aforesaid, the Judge judge ma^y may, by Warrant under his hand, directed to the person in direct him to be whose custody the petitioner is confined, cause him to be brought ''""^ "^" before such Judge for examination, at any sitting of the Court, either public or private, and the expense of bringing the peti- tioner shall be paid out of his estate, and such person shall be indemnified by the WaiTant of the Judge for bringing up the petitioner. 8 V. c. 48, s. 12. 8. Notwithstanding any protection granted under this Act, xhe protection the petitioner may be arrested or held to bail under the not to prevent authority of a Judge's order for that purpose in cases in which tron?being held a Judge's order was necessary to authorize an arrest on civil to l'^", ''^j process before the first day of September, one thousand eight " se s or hundred and fifty-eight. 8 V, c. 48, s. 3,-22 V. c. 96. 9. Upon the presentation of any such petition and upon vvhen protec- granting a protection thereupon, the Judge shall appoint an 'i""/?'"^,'^™ Official Assignee in whom all the estate and effects of the pe- ap%ini°official titioner shall forthwith become vested, and such Official As- assignee in signee shall forthwith take possession of so much thereof as can ^au'resi, Jre. be 120 Cap. 18. Insolvent Debtors Court. 22 Vict. Property in possession of the petitioner as reputed ow- ner, to vest in- assignee. be reasonably obtained and possessed without suit, and the said Official Assignee shall hold and stand possessed of the same in the manner and for the purposes hereinafter men- tioned. 8 V. c. 48, s. 1. 10. If at the time of filing his petition, any petitioner has by the consent and permission of the true owner thereof, in his possession, order, or disposition, any goods or chattels whereof the petitioner is reputed owner, or whereof he has taken upon him the sale or disposition as owner, the same shall be deemed the property of the petitioner, so as to become vested in the Assignee or Assignees for the time being of his estate and effects. 8 V. c. 48, s. 22. The Judge may 11. If any petitioner at the time of filing his petition, or at order any stock ^ny time before he becomes entitled to his final Order, has any tionertobe Government stocks, funds, or annuities, or any of the stock or shares of, or in any public company in Upper Canada, stand- ing in his own name, and in his own right, the Judge may order all persons whose act or conduct is thereto necessary, to transfer the same into the narrie of such Assignee or Assignees as afore- said ; and all persons whose act or consent is so neces- sary, are hereby indemnified for all things done or permitted, pursuant to such order. 8 V. c. 48, s. 20. transferred to assignee. Wearing ap- parel, &c., to a certain a- raount, ex- empted from this Act. 12. The petitioner's wearing apparel, bedding, and other ne- cessaries of himself and his family, and his working tools and implements, not exceeding in the whole the value of eighty dollars, may be excepted in his petition from the operation of this Act, and in such case shall be excluded from its opera- tion ; but such excepted articles, with the values thereof respectively, to be appraised if the Judge thinks fit and ascer- tained in such manner as he directs, must be fully and truly described by the petitioner in his Schedule, otherwise the ex- ception thereof shall be of no force. 8 V. c. 48, s. 14. No distress for IS. After the filing of any petition for protection no distress tft?™ fiteiTo" ^?^ ^^^'^ ^^'^^ ^^^ levied upon the goods or effects of the peti- avaii for more tioner, shall be available for more than one year's rent accrued ieMprevSyP^o'' to the filing thereof, but the landlord, or party to whom accrued. the rent is due, may be a creditor for the overplus of the rent due, and for which the distress is not available, and shall be entitled to all the provisions made for creditors by this Act. 8 V. c. 48, s. 23. Powerto 14. Except as herein otherwise directed, in all cases in ceaiedpTop'erty" w'"'''^. '* ^^ ™^^® ^o appear to the satisfaction of the Judge that of petitioners, there is reason to suspect and believe that property of the peti- tioner is concealed in any house or other place not belono-in" to such petitioner, such Judge shall grant a Search Warrant to the Sheriff of the County, and the Sheriff, or his Deputy or other officer employed by him, shall execute the warrant, according 1859, Insolvent Debtors Court. Cap. 18. V ^9Ji^^ J according to the tenor thereof, and the Sheriff, Deputy or oiherS^^^S'-^rS^^^ officer executing the same, shall be entitled to the protection ^v«J:iS-^ allowed by law in the execution of a Search Warrant for pro,- perty reputed to be stolen and concealed. 7 V. c. 10, s. 49, — 8 V. c. 48, s. 10. 15. The Judge may compel the attendance of and examine a Judgemay the petitioner and his wife, and every person known or sus- fompeUttend- ' , , c,i CI .. . ance of peti- pected to have any ot the properly oi the petitioner in pos- tioner. session, or who is supposed to be indebted to the petitioner, and any person whom the said Judge believes capable of giving any information concerning the person, trade, business or call- ing, dealings or property of the petitioner, or any information material to the full disclosure of his dealings, and may enforce both obedience to such examination, arid the production of books, deeds, papers, writings,- and other documenis, in like manner as might be done in a Superior Court of Law or Equity. 8 V. c. 48, s. 10. lU. The Judge to whom any petition is presented shall. The Judge to from time to time, make such ordeis as he deems right, "specUn''gno- touching the notice to be given to creditors, of meetings and ticeofmeeting^ examination, and the publication of the notice. 8 V". c. 48, ^'^"^"o'^*' s. 4. 17. A majority in number and value of the creditors who, Amajorityof by themselves or their Attorneys duly authorized by Letters of "j'^'''''"'* ™^^ Attorney in thai behalf, attend at a meeting for the choice of ditor's assignees a creditor's Assignee, or at an adjournment thereof, shall, in the presence of a Judge, choose a creditor's Assignee ; but if the Judge deems the person so chosen unfit to be such Assignee, he may reject him and he may remove any Assignee, and there- upon another Assignee shall be appointed by him or be chosen by the creditors (as the case may require) in the manner in this Act provided. 8 V. c. 48, s. 4. 18. In all matters wherein creditors vote, or wherein the a creditor enti- assent or dissent of creditors is exercised in pursuance of, or in fed to vote only IT 1 ■ . T 1 11 1 upon the carrying into effect this Act, every creditor shall be accounted amount ap- a creditor in respect of such amount only as upon an account ppa™gdueto. fairly stated between the parties, after allowing the value of mortgaged property, and other such available securities and liens, appears to be the balance due ; and all disputes concern- ing any such matters or amount, shall, upon application made, be examined into by the Judge, who shall determine the same; but the amount, in respect of which, any such creditor votes in any such matter shall not be conclusive of the amount of his debt for any ulterior purposes of this Act. 8 V. c. 48. s. 19. 19. All sums of money payable by way of annuity or other- Sums payable- wise at any future time, by virtue of any bond, covenant, or other ""^ annuities to securities ] 22 Cap. 18. Insolvent Debtors Court. 22 Vict. he debts within securities of any nature, shall be deemed debts within the mean- this Act. ingofthis Act ; and every person who would be a creditor of any petitioner for protection from Process for such sums of money, if the same were presently due, shall be admissible as a creditor of the petitioner for the value and no more of such sums of money so payable as aforesaid, which value the Judge shall, The value of upon application at any time made in that behalf, ascertain, re- Judgesiiail E^^^ being had to 1 he original price given for such sums of money, ascertain. deducting therefrom such diminution in the value thereof as has been caused by the lapse of time between the grant thereof to ihe time of filing the petition ; and such creditor shall be entitled in respect of such value to the benefit of all the provisions made for creditors by this Act, wil hout preju- dice, nevertheless, to the respective securities of such creditor, excepting as respects the effect of the final Order which maybe obtained by the petitioner under the provisions of this Act. 8 V. c. 48, s. 32. If an assignee 3®. If any assignee so chosen (or appointed) does not, Tvi^hin°sixdays' within six days after notice thereof, signify his acceptance (in another shall be writing) and deliver the same to such Judge, his election (or appointed. appointment) shall be void, and the Judge shall from time to time proceed to appoint until the acceptance be duly signified. 7 V. c. 10, s. 29. Assignees ac- 31. As soon as such acceptance is signified to the Judge a'^^'T^ ^Ah^ ^® aforesaid, he shall, by an instrument under his hand and instrument. seal, declare the choice or appointment of such Assignees and their acceptance ; and the said instrument shall be executed in duplicate, one of which shall be lodged in the office wherein the other papers in the case are hereinafter required to be finally deposited, and the other shall be delivered to the Assignees ; _ . , . and either of such duplicates, purporting to be under such hand Viopies admis- , , i 1 1 i * . i ■ 1 1 /-» . t . -r-v sible in evi- and seal, shall be received in all Courts in this Provmce as denee. primdfacie evidence that the same was executed on the day on which it purports to bear date, that the assignees named therein were duly chosen and appointed, and accepted the office, a,nd that they are authorized to bring and defend actions and suits in that character. 7 V. c. 10, s. 30, — 8 V. c. 48, s. 25. .Until assignee S3. Until an Assignee is chosen by the creditors of any peti- dSors"ih^ "&' ^^'''^^^1 ^^^ Official Assignee nominated by the Judge may act, ciai assignee to and shall be the sole Assignee of the petitioner's properly, and, be the sole as- if the Judge so orders, may sell or otherwise dispose of such ^ignee. property or any part thereof, and make such allowance out of the property for the support of the petitioner and his family, as the Judge directs. 8 V. c. 48, s. 15. If official as- S3. The property vested in any Official Assignee alone or signee resign, jointly with any Assignee chosen by the Creditors, shall not, if such Official Assignee resigns or is removed from his office, remain 1859. Insolvent Debtors Court. Cap. 18. J23 remain in such Official Assignee alone or jointly with the As- property vested signee so chosen, nor in the heirs, executors, or administrators of ^^s»ccessors, such Official Assignee, nor in the surviving Assignee alone, in case of the death of such Official Assignee, but all such pro- perty shall in every such ease go lo and be vested in the suc- cessor in office of such Official Assignee alone, or jointly with ihe Assignee chosen by the creditors (if any), as the case may be. 8 V. c. 48, s. 15. 24. Whenever any petition is dismissed, all sales and ifpetition dis- dispositions of property and payments duly made, and all, other {JJ^^assignee* acts theretofore done by any Assignee or any person acting to be nfver- under his authority, or by any messenger or other person under ^c.^^^™' ' the authority of the Judge, according to the provisions of this Act, shall be good and valid, but the property of the petitioner shall otherwise in such case revert to sucii petitioner ; And no suit shall be commenced or prosecuted against such Assignee, messenger, or other person acting as aforesaid, ex- cept to recover property of the petitioner detained after an Order made by the .Judge for the delivery thereof and a de- mand made thereupon. 8 V. c. 48, s. 15. 25. The Judge authorized to act in the matter of any pe- Remuneratioa tition may direct remuneration to the Official Assignee for his "^"^"^'^^ '^- services in the matter of such petition, but such remuneration shall in no case exceed the rate of forty dollars per centum on the sum received as the proceeds of the property of the peti- lioner. 8 V. c. 48, s, 42. signee. A Judge shall, on the day appointed for that purpose. The Judge to examine upon oath the petitioner and any creditor who attends peSieror the examination or any witness whom the petitioner or any creditors or creditor calls, and such Judge may summon to be examined ^^^^^^IJ^f ''P"" before him any debtor or creditor of such petitioner or any other person whose evidence appears necessary for the foregoing enquiry. 8 V. c. 48, s. 4. 37. The Judge may, by Warrant under his hand and seal, TheJudgemay commit to prison, for such time as he thinks fit, not exceeding ^°^^^^fJpl^. one month, any petitioner who prevaricates or makes any false varieation. statement before him. 8 V. c. 48, s. 7. S8. The .Judge may, by writing under his hand, summon any The Judge witness or person other than the petitioner to be examined !^-t^g\"e™&c. before him on oath or affirmation to be taken before him, respecting the examination of the petitioner or any other matters that may arise under any such petition, and may enforce ^^^ enforce the attendance of and compel such witness or person to answer attendance and by the like means and to the same extent as may be done in compel answer. the case of a contumacious witness in the Superior Courts of Common Law. 8 V. c. 48, ss. 1, 7,-7 V. c. 10, s. 36. 29. ]24 Cap. 18. Insolvent Debtors Court. 32 Vict, The Judge may S9. The Judge may, at the first examination of the pmtmi'Jn!'''" petitioner, and afterwards from time to time, renew the order for protection, until the final order for protection and distribution. 8 V. c. 48, s. 6. If the peti- tioner's debts were contract- ed by fraud, breach of trust or by other culpable mis- conduct, the Judge shall not make final order. 30. In case on the day for the first examination of the peti- tioner, or at any adjournment thereof, it appears to the Judge that the debts of the petitioner, or any of them, were contracted by any manner of fraud or breach of trust, or by any prosecution whereby he had been convicted of any offence, or withqut his having at the time a reasonable or probable expectation of being able to pay such debt or debts, or that such debts, or any of them, were contracted by reason of a judgment in any pro- ceeding for breach of the revenue laws, or in any action for breach of promise of marriage, seduction, criminal conversa- tion, libel, slander, assault, battery, malicious arrest, malicious suing out a;?a< of Bankruptcy, or malicious trespass, or that the petitioner has parted with any of his property since the pre- senting of bis petition, the Judge shall not in any such case name any day for making such final Order, or renew such interim Order. 8 V. c. 48, s. 31. And if peti- tioner was a prisoner, he shall be re- manded. 31. In every such case wherein the petitioner has been a prisoner in execution and discharged out of custody by order of the Judge under the provision herein in that behalf contained, the petitioner shall be remanded by an Order from the Judge to his former custody. If all appears 39. If none of the matters aforesaid so appear, and the Judge may'^givlnofife ^^ satisfied that the petitioner has made a full discovery of his that on a day estate, effects, debts and credits, the Judge may cause notice to raSe a^finr/" ^^ given that on a certain day to be therein named, he will pro- order. Nisi. ceed to make a final Order, unless cause be shewn to the con- trary. 8 V. c. 48, s. 31. final order may be ad- journed sine 33. The Judge may, at the time appointed for making the final Order or at any adjournment thereof, adjourn the consi- deration of such final Order sine die. 8 V. c. 48, s. 33. nodaynamed S4r. If for any of the causes aforesaid, no day be named Idlemav"""' ^o*" making the final Order,or if the consideration of such final If nod ibrfin Judge may ,-. , make orderfor Order be adjourned sine die., or if such final Order be refused onhe™petifi^n- ^'^^'^' ^^^^^ ^^^ expiration of such time subsequent to the' er, &c. filing of the petition, as, the Judge, having regard to all the cir- cumstancesof the insolvency and the conduct of the petitioner as an insolvent debtor before and after his insolvency, thinks just, and after hearing the petitioner or any of his creditors or his or their Counsel or Attorneys, the Judge may make an Order to protect the petitioner from being taken or detained under any Process whatever for or in respect of the several debts and sums of money at the time of filing his petition due, or claimed to be due, from the said petitioner to the several persons named in 1859. Insolvent Debtors Court. Cap. 18. 225 in his Schedule as creditors, or as claiming to be creditors, for the same respectively, or for which such persons should have given credit to the petitioner before the time of filing his peti- tion and which were not then payable, and as to the claims of all other persons not known to the petitioner at the time of making such Order, who may be endorsers or holders of any Negotiable security set forth in the said Schedule. 8 V. c. 48, s. 34. 35. If it appears to the Judge — 1. that the allegations in the On being satis- petition and the matters in the Schedules are true, — and2. that the ^efition'er''^ debts of the petitioner were not contracted by any manner of debts were fraud or breach of trust, — and 3. that he has not been convicted of "^on'rac'ed any offence, — and 4. that such debts were not contracted without izc, the Judge his having at the time reasonable assurance of being able to pay ™^l grant a his debts, — and 5. that such debts were not incurred by reason of protection. any judgment or proceeding for breach of the Revenue Laws, or of any action for breach of promise of marriage, seduction, criminal conversation, libel, slander, assault and battery, mali- cious arrest, malicious suing out a fiat in Bankruptcy, or mali- cious trespass, — and 6. if it also appears that the petitioner has made a full discovery of his estate, effects, debts and credits, and has not parted with any of his property since the presenting of his petition, the Judge may cause notice to be given, that, on a certain day to be named therein, he will, unless cause be shewn to the contrary, proceed to make an order in the form No. 4, which order shall be called a final order, and shall be for the protection of the per.son of the petitioner from all Process, and for the vesting of his estate and effects in the Official Assignee named by such Judge, together with an Assignee chosen by the majority in number and value of the creditors who attended before the Judge on the day ap- pointed by him for that purpose, or for the carrying into effect any proposal which the petitioner may have set forth in his peti- tion as hereinbefore provided. 8 V. c. 48, s. 4. 36. The Judge without further notice may from time to time And may from adjourn the consideration of such final Order, and he may in time to time ad- such final Order direct some allowance to be made for ^[jg J™™' ®**'"^- support of the petitioner out of his estate and effects. 8 V. c. 48, s. 4. 37. The final Order, under the provisions of this Act, Effect of final shall protect the person of the petitioner from being taken or °"^^''" detained under any Process whatever in respect of the several debts and sums of money at the time of filing his petition due or claimed to be due from such petitioner to the several persons named in the Schedule as creditors or as claiming to be cre- ditors for the same respectively, or for which such persons gave credit to the petitioner before the time of filing such petition and ;5vhich were not then payable, or in respect of the claims of any other persons not known to the petitioner at the time of making 126 Cap. 18. Insoloent Debtors Court, 22 Vict. Form and con- tents of final order. If petitioner in prison in exe- cution, the Judge may or- der his dis- charge. making the final Order who maybe endorsees or holders of any- negotiable securities set forth in such Schedule ; and every such final Order may be made without specifying therein any such debts or sums of money, or claims as aforesaid. 8 V. c. 48,s. 29. 38. If any petitioner, being a prisoner in execution at the time of filing his petition, is detained in prison for any debt or claim in respect of which he is protected from process by his final Order, the Judge may order any Officer who has such petitioner in custody by virtue of such execution, to dis- charge such petitioner without exacting any fee, and such Officer is hereby indemnified for so doing. 8 V. c. 48, s. 30. ' If petitioner ar- S9. If the petitioner has been taken or detained under any rested for debt, process whatever, for any debt or claim in respect of which he order his dis- is protected from process by such Order as last aforesaid, the charge. Judge may order the Officer who has such petitioner in cus- tody to discharge such petitioner therefrom without exacting any fee, and such Officer is hereby indemnified for obeying- such order. 8 V. c. 48, s. 35. Final order 40. If any suit or action be brought against any peti- may be pleaded tioner for or in respect of any debt contracted before the d^te of filing his petition, it shall be a sufficient plea in bar of the said suit or action, that a petition was duly presented and a final Order for protection and distribution made by a Judge duly authorized, whereof the production of the Order signed by the Judge, with proof of his handwriting, shall be sufficient evidence. 8 V. c. 48, s. 24. 41. In case at any time after the final order has been made, a Creditor or the Official or other Assignee gives' one month's no- tice to the petitioner either by personal service, or if he cannot be found, by service at the place of his residence mentioned in his notice of petition, that such Creditor intends to apply by motion to the Judge, or in case of his death, resignation or remo- val, to the Judge appointed to succeed him, that the final order be rescinded as far as relates to the protection of the petitioner's person from process, and as far as relates to the effect of such order in bar of actions ; and in case such notice has been publish- ed twice in the Canada Gazette and twice in the same paper in which the notice of the petition was given, or in some other paper circulating in the same County, and in the event of a Creditor being the applicant if he has served the Official and other Assignee with one month's notice to attend the said Judge, the said Judge shall hear the matter of such motion and any evidence in support of it, and what the petitioner has to allege against it, and any evidence against it, and shall examine the petitioner if he desires to be examined, or if the Judge thinks fit, — then in case the Judge sees reason to believe that the peti- tioner had not before the making of such final order made a full disclosure After final order the Judge may, under certain circumstances and afier due notice, J t J nurnbcr And in this Act contained, appoint, and from time to time alter the ri.nitsofDm- number, limits and extent of every Division, and shall number ^'°"- ihe Divisions, beginning at number one ; but a less number of Justices shall not alter or rescind any Resolution or Order made by a greater number at any previous session. 13, 14 V. c. 63, s. 4. 9. The Court in each Division shall be called " The First Designation of Division Court in ihe County of ," (or, as the Court, case may be.) 13, 14 V. c. 53, s. 6. 10. When a Junior County separates from a Senior County On separation or Union of Counties, the Division Courts of the United lenior County, Counties which were before the separation wholly within the Court to con- territorial limits of the Jimior County, shall continue Division aitered^by" Courts of the Junior County, and all proceedings and judgments Sessions, shall be had therein, and shall continue pi-oceedings and judg- ments of the said I3ivision Courts respectively ; and all such Division Courts shall be known as Division Courts of such Junior County by the same numbers respectively, as they were before, until the Justices of the Peace of the Junior County in General Quarter Sessions assembled, appoint the number, limits and extent of the divisions for Division Courts within the limits of such Junior County, as provided in the eighth Section of this Act. 16 V. c. 177, s. 16. 11. Whenever the Jilstices of the Peace of any County, in On alteration General Quarter Sessions assiembled, alter the number, limits juj^e toXect or extent of the Division Courts within such County, all in what Court proceedings and judgments had in any Division Court before £e°contin"iSl!'' the day when such alteration takes effect, shall be continued in such Division Court of the ('ounty as the Judge directs ; and shall be considered proceedings and judgments of such Court. 16 V. c. 177, s. 17. 13. Incase a Junior County be separated from a Union cierk-s and offi- of Counties, or the proceedings of any of the Division Courts of <^ers to deliver «. ^ 1. fi. ^i T-V-- /-I . papers to 6 a Senior County be transferred to any other Division Court personi within the County upon the order of the judge, the Clerks or Judge ( other officers of such Division Courts who hold any writs or documents appertaining to any such Courts or the business thereof, shall deliver up the same to such persons as the Judge directs. >such lersons as directs. 138 tfap. 19. Division Courts. 22 Vict. After separa- , tion of Junior ftom senior County pro- directs, and any person refusing to deliver up the same shall be liable to be proceeded against in the same maftner as persons wrongfully holding papers and documents under the provisions of the forty-eighth section of this Act. 16 V. c. 177, s. 18. IS. If after the separation of a Junior County from a Union of Counties, the territorial limits of any of the Division Courts of the former Union are partly within the Junior and partly tS^c°afes'trbe within the Senior County, all proceedings commenced in such continued in Division Courts of the former Union shall be continued to Senior County, completion in the Court where the proceedings were originally commenced, or in such other Division Court of the Senior County as the Judge thereof directs ; and the Clerks and other Officers of the said Division Courts of such Senior County in possession of any writs or documents appertaining to any such Court or to the business thereof, shall deliver over the same to the Clerk of such Division Court of such County as the Judge thereof directs. 16 V. c. 177, s. 19. 14. At the first Sittings of the General Quarter Sessions of the Peace for any Senior County, after the issue of any proclamation for separating a Junior from a Senior County, the Justices there present shall appoint the number, (not less than three, nor more than twelve,) the limits, and extent of the several Divisions within such County, and the time when such change of Divisions shall take effect ; but if the Justices do not make such change at the first Sittings they may do so at any other Sittings of such Court, and a less number of Justices shall not rescind or alter any resolution or order made by a greater number under the provisions of this Section. 16 V. c. 177, s. 20. Quarter Ses- sions of Senior County to re- giilate Divi- sions of Senior County alter separation. Clerk of til e Peace to record time and place for holding Courts. 15. The Clerk of the Peace, in a book to be by him kept, shall record the Divisions declared and appointed, and the time and places of holding the Courts, and the alterations from time to time made therein, and he shall forthwith transmit to the Governor a copy of the record. 13, 14 V. c. 53, s. 5. THE JUDGE. County Court I®- The County Court Judges shall preside over the Divi- Judgestopre- sion Courts in their respective Counties. 13, 14 V. c. 53. s. 7. side. ' ' Who to preside in case of ill- ness or absence of Judge. 17. In case of the illness or unavoidable absence of the County Judge, the County Judge of the Court of any other County may hold the Court, or the first mentioned Judge may appoint some Barrister of the Bar of Upper Canada to act as his Deputy ; and the person so appointed shall, as Judge of the Division Court, during the time of his appointment, have all the powers and privileges, and be subject to all the duties vested in or imposed bv law on the Judge by whom he has been appointed. 13, 14 V."c. 53, s. 8. 18. 1859. Division Courts. Cap. 19. J 39 18. The County Judge or the Barrister so appointed Deputy Governor to be shall forthvvith^send to the Governor notice of such appointment, "°|J,^^entT specifying the name, residence and profession of such Deputy Deputy. Judge, and the cause of his appointment. 13, 14 V. c. 63, s. 8. 19. No such appointment shall be continued for more than Appoi«tment, one month without a renewal of the like notice, and in case ^low long to the Governor disapproves of such appointment, he may annul the same. 13, 14 V. c. 53, s. 8. 20. In case the Judge or the acting Judge, from illness or any clerks or De- casualty, does not arrive in time or is not able to open the Court pu'y clerks on the day appointed for that purpose, the Clerk or Deputy court if j"udge Clerk of the Court, shall, after eight o'clock in the afternoon, by does not arri- proclamation adjourn the Court to an earlier hour on the fol- ^"^ '" ' lowing day, and so from day to day adjourning over any Sun- day or legal holiday, until the Judge or acting Judge arrives to open the Court, or until he receives other direction from the Judge or acting Judge. 13, 14 V. c. 53, s. 8. THE CLERKS AND BAILIFFS, &C. 3 1 . For every Division Court there shall be a Clerk and one Every Court or more Bailiffs who shall be British Subjects. 13, 14 V. c. ^^^i^^t^^^f' 53, s. 9. 2S. No County Court Clerk, practising Barrister or Solicitor who disquaii- shall be appointed Clerk. 13, 14 V. c. 53, ss. 9, 110. See 12 fi^J. V. c. 66, s. 12. 33. The Judge shall from time to time appoint and may at Judge to ap- his pleasure remove any Clerk or Bailiff. 13, 14 V. c. 53, s. 9. Cvl ciikt and Eailifis. SECURITIES TO BE GITEN BY DIVISION COURT CLERKS AND BAILIFFS. 34. Every Division Court Clerk and Bailiff shall security by entering into a Bond to Her Majesty, with as many ^^^^j to give sureties, in such suras, and in such form as the Governor directs, bond to the for the due accounting for and payment of all fees, fines and Crown, moneys received by them respectively, by virtue of their respective offices, and also for the due performance of their several duties. 16 V. c. 177, s. 12. 35. Every Clerk and Bailiff of a Division Court shall, by a clerks ami covenant according to the form A, or in words to the same effect, ^aiiiffs oipm- ■j- -^ ^- T. ■ n I. Tj J sion Courts to give security, with so many sureties, being Freeholders and give security. residents within the County, and in such sums as the County Judge may direct, and shall under his hand approve and declare sufficient. 13, 14 V. c. 53, s. 22, <^ Sch. C. 26. 140 Cap. 19. Division Courts. 22 Vict. Before Clerk or Bailiff enters on bis duties, co- venant to be fil- ed with Clerk, of the Peace. To be available to suitors, &c. 36. Before any such Clerk or Bailiff enters upon the duties of his office, the covenant of himself and sureties, approved as aforesaid, shall be filed in the office of the Clerk of the Peace iii the County in which the Division Court is situate, and for filing and granting a certificate thereof he may demand from such Clerk or Bailiff the sum of one dollar. 13, UV. c. 53, s. 22, ^ Sch. C. 27. Such covenant shall be available to, and may be sued upon in any Court of competent jurisdiction by any person suffering damages by the default, breach of duty, or miscon- duct of any such Clerk or Bailiff. 13, 14 V. c. 53, s. 22, 4- Sch. C. Certified copy 28. A copy of every such covenant, certified by the Clerk blrecdv^^ of the Peace, shall be received in all Courts as sufficient evidence. evidence of the due execution and of the contents thereof wilhout further proof. 13, 14 V. c. 53, s. 22, ^^ Sch. C M surety dies, 29. If any surety in any such covenant dies, becomes re- be"furiStS"' sident out of Upper Canada, or insolvent, the County Judge shall notify the Clerk or Bailiff for whom such person became surety, of such death, departure or insolvency, and such Clerk or Bailiff shall, within one month after being so notified, give anew the like security, and in the same manner as hereinbefore provided, or forfeit his office of Clerk or Bailiff. 13, 14 V. c. 53, s. 22, 4- Sch. C. hereinbefore contained shall discharge or Securities here- 30. Nothing tofore given to exonerate any of the parties to such former covenant from continue in .^i-i-i'i. r n -iic lorce. their liability on account oi any matter done or omitted before the renewal of the covenant as aforesaid. 13, 14 V. c. 53, s. 22. Existing secu- 31. The bonds and covenants given by Clerks and Bailiffs, ntiesoontinued. before the passing of this Act, shall continue in force and have the same effect as if given under this Act. s. 22,-16 V. c. 177, s. 12. 13, 14 V. c. 53, Clerks and Bailifi's to be paid by fees. 32. The Clerks and Bailiffs shall be paid, by fees, as by this Act allowed. 13, 14 V. c. 53, s. 12. CLERKS' D0TIES. When Clerk Kiay appoint • Deputy. 33. The Clerk may, (with the approval of the Judge) from time to time, when prevented from acting, by illness or other unavoidable accident, appoint a Deputy to act for him, with all the powers and privileges and subject to like duties, and may remove such Deputy at his pleasure, and the Clerk and his Sureties shall be jointly and severally res- ponsible for all the acts and omissions of the Deputy 13, 14 V. c. 53, s. 10. 34. 1869. Division Courts. Cap. 19. 14| 34. The Clerk shall issue all Summonses, which Sum- Clerk to issue mouses shall be by him filled up and shall be without blanks aX^rTish* either in date or otherwise at the time of delivery for service ; particulars of he shall also furnish copies of the same with the notice thereon, ^^'™* «"'* ^^ according to the form prescribed by any rule respecting the practice and proceedings of the Division Courts. 13, 14 V. c. 53, ss. 13, 40. 35. The plaintiff or defendant respectively shall furnish the Parties to fur- Clerk with the particulars of the Plaintiff's claim or demand, "'sh Aeir or of the Defendant's set-off {as the case may he), and the Clerk cfe'ric! '° '^^ shall annex the Plaintiff's particulars to the Summons, and he shall furnish copies thereof, or of the Defendant's set-off' to the proper person to serve the same. 13, 14 V. c. 53, ss. 13, 40. 36. The Clerk shall also issue all Warrants, Precepts Clerks to issue and Writs of Execution filled up and without blanks, — ^lie •^''ecuiions, tax in !■ 1 .. riTi . costs and keep snarl tax costs subject to the revision ol the Judge, — register account offees, all orders and judgments of the Court, and keep an account '^''' of all Court fees and fines payable or paid into Court, and of all Suitor's moneys paid into and out of Court, and shall enter an account of all such fees, fines and moneys in a book to be kept by him for that purpose, which book shall be open to all persons desirous of searching the same, and shall at all times be accessible to the Judge, who shall examine the same quarterly or oftener and compare the accounts hereinafter men- tioned with such book, and shall certify on each such aceountthat he has examined the same, and believes it to be correct, or if he does not believe it to be correct, he shall state his objections thereto, and the Clerk shall thereupon forward the account with such certificate to the County Attorney, 13, 14 V. c. 53, ss. 13, 40. 37. The Clerk, at the periods from time to time appointed Clerks to sub- by the Governor, shall submit his said accounts to be audited I" c'^'^T^At or settled by the County Attorney. 13, 14 V. c. 53, s. 13. torneys/ 38. The Clerk of every Division Court shall, from time to cierksofCoun- time, as often as required so to do by the County Attorney ty and Division of his County, and at least once in every three months, deliver iiverTo'couaty to him, verified by the affidavit of such Clerk sworn before attorney a the Judge or a Justice of the Peace of the County, a full count^o/Feea. account in writing of the fees received in his Court ; And a like account of all fines levied by the Court, accounting for and deducting the reasonable expenses "of levying the same, and any allowance which the Judge may make out o{' any such fine, in pursuance of the power hereinafter given. 13, 14 V. c, 53, s. 16,— 20 V. c. 59, s. 13. See s. 99, pmt. 39. The fees from time to time received by such Clerks res- Fee Fund pectively, and payable to the General Fee Fund, shall be by "o'jeys'o l«. t\ ,1 r ^- X .• .1 r, . "^ paid to County them paid overtrom time to time to the County Attorney, and Attorney. at 142 Cap. 19. Division Courts. 22 Vict. Clerk of Divi- sion Court to furnish Judge with a verified account of mo- neys paid in ana out of Court. at least once in every three months, and shall form part of a fund, to be called the General Fee Fund, and shall be applied towards the payment of the salaries of the Judges of such Courts. 13, 14 V. c. 53, s. 15,-20 V. c. 59, s. 13. 40. The Clerk of each Division Court, when required by the Judge shall, from time to time, furnish him with a like account verified by the oath of the Clerk sworn before the Judge or a Justice of the Peace, of the moneys received into and paid out of the Court, by any suitors or other parties under any orders, decrees or process of the Court, and of the balance in Court, belonging to any such suitors or parties. 13, 14 V. c. 63, s. 15. Division Court Clerks to fur- nish the Judge with semi-an- nual accounts of fees and emoluments. Clerk to keep a record of Writs and Judg- ments. 4:1. The Clerk of every Division Court shall, half yearly at least, furnish to the Judge of his Court a detailed statement of all Fees and Emoluments of his Court ; which statement shall be sworn to before such Judge, and it shall be the duty of such Judge to require such statement and to file the same with the County Attorney. 13, 14 V. c. 53, s. 110. 43. The Clerk shall cause a note of all summonses, orders, judgments, executions and returns thereto, to be from time to time fairly entered in a book to be kept in his Office ; and shall sign his name on every page of such book ; and such signed entries, or a copy thereof certified as a true copy by the Clerk, shall be admitted in all Courts and places as evidence of such entries, and of the proceedings referred to thereby, without any further proof. 13, 14 V. c. 53, s. 49. 43. The Clerk shall, annually in the month of January, make out a correct list of all sums of money belonging to Suitors in the Court, which have been paid into Court and which have remained unclaimed for six years before the last day of the month of December then last past, specifying the names of the parties for whom or on whose account the same were so paid. 16 V. c. 177, s. 13. Copy of list to 44. A copy of such list shall be put up and remain at all ^oMt'iioJse ti™6s ill ^he Clerk's office and during Court hours, in some and in his office, conspicuous part of the Court House, or place where the Court is held. 16 V. c. 177, s. 13. DISPOSAL OF MONEYS PAID INTO COUKT. Clerk annually to make list of Suitors' money in Court. Unclaimed moneys to be carried to credit of Fee Fund. 45. All sums of money which have been paid into Court to the use of any Suitor thereof, and which have remained un- claimed for the period of six years after the same were paid into Court or to the Officers thereof, and all sums of money when this Act takes effect or afterwards in the hands of the Cleric or Bailiff, paid into Court, or to the Officers thereof, to the use of any Suitor shall, if unclaimed for the, period 1859. Ifivision Courts. Cap. 19. ]43 period of six years after the same were so paid, be appli- cable as part of the General Fee Fund of the Division Courts, and be carried to the account of such Fund and paid over by the Clerk or Officer holding the same to the County Attorney of his County, and no person shall be entitled to claim any sum which has remained unclaimed for Six years. 16 V. c. 177, s. 13. 4@. No time during which the person entitled to claim such claims of per- .s.um was an infant or feme covert, or of unsound mind, or out ab?iity"nouo be of the Province, shall be taken into account in estimating the prejudiced, six years. 16 V. c. 177, s. 13. DISPOSAL OF BOOKS AND PAPERS WHEN CLERK CHANGED. 47. All accounts, moneys, books, papers, and other matters upon resigna- in the possession of the Clerk by virtue of or appertaining to his 'io°j removal office, shsdl, upon his resignation, removal or death, immedia- ciei^^. County tely become the property of the County Attorney of the County Attorney to be- in which the Division is situate, who shall hold the same for ofpapCTs!^^*^ the benefit of the public until the appointment of another Clerk, to whom he shall deliver over the same, but not until such Clerk and his sureties have executed and filed the covenant hereinbefore mentioned. 13, 14 V. c. 63, s. 13. 48. Any person wrongfully holding or getting possession of Penalty on per- such accounts, moneys, books, papers and matters aforesaid, son wrongfully <•■ ■iii-i.r-i , 1 nolding mo- or any of them, shall be guilty of a misdemeanor, and upon the neya, books or declaration in writing of the Judge presiding over the Division papers. Court for the time being, that a person has obtained or holds such wrongful possession thereof, and upon the order of a Judge of either of Her Majesty's Superior Courts of Law, founded thereon, such person shall be arrested by the Sheriff of any County in which he is found, and shall by such Sheriff' be committed to the Common Gaol of his County, there to remain without bail until one of such Superior Courts or a Judge thereof be satisfied that such person has not and never had nor held any such matters or moneys, or that he has fully accounted for or delivered up the same to such County Attorney, or jintil he be otherwise discharged by due course of Law. 13, 14 V. c. 53, s. 13. TEES Ol' CLERKS AND BAILIFFS. t 49. The Fees of the Clerks and Bailiffs of the Courts shall Fees of clerks be those set down in the table of fees, B, and a table of such ^""^ bailiffs. fees shall be hung up in some conspicuous place in the offices of the several Clerks. 13, 14 V. c. 53, s. 14,— 18 V. c. 125, s. 5, Sf Sch. 50. The fees upon every proceeding shall, on or before such Fees to be paid proceeding, be paid in the first instance by the PlaintifT, or other ^^r^'j^nfin'^ party at whose instance the same takes place. 13, 14 V. c. first instance. 53, s. 30,-16 V. c. 177, s. 3. 51. 144 Cap. 19. Division Coxurts: 22 Vict. How enforced ♦* 1 . If the fees are not paid in the first instance by the if not paid. Plaintiff or party on whose behalf such proceeding is to be had,, the payment thereof may by order of, the Judge be en- forced by execution in like manner as a judgment of the Court, by such ways and means as ariy debt or damages ordered to be paid by the Court can be recovered. 16 V. c. 177, s. 3, Bailiff's fees to 5S. At the time of the issue of the execution, the Bailiff's tefbre ixe'^cu''' fees thereon shall be paid to the Clerk, and shall by him be tion issues. paid over to the Bailitf, upon the return of the execution, and not before, but if the Bailiff should not become entitled to any part or should be entitled to a part only of such fees, the whole or surplus shall on demand be by the Clerk repaid to the Plaintiff or party from whom the fees were received. 13, 14 V. c. 53, s. 14. Bailiff to forfeit S3. If the Bailiff neglects to return any process or ex- glects tprSurn Gcution within the time required by law, he shall for each writ. such neglect forfeit his fees thereon, and • all fees so forfeited shall be held to have been received by the Clerk, who shall And such fees k^ep a special account thereof, and account for and pay over to go to Fee the same to the County Attorney of the County to form part of *■"""*• the General Fee Fund. 13, 14 V. c. 53, s. 14. JURISDICTION. Cases in which 54. The Division Courts shall not have jurisdiction in any Court has no of the following cases : jurisdiction. ° 1. Actions for any gambling debt ; or 2. For spirituous or malt liquors drunk in a tavern or ale- house ; or 3. On notes of hand given wholly or partly in consideration thereof ; 4. Actions of ejectment or actions in which the right or title to any eorporeal or incorporeal hereditaments ; or any toll, cus- tom or franchise comes in question ; or 5. In which the validity of any devise, bequest or limitation under any will or settlement may be disputed ; or 6. For malicious prosecution, libel, slander, criminal conver- sation, seduction or breach of promise of marriage ; 7. Actions against a justice of the Peace for any thing done by him in the execution of his office if he objects thereto. 13, 14 V. c. 53, s. 23,-16 V. c. 177, s. 1,— 16. V. c. 180, s. 9. 55. 1859. Division Courts. Cap. 19. 145 55. The Judge of every Division Court may hold plea of, Cases in which and may hear and determine in a summary way, for or against •uri^"^"-^^.^ persons, bodies corporate or otherwise : 1. All personal actions where the debt or damages claimed do not exceed forty dollars ; and 2. A.11 claims and demands of debt, account or breach of contract, or covenant, or money demand, whether payable in money or otherwise, where the amount or balance claimed does not exceed one hundred dollars, and except in cases in which a jury is legally demanded by a party as hereinafter provided, he shall be sole judge in all actions brought in such Division Courts, and shall determine all questions of law and fact in relation thereto, and he may make such orders, judg- ments or decrees thereupon as appear to him just and agreeable to equity and good conscience, and every such order, judgment and decree, shall be final and conclusive between the parties. 13, 14 V. c. 63, ss. 30,84. 56. Upon any contract for the payment of a sum certain in Judge may or- labour or in any kind of goods or commodities or in any other moifeT™™* '" manner than in money, the Judge, after the day has passed on though con- which the goods or comnaodities ought to have been delivered payment i™ or the labour or other thing performed, may give judgment for money. the amount in money as if the contract had been so originally expressed. 16 V. c. 177, s. 1,-13, 14 V. c. 63, s. 23. 57'. No privilege 'shall be allowed to any person to exempt No privilege to him from suinar and being sued in a Division Court, and any exempt parties Executor or Administrator may sue or be sued therein, and the tion of Court, judgment and execution shall be such as in like cases would be given or issued in the Superior Courts. 13, 14 V. c. 53, ss. 28, 80. 58. A minor may sue in a Division Court for any sum Minorsmay not exceeding one hundred dollars, due to him for wages, in ^°tes!""^ ^°' the same manner as if he were of full age. 13, 14 V. c. 53, s. 27. 59. A cause of action shall not be divided into two or more Causes of ac- suits for the purpose of bringing the same within the jurisdic- ^^"^5^'*°^® tion of a Division Court, and no greater sum than one hun- dred dollars, shall be recovered in any action for the balance of an unsettled account, nor shall any action for any such ba- lance be sustained where the unsettled account in the whole exceeds two hundred dollars. 13, 14 V. c. 53, s. 26. 60. A judgment of the Court upon a suit brought for the ba- Judgment to be lance of an account shall be a full discharge of all demands '^"" discharge. in respect of the account of which such suit was for the ba- lance, and the entry of judgment shall be made accordingly. 13, 14 V. c. 63, s. 26. J @1. fi^ Cap. 19. Division Courts. 22 Vi6t. Causes may be 6 1 . In case the' debt or dainages claimed in any suit bf ought SuperiOT Court '" ^ Division Court amounts to forty dollars and upwards, arid hy certiorari^ in case it appears to any of the Judges of the Superior Court's certain cases, ^f Common Law, thatthe case is a fitone to be tried in one of the said Superior Courts, and in case any Judge thereof grants leave for that purpose, such suit may by writ of certiorari be removed from the Division Court into either of the said Superior Courts upon such terms as to payment of Costs or other terms as the Judge making the order thinks fit. 13, 14 V. c. 53,''s. 85. PROCESS AND PROCEDURE. Board of Jud- ©2. The existing appointments of County Judges with au- fiiles°coQtTmi- thority to frame general rules respecting the practice and pro- ed. ceedings of the Division Courts, shall continue until superseded or revoked by the Governor. 16 V. c. 177, s. 10, — 20 V. c. 68, s. 8. The Governor 63. The Govemor may from time to time appoint and au- may appoint thorize five of the County Judges to frame general rules and Judgestoframe forms Concerning the practice and proceedings of the Division rotes, &c. Courts, and the execution of the Process of such Courts, with power also to frame rules and orders in relation to the pro- visions of this Act, or of any future Act respecting such Courts, as to which doubts have arisen or may arise, or as to which there have been, or may be conflicting decisions in any of such Courts. Who shall ler- 64. The County Judges appointed as in the last section pro- cf^-7ju I'r''* vided, or any three of them, shall, under their hands, certify to be laid before the Chief Justicc of Upper Canada, all rules and forms made the Judges. after this Act takes effect, and the Chief Justice shall submit the same to the Judges of the Superior Courts of Common L^w at Toronto, or to any four of them. Suchrulestobe ®5- The Judges of the Superior Courts (of whom the said rh^i'Irud^''e^- ^^ ^"^^^^ Justice, or the Chief Justice of the Court of Common e u ges , pigas shall be one) may approve of, disallow, or amend any such rules or forms. And have force 66. The rules and forins so approved of shall have the same of a Statute, force and effect as if they had been made and included in this Act. The Judgesto 67. The Judges who make any rules and forms approved of 'toX'^Gove?-^' ^^ aforesaid, shall forward copies thereof to the Governor, and nor, &c. the Governor shall lay the same before each House of the J>egislature. Expenses of 68. The Governor may by waiTant direct the Receiver provided for. General, to pay out of the General Fee Fund, the contingent expenses connected with the framing, approval arid printing of such rules. 69. 1859. Division Courts. Cap. 19. 147 69. In any case not expressly provided for by this 'Act or Practice of the •by existing; rules, or by rules made under this Act, the County foXM^i^ -Judges may, in their discretion, adopt and apply the general in unprovided 'principles of practice in the Superior Courts of Common Law, ''*'^' to actions and proceedings in the Division Courts. 70. All rules and forms legally made and approved under Former rules tbfc former " Upper Canada Division Court Acts," and in force ''°"""" • when this Act takes effect, shall, as far as applicable, reme^in in force until otherwise ordered. 16 V. c. 177, s. 10, — 20 V. c. 58. s. 8. 71. Any suit may be entered and tried in the Court holden in what Courts for the Division in which the cause of action arose or in which ®""*^^'^ j° the Defendant or any one of several Defendants resides or carries tried. on business at the time the action is brought, notwithstanding that the Defendant or Defendants may at such time reside in a County or Division or Counties or Divisions different from the one in which thecause of action arose 16 V. c. 177, s. 8,-18 V. c. 125, s. 1. 73. The places fixed for holding the sittings of the Courts When suits and the Offices of the Clerks thereof, being in some instances PJ"Ji^r''[han'^ situated at an inconvenient distance from the place of residence the regular Di- of certain parties residing in such Divisions, while a Court is ^'«i°°^- held in an adjacent Division, in the same, or in an adjoining County more convenient for such parties, and it being de- sirable that procedure in the Division Courts should be made easy and inexpensive to suitors ; therefore, in case any person desires to bring an action in a Division other than that in which the cause of action has arisen, or in Which the Defen- dant resides, any County Judge may by special order autho- rize a suit to be entered and tried in the Court of any Division in his County adjacent to the Division in which the Defendant or one of several Defendants resides, whether such Defendant or Defendants reside in the County of the Judge granting the order or in an adjoining County. 13, 14 V. c. 53, s. 25, — 16 V. c. 177, ss. 8, 9,— 18 V. c. 125, s. 1. 73. In cases where no such special order has been obtained, the Where no spo- Clerk of any Division Court shall, when required, forward all "o^fo/ward''"'* summonses to the Clerk of any other Division Court for ser- Summoases. vice, and the Clerk of any Division Court shall receive any summonses sent to him by any other Division Court Clerk for service, and he shall hand the same tothe Bailiff forservice, and when returned, shall receive the same from the Bailiff and return them to the Clerk from whom he received them, and every Clerk shall enter all such prodeBdings in a book to be by him kept for that purpose. 13, 14 V. c. 53, s. 25,-16 V. c. 177, s. 29,— 18 V; c. 125, s. 3. 74. The Plaintiff shall enter with the Cletk a copy and if piaintiifto en- necessary copies of his account, claim or demand in writing in ^er copy of his j2 detail 148 Cap. 19. Division Courts. 23 Vict. claims with detail (and in cases of tort, particulars of his demand) which ^''''^' shall be numbered according to the order in which the same are entered and thereupon a Summons shall be issued, bearing the number of the account, claim or demand on the margin thereof, and corresponding in substance with the form or in such other form as may be prescribed by any rule respecting the practice and proceedings of the Division Courts, accord- ing to the nature of the account, claim or demand, and on the trial of the cause no evidence shall be given by the Plaintiff of any cause of action except such as is contained in the account, claim or demand so entered. 13, 14 V. c. 53, ss. 24, 42. Service of sum- 75. The summons with a copy of the account or of the par- raonstobe ten tjcujars of the claim or demand attached, shall be served ten days at least before the return day thereof. wiien sen-ice '^6. In casc none of the Defendants reside in the County and-wiien*20 ^^ which the action is brought, but one* of them resides in an days. adjoining County, the summons shall be served fifteen days, and in case none of the Defendants reside in the County within which the action is brought, or in an adjoining County, the summons shall be served twenty days at least before the return day thereof. 16 V. c. 177, s. 29,-18 V. c. 125, s. 1. When service fT. Incase the amount of the account, claim or demand or otherw^^?' cxceeds eight dollars, the service shall be personal on the Defendant, and in case the amount does not exceed eight dollars, the service may be on the Defendant, his wife or servant, or some grown person being an inmate of the De- fendant's dwelling house, or usual place of abode, trading or dealing. 13, 14 V. c. 53, s. 24. Postages. 78. The postages of papers required to be served out of the Division, and sent by Mail for service, shall be costs iiji the cause. 13, 14 V. c. 53, s. 88, middle part. BailtSs to serve 79. The Bailiffs shall serve and execute all summonses. Writs. orders, warrants, precepts and writs delivered to them by the Clerk for service, whether Bailiffs of the Court out of which the same issued or not, and shall so soon as served return the same to the Clerk of the Court of which they are respectively Bailiffs; But they shall not be required to travel beyond the limits of then Division, or be allowed to charge mileage for any distance travelled beyond the limits of the County in which the Court of which they are respectively Bailiffs is situated. 13, 14 V. c. 53, s. 13,-16 V. c. 177, s. 29,-18 V. c. 125, s. 2. Clerk to pre- 80. The Clerk shall prepare affidavits of service of all of ser^er&c. Sunimonses issued out of his Court, or sent to him for service, ' stating how the same were served, the day of service and the dis- tance the Bailiff necessarily travelled to effect service, and the affidavits shall be annexed to or endorsed on the Summonses res- pectively ; but the Judge may require the Bailiff to be sworn in his 1859. Division Courts. Cap. 19. 149 his presence and to answer such questions as may be put to him touching any service or mileage. 16 V. c. 177, s. 31. §1. In case of a debt or demand against two or more per- One of several sons, partners in trade or otherwise iointlv liable, but residing in partners may diiierent Divisions, or one or more ot whom cannot be iound, tain cases. one or more of such persons may be served with process, and judgment may be obtained and execution issued against the person or persons served, notwithstanding others jointly liable have not been served or sued, reserving always to the person or persons against whom execution issues his or their right to demand contribution from any other person jointly liable with him. 13, 14 V. c. 63, s. 29. 82. Whenever judgment has been obtained against any such Bailiff may partner and the iudge certifies that the demand proved was strictly ^j'^. property ^ !•.■• .1 -r, -Trr ■ n •/•i-i ofFirmoncer- a partnership transaction, the Baiiiii, in order to satisiy the judg- tificate of Jud- ment and costs and charges thereon, may seize and sell the s«- property of the Firm, as well as that of the Defendants who have been served. 13, 14 V. c. 53, s. 29. 83. Every Clerk or Bailiff may sue and be sued for any debt cierks and due to or bv him, as the case maybe, separately or iointly with Bailifismay any other person in the Court of any next adjoining Division jn adjoining in the same County, in the same manner, to all intents and Divisions, purposes, as if the cause of action had arisen within such next adjoiningDivision, or the Defendant or Defendants were resident therein, and no Clerk or Bailiff shall bring any suit in the Division Court of which he is such Clerk or Bailiff. 13, 14 V. c. 53, s. 62. 84. On the day named in the summons the Defendant shall Judge may in person, or by some person on his behalf, appear in the Court jj^s'^^^oF to answer, and on answer being made the Judge shall, without cause or non- further pleading or formal joinder of issue, proceed, in a sum- *"" ^ ^'°" ' mary way, to try the cause and give judgment ; and in case satisfactory proof is not given to the Judge entitling either party to judgment, he may nonsuit the Plaintiff; and the Plaintiff may, before verdict in Jury cases, and before judgment pronounced in other cases, insist on being nonsuited. 13, 14 V. c. 53, ss. 41,84. 83. If on the day named in the summons the Defendant does Proceedings not appear, or sufficiently excuse his absence, or if he neglects to j^nf^oeslor answer, the Judge, on proof of due service of the summons appear. and copy of the Plaintiff's account, claim or demand, may pro- ceed to the hearing or trial of the cause on the part of the Plaintiff only, and the order, verdict or judgment thereupon, shall be final and absolute, and as valid as if both parties had attended' ; , and, except in actions of tort or trespass, in case of the personal service of the summons and of detailed particulars of the Plaintiff's claim, the judge may, in his discretion, give judgment without farther proof. 13, 14 V. c. 53, s. 45. 150 Cap. 19. Division Courts, 22 Vict, Judge majr ad- 86. In Case the Judge thinks it conducive to the ends. Sca^?""^ of justice, he may adjourn the hearing of any cause in order; to permit either party to summon witnesses or to produce further proof, or to serve or give any notice necessary to enable such party to enter more fully into his case or defence, or for any other cause which the Judge thinks reasonable, upon such' conditions as to the payment of costs and admission of evidence or other equitable terms as to him seems meet. 16 V. c. 177, s. 26,-13, 14 V. c. 53, s. 45,-18 V. c. 125, s. 1, the end. TENDER OR PAYMENT OF MONET INTO COURT. Plea of tender 87. If the Defendant in any action of debt or contract money^iSo"'"'^ brought against him in any Division Court, desires to plead a Court. tender before action brought, of a sum of money in full satis- faction of the Plaintiff's claim, he may do so on filing his plea with the Clerk of the Court before which he is summoned to appear, at least six days before the day appointed for the trial of the cause, and at the same time paying into Court the amount of the money mentioned in such plea, and notice of such plea and payment shall be forthwith communicated by the Clerk of the said Court to the Plaintiff by post (on receiving the neces- sary postage,) or by sending the same to his usual place of abode or business. 16 V. c. 177, s. 27. Amount to be paid to plain- tiff, &c. The rule as to costs in such 88. The said sum of money shall be paid to the Plaintiff, less one dollar, to be paid over to the Defendant for his trouble, in case the Plaintiff do not further prosecute his suit, and all proceedings in the said action shall be stayed, unless the Plaintiff, within three days after the receipt of notice of such payment, signify to the Clerk of the said Court his inten- tion to proceed for his demand, notwithstanding such plea, and in such case the action shall proceed accordingly. 16 V. c. 177, s. 27. 89. If the decision thereon be for the Defendant, the Plaintiff, shall pay the Defendant his costs, charges and expenses, to be awarded by the Court, and the amount thereof may be paid over to him out of the money so paid in with the said plea, or. may be recovered from the Plaintiff in the same manner as any other money payable by a Judgment of the said Court ; but, if the decision be in favor of the Plaintiff, the full amount of the money paid into Court as aforesaid shall be applied to the satisfaction of his claim, and a Judgment may be pronounced; against the Defendant for the balance due and the costs of suit according to the usual practice of the Court in other cases. 16 V. c. 177, s. 27. Defendant may 00. The Defendant may at any time, not less than six day* gaymoneyiuto before the day appointed for the trial, pay into Court such sum; as he thinks a full satisfaction for the Plaintiff'sdemand, together with the Plaintiff's costs up to the time of such payment. 13,- 14 V. c. 53, s. 46. y } 91. 1839. Division Courts. Cap. 19. 1,51 91. The Clerk having received the necessary postage, shall Clerk to give forthwith send nptice of such payment to the Plaintiff by post [JfJJ,^ i°f W' or otherwise to his usual place of abode or of business, and the Court, suna so paid shall be paid to the Plaintiff, and all proceedings, in. the action stayed, unless within three days after the receipt, of the notice, the Plaintiff signify to the Clerk his intention to proceed for the remainder of the demand claimed, in which case the action shall proceed as if brought originally for such remainder only. 13, 14 V. c. 53, s. 46. 92. If the Plaintiff recovers no further sum in the action Plaintiff to pay than the sum paid into Court, the piaintifl' shall pay the De- eoMs?" no*fur- fendant all costs, charges and expenses incurred by him in the ihw sum re- action after such payment, and such costs, charges and expenses '"'vered. shall be duly taxed, and be recovered by the defendant by the same means as any other sum ordered to be paid by the Court. 13, 14 V. c. 53, s. 46. SET-OFF AND STATUTORY DEFENCE. 93. In case the Defendant or Defendants desire to avail them- Defendant to selves of the law of set-off, or of the Statute of Limitations or feroffor^othet of any defence under any. other Statute having. force of lawr in Statmcryde- Upper Canada, they, or one of them, shall,; at least six days "''"=*'• before the trial or hearing, give notice thereof in writing to the Plaintiff, or -leave the same for him at his usual pjace of abode if within the Division, or, if living without the Division, shall deliver the same to the Clerk of the Court in v/hich the action is to be tried, and in case of a set-off, the particulars thereof shall accompany the notice.. 13, 14 V. c. 53, s. 43,-16 V. c. 177, s. 29,~18 V. c. 123, s. 1. , 94. No evidence of set-off shall be given by the Defendant jjo evidence oi except such as contained in the particulars of set-off delivered, set-off allowed. 13, 14 V. c. 53, s. 42. 95. If the Defendant's demand, as proved, exceeds the Plain- Plaintiff niay be. tifPs, the Court may non-suit the Plaintiff; or if the Defend- °ud"gm"em given ant's set-off, after remitting any portion of it he pleases, does fof defendant, not exceed one hundred dollars, the Court may give judgment for the Defendant for the balance found, in his favour. 13, 14 V. c. 53, s. 43. 96. And where a set-off is set up, the judgment of the Cotirt Set-offto be a- thereon, shall be a full discharge, as well of the amount allowed " '*" ^''^^' to be set-off as the amount by which such claim of the De- fendant exceeded one hundred dollars, and the judgment shall be entered accordingly. 13, 14 V. c. 53, s. 43. SUBPCENAS. 97. Any of the parties to a suit may obtain, from the Clerk parties may; of any Division Court in the County, a subpoena with or ob'^'n^ui^-^ without 152 Cap. 19. Division Courts. 22 Vict. peenas from Clerk. Services of subpsena, by whom made. without a clause for the production of books, papers and writings, requiring any witness, resident within the County or served with the subpoena therein, to attend at a specified Court or place before the Judge, or any arbitrator appointed by him under the provision hereinafter contained, and the Clerk, w^hen requested by any party to a suit, or his agent, shall give copies of such subposna. 13, 14 V. c. 53, s. 48, — 16 V. c. 177, s. 5,-18 V. c. 125, s. 3. 98. Any number of names may be inserted in the subpoena, and service thereof may be made by any literate person, and proof of the due service thereof, together with the tender or payment of expenses, may be made by affidavit sworn before any County Judge or the Clerk of any Division Court, or before any person authorized to take affidavits in any of the Superior Courts, and proof of service may be received by the several Judges of the said Courts, either orally or by affidavit. 16 V. c. 177, ss. 6, 33,-13, 14 V. c. 53, s. 48. Penaltyfor 99. Every person served with a copy of a subpoena Mn^or'^*"'^ either personally or at his usual place of abode, and to whom refusing to be at the same time a tender of payment of his lawful expenses sworn. jg naade, who refuses or neglects without sufficient cause to obey the subpoena, and also every person in Court called upon to give evidence, who refuses to be sworn ( or affirm where affirmation is by law allowed) orto give evidence, shall pay such fine not exceeding eight dollars, as the Judge may impose, and shall, by verbal or written order of the Judge, be, in addition, liable to imprisonment for any time not exceeding ten days ; and such fine shall be levied and collected with costs, in the same manner as fines imposed on Jurymen for non-attendance, and the whole or any part of such fine, in the discretion of the Judge, after deducting the costs, shall be applicable towards indemnifying the party injured by such refusal or neglect, and the remainder thereof shall form part of the General Fee Fund. 13, 14 V. c. 63, s. 48. Parties may obtain subpoe- nas from Su- perior Courts. 100. Any party may obtain from either of the Superior Courts of Common Law, a subpoena requiring the attendance at the Division Court, and at the time mentioned in such subpcena, of a witness residing or served with such subpoena in any part of Upper Canada ; and the witness shall obey such subpoena, provided the allowance for his expenses, according to the scale settled in the Superior Courts be tendered to him at the time of service. 16 V. c. 177, s. 5. EVIDENCE AND EXAMINATION OF PARTIES AND WITNESSES. Parties to cause, may be subpoenaed as witnesses. 101. On the hearing or trial of any action or in any other proceeding, the parties thereto and all other persons may be summoned as witnesses and examined either on behalf of the Plaintiff or Defendant, upon oath (or affirmation) to be administered 1859. Division Courts. Cap. 19. 153 administered by the proper officer of the Court ; Provided always that no party to the suit shall be summoned or examined, except at the instance of the opposite party or of the Judge. 13, 14 V. c. 53, s. 81. 103. The Judge holding any Division Court may, when- Judge may re- ever he thinks it conducive to the ends of justice, require the pany to ^ve Plaintiff" or Defendant in any cause or proceeding to be examined evidence. under oath or affirmation, and in any case of debt or contract brought for a demand not exceeding eight dollars in which the Plaintiff gives sufficient evidence to satisfy the Judge that the Defendant has become indebted to such Plaintiff, but the Plaintiff' has not evidence to establish the particular amount, the Court may in its discretion examine the Plaintiff on his oath or affirma- tion, touching the items of such account and give judgment thereon accordingly, and such Judge may also, under like circumstances, examine the Defendant as to the amount of any payment or set-off in any such case, and may give judgment accordingly for such Defendant. 16 V. c. 177, ss. 22, 23. 103. In any suit for a debt or demand, not being for Tort, Judge may re- and not exceeding twenty dollars, the Judge, on being satisfied deneVplalntiffs' of their general correctness, may receive the Plaintiffs' books as ordeiendants' testimony, or in case of a defence of set-off or of payment, so far as the same extends to twenty dollars, may receive the Defen- dants' books, and such Judge may also receive as testimony the affidavit or affirmation of any party or witness in the suit resident without the limits of his County, but before pro- nouncing judgment, the Judge may require ' any such witness or any party in a cause to answer upon oath or affirmation any interrogatories that may be filed in the suit. 13, 14 V. c. 53, ss. 31, 72,— 16 V. c. 177, s. 28. books of ac- count. AFFIDAVITS. 1©4. All affidavits to be used in any of the Division Courts Affidavit may or before any of the Judges thereof, may be sworn before any fore judge, ' County Judge or before the Clerk or Deputy Clerk of any Di- cierk or Com- vision Court, or before any Judge, or Commissioner for taking affidavits in any of the Superior Courts. 13, 14 V. c. 53, ss. 11,88,-16 V.c. 177, .s. 33. 105. In case any person in any examination, wilfully and Wilfully giv- corruptly gives false evidence, or wilfully swears (or affirms) dencej— per- falsely in any matter where an oath, affidavit or affirmation i^^Y- is required or allowed in this Act, he shall be liable to the penalties of wilful and corrupt perjury. 13, 14 V. c. 53, s. 47,-16 V. c. 177, s. 5, latter part. judge's decision. 106. The Judge, in any case heard before him, shall, openly -^^^f^^i^!" in Court and as soon as may be after the hearing, pronounce his 154 Cap. 19. Division Courts, 22 ViGTv Judge may di- reut limes and proportions in whieh judg- ment shall be paid. tanter, or post- his decision, bijt if he is not prepared to pronounce a decision pone judgment, instanter, he may postpone judgment and name a subsequent: day and hour for the delivery thereof in writing at the Clerk's Office ; and the Clerk shall then read the decision to the par- ties or their agents if present, and he shall forthwith enter the judgment, and such judgment shall be as effectual as if render- ed in Court at the trial, 13, 14 V. c. 53, s. 39. 107. The Judge may order the time or times and. the pro- portions in which any .^um and costs recovered by judgmenjL, of the Court shall be paid, reference being had to the day on which the summons was served, and at the request of the= party entitled thereto, he may order the same to be paid into Court, and the Judge, upon the a,pplication of either party, within fourteen days after the trial, and upon good grounds being, shewn, may grant a new tria,l upon such terms as he thinks reasonable and in the mean time may stay proceedings. 13, 14 V. c. 53, ss. 50, 72, 84,-16 V. c. 177, ss. 1 1, 28. Execution not J ©8. Except in cases where a new trial is granted, the is- to be postponed g^g Qf execution shall not be postponed for more than fifty days for more than , . c , . -X ^ ^\. . r ..i 1 50 days, Irom service ol the summons without the consent oi the paity. entitled to the same, but in case it at any time appears to the satisfaction of the Judge, by affidavit or affirmation or otherwise, that any defendant is unable, from sickness or other sufficient cause, to pay and discharge the debt or damages recovered, against him, or any instalment thereof, ordered to be paid as aforesaid, the Judge may suspend or stay any judgment, order or execution given, made or issued in such action, for such time and on sucli terms as he thinks fit, and so from time to, time until it appears by the like proof that such temporary cause of disability has ceased. 16 V. c, 177, s, 28,-13, 14 V, c. 53, ss. 50, 98, ARBITRATION, Judgemyor- 1&9'. The Judge may, in any case, with the consent of refe'rraUoar- '^°'h parties to the suit, or of their agents, order the same, with, bitration. or without Other matters in dispute between such parties, being within the jurisdiction of the Coijrt, to be referred to arbitration to such person or persons, and in such manner and on such terms as he thinks reasonable and just. 16 V. c. 177, s. 4. w'ith jrS°£^'''® 1*0. Such reference shall only be revocable by either party, a^ent. ^ * with the consent of the Judge. 16 V. c. 177, s. 4. 1 1:1. The award of the Arbitrator or Arbitrators or Um- pire shall be entered as the judgment in the cause, and shall, be as binding and effectual, as if given by the Judge. 16 V. c. 177, s. 4. Award to be entere'''<^^soii , <^ , . 1-1 1 *^' deiec'l 111 viction, warrant, precept or other proceeding reiatnig thereto, proceedings. nor shall the party distraining be deemed a trespasser from the Notto betres- beginning, on account of any irregularity afterwards committed passers aM by him, but the person aggrieved by such irregularity may re- ""^"'• cover full satisfaction for the special damage. 13, 14 V. c. 53, s. 79. 193. Any action or prosecution against any person Limitation of for any thing done in pursuance of this Act, shall be com- \'^."°"*, '°'' menced within six months afier the fact was committed, dcr fus Act. and shall belaid and tried in the County where the fact was com- mitted, and notice in writing of such action and of the cause thereof shall be given to the Defendant, one month at least before the commencement of the action. 13, 14 V. c. 53, s. 107. 194. If tender of sufficient amends be made before action Defendant may brought, orif the Defendant afteraction brought, pays a sufficient tender amend.* sum of money into Court with costs, the Plaintiff shall not genera! Lssue, recover, and in any such action the Defendant may plead the >^'^- general issue, and give any special matter in evidence under that plea. 13, 14 V. c. 53, s. 107. And see the Act to protect Justices of the Peace and other officers from Vexatious Actions. PROTECTION or BAILIFF — -COPY OF WARRANT, &C. 195. No action shall be brought against the Bail'ff of a Di- Demand of pe- vision Court or against any person acting by his order and in rusad and copy his aid, for any thing done in obedience to any warrant under be made before the hand of the Clerk and seal of the Court until a written action. demand, signed by the person intending to bring the action, of the perusal, and a co[)y of such Warrant has by such person, his attorney or agent, been served upon, or left at the residence of such Bailiff, and the perusal and copy have been neglected or refused for the space of six days after such demand. 16 V. c. 177, s. 14. 19®. In case, after such demand and compliance therewith by Bailiff entitleiS shewing the warrant to and permitting a copy thereof to be '" wrdiet on taken by the party demanding the same, an action be brought wnrram!'" ° against such Bailiff or other person who acted in his aid for any such cause without making the Clerk of the Court who signed or sealed the warrant a Defendant, then on producing or proving such warrant at the trial, the jury shall give their verdict for the Defendant, notwithstanding any defect of jurisdiction or other irregularity in or appearing by the warrant. 16 V. c. Ill, s. 14. 197. 172 Cap. 19. Division Courts. 22 Vict. If clerk and Bailiffjoint de- fendants, Bail- iff entitled to venlict on pro- ducing "war- rant, and what costs plaintifTs entitled to. Defendant may plead general issue and give the Act in evi- dence. Absconding i W $ cts. 10 7§ 10 20 30 8 10 50 60 10 bDg S '^ m es S X S cts, 15 7§ 10 20 40 8 15 60 50 o bfi 10 $ cts, 15 7§ 15 20 60 8 20 50 50 10 • 18 V. c. 125, s. 5. t 13, 14 V. o. 53, B. 36. t 13, 14 V. c. 53, s. 64. § Note.— In the repealed Tariff the item is 4d. equal to 65 cts., but rendered 7 cts. to avoid the fraction 180 Cap. 19, 20. Division Courts. 22 Vict. C. {See Sec. 199.) County of ) (here insert the County.) ) To A. B., Bailiff of the Division Court of the said County of {or to A. B., a Constable of the County of , as the case may be). You are hereby commanded to attach, seize, take and safely keep all the personal estate and effects of C. D., {naming the debtor,) an absconding, removing or concealed debtor, of what nature or kind soever, liable to seizure under execution for debt within the County of {here name the County) or a sufficient por- tion thereof to secure A. B. {here name the creditor) for the sum of {here state the amount sworn to be due,) together with the costs of his suit thereupon, and to return this warrant with what you shall have taken thereupon, to the Clerk of the {here state the number of the Division) Division Court of the County aforesaid forthwith : and herein fail not. Witness my hand and seal, the day of , one thousand eight hundred and E. F. (L. S.) Judge, Clerk, or Justice of the Peace, {as the case may be.) CAP. XX. An Act respecting the duties of County Attorneys in regard to the General Fee Fund of Local Courts. HER Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows : FEE FUND, County Attor- 1- The County Attorney of every County shall be the neysiobeKe- Receiver of all Fees and Fee Fund moneys from the Regis- Fund'andto trars of the Surrogate Courts and from the County Court and paid 4 per cent. Division Court Clerks in respect to the Surrogate Courts, 20 V. c. 59. County Courts, Division Courts, and Insolvent Debtors' Court, within his County, and he shall be paid four per cent of the gross produce of such Fees and moneys. 8 V. c. 13, s. 61, — 13, 14 V. c. 53, s. 12,-20 V. c. 59, ss. 12, 15,-5, No. 8. County Attor- ® Every County Attorney and every Clerk of a County neysandcierks Court shall give security for the due performance of his office, CourtsVoVve and for the due payment of all moneys received by him by security. " virlue thereof, in such sum, and with so many sureties, and in such manner and form as the Governor directs, and the secu- rities heretofore given shall continue in force and have the same 1&59. County Attorneys, General Fee Fund. Cap. 20. ] g 1 same effect as if given under this Act. 8 V. c. 13, s. 71, — 13, 14 V. e. 53, s. 22,-10 V. c. 59, s. 17. 3. Every County Attorney shall, half yearly, on or before coimty Attor- the first day of July and the first day of January, render to the ney to render Minister of Finance a true account, in writing, of all moneys re- accounts to ceived, and of all moneys disbursed by him on account of the Minister of Fi- County and Division Courts during the period comprised in "ver moneys to such account, in such form, and with such particulars as the Mi- ^^' nisterof Finance from time to time requires ; and he shall, within ten days after the rendering of the account, pay over the amount of any surplus of such fees to the Receiver General ; add in case of default, the amount unpaid shall be deemed a specialty debt to Her Majesty. 8 V. c. 13, s. 65, — 13, 14 V. c. 63, s. 16. 4:. The Proper Officer shall, before the first day of Fe- Proper officer bruary in every year, furnish the Provincial Secretary with a pj.'"™^^^! s ■- statement for the year then last past of the gross amounts re- cretary with a ceived from the Fee Fund in Upper Canada and of the expenses statement of » , ... . /. T • • t CI 1 sums received ot the administration oi Justice paid out oi the same together and expended, with the excess or deficiency (as the case may be), distinguish- ing in such statement the several Cities, Towns, Counties or other Municipalities, from and on account of which such sums were received and paid. 16 V. c. 163, s. 4. 5. The fees and Fee Fund moneys accruing to the General iffeesdonot Fee Fund shall by the County Attorney be applied to defray pay diaburse- the disbursements required on account of the County and Di- Governor may' vision Courts, and to the payment of the salaries, (and when issue vya,rrant allowed, the travelling expenses) of the County Court Judges ; Gcnerat'ibT and in case such fees and moneys prove insufficient to defray deficiency. such disbursements, salaries and allowances during the period comprised in the said account, the Governor may forthwith issue his warrant on the Receiver General in favour of the County Attorney, for the amount required to make up the deficiency, and the same shall be charged upon the Consolidated Revenue Fund. 8 V. c. 13, s. 66,-13, 14 V. c. 53, s. 17,— 20 V. c. 59, s. 16. 6. The Accounts of the General Fee Fund to be kept ^Y comiv Kuoi- the several County Attorneys, shall be deemed public ac- ney's accouHis counts, and shall be inquired into and audited, and shall be ^J^o^'Js'"' within any provision of law for auditing public accounts. 8 V. c. 13, s. 67,-13, 14 V. c. 53, s. 18. 7. If any person having resigned or having been removed Penalty on from the office of County Attorney, or of Clerk of a County or County Aitor- Division Court, neglects after twenty-one days' notice to such cter^tstbr not person, to account for and pay to the County Attorney for the paying over time being, or to such person as he appoints, all such sums as J^s^Xionr remain in his hands, the County Attorney for the time being, removal, &c. may 1 82 Cap. 20. County Attorneys, General Fee Fund. 22 Vict. may, in addition to any other proceeding, in his own proper name only, or by his name and description of office, sue for and recover the same from such person and his sureties with costs of suit, in any Court of Record having competent jurisdiction, by action of debt ; and may declare as for money had and received to his use as such County Attorney. 13, 14 V. c. 53, s. 19,-20 V. c. 69, s. 12. Court in 8. The Court in which the action is brought may, at the in- brought'may" Stance of either of the parties, refer any account in dispute, in a refer account summary manner, to be audited by any officer of the Court or to be audited. Q^her fit person, and he may examine all parties interested in the subject matter upon oath. 13, 14 V. c. 53, s. 19, — 20 V, c. 59, s. 12. Court may ®- The Court, upon the report of the referee, (unless one make a rule for party or the Other shows good cause to the contrary,) may make count on report a rule either for the payment of such sum as upon the report appearing due. appears to be due, or for staying the proceedings in the action, upon such terms and conditions as to the Court appear reason- able ; or the Court may order judgment to be entered up as by confession for such sum. 8 V. c. 13, s. 68,— 13, 14 V. c. 53, s. 19,-20 V. c. 59, s. 12. In case of I®. In case of the resignation or removal from office or in Knatwn^&c ^^^^ ^^ ^^^ death while in office or after resignation or removal ofCounty ' from office of any County Attorney or the Clerk of any County cierkofCounty °'' Division Court, the County Attorney for the time being may, or Division in his own proper name, or by his name and description of «or"mav'su?^' office, sue and recover from the person who so resigned or was removed or from the executors or administrators of the deceased, and from his sureties, all such sums of money as remained in his hands at the time ofhis resignation, removal or death and the same may be recovered by an action of debt in any Court of Record having competent jurisdiction, in which the Plaintiff may de- clare as for money had and received to his use as County At- torney ; and a like action may be brought against any executors or administrators of executors or administrators. 8 V. c. 13, s. 69,-13, 14 V. c. 53, s. 20. In suits against 11. In any such action against executors or administrators, executors or the defendant may plead in like manner, and avail himself of defendant may the like matters of defence, as in an action founded on simple plead. contract of the original testator or intestate. 8 V. c. 13, s. 69,-13, 14 V. c. 53, s. 20. Court mayre- IS. The Court may refer the account in dispute to be audited be audited' '" ^^ any officer or person, and may proceed upon the report of such referee in like manner as in the case mentioned in the eighth and ninth sections of this Act. 8 V. c. 13, s. 69, — 13, 14 V. 0. 63, s. 20. 13. 1859. County Attorneys, General Fee Fund. Cap. 20, 21. J §3 13. In all actions and proceedings by any County Attorney, Proofof Couu- proof of his acting in the office of County Attorney shall be a^warsLh sufficient evidence of his holding such office, unless the con- evidence of his trary be shown. 8 V. c. 13, s. 70,-13, 14 V. c. 53, s. 21, '*°''>'"8 " office. CAP. XXI . All Act respecting the Practice and Procedure in Suits instituted on behalf of the Crown, in matters relat- ing to the Revenue and the repeal of Letters Patent. HER Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows : 1. Every Commission, Extent, Writ, or other Process is- Commissions, sued from either of the Superior Courts of Common Law for ^a*"he i^ued Upper Canada by or on behalf of the Crown, may be tested, and be return- made returnable and be returned on any day certain in Term or i'.'^'*' '" '"^'^°-- lion Vacation to be named in such Commission, Extent, Writ or other Process. 20 V. c. 2, s. 1. 3. At the return of any such Commission, Extent, Writ or Rules may be other Process, the like rules rriay be given, and such other pro- ^^^ ^"^ R''?- ceedings had, and such subsequent Writs and Process is- vacation. sued, at any time in Vacation, as may be given, had or issued in Term time. 20 V. c. 2, s. 1. 3. Every Commission, Extent, Writ or other Process, rule Writs issued in and proceeding, issued or had in Vacation, shall be as valid Vacation as and effectual as if the same had been issued or had in Term. Temlime'" 20 V. c. 2, s. 1. 4. Nothing herein contained shall extend to alter the time Time for filing for filing any pleadings. 20 V. c. 2, s. 1. pleadings, not 5. In case a person enters a claim to any goods seized if goods seized under any Extent, or returned as forfeited (which he may ^^. claimed, the do in Vacation), the further proceedings shall be according pract^celti En- to the ordinary practice of the Court of Exchequer in Enoiand. s'^indto „„ -TT ^ % ^ ^ o govern. 20 V. c. 2, s. 1. 6. In case in any information, action, suit and other legal pro- Aitorney Gen- ceeding before any Court or Tribunal whatever in Upper Canada, '^■'^i ">^y r«'="- 1 n 1 ij "c ..1 /-I • .. /-I I- vcr posts m by or on behalf of the Crown, agamst any Corporation or per- Revenue cases, son, in respect of any lands, tenements or hereditaments, or of any goods or chattels belonging to or accruing to the Crown, or standing or being in the name of Her Majesty, or in respect of any sum of money due and owing to Her Majesty, by virtue of any vote of Paliament for the service of the Crown, or of any Act of Parliament relating to the public Revenue, or in any manner recover oost in Kevenue cases, 184 Cap. 31. Procedure in Crown cases. 22 Vic*. manner whatsoever, judgment be given for the Crown, Her Majesty's Attorney General for Upper Canada may recover costs, in the same manner as and under the same rules, regula- tions and provisions that apply to the payment or receipt of costs in proceedings between Subject and Subject. 20 V. c. 2, s. 2. Defendant may 7. If in any such information, action, suit or other proceed- ing, judgment be given against the Crown, the defendant may recover costs, in like manner and subject to the same rules and provisions as though such proceeding had been had between Subject and Subject ; And the Receiver General shall pay such costs out of any moneys voted by Parliament for that purpose. 20 V. c. 2, s. 2. Superior Courts 8. The JudgeS of the Superior Courts of Common Law in iL^tomake Upper Canada, or any four of them, of whom the Chief Justices rules, &c. shall be two, may make such general rules and orders for the regulation of the pleadings and practice on infomia' tions, suits and other proceedings instituted by or on behalf of the Crown, in Her Majesty's Courts of Common Law in Up- per Canada, and may frame such writs and forms of proceedings, as to them seem expedient. 20 V. c. 2, s. 3. Rules to be laid 9. All such rules, orders or regulations shall immediately menr ^"''*' upon the making of the same be transmitted to the Governor and be by him laid before both Houses of Parliament, if Parlia- ment be then sitting, or, if Parliament be not sitting then, within five days after the next meeting thereof. 20 V. c. 2, s. 3. Not to have 10. No such rule, order or regulation shall have effect until effect for 3 three months after the same has been so laid before both Plouses months alter f, -^ , . tt ^ n laid before Par- ot Parliament. 20 V. C. 2, S. 3. liament. Rules to be 11. Any rule, order or regulation so made, shall, from and binding, &c. j^£^gj. g^^jj tj^je ^ be binding and obligatory on all Courts of Com- mon Law and on all Courts of Error or Appeal into which any Judgment of the said Courts may be carried. 20 V. c. 2, s. 3. The Governor IS. At any time within three months next after such rules, Pariiamlnt"* Orders and regulations have been laid before Parliament, the may suspend Governor in Council, by Proclamation inserted in the CanaM ^""=«- Gazette, or either of the Houses of Parliament, by Resolution passed, may suspend the whole or any part of such rules, orders or regulations ; in either of which cases the whole, or the part thereof so suspended, shall not be binding on the Superior Courts, or on any other Court of Common Law, or Court of Error or Appeal. 20 V. c. 2, s. 3. Court of Chan- IS. Notwithstanding the want of enrolment, it shall be *^7co"urtf X' ^^■^^"1 ^o"" ^^^ Court of Chancery, or either of the Superior Courts issue Wrii'oF of Common Law to issue Writs of Scire Facias to repeal Letters 1859. Procedure in Crown cases. Cap. 21, 22, j §5 Letters Patent, grant or other matter of Record under the Scire Facias Great Seal, in the same manner and under the same restrictions, &e"'®j,™h"""' as near as may be, as such Writs are now issuable from the Court of chan- Court of Chancery in England ; and all the proceedings there- "1^^^ ^"" after shall be, as near as may be, the same as in England. 22 V. c. 97, s. 1. 14. Before the issue of any such writ of Scire Facias^ the Exempiifica- party making application for the same shall, in addition to the Patenl^cTto- Fiai of the Attorney General, file in the Court from which the be filed', and writ is to be issued an exemplification under the Great Seal of f^Jner^toTe*^ the Province of the Letters Patent, grant or other matter of re- obtained iwfore cord upon which the said Writ of Scire Facias is to be founded. ^'■" '*^"*^" 22 V. c. 97,^. 2. ' 15. The Judges of the said Court of Chancery and of the judges to meet said Superior Courts of Common Law, or any six of them, of ^"d make rules whom the Chancellor and the two Chief Justices shall be three, der ihisTct!"' may make such general rules and orders as in their judgment may be necessary or proper for the effectual execution of the two last preceding sections and of the intention and object thereof, and for that purpose may meet from time to time as occasion require.«. 32 V. c. 97, s. 3. CAP. XXII. An Act to regulate the procedure of the Superior Courts of Common Law and of the County Courts. HER Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows : 1. In the Superior Courts of Common I^aw and in the Coun- Process and ty Courts respectively, the process and proceeding shall be as proceedings in follows : ORIGINAL PROCESS. 1. NON BAILABLE. 3. Except in cases where it is intended to hold the Defendant All actions not to special bail, all personal actions including actions by or TOmmeneedbr against Members of both Houses of the Provincial Parliament Summons. and Attorneys at Law brought in the said Courts when the Defendant is residing or supposed to reside within the juris- diction thereof, shall be commenced by Writ of Summons according to the Form A No. I, and in every such Writ and copy thereof, the place and county of the residence or abode or supposed residence or abode of the party Defendant, shall be mentioned. 19 V. c. 43, s. 16,-19 V. c. 90, s. 2,-12 V. c. 66, s. 6. "186 Cap. 22. Common Law Procedure. 22 Vict. 2. BAILABLE. Commftnce- 3. In case any person is to be arrested and held to special wher°[r''''°"~"' '^^^'' *^® process shall be by a Writ of Capias according to the tended to hold Form A No. 2, which Writ shall bear date, be tested and (in sn«'?ffhai'° addition to other indorsements) be endorsed, in the same manner as Writs of Summons, and may be directed to the Sheriff of any County in Upper Canada. 19 V. c. 43, s. 22. special bail. WHO TO ISSUE. Process cieik 4. 1. In the Superior Courts, the Clerk of the Process to issue Writs, shall issue to the parties or their Attoneys all original, and and'theirAttM- Other Writs of Summons and of Capias, and all Writs of neys in To- Replevin issued respectively from the principal office at ronto. Toronto, and shall renew such Writs except Writs of Capias as hereinafter authorized; 19 V. c. 43, s. 4. Deputy Clerk- 2. And the Clerk of the Process and each Deputy Clerk c""tci"'k- °^ ^^^ Crown shall issue Writs for the commencement of the outer Coun- actions, and the Clerks of the County Courts shall issue all si- *'**• milar writs in such Courts respectively ; 19 V. c. 43, s. 4. Wrif? to issue 3. In the Superior Courts, such writs shall be issued alter- '^'^h'c* ^'^'^°'" "^tely one from each of such Courts, and not otherwise, but this shall not affect the issue of concurrent Writs. 19 V. c. 43, s. 4. All Writs to be S. All Writs issued by any of the said Courts shall be under offheC* ^1^"' '■^^ ®®^^ thereof, and in the Superior Courts shall be tested in the andtested, &e. name of the Chief Justice, and in the County Courts in the name of the Judge thereof, or in case of the death of such Chief Justice or Judge, then in the name of the Senior Judge in the Superior Courts and of the Junior or acting Judge in the County Courts for the time being. 19 V. c. 43, s. 4, — 19 V. c. 90, s. 4. Office from 6. The Process Clerk and each Deputy Clerk of the Crown to'be''noSdf ^^^ ^^® Clerk of each County Court, shall note in the margin of the margin'. every Writ issued by him, from what office and in what County the Writ issued, and shall subscribe his name thereto. 19 V. c. 43, s. 20,-19 V. c. 90, s. 4. Proper office ^' ^^ cases in the Superior Courts in which the cause of for taking out action is transitory, the Plaintiff may sue out the Writ for the sitory actions" Commencement of the action from the ofl[ice of the Clerk of eitherof the said Superior Courts, or from the office of any of the Deputy Clerks of the Crown, and in like cases in a County Court the Writ may be sued out from any County Court having jurisdiction over the cause of action. 19 V. c. 43, s. 6, ai^ c. 90, s. 5. 8. 1859. Common Law Procedure. Cap. 22. 1 87 8. When the cause of action is local, the Writ for the com- When vfime mencement of the action must be sued out from the office within ''"^^'^ the proper County, and all proceedings to final judgment in actions whether transitory or local, shall be carried on in the office from which the first process issues. 19 V. c. 43, s. 7, und c. 90, s. 5. WRIT OF SUMMONS. 9. It shall not be necessary to mention any form or cause Form of action of action in any Writ of Summons or in any notice thereof, ""^flq""' '"' 19 V. c. 43, s. 17. 10. Every such Writ shall contain the names of all the De- To contain the fendants in the action, and of no other Defendant. 19 V. fu^™f„l,"lf" . „ _ „ ' the parties. c. 43, s. 18. 11. Every such Writ shall bear date on the day on which the Tobedatedthe same issues. 19 V. c. 43, s. 9. day of issue. IS. Every such Writ shall be indorsed with the name and And endorsed place of abode of the Attqrney actually suing out the same, and with the name when he sues out the same as agent for another Attorney, the the plaintiffs, name and place of abode of such other Attorney shall also be Attorney and indorsed thereon. 19 V. c. 43, s. 21. '^^™'- 13. When the Writ is sued out by the Plaintiff in person. When sued out he shall indorse thereon a memorandum expressing that the sonojed"&c. same has been sued out by him in person, and mentioning the City, Town, incorporated or other Village or Township within which such Plaintiff resides. 19 V. c. 43, s. 21. 14:. The Plaintiff's Attorney, or the Plaintiff, if he sues The amount of in person, shall endorse on every such Writ issued for the fo^be'rajoree'™ payment of a debt, and upon every copy thereof, the amount of on Wnt— It the' Plaintiff's claim for debt, and if there be an Attorney, the Jayl'^roi^ed- Attorney's claim for the costs of Writ, copy and service, and ingstostop. attendance to receive debt and costs, and, that upon payment thereof within eight days, to the Plaintiff or his Attorney, as the case may be, further proceedings will be stayed, which indorsement shall be written or printed in the following form, or to the like effect : " The Plaintiff claims % for debt, and $ for costs ; Form. " and if the amount thereof be paid to the Plaintiff or his Attorney " within eight days from the service hereof, further proceedings " will be stayed ;" But the Defendant may, notwithstanding such payment, have the costs taxed, and if more than one sixth be disallowed, the Plaintiff's Attorney shall pay the costs of taxation. 19 V. c. 43, s. 36. 15. 188 Cap. 22. Common Law Procedure. 32 Vic^. In demands for 1*5. In all cases where the Defendant resides within the Bumf^certain Jurisdiction of the Court, and the claim is for a debt or liqui- pariicuiars may dated demand in money, with or without interest, arising upon ^^Writ!*** °" a contract express or implied, as for instance, on a Bill of Exchange, Promissory Note or Cheque, or other simple con- tract debt, or on a bond or contract under seal for payment of a liquidated amount of money, or on -x statute where the sum sought to be recovered is a fixed sum of money or in the nature of a debt, or on a guarantee whether under seal or not, where the claim against the principal is in respect of such debt or liquidated demand, bill, note or cheque ; — The PlaintiiF may make upon the Writ of Summons and copy thereof, a special indorsement of the particulars of his claim, in the Form A No further par- jVq. 5^ q,- to the like effect ; and when the Writ has been so in- given unieaa dorsed, the indorsement shall be considered as particulars of ordered, demand, and no further or other particulars need be delivered unless ordered by the Court or a Judge. 19 V. c. 43, s. 41. Writs issued jg. The Writ of Summons, whether issued by one of the Courts may be* Superior Courts or by any County Court, may be served in any jerved in any County in Upper Canada, and the service thereof, whenever practicable, shall be personal; but the Plaintiff may on affidavit from time to time apply to the Court out of which the Writ issued, or to a Judge having jurisdiction over the case, and if it appears to such Court or Judge that reasonable efforts have been made Ifserriceevad- to effect personal service, and either that the Writ has come to e^ how plain- tjjg knowledge of the Defendant, or that he wilfully evades ser- tiff to proceed. ./•! ii ii "^i.-. Vice oi the same, and has not appeared thereto, such Court or Judge may by order grant leave to the Plaintiff to proceed as if ' personal service had been effected, subject to such conditions as to the Court or Judge seem fit. 19 V. c. 43, ss. 31, 34. Service on 1 7. Every such Writ issued against a Corporation aggregate, kow efeited' ^"*^ ^° ^^^ absence of its appearance by Attorney, all papers and proceedings in the action before final judgment may be served on the Mayor, Warden, Reeve, President, or other head Officer, or on the Township, Town, City or County Clerk, or on the Cashier, Manager, Treasurer or Secretary, Clerk or Agent of such Cor- poration, or of any branch or agency thereof in Upper Canada;, and every person who, within Upper Canada, transacts or carries on any of the business of, or any business for any Cor- poration whose chief place of business is without the limits of Upper Canada, shall, for the purpose of being served with a Writ of Summons issued against such Corporation, be deemed the agent thereof. 19 Y. c. 43, s. 33,-3 W. 4, c. 7, s. 1. Time of delive- 18. Upon the delivery of the Writ of Summons at the office of Sherirs office ^°y Sheriff to be served by him, he, his Deputy or Clerk, shall to be endorsed, endorse thereon the time it was so delivered, and in case the Writ is not fully and completely served within fifteen days after such delivery, the Plaintiff, his Attorney or Agent, shall be entitled to receive back the same, and such Sheriff, Deputy Sheriff 1859. Common Law Irocedure. Cap. 22. 139 Sheriff or Clerk shall endorse thereon the time of such re- delivery, and in the taxation of costs, the costs of the mileage and service of such Writ by any literate person afterwards, shall be allowed as if the same had been served by the Sheriff or his officer ; and if such Sheriff neglects or refuses if not served to return any such Writ after the expiration ofthe said fifteen days, wi'iun^'eeu 1 ni ■ ■ ?T- • T-v 1 • ' ITT ■ 1 osys may be the rlamtili may issue a Duplicate, or concurrent Writ on the withdrawn aud Praecipe already filed, and the costs of the first or other Writ f^i ved by any^ not returned may be charged against and recovered from the *'" said Sheriff by the Plaintiff or his Attorney. 16 V. c. 175, ss. 13, 14,— Sec 20 V. c. 57, s. 28. 19. The person serving such Writ shall, within three days Time of service next after such service, indorse thereon tlie day of the week and "^dOTsl^Jhreo ofthe month ofthe service thereof, otherwise the Plaintiff shall days after ser- not be at liberty in case of non-appearance to proceed under ^'''^• this Act ; and every affidavit of service of such Writ shall mention the day on which such indorsement was made, and in the taxation of costs no fees shall be allowed for the mileage or service of the Writs unless served and sworn in the affida- vit of service to have been served by the Sheriff, his Deputy or Bailiff being a literate person, (or by a Coroner when the Sheriff is a party to the suit,) except as provided in the last preceding section of this Act. 19 V. c. 43, s. 32, — 20 V. c. 57, 8. 28. 30. The Plaintiff in any action may, at any time during six Concurrent months from the issuing ofthe original Writ of Summons, sue out ^^'^^*^ ** from the office whence the same issued, one or more concurrent Writ or Writs of the same kind to be tested ofthe same day as the original Writ, and to be marked by the Clerk or Deputy Clerk of the Crown or Clerk ofthe County Couft issuing the same with the word concurrent in the margin, with the memo- randum required by the sixth section of this Act ; but such concurrent Writ or Writs shall only be in force for the period during which the original Writ continues in force. 19 V. c. 43, s. 27. 91. No original Writ of Summons shall be in force for more Within what than six months from the day of the date thereof inclusive ; but if Jj^'^Jst^ served. any Defendant therein named has not been served therewith, the ace. original or any concurrent Writ may at any time before its ex- piration be renewed for six months from the date of such renewal, Renewing and so from time to time, during the currency ofthe renewed ^'^^• Writ, by being marked in the margin, with a memorandum to the effect following : " Renewed for six months from the day of ," signed by the Clerk or Deputy Clerk of the Crown or Clerk of the County Court who issued the Writ, or his successor in office, upon delivery to him by the Plaintiff or his Attorney, of a Frcecipe, in the form formerly required to be delivered upon the obtaining of an Alias Writ ; and the Writ so renewed, shall remain in force and be available to 190 Cap. 22. Common Law Procedure. 22 Vict. Effect of re- to prevent the operation of any Statute whereby the time for the staTute^oi Li- commencement of the action may be limited, and for all other nutations. purposes, from the date of the issuing the original Writ. 19 V. c. 43, s. 28. Memorandum S3. The production of the Writ of Summons with the memo- ^fficiem^e'v?-'^^ randum signed shewing such Writ to have been renewed, shall denoe thereof, be sufficient evidence of its having been so renewed, and of the commencement of the action as of the first date of such renewed Writ. 19 V. c. 43, s. 30. WRITS OF CAPIAS. Writs of Capioi S3. No Writ of Captos shall be in force for more than two two^inonSir months from the day of the date thereof inclusive ; nor shall and not renew- any such writ be renewed, but on the expiration thereof a new ^'''®' order may be obtained in the manner directed by the Con- solidated Statute for Upper Canada respecting " Arrest and Imprisonment for Debt." 22 V. c. 96, ss. 7, 5. (1858.) Date of. S4:. Every such Writ shall bear date on the day on which the same issues. 19 V. c. 43, s. 19. Indorsation on. S5. Every such Writ shall be indorsed with the name and place of abode of the Attorney actually suing out the same, and when he sues out the same as agent for another Attorney, the name and place of abode of such other Attorney shall also be indorsed thereon. 19 V. c. 43, s. 21. It sued out in 26. When the Writ is sued out by the Plaintiff in person, person. he shall indorse thereon a memorandum expressing that the same has been sued out by him in person, and mentioning the City, Town, incorporated or other Village or Township within which such Plaintiff resides. 19 V. c. 43, s. 21. Concurrent ^7. Concurrent Writs of Capias may be issued from time to Writs of Capias time in like manner and form as the original Writ in the action, and shall only be in force for the same period as such original Writ, and no longer. 19 V. c. 43, s. 27. Copies, &c., to ®S- Every Writ of Capias, and so many copies thereof as be served. there are persons intended to be arrested thereon or served therewith, together with every memorandum or notice sub- scribed thereto and all indorsements thereon, shall be delivered with the original Writ to the Sheriff or other officer to whom such Writ is directed and who has the execution and return thereof, and the Plaintiff or his Attorney may order such Sheriff or officer, to arrest one or more of the Defendants therein named, and to serve a copy thereof on one or more of the others, ■which order shall be duly obeyed by such Sheriff or officer. 19 V. c. 43, s. 22. 29. 1859. Common Law Procedure. Cap. 22. 1 9 ^' 29. Such Sheriff or officer shall, within two months Sheriff to exe- from the day of the date of the Writ of Capias, but not '^"'^ ^"^1° , 1 •' , ,. 1 ■ 1 c tw months alterwards, execute the same according to the exigency thereot, from date. and shall upon or immediately after the execution of such process cause one copy thereof, and of the memorandums and indorsements thereon, to be delivered I0 every person upon whom he executes the same whether by service or arrest. 30. Such service shall be of the same force and effect as the Service equiva- service of the Writ of Summons hereinbefore mentioned ; and oTwrits 07*^° subsequent proceedings whether after an arrest and service or Summons. service only, shall, in all the Courts, be according to the practice in force in the Superior Courts of Common Law in like cases. 19 V. c. 49, s. 22,--22 V. c. 96, s. 5. 3 1 . Any person arrested upon any writ of Capias issued out Defendant may- of either of the Superior Courts of Common Law, may apply apply to a Jud- at any time after his arrest to the Court in which the action Charged from has been commenced, or to a Judge of one of such Courts, for custody. an order or rule on the Plaintiff, to show cause why the person arrested should not be discharged out of custody ; and such p^^^^ ^j Court or Judge may make absolute or discharge any such order Judge. or rule and direct the costs of the application to be paid by either party, or make such other order therein as to such Court or Judge may seem fit ; but any such order made by a Judge may be discharged or varied by the Court on application by either party dissatisfied with such order ; and the Judge, or court may dis-- acting Judge of a County Court making any order to hold to charge or vary bail, whether in one of the Superior Courts or in his own Court ■'"^s^^'s order.. shall, in respect to such order, the Writ of Capias thereon issued, and the arrest made thereupon, possess all the powers given to a Judge of either of the said Superior Courts under this Section, and may in like manner, on application to him, order the Defendant to be discharged out of custody, direct the costs of the application to be paid by either party, or make such order therein as to such County Court Judge seems fit. 22 V. c 96, ss. 8, 10. BAIL. S2. If ahy Defendant be taken or charged in custody Declaration upon any such process, and imprisoned for want of sureties for ^X, wbln> his appearance thereto, the Plaintiff may, before the end of the defendantu next term after the arrest of the Defendant, declare against '"am rf"baU°' him and proceed thereon, in the manner and according to the directions contained in the one hundredth and one hundred and thirty-second rules of the Superior Courts of Common Law, made in Trinity Term, in the twentieth year of Her Majesty's Reign. 19 V. c. 43, s. 22. 33. The Sheriff to whom a Capias, issued out of a County c"„^"co^°^' Court is directed, shall take bail from any Defendant arrested ""^ y ^ «>■ thereon. 192 Cap. 22. Common Law Procedure. 22 Vict. the Sheriff to take bail frgm persons arrest- ed and assign bail bond, &c. Special bail may be entered according^ to the form of practice after which plaintiff may proceed as upon a Writ of Summons. thereon, and if required shall assign the bail bond in like manner as the law directs in cases where like process is issued from one of the Superior Courts of Common Law, and such assignment shall have the same effect as if the Writ had issued from one of the said Superior Courts. 8 V. c. 13, ss. 21, 26. 34. Special bail may be put in and perfected according to the established practice ; and after special bail has been so put in, the Plaintiff may, by filing a declaration or otherwise, proceed to judgment, in like manner as if the action had been com- menced by Writ of Summons and the Defendant had appeared thereto. 19 V. c. 43, s. 24,-8 V. c. 13, s. 23,--22 V. c. 96, s. 3. Condition of recognizance of bail. Wovi bail may justify. And order for allowance to issue. 35. The condition of the recognizance of special bail shall be, that, if the Defendant be condemned in the action at the suit of the Plaintiff, he will satisfy the costs and con- demnation money, or render himself to the custody of the Sheriff of the County in which the action against such Defen- dant has been brought, or that the cognizors will do so for him, 8 V. c. 13, s. 26,-2 G. 4, c. 1, s. 11. 36. Upon due notice given to the Plaintiff or his Attorney, and upon production of the bail piece, and whether the Defendant is detained in custody or not, bail may justify (either in term time or in vacation) before any Judge of the Court in which the action is pending, and such justification and the opposing thereof may be by affidavit or affirmation without the attendance of the bail in open Court or before such Judge, unless specially required by such Court or Judge, and such Court or Judge may thereupon order a rule to issue for the allowance of such bail and for the discharge of the De- fendant (if in custody) by a Writ of Supersedeas. 2 G. 4, c. 1, ss. 13, 41,-4 W. 4, c. 5, s. 2. Bail may stir- 37. Special bail, on production of a copy of the bail "^rhlcT alto the P^®'^^ ^^^^^^^"^ "^y the Clerk of the Court having the custody IherT of a°ny ^ thereof, may surrender their principal to the Sheriff of the County, (kc. County in which such principal is resident or found, and such Sherifl' shall receive such principal into his custody and give such bail a certificate under his hand and seal of office of such surrender, for which certificate the Sheriff shall be entitled to the sum of one dollar, and any Judge of the Court in which the action is pending, upon proof of due notice to the Plaintiff or his Attorney of such surrender, and upon production of the Sherift's certificate thereof, shall order an Exoneretur to be entered on the bail piece, and thereupon the bail shall be dis- charged. 8 V. c. 13, s. 27,-4 W. 4, c. 5, s. 1,-2 G. 4. c. 1, s. 12. SuQh surrender 38. In cases where such surrender is made to any other nottoatiectthe Sheriff than the Sheriff of the County specified in the condition venue, ■/ r of 1859. Common Law Procedure. Cap. 22. jgg of the recognizance of bail, the PlaintifT shall not be compelled to change the venue or to conduct his suit in any manner different from that which he would have been required to do, had the render been made to such last mentioned Sheriff. 8 V. c. 13, s. 27,-4 W. 4, c, 5, s. 1. 39. In case a person is surrendered by his bail to the She- pei-son arrested riffs of any County other than that in which he resided or°"'°''his carried on business at the time, such person shall be entitled transferred to itt to be transferred to the gaol of his own County on prepaying paying the the expense of his removal ; and the Sheriff in whose County *^°°'*' « ' he was arrested may, if he is satisfied of the facts, transfer him accordingly ; but if the Sheriff declines to act without an order of the Court or a Judge, such an order shall be made on the application of the prisoner and notice to the opposite party. 22 V. c. 33, s. 9, (1859.) 40. In case (in any action in a County Court) the Defen- in cases in a dant has been surrendered by his bail into the custody of the t'ounty po"!*' Sheriff of a County other than that in which the action has been pr^eed when" instituted, the Plaintiff may charge the Defendant in execution, Sefendant sur- and take all other necessary proceedings in like manner as coumy im- if the suit had been instituted in one of the Superior Courts, fent from that 4W4p«isS '" ^^^"'^'^ "'^ "* »T . '±, (.. v>, o. «^. action was brought. 41. A recognizance of bail taken in a County Court may Keoognizance be entered of Record in such Court, and an action of debt ofbaiiinCoun- or Scire Facias shall lie thereupon in such Court as in similar be^ecordedand cases in the Superior Courts, and in cases in the County proceeded upoa Courts the Judges thereof may grant the same remedies to the ™ '/n th? su-*"^ Plaintiff against the Sheriff or Sheriff's Bail or the Bail to the perior Courts, action, and afford relief to the Defendant, Sheriff or Bail in like manner and form as might be done by either of the Superior Courts, had the action been instituted in such Court. 8 V. c. 13, ss. 27, 50,-12 V, c. 66, s. 7. 43. The Plaintiff, after the commencement of any action by Plaintiff may Writ of Summons but before Judgment in such action, upon ob- ^n^^e^iTcSe taining a Judge's order for that purpose, in the manner provided after commen- for in the fifth section of the Act respecting arrest and imprison- ^jft'of s"" ^"^ ment for debt, may sue out of the office whence such Summons mens; affidavit issued a Writ of Capias, and one or more concurrent Writs ; and ''equifed. such Writ of Capias shall, in every such case, notwithstanding Writ to issue the fourth section of this Act, number three, be issued by the from the same Court out of which the original Writ in the cause was issued, and original Writ, shall be in the form (A) No. 6, and may be directed to the Sheriff Form of Writ of any County in Upper Canada, and so many copies of such to whom di- Writ, with every memorandum or notice subscribed thereto, reoted. and all endorsements thereon as there may be persons intended to copies. be arrested thereon, shall be delivered with such writ to the Sheriff or other Officer Who may have the execution or return thereof, and such Sheriffor Officer shall immediately upon, or after M the 194 Cap. 22. Common Law Procedure. 22 Vict, One copy to be the execution thereof, cause one such copy to be delivered to every eacrpersln on Person upon whom such process may be executed by him, and ■whom the shall, within three days at farthest after such execution, indorse Writ IS execu- ^pon guch Writ the true day of the execution thereof; and the proceedings in any such action may be carried on to Judgment without regard to the issuing of such Capias or to any proceed- Costs. ings in any way arising from or dependent thereon ; and on en- tering Judgment, the Plaintiff shall be entitled to tax the costs of such Writ or Writs oi Capias and the proceedings thereon, in like manner as if the suit had been originally commenced by Capias, together with the other costs incurred and taxable in the cause. 8 V. c. 13, s. 27,-19 V. c. 43, s. 42,-22 V. c. 96, s. 4. ABSENTEES. Summons to parly b^ing a Sritii^h subject residing out ol the juridiction of the said Courts. 43. In case any Defendant being a British subject, is residing out of Upper Canada, the Plaintiff may issue a Writ of Summons in the form (A) No. 3, which Writ shall bear the fori purporting that such time for distance indorsement contained in the said Writ is for service out of Upper Canada, and the Service tliereof, appearance by the Defendant shall be regulated by the &c. ' from Upper Canada of the place where the Defendant is residing, having due regard to the means of, and necessary time for postal or other communication. 19 V. c. 43, s. 35. If service made or cannot be made after due diligence. Older in such case by the Court or a Jud- ge on affidavit. Plaintiff must j)roye his case If the defendant he not a British subject. 44. Upon the Court or Judge being satisfied that there is a cause of action which arose in Upper Canada, or in respect of the breach of a contract made therein, and that the Writ has been personally served upon the Defendant, or that reasonable efforts have been made to effect personal service thereof upon the Defendant, and that it came to his knowledge, and either that the Defendant wilfully neglects to appear to such Writ, or that he is living out of Upper Canada, in order to defeat or delay his creditors, such Court or Judge may from time to time direct that the Plaintiff shall be at liberty to proceed in the action in such manner and subject to such conditions as to such Court or Judge (having regard to the time allowed to the Defendant to appear being reasonable and to the other circumstances of the case) may seem fit ; but the Plaintiff, before obtaining Judgment, shall prove the amount of the debt or damages claimed by him in such action, either before a Jury on an assessment in the usual mode, or by reference in the manner hereinafter provided, according to the nature of the case, as such Court or Judge may direct. 19 V. c. 43 s. 35. 45. In any action against a person residing out of Upper Canada and not being a British subject, the like proceedings may be taken as against a British subject resident out of Upper Canada, except that the Plaintiff shall, instead of the Sum- mons mentioned in the forty-third Section, issue a Writ of Summons according to the form (A) No. 4, and shall in manner aforesaid serve a notice of such last mentioned Writ upon the Defendant, 1859. Common Lavi Procedure. Cap. 22. J 95 Defendant, which notice shall be in the form also con- tained in the said form No. 4 ; and such service or reasonable efforts to effect the same, shall be of the same force and effect as the service or reasonable efforts to effect the service of a Writ of Summons in any action against a British subject resident abroad, and by leave of the Court or a Judge, upon , their or his being satisfied by affidavit as aforesaid, the like proceedings may be had and taken thereupon. 19 V. c. 43, s. 36. 4®. A Writ for service within the Jurisdiction may be Certain Wnt* issued and marked as a concurrent Writ with one for service ™^J^^^^^ out of the Jurisdiction, and a Writ for service out of the Juris- diction may be issued and marked as a concurrent Writ with one for service within the Jurisdiction. 19 V. c. 43, s. 39. 47. Any affi.davit for the purpose of enabling the Court or Affidavits /or a Judge to direct proceedings to be taken against a Defendant ®°^]^""f f™(l residing out of Upper Canada, may be sworn before the taicen against Chief Justice or Judge of any Court of Superior Jurisdiction a party out of in the Country wherein the Defendant may reside or be served, before wtom to or before the Mayor or Chief Magistrate of any City, Town '"' ™*<'''' or place wherein the Defendant may reside or be served, or before any Consul General, Consul, Vice-Consul or Consular Agent for the time being appointed by Her Majesty at any foreign port or place at or near which the Defendant may reside or be served ; and saving all just exceptions, every affidavit so sworn may be used and shall be admitted in evidence, pro- vided it purport to have been sworn before such Chief Justice, Judge, Mayor or Chief Magistrate, Consul General, Consul, Viee-Consul or Consular Agent. 19 V. c. 43, s. 40. MISCELLANEOUS PROVISIONS RESPECTING WRITS, &C. 48. If the Plaintiff or his Attorney omits to insert in or to Amendment if indorse on any Writ or copy thereof, any of the matters the plaintiff required by this Act to be inserted therein or indorsed thereon, "Cig kftlie ia- such Writ or copy shall not on that account be held void, but dor.«ementonor it may be set aside as irregular, or be amended upon application "^ ' "^ " ' made to the Court out of which the sam,e issued, or to a Judge, and such amendment may be made upon any applica- tion to set aside the Writ, upon such terms as to the Court or Judge seems fit. 19 V. c. 43, s. 37. 49. If any one of the forms of Writs of Summons in the Amendment if Forms (A) respectively Nos. 1, 3 and 4, has by mistake or ^fbTsub- inadvertenee been substituted for either of the others, such mis- stituted by error take or inadvertence shall not be an objection to the Writ or any ^°'' ^n°"'«''. other proceeding in such action, but upon an ez parte application to a Judge, whether before or after an application to set aside the Writ or any proceeding thereon, and whether the same or notice thereof has been served or not, the Writ may be amended by such Judge without costs. 19 V. c. 43, s. 38. m2 50. 196 Cap. 22. Common Law Procedure. 22 Vict. Attorney whose name is endoiTsed on the Writ, to deciare whe- ther he sued it out, and if so, plaintiff's name &c., if so or- dered. Proceedings stayed if he de- clares he did not st:e it out. 50. Every Attorney whose name is endorsed on any Writ issued for the commencement of any action, shall, on demand in writing made by or on behalf of any Defendant, declare forthwith whether such Writ has been issued by him or with his authority or privity, and if he answers in the affirmative, then he shall also, in case the Court or a Judge so directs, de- clare in writing within a time to be limited by such Court or Judge, the profession or occupation and place of abode of the Plaintiff, on pain of being guilty of a contempt of the Court from which such Writ appears to have issued ; and if such Attorney declares that such Writ was not issued by him or with his authority or privity, all proceedings upon the same shall be stayed, and no further proceedings shall be taken thereon without leave of the Court or a Judge. 19 V. c. 43 s. 25. APPEARANCE. Defendant may appear at any time before judgment. His position. 51. The Defendant may appear at any time before Judg- ment, and if he appears after the time specified either in the Writ of Summons or in the warning indorsed on any Writ of Capias served on him, or in any rule or order to proceed as if personal service had been effected, he shall, after notice of such appearance to the Plainliff or his Attorney, be in the same position as to pleadings or other proceedings in the action as if he had appeared in time ; but a Defendant ap- pearing after the time appointed by the Writ, shall not be entitled to any further time for pleading or for any other proceed- ing than if he had appeared within such appointed time ; and if the Defendant appears after the time appointed by the Writ, and omits to give such notice of his appearance, the Plaintiff may proceed as in case of non-appearance. 19 V. c. 43, s. 62. Defendant ap- 52. Every appearance by the Defendant in person shall ^n?o|ive an" g^"^^ ^"^ address at which all pleadings and other proceedings adcb-ess. not requiring personal service may be left for him, and if such address be not given, the appearance shall not be received, and Where plead- if an illusory or fictitious address be given, the appearance shall be served. be irregular and may be set aside by the Court or a Judge, and the Plaintiff may, by the Court or Judge, be permitted to pro- ceed by sticking up the proceedings in the office from whence the Writ was sued out. 19 V. c. 43, s. 63. Mode and form of appearance. 53. The mode of appearance to every such Writ of Sum- mons under the authority of this Act, shall be by filing with the proper officer in that behalf, a memorandum in writing ac- cording to the following form, or to the like effect : A.B., Plaintiff, against C. D., Defendant, ' or against CD., and another or against C. D., and others. The Defendant, C. D. appears in person or E.F. Attorney for C, D. appears for him. 1859. Common Law Procedure. Cap. 22. ] 97 {If the Defendant appears in person, here give Ms address.) Entered the day of , A. D., one thousand eight hundred and . 19 V. c. 43, s. 64. 54. In no case shall it be necessary for the Plaintiff to enter Plaintiff need an appearance for the Defendant. 19"V. c. 43, s. 39. peLTiJce for" delendant. 55. In case of non-appearance by the Defendant where the Proceedings on Writof Summons has been indorsed in the special form hereinbe- non appear- fore provided, and in case the Plaintifl files the Writ of Summons, ant on Writ and an affidavit of personal service thereof, or in case of service specially en- on a corporation, files an affidavit of service in the manner in this Act authorized for service on corporations, or files a rule of Court, or a Judge's Order for leave to proceed under the pro- visions of this Act, such Plaintiffmay at once sign final judgment signing . Uulg- in the form (A), No. 7, for any sum not exceeding the sum indorsed ment. on the Writ, together with interest to the date of the judgment, and costs to be taxed in the ordinary way, and no proceeding in Error or Appeal shall lie on any such Judgment ; and the Execution. Plaintiffmay, at the expiration of eight days from the last day for appearance and not before, issue execution upon such judgment ; but the Court or a Judge may, after final judgment. Defendant may let in the Defendant to defend, upon an application supported f^f Jf"" '°''®" by satisfactory affidavits accounting for the non-appearance and disclosing a defence upon the merits. 19 V. c. 43, s. 60. 56. In case of such non-appearance where the Writ of Sura- ^nd ifthe Writ mons has not been indorsed in the special form hereinbefore pro- benotsospe- vided, andincase the Plaintiff files the Writof Summons, and an ''''' ^ '" ""^^"^ * affidavit of personal service thereof, or in case of service on a corporation, files an affidavit of service in the manner in this Act authorized for service on corporations, or files the Writ of Summons and a Judge's Order for leave to proceed under the provisions of this Act, such Plaintiff may file a declaration Declaration. indorsed with a notice to plead in eight days, and in default of a Signingjudg- Plea may sign judgment by default at the expiration of the ""^"'" time to plead so indorsed. 19 V. c. 43, s. 61. 57. In case the cause of action mentioned in the declara- Execution. tion is for any of the claims which might have been inserted in the special indorsement on the Writ of Summons, and in the event of no plea being filed and served, the Judgment shall be final, and execution may issue for an amount not ex- ceeding the amount indorsed on the Writ of Summons with interest and costs ; but in such case the Plaintiff shall not be Costs. entitled to more costs than if he had made such special indorse- ment and signed judgment upon non-appearance. 19 V. c. 43, s. 61. 38. All the proceedings which are mentioned in any Writ of At what time Summons or Capias, ot notice or warning thereto or thereon, certain pro- issued, 198 ceedings may be taken if de- fendant do not appear. Holy-days. Cap. 22. Common Law Procedure. 22 Vict. issued, made or given by authority of this Act, may, (in default of a Defendant's appearance or putting in special bail) be had and taken at the expiration of ten days from the service or execution thereof, whatever day the last of such ten days may be and whether in term or vacation ; but if the last of the ten days be Sunday, Christmas Day or Good Friday, then the following day, or the following Monday when Christmas Day falls on a Saturday, shall be considered as the last of such ten days. 19 V. c. 43, s. 65. Long vacation. 59. If such Writ be served or executed on any day be- tween the first day of July and the twenty-first day of August, special bail may be put in by the Defendant on bailable process, or appearance may be entered by the Defendant on process not bailable, at the expiration of such ten days. 19 V. c. 43, s. 65. Procpedinf s if some oi the de- fendants appear and others do not, the Writ being specially indorsed. Proceedings to be carried on in office whence Writ issues, &d. Service of pa- pers, &c. Misnomer not to be pleaded 60. In any action brought against two or more Defendants when the Writof Summons has been indorsed in the special form hereinbefore provided, if one or more of such Defendants only appear and another or others of them do not appear, the Plain- tiff may sign Judgment against such Defendant or Defendants only as have not appeared, and before declaration against the other Defendant or Defendants, may issue execution upon such Judgment, in which case he shall be taken to have abandoned his action against the Defendant or Defendants who have ap- peared ; or the Plaintiff may, before such execution, declare against such Defendant or Defendants as have appeared, stating by way of suggestion the Judgment obtained against the other Defendant or Defendants who have not appeared, in which case the Judgment so obtained against the Defendant or Defendants who have not appeared, shall operate and take effect in like manner as a Judgment by default obtained before the commencement of this Act against one or more of several Defendants in an action of debt. 19 V. c. 43, s. 66. 61. The service of all papers and proceedings subsequent to the service of the Writ, shall be made upon the Defendant or his Attorney, according to the established practice, unless special provision is otherwise made in this Act, and if the At- torney of either party do not reside or have not a duly authorized agent residing in the County wherein the action has been commenced, then service may be made upon the Attorney wherever he resides, or upon his duly authorized agent in Toronto, or if such Attorney have no duly authorized agent there, then service may be made by leaving a copy of the papers for him in the office where the action was commenced, marked on the outside as copies left for such Attorney. 19 V. c. 43, s. 9. MISNOMER AND JOINDER OF PARTIES TO ACTIONS. 63. No plea in abatement for misnomer shall be allowed in any personal action, but in cases of misnomer, the Defendant may, 1859. Common Law Procedure. Cap. 22. J99 may, upon a Judge's summons founded on an affidavit of the in abatement, right name, cause the declaration to be amended at the costs amended at of the Plaintiff, by inserting the right name ; and in case such costs of plain- summons be discharged, the Judge may order the party apply- 'jf'ssuminons. ing therefor, to pay the costs of the application. 7 W. 4, c. 3, s. 8. 63. The Court or a Judge may at any time before the trial of (.^^^.^ ;„ a caiise, order that any person or persons not joined as Plaintiff certain cases, or Plaintiffs in such cause, shall be so joined, or that any per- ^oHoUied^"'/ son or persons originally joined as Plaintiff or Plaintiffs shall be plaintiff, to be struck out from such cause, if it appears to such Court or Judsre ^"i™"!''' "!1„ .... .|, -, " , ^^ , . ,^ any paily ong- that mjustice Will not be done by such amendment, and that inaiiy joined lu the person or persons to be added as aforesaid, consent either beibret'riar"' in person or by writing under his or their hands to be so joined, or that the person or persons to be struck out as afore- said, were originally introduced without his or their consent, or that such person or persons consent in manner aforesaid tobe struck out ; and the amendment shall be made upon such terms as to the amendment of the pleadings if any, post- ponement of the trial, and otherwise as the Court or Judge making the amendment thinks proper. 19 V. c. 43. s. 67. 64. When any such amendment is made, the liability of any Piainiifrs added person or persons added as co-Plaintiff or co-Plaintifls shall, saSeh'abii'tvas subject to any terms imposed as aforesaid, be the same as if original plain- such person or persons had been originally joined in the "''^• cause. 19 V. c. 43, s. 67. 65. In case it appears in any action at the trial or assess- Proceedings for ment of damages therein, that there has been a mis-joinder of fhe*mi™joinder Plaintiffs, or that some per.^on or persons not joined as Plaintiff ofPiaimifls; or or Plaintiffs ought to have been so joined, and the Defendant ?o°n°Xfge'whc> has not at or before the lime of pleading, given notice in ougiittobe writing that he objects to such non-joinder, specifying therein ^aTthe trfairthe the name or names of such person or persons, and if it appears to defendant not the Court or Judge or other officer presiding at the trial, that noUce^ofo^L such mis-joinder or non-joinder was not for the purpose of lion. obtaining an undue advantage, and that injustice will not be ■ ' done by such amendment, and that the person or persons to be added as aforesaid, consent either in person or by writing under his or their hands to be so joined, or that the person or persons to be struck out as aforesaid were originally introduced without his or their consent, or that such person or persons consent in manner aforesaid to be so struck out, such mis- joinder or non-joinder may be amended as a variance at the trial or assessment by such Court or Judge, or other officer presiding at the trial or assessment, in like manner as to the mode of amendment and proceedings consequent thereon, or as near thereto as the circumstances of the case will admit, as in the case of the amendment of variances in the sections of this Act, numbered two hundred and sixteen to two hundred and twenty-two. 19 V. c. 43, s. 68. 66. 200 Cap. 22. Common Law Procedure. 22 Vict, Liability of per- 66. Every such amendment shall be made upon such terms be"joi'ned M '" ^® ^^^ Court or Judge, or other presiding officer by whom the plaintiffs. amendment is made, thinks proper ; and when any such amendment has been made, the liability of any person who has been added as co-PIaintifF shall, subject to any terms im-^ posed as aforesaid, be the same as if such person had been ori- ginally joined in the action. 19 V. c. 43, s. 68. If such notice 67. In ease such notice has been given, or where a plea by*thedelnd-" ^^ abatement may be pleaded, in case a plea in abatement ant, ornon- of non-joindcr of a^erson Or persons as co-Plaintiff has been Sj^''-^® pleaded by the Defendant, the Plaintiff, before plea or replica- pleadeam r ^ p , ' ^ i r j ■ i i abatement, tion upon payment 01 the costs only oi and occasioned by amending, may, without any order, amend the writ and other proceedings by adding the name of the person named in such notice or plea in abatement, and proceed in the action without any further appearance, and in case of such amendment after plea, the Defendant may plead de novo. 19 V. c. 43, s. 69. Mis-joinder of 68. In the case of the joinder of too many Defendants in dUcover"^ be- ^•f J action Or Contract, the Court or a Judge, if it appears that fore trial in ac- injustice will not be done thereby, may, at any time before tract"" '^°"' trial or assessment of damages, order the name or names of one or more of such Defendants to be struck out, and the amendment shall be made upon such terms as the Court or And at trial. Judge thinks proper; and in case it appears at the trial of any action on contract, that there has been a mis-joinder of , Defendants, such mis-joinder may be amended as a variance at the trial in like manner as the mis-joinder of Plaintiffs has been hereinbefore directed to be amended, and upon such terms as the Court or Judge, or other presiding ofGcer by whom such amendment is made, thinks proper. 19 V. c. 43, s. 70. If the non-join- 69. In any action on contract where the non-joinder of any dants'bl^pUiad- Person as co-Defendant has been pleaded in abatement, the ed in abatetnent Plaintiff may, without any order, amend the Writ of Summons la such action, ^jj^j ^[jg declaration by adding the name of the person mentioned in such plea in abatement as a joint contractor, and serve the amended Writ upon the person or persons so named in such plea in abatement, and proceed against the original Defendant or Defendants and the person so named in such plea in abatement; but the date of such amendment shall, as between the person so named in such plea of abatement and the Plaintiff, be considered for all purposes as the commence- ment of the action. 19 V. c. 43, s. 71. 3r assault and battery, false impri- to^ou°rrei"" sonment, libel, slander when not within the fifth Section of the cept in certain Act to amend the law relating to libel and slander, malicious cases. arrest or prosecution, criminal conversalion or debauching of the Plaintifl's daughter or servant, a sole Defendant in any action, without rule or Judge's order, or one or more of several Defendants (by leave of the Court or a Judge upon such terms as the Court or Judge thinks fit,) may pay into Court a sum of money by way of compensation or amends. 8 V. c. 13, s. 36,--13, 14 V. c. 60,-2 G. 4, c. 1, s. 25,-19 V. c. 43, ss. 119^ 121. Officer to recei- 1®©. The mouey shall be paid to the proper officer of the veonepercent. Court who, for receiving the same, may exact a sum not ex- paid into Court, ceeding one per cent on the sum so paid in, and who shall sign a receipt for the amount in the margin of the plea, for signing which receipt he shall be entitled to twenty cents, and the sum so paid in shall on demand be paid out to the Plaintiff, or to his Attorney upon a written authority from the Plaintiff. 2 G. 4, c. 1, s. 26,-19 V. c. 43, s. 121. Such payment how pleaded. 101. Payment of money into Court shall be pleaded in all cases as nearly as may be in the following form, mutatis mutandis : Form. The Defendant, by E. F., his Attorney, {or in person, &c.,) {if pleaded to part, say, as to , parcel of the money claimed,) brings into Court the Sum of , and says the said sum is enough to satisfy the claim of the Plaintiff in respect of the matter herein pleaded to. 19 V. c. 43, s. 120. Reply of Plain- tift'm sucli case. Plain tiffsatis- fied. PlaintiH not xatisiied. 1®S. The Plaintiff may reply to a plea of payment of money into Court, by accepting the sum so paid in, in full satisfaction and discharge of the cause of action in respect of which it has been paid in, and may in that case tax his costs of suit, and in case of non-payment thereof within forty-eight hours, may sign judgment for his costs so taxed ; or the Plaintiff may reply that the sum paid in is not enough to satisfy his claim in respect of the matter to which the plea has been pleaded, and in the event of an issue thereon being found for the Defendant, the Defendant shall be entitled 43, s. 122. to judgment and his costs of suit. 19 V. c. Plea good tho' it treat an al- leged breach of contract as a wrong, and vice versii. 1®3. In case doubts arise as to the form of pleas when causes of action may be considered to partake of the character both of breaches of contract and of wrongs, no plea good in substance shall be objectionable on the ground of its treating the declaration either as framed for a breach of contract or for a wrong. 19 V. c. 43, s. 123. 104> 1859. Common Law Procedure. Cap. 22, 207 104. Pleas of payment and set-off, and all other pleadings Distributive capable of being construed distributively, shall be taken distri- 1',''^''!.° i'®,'^?"' 1 i- 1 1 • !■ ■ 1 1 1 •" 1 1 , c stiued distnbu- butiveJy, and it issue be taken thereon and so much thereoi as tiveiy. is a sufficient answer to part of the causes of action be proved, and found true by the Jury, a verdict shall pass for the Defendant in respect of so much of the causes of action as are answered, and for the Plaintiff in respect of so much of the causes of ac- tion as are not answered ; and if upon a plea of set-off the tf on set-off. Jury j&nd a larger sum proved to be due fiom the Plaintiff to proves^ore the Defendant than is proved to be due from the Defendant to due from the Plaintiff, a verdict shall pass for the Defendant for the ba- fj him"^*""' lance remaining due to him, and he shall have Judgment to recover such balance and his costs of suit. 19V. c. 43, s. 124. 105. A Defendant may either traverse generally such of the Traversing facts contained in the declaration as' might have been denied jn^deciarltion. by one plea, or may select and traverse separately any material allegation in the declaration although it might have been in- cluded in a general traverse. 19 V. c. 43, s. 125. 1 © ■ ,-i ^i a Judge there- pending, or to a Judge 01 one oi the buperior Courts at Cham- "'• bers, and such Court or Judge may affirm, reverse or modify such decision or order, or make such other order upon the subject matter of appeal, and the proceedings had thereon, and with or without costs, as to such Court or Judge seems meet. 12 V. c. 63, s. 35,-20 V. c. 57, s. 21. EFFECT OF DEATH OR MARRIAGE UPON THE PROCEEDINGS IN AN ACTION. Death oi plain- 131. The death of a Plaintiff or Defendant shall not tiffordeiend- causc the actlon to abate, but it maybe continued as hereinafter ant. mentioned. 19 V. c. 43, s. 208. iftherebemore 13S. In case there be two or more Plaintiffs or Defendants than one plain- qj^^ ^^g qj. yaoxQ of them dies, and if the cause of action tiff or defend- . , .._,..'_ t-h ■ . • rr • > ant, and the survives to the Surviving Plaintiti or Plaintiffs, or against the cause of action surviving Defendant or Defendants, the action shall not be survives to tii6 others. thereby abated, but such death being suggested on the record, the action shall proceed at the suit of the surviving Plaintiff or Plaintiffs against the surviving Defendant or Defendants. 19 V. c. 43, s. 209. Death of a sole SSS. Jn case of the death of a sole Plaintiff or sole surviving plaintiff. Plaintiff, the legal representative of such Platiniff may, by leavt; of the Court or a Judge, enter a suggestion of the death, and that he is such legal representative, and the action shall thereupon proceed ; and if such suggestion be made before the trial, the truth of the suggestion shall be tried thereat, together with the title of the deceased Plaintiff, and such Judgment shall follow upon the verdict, in favor of or against the person making such suggestion, as if such person were originally the Plaintiff. 19 V. c. 43, s. 210. Death of a sole 134. In case of the death of a sole Defendant or sole sur- defendant or viving Defendant where the action survives, the Plaintiff may vfy^gdefend- make a suggestion of the death, either in any of the pleadings, ant may be if the cause has not arrived at issue, (or by filing a sugges- suggested. ^^^^^ ^^^j^ ^j^g Other pleadings, if it has so arrived,) and that a person named in such suggestion is the executor or adminis- trator of the deceased, and may thereupon serve such executor Copy and no- or administrator with a copy of the writ and suggestion, and of liceto be served the said Other pleadings, and with a notice signed by the party^ °''^°*' ^ Plaintiff or his Attorney, requiring such executor or adminis- trator to appear within ten days after service of the notice, inclu- sive of the day of such service, and notifying him that in de- fault of his so doing, the Plaintiff may sign Judgment against him as such executor or administrator. 19 V. c. 43, s. 211. 135, 1859. Common Law Procedure. Cap. 22. 213 135. The same proceedings may be had and taken in Aiier such no- case of non-appearance after such notice as upon a writ pgg^jn''^[o°be' against such executor or administrator in respect of the cause for the same as in which such action has been brought. 19 V. c. 43, s. 211. roexeLTors!"^ 13©. In case of no pleadings before the death, the suggestion If no previous shall form part of the declaration, and the declaration, with a sugge'stfon'to* notice to plead, and the suggestion, may be served together, fo™ pan of and the new Defendant shall plead to both at the same lime, i^e declaration. and within eight days after the service. 19 V. c. 43, s. 211. 137. In case the Plaintiff had declared, but the Defendant if plaintiff has had not pleaded before the death, the new Defendant shall plead defendanrhas at the same time to the declaration and suggestion within eight not pleaded. days after service of the suggestion ; and in case the Defen- dant had pleaded before the death, the new Defendant shall, within eight days after the service of the suggestion, plead thereto only by way of denial, or such plea as may be appro- priate to and rendered necessary by his character of executor or administrator, unless by leave of the Court or a Judge he be permitted to plead fresh matter in answer to the declara- tion. 19 V. c. 43, s. 211. 138. In case the Defendant had pleaded before the death, ifdefendant but the pleadings have not arrived at issue, the new Defendant, ^"^ pleaded. besides pleading to the suggestion within eight days after the service thereof, shall continue the pleadings to issue in the same manner as the deceased might have done, and the pleadings upon the declaration and the pleadings upon the suggestion shall be tried together; and in case the Plaintiff recovers, if plaintiff re- he shall be entitled to the like Judgment in respect of the debt covers. or sum sought to be recovered, and in respect of the costs prior to the suggestion, and in respect of the costs of the suggestion and subsequent thereto, as in an action originally commenced against the executor or administrator. 19 V. c. 43, s. 211. 139. The death of either party between the verdict and The death of Judgment shall not hereafter be alleged for error, so as such between ver- Judgment be entered within two terms after the verdict. 1 9 diet and Jude- V. c. 43, s. 212. Jf the Plaintiff in any action dies after an inter- Piaintiifs dying locutory Judgment and before a final Judgment obtained ftfc^o™ and^''' therein, the action shall not abate by reason thereof, if such final judgment. action might have been originally prosecuted or maintained by the executor or administrator of the Plaintiff; and if the De- AndifDefen- fendant dies after interlocutory Judgment and before final ''^°' ^° *<^^- Judgment, the action shall not abate if such action might have been originally prosecuted or maintained against the executor or administrator of such Defendant. 19 V. c. 43, s. 213. 141. 214 Cap. 22. Common Law Procedure. 22 Vict. A writ of Jie- vivornny is- sue in case of plaintiff's deatti. Proceedings thereupon. 141. The Plaintiff, or, if he dies after interlocutory Judg- ment, his executor or administrator, shall have a Writ of Revivor in the form (A) No. 11, or to the like effect, against the Defendant, if living after such interlocutory judgment, or if he has died, then against his executors or administrators,^ to show cause why damages in such action should not be assessed and recovered by the Plaintiff, or by his executor or adminisr- trator. 19 V. c. 43, s. 213. 14S. If such Defendant, his executor or administrator, ap- pears at the return of such writ, and does not show or allege any matter sufficient to arrest the final judgment, or if he makes default, the damages shall be assessed, or the amount for which final judgment is to be signed shall be referred to the proper officer as in this Act provided ; and after the assessment had, or the delivery of the order with the amount endorsed thereon to the Plaintiff, his executor or adminis- trator, final judgment shall be given for the Plaintiff, his. executor or administrator, against the Defendant, his executor or administrator respectively. 19 V. c, 43, s. 213. Marriage of a 143. The marriage of a woman Plaintiff or Defendant ^f?""^')' f '*d" shall not cause the action to abate, but the action maynotwith- ant. standing be proceeded with to judgment, and such judgment may be executed against the wife alone, or by suggestion or Writ of Revivor pursuant to this Act, judgment may be obtained against the husband and wile and execution issued thereon; and in case of a judgment for the wife, execution may be issued thereupon by the authority of the husband without any Writ of Revivor or suggestion ; and if in any such action the wife has sued or defended by Attorney appointed by her when sole, such Attorney may continue the action or defence, unless his authority be countermanded by the husband, and the Attorney changed according to the practice of the Court. 19 V. c. 43, s. 214. Right of defen- 144. Where an action would but for this Act have wMcfrwoui? abated by reason of the death of either party and in which haveabaiedbut the proceeding's may be revived and continued under this Act, for this Act. {}jg Defendant or person against whom the action may be so continued, may apply by summons to compel the Plaintiff or person entitled to proceed with the action, to proceed according to the provisions of this Act within such time as a Judge having jurisdiction in the case may order. 19 V. c. 43, s. 215. 145. In default of such proceeding, the Defendant or other person against whom the aclion might be so continued, may enter a suggestion of such default and of the representative character of the person by or against whom the action might be proceeded with, (as the case may bf^) and shall have judg- ment for the costs of the action against the Plaintiff, or against the person entitled to proceed in his room, {as the case maij be,) and in the latter case, to be levied of the goods of When a &Hg- gestion of de- lault may be made. the testator or intestate, 19 V. c. 43, s. 215. JUDGMENTS 1859. Common Law Procedure. Cap. 22. 215 JUDGMENTS BY DEFAULT, AND THE MODE OF ASCERTAINING THE AMOUNT TO BE RECOVERED THEREON. 14®. No rule or order to compute shall be used. 19 V. c. Nomieororder 43 S. 141. to compute ne- ■ ' ' * cessary. 147. In actions where the Plaintiff seeks to recover a debt Judgment by or liquidated demand in money, the true cause and amount of ^gJ^H" '^"^1 ia which has been stated in the special indorsement on the Writ of ^'° '"*"' Summons or in the declaraiion, judgment by default shall be final. 19 V. c. 43, s. 142. 148. Notwithstanding any thing in this Act contained. Provisions of a the provisions of the Act of the Parliament of Great Britain, ^""*'°g'^'g'^ passed in the Session held in the eighth and ninth years of the 3,'c.°]i,'to re- Reign of King William the Third, intituled, An Act for the 'nain in' force. better preventing frivolous and vexatious suits, as to the assign- ment or suggestion of breaches, or as to judgment, shall continue in force in Upper Canada. 19 V. c. 43, s. 145. 149. No Writ of Inquiry shall issue to a Sheriff in cases Writs of in- of judgment by default, but except incases where the iudgraent quirynot to •fii / -jIuj i-.i- ji issue to Sheriffs. is tinal as atoresaid, the damag'^s, when to be assessed by a -when to be Jury, shall be ascertained at the same time and in like manner assessed by a as if the parties had pleaded to issue, and the entries shall be ^™^- made on the Roll accordingly. 2 G. 4, c. 1, s. 29. PROVISIONS FOR THE DETERMINATION OF QUESTIONS RAISED BY THE CONSENT OF THE PARTIES WITH OR WITHOUT PLEADING. 150. In case the parties to an action, after writ issued and Parties may before judgment, are agreed as to the question or questions ?n'''"« "P°n ^i ■of fact, to be decided between them, a Judge, by consent of andlry it?" ' parties, and upon being satisfied that they have a bond fide interest in, the decision of the question or questions, and that the same is or are fit to be tried, may order that such parties may proceed to the trial of such question or questions of fact without formal pleadings, and such question or questions may he stated for trial in an issue in the form (A) No. 8, and the Form of stating issue may be entered for trial and tried accordingly in the ?""^f"™^ ^"'' .^ . .... -.. '^ \ , trial or ]^sue same manner as an issue joined m an ordmary action, and thereon. the proceedings in such action and issue shall be under and subject to the ordinary control and jurisdiction of the Courl, as in other actions. 19 V. c. 43, s. 77. 151. The parties may, if they think fit, enter into an Ami may enter agreement in writing, which shall be embodied in the said or '"'o agreement any subsequent order, that upon the finding of the Jury in the o'riiot', accord- affirmative or negative of such issue or issues, a sum of money mg to there- to be fixed by the parties, or to be ascertained by the Jury upon ^" the issue or issues and evidence submitted to them shall be paid by one of such parties to the other of them, either with or without the costs of the action. 19 V. c. 43, s. 78. 153. 216 Cap. 22. Common Law Procedure. 22 Vict. Judgment may 152. Upon the finding of the Juiy upon any such issue, execuUon' is- '' judgment maybe entered for the sum agreed or ascertained sued, &c., upon as aforesaid, with or without costs, {as the case may be,) and thefindmg. execution may issue upon such judgment forthwith, unless otherwise agreed, or unless the Court or a Judge otherwise orders for the purpose of giving either party an opportunity for moving to set aside the verdict or for a new trial. 19 V. c. 43, s. 79. Proceedings 153. The proceedings upon any such issue may be re- ^''^^®''®''™''' corded at the instance of either party; and the judgment. Effect of Judg- whether actually recorded or not, shall have the same effect as ment. any other judgment in a contested action. 19 V. c. 43, s. 80. Parties may 154. The parties may, after writ issued and before agree upon a judgment, by consent and by order of a Judge, without any wfthout'pie^d- pleadings, state any question or questions of law in a special ings. case for the opinion of the Court. 19 V. c. 43, s. 81. And may agree 155. The parties may, if they think fit, enter into an decision upon such case.&c, to pay or not to agreement in writing, which shall be embodied in the aforesaid or cofdiufcAcTthe' ^.ny Subsequent order, that upon the judgment of the Court being given in the affirmative or negative of the question or questions of law raised by such special case, a sum of money fixed by the parties, or to be ascertained by the Court, or in such manner as the Court may direct, shall be paid by one of such parties to the other of them, either with or without costs of the action, and the judgment of the Court may be entered for any sum so fixed or ascertained, with or without costs, {as the case may be,) and execution may issue upon such judgment forthwith, unless otherwise agreed or unless stayed by pro- ceedings in error or appeal. 19 V. c. 43, s. 82. case for the opinion of the Court. Costs when 156. In casc no agreement be entered into as to the costs there is no of any such action, the costs shall follow the event, and be re- aSmt'them. covered by the Successful party. 19 V. c. 43, s. 83. After issue 157. After issue joined in any action or information, the joined, the par- parties may, by consent and by order of a Judge of the upon^aspraat Court in which the action is depending, state the facts of — '-•'- the case, in the form of a special case, for the opinion of the Court, and agree that a judgment shall be entered lor the Plain- tiff by confession or for the Defendant of Nolle Prosequi, im- mediately after the decision of the case, or otherwise, as the Court may think fit, and judgment shall be entered accord- ingly. 7 W. 4, c. 3, s. 17. PROVISIONS FOB THE MORE EXPEDITIOUS DETERMINATION OF MATTERS OF MERE ACCOUNT. The Court or 158. If at any time after the writ has issued, it be, upon apfciin'^o^f ^^^ application of either party, made to appear to the satis- faction of the Court or a Judge, that the matters in dispute consist wholly 1859. Common Lnu Procedure. Cap. 22. 2 17 wholly or in part of matters of mere ^account, which cannot either party, conveniently be tried in the ordinary way, the Court or Judge '^^o^^^^j^^y may, upon such application, if they or he think fit, decide such part to an ar- matter in a summary manner, or order such matter, either "''^^'°'' °''''^" 111 ■ 1 <• 1 1 • . '■ , 1 ""^ County wholly or in part, to be reierred to an arbitrator appointed by the Judge. parties, or, in cases in the Superior Courts, to an officer of the Court, or in country causes in the Superior Courts, to the Judge of any County Court, upon such terms as to costs and other- wise as such Court or Judge thinks reasonable ; and the decision Enforcing such or order of such Court or Judge, or the award or certificate of o.'^er or deci- such referee, may be enforced by the same process as the find- '' ing of a Jury upon the matter referred. 19 V. c. 43, s. 84, — 19 V. c. 90, s. 10,— See 8 V. c. 13, s. 47. 159. If it appear to the Court or Judge that the allowance Any incidental or disallowance of any particular item or items in such account mTy be'deciM depends upon a question of Jaw fit to be decided by the Court, bytheCourt,or or upon a question of fact fit to be decided by a Jury, such ,™ y upon'a ^ " Court or Judge may direct a case to be stated or an issue or speciafcase or issues to be tried ; and the decision of the Court upon such '*'^"''' case, and the finding of the Jury upon such issue or issues, shall be taken and acted upon by the arbitrator as conclusive. 19 V. c. 43, s. 85,-19 V. c. 90, s. 11. 16®. In all actions involving the investigation of long In actions in- accounts on either side, the Judge may at and during the trial Iccounts°Jud- direct a reference of all issues of fact in the cause, or of such of ge naay direct a. the said issues and of the accounts and matters involved in all pan and\*ver- or any such issues as he thinks fit, taking the verdict of the diet as to other Jury upon any issue or issues not so referred, and directing a Fe")e'the''whole verdict to be entered generally, on all or any of the issues, for to the jury, either party, subject to such reference, or he may leave all or any issues of fact to be found by the Jury, referring only the amount of damages to be ascertained ; and if the parties agree Appointment up* the arbitrators (not more than three), the names of those referred oa°ses!" agreed on shall be inserted in the order of reference, but if the parties cannot agree, the Judge shall name the arbitrator or arbitrators, and appoint all other terms and conditions of the reference to be inserted in such order, and the award may be As toTmotion moved against, as in ordinary cases, within the first four days a°n'ard. of the Term next after the making thereof ; And the Judge directing any reference under this section may direct such reference, (if he sees fit to do so) in like manner as he has power to do under the two last preceding sections ; and every Arbi- trator appointed under this section shall be subject to the pro- visions of the said section, and shall have the powers expressed in the one hundred and sixty-first section, and be subject to the same regulations as are mentioned and provided in regard to Arbitrators in and by the one hundred and sixty- third section of this Act. 19 V. c. 43, s. 156,-20 V. c. 58, s. 3,-20 V. c. 57, s. 12,-8 V. c. 13, s. 47. 161. 218 Cap. 22. Common Law Procedure. 22 Vict. How ihe amount of da- mages Shall be ascertained when the Court is of opinion that it is sub- (tantially a matter of cal- culation. 161. In actions in which it appears to the Court or a Judge that the amount of damages sought to be recovered by the Plaintiff is substantially a matter of calculation, it shall not be necessary 1o assess the damages by a Jury, but the Court or a Judge may direct that the amount for which final judgment is to be signed, shall be ascertained — if the proceedings be car- ried on in the principal Office at Toronto, by the Clerk of the Crown and Pleas of the proper Court— or, if the proceedings be carried on in the Deputy Clerk's Office in any County, then by the Judge of the County Court of such County— or, if the pro- ceedings be carried on in any County Court, then by the Clerk thereof ; and the attendance of witnesses and the production of documents before such Clerk of the Crown, or Judge or Clerk of the County Court, may be compelled by subpmna, in the same manner as before a Jury upon an assessment of damages ; and such Clerk of the Crown or Judge or Clerk of the County Court, respectively, may appoint the day for hearing the case, and may adjourn the inquiry from time to time, as occasion requires ; and such Clerk of the Crown, or Judge or Clerk of the County Court, (as the case may be,) shall indorse upon the rule or order for referring the amount of damages to him, the amount found by him, and shall deliver the rule or order with such indorsement to the Plaintiif, and such and the like proceed- ings may thereupon be had, as to taxation of costs, signing judg- ment, and otherwise, as upon the finding of a Jury upon an assess- ment of damages. 19 V. c. 43, s. 143,-19 V. c. 90, s. 14. Arbitrator may 162. Upon any compulsory refereiice under this Act, or make award in upQ,, ^ny reference by consent of parties where the submission special case. is or may be made a rule or order of any of the Superior Courts of Law or Equity, and upon aay compulsory reference under this Act, or by consent of parties in any cause in a County Court made by rule or order of Such Court, the arbitrator may, Effect thereoi. if he thinks fit, and if it is not provided to the contrary, s^te his award as to the whole or any part thereof, in the form of a special case for the opinion of the Court, and when an action has been referred, judgment, if so ordered, may be entered ac- cording to the opinion of the Court. 19 V. c. 43, s. 86, — 19 V. c. 90, s. 12,-8 V. c. 13, s. 47. Proceedings 16S. The proceedings upon any such arbitration as afore- to/°and'hif*" ^^'^ shall, cxccpt Otherwise directed by this Act or by the sub- power to be as mission or document authorizing the reference, be conducted in b'"conseuT"'^ like manner and be subject to the same rules and enactments as to the power of the arbitrator and of the Court, the attendance' of witnesses, the production of documents, enforcing or setting aside the award, or otherwise, as upon a reference made by consent under a rule of one of the Superior Courts of Common La-w or the order of a Judge thereof. 19 V. c. 43, s. 87, — ^19 V. c. 90, s. 13. 164. ^859. Common Law Procedure. Cap. 22. 2l9 1 64. In case in any reference to arbitration, whether When the under this Act or otherwise, the submission be made a madea^ruieol rule of any Court of Upper Canada, such Court or a Judge Court, thereof may, at any time, and from time to time, remit the matters rpmit"ed^to the referred, or any or either of them, to the reconsideration and re- arbitrators fot determination of the arbitrator or arbitrators or umpire, as the [fon°&c.''™" case may require, upon such terms as to costs and otherwise as to the said Court or Judge may seem proper. 19 V. c. 43, s. 88. 165. All applications to set aside any award made on a Period within compulsory reference, shall be made within the first six days of ^JU'l^, ggP^Pag^'e the term next following the publication of the award to the par- award must bo ties, whether the award be made in Vacation or in Term ; and """'''■ if no such application be made, or if no rule be granted thereon, or if any rule granted thereon be afterwards discharged, such award shall be final between the parties. 19 Y. c. 43, s. 89. 1 66. Any award made on a compulsory reference When an , I- CTi 1^ . \ ■ award may, by may, by authorUy oi a Judge, on such terms as to him seems order of a reasonable, be enforced at any time after six days from the Judge, be en- time of publication, notwithstanding that the time lor moving gx'^piration of to set it aside has not elapsed. 19 V. c. 43, s. 90. six days. 167. Whenever the parties or any of the parties to any deed When parties ..r J .r J to any 'nstru- or instrument m wntmg made or executed, since the twenty-tirst ment atrree day of August, one thousand eight hundred and fifty-six, or alter •'^at any dif- this Act takes eriect, have agreed, or agree that any existing or tween ihem future dilferences between them or any of them shall be shall be reier- I , • . 1 c .\. ,. redto arbitra- relerred to arbitration, and any one or more ot trie |)arties non, the Court so havinsf agreed or any person or persons claiming through w a Judge may °,.° , •'' , T '■ ..• Stay proceed- or under hirn or them, nevertheless commences an action i„„sonappliea- at Law or a suit in Equity against the other party or parlies tion of defen- _, ^ . •' '^ ^ ■ .„■ dant and proof or any of them, or against any person or persons claiming of certain mat- ttoough or uncler him or them in respect of the matters so ters. agreed to be rei'erred or any of them, then upon the application of the Defendant or Defend ants, or any ofthem, after appearance and before plea or answer, and upon the Court or Judge being satisfied that no sufficient reason exists why such matters ought not to be referred to arbitration according to such agreement as aforesaid, and that the Defendant was at the time of the bringing of such action or suit and still is ready and willing to, join and concur in all acts necessary and proper for causirig such matters so to be decided by arbitration, the Court in which such action or suit has been brought or a Judge thereof may make a rule or order staying all proceedings in such action or suit, on such terms as to costs and other- wise, as to such Court or Judge may seem fit ; but such rule or order may, at any time afterwards, be discharged or varied as justice requires. 19 V. c. 43, s. 91. 168. ff in any case of arbitration, the document authorizing, f ™^|'^i°^, t^^| Ihe referencs provides that the reference shall be to a single arbitrator, 220 ^^P- 22. Common Lmu Procedure. 22 Vict. place oCa sin- arbitrator, and all the parties do not, after differences have gle arbitrator or arisen, Concur in the appointment of an arbitrator, or if any umpire dying, .',,. c • 1.1 r refusing to aut, appointed arbitrator refuses to act, or becomes incapable oi act- re/erraoe does ^"^S' °'' ^"^^^i ^^^ ^^^ terms of the document do not shew the in- notshowan tention that such vacancy should not be supplied, and the iSs™ia°esho^uid P^^^^^s do not concur in appointing a new arbitrator, or if, where not'be'^uppi'ied. the parties or two arbitrators are at liberty to appoint an umpire or third arbitrator, such parties or arbitrators do not appoint an umpire or third arbitrator, or if any appointed umpire or third arbitrator refuses to act, or becomes incapable of acting, or dies, and the terms of the document authorizing the reference do not shew the intention that such vacancy should not be sup- plied, and the parties or arbitrators respectively do not appoint a new one, then and in every such instance, any party may serve the remaining parties or the arbitrators, (as the case may be)., with a written notice to appoint an arbitrator, umpire or A Judge to ap- third arbitrator; and if within seven clear days after ser- m defauifof the ^^^^ °^ ^'^'^'^ notice, no arbitrator, umpire or third arbitrator be proper party, appointed, any Judge of either of the Superior Courts of Law, or of the Court of Chancery, or of any County Court, if the case be in such County Court, may, upon summons to be taken out by the party who served such notice, appoint an arbitrator, umpire or third arbitrator, {as the case may be,) and such arbitrator, umpire or third arbitrator may act in the reference and make an award as if he had been appointed by consent of all parties. 19 V. c. 43, s. 92. When the re- 16©. When the reference is or is intended to be to two ar- two"arljrtrators bitrators, one appointed by each party, either party in case of and one party the death, refusal to act or incapacity of any arbitrator appoint- pomrthe°oth'er ^^ ^^ him, may substitute a new arbitrator, unless the docu- mav, after cer- ment authorizing the reference shews the intention that fc^'appmnt ^^^ vacancy should not be supplied, and if on such a reference his arbitj'ator to one party fails to appoint an arbitrator either originally or by lei^he"refe"-" "^^^ °^ Substitution as aforesaid, for seven clear days after the rence provides Other party has appointed an arbitrator, and has served the party cy^shouU nm"' *'' failing with notice in writing to make the appointment, the be supplied. party who has appointed an arbitrator may appoint such arbi- trator to act as sole referee in the reference, and an award made by him shall be as binding on both parties as if the ap- pointment had been by consent ; but the Court or a Judge may revoke such appointment on such terms as seem just. 19 V. c. 43, s. 93. Two arbitrators 1'?®. When the reference is to two arbitrators and the terms appokitT7um- ^^ ^^^ document which authorizes it do not shew the intention pire, unless the that there should not be an umpire, or do not provide other- bidT""^^ '"''" wise for the appointment of an umpire, the two arbitrators may appoint an umpire at any time within the period during which they have power to make an award, unless they are called upon by notice as aforesaid to make the appointment sooner. 19 V. c. 43, s. 94. S71. 1859. ■ Common Law Procedure. Cap. 22. 221 ITS. The arbitrator acting under any such document or Award to be compulsory order of reference as aforesaid, or under any order made within a referring the award back, shall make his award under his hand, '" ^"^P®"" and (unless such document or order respectively contains a different limit of time) within three months after he has been appointed, and has entered on the reference or has been called upon to act by a notice in writing from any party, but the parties may by consent in writing enlarge the time for making the award. 19 V. o. 43, s. 95. 1?'3. The Court of which such submission, document or Period may be order has been or may be made a rule or order, or any judge <'"'^i'&^<'- thereof, may, for good cause to be stated in the rule or order for enlargement, from time to time, enlarge the term for making the award, and if no other period of enlargement be stated in the consent or order for enlargement, it shall be deemed an enlargement for one month. 19 V. c. 43, s. 95. 173. Incase an umpire has been appointed, and in case When the um- the arbitrators have allowed their time to expire without making P"'® *^^" ''°'- an award, or have delivered to either party or to the umpire a notice in writing stating that they cannot agree, the umpire may enter on the reference in lieu of the Arbitrators. 19 V. c. 43, s. 95. 1T4. When any award made on any such submission, do- when the cument or order of reference as aforesaid, directs that posses- p^seiioTof sion of any lands or tenements capable of being the subject of real property to an action of ejectment shall be delivered to any party either {'te'^court may forthwith or at any future time, or that any such party is entitled order such de- to the possession of any such lands or tenements, the Court of fJJ.^7it^as\^"" which the document authorizing the reference has been or may Judgment in be made a rule or order, may order any party to the reference who ejectment, is in possession of such lands or tenements, or any person in possession of the same claiming under or put in possession by him since the making of the document authorizing the refer- ence, to deliver possession of the lands to the party entitled thereto pursuant to the award, and such rule or order to deliver possession shall have the effect of a Judgment in ejectment against every such party or person named in it, and execution may issue and possession shall be delivered by the Sheriff as on a Judgment in ejectment. 1 9 V. c. 43, s. 96. 1 73. In any County Court, the Judge thereof may, in term, or ^"""^^^g"""^ at the sittings or in vacation by consent of the parties, order any fer«icetoarbi- cause to be referred to arbitration, in the same manner, with the trationasinSu- same effect and with the same powers, and in like manner may set aside any award thereon, as may be exercised by the Superior Courts in any cause therein. 19 V. c. 90, s. 13, — 8 V. c. 13, .s. 47. 1 y®. Every agreement or submission to arbitration by con- Every submis- sent, whether by deed, or in writing not under seal, may, on s'°"'° arbitra- the 222 Cap. 32. Common Law Procedure. 22 Vict. tion may be the application of any party thereto, be made a rule of either of Court,VnL°'^ the Superior Courts of law, or of the Court of Chancery, or of the Instrument a County Court in actions pending in such County Court, for id It. unless such agreement or submission contains words purport- ing that the parties intended that it should not be made a rule of Court. 19 V. c. 43, s. 97. Of what Court i '^^- If in any such agreement or submission it be provided it may be made thatthesame may be made aruleof one in particular of the Supe- case be staled rior Courts aforesaid, it shall be made a rule of that Court only ; in the award tor and if when there is no such provision, a case has been stated lor a Court!"'"*' the opinion of one of the Superior Courts and such Court is specified in the award, and the document authorizing the refer- ence has not before the publication of the award to the parties been made a rule of Court, such document shall be made a rule only of the Court specified in the award. 19 V. c. 43, s. 97. Other Courts 178. When in any case the document authorizing the refer- not to interfere gjjpg jg (,j. |-,j^g been made a rule or order of any one of such Superior Courts, no other of such Courts shall have any juris- diction to entertain any motion respecting the arbitration or award. 19 V. c. 43, s. 97, Submission to 1 ^S. in case of the appointment of any arbitrator or umpire »greed"o"be ^Ji °^ ^° pursuance of any rule of either of the Superior Courts made a rule of of Common Law or of the Court of Chancery, or of any County vo"ab'ie"wiir- Court, or Judge's order, or order of Md Prius in any action, out leave of Or by Or in pursuance of any submission or reference, not con- Court. taining words purporting that ihe parties intended that such agreement should not be made a rule of any of such Superior Courts, ihe power and authority of such Arbitrator shall not be revocable by any party to the reference, without the leave of the Court by which such rule or order was made, or which is mentioned in the submission, or by leave of a Judge of such Arbitrator to Court ; or in case no such Court be mentioned in the submis- proceedwith sion and there be no restriction of jurisdiction as aforesaid, then not without the leave of one of such Superior Courts, or of a Judge thereof, and the arbitrator and umpire shall proceed with the reference notwithstanding any such revocation, and make an award, although the person making such revocation Court may en- do not afterwards attend the reference ; and the Court, or aoy mSing"^. Upon the application of any party to a cause Provision for or civil proceeding stating his belief upon affidavit that [|',',eu'|f,'e"„^tsm°^ any document lo the production of which he is entitled for tiie possession the purpose of discovery or otherwise, is in the possession ouhe adverse or power of the opposite party, the Court or Judge may order that the party against whom such application is made, or if such party be a body corporate, that some named Officer of such body corporate, shall answer on affidavit, stating what documents he or they has or have in his or their possession or power relating to the matters in dispute, or what he knows as to the custody they or any of them are in, and whether he or they objects or object (and if so, on what grounds) to the production of such as are in his or their possession or power, and upon such affidavit being made, the Court or Judge may make such further order as is just. 19 V. c, 43, s. 175. 1 9®, In case the party if not a body corporate would be liable tnterroffatories to be calkd and examined as a witness upon the matter, ^onlhe opposite the Plaintiff with the declaration, and the Defendant with the pany who shall plea, may deliver, or either of them, by leave of the Court or a a'^Jmrtbera? Judge, at any other time, may deliver to the opposite parly or his attorney, interrogatories in writing upon any matter respect- ing which discovery may be lawfully sought, and may require such party, or in the case of a body corporate, may require any of the Officers of such body corporate, to answer within ten days the questions in writing by affidavit to be sworn and filed in the ordinary way ; and any party or Officer omitting, without just cause, sufficiently to answer, within the above time, or such extended lime as the Court or Judge may allow, all questions as to v/hich discovery may be sought, shall be deemed guilty of a contempt, and may be proceeded against accordingly. 19 V. c. 43, s. 176. 191. The application for such order shall be made upon Affidavit upoa an affidavit of the party proposing to interrogate, and of his At- ^,Son'ror''' torney or agent, or iu the case of a body corporate, of their leave to serve Attorney or agent, slating respectively that the deponent ,or'ie.,'^ust'^S^" believes that the party proposing to interrogate, whether fouuiied. Plaintiff or Defendant, will derive material benefit in the cause ■from the discovery which he seeks, that there is a good cause of action or of defence upon the merits, and if the apjDlicatioii be made on the part of the Defendant, that the discovery is not o sought 226 Cap. 22. Common Law Procedure. 22 Vict. Where the sought for the purpose of delay ; but where it happens Ef!^',= fr'"^''' from unavoidable circumstances, that the Plaintiff or Defendant vented irom i /r- i • i /-t t j joining in such cannot J om in such aindavit, the Court or a Judge may, upon affidavit. affidavit of the circumstances by which the party is prevented from so joining, allow and order that the interrogatories may be delivered without such affidavit. 19 V. c. 43, s. 177. incaseofomis- 192. In case of omission, without just cause, to answer theparty°Say' Sufficiently such written interrogatories,' the Court or a be examined Judge may direct an oral examination of the interrogated oraUy or com- party, as to such points as they or he may direct, to be had mandedtopro- r J5 r J ,J i ducethedoeu- before a Judge or any other person specially named; and ments, and be- ^jjg Court or a Judge may, by such rule or order, or by any subsequent rule or order, command the attendance of such party or parties before the person appointed to take such examination for the purpose of being orally examined as aforesaid, or may command the production of any writings or other documents to be mentioned in such rule or order, and may impose therein such terms as to such examination and the costs of the appli- cation and of the proceedings thereon, and otherwise, as to such Court or Judge seems just, and such rule or order shall have the same force and effect and may be proceeded upon in like manner as an order made under the one hundred and eighty-fifth and one hundred and eighty-sixth sections of this -Act. 19 V. c. 43, s. 178. Examinationto 193. Whenever by virtue of this Act, an examination of ^'iS[eim\he any party or parties, witness or witnesses, has been taken be- Court. fore a Judge of either of the Superior Courts of Common Law or of any County Court, or before any Officer or other person appointed to take the same, the depositions taken down by such examiner shall be returned to and kept in the office of the Court (Principal or Deputy Clerk's or Clerk's officfe, as the case may be,) in which the proceedings are carried on, and office copies of such depositioi^s may be given out, and the examina- tions and depositions certified under the hand of the Judge May be used in °^ Other officer or person taking the same, shall, Without proof evidence. of the signature, be received and read in evidence, saving all just exceptions. 19 V. c. 43, s. 179. Examiners 194. Every Judge, Officer or other person named in any may make a such rule or Order as aforesaid, for taking examinations under tofte cXt!' this Act, may, and if need be, shall make a special report to thfe Court in which such proceedings are pending, touching such examination and the conduct or absence of any witness or other Orders there- person thereon or relating thereto ; and the Court shall upon. institute such proceedings and make such order or orders upon such report as justice may require, and as may be instituted and made in any case of contempt of the Court. 19 V. c. 43, s. 180. 195. 1859. Common Law Procedure. Cap. 22. 227 195. The costs of every application for any rule or order As to costs of to be made for the examination of parties or witnesses by virtue ™leandexa- of this Act, and of the rule or order and proceedings thereon, shall be in the discretion of the Court or Judge by whom such rule or order is made. 19 V.' c. 43, s. 181. 196. Either party may apply to the Court or a Judge for inspection of a rule or order for the inspection by the Jury or by himself or by real or personal his witnesses, of any real or personal property, the inspection of fu^f pMties, or which may be material to the proper determination of the ques- witnesses. tion in dispute, and the Court or a Judge may mak& such rule or order upon such terms as to costs and otherwise, as such Court or Judge may think fit ; but nothing herein contained shall affect the provisions of any Act as to obtaining a view by a Jury. 19 V. c. 43, s. 172. INSPECTION OF DOCUMENTS. 197. Either of the Superior Courts of Common Law when the and any County Court in which an action or lesal pro- Court or a Jud- 1- I T T J xi c . ge may allow ceeuing may be pending, or any Judge thereoi respect- inspection o( iveiy in vacation, may, on application (and in any documents. such action or proceeding in either of the Superior Courts, when the Attorneys for both parties reside in the same County, the Judge of the County Court of such County may on application), compel the opposite party to allow the party making the application, to inspect all documents in the custody or under the control of such opposite party relating to such action or other legal proceeding, and if necessary, to take examined copies of the same, in all cases in which previous to the passing of this Act a discovery might have been obtained by Bill, or other proceeding in Equity, at the instance of the party so making application as aforesaid. 16 V. c. 19, s. 8. ADMISSION OF DOCUMENTS. 198. Either party may call upon the other party, by Calling on notice, to admit any Document, saving all just exceptions, and documents''™" in case of refusal or neglect to admit, the costs of proving the Documents shall be paid by the party so neglecting or refusing, whatever the result of the cause may be, unless at the trial the Judge certifies that the refusal to admit was reasonable ; and Costs. except in cases where the omission to give the notice is, in the opinion of the Taxing Officer, a saving of expense, no costs of proving any Document shall be allowed unless such notice has been given. 19 V. c. 43, s. 165. 199. An affidavit of the Attorney in the cause or his E^idetice oi Clerk, of the due signature of any admissions made in pur- suance of such notice, and annexed to such affidavit, shall be in all cases sufficient evidence of such admissions. 19 V. c. 43, s. 166. o2 200. 228 Cap. 22. Common Laio Procedure. 22 Vict. Evidence of fierWce of no- lice 10 produce. 2©®. An affidavit of the Attorney in the cause, or his Clerk, of (he service of any nolioe to produce in respect to which notice to admit has been given, and of the time when it was served, with a copy of such notice to produce annexed to such affidavit, shall be sufficient evidence of the service of the original of such notice, and of the time when it was served, 19 V. c. 43, s. 167. NOTICE OF TRIAL OR OF ASSESSMENT OF DAMAGES, AND COUNTERMAND THEREOF. Eight clays' no- tice ol'trial to be given. S@S. Eight days' notice of trial or of assessment (the first and last days being inclusive) shall be given, and shall be sufficient in all cases, whether at Bar or at Nisi Prius, or at the County Courts. 19 V. c. 43, s. 146,-8 V. c. 13, s. 29,— 2 G. 4, c. 1, s. 36. Four days' no- tice ot Coua- termaad. S*>S. Unless otherwise ordered by the Court or a Judge, or by consent, a countermand of notice of trial or assessment shall be given four days (the first and last days being inclu- sive) before the time mentioned in the notice of trial or assess- ment, unless short notice has been given, and then two days, both inclusive, before the time mentioned in the notice. IP V. c. 43, s. 147. NISI PKIUS RECORDS. Nisi Prim records need not be sealed. How to be 9®3. \n the Superior Courts, the record of Nisi Privs need not be sealed, but shall be passed and signed by the Clerk oi Deputy Clerk of the Crown in whose office the same is passed, and in Country causes' shall be entered for trial with the Deputy Clerk of the Crown of the proper County, before nooD of the Commission or opening day of the Assizes for such County ; but the Judge may permit a record in any suit to be entered after the time above limited, if upon facts disclosed on affidavit, or on the consent of both parties, he sees fit to do so. 19 V. c. 43, s. 154. How to be in- dorsed. S04. The party entering any such record shall indorse thereon whetherii bo an assessment, an undefended issue or adefendedis- sue; and the Deputy Clerk of the Crown shall makethreelistsand enter each Record in one of the said lists, in the order in which the Records are received by him, and in the first list he shall enter all the assessments and undefended issues, and in the second list all defended issues not marked " Inferior Jui'isdic- tion," and in the third list, all defended issues marked "In- ferior Jurisdiction," and the Judge at Nisi Prius may postpone the trial of causes in ihe third list until all the others have been disposed of, and may call on the causes in the , first list at such time and times as he finds most convenient for disposing of the business. 19 V. c. 43, s. 154. 303. 1859. Common Law Procedure. Cap. 22. 229 3®«5. In Town causes the Records shall be entered with the How records to. Clerk of Assize, who shall, for the purpose of receiving and en- xo^n^caus^. taring the same, attend at the Court House on the Commission or opening day from nine in the morning until noon, after which he shall not receive any Record without the order of the presid- ing Judge, who shall have the same power in this respect as set forth in the two hundred and third section, and the Clerk oi Assize shall make three lists as aforesaid, which shall be regulated and the business disposed of as in Country causes. 19 V. c. 43, s. \?>b. SOS. The judge presiding at the Assizes or County Court TheJudgemay sittings, may, in his discretion, peremptorily order the business ings'perempto- of the Court to be proceeded with, on the first day of the sitting Hiy on the Crst of the Court. U, 15 V. c. 14, s. 14. ''"^■ 207. In the County Courts, the plaintiffs shall enter with the Howenteredin Clerk of such Courts, respectively, a record in the form of a Mw bounty Courts. PrtM.v record, on or before the first day of the sitting of such Courts, and in those Courts no other venire than the following need be entered in the record : Ttierefore, the Sheriff (or Coroner, as the case may be,) is Venire. commanded that he cause to come before , Judge of our said Court, at the next sitting thereof, for trials and assessments, at the Court House, in , \v the said Couniy, on the day of , in the year of Our Lord, one thousand eight hundred and , a Jury to try the said issue, {or assess the damages, as the case may be). When there are issues in law and also in fact, or upf)n any as- sessmenl of damages, the above venire may be altered and adapted to the particular case. 8 V. c. 13, s. 30, — 12 V. c. 66, s. 9. TRIALS MAY BE ADJOURNED, &C. @<>8. The Court or Judge at the trial of any cause may, When the when deemed right fur the purposes of justice, order an adjourn- Eu"n ™t^^l ment for sndh time and subject to such terms and conditions, as to costs and otherwise, as they or he may think fit. 19 V. c. 43, s. 158. ADDRESSES OF COirNSEL,, &C. 3®®. Upon the trial of any cause the addresses to the Jury How addresses shall be regulated as follows : the parly who begins, or his "urv°resulated. Counsel, in the event oi his opponent not announcing at the close of the case of the party who begins, his intention to adduce evidence, shall be allowed to address the Jury a second time at the close of such case, for the purpose of summing up the evidence ; and the party on the other side, or his Counsel, shall then 230 Cap. 22. Common Law Procedure. 22 Vict. then be allowed lo open his case and also to sum up the evidence (if any), and the right to reply shall be the same as at present 19 V. c. 43, s. 157. THE EXAMINATION OF WITNESSES. Cross exami- nation as to previous state- ments in writ- Proof of pre- ^vious convic- tion of a wit- ness may be given if he de- nies it, &o. 21®. Upon the trial of any cause, a witness may be cross-ex- amined as to previous statements made by him in writing, or reduced into writing, relative to the subject matter of the cause, without such writing being shewn to him ; but if it is intended to contradict the witness by the writing, his attention must, before such contradictory proof can be given, be called to those parts of the writing which are to be used for the purpose of so contradicting him ; and the Judge at any time during the trial, may require the production of the writing for his inspec- tion, and he may thereupon make such use of it for the pur- poses of the trial as he thinks fit. 19 V. c. 43, s. 161. 211. A witness may be questioned as to whether he has been convicted of any felony or misdemeanor, and upon beiag so questioned, if he either denies the fact or refuses to answer, the opposite party may prove such conviction, and a cer- tificate containing the substance and effect only (omitting the formal part) of the indictment and conviction for such offence, purporting to be signed by the Clerk of the Court or other officer having the custody of the records of the Court at which the offender was convicted, or by the Deputy of such Clerk or Officer, (for which certificate a fee of one dollar and no more may be demanded or taken,) shall, upon proof of the identity of the witness as such convict, be sufficient evidence of his conviction, without proof of the signature or the official character of the person appearing to have signed the certificate. 19 V. c. 43, s. 162. Attesting wit- 312. it shall not be necessary to prove by the attesting ness "^^''^^°^^^ witness, any instrument to the validity of which attestation is none w»s not requisite, and such instrument may be proved by admis- reqtiiredbyiaw. g^on or Otherwise, as if there had been no attesting witness thereto. 19 V. c. 43, s. 163. Comparison of disputed writ- ing with ge- How far a par- ty may dis credit his own witness. 2 IS. Comparison of a disputed writing with any writing proved to the satisfaction of the Judge to be genuine, shall be permitted to be made by witnesses ; and such writings and the evidence of witnesses respecting the same, may be submitted to the Court and Jury, as evidence of the genuineness or other- wise of the writing in dispute. 19 V. c. 43, s. 164. 2 1 4. A party producing a witness shall not be allowed to impeach his credit by general evidence of bad character, but in case' the witness in the opinion of the Judge, proves adverse, such party may contradict him by other evidence, or by leave of the Judge, may prove that the witness made at other times a statement 1859. Comvion Law Procedure. Cap. 22. 231 statement inconsistent with his present testimony ; but before such last mentioned proof can be given, the circumstances of the supposed statement, sufEcient to designate the particular occa- sion, must be mentioned to the witness, and he must be aslved whether or not he did make such statemenl. 19 V. c. 43, s. 159. 213. If a witness, upon cross-examination as to a former Proof of con- statement made by him relative to the subject matter of the statement b cause, and inconsistent with his present testimony, does not adverse wit- distinctly admit that he did make such statement, proof may "^^^■ be given that he did in fact make it ; but before such proof can be given, the circumstances of the supposed statement, suffi- cient to designate the particular occasion, must be mentioned to the witness, and he must be asked whether or not he did make such statement. 19 V. c. 43, s. 160. AMENDMENTS AT THE TRIAL. 216. When upon the trial in any Civil Action, or Variances may information for any Misdemeanor, before any Court of "^f .^™^°''^<^ ij Record holding Plea in Civil Actions, or any Judge silting at in prosecutions Nisi Prius, any variance appears between any matter in to misdeniean writing or in print produced in evidence, and the recital or cret^on onhe setting iorth thereof upon the record whereon the trial is pend- 9°,'^'''°"' /"''sfi ing, such Court or Judge may cause the Record to be forthwith thereof.^'''' amended in such particular by some officer of the Court, on payment of such costs (if any) to the other party as such Court or Judge may think reasonable, and thereupon the trial shall proceed as if no such variance had appeared. 1 W. 4, c. 1, s. 1. ^17. When upon the trial in any civil action, or in any Upon suoii information in the nature of a quo warranto or proceedings on S^'"^^ respect- /» 1 ^^ inff COSTS 3S a mandamus, before any Court of Record holding Plea in civil may seem rea- actions, or any Judge sitting at Nisi Prius, any variance appears sona^ie- between the proof and the recital or setting forth on the record, writ or document, on which the trial is proceeding, of any con- tract, name or other matter, in any particular or particulars, in the judgment of such Court or Judge not material to the merits of the case, and by which the opposite party cannot be prejudiced in the conduct of his action, prosecution or defence, the Court or Judge may cause the record, writ or document, to be forthwith amended by some officer of the Court, or other- wise, both in the part of the pleadings where the variance occurs, and in every other part of the pleadings which it may become necessary to amend, on such terms as to payment of costs to the other party, or postponing the trial to be had before the same or another Jury, or both of payment of costs and post- ponement, as such Court or Judge thinks reasonable ; and Or tiie Court • u • •*■ .-i-^u-j t may allow the m case such variance exists in some particular in the judgment record to be of such Court or JudgQ not material to the merits of the case, withdrawn. but such as that the opposite party may be prejudiced thereby 2R2 Cap. 22. Common Law Procedwe. 22 Vigt. thereby in the conduct of his action, prosecution or defence^ such Court or Judge may cause the same to be amended, upon payment of costs to such opposite parly, and the withdrawal of the record or postponement of the trial, as aforesaid, as the Court or .ludge may think reasonable. 7 W. 4, c. 3, s. 15. After amend- SI 8. In case after any amendment as aforesaid the trial be J"^"'' !''!:'"*' proceeded with, the same shall proceed in the same manner in thoii™h''no ^ all respects, both with regard to the liability of witnesses to be such vHriance indicted for periury, and otherwise, as if no such variance had had appearrd. it liV :; a i c appeared. 7 W. 4, c. 3, s. 15. On trial nt WMt @B9. In case such trial is had at Nisi Prius, the order for ^e'ndmenTio' the amendment shall be endorsed on the Record, and returned be endorsed on therewith ; and thereupon such papers, rolls and other records of ali'd'recordsTo* the Court from which such record issued, as it may be neces- Leamendedac- sary to amend, shall be amended accordingly, and the order cordingly. ^^^ amendment shall be entered on the roll or other document upon which the trial is had. 7 W. 4, c. 3, s. 15. Party (lissatis- S24>. Any party dissatisfied with the decision of the fiedwiihthe Judffe at M.ve Prius. respecting his allowance of any such amendment "o i*^,^ c i-i. , may apply fof amendment, may apply to the Court Irora which tiie record new trial. issued for a new trial upon that ground ; and in case such Court thinks tiie amendment improper, a new trial shall be granted accordingly, on such terms as the Court may think fit, or tlie Court shall make such other order as to them may seem meet. 7 W. 4, c. 3, s. 15. instead of 391. In any such case of variance, the Court or Judge 3ui"tmaw&^ instead of causing the record to be amended as aforesaid, may rect^thejury to direct the jury to find the fad or facts according to the cOTdin^'to"die evidence, and thereupon such finding shall be stated on the evidence, and record ; and notwithstanding the finding on the issue joined, if if variance be jj^g ("ourt in which the action is pendins; thinks the variance im- immatenal, -ii -ri -," t Courtmaygive material to the merits ot the case, and the mistatement such as cordhi^^toThe "O'^l'^ "o* havc prejudiced the opposite party in the conduct of merits^ the action or defence, such Court shall give judgment accord- ing to the very right and justice of the case. 7 W. 4, c. 3, s.'l6. The Courts S2^. The Courts and every Judge thereof, and any Judge S^L'^rii' I.?,?f sitti nc: at Nisi Prius, or for the trial of causes, may, a1 all times, amendments in amend all deiects and errors in any proceeding in civil causes, ceedi™-! L™' 'whether there is any thing in writing to amend by or not, and may be neees- whether the defect or error be that of the party applying to sary to full amend or not, and all such amendments may be made with or justice. . , ' -, , -J Without costs, and upon such terms as to the Court or Judge seems fit, and all such amendrnenis as may be necessary for the purpose of determining in the existing suit the real question in controversy between the parties, shall be so made. 19 V. n, 43, s. 291. COSTS 1859. Common Law Procedure. Cap. 22. 233^ COSTS OF THE DAY. 233. The Act of the Parliament of Great Britain, passed The British Act in the fourteenth year of the Reign of King George the Second, no!to*^bem' ^'' intituled, An Act to prevent inconveniences from delays o/" ''orce in u. c. causes after issue joined, so far as the same relates to judgment as in case of a nonsuit, shall not be in force in Upper Canada. 19 V. c. 43, s. 149. 234. In case a notice of trial or assessment be given and not Costsofthe day duly countermanded, and in case the party who gave the notice P''°^"^e<"<"" of trial or assessment do not bring the issue to trial or assess the damages, such party shall for such default pay the costs of the day to the party to whom such notice was given. 2 G. 4, c. 1, s. 36,-19 V. c. 43, s. 148. 225. The rule for costs of the day for not proceeding to Rule for coet« trial or assessment pursuant to notice, or not countermanding o'lhedayon ,y^ . . ^ ,1 rr' 1 • • > affidavit. m suiiicient time, may be drawn up on aindavit without motion made in Court. 19 V. c. 43, s. 148. TOWN AND COUNTRY CAUSES. 22©. fn the Superior Courts, causes in which the venue is Town cause* laid in the United Counties of Yorl< and Peel, or in the County °a^^serd"sliL of York alone, when no longer united with the said County of guished. Peel, shall be called Town causes, and all other causes shall be called Country causes. 19 V. c. 43, s. 150. 227. In case issue be joined in any cause, in either of the if plaintiff Superior Courts, and the Plaintiff neglects to bring such is- "egiectstogo , ' . J ^ ., .■ r 1 1 • ii ■* • ^ to trial within a sue on to be tried, at the times tollowing, that is to say, certain time in Town causes where issue is joined in, or in the vacation ?'!^ri^}l®. before Hilary, Trinity or Michaelmas Term, and the Plaintiff d^'ntmay^Ye neglects to bring the issue on to be tried at or before the notice to plain- second Assizes following such term, or if issue be joined in sue'totriaf,&o. or in the vacation before Easter Term, then if the Plaintiff neglecis to bring ihe issue on to be tried at or before the first Assizes after Easter Term, — and in Country causes where issue is joined in, or in the vacarion before Hilary or Trinity Term, and the Plaintiff neglects to bring the issue on to be ^ tried at or before the second Assizes following such Term, or if issue be joined in, or in the vacation before Easter or Michael- mas Term, — and the Plaintiff neglects to bring the issue on to be tried at or before the first Assizes after such Term ; or in case issue be joined in any cause in any County Courts, if the Plaintiff neglects to bring the issue on to be tried at the first sittings of the Court after issue joined, then upon such neglect in any of the Courts respectively, and whether the Plaintilf has in the meantime given notice of trial or not, the Defendant may give twenty days' notice to the Plaintiff, to bring the issue on to be tried at the Assizes, or sittings of 234 Cap. 22. Common Law Procedure. 22 Vict. of the County Court next after the expiration of the notice ; and if the Plaintiff afterwards neglects to give notice of trial for such Assizes or Sittings, or to proceed to trial as re- quired by the notice given by the Defendant, the Defendant may suggest on the record that the Plaintiff has failed to proceed to trial, although duly required so to do, (which sug- gestion shall not be traversable, but only be subject to be set aside if untrue,) and the Defendant may sign Judgment for his costs ; but the Court or a Judge may extend the time for proceed- ing to trial with or without terms ; and no rule for trial by proviso shall hereafter be necessary. 19 V. c. 43, s. 151,-19 V. c. 90, s. 15. TRANSMISSION AND DELIVERY OF NISI PRIUS RECORDS, &C. On receiving notice, Deputy Clerks of tlie Crown to transmit JVisi J'rius record to Toronto, sealed up, &c. Failure to be a contempt. After such no- tice, a party may move al- thouffh the re- cord be not in Court ; first fil- ing ailidavit of notice. ^S8. Every Deputy Clerk of the Crown shall, within twenty- four hours after notice in writing delivered to him in his office, for that purpose, and payment of the necessary postage, enclose, seal up and transmit by post to the proper principal office at Toronto, addressed to the Clerk thereof, any record of Nisi Prius in his custody mentioned in such notice, together with all exhibits filed at the trial, and in default thereof, he may be adjudged guilty of a contempt of Court, and be dealt with in the discretion of the Court accordingly ; and if, after such notice, the Nisi Prius record be not in Court at the time of moving any rule requiring a reference thereto, the party moving may, on filing an affidavit of the service of notice, and that the record, on search, has not been found in the said princi- pal office, be allowed by the Court to move such rule without the production of the Record of iVm Prius. 14, 15 V. c. 118, s. 6,-20 V. c. 57, s. 3. Whenandhow S39. The said Deputy Clerks of the Crown shall, after the Deputy Clerks ^jj^^g f^j. ^}jg moving for new trials has expired, deliver to the shall deliver re- . ° .ii it^ r' ,.,. cord or exhibits Attorney ol the party entitled to . the Postea, any record in their to Attorney or custody upou getting a receipt for the same, but they shall not deliver to any party any Exhibit filed, without a Judge's order to that effect. 14, 15 V. c. 118, s. 2. parties. Attorney enti- 33©. After verdict or non-suit, the Attorney of the party tlfprepare'the entitled to the Postea in the cause shall prepare the same. 14, same. 15 V. c. 118, s. 4. RULES FOR NEW TRIALS, OR TO ENTER A VERDICT OR NON SUIT. Grounds to be stated in Rule 2Visi for new trial. Court may al- low amend- ments. fSS 1 . In every rule Nisi for a new trial or to enter a verdict or non-suit, the grounds upon which such rule has been granted shall be shortly stated therein ; but in case of any omission, the Court may permit the rule to be amended and served again on such terms as are deemed reasonable. 19 V. c. 43, s. 168. 232, 1859. Common Law Procedure. Cap. 22. 235 23^. If a new trial be granted on the ground that the When costs lo verdict is against evidence, the costs of the first trial shall abide abide the event, the event, unless the Court otherwise order. 19 V. c. 43, s. 168. 233. Incases in the County Courts, verdicts or non-suits may County Courts be set aside and new trials granted, or Judgments be arresled, ™ay set aside , ,., 1 1 ". . ,' ■ 1 ,-, . ^ ' non-smts or upon the like grounds and principles as in the Superior Courts, grant new but no motion for any such purpose shall be entertained after '"'*'^- the rising of the Court on the second day of the term ensuing the rendering of the verdict or the non-suit. 8 V. c. 13, s. 43. ARREST OF JUDGMENT, AND JUDGMENT noK obstante Veredicto. 234. Upon any motion made in arrest of Judgment or Proceedings on for Judgment non obstante veredicto by reason of the non aver- J.e°t'of iu'tTo--"^" ment of some material fact or facts, or of some material allegation ment or for or other cause, the party whose pleading is alleged or adjudged 1,"^^^^™' "°" to be iherein defective, may, by leave of the Court, suggest the existence of the omitted fact or facts or other matter which if true would remedy the alleged defect ; and such suggestion Suggestion of may be pleaded to by the opposite party within eight days after J^hosg^fead^ notice thereof, or such further time as the Court or a Judge may ing is objected allow, and the proceedings for trial of any issues joined upon '°- such pleadings shall be the same as in an ordinary action. 19 V. c. 43, s. 217. 235. If the fact or facts suggested be admitted or be found ifsuggestion to be true, the party who suggested them shall be entitled to such ^ '""""^ "'"'^' Judgment as he would have been entitled to if such fact or facts or allegations had been originally stated in the pleading and proved or admitted on the trial, together with the costs of and occasioned by the suggestion and proceedings thereon ; but ir untrue. if such fact or facts be found untrue, the opposite party shall be entitled to his costs of and occasioned by the suggestion and proceedings thereon, in addition to any other costs to which he may be entitled. 19 V. c. 43, s. 218. C0:\FESSIONS, FILING THE SAME AND JUDGMENTS THEREON. 236. Final judgment upon a cognovit actionem or Warrant As to judgment of Attorney to confess judgment given or executed before the °" ''"S'"""*"' suing out of any process, may, at the option of the Plaintiff, be entered in any office of either of the said Superior Courts, and in like manner and like circumstances final judgment may be entered on a cognovit actionem or Warrant of Attorney to confess judgment for an amount not exceeding four hundred dollars, in any County Court, unless some particular office or some particular County Court for that purpose be expressly stated in the cognovit or warrant. 19 V. c. 90, s. 6, — 19 V. c. 43, s. 10. 286 Cap. 22. Common Law Procedure. 22 Vict. Confessions @S7. No confession of judgment or co'snovif actionem shall giverfrierfhis ^^® valid or eifeclual to support any judgment or writ of execu- Ac-tio i.e regis- lion, Unless, within one month after the same has been given, the tered. same, or a sworn copy thereof, be filed of record in ihe proper office of the Court in the County in which the person giving such confession of judgment or co^^novit actionem resides ; and a book shall be kept in every such office to be called the Cognovit Book, in which shall be entered the names of the Plaintiff and Defendant in every such confession or cognovit, the amount of the true debt or arrangement secured thereby, the time when judgment may be entered and execution isssned thereon, and the day when such confession or cognovit, or copy thereof, is filed in the said office ; and snch book shall be open to inspec- tion by any person during office hours, on the payment of a fee of twenty cents. 20 V. c. 57, s. 17. JUDGMENT AND WRITS OF EXECUTION. When final SII8. The party in whose favour a verdict has been Iw'eSerecL""''^ rendered, or when the Plaintiff has been non-suited at the trial, the Defendant may, in the Superior Courts, enter final judg- ment on the fifth day, and in the County Courts on the third day of the Term next following such verdict or non-suit, and thereupon sue out execution. 19 V. c. 43, ss. 182, 184, — 8 V. c. 13, s. 42. After verdict or Sel?>. In Case the Plaintiff or Demandant in any action non-suit, Jud- or suit becomes non-suit, or a verdict be ffiven or damages ce may certify , ,. i m • -re i^ i .^ ? i rr, that execu'.ion assessed lor the Plaintirl or Demandant, Defendant or Tenant, f "^h" "ii'^"'' ^^^ Judge before whom any issue joined in any such action is tried, or before whom damages are assessed, may certify under his hand on the back of the Record, at any time before the end of the Sittings or Assizes, that in his opinion execution ought to issue in such action forthwith, or at some day to be named in such certificate, and subj-r'Ct or not to any condition or qualification, and in case of a verdict or damages assessed for the Plaintiff, then either for the whole or any part of the Taxing costs, sum foundby such verdict or assessment, in all which cases costs may be taxed in the usual manner, and judgment may Execution. be enlered and execution issued forthwith or afterwards on any day in vacation or term, according to the terms of such Entering Certificate, and the pnstea with such certificate as a part thereof, jiostea. shall be entered of record as of the day on which the judgment is signed ; but the party entitled to such judgment may postpone ttie signing thereof. 19 V. c. 43, s. 182,-8 V. c. 13, s. 42. ^4i|>. In all actions where the Plaintiff recovers a sum of recovered to be money, the amount to which he is entitled may be awarded to Sum of money recovered to bi awarded gene- rally. him by the judgment generally, without any distinction being therein made as to whether such sum is recovered by v/ay of a debt or damages. 19 V. c. 43, s. 144. 241. 1859. Common Law Procedure. Ctip. 22. 237 241. Every judgment signed by virtue of the two hundred and Entry and re- thirty-ninth section maybe entered and recorded as the judgment Jj^Jn "' ^"''^' of the Court wherein the action is pending, though the Court may notbe sitting on the day of the signing thereof, and shall be as effectual as if the same had been signed and recorded according to the course of the common law. 19 V. c. 43, s. 183. 94'3. Notwithstanding any Judgment signed or recorded Judgment may or execution issaed by virtue of the two hundred and thiriy- ^^'*'^'^"'''' ninth and two hundred and ibriy-firsl sections, the Court in which the action is brought may order such Judgment to be vacated and execution to be stayed or set aside, and may enter an arrest of Judgment or grant a new trial or a new assessment of damages, as justice may appear to require, and thereupon the parly affected by such Writ of Ex- Consequence ecution shall be restored to all that he may have lest thereby, in °^"* being so. like manner as upon the reversal of a Judgment by Writ of Error, or otherwise as the Court may think fit to direct; but any application to vacate sach Judgment must be made within the first four days of the Term in the Superior Courts, and within the first two days in the County Courts next after the rendering of the verdict. 19 V. c. 43, s. 184. S43. Every Deputy Clerk of the Crown and Pleas and Deputy cierk every County Court Clerk shall keep a regular book, in which formmuting"ii shall be minuted and docketed all Judgments entered by such judgments, &c. Deputy Clerk or County Court Clerk, and such minute shall contain : 1. The name of every Plaintiff and Defendant ; 2. The date of the issue of the first process ; 3. The date of the entry of Judgment ; 4. The form of action, and the amount recovered, exclusive of costs ; 6. The amount of costs taxed , and 6. Whether such Judgment has been entered on verdict, default, confession, nonpros, non suit, discontinuance, or how otherwise, 19 V. c. 43, s. 15,-19 V. c. 90, a 7. 244. Within three months after the entryof each Judgment, Judsmentsto by a Deputy Clerk of the Crown, he shall transmit to the principal ^j arporonto*' Cierk of the proper Court in Toronto, every sucli Judgment- roll and all papers of or belonging thereto, and such Judg- ment shall be also docketed in the principal office, and in if the original case in any of the. Courts the original Judgment-roll happens ^'^p/* ^^l' ^ to be lost or destroyed, so that no exemplification or exam- used. ined copy thereof can be procured, a copy of the entry in any 238 Cap. 22. Common Law Procedure. 23 Vict. Deputy Clerks may give cer- tificates of judgments en- tered by them, which certifi- cates may be registered in the proper County and bind lands. any of such docket books, certified by the Clerk or Deputy Clerk of the Crown, or by the Clerk of the County Court having such book in his custody, shall be evidence of all matters therein set forth and expressed. 19 V. c. 43, s. 15,-19 V. c. 90, s. 7. 345. When any such Deputy or any County Court Clerk enters up Judgment in any of the said Courts, he may give to the party on whose behalf it is entered, or to his legal representative, a certificate signed by him, of such Judgment, containing the like particulars as are required in certificates of Judgments given by the Clerks of the Crown and Pleas, and such certificate may be registered in the Registry Office of any County in Upper Canada, and the same certificate and the registration thereof shall have like force and effect in binding or operating as a charge upon lands, tenements and hereditaments situated within such County, as if the certificate had been granted by one of the (Jlerks of the Crown and Pleas at Toronto. 19 V. 43, 15,-19 V. 90, s. 7. Writs of Exe- cution. 34®. All Writs of Execution may issue from the offices where- in the Judgment has been entered, and in the Superior Courts, after the transmission of the roll to the principal office, such Writs may, at the option of; ne party entitled thereto, be issued out of such principal office. 13, 14 V. c. 52, s. 3, — 19 V.'c. 43, s. 11. Writ to She- 24'?. It shall not be necessary to issue any Writ directed Cou°nty where ^° ^^^ Sheriff of the County in which the vetiue is laid, but tiieDe;m«!s Writs of Exccution may issue at once into any County and be chspSsed'^^ih ^lirected to and executed by the Sheriff of any County without ' reference to the County in which the venue is laid, and with- out any suggestion of the issuing of a prior Writ into such County. 19 V. c. 43, s. 186. It shall still be 248. Where, at the time this Act takes effect, it is necessary sue^Ttl '° ^° ^^^ ^^^ process of execution against the person into any par- tion in the pro- ticular County in order to charge bail, the same shall continue char*^e"ba'a '° ^° be necessary, notwithstanding any thing contained in this Act. 7 W. 4, c. 3, s, 33. Duration of Writs of Exe- cution. Renewal. 249. Except Writs of Capias ad Satisfaciendum, every Writ of Execution shall bear date and be tested on the day on which it js issued, and shall remain in force for one year from th| teste, (and no longer if unexecuted,) unless renewed, but such Writ may, at any time before its expira- tion, be renewed by the party issuing it, for one year from the date of such renewal, by being marked in the margin, with a memorandum to the effect following : " Renewed for one year from the day of ,» signed by the Clerk or Deputy Clerk of the Crown or Clerk of the County Court Avho issued such Writ, or by his successor in office ; and a Writ 1859. Common Law Procedure. Cap. 22. 239 Writ of Execution so renewed shall have the effect and be Jiiiect of re- entitled to priority according to the time of the original de- "'^^"'■ livery thereof to the Sheriff. 19 V. c. 43, s. 189. 3o0. The production of a Writ of Execution, marked as Evidence of renewed in manner aforesaid, shall be sufficient evidence of ''«"^''*'- its having been so renewed. 19 V. c. 43, s. 190. S5 1 . In case any suit of the proper competence of a Divi- When lands not liable unless r~i • - ■ 1-1111- - the judgment Court, no execution against lands shall issue, unless the pxceeds forty sion Court be brought in a Superior Court, or in a Counly [J^^ udo-ment amount of the judgment exceeds forty dollars. 13, 14 V. c. 53, 'i°"'»i'«- s. 78. GOODS AND LANDS NOT TO BE JOINED IN THE SAME EXECUTION. 2o2. Goods and chattels, lands and tenements shall not be Goods-and included in the same Writ of Execution, nor shall any execution inciuded'iri°the issue against lands and tenements until the return of an execu- same Writ, and tion against goods and chattels ; nor shall the Sheriff expose the i^ds^^oTtobe lands to sale within less than twelve months from the day on returnable or which the writ is delivered to him. 43 G. 3, c. 1, ss. 1, 2. iTanfslomhs! INVENTORY AND SALE OF GOODS. 333. In case any goods or chattels be seized in execution sheriff to deli- under a writ issued out of either of the Superior Courts of ver inventory to Common Law or of any County Court, the Sheriff, his deputy or ^^ ^' officer, who seized the same, shall, on request, deliver to the owner, his agent or servant, an inventory thereof before they are removed from the premises on which they have been so seized ; and no Sheriff or other officer shall sell any effects under a Writ of Execution until he has, previously thereto, given at least eight days' public notice in writing of the time and place of sale at the most public place in the Municipality where such effects have been taken in execution. 61 G. 3, c. 6, ss. 2, 3, — 49 G. 3, c. 4, s. 5. EXEMPTION. 2o4. The necessary wearing apparel, the bed and bedding, Apparel, tools, and one stove and the cooking utensils, of a party against ^o^exe^mion whorn any Writ of Execution issues, or of his family, and also the tools and implements of his trade to the value of sixty dollars, shall be protected from seizure under any execution from either of the said Superior Courts or from-, any County Court. 20 V. c. 57, s. 23,— See 22 V. c. 96, s. 12. STOCK MAY BE SOLD. 255. The stock held by any person in any bank or in any Bank stock and corporation or company in Upper Canada, having a joint other^stocks transferable slock, may be taken and sold in execution in the execution. same 240 Cap. 23. Common Law Procedure. 22 Vict. same manner as other personal property of a debtor. 2 W. 4, c. 6, s. 1,--See 12 V. c. 73, s. 1. To ba transfer- SsiS. Upon the production of a certificate under the hand rfi.T"'r h*"^' ^"'^ ®^^^ °^ office of the Sheriff, declaring to whom any stock Sheriu; taken upon an execution has been sold by him, the cashier of the bank, or the proper officer of any other such company or corporation, the stock of which has been sold, shall transfer such stock from the name of the original stockholder to the person named in the certificate as the purchaser under the execution ; and such purchaser shall thenceforth be entitled to receive all dividends and profits arising from such stock, and in all other respects be considered in the place of the for- mer stockholder. 2 W. 4, c. 6, s. 2. The interest of fBTsl . The Sheriff or other officer to whom any Writ of Fieri mortgagors Fadan affainst the lands and tenements of any Morta:aa:or of may be sold m _,_='.,. , . , , . •' • ° n exeeutioa. Real Estate IS directed, may seize or take m execution, sell and convey, (in like manner as any other Real Estate might be seized or taken in execution, sold and conveyed,) all the legal and equitable interest of such Mortgagor in the Mortgaged lands and tenements. 12 V. c. 73, s. 1. Effect of such ®38. The effect of such seizure or taking in execution, sale ^^^' and conveyance, of any such Mortgaged lands and tenements, shall be to vest in the purchaser, his heirs and assigns, all the legal and equitable interest, of the Mortgagor therein at the time the Writ was placed in the hands of the Sheriff or other Officer to whom the same is directed as well as at the time of such sale, and to vest in such purchaser, his heirs and assigns, the same rights as such Mortgagor would have had, if such sale had not taken place ; and the purchaser, his heirs or assigns, may pay, remove or satisfy, any Mortgage, charge, or lien, which at the time of such sale existed upon the lands or tenements so sold, in like manner as the Mortgagor might have done, and thereupon the purchaser, his heirs and assigns shall acquire the same estate, right and litle, as the Mortgagor would have acquired, in case the payment, removal or satisfaction had been effected by the Mortgagor, and on payment of the Mortgage money to the Mortgagee by the purchaser, his heirs or assigns, the Mortgagee, his heirs, or assigns shall, if required, give to such purchaser, his heirs or assigns, at his or their charge, a certificate of payment or satisfaction of such mortgage, which ■certificate may be in the following form, that is to say : To the Registrar of the County of I, A. B., of , do certify that C. D., of who hath become the purchaser of the interest of E. F., of , halh satisfied all money due upon a certain Mort- gage made by the said E. F. to me, bearing date the day 1859. Common Law Procedure. Cap. 22. 241 day of , one thousand eight hundred and and registered at of the clock in the forenoon {as the case may he) of the day of , in the same year [or as the case may be,) and that such mortgage is there- fore discharged. As witness my hand, this day of , one thousand eight hundred and E. H. of G. H. of (Signed,) A. B. Witnesses. And such certificate shall be of the like effect, and shall be acted upon by Registrars and others to the same extent as if the same had been given to the Mortgagor, his heirs, executors, administrators or assigns. 12 V. c. 73, s. 2. 259. Any Mortgagee of lands and tenements so sold, or the Mortgagee heirs or assigns of such Mortgagee, (being or not being Plaintiff may become or Defendant in the judgment whereon the Writ of Fieri Facias she'iifl4"a?eg under which such sale lakes place has issued) may be the pur- chaser at such sale, and shall acquire the same estate, interest and rights thereby as any other purchaser ; but in the event of the Mortgagee becoming such purchaser, he shall give to the Mortgagor a release of the mortgage debt, and if any other per- son becomes such purchaser, and if the Mortgagee enforces pay- ment of the Mortgage debt against the Mortgagor, then such pur- chaser shall repay the amount of such debt and interest to the Mortgagor, and in default of payment thereof within one month after demand, the Mortgagor may recover from such pur- chaser the amount of such debt and interest, in an action for money had and received, and until such debt and interest have been repaid to the Mortgagor, he shall have a charge therefor upon the mortgaged lands. 12 V. c. 73, s. 3. 560. On any writ, precept or warrant of execution against The interest of goods and chattels, the Sheriff or other officer to whom the same ^ mortgagor in P,. , '. 1111- ■ ci goods mortga- is directed, may seize and sell the interest or equity oi redemp- gedmay be tion in any goods or chattels of the party against whom the ^p''' '" eiecu- writ has issued, and such sale shall convey whatever interest the mortgagor had in such goods and chattels at the time of the seizure. 20 V". c. 3, s. 11, — and see 12 V. c. 73, s. 1. MONEY AND SECURITIES. 561. The Sheriff or other officer, having the execution of sheriflmay any Writ of Fieri Facias against goods sued out of either of the n'^j'^gecuritwa Superior Courts of Common Law, or out of any County Court, for money. or of any precept made in pursuance thereof, shall seize any money or bank-notes (including any surplus of a former execu- tion against the debtor), and any cheques, bills of exchange, promissory notes, bonds, mortgages, specialties or other securi- ties for money, belonging to the person against whose effects p the 242 Cap. 2%. Common Law Procedure. Vict. the Writ of i^tmFaaas has issued, and shall pay or deliver to the party who sued out the execution, any money or hank-notes so Money seized Seized, Or a sufficient part thereof, and shall hold any such to be paid over cheques, bills of exchaugc, promissory notes, bonds, specialties onftUe^execu- Or Other securities for money, as a security or securities for the tion. amount by the writ and indorsement thereon directed to be levied, or so much thereof as has not been otherwise levied or raised, and such Sheriff or other officer may sue in his own name for the recovery of the sums secured thereby, when the time of payment thereof has arrived. 20 Y. c. 57, s. 22. Payment thereon to tlie Sheriff to be valid. S©2. The payment to such SherifFor other officer by the party liable on any such cheque, bill of exchange, promissory note, bond, specialty or other security, with or without suit, or the recovery and levying execution against the party so liable, shall discharge him to the extent of such payment or of such recovery and levy in execution, [as the case may be,) from his liability on any such cheque, bill of exchange, promissory note, bond, specialty or other security. 20 V. c. 57, s. 22. Sherifl'to pay 263. The Sheriff or other officer shall pay over to the party over moneys y/ho sued out the Writ, the money so recovered, or a sufficient sum to discharge the amount by the writ directed to be levied. Surplus to be paid to the 264. If, after satisfaction of the amount, together with Sheriff's partv against poundage and expenses, any surplus remains in the hands of ■whom the exe- the Sheriff Or Other officer, the same shall be paid to the party ""*" " ' against whom the writ issued. cution liisues. Sheriff not ix>und to sue until secured. SS5. No Sheriff or other officer shall be bound to sue any party liable upon any sut^h cheque, bill of exchange, promissory note, bond, specialty or other security, unless the party who sued out the execution enters into a bond with two sufficient sureties to indemnify such Sheriff or officer from all costs and expenses to be incurred in the prosecution of the action, or to which he may become liable inconsequence thereof; and the expense of such bond may be deducted out of any money re- covered in such action. 20 V. c. 57, s. 22. PRIORITY OF EXECUTIONS. Cases of exe- cution from County Courls and Division Courts at the same time against the same debtor provided for. 2iS6. Where a writ against the goods of a party has issued from any of such Courts, and a warrant of execution against the goods of the same party has issued from a Division Court, the right to the goods seized shall be determined by the priority of the time of the delivery to be executed of the writ to the Sheriff, or of the warrant to the Bailiff of the Division Court ; and the Sheriff, on demand, shall, by writing signed by him or his deputy or a clerk in his office, inform the Bailiff of the precise time of such delivery of the writ, and the Bailiff, on demand, shall shew his warrant to any Sheriff's officer ; and such writing purporting to be so signed, and the endorsement on the warrant shewing 1859. Common Law Procedure. Cap. 22. 243 shewing the precise time of the delivery of the same to such Bailiff, shall respectively be sufficient justification to any Bailiff or Sheriff acting thereon. 20 V. c. 57, s. 24. NOTICE OF SALE OF LANDS. @67. Before the sale of real estate upon execution against Notice of sale lands and tenements, the Sheriff shall publish an advertisement o'lfids in exe- of sale in the Canada Gazette, at least six times specifying : '""'""' First — The particular property to be sold ; Second — The names of the Plaintiff and Defendant ; Third — The time and place of the intended sale ; and he shall, for three monthsnextprecedingthe sale, also publish such advertisement in a public newspaper of the County in which the lands lie, or shall for three months put up and continue a notice of such sale in the office of the Clerk of the Peace, or on the door of the Court House or place in which the Court of General Quarter Sessions for such County is usually holden ; but nothing herein contained shall be taken to prevent an ad- journment of the sale to a future day. 2 G. 4, c. 1, s. 20. 268. The advertisement in the Official Gazette of any Notice in Ga- lands for sale under a Writ of Execution, durins; the currency zette shall con- r 1 TTT- • / • • ^ ^ 1 r • 1 • • c Slltute inclpi- ot the Writ, (giving some reasonably deiinite description oi ent execution, the land in such advertisement) shall be deemed a sufficient commencement of the execution to enable the same to be com- pleted by a sale and conveyance of the lands after the Writ has become returnable. 19 V. c. 43, s. 188. 'J If the Sheriff goes out of office during the currency of [fsheria leaves any Writ of Execution against lands, and before the sale, such office, wssuo- Writ shall be executed and the sale and conveyance of the lands cute°Wrirs'°" be made by his successor in office, and not by the old Sheriff ; but against lands. any Sheriff may, after he has gone out of office, execute any Deed or Conveyance necessary to effectuate and complete a sale of lands made by him while in office. 19 V. c. 43, s. 187. POUNDAGE. 270. ITpon any execution against the person, lands or goods, sherifl?s the Sheriff may, in addition to the sum recovered by the judg- poun'^as^. ment, levy the poundage fees, expenses of the execution, and interest upon the amount so recovered from the time of entering the judgment. 2 G. ^, c. 1, s. 19, — 9 V. c. 56, s. 3.— See 19 V. c. 90, s. 24, and Tariff of fees, \8tli July, 1857. 271. In case a part only be levied on any execution against Limited to goods and chattels, the Sheriff shall be entitled to poundage, ^J""""' '^^^^^' p^ only 244 Cap. 22. Common Law Procedure. 22 Vict. only on the amount so levied, whatever be the sum endorsed on the Writ, and in case the real or personal estate of the defendant be seized or advertised on an execution but not sold by reason of satisfaction having been otherwise obtained, or from some other cause, and no money be actually levied on such execution, the Sheriff shall not receive poundage, but fees only for the services actually rendered ; and the Court out of which the writ issued, or any Judge thereof in vacation, may allow him a reasonable charge for any service rendered in respect thereof, in case no special fee be assigned in any table of costs. 9 V. c. 56, s. 2. WRITS OF CAPIAS AD SATISFACIENDUM. Teste and date of writs of Cffi. Sa. If to fix bail. 97S. Every Writ of Capias ad Satisfaciendum shall be tested and bear date the day on which it issues, and shall continue in force two months from the day of the date thereof inclusive and no longer, and no such writ shall be renewed, but on the expiration thereof a new Judge's order may be obtained in the manner directed by the twelfth section of the Act respecting arrest and imprisonment for debt. 373. Writs of Execution to fix bail may be tested and returnable in vacation. 19 V. c. 43, s. 192. debtors from custody. On what au- 274. A written order under the hand of the Attorney in the thoriiy sheritis cause by whom any Writ of Capias ad Satisfaciendum has been may isc arge jgg^gfj^ shall justify the Sheriff, Gaoler or person in whose cus- tody the party may be under such writ, in discharging such party, unless the party for whom such Attorney professes to act has given written notice to the contrary to such Sheriff", Gaoler or person in whose custody the opposite party may be, but such discharge shall not be a satisfaction of the debt unless made by the authority of the creditor, and nothing herein contained shall justify any Attorney in giving such order for discharge without the consent of his client. 19 V.c.43, s. 191. RULES TO RETURN WRITS, AND DUTV OF SHERIFFS AND CORONEBS THEREON. Deputy Clerks ot'tbe Crown and County Court Clerks 27S. Every Deputy Clerk of the Crown and Pleas, and in County Courts the Clerk, may sign and issue rules on any and process issued out of Sheriff" or Coroner to return writs tTretum wrifs^ ^^^ °^^^ °^ ^^^^ Deputy or County Court Clerk and directed .fea* um wn s, ^^ g^^j^ Sheriff" or Coroner ; and each Sheriff" or Coroner shall, in case of hisbeing served with any such rule, returnsuch writs to the office from which the same issued. 19 V. c. 43 s. 14. S7®. In case a writ delivered to a SheriflTfor service or exe- eniiiled to fees cution has remained in his hands fifteen days, and in case he KtmleAiui^ ^^^ °°t been delayed from returning the same by an order in writ- days alter being ing irom the jjarty Irom whom he received thcWrii, his attorney or Sherifl not 1859. Common Lmo Procedure. Cap. 22. 245 or agent, and in case he be afterwards ruled to return such ruled if deliver- writ, he shall not be entitled to any fees thereon unless, within !iliLlhl!,rn^ , ' (■ 1 • 111"' 1 ', . lore sucli ruling. tour days alter being so ruled, he returns or encloses the writ by post to such party, his attorney or agent. 3 W. 4, c. 8, s. 18. 977. In the taxation of costs no fees shall be allowed for When mileage the mileage or service of Writs of Summons or other mesne ""' allowed oa a , .,„.,.. . service of OT«j«e process unless served and sworn m the aiiidavit ot service to process uriiess have been served by the Sheriff, his Deputy or Bailiff, being a ^^'^'^^Y she- literate person (or by a Coroner when the Sheriff is a party to the suit,) nor unless a return of the Sheriff or Coroner (as the case may be) be endorsed thereon except in cases as provided in the eighteenth section of this Act. 19 Y. c. 43, s. 32,-20 V. c. 67, s. 28. 378. In case. at any time after the proper day for the return When Sherifls of any Avrit, or for the performance of any other duty or matter for''no{°et'urn- relating to the office of Sheriff or Coroner,application be made ing Writs. for a rule, or a rule be granted on him by any Court, for the return of the writ or performance of the duty or matter, he shall, unless the Court or a Judge otherwise orders, pay to the party making the application or obtaining the rule, all taxable costs thereon. 3 W. 4,c. 8,s. 17. 979. In case it appears to the Court or a Judge that the appli- If application cation for a rule is frivolous or vexatious, the Court or Judffe may, ['''^"'o"^, may 1-1 • I 1- • 1 I loi-rr !2, be allowed on discharging the application, order that the Sherifi or Coroner costs. shall be paid all taxable costs and expenses of opposing the same. 3 W. 4, c. 8, s. 17. 280. In case a writ be issued out of any Court of Record Attachments directed to a Sheriff or Coroner and be delivered to him for fornon-retum execution, and in case such Sheriff or Coroner be ordered be issued unless to return the same by any rule or order of the Court out of which further time for the writ issued, and does not make such return within the time "^^'""^ ^^^" specified in the order, any Judge having jurisdiction in the matter may grant to the Plaintiff or Defendant in the writ {as the case may be) a summons upon the Sheriff or Coroner to shew cause why a Writ of Attachment should not issue against him ; and the same or any other Judge having such jurisdiction may, at the return of the summons, discharge the same, or order a Writ of Attachment to issue against the Sheriff or Coroner, or limit a further period after which such Writ of Attachment shall issue unless a return be made in the meantime, or otherwise order, as to such Judge seems proper under the circumstances. 7 y. c. 33, s. 1. S81. In case such writ be not returned at the expiration of ^''^'■it™'.''«- any further time limited by the order of the Judge, as mentioned ex'tendJd'timo in the last preceding section, and in case the service of such order s'^en byJndge, and the failure of the Sheriff' or Coroner to return the writ be may issue in proved, 246 Cap. 22. Common Law Procedure. 22 VicT. term or vaoa- t.'on proved, the Court in term time, or any Judge having jurisdic- tion as aforesaid in vacation, may order a Writ of Attachment to issue forthwith against the Sheriff or Coroner. 7 V. c. 33, s. 2. Judge in Cham- bers may order issue of Writs of Haheas Corjms. S§2. Upon the return of " Cepi Corpus" to any attachment in vacation, any Judge having jurisdiction as aforesaid may direct the issue of a Writ of " Habeas Corpus" and there- upon may exercise the same powers and discretion in commit- ting the Sheriff or Coroner to close custody, or in admitting him to bail, and in all other respects, as are possessed by the said Courts respectively in Term time. 7. V. c. 33, s. 3. Such "Writs may be return- able in term or vacation. S85B. All Writs of Attachment and " Habeas Corpus^' issued against any Sheriff or Coroner may be returnable on a day certain in vacation to be fixed by order of the Judge or Court ordering the same ; and such return day shall not be more than thirty days from issuing the writ, and when the writ is returnable in vacation, it shall, when issued out of the Supe- rior Courts, be made returnable before the presiding Judge in Chambers, and when issued out of any County Court, before the Judge thereof. 7 V. c. 33, s. 4. Sheriff or Co- roner not re- turning Writs within three niontlis after attachment executetf, to forfeit oIBce. 284:. Any Sheriff or Coroner who does not return any writ issued out of any of the said Courts within three months after a Writ of Attachment for not returning the same has been executed against him, shall forfeit his office ; and if he continues after the expiration of such period to exercise the duties of his office without having been duly re-appointed to the game, he shall forfeit and pay the sura of four hundred dollars to any person who sues therefor in any of Her Majesty's Courts of Record having competent jurisdiction ; but no such suit shall be brought after the expiration of twelve months from the time such forfeiture was incurred. 7 V. c. 33, s. 5. Costs of pro- ceedings to en- force return of Writs to be in discretion oi Judge. Act not to in- ter/i?re with existing re- medies. S85. The cost of any proceedings to enforce the return of pro- cess shall be in the discretion of the Court or of the presiding Judge, who may order them to be paid by the Sheriff or Coroner, or by either of the parties in the cause. 7 V. c. 33, s. 6. 28®. The two hundred and eightieth and following Sec- tions of this Act shall not be construed to interfere with or take away any remedy which existed before the passing thereof. 7 V. c. 33, s. 7. EXAMINATION OF DEBTORS — ATTACHMENT OF DEBTS. Examination of a judgment debtor as to what debts are due to him. 287. Anycreditor who has obtained a judgment in either of the Superior Courts may apply to the Court or a Judge there- of for a rule or order that the judgment debtor shall be orally examined before the Judge of any County Court or before any Clerk or Deputy Clerk of the Crown, or before any otbej person to 1869. Conwion Law Procedure. Cap. 22. 247 to be specially named, as to any and what debts are owing to him, and the Court or Judge may make such rule or order for the examination of the Judgment debtor, and for the production of any books or documents, and the examination shall be con- ducted in the same manner, as in case of an oral examination of an opposite party, and in the ease of a judgment in any County Court, such County Court or the Judge or acting Judge thereof may exercise similar jurisdiction in relation to such judgment, and in like manner as might be exercised by one of the Superior Courts sitting in Banc. 19 V. c. 90, s. 17,-^19 V. c. 43, s. 193. 28 8. Upon the ex parte application of such Judgment credi- Judge may on tor, either before or after such oral examination, and upon his afi&avirordCT^ affidavit or that of his Attorney, stating that Judgment has been auacJiment of recovered and that it is still unsatisfied and to what amount, »"«*» debts. and that some third person is indebted to the Judgment debtor and is withinthejurisdiction, a Judgedf any of the said Courts (as the case may be) may order that all debts owing by or accruing from such third person to the Judgment debtor shall be attached to answer the Judgment. 19 V. c. 90, s. 17, — 19 V. c. 43, s. 194. PROCEEDINGS AGAINST GARNISHEES. 289. Such third person is hereinafter called the garnishee, Andmayorfer and service upon him of an order that debts due or accruing to 'l^" pamisbee the judgment debtor shall be attached, or notice thereof to the °^''f"^''"'' garnishee in such manner as the Judge directs, shall bind such debts in his hands, and by the same or any subsequent order it may be ordered that the garnishee shall appear before the Judge or some officer of the Court to be specially named by such Judge, to show cause why he should not pay the Judgment creditor the debt due from him to the Judgment debtor, or so much thereof as may be sufficient to satisfy the Judgment debt ; but the two last preceding and this section shall not apply in actions commenced or carried on against a Defendant as an absconding debtor. 19 V. c. 90, s. 17,-19 V. c. 43, ss. \Mand 195. 290. If the garnishee does not forthwith pay into Court When prompt! the amount due from him to the judgment debtor, or an amount fj^u^a^'aiiSt''^ equal to the judgment debt, and does not dispute the debt due garnishee. or claimed to be due from him (o the judgment debtor, or if he does not appear upon summons, then the Judge may order execution to issue, and it may be sued forth accordingly, without any previous writ or process, to levy the amount due from such garnishee towards satisfaction of the judgment debt. 19 V. c. 43, s. 196. 291. If the garnishee disputes his liability, the Judge, li garnishee instead of making an order that execution shall issue, may nafiiii^ order that the j-udgment Greditor may proceed against the garnishee, 248 Cap. 22. Common Law Procedure. 22 Vigt. garnishee, by writ calling upon him to shew cause why there should not be execution against him for the alleged debt, or for the amount due to the judgment debtor if less than the judgment debt, and for costs of suit, and the proceedings^ upon such suit shall be the same, or as nearly as may Be, as upon a Writ of Revivor issued under this Act. 19 V. c. 43, s. 197. When fvarni- 39!S3. In cases in the Superior Courts, when the amount Lfore°cTuiiw claimed as due from any garnishee is within the Jurisdiction Court Judge m of a County or Division Court, the order to appear made underthe rior^ourts.^"" ^^° hundred and eighty-ninth section shall be for the garnishee to appear before the Judge of the County Court of the County within which the garnishee resides at some day and place within his County to be appointed in writing by such Judge — and written notice thereof shall be given to the garnishee at the time of the service of the order. 20 V. c. 57, s. IG. Execution from S93. If the garnishee does, not forthwith pay the amount ^sion^ourt'if ^^^ ^^ hjui, or an amount equal to the Judgment debt, the garnishee and docs uot dispute the debt due or claimed to be due thrdebt'*'^''""^ from him to the Judgment debtor, or if he does not appear before the Judge named in the order at the day and place ap^ pointed by such Judge, then such Judge on proof of ser- vice of the order and appointment having been made four days previous, may make an order directing execution lo issue out of the County Court or out of a Division Court according to the amount due, and such order shall without any previous writ or process, be sufficient authority for the clerk of either of such Courts to issue execution for levying the amount due from such garnishee. 20 V. c. 57, s. 16. The Sheriflor S®4. The Sheriff or Bailiff to whom such Writ of Execution iheamou'nT^ ^^ directed, shall levy the amount mentioned in the said execu- with costs and tion, towards satisfaction of the Judgment debt, together with '^^^ the costs of the proceeding, to be taxed, and his own lawful fees, according to the practice of the Coart from which such execution has issued. 20 V. c. 57, s. 16. Proceedings if S95. If the garnishee disputes his liability, then such Judge hfitoputesthe of the Couuty Court may order that the judgment creditor shall be at liberty to proceed against the garnishee according to the usual practice ofthe County or Division Court, as the case may require, for the alleged debt or for the amount due to the judgment debtor if less than the judgment debt, and for costs of suit. 20 V. c. 57, s. 16. Proceedings it S@©. In cases in the County Courts when the amount when'at^oZr claimed as due from any garnishee is within the Jurisdiction withmtheju- of a Division Court, the order to be made under the two hun- risdiction ofDi- vision ^on'courtf' dred and eighty-ninth Section, shall be for the garnishee to appear before the Clerk of the Division Court within whose Division the 1859. Common Law Procedure. Cap. 22. 249 the garnishee resides, at his office, at some day to be appointed in the said order by the Judge of the County Conrt ; and the said order shall be served on such garnishee, and if the gar- nishee do not forthwith pay the amount due by him or an amount equal to the judgment debt, and do not dispute the debt due or claimed to be due from him to the judgment debtor, or if he do not appear before the Division Court Cleric named in the order at his office at the day appointed by such Judge, then such Judge, on proof of the service of the order having been made fom- days previous, may make an order directing execu- tion to issue out of the Division Court of the Division in which such garnishee resides, according to the amount due, and such order shall without any previous summons or process, be sufficient authority for the Clerk of the said Division Court to issue execution to levy the amount due from such garnishee, and the bailiff to whom such Writ of Execution is directed shall be thereby authorized to levy and shall levy the amount men- tioned in the said execution towards satisfaction of the judg- ment debt, together with the costs of the proceeding to be taxed, and his own lawful fees ; but if the garnishee disputes his lia- bility, then such Judge may order that the judgment creditor in the said County Court shall be at liberty to proceed against the garnishee, according to the practice of the said Division Courts, for the alleged debt or for the amount due to the judg- ment debtor if less than the judgment debt, and for costs of suit. 20 V. c. 58, s. 4. ^97. Payment made by or execution levied upon the gar- ^"y™™"')' nishee under any such proceeding as aforesaid, shall be a valid | valid dis-' discharge to him as against the judgment debtor to the amount charge. paid or levied, although the proceeding should be afterwards set aside or the judgment be reversed. 19 V. c. 43, s. 198, — 20 V. c. 57, s. i6,— 20 V. c. 58, s. 4. S98. There shall be kept at the several offices of the Aitaciiment Clerks of the Crown and Deputy Clerks, and at the several County |'°the'°f^ce's''of Court offices, a debt attachment book, and in such book entries the Clerks of ahall be made of the attachment and proceedings thereon, with the Crown and names, dates and statements of th(^ amount recovered and other- '"''" """ wise ; and the mode of keeping such books shall be the same in all the offices, and copies of any entries made therein mn y Le taken by any person upon application to the proper officer. 19 V. c. 43, s. 199. 399. The costs of any application for an attachment of t'oNis of such debt under this Act, and of any proceedings arising from or in- "ri""^'-'""- cidental to such application, shall be in the discretion of the Court or Judge. 19 V. c. 43, s. 200. TO COMPEL SPECIFIC DELIVERY OF CHATTELS. SOO. The Court or a Judge upon the application of the Specitio deli- Plaintiff in any action forthe detention of any chattel, may, if he tdmay be '^'" or 250 Cap. 22. Common Law Procedure. 22 Vict compelled, and iiow. •Option to the plaintifT. Damage?, <:ost8, &e. or they see fit, order that execution shall issue for the return of the chattel detained, without giving the Defendant the option of retaining such chattel upon paying the value assessed, and may order that unless the Court or a Judge should other- wise direct, the Sheriff shall distrain the Defendant by all his lands and chattels in the said Sheriff's County, till the Defen- dant renders such chattel, or at the option of the Plaintiff, the Court or Judge may order the Sheriff to make of the Defendant's goods the value of such chattel ; but the Plaintiff shall, either by the same or by a separate Writ or Writs of Execution to be issued in the ordinary manner, be entitled to have made of the Defendant's goods or lands, the damages, costs and interest in such action. 19 V. c. 43, s. 201. THE HEVIVAL OF JUDGMENTS AND OTHER PROCEEDINGS BY AND AGAINST PERSONS NOT PARTIES TO THE RECORD. Execution without Scirt Facias or revi- ■val. 301. During the lives of the parties to a judgment, or of any of them, execution may be issued at any time within six years from the recovery of the judgment, without a revival thereof by Scire Facias, or by Writ of Revivor. 20 V. c. 57, s. 10,-20 V. c. 58, s. I,— And see 22 V. c. 97. Application for revival of judg- ment and exe- •oution there-, upon. In case it becomes necessary either by reason of lapse qf time to revive a judg- or of a change by Such applica- tion to be by summons or rule to shew cau?e. if the Court be satisfied. And if not. 302 ment, death or oth'erwise of the parties entitled, or liable to execution, the parly alleging himself to be entitled to execution may either sue out a Writ of Revivor in the form hereinafter mentioned, or apply to the Court or a Judge for leave to enter a suggestion upon the roll, to the effect that it manifestly appears to the Court that such party is entitled to have execution of the judg- ment, and to issue execution thereupon. 3©3. Such leave shall be granted by the Court upon a rule to shew cause, or by a Judge upon a summons to be served according to the practice of the Court, or in such other manner as the Court or Judge directs, and the rule or summons may be in the form (A) No. 9, or to the like effect. 19 V. c. 43, s. 203. 304. In case it manifestly appears upon such applica- tion, that the party making the same is entitled to execution, the Court or Judge shall allow such suggestion as aforesaid to be entered in the form (A) No. 10, or to the like effect, and execution to issue thereupon, ahd shall order whether or not the costs of such application shall be paid to the party making the same ; and in case it does not manifestly so appear, the Court or Judge shall discharge the rule or dismiss the Summons with or without costs ; but in the last mentioned case, the party making the application shall be at liberty to proceed by Writ of Revivor or action upon the judgment. 19 V. c. 43, s. 204. SOS. 1869. Comrrum Lmo Procedure. Cap. 22. 25 1 305. The Writ of Revivor shall be direcled to the party Writ of Revivor called upon to shew cause why execution should not be awarded, ?,"^ "thereon. and shall bear teste on the day it is issued, and after reciting the reason why such writ has beconae necessary, it shall call upon the party to whom it is directed, to appear within ten days after service thereof in the Court out of which it issues, to shew cause why the party at whose instance it is so issued should not have execution against the party to whom such writ is directed, and it shall give notice that in default of appearance, the party who issues such Avrit may proceed to execution. 19 V. c. 43, s. 205. 3®6. Such writ may be in the form (A) No. 11, or to the FomofWrit. like effect, and may be sued out and served in any County, and otherwise proceeded upon, whether in Term or Vacation, in the same manner as a Writ of Summons. 19 V. c. 43, s. 205. 307. The t'eMwe in a declaration upon such writ maybe Temmmzaiik laid in the County in which the writ has been sued out ; and '^''*^- the pleadings and proceedings thereupon, and the rights of th,e parties respectively to costs, shall be the same as in an ordinary action. 19 V. c. 43, s. 205. 308. Notice in writing to the Plaintiff, his Attorney or Notice to be » agent, shall be sufficient appearance to a Writ of Revivor. 19 pefrance *'"' V. c. 43, s. 205. 309. A Writ of Revivor to revive a Judgment less than ten Age of judg- vears old, shall be allowed without any rule or order ; but if '"^"' w''!;^" -- V 5 111 . I \ c A pet'ts Writs oi more than ten years old, then not without a rule of Court or Revivor. Judge's Order ; and if more than fifteen years old, not without a rule to shew cause. 19 V. c. 43, s. 207. 31®. Proceedings against Executors upon a Judgment of Against execn- assets in futuro may be had and taken inthe manner herein tors as to asset* provided as to Writs of Revivor. 19 V. c. 43, s. 216. mfumro. 311. All Writs of (SczVe Facias against bail on a recog- certain Writs nizance, or against members of a Joint Stock Company or other "'^f'^-^T'^j body, or upon a Judgment recorded against a public officer or u'pon fn^lke ^ other person sued as representing such Company or body, or '"*')"'"■*?, against such Company or body itself, and all such Writs by or yivor. *" against a husband to have execution of a Judgment for or against a wife, or for restitution after a reversal on Error or Appeal, or upon a suggestion of further breaches after Judgment, or for any penal sum pursuant to the Statute passed in the Sei-sion holden in the eighth and ninth years of the reign of King William the Third, intituled. An Act for the better preventing frivolous and vexatious suits, — shall be tested, directed and proceeded upon in like manner as Writs of Revivor. 19 V. c. 43, s. 206. 313. 252 Cap. 22. Common Law Procedure. Vict. Proceedingrs by Wril ol Revivor against the re- presentatives of deceased joint contractors au- thorized. Limitation of liability of Stookliolders in (chartered Banks or incor- porated Com- panies. 3 ! 3. In C3se of the death of any one or more of the Defen- dants in any aetit)n, against whom a joint Judgment has been entered, in any Court of Record, the Plaintiff or Plaintiffs, or the survivor or survivors of them, or the executor or adminis- trator of a sole Plaintiff or of the survivor, may proceed by Writ of Revivor against the representatives of such Defendant or Defendants, or by an application to the Court or a Judge as hereinbefore provided, notwithstanding there may be another Defendant still living, and against whom the Judgment may be in force ; but the property and effects of stockholders in Char- tered Banks, or the members of other Incorporated Companies, shall not be liable to a greater extent than they would have been if this Section had no't been passed. 1 V. c. 7, s. 2. PBOTISIONS WITH RESPECT TO COSTS. When costs in 313. In cases not otherwise provided for by Statute or Rule regulated i'° ''* '^^ Court, the allowance of costs to either party in civil suits • ■ " and penal actions, shall be regulated by the Laws of England. the Law of £ngland. 2 G. 4, c. 1, s. 38,-19 V. c. 43, s. 311. Costs on Writs 314. Until Otherwise ordered under the provisions of this under this A(t, Act, the costs of Writs issued and of all other proceedings under fore tintii other- the authority of this Ac), shall be and remain the same as at wse ordered, present established. Mileage. 3BS No mileage shall be taxed or allowed for the service of any Writ, paper or proceeding, "wathout an affidavit being made and produced to the proper taxing officer, stating the sum actually disbursed and paid for such mileage, and the name of the parly to whom such, payment has been made. 19 V. c. 90, s. 18. Party allowed «osts after judg' ment on de- murrer, &c. 3SS. In case judgment be given either for or against a Plaintiff or Demandant, or for or against a Defendant or Tenant, upon any demurrer joined in any action whatever, the party in whose favour the judgment is given shall also have judgment to recover his costs in that behalf. 7 W. 4, c. 3, s. 26. Defendants 317. In case several persons be made Defendants in any alter a'^W/™*" Personal action, and a Nolle Prosequi be entered as to any one proiey<«;, unless or more of them, or in case upon the trial of such action, a tifiej"''^''"' verdict passes for him or them, every such per.son shall have ' **' judgment for and may recover his reasonable costs, imless, in the case of a trial, the Judge before whom the trial is had, certifies upon the record under his hand, that there was a reasonable cause for making such person a Defendant in the action. 7 W. 4, c. 3, s. 24. Costs where 38 8. Where 2i Nolle Prosequi IS entered upon any count, naikproseim ^^ ^g j^ p^j,j ^f ^^^ declaration, tlie Defendant shall have judgment 1859. Common Law Procedure. Cap. 22. 253 judgment for his reasonable costs in that behalf. 7 W. 4, c. 3, entered as to 8, 25. P.^'*- °' declara- tion. SB 9. Upon an arrest of judgment or judgment nan o6- costs on arrest slante veredicto, the Court shall adjudge to the party against ?f judgment or whom such judgment is given, the costs occasioned by the ifc^^t^"'™"'' trial of any issues in fact arising out of the pleading for defect of which such judgment is given and upon which such party has succeeded, and such costs shall be set off against any money or costs adjudged to the opposite party, and execution may issue for the balance, if any. 19 V. c. 43, s. 219. 320. In all Writs ot Scire Facias, and of Revivor, the Plaintiff, piaintitr ailow- obtaining judgment on an award of execution, shall recover edcostsonMVe his costs of suit upon a judgment by defauh, as well as upon a j^g'^ent'^by judgment after plea pleaded, or demurrer joined. 7 W. 4, c. 3, default, &c. s, 36. 331. In every action brought by an executor or administrator Payment of in right of the testator or intestate, such executor or adminis- costs by exe- trator in case of being non-suited, or of a verdict passing against ministrators. " him, and in all other cases in which he would be liable if he were suing in his own right upon a cause of action accruing to himself, shall, unless the Court in which the action is brought, or a Judge thereof otherwise orders, be liable to pay costs to the Defendant, and the Defendant shall have judgment for such costs, and they shall be recovered in like manner. 7 W. 4, c. 3, s. 23. 3S2. In case the Plaintiff in any action does not obtain a circumstances verdict for the amount for which the Defendant has been arrested under wMcii and held to special bail, and in case upon motion to be made ■^i^"^ ^eid to in Court for that purpose, and upon hearing the parties by affi- special bail, davit, it be made to appear, to the satisfaction of the Court in "^Jost^sof'suit! which the action hasbeenbrought, that the Plaintiff had not any reasonable or probable cause for causing the Defendant to be arrested and held to special bail in such amount as aforesaid, such Court may, by rule or order, direct that the costs of suit shall be allowed to the Defendant, and the Defendant shall thereupon be entitled to such costs of suit, and the Plaintiff, upon such rule or order being made, shall be disabled from taking ou^ any execution for the sum recovered in such action, unless the same exceeds, and then in such sum only as the same exceeds the amount of the taxed costs of the Defendant, and in case the sum recovered in any such action is less than the amount of the taxed costs of the Defendant, then after deducting the sum of money recovered by the Plaintiff from the amount of the Defendant's costs to be taxed as aforesaid, he may take out execution for the balance of such costs in like manner as a Defendant may now by law have execution for costs in other cases. 49 G. 3, c. 4, s. I. 254 Cap. Common Law Procedure. 22 Vict. In actions on judgments, plaintiff not en- titled to <'.OSl3 unless by rule ofCourt. 3S3. In case of an action brought, upon any judgment recovered in any Court of Record of Upper Canada, or in any Division Court, the Plaintiff in such action shall notlae entitled to any costs of suit, unless the Court in which the action is brought, or some Judge of the same Court, otherwise orders. 49 G. 3, c. 4, s. 2,-13, 14 V. c. 53, s. 52, Plaintiff in trespass or tres- pass on the case, to recover no costs if the verdict be for less than eight dollars, unless the Judge cer- tifies certain facts. 334. If the Plaintiff in any action of trespass or trespass on the case, recovers by the verdict of a Jury less damages than eight dollars, such Plaintiff shall not be entitled to recover in respect of such verdict any costs whatever, whether the verdict be given on an issue tried or Judgment has passed by default, unless the Judge or presiding Officer before whom such verdict is obtained immediately afterwards, certifies on the back of the record that the action has really been brought to try a right besides the right to recover damages for Ihe trespass or griev- ance complained of, or that the trespass or grievance in respect of which the action has been brought was wilful and malicious. 19 V. c. 43, s. 313. This shall not 395. Nothing in the last section contained shall de- extend to cer- pj-jye the Plaintiff of costs in any action brought for a tain trespasies. '^ , , , / n i ,• trespass over any land, waste, close, wood, plantation or inclosure, or for entering into any dwelling, out building or premises in respect to which notice not to trespass had been previously served by or on behalf of the owner or occupier of the land trespassed over, or upon, or left at the last reputed, or Provision as to known place of abode of the Defendant in such action ; but mi'-^hthr^e"^'' nothing in this or in the last preceding section shall entitle any been brought Plaintiff to rccovcr costs as of an action brought in a Superior <3ourt.'°'^'^'" Court in any case where by law his action might properly have been brought in an Inferior Court. 19 V. c. 43, s. 312. Suits within the jurisdiction of County Courts may be brought in the Superior Courts subject to County Court eostsonly. How papers to lie endorsed. 33 S. In case any Plaintiff having a cause of action within the jurisdiction of a County Court, institutes and carries on such action in either of the Superior Courts of Common Law, and in case the papers and proceedings in the cause filed, issued or used in the Superior Court, be endorsed with the words " Inferior Jurisdiction, " then the Plaintiff or Defendant, and all persons and officers entitled to costs and fees therein, shall be allowed the usual costs and disbursements which would, and no more than v/ould, be allowable in case the action had been instituted and carried on in a County Court. 13, 14 V. c. 52, s. 1,-13, 14 V. c. 6.3, s. 78,-16 V. c. 177, s. 2,-18 V. c. 125, s. 4,-19 V. c. 13, s. 312. But in the ^^7. No Plaintiff having a cause of action within the juris- CountyofYork diction of the County Court, in the County of York, shall Jud^s's>t of institute or carry on such action in either of the Superior Courts, leave. unless the Plaintiff, before issuing the first Process in such action, obtains the Fiat oi one oi the Judges of one of such Superior Courts, allowing the Plaintiff to bring such action in one 1859. Common Law Procedure. Cap. 22. 255 one of such Superior Courts, on proof by affidavit to the satis- faction of such Judge that some important question of Law or evidence is likely to arise in such action rendering it advisable to have such action tried in such Superior Court. 19 V. c. 91 s. 1. 3S8. In case a suit of the proper competence of a County Costs in suits ' Court be brought in either of the Superior Courts of Common i™"gbt in Law, or m case a suit oi the proper competence ot a Division which might Court be brought in either of such Superior Courts or in a '"=.V"s!jtin County Court, the Defendant shall be liable to County Court costs or to Division Court costs only (a,? tlie case may be,) unless the Judge who presides at the trial of the cause certifies in open Court immediately after the verdict has been recorded, that it is a fit cause to be withdrawn from the County Court or Division Cout\, [as the case may be,) and brought in the Superior Court, or a County Court, [as the case may be,) and if the Extra costs paid Judge does not so certify, so much of the Defendant's costs Jjy'hedefea- taxed as between Client and Attorney as exceed the taxable lowed'h'im^nd costs of defence which would have been incurred in the set off against County Court or Division Court, shall, in entering Judg- c-osts"of piain- menl, be set off and allowed by the Taxing Officer against tiff- the Plaintiff's Counly Court or Division Court costs to be taxed, and if the amount of costs so setoff exceeds the amount of the Plaintiff's verdict and taxable costs, the Defendant shall be entitled to execution for the excess. 8 V. c. 13, s. 59, — 13, 14 V. c. 53, ss. 78, 108. 3S£9. When several suits are brought on one bond, recog- Costs recover- nizance, promissory note, bill of exchange, or other instrument, ^^Jfoni""® or when several suits are brought against the maker and en- ' dorser of a note, or against the drawer, acceptor or endorser of a bill of exchange, there shall be collected or recovered from the Anddisburse- Defendant the costs taxed in one suit only at the election of the ment in others. Plaintiff, and the actual disbursements only in the other suits ; but this provision shall not extend to any interlocutory costs -Not to extend 1 r i^ Tir Alt to interlocatory in the progress ot a cause. 5 W. 4, c. 1, s. 1. cost. {§30. In case any suit be brought in any of Her Majesty's Costs in .-ictions Courts of Record in respect of any grievances committed by a^j'eaihi&'^rf any Clerk, Bailiff or Officer of a Division Court, under colour Division or pretence of the process of such Court, and the Juiy upon the Courts. trial find no greater damages for the Plaintiff than ten dollars, the Plaintiff shall not have costs unless the Judge certifies in Court upon the back of the record, that the action was fit to be brought in such Court of Record. 13, 14 V. c. 53, s. 108. 33 S. Either party may as of right, upon giving two days' Revision o( notice to the opposite party, have the taxation of costs by cog,",""'' °^ any Deputy Clerk of the Crown and Pleas revised by the prin- cipal Clerk of the Court wherein the proceedings have been had ; and 256 Cap. 22. Common Law Procedure. 22 Vict. and the Court or a Judge may by rule or summons, call upon the Deputy Clerk who has taxed any Bill, to shew cause why he WhenJDeputy should not pay the costs of revising his taxation and of the ^''^^^'^^^'i'*' '° application, if in the opinion of the Court or Judge, on the with costs. affidavits and hearing the parties, such Deputy Clerk was guilty of gross negligence, or of wilfully taxing fees or charges for services or disbursements larger or other than those sanctioned by the Rules and Practice of the Court. 19 /. c. 43, s. 12. THE JUDGES MAY FRAME A TABLE OF COSTS FOR COUNTS COURTS. Judges ofthe 332. The Judges of the said Superior Courts, or any three maytometabil of them (of whom onc ofthe Chief Justices shall be one,) may, of costs (or from time to time, frame a table of costs for the several County County Courts. Courts, and ascertain, determine, declare and adjudge all and singular the fees allowed to be taken by Counsel, Attorneys, Sheriffs, Coroners and Officers of the said Courts respectively, in respect of any business done or transacted in the said County Courts, in all matters, causes and proceedings depend- ing in the said Courts, or before the Judges thereof, in all actions and proceedings within the jurisdiction of such County Courts or of the Judges thereof; and the costs and fees autho- rized by such table or by any amended table from time to time made, and no other or greater, shall heiXakSn or received by Counsel, Attorneys, Sheriffs, Coroners or Officers of any of the said Courts, for any business by them respectively done in the said County Courts or before the Judges thereof; and the said Judges so framing or altering such table of costs may, if they think fit, associate with them, in framing or altering such table, any one of the County Court Judges appointed under the sixty-third section ofthe Division Courts Act, for making rules for the Division Courts. 20 V. c. 58, s. 8. THE JUDGES MAY MAKE RULES. Power to make 333. The Judges of the Superior Courts of Common Law, rales. or any four or more of them, of whom the Chief Justices shall be two, may from time to time make — Respecting the 1- Such Orders and rules as they deem fit respecting the justification of manner of justifying and perfecting bail when taken by Com- Commis^-" ^ missioners of either of the said Courts, and respecting the sioners. notices to be given previous to justification, the attendance of bail before a Commissioner or a Judge, and the affidavits or examinations to be required, and any other matter or thing which to them seems expedient ; and also, 2 G. 4, c. 1, c. 41. Respectingthe 2. All such general rules and orders for the government and Officers*^""^ conduct of the Ministers and officers of their respective Courts in and relating to the distribution and performance of the duties and business to be done and performed by them ; and also, 13 V. c. 63, s. 32. 1859. Common Law Procedure. Cap. 22. 257 3. All such general rules and orders for the effectual ex- ah necessary ecution of this Act, so far as respects such Courts, and of the.s^<="^»'^™'®*- intention and object thereof ; and 4. For fixing the fees and costs to be allowed for and in Respecting respect of the matters herein contained and the performance *'^^'- thereof; and 5. For apportioning the costs of issues ; and Apportioning- costs. 6. For the purpose of enforcing uniformity of practice in the uniformity in allowance of costs in the said Courts, as in their judgment may fj? allowance be necessary or proper, and for that purpose may meet from time to time as occasion may require. 19 V. c. 43, s. 313, — 12 V. c. 63, s. 32. 334. And the said Judges, or any four or more of them, of To makefur- whom the Chief Justices shall be two, may, also by any rule or JJ mo'de of'""^ order from time to lime by them made in Termor in Vacation, pleading, &c. make such further alterations in the time and mode of pleading in the said Courts and in the mode of entering and transcribing pleadings, judgments and other proceedings in actions at law, and in the time and manner of objecting to errors in pleadings and other proceedings, and in the mode of verifying pleas and obtaining final judgment without trial in certain cases, as to them may seem expedient. 19 V. c. 43, s. 313. 335. All such Rules, Orders and Regulations shall, imme- Such rules, diately upon making the same, be transmitted to the Governor {fefore°b^h*"^ and be by him laid before both Houses of the Parliament Houses of of this Province, if Parliament be then sitting, or if Par- I'^riiament. liament be not sitting, then within twenty days after the next meeting thereof; and no such Rule, Order or Regulation, shall have effect until three months after the same has been so laid before both Houses of Parliament. 19 V. c. 43, s. 313. 33@. Every Rule, Order and Regulation so made shall, A-nd then to be fi'om and after such time as aforesaid, be binding and obligatory Jj^e c"our'ts, &c. on the said Courts and on all Courts of Error and Appeal in this Province, into which the judgments of the said Courts or either of them may be removed, and shall be of like force and effect as if the provisions contained therein had been expressly enacted by the Parliament of this Province. 19 V. c. 43, s. 313. 337. The Governor may, by proclamation, or either of the The Governor, Houses of Parliament may, by resolution, at any time within of ^^^g^^'Jft^ three months next after such Rules, Orders and Regulations have may, within been laid before Parliament, suspend the whole or any part there- ^^^^^^^^""I'l'^pJ of, and in such case the whole or the part so suspended, shall not any such rules. be binding or obligatory on the said Courts or on any Court of Q Error 258 ^^P- 22- Common Law Procedure. 22 Vici. Power oftbe Error and Appeal ; and nothing herein contained shall restrain the Courts to make authority or limit the iurisdiction of the said Courts or of the Judges occasional rules i r i i ■, i • i i not restrained, thereoi, lo make rules or orders, or otherwise to regulate and dispose of the business therein. 19 V. c. 43, s. 313. As to issue, 3J58. The Judges of the said Courts, or any four or more of aitCTed'^Write"'^ them, of whom the Chief Justices shall be two, may, from time to time, frame and make such new or altered Writs and forms of proceeding as the Judges as aforesaid deem necessary or expedient for giving effect to the provisions hereinbefore con- tained, and may think fit to order; and such Writs, Forms and proceedings shall be used and enforced in such and the same manner as other Writs, forms and proceedings of the said Courts are acted upon and enforced, or as near thereto as the As 10 existing circumstances of the case will admit ; and any existing Writ tTe"form iTai-'^ ^"^ proceeding, the form of wliich is in any manner altered tered hy tiiis in pursuance of this Act, shall, nevertheless, be of the same ^'^^' force and virtue as if no alteration had been made therein, except so far as the effect thereof may be varied by this Act. 19 V. c. 43, s. 314,-19 V. c. 90, s. 8. Judges may 3S9. The Judges of the said Superior Courts, or any extend Supe- {(jree of them, of whom one of the Chief Justices shall be one, nor Court rules i i i i i /-t ^ n to County may extend and apply to the several County Courts, all or any Courts with of the rules and orders at any time made under this Act, with modmcation. ,, \ t r • ^ i i and under such modincations as they may deem necessary, and such Judges may also make such rules and orders for and specially applicable to the said County Courts as may appear to them expedient for carrying into beneficial ' effect the laws applicable to the said County Courts, and to actions and pro- ceedings therein. 20 V. c. 68, s. 9,-19 V. c. 90, s. 3. Superior Court 340. All rules and orders of the said Superior Courls, made rules hereatier. after this Act takes effect, shall (unless the contrary be expressed therein) extend to the several County Courts. 20 V. c. 58, s. 9. In unprovided 341. In all cascs uot expressly provided for by law, the tieetf the^Su^-" pi'^ctice and proceedings in the several County Courts shall be pcrior Courls regulated by and shall conform to the practice for the time be- the Comity'" ^"^ °^ ^^^ ^^"^^ Superior Courts of Common Law, and the prac- Courts. tice of the said Superior Courts shall in matters not so provid- ed for, apply and extend to the County Courts and to all actions and proceedings therein. 19 V. c. 90, s. 19. First and last ^49. Unless Otherwise expressed, the first and last days days of all of all pcriods of time limited by this Act, or by any rales or LTed'bylhTs" orders of Court for the regulation of practice, shall be inclusive. Actoranyniles 2 G. 4, C. 1, S. 22. or orders to be inclusive. All rules in the ^*^- ^'^ ^"^^'^ ™ ^^^ County Courts in Term time shall County Court be two day Rules, (where the same Rules in the Superior Courts to te two day ■v(rould be four day Rules,) and shall be answerable or returnable on 1859. Common Law Procedure. Cap. 28. 259. on the third day inclusive, after service, and may be made abso- lute at the rising of the Court on that day, and in all proceed- ings in Term not otherwise provided for, one half of the period allowed in the Superior Courts when exceeding one day shall be allowed in the County Courts. 9 V. c. 7, s. 3,-20 V. c. 58, s. 17,-8 V. c. 13, s. 43. INTERPRETATION CLAUSE. 344. Whenever any power is given by this Act to the Supe- Thewords"* rior Courts or to a Judge thereof, the words " a Judge " shall be i^^ifj^^ ™"„f held to authorize any Judge of either of the said Superior Courts both of the Su*- of Common Law to exercise such power, although the particular penor Courts, proceedings may not be in a cause pending in the Court whereof he is a Judge. 19 V. c. 43, s. 315. 345. The term " Clerk " in this Act, shall mean the Meaning of Clerk of the Crown of each of the Superior Courts, ^"/^De^i^*'* or the Clerk of the County Court according as the proceeding clerk." with reference to which the term " Clerk " is used, applies to the Superior Courts or County Courts, and the term " Deputy Clerk " shall mean Deputy (^lerk of the Crown. 346. This Act shall be called and known as and in all Short Title of proceedings may be cited as " The Common liaw Procedure ■*-°'' Act." 19 V. c. 43, s. 317. 347. The following Forms are those referred to in the fore- going sections of this Act. A. No. I.— {Vide Section 2.) WRIT OP SUMMONS WHEN THE DEFENDANT RESIDES WITHIN THE JURISDICTION. Upper Canada, ) Victoria, by the Grace of God, &c. County of J To C. D., of , in the County of . (Seal.) We command you that within ten days after the service of this Writ on you, inclusive of the day of such service, you do cause an appearance to be entered for you in our Court (or County Court) of , in an action at the suit of A. B. ; and take notice that in default of your so doing the said A. B. may proceed therein to judgment and Execution. Witness, &c. In the marp^in, q2 Issued 260 ^^P' ^^' Common Law Procedure. 22 Vict. Issued from the Office of the Clerk (or Deputy Clerk) of the Crown and Pleas, (or Clerk of the County Court in the Comity of ). (Signed,) J. H., Clerk (or Deputy Clerk,) [or Clerk of the County Court.) Memorandum to be subscribed on the Writ. N. B. This Writ is to be served within six months from the date thereof, or if renewed, from the date of such re- newal, including the day of such date, and not afterwards. Indorsements to be made on the Writ before the service thereof. This Writ was issued by E. F., of , Attorney for the said Plaintiff, or this Writ was issued in person by A. B., who resides ai {mention the City, Town, incorporated, or other Village, or Township within which such Plaintiff resides). Also the indorsement required by the fourteenth Section of this Act. Indorsement to be made on the Writ after service thereof. This Writ was served by X. Y. on C. D., (the Defendant or one of the Defendants) on , the day of , one thousand eight hundred and WRIT OF CAPIAS. No. 2.— ( Vide Section 3.) Upper Canada, ) Victoria, &c., County of \ To the Sheriff of, &c. (Seal.) We command you that you take C. D., if he shall be found in your County [or United Counties,) and him safely keep until he shall have given you bail in an action on promise [or of debt, or covenant, or trespass on the case, or as the cause of action may be, SfC.,) at the suit of A. B., against the said C. D., (and E. F., &c., if there he one or more Defendants not to be arrested,) or until the said C. D. shall by other lawful means be discharged from your custody ; And We do further command you, that on execution hereof on the said C. D., you do de- liver a copy hereof to the said C. D. ; (And we further command you that you serve a copy hereof on the said E. F. &e., if there be one or more Defendants not to be arrested ;) And We hereby require the said C. D. to take notice that within ten days after execution 1859. Common Law Procedure. Cap. 22. 261 execution hereof on him, inclusive of the day of such execution, because special bail to be put in for him in our (Court or County- Court) of , according to the warning hereunder written [or indorsed hereon,) and that in default of his so doing, such proceedings may be had and taken as are men- tioned in the said warniijg ; (And we hereby command the said E. F. &e., that within ten days after the service hereof on him &c., inclusive of the day of service, he do cause an appearance to be entered according to the warning No. 3 ;) And We do further command you the said Sheriff, that imme- diately after the execution Ijereof, you do return this Writ to the said Court, together with the manner in which you shall have executed the same, and the day of the Execution thereof, or if the same shall remain unexecuted, then that you do return the same at the expiration of two months from the date hereof, or sooner if you shall be required thereto by order of the Court or of a Judge. Witness, &c. In the margin, Issued from the Office of the Clerk [or Deputy Clerk) of the Crown and Pleas, {or of the Clerk of the County Court in the County of) (Signed,) J. H. Clerk {or Deputy Clerk,) {or Clerk of the County Court.) Memorandum to he subscribed on the Writ. N. B. — This Writ is to be executed within two months from the date hereof, including the day of such date, and not afterwards. Warning to the Defendant. 1. If a Defendant, being in custody, shall be detained on this Writ, or if a Defendant, being arrested thereon, shall go to prison for want of bail, the Plaintiff may declare against any such Defendant before the end of the Term next after such arrest, and proceed thereon to Judgment and execution ; 2. If a Defendant having given bail to the Sheriff on the arrest, shall omit 1o put in special bail conditioned for his sur- render to the Sheriff of the County from which the Writ of Capias issued, and file the bail piece in the Office "of the Clerk or Deputy Clerk of the Crown and Pleas {or of the Clerk of the County Court) for the same County, the Plaintiff may proceed against the Sheriff or on the bail bond ; 3. If a Defendant having been served with this Writ and not arrested thereon, shall not enter an appearance within ten days after 262 Cap, 22. Common Law Procedure. 22 Vict. after such service, in the Office of the Clerk or Deputy Clerk of the Crown {or of the Clerk of the County Court) from which the Writ issued, the Plaintiff may proceed to judgment and execution. Indorsement to be made on the Writ before the Service thereof. This Writ was issued by E. F., of , Attorney, &c.,as inform No. 1. Bail for $ by order of , naming the Judge who makes the order. Also, the Indorsement required by the Fourteenth Section of this Act. Indorsement to be made on the Writ after execution thereof. This Writ was executed by X. Y., by arresting C. D., {or as the case may be as to service on any Defendant,) on , the day of , one thousand eight hundred and No. 3.— ( Vide Sections 43 and 49.) WRIT WHERE THE DEFENDANT, BEING A BRITISH SUBJECT^ RESIDES OUT OF UPPER CANADA. Upper Canada, ) Victoria, &c. County of J To C. D., of (Seal.) We command you that within days, {here insert a sufficient number of days according to the directions in the Act^ after the service of this Writ on you, inclusive of the day of such service, you do cause an appearance to be entered for you in our Court {or County Court) of , in an action at the suit of A. B. ; And take notice that in default of your so doing, the said A. B. may, by leave of the Court or a Judge, proceed therein to Judgment and execution. Witness, &c. In the margin, Issued from the office of, &c., {as in foregoing cases.) Memorandum 185^. Common Law Procedure. Cap. 22. 263 Memorandum to be subscribed on the Writ. N. B. — This Writ is to be served within six months from the date thereof, or if renewed, then from the date of such renewal, including day of such date, and not afterwards. [ndorsements to be made on the Writ before the Service thereof. This Writ is for service out of Upper Canada, and was issued by E. F. of , Attorney for the Plaintiff, or this Writ was issued in person by A. B. who resides at {mentioning Plaintiff'' s residence^ as directed inform No. 1.) {Also, the indorsement required by the fourteenth Section of the Act, allowing the Defendant two days less than the time limited for appearance, to pay the debt and costs.) No. 4.— ( Vide Sections 45 & 49.) WRIT WHERE THE DEFENDANT, NOT BEING A BRITISH SUBJECT, RESIDES OUT OF UPPER CANADA. Upper Canada, ) Victoria, &c. County of \ To C. D., late of , in the County of (Seal.) We command you that within days {insert a sufficient number according to the directions of the Act), after notice of this Writ is served on you, inclusive of the day of such service, you do cause an appearance to be entered for you in our Court {or County Court) of , in an action at the suit of A. B. ; And take notice that in default of your so doing, the said A. B. may, by leave of the Court or a Judge, proceed thereon to Judgment and execution. Memorandum to be subscribed on the Writ. The same as on form No. 3. Indorsement, also as on form No. 3. And in the margin. Issued from the Office of, &c'., {as in foregoing cases.) Notice of the foregoing Writ. To C. D., late of (the City of Hamilton, in Upper Canada,) or (now residing at Buffalo, in the State of New York.) Take 264 Cap. 23, Common Law Procedure. 22 Vict. Take notice that A. B., of , in the County of , Upper Canada, has commenced an action at law against you, C. D., in Her Majesty's Court {or County Court) of , by a Writ of that Court, dated the day of , A. D. one thousand eight hundred and , and you are required within days, after the receipt of this notice, inclusive of the day of such receipt, to defend the said action, by causing an appearance to be entered for you in the Office of the Clerk (or Deputy Clerk) of the Crown, [or of the Clerk of the County Court) for the County of , to the said action, and in default of your so doing, the said A. B. may, by leave of the Court or a Judge, proceed thereon to judgment and execution. (Signed,) A. B., the Plaintiff in person, or E; F., Plaintiflf's Attorney. No. 5 — {Vide Section 15.) SPECIAL INDORSEMENT. (After the Indorsement required by the fourteenth Section of the Act, this special Indorsement may be inserted.) The following are the particulars of the Plaintiff's claim : 1851. January 10. — Five barrels of Flour, at $4 $20 July 2. — Money lent to the Defendant 120 October 1. — A Horse sold to Defendant 100 $240 Paid 30 Balance due $210 Or, To Bread, (or Butcher's Meat,) supplied between the 1st January, 1851, and the 1st January, 1852 $160 Paid 60 I - Balance due $110 (If any account has been delivered, it may be referred to loith its date, or the Plaintiff may give such a description of his claim as on a particular of demand, so as to prevent the necessity of an application for further particulars.) Or, $400 or (£100, as the case may be,and so throughout these forms,) principal and interest, due on a bond, dated the day of , conditioned for the payment of $800 (or £200) and interest. Or, 1859. Common Law Procedure. Cap. 22 265 Or, ■$400 (or £100), principal and interest, due on a covenant con- tained in a deed, dated the day of to pay $2000 (or £500) and interest. Or, ;|400 {or £100), on a Bill of Exchange for that amount, dated the 2nd February, 1851, accepted (or drawn or indorsed) by the De- fendant, with interest and Notarial charges. Or, $400 {or £100), on a Promissory Note for that amount, dated the 2nd February, 1851, made {or indorsed) by the Defendant, with interest and Notarial charges. Or, $400 {or £100), on a Guarantee, dated the 2nd February, 1851, whereby the Defendant guaranteed the due payment by E. F., of goods supplied {or to be supplied) to him. {In all cases where interest is lawfully recoverable, and is not above expressed, add "the Plaintiff' claims interest on $ , from the day of , until Judgment.") N. B. Take notice, that if a Defendant served with this Writ within Upper Canada, do not appear according to the exigency thereof, the Plaintiff will be at liberty to sign final judgment for any sum not exceeding the sum above Claimed (with interest) and the sum of , for costs, and issue execution at the expiration of eight days from the last day for appearance. No. 6.— {Vide Section 42.) WKIT OF CAPIAS IN AN ACTION ALREADY COMMKNCED. Upper Canada, ) Victoria, &c. County of \ To the Sheriff of &c, (Seal.) We command you, that you take C. D., if he shall be found in your County (or United Counties), and him safely keep, until he shall have given you bail in the action on pro- mises {or of debt &c.), which A. B. has commenced against him, and which action is now pending, or until the said C. D. shall, by other lawful means, be discharged from your custody And we do further command you, that on execution hereof, you do deliver a copy to the said C. D., and that immediately after execution hereof, you do return this writ to our Court {or County Court) of , together with the manner in which you shall have executed the same and the day of the execution hereof; and if the same shall remain unexecuted, then that you do so return the same at the expiration of two months 266 ^^P* 2^- Common Law Procedure. 22 Vict. months from the date hereof, or sooner if you shall be required thereto by order of the said Court or a Judge ; And we do hereby require the said C. D., that within ten days after execution hereof on him, inclusive of the day of such execution, he cause special bail to be put in for him in our said Court, according to the warning hereunder written [or indorsed hereon), and that in default of his so doing, proceedings may be had and taken as are mentioned in the warning in that behalf. Witness, &c. In the margin. Issued from the office of the Clerk {or Deputy Clerk) of the Crown and Pleas, (or of the Clerk of the County Court in the County of .) {Signed,) J. H., Clerk {or Deputy Clerk.) or (Clerk of the County Court.) Memorandum to be subscribed on the Writ. N. B. This writ is to be executed within two months from the date hereof, including the day of such date, and not afterwards. Warning to the Defendant. 1. This suit, which was commenced by the service of a Writ of Summons, will be continued and carried on in like manner as if the Defendant had not been arrested on this Writ of Capias. 2. If the Defendant, having given bail to the Sheriff on the arrest on this writ, shall omit to put in special bail for his surrender to the Sheriff of the County from which the Writ of Capias issued, and to file the bail piece in the office of the Clerk (orDeputyClerk)of the Crown and Pleas, (or of the Clerk of the County Court) for the County of , the Plaintiff may proceed against the Sheriff or on the Bail Bond. Indorsements to be made on the Writ before the execution thereof. 1. This writ was issued by E. F. of, &c., {as in form No. 1.) 2. Bail for $ , by order of ( ) naming the Judge who makes the order. Also the indorsement required by the fourteenth section of this Act. Indorsement 1859. Common Law Procedure. Cap. 22. 267 Indorsement to be made on the Writ after the execution thereof. This Writ was executed by arresting C. D., {according to the facts,) on Ihe day of , one thousand eight hundred and No. t.—iVide Section 55.) In the &c., state the Court. On the day of , A. D. one thousand eight hundred and {Day of signing Judgment.) Upper Canada, ) A. B., in his own person [or by , his to wit : \ Attorney,) sued out a Writ of Summons against C. D., indorsed according to The Common Law Procedure Act, as follows : [Here copy special Indorsement.) And the said C. D. has not appeared, therefore it is consi- dered that the said A. B. recover against the said C. D., $ y together with $ , for costs of suit. No. 8.— ( Vide Section 150.) In the Q. B., {or C. P., or C. C.) The day of , in the year of our Lord, one thousand eight hundred and County of , ) Whereas A. B. has sued C. D. and to wit : J affirms and denies, {Here slate the question or questions of fact to be tried.) And it has been ordered by the Honorable Mr. Justice , {or by His Honor Judge of the County Court, &c.) according to The Common Law Procedure Act, that the said question shall be tried by a Jury ; therefore let the same be tried accordingly. No. 9.— 268 Cap. 32. Common Laiv Procedure. 22 Vict, No. Q.—{Vide Section 303.) FORM OF A fiULn OR SUMMONS WHERE A JUDGMENT CREDITOR APPLIES FOR EXECUTION AGAINST A JUDGMENT DEBTOR. {Formal parts as at present.) C. D., to show cause why A. B., {or as the case may he,) should not be at liberty to enter a suggestion on the roll in an action wherein the said A. B. was Plaintiff, and the said C. D., Defendant, and wherein the said A. B. obtained judgment for $ {or £ ), against the said C. D., on the day of , that it manifestly appears to the Court that the said A. B. is entitled to have execution of the said judgment, and to issue execution thereupon, and why the said C. D. should not pay to the said A. B. the costs of this applica- tion to be taxed. Note. — The above may bemodified so as to meet the case of an application by or against the representative of a party to Ik Judgment. No. \0.—(Vide Section 304.) FORM OF SUGGESTION THAT THE JUDGMENT CREDITOR IS EN- TITLED TO EXECUTION AGAINST THE JUDGMENT DEBTOR. And now, on the day of , it is suggested and manifestly appears to the Court, that the said A. B. {or E. F., as executor of the last Will and Testament of the said A. B , deceased, or as the case may be,) is entitled to have execution of the judgment aforesaid, against the said C. D., {or against G. H., as executor of the last Will and Testament of the said C D.^ or as the case may be) ; therefore, it is consi- dered by the Court, that the said A. B., {or E. F., as such executor as aforesaid, or as the case may be,) ought to have execution of the said judgment against the said C. D., {or against G. H., as such executor as aforesaid {or as the case may be.) No. 11. — {Vide Sections 306, 141.) FORM OF WRIT OF REVIVOR. Victoria, &c., To C. D., of . Greeting : We command you, that within ten days after the service of this Writ upon you, inclusive of the day of such service, you appear in our Court (or County Court) of , to shew cause why A. B., {or E. F., as executor of the last Will and Testament 1859. Common Law Procedure, Cap. 22. 269^ Testament of the said A. B., deceased, or as the case may be,) should not have execution against you, {if against a represent- ative, here insert, as executor of the last Will and Testament of , deceased, or as the case may he,) of a judgment, whereby the said A. B., {eras the case may be,) recovered against you, (or as the case may be,) ^ {or £ ) ; and take notice that in default of your doing so, the said A. B., {or as the case may be,) may proceed to execution. Witness, &c. B. FOKMS OF PLEADINGS. ( Vidc ScctioU 87.) ON CONTRACTS. 1. Money payable by the Defendant to the Plaintiff for {these words " money payable," &c., should precede money counts like 1 to II, but need only be inserted in the first,) goodshBugamed and sold by the Plaintiff to the Defendant. 2. Work done and materials provided by the Plaintiff for the Defendant at his request. 3. Money lent by the Plaintiff to the Defendant. 4. Money paid by the Plaintiff for the Defendant at his re- quest. 5. Money received by the Defendant for the use of the Plaintiff. 6. Money found to be due from the Defendant to the Plaintifi on accounts stated between them. 7. A messuage and lands sold and conveyed by the Plaintifi to the Defendant. 8. The Defendant's use by the Plaintiff's permission of mes- suage and lands of the Plaintiff. 9. The hire of (as the case may be,) by the Plaintiff let to hire to the Defendant. 10. Freight for the conveyance of the Plaintiff for the Defen- dant at his request of goods in (ships, &c.) 11. The demurrage of a (6-A«p) of the Plaintiff kept on de- murrage by the Defendants 12. 270 Cap. 22. Common Law Procedure. 22 Vict. 12. That the Defendant on the day of , A. D. , by his Promissory Note now overdue, promised to pay to the Plaintiff ^(or £, ), {two) months after date, but did not pay the same. 13. That one, A, on, &c., {date) by his Promissory Note now overdue, promised to pay to the Defendant or order $ {or £ ), {two) months after date, and the Defendant indorsed the same to the Plaintiff, and the said Note was duly presented for payment and was dishonored, whereof the Defendant had due notice, but did not pay the same. 14. Thai the Plaintiff on, &c. {date) by his Bill of Exchange now overdue, directed to the Defendant, required the Defen- dant to pay to the Plaintiff $ {or £ ), {two) months after date, and the Defendant accepted the said Bill, but did not pay the same. 15. That the Defendant on, &c., {date), by his Bill of Ex- change to A, required A to pay the Plaintiff ^ {or £ ), {two) months after date, and the said Bill was duly presented for acceptance and was dishonored, of which the Defendant had due notice, but did not pay the same. 16. That the Plaintiff and Defendant agreed to marry one another, and a reasonable time for such marriage has elapsed, and the Plaintiff has always been ready and willing to many the Defendant, yet the Defendant has neglected and refused to marry the Plaintiff. 17. That the Defendant by warranting a horse to be then sound and quiet to ride, sold the said horse to the Plaintiff, yet the said horse was not then sound and quiet to ride. 18. That the Plaintiff and Defendant agreed by charter party, that the Plaintiff's schooner called the Toronto, should with all convenient speed sail to Hamilton, and that the Defendant should there load her with a full cargo of flour and other lawful merchandize, which she should carry to Kingston and there deliver, on payment of freight per barrel, and that the Defendant should be allowed four days for loading and four days for dis- charging, and four days for demurrage, if required, at $ {or £ ), per day ; and that the Plaintiff did all things necessary on his part to entitle him to have the agreed cargo loaded on board the said schooner at Hamilton, and that the time for so loading has elapsed, yet the Defendant made default in loading the agreed cargo. 19. That the Plaintiff let the Defendant a house, being {de- signate it) for years, to hold from the day of , A. D. , at $ (or £ ) a year, payable quarterly, of which rent quarters are due and unpaid. 20. 1869. Common Law Procedure. Cap. 22. 271 20. The Plaintiff by deed let to the Defendant a house (designate it) to hold for seven years from the day of , A. D. , and the Defendant by the said deed cove- nanted with the Plaintiff well and substantially to repair the said house during the said term (according to the covenant), yet the said house was daring the said term out of good and sub- stantial repair. FOR WRONGS INDEPENDENT OF CONTRACT. 21. That the Defendant broke and entered certain land of the Plaintiff called lot No. &c., and depastured the same with cattle. 22. That the Defendant assaulted and beat the Plaintiff, gave him into custody to a Constable, and caused him to be impri- soned in the Common Gaol. 23. That the Defendant debauched and carnally knew the Plaintiff's wife. 24. That the Defendant converted to his own use (or wrongly deprived the Plaintiff of the use and possession of) the Plaintiff's goods, that is to say — [mentioning what articles, as for in- stance, household furniture.) 25. That the Defendant detained from the plaintiff his title deeds of land called lot No. &c. , in &c. , that is to say {describe the deeds.) 26. That the Plaintiff was possessed of a mill, and by reason thereof was entitled to the flow of a stream for working the same, and the Defendant, by cutting the bank of the said stream, diverted the water thereof away from the said mill. 27. That the Defendant, having no reasonable or probable cause for believing that the Plaintiff, unless forthwith appre- hended, was about to quit Canada with intent to defraud his cre- ditors generally, or the said Defendant in particular, maliciously represented that such was the fact, and there- upon maliciously procured a Judge's order for the issue of bailable process against the said Plaintiff, and caused the Plaintiff to be arrested and held to bail for $ (or £ ). 28. That the Defendant falsely and maliciously spoke and published of the Plaintiff the words following, that is to say, " He is a thief" (if there be any special damage, here state it, with such reasonable particularity as to give notice to the Defen- dant of the peculiar injury complained of, as for instance, where- by the" Plaintiff lost his situation as shopman in the employ ofN.) '' 29. 272^ Cap. 22. Common Law Procedure. 22 Vict. 29. That the defendant falsely and maliciously published of the Plaintiff in a newspaper called the words follow- ing, that is to say : (" He is a regular prover under bank- ruptcies,") the Defendant meaning thereby that (the Plaintiff had proved, and was in the habit of proving, fictitious debts against the estates of bankrupts, with the knowledge that such debts were fictitious) or as the case may be. COMMENCEMENT OF PLEA. 30. The Defendant by , his Attorney {or in person),. says {here state the substance of the Plea.) 31. And for a second Plea, the Defendant says(Ae;re state the second Plea.) Plea in actions on Contracts. 32. That he never was indebted as alleged. (N. B. — This plea is applicable to other declarations like those numbered 1 to 11.) 33. That he did not promise as alleged. [This plea is applicable to other declarations on simple contracts not on bills or notes, such as those numbered 16 to 19. It would be objec- tionable to use " did not warrant," "did not agree," or any other appropriate denial.) 34. That the alleged deed is not his deed. 35. That the alleged cause of action did not accrue within years, {state the period of limitation applicable to the case), before the suit. 36. That before action he satisfied and discharged the Plaintift's claim by payment. 37. That the Plaintiff, at the commencement of this suit, was, and still is, indebted to the Defendant in an amount equal to {or greater than) the Plaintiff's claim for (state the cause of set off as in a declaration, see form ante,) which amount the Defendant is willing to set off" against the Plaintift's claim, {or, and the Defendant claims to recover a balance from the Plaintiff.) 38. That after the claim accrued, and before this suit, the Plaintiff, by deed, released the Defendant therefrom. PLEAS IN ACTIONS FOR WRONGS INDEPENDENT OF CONTRACT. 39. That he is not guilty. 40. 1859, Common Law Procedure. Cap. 22. 273 40. That he did what is complained of by the Plaintiff's leave. 41. That the Plaintiff first assaulted the Defendant, who thereupon necessarily committed the alleged assault in his own defence. 42. That the Defendant, at the time of the alleged trespass, was possessed of land, the occupiers whereof, for twenty years before this suit, enjoyed, as of right and without interruption, a way on foot and with cattle from a public highway over the said land of the Plaintiff to the said land of the Defendant, and from the said land of the Defendant over the said land of the Plaintiff, to the said public highway, at all times of the year, for the more convenient occupation of the said land of the Defend- ant, and that the alleged trespass was the use by the Defendant of the said way. REPLICATIONS. 43. The Plaintiff takes issue upon the Defendant's first, second, &c., pleas. 44. The Plaintiff as to the second Plea, says : {here state the answer to the plea, as in the following forms.) 45. That the alleged release is not the Plaintiff's deed. 46. That the alleged release was procured by the fraud of the Defendant. 47. That the alleged set off did not accrue within six years before this suit. 48. That the Plaintiff was possessed of land whereon the Defendant was trespassing and doing damage, whereupon the Plaintiff requested the Defendant to leave the said land, which the Defendant refused to do, and thereupon the Plaintiff gently laid his hands upon the Defendant in order to secure him, doing no more than was necessary for that purpose, which is the alleged first assault by the Plaintiff. 49. That the occupiers of the said land did not for twenty years before this suit, enjoy, as of right and without interrup- tiofl, the alleged way. NEW ASSIGNMENT. 50. The Plaintiff as to the and pleas, says, that he sues not for the trespa'sses therein admitted, but for trespasses committed by the Defendant in excess of the alleged rights, and also in other parts of the said land, and on other occasions and fior other purposes than those referred to in the said pleas. 274 Cap. 23, 23, Common Law Procedure. 22 Vict. If the Plaintiff replies and new assigns, the new assignment may he as follows. : 51. And the Plaintiff as to the and pleas, fur- ther says that he sues, not only for the trespasses in those pleas admittted, but also for, &c. If the Plaintiff replies and new assigns to some of the pleas, and new assigns only to the other, the form may be as follows: 52. And the Plaintiff as to the and pleas, fur- ther says that he sues not for the trespasses in the pleas (^the pleas not replied to) admitted, but for the trespasses in the pleas, (the pleas replied to) admitted, and also for, &c. CAP. XXIII. An Act respecting Writs of Mandamus and Injunction. HER Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enact as follows : MANDAMUS. When a Man- 1 • The Plaintiff, in any action in either of the Superior Courts «toa«» may be of Common Law, except replevin or ejectment, may indorsef upon eqlStabie"" the Writ and copy to be served, a notice that the Plaintiff intends grounds. to claim a Writ of Mandamus, and the Plaintiff may thereupon claim in the declaration, either together with any other demand which may be enforced in such action, or separately, aWrit of Mandamus commanding the Defendant to fulfil any duty in the fulfilment of which the Plaintiff is personally interested. 19 V. c. 43, s. 275. FonnofDecia- ®- The declaration in such action shall set forth sufiicient ration. ground upon which the claim is founded, and shall set forth that the Plaintiff is personally interested therein, and that be sustains or may sustain damage by the non-performance of such duty, and that performance thereof has been demanded by him and been refused or neglected. 19 V. c. 43, s. 276. The pleadings 3. The pleadings and other proceedings in any action in to be as in ordi- -yvhich a Writ of Mandamus is claimed, shall be the same in all ne^as'may iS respects as nearly as may be, and costs shall be recoverable by either party, as in an ordinary action for the recovery of dam- ages ; and in case Judgment be given for the plaintiff that a Mandamus do issue, the Cottrt in which such Judgment is given, besides issuing execution in the ordinary way for the costs and damages, may also issue a peremptory Writ of Man- damus to the Defendant, commanding him forthwith to perform the duty to be enforced. 19 V. c. 43, s. 277. 4. 1859. Writs of Mandamus and Injunction. Cap. 23. 275 4. Such Writ need not recite the declaration or other pro- What the Writ ceedinge or the matter therein stated, but shall simply command *''*" "'"i""'*' the performance of the duty, and in other respects shall be in the form of an ordinary Writ of Execution, except that it shall be directed to the party and not to the Sheriff, and may be is- sued in term or vacation and be made returnable forthwith, and no return thereto, except that of compliance, shall be allowed, but time to return it may upon sufficient ground be allowed by the Court or a Judge, either with or without terms. 19 V. c. 43, s. 278. 5. The Writ of Mandamus, so issued as aforesaid, shall have Foro« and effect the same force and effect as a Peremptory Writ of Mandamtis, °^^'^^^'^- and in case of disobedience, may be enforced by attachment, 19 V. c. 43, s. 279. 6. The Court may, upon application by the Plaintiff, besides waea the or instead of proceeding against the disobedient party by at- Court may di- lachment, direct that the act required to be done may be done by S^performance'. the Plaintiff or some other person appointed by the Court, at the expense of the Defendant ; and upon the act being done, the amount of such expense may be ascertained by the Court either by an enquiry in the nature of an assessment of damages or by reference to the proper officer, as the Court or a Judge may order, and the Court may order payment of. the amount of such expenses and costs, and enforce payment thereof by execution. 19 V. c. 43, s. 280. 7. Nothing in this Act contained shall take away the Jurisdic- jurisdiction as tion of either of the Superior Courts to grant Writs of Mandamus ; '^'^■'®™,?^^^ nor shall any Writ of Mandam,us issued out of such Courts be damus, not to invalid by reason of the right of the prosecutor to proceed by ''« affeeted. action for Mandamus under this Act, but the provisions of this Act, so far as they are applicable, shall apply to the pleadings and proceedings upon a preTogative Writ of Mandamus issued by either of the Superior Courts. 19 V. c. 43, ss. 281, 282. ■ 8. Upon application by motion for any Writ of Mandamus, Writs may is- the i^le may in all cases be absolute in the first instance, f^g^tance* ^' if the Court thinks fit, and the Writ may bear teste on the day of its issuing, and may be made returnable forthwith whether in term or in vacation, but time may be allowed to return it by the Court or a Judge either with or without terms. 19 V. c. 43, s. 282. INJUNCTIOIf. * 9. In case of breach of contract or other injury, where when a Writ the party injured is entitled to maintain and has brought an ac- of injunction tion, he may, in like case and manner as hereinbefore provided, Com>ts*ofLaw. with respect to Mandamus, claim a Writ of Injunction against the rejDetition or continuance of such breach of contract or other injury, or the committal of any breach of contract or injury of a r2 like 276 Cap. 23, 24. Writs of Mandamus and Injunction. 22 Vict. The summons and indorse- ment thereon. The proceed- ings to be si- milar to those in cases of Mandamus. When Injunc- tion may be had afler action brought. like Icind arising out of the same contract or relating to the same property or right, and he may also in the same action in- clude a claim for damages or other redress. 19 V. c. 43, s. 283. 1 ©. The Writ of Summons in such action shall be in the same form as the Writ of Summons in a personal action, but on every such Writ and copy thereof, there shall be indorsed a no- tice, that in default of appearance the Plaintiff may, besides proceeding to Judgment and execution for damages and costs, apply for and obtain a Writ of Injunction. 19 V. c. 43, s. 284. 11. The proceedings in such action shall be the same as nearly as may be, and subject to the like control as the pro- ceedings in an action to obtain a Mandamus under the provisions hereinbefore contained, and in such action Judgment may be given that the Writ of Injunction do or do not issue as justice may require ; and in case of disobedience, such Writ of Injunc- tion may be enforced by attachment by the Court, or when such Court is not sitting, by a Judge. 19 V. c. 43. s. 285. 13. The Plaintiff may at any time after the commencement of the action, and whether before or after Judgment, apply ex parte to the Court or a Judge for a Writ of Injunction to res- train the Defendant in such action from the repetition or conti- nuance of the wrongful act or breach of contract complained of, i or the committal of any breach of contract or injury of a like kind, arising out of the same contract or relating to the same property or right ; and such Writ may be granted or denied by the Court or Judge upon such terms as to the duration of the Writ — keeping an account— giving security — or otherwise, as to such Court or Judge seems reasonable and just ; and in case of disobedience, such Writ may be enforced by attachment by the Court, or when such Court is not sitting, by a Judge. Writs and 13. Any order for a Writ of Injunction made by a Judge, to'brund^the °^ ^'^^Y ^^^^ issued by virtue- thereof, may be discharged, control of the varied or set aside by the Court on application made thereto Court. jjy ^jjy party dissatisfied with such order. 19 V. c. 43, s. 286. CAP. XXIV. An Act respecting Arrest and Imprisonment for Debt. rER Majesty, by and with the advice and consent of the L Legislative Council and Assembly of Canada, enacts as follows : ARREST AT LAW. Arrest restrict- 1. No Writ of Capias to arrest and hold to bail shall be edto $100. issued for a cause of action less than one hundred dollars, but such Writ may be issued when the cause of action equals or exceeds that sum. 22 V. c. 96, ss. 1, 2. 1859. Arrest and Imprisonment for Debt. Cap. 24. 277 2. No person shall be subject to arrest under any such Privileged per- Writ who, by reason of any privilege, usage or otherwise, is by aTOsJJ.d""'^® law exempt therefrom. 22 V. c. 96, s. 2. (^1858.) 3. No person shall be liable to arrest for non-payment of No arrest for cost, and no married woman shall be liable to arrest either on '^'"'*- Mesne or Final Process. 22 V. c. 33, s. 10. (1859), — i6id c. No married 04 Q 17 woman to be "'*' =*••'• arrested. 4. No person shall be arrested or imprisoned on any claim No person to be or on any Judgment recovered against him as a debtor at the suit arrested on of any person for any penalty or sum of money in the nature of ignfnst him as a penalty or forfeiture, whether such claim or suit be in the a'^*'"' for name of such person alone, or in the form of proceeding known imie^^xmdCTthe as qui tarn <^6'., (notwithstanding any thing to the contrary in ^"""^ circum- any statute providing for the recovery of such penalties or sums othercases!" by action at law) except in cases and under circumstances where, on claims or judgments for ordinary debts, parties can be arrested or imprisoned, and any person who, on the fourth day of May, one thousand eight hundred and fifly-nine, was un- der arrest or imprisonment or order for arrest or imprisonment, on any such claim or judgment first in this section referred to, shall, if not already discharged, be forthwith discharged from such arrest or imprisonment or order therefor ; but notwithstand- ing such discharge every such person shall be subjectto be arrested again, as in the cases of Judgments for ordinary debts as herein provided. 22 Y. c. 33, s. 24. (1859.) • 5. In case any party or plaintiff being a creditor of or In certain cases having a cause of action against any person liable to arrest, be'^eidio baJ by the affidavit of himself or of some other individual, shows on affidavit of to the satisfaction of a Judge of either of the Superior Courts of certain facts _, _ , ° , .TIP ^ ^^^ order or a Common Law, or to the Judge or actmg Judge 01 any County Judge: Ca. Court, that such party or plaintiff has a cause of action against ^^^- "If^ l^"^ ,' 1 p 1 11111 O'on sucii order such person to the amount 01 one hundred dollars or upwards, within a limited or that he has sustained damage to that amount, and also by '™''' affidavit shows such facts and circumstances as satisfy the said Judge, that there is good and probable cause for believing that such person, unless he be forthwith apprehended, is about to quit Canada with intent to defraud his creditors generally or the said party or plaintiff in particular, such Judge may by a special order direct that the person against whom the applica- tion is made, as being about to quit Canada with intent as aforesaid, shall be held to bail for such sum as the Judge thinks fit, and thereupon such party or plaintiff, within the time ex- pressed in such order, but not aftejwards, may sue out a Writ of Capias and one or more concurrent Writs of Capias in either of the said Superior Courts, or in the County Court, as the case may be, against the person so direcled to be held to bail, and the Judge or the acting Judge of any County Court, may grant such orders to hold to bail where process is intended to be sued out . 278 Cap. 24. Arrest and Imprisonment for Debt. 22 Tier- out of, or an action has been commenced in either of the said Superior Courts as well as in his own Court. 22 V. c. 9ff s. 2. Affidavit need not be at first entitled in any Couftt 6. It shall not be necessary that any such affidavit should, at the time of the making thereof, be entitled of or in any Court, * but the style and title of the Court out of which the process issues, may be added at the time of suing out the process, and such style and title when so added, shall be, for all purposes and in all proceedings, whether civil or criminal, taken and adjudged to have been part of the affidavit a6 initio. 22 V. c. 96, s. 2. Prisoners on mesne process for debt on the first ot Septem- ber, 1858, en- titled to dis- charge, but may be re-ar- rested on spe- cial order, &c. 7. Every person who, on the first day of September, one thousand eight hundred ai;id fifty-eight, was in custody or on bail upon mesne process for any debt or demand, shall be entitled to be discharged upon entering a common appearance to the action ; but every such person shall be liable to be de- tained, or after such discharge to be again arrested, by virtue of any such special order as aforesaid, at the instance of the plaintiff at whose suit he was previously arrested or by any other plaintiff. 22 V. c. 96, s. 9. In what cases only a Writ of Arrest shall be granted. IN CHANCERY. 8. The Writ of Ne exeat Provincid shall be called a Writ of Arrest, and no order shall be granted for a Writ of Arrest unless the party applying for the writ has a cause of suit to at least such an amount, and shows by affidavit such facts and circum- stances, as this Act requires in the case of a special order for holding a party to bail under the fifth section of this Act. 23 V. c. 33, s. 1. (1859.) In suits for all- 9. In suits for alimony, instituted after this Act takes effect, niony a Writ of ^j^g Qourt or a Judge thereof may, in a proper case, order a Writ issued. of Arrest to issue at any time after the bill has been filed, and shall, in the order, fix the amount of bail to be given by the de- fendant, in order to procure his discharge. 20 V. c. 56, s. 3. mony. Limit o( bail in 1 0. In case an order is made for a Writ of Arrest, in a suit suits for all- f^j. alimony, the amount of the bail required shall not exceed what may be considered sufficient to cover the amount of future alimony for two years, besides arrears and costs, but may be for less at the discretion of the Court. 22 W c. 33, s. 2. (1859.) Conditions of bail-bond un- der Writ of Arrest. 1 1 . The bail or security required to be taken under a " Writ of Arrest " shall not be that-the person arrested will not go or attempt to go out of Upper Canada, but shall merely be to the effect that the person arrested will perform and abide by the orders and decrees made or to be made in the suit, or will per- sonally appear for the purposes of the suit at such times and places as the Court may from time to time order, and will,. in case 1859. Arrest and Imprisonment for Debt. Cap, 24. 279 case he becomes liable by law to be committed to close custody, render himself (if so ordered), into the custody of any Sheriff the Court may from time to time direct. 22 V. c. 33, s. 3. (1869.) WRITS OF CAPIAS AD SATISFACIENDUM. IS. In cases in which the Defendant has been held to When writs of special bail upon a Writ of Capias issued on a Judge's order 2'ue'^withoui made under ihe former Act 22 V. c. 96, (1858,) for the aboli- iurthe7affidayit. tion of arrest in civil actions in certain cases, or under this Act, it shall not be necessary before suing out a Writ of Capias ad Satisfaciendum to obtain a Judge's order for the issuing thereof, or to make or file any further or other affi- davit than that upon which the order authorizing the defen- dant's arrest was obtained in the first instance ; but where the virhen a further defendant has not been so held to special bail, if the plaintiff in affidavit neces- the action by the affidavit of himself or some other party, shows uontems there- to the satisfaction of a Judge of either of the said Superior of. Courts of Common Law, or if the case be in a County Court shows to the Judge or acting Judge of such Comt, that he has reco- vered judgment against the defendant for the sum of one hun- dred dollars or upwards exclusive of costs, and also by affi- davit shows such facts and circumstances as satisfy the Judge that there is good and probable cause for believing either that the defendant, unless he be forthwith apprehended, is about to quit Canada with intent to defraud his creditors generally or the said plaintiff in particular, or that the defendant hath parted with his property or made some secret or fraudulent conveyance thereof in order to jirevent its being taken in execution, such Judge may, by a special order, direct that a Capias ad Satisfa- ciendum may be issued, and such writ may thereupon be issued upon such judgment according to the practice of the said Courts. 22 y. c. 96, s. 6. (1858.) 13. Process of contempt for non-payment of any sum of mo- proeessof con- ney, or for non-payment of any costs, charges or expenses, ''^™P"°,'' "J?"" payable by any decree or order of the Court of Chancery or of motiey, costs, a Judge thereof, or by any rule or order of the Court of Queen's '^''■' a^ohshed. Bench or Common Pleas or of a Judge thereof, or by any decree, order or rule of a County Court or of a Judge thereof, is abolished; and no person shall be detained, arrested Same affidavit or held to bail for non-payment of money, unless a special order arrest Lsuch" for the purpose be made on an affidavit or affidavits establishing cases as for a the same facts and circumstances as are necessary for an order for a Writ of Capias ad Satisfaciendum, under this Act ; and in such case the arrest when allowed shall be made by means of a Writ of Attachment corresponding as nearly as may be to a Writ of Capias ad Satisfaciendum. 22 V. c. 33, s. 4. (1859.) 14. But in case a party be arrested under a Writ of Arrest, But not when » it shall not be necessary before suing out a writ under the pre- i^g issued, ceding section of this Act to obtain a Judge's order therefor, or to file any further affidavit than the affidavits on which the order for the Writ of Arrest was obtained. 22 V. c. 33, s. 5. (1859.) 13. 280 Cap. 24. Arrest and Imprisonment for Debt. 22 Vict. Decrees, &o., in equity for payment of money to be deemed judg- ments. 15. Every decree or order of the Court of Chancery, and every rule or order of the Court of Queen's Bench or Common Pleas, and every decree, order or rule of a County Court, directing payment of money or of costs, charges or expenses, shall, so far as it relates to such money, costs, charges or ex- penses, be deemed a judgment, and the person to receive pay- ment a creditor, and the person to make payment a debtor^ within the meaning of this Act ; and the said persons shall respectively have the same remedies, and the Courts and Judges and the officers of Justice shall in such cases have the same powers and duties, as in corresponding cases under this Act. 22 V. c. 33, s. 14. (1859.) CUSTODY OF PERSONS ARRESTED. Person arrested out of his County may be transferred to it, paying the cost. 1 6. In case a person has been heretofore, or may after this Act takes effect, be arrested and committed to gaol in any other County than that in which he resided or carried on business at the time, such person shall be entitled to be transferred to the gaol of his own County on prepaying the expense of his removal; and the Sheriff in whose County he was arrested may, if he be satisfied of the facts, transfer him accordingly ; but if the Sheriff declines to act without an order of the Court or a Judge, such an order shall be made on the application of the prisoner and notice to the opposite party. 22 V. c. 33, s. 9. (1859.) Persons impri- B 7. Every person who, on the fourth of May, one thousand 4th*'f Ma"'*' eight hundred and fifty-nine, was in custody or on bail under 1859, for non- process of contempt for non-payment of costs, shall, if not payment of ^ already discharged, be entitled to be discharged therefrom. lTrs*i 22 V. c. 33, s. 10. (1859.) Persons in cus- 18. Every person who, on the said Fourth of May, was in May.'iSM^n- ciistody or On bail under a Writ of Ne Exeat, or who was in cus- der Ne Exeat, tody Or ou bail, whether to the limits of any gaol or otherwise charged, sub-" Under process of contempt for non-payment of money under any ject to this Act. award, order, decree, or other proceeding whatever other than costs, charges and expenses, shall, if not already dis- charged, be entitled to be discharged, but shall be liable to be detained, or after such discharge to be again arrested, by virtue of any such special order as mentioned in the eighth or thirteenth section of this Act. WRITS OF FIERI FACIAS AND VENDITIONI EXPONAS. Decrees, dice. in equity to be enforced by Writ of -Ft. -Pa. &o., as at law. 1®. For the purpose of enforcing payment of any money or of any costs, charges or expenses payable by any decree or order of the Court of Chancery, or any rule or order of the Court of Queen's Bench or Common Pleas, or any decree, order or rule of a County Court, the person to receive payment shall be entitled 1869. Arrest and Imprisonment for Debt. Cap. 24. 281- entitled to Writs oi Fieri Facias and Venditioni Exponas respect- ively, against the property of the person to pay, and shall also be entitled to attach and enforce payment of the debts of or accruing to the person to pay, in the same manner respectively and subject to the same rules, as nearly as may be, as in the case of a judgment at law in a civil action ; and such writs same rules, shall have the like effect as nearly as may be, and the Courts &c., to apply as and Judges shall have the same powers and duties in respect '" °' ""^ "®^^'" to the same and in respect to the proceedings under the same, and the parties and Sheriff respectively shall have the same rights and remedies in respect thereof, and the writs shall be executed in the same manner and subject to the same condi- tions, as nearly as may be, as in the case of like writs in other cases ; but subject to such general orders and rules varying or otherwise affecting the practice in regard to the said matters, as the Courts respectively may from time to time make under their authority in that behalf. 22 V. c. 33, s. 12. (1859.) PERSON HATING CARRIAGE OF DECREE. 20. In case a decree or order in Chancery, or of a County Person having. Court in the exercise of the equitable jurisdiction of such County decre?^&o.' to Court, directs the payment of money into Court or to the credit be deemed the of any cause, or otherwise than to any person, the person hav- P *'"" ' ing the carriage of the decree or order, so far as relates to such payment, shall be deemed the plaintiff within the meaning of this Act. 22 V. c. 33, s. 15. (1859.) SEQUESTRATIONS. 31. The Court of Chancery may also issue Writs of Seques- Power of se- tration as hitherto or in such cases as by general or other orders ^"]j^|„from ""^ the Court may think expedient; and nothing in this Act shall be Court ofChan- construed to take away the jurisdiction of the Court under or '^^'^' ^°' by means of such writs ; and no writ shall issue from Chan- cery against the lands of the person to pay, but if the decree or order be registered, the Court may enforce the charge thereby ^ created upon real estate, according to the practice of the Court in the case of a charge on real estate created by other means. 22 V. c. 33, s. 13. (1859.) COMMON LAW PROCEDURE ACT APPLIED. 92. For the purpose of carrying out the provisions of this Certain clauses Act, so far as relates to the Courts of Queen's Bench and j'JawKProcedvu-e Common Pleas, and to the County Courts as Courts of Law, Act incorporat- the several provisions of the Common Law Procedure Act shall, ed with this Act- so far as applicable and not inconsistent with this Act, apply to this Act, and sections three hundred and thirty-three to three hundred and forty, and section three hundred and forty-four of the said Common Law Procedure Act, shall be deemed incor- porated herewith, as if the provisions therein contained had been repeated in this Act and expressly made to apply hereto, and it shall not be necessary to lay before Parliament any rules, orders or regulations made for the purpose of this Act. 22. V. c. 33, s. 18. (1859.) 23. 282 Cap. 24. Arrest and Imprisonment for Debt. 22 Vict. Certain powers 33. The Court of Chancery shall, with reference to the pro- ofChlnce'ry"'' ceedings in the Court of Chancery under this Act, and to pro- ceedings under this Act in the County Courts in the exercise of their equitable jurisdiction, have all the powers which the next preceding section of this Act gives to the Common Law Courts, in respect to the cases to which the sections of the Com- mon Law Procedure Act therein specially mentioned refer. 22 V. c. 33, s. 19. (1859.) GAOL LIMITS. Gaol limits. 24. The limits of each County for judicial purposes shall be the limits of the Gaols of such County. 19 V. c. 43, s. 301. Sheriff may 25. The Sheriff of any County may take from any debtor con- torainexecu^' ^^^^ i" the Gaol thereof in execution or upon Mesne Process, a tion security to bond with not less than two or more than four sufficient sureties, ■keep the limits, j^ ^^ jointly and severally bound in a penalty of double the amount for which such debtor is so confined, conditioned, ex- cept as hereinafter provided, that such debtor shall remain and abide within the limits of such Gaol and shall not depart therefrom, unless discharged from custody in the suit or matter upon which he is so confined by due course of law, and also that such debtor will, during all the time that he is upon the limits subject to such custody, observe and obey all notices, orders or rules of Court touching or concerning such debtor, or his answering interrogatories, or his appearing to be examined vivd voce or his returning and being remanded into close custody, and that upon reasonable notice, to thena or any of them, requiring them so to do, they will produce such debtor to the Sheriff, and also that the said debtor will, within thirty days, cause the said bond, or the bond that may be substituted for the same, according to the provisions herein- after contained, to be allowed by tlie Judge of the County Court of the County wherein the debtor is confined, and supli allowance to be endorsed thereon by the said Judge ; and for this purpose the Sheriff shall, upon reasonable notice given by the debtor, cause such first mentioned bond to be produced before the Judge, and upon such allowance being so endorsed, the Sheriff shall be discharged from all responsibility respect- ing such debtor^ unless the debtor be again committed to the close custody of such Sheriff' in due form of law. 19 V. c. 43, s. 302,-20 V. c. S7, s. 25. Surely to make 26. The Sheriff may also require each surety when there avi, c. ^j.g ^j^iy ^^^^ ^^ make oath in writing, to be annexed to the bond, that he is a freeholder or householder in some part of Upper Canada, stating where, and is worth ine sum for which the deb- tor is in custody, (naming it), and two hundred dollars more, over and above what will pay all his debts, or where there are more than two sureties, then he may require each surety to malfC oath as aforesaid, that he is a freeholder or householder as aforesaid, and is worth one half the sum for which the debtor is in custody, (naming 1869. Arrest and Imprisonment for Debt. Cap. 24. 283 (naming it), and two hundred dollars more, over and above what will pay all his debts. 19 V. c. 43, s. 302. 27. The application for the allowance aforesaid shall be by Allowance to motion of the debtor, and four clear days' notice thereof shall be mo"i'o''nr&c. given in writing to the Plaintiff or his Attorney, who at the time of such motion may object to the sufficiency of the sureties ;and if the Judge refuses his allowance of the bond, then the debtor may cause another bond made to the Sheriff in the same terms and under the same conditions, to be executed without any further appli- cation to the Sheriff, and may move in like manner and upon the like notice for the allowance thereof; and such bond, if allowed and endorsed as aforesaid, shall be substituted for and take place of and have the like effect in all respects, and the like remedies shall be had thereon, as the bond so first given to the Sheriff as aforesaid would have had upon the allowance thereof, and sudh first given bond shall thereupon become void. 20 V. c. 57, s. 26. 28. Upon receipt of such bond, accompanied by an affidavit on receiptor of a subscribing witness of the due execution thereof, and by suchbond.She- the sureties' affidavits of solvency, if required by the Sheriff, [he de^^tor the^ the Sheriff may permit and allow the debtor to go out of close 'imi's without custody in Gaol, into and upon the Gaol limits, and so long as ane«!ape.^ °' such debtor remains within the said limits without departing therefrom, and in al) other respects observes, fulfils and keeps on his part the condition of the said bond, the Sheriff shall not be liable to the party at whose suit such debtor is confined, in any action, for the escape of such debtor from Gaol. 19 V. c. 43, s. 303. 29. Persons who, since the fourth of May, one thousand eight Conditionsof hundred and fifiy-nine, have given or who, after this Act takes w'''t'°f'c"°s^' effect, give bail under a Writ of Capias ad Satisfaciendum, or _or of Attach- under a Writ ofAttachmentunder the thirteenth section of this Act, ment under shall not be bound to remain or abide within the gaol limits, but may depart therefrom at their discretion ; and when a person desires to give bail under such a writ, the bond to the Sheriff shall not contain that part of the usual condition which provides that the debtor shall remain and abide within the limits of the gaol or shall not depart therefrom unless discharged from custody by due course of law ; but the condition shall provide that the person ar- rested shall observe and obey all notices, orders and rules of the Court touching or concerning the debtor or person ordered to pay, or his answering interrogatories, or his appearing to be examined viva voce or otlierwise, or his returning and being remanded into close custody; and the party or his bail shall not be entitled to claim longer time for so observing or obeyingthan he would have been entitled to if t'le party had remained on the limits as here- tofore, but the Court may, notwithstanding, grant further time if the Court be of opinion that the same may be done without substantial injury to the interests of the party to receive the money. 22 V. c. 33 s. 6. (1859.) 30. 284 Cap. 24. Arrest and Imprisonment for Debt. 23 Vict" Persons bailed to the limits be- fore 4th May, 1859, may sur- render them- selves or substi- tute new secu- rity. If the sureties become insol- vent, &c.. She- riff may re- take the debtor. Limits bonds may be assign- ed. 30. Persons who, before the fourth day of May, one thousand eight hundred and fifty-nine, had given bail or security under a Writ of ne Exeat or Capias ad Satisfaciendum, may surrender themselves into custody, or may substitute for their bonds or other security theretofore given under the writ, a bond or other security to the effect and amount mentioned in the preceding sections of this Act; and thereupon in either case the existing bail or security shall be discharged or released. 22 V. c. 33, s. 7. (1859.) 31. In case the Sheriff has good reason to apprehend that the sureties or any of them, have, after entering into such bond, become insufficient to pay the amount by them severally sworn to, he may ngain arrest the debtor, and detain him in close cus- tody. 19 V c. 43, s. 304. The sureties 32. The sureties of the debtor may plead such arrest and arrest^'**'' ^"'^'^ detention in bar of any action brought against them upon the bond entered into by them, and such plea, if sustained in proof, shall wholly discharge them from such action ; and the debtor may again obtain the benefit of the Gaol limits, on giving ta the Sheriff a new bond v/ith sureties as aforesaid. 19 V. c. 43, s. 304. 3S. Upon breach of the condition of any such bond, the party, at whose suit the debtor is confined, may require the Sheriff to assign ihe same to him, and such assignment shall be made in writing, under the seal of the Sheriff, and attested by at least one witness, and the assignee of the Sheriff or the executors or administrators of such assignee, may maintain an action in his or their own names upon such bond, which action the Sheriff shall have no power to release ; but upon executing such assignment at such request, the Sheriff shall be thence- forth discharged from all liability on account of the debtor or his safe custody. 19 V. c. 43, s. 305,-20 V. c. 57, s. 2-^. The sureties 34. The Sureties of any such debtor may surrender him ™|y^surrender jnto the custody of the Sheriff at the Gaol, and the Sheriff, his to what Sheriff, Deputy or Gaoler shall there receive such debtor into custody, *^<=. and the sureties may plead such surrender or an offer to sur- render and the refusal of the Sheriff, his Deputy or Gaoler to receive the debtor into custody at the Gaol, in bar of any action brought on the bond for a breach of the condition hap- pening after such surrender or tender and refusal, and such plea, if sustained in proof, shall discharge them from the action ; but such debtor may again obtain the benefit of the limits on giving to the Sheriff a new bond, with sureties as aforesaid. 19 V. c. 43, s. 306. Debtor on li- 35. The party at whose suit any debtor is confined may, at mits, bouiid to ^ny time, while the debtor enjoys the benefit of the limits, file answermterro- •', ' . , . , , -^ , , , , , . ' gatories. and serve interrogatories, to be answered by the debtor in man- ner provided for in the Act respecting relief of Insolvent Deb- tors, being chapter twenty-six, and in case the debtor neglects or 1859. Arrest ami Imprisonment for Debt. Cap. 24. 285 or omits, for the space of fifteen days next after service thereof, to answer and file the 'answers thereto, and to give immediate notice of such filing to the party at whose suit he is in custody, or to the Attorney of that party, the Court or a Judge, as afore- said, may make a rule or order that such debtor shall be com- mitted to close custody, and the Sherifi, on due notice of such rule or order, shall forthwith take such debtor and re-cpmmit him to Orbereuom- close custody until he obtains a rule of Court or Judge's order »>i"ed. for again admitting him to the limits, on giving the necessary bond as aforesaid, or until he is otherwise discharged by due course of law. 19 V. c. 43, s. 307. 36. A new rule or order may be granted on the debtor o» answering shewing that he has filed his answers to such interrogatories, maybere-ad- and has given to the Plaintiff or his Attorney ten days' notice iTmifs. thereof, and of his intention to apply. 19 V. c. 43, s. 307. 37. Except as provided in the twenty-first section of this Act, plaintiff may the party at whose suit any debtor is confined in execution, have execution may, whenever such debtor has taken the benefitofthe limits, sue "5 of°deSor'on out a Writ of Fieri Facias against his lands or goods, notwith- the limits. standing such debtors having been charged in execution, and such writ shall not be stayed, but shall be proceeded with until executed, although such debtor be re-committed to close custo- dy ; but the wearing apparel of the debtor and that of his family, and their beds and bedding, and household utensils, not exceed- ing together the value of forty dollars, and the tools and imple- ments of the trade of such debtor, not exceeding in value forty dollars, shall be protected from such Writ of Fieri Facias. 19 V. c. 43, s. 308. PERSONS ON THE GAOL LIMITS OF UNITED COUNTIES. 38. Incase a debtor or other person be (in manner pre- Privileges of scribed by law) admitted to the Gaol limits of a Union of fed 'rGaoUi- Counties, and such Union be afterwards dissolved, or one or more mits of United Counties be separated from such Union, such debtor or per- ^"""'a^ssofu.' son may, notwithstanding, travel and reside in any portion of the tion thereof. said Counties as if no dissolution or separation had taken place, without committing a breach of any Bond or the condi- tion thereof, or a forfeiture of any'security given for the pur- pose of obtaining the benefit of such limits ; and in case any such person after the dissolution of the Union be surrendered or ordered to be committed to close custody, he shall be sur- rendered or committed to the Sheriff" of the County in which he was arrested and be imprisoned in the Gaol thereof. 18 V. c. 69, s. 5.— See 22 V. c. 99, s. 57. (1858.) DISCHARGE FROM CUSTODY. 39. A person arrested under a Writ of Capias ad Satisf a- Person oa hail ciendum, or under a Writ of Attachment, though he be not con- aSJ^mll^^icc., fined to close custody but has given bail, may apply for and as if in close obtain his discharge in the same manner and subject to the "="«'"''y' same terms and conditions as nearly as may be, as an execution debtor 286 Cap. 24, 25. Arrest and Imprisonment for D^t. 22 Vict. debtor who is confined to close custody. 22 V. c. 33, s. 8. (1859.) PRISONERS IN CRIMINAI. CUSTODY. Provisions of 40. None of the foregoing provisions relative to the discharge IxTe^d to"per- ^^^^"^ custody or admission to bail, shall extend or be applicable sons in custody to debtors who are, at the same time, in custody upon any char"' criminal charge. 19 V. c. 43, s. 309. Judgment ere- 41. In case any party has obtained a judgment in t^'have^h^^'''^ any Court in Upper Canada, such party, or any person judgmentdeb- entitled to enforce such a judgment, may apply to such Court as\o^hi?prtl^ Or to any Judge having authority to dispose of matters arising perty, &c. in such Court, for a rule or order that the judgment debtor shall be orally examined upon oath before the Clerk of the Crown, or before the Judge or Clerk of the County Court within the jurisdiction of which such debtor may reside, or before any other person to be named in such rule or order, touching his estate and effects, and as to the property and means he had when the debt or liability which wa« the subject of the action in which judgment has been obtained against him was incurred, and as to the property and means he still hath of discharging the said judgment, and as to the disposal he may have made of any property since contracting Committal of such debt or incurring such liability ; and in case such debtor atSance°re- ^^*^^ ^^^ attend as required by the said rule oi order, and does fusaitoac- not allege a sufficient excuse for not attending, or if at- fng^untatirfac'- Ending, he refuses to disclose his property or his transactions loriiy, &c. respecting the same, or does not make satisfactory answers respecting the same, or if it appears from such examination that such debtor has concealed or made away with his pro- perty in order to defeat or defraud his creditors or any of them, such Court or Judge may order such debtor to be com- mitted to the Common Gaol of the County in which he resides for any time not exceeding twelve months, or such Court or Judge may, by rule or order, direct that a Writ of Capias ad Sa- tisfaciendum may be issued against such debtor,, and a Writ of Capias ad SaLisfaciendum may thereupon be issued upon such judgment, or in case such debtor enjoys the benefit of the gaol limits, such Court or Judgcmay make a rule or order for such debtor's being comrtiitted to close custody under the thirty-fifth section of this Act. 22 V. c. 96, s. 13.— See Ante c. 22, s. 288. CAP. XXV. An Act respecting absconding Debtors. HER Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows : WHO IS AN ABSCONDING DEBTOR. Who to be re- 1 . If any person reisident in Upper Canada indebted to any yarded as an Q^jjej- person, departs from Upper Canada with intent to defra/ud his 1859. Absconding Debtors. Cap. 25. 287 his creditors, and at the time of his so departing, is possessed absconding to his own use and benefit, of any real or personal property, '^^^^°'- credits or effects therein, he shall be deemed an absconding debtor, and his property, credits and effects afoi'esaid, may be seized and taken for the satisfying of his debts by a Writ of Attachment. 19 V. c. 43, s. 43. AFFIDAVIT TO OBTAIN ORDER FOR ATTACHMENT. 1. — In the Superior Courts. 3. Upon affidavit made by any Plaintiff, his servant, or proceedings agent, that any such person so departing is indebted to such "?<"> affidavit Plaintiff in a sum exceeding one hundred dollars, and stating fenda'nrha^th the cause of action, and that the Deponent hath good reason to absconded, &o, believe and doth verily believe that such person hath departed from Upper Canada and hath gone to (stating some place to which the absconding Debtor is believed to have fled or that the Deponent is unable to obtain any information as to what place he hath fled,) with intent to defraud the Plaintiff' of his just dues, or to avoid being arrested or served with process, and upon the further affidavit of two other credible persons, that purti,er affida- they are well acquainted with the Debtor mentioned in the vit. first named affidavit, and have good reason to believe and do bfelieve that such Debtor hath departed from Upper Canada with intent to defraud the said Plaintiff, or to avoid being arrested or served with process, either of the Superior Courts of Common Law or any Judge thereof, or the Judge of any County Court, may, by rule or order, direct a Writ of Attach- Writ of At- ment to issue from either of such Superior Courts, and may in |^'u'^^°' '" such rule or order appoint the time for the Defendants putting in Special Bail, which time shall be regulated by the distance from Upper Canada of the place to which the absconding Debtor is supposed to have fled, having due regard to the means of and necessary time for postal or other communication. 19 V. c. 43, s. 44. 3. In cases within the Jurisdiction of a County Court, the When to be Writ of Attachment when issued from either of the Superior ""j';^/^f"/®' Courts, shall be marked in the " Inferior Jurisdiction," and tion." costs shall be governed accordingly. 19 V. c. 43, s. 44. 2. — In County Courts. 4r. In case the sum claimed be within the Jurisdiction of the in case in Countv Courts, any such Court or the Judge or acting Judge County Courts,. T ^ • Ti 1 1 1 J- .. Tir .^ ° /. Judges to order thereof, may m like manner by rule or order direct a Writ of wnts to issue. Attachment to issue from such Court, and the proceedings thereon shall be the same as in this Act provided. 19 V. c. 43, a. 44,-19 V. c. 90, s. 2. WRIT OF ATTACHMENT AiVD SUMMONS. 5. The Writ of Attacliment shall also contain a Summons to Contente of. the absconding debtor, and shall be in the form following : 19 V. c. 43, s. 43, Upper 288 C^P- 25- Absconding Debtors. 22 Vict. Upper Canada, ) Victoria, &c. County of \ To the Sheriff of, &c. (Seal.) Form of Writ We Command you, that you attach, seize and safely keep all «nd Summons, ^j^g ^.^^j ^^^ personal property, , credits and effects, together with all evidences of title or debts, books of account, vouchers and papers belonging thereto, of C. D., to secure and satisfy A. B., a certain debt (or demand) of $ (or £ ) (the sum sworn to) with his costs of suit, and to satisfy the debt and demand of such other creditors of the said C. D., as shall duly place their Writs of Attachment in your hands or otherwise lawfully notify you of their claim, and duly prosecute the same. And we also command the said C. D., that within (the time named in the Judge's order or rule of Court,) days after the service of this Writ on him, inclusive of the day of such service, he do cause special bail to be entered for him in our Court (or County Court) of , in an action to recover $ (or £ ) {the sum sworn to) at the suit of the said A. B.; And we require the said C. D. to take notice, that his real and personal property, credits and effects in Upper Canada have been attached at the suit of the said A. B., and that in default of his putting in special bail as aforesaid, the said A. B. may, by leave of the Court or a Judge, proceed therein to judgment and execution, and may sell the property so attached ; And we command you, the said Sheriff, that as soon as you have executed this Writ, you return the same with the inventory and appraisement of what you have attached thereunder. Witness, &c.. In the margin. Issued from the Office of the Clerk {or Deputy Clerk) of the Crown and Pleas {or of the Clerk of the County Court) in the County of (Signed, j ' J. H., Clerk, or Deputy Clerk or Clerk of the County Court. Memorandum to be subscribed on the Writ. N. B. — This Writ is to be served within six months from the date thereof, or if renewed, then from the date of such renewal, including the day of such date, and not afterwards. 'Indorsement to be made on the Writ before service thereof. This Writ may be served out of Upper Canada, and was issued by E. F., of , Attorney, &c., {as on a Writ of Summons, under the Common Lata Procedure Act,) 0. 1859. Absconding Debtors. Cap. 25. 289 6. Every such Writ shall be dated on the day on which it is To be dated on issued, and shall be in force for six months from its dale, and may fo'beVn forc^""* be renewed for the purpose of effecting service on tlie Defendant, 6 months. in like manner as a Writ of Summons may be renewed tinder the Common Law Procedure Act. 19 V. c. 43, s. 43. 7. Every Writ of Attachment shall issue in duplicate, and 'WritofAttach- shall be so marked by the officer issuing the same (the costs of aJTplL'ate*^"^ ** suing out the same being allowed only as if a single Writ issued,) and one Writ shall be delivered to the Sheriff to whom the same is directed, and the other shall be used for the purpose of effecting service on the Defendant. 19 V, c. 43, s. 44. PROCEDURE. 8. In case it be shewn by affidavit to the Court or a Judge having Further pro- jurisdiction in the case, that a copy of the Writ was personally ceedings afier served on the Defendant, or that reasonable efforts were made to ' effect such service, and that such Writ came to his knowledge, or that the Defendant hath absconded in such a manner that after diligent inquiry no information can be obtained as to the place he hath fled to, such Court or Judge, if the Defendant has not put in Special Bail may, either require some further attempt to effect service or may appoint some act to be done which shall be deemed good service, and thereupon, (or on the first application, if the Court or a Judge thinks fit) such Court or Judge may authorize the Plaintiff to proceed in the action in such manner and subject to such conditions as the Court or Judge may direct or impose. 19 V. c. 43, s. 45. 9. Before the Plaintiff obtains Judgment he shall prove piaintiffmust the amount of the debt or damages claimed by him in such prove his claim, action either before a Jury on an assessment, or by reference as provided in the Common Law Procedure Act, according to the nature of the case, and no execution shall issue until the Plaintiff, his Attorney or Agent, has made and filed an affidavi^f^e sum justly due to the Plaintiff by the absconding DeiH|^^ter giving him credit for all payments and claims whien^night be set off or lawfully claimed by the Debtor at the time of making such last mentioned affi- davit, and the execution shall be indorsed to levy the gum so sworn to with the taxed costs of suit, or the amount of the Judgment including the costs, which ever is the smaller sum oftiietwo. 19 V. c. 43, s. 45. 1©. The Plaintiff may at any time within six months from Plaintiff may the date of the original Writ of Attachment, without further °ent'^ts°to'^' order from the Court or a Judge, issue from the office whence other sheriife* the original Writ issued, one or more Concurrent Writ or Writs of Attachment, to bear teste on the same day as the original Writ, and to be marked by the Officer issuing the same with the word " Concurrent " in the margin, which Concurrent s Writ 290 C^P- 2^- Absconding Debtors. 22 Vict. Writ or Writs of Attachment may be directed to any Sheriff other than the Sheriif to whom the original Writ was issued, and need not be sued out in duplicate or be served on the De- For attaching jfendant, but shall operate merely for the attachment of his real properly. or personal property, credits or effects in aid of the original Writ. 19 V. c. 43, s. 46. Court may ai- 1 1 . The Coun or a Judge at any time before or after final topuUa sjredal Judgment, but before execution executed, upon an application bail. supported by satisfactory affidavits, accounting for the Defen- dant's delay and default and disclosing a good defence on the merits, may, having regard to the time of the application and other circumstances, let in the Defendant to put in Special Bail and to defend the action, or may reject the application. 1 9 V. c. 43, s. 47. BAIL. Defendant's 12. The specialBail(whetherputin within the time limited by property to be the Writer within such time as the Court or a Judge directs,) shall putting in spe- be put in and perfected in like manner as ifthe Defendant had been cial bail. arrested on a Writ of Capias for the amount sworn to on obtain' ing the attachment ; and after being so put in and perfected the Defendani shall be let in to plead, and the action shall pro- ceed as in ordinary cases begun by Writ of Capias. 19 V. c. 43, s. 48. Orproceedsii ISI. Upon the Defendant so putting in and perfecting Spe- ^°'''' cial Bail, all his property, credits and effects attached in that suit, (excepting any which may have been disposed of as perishable, and then the net proceeds of the goods so disposed of,) shall be restored and paid to him unless there be some other lawful grotmd for the Sheriff to withhold or detain the same. 19 V. c. 43, s. 48. WHAT PROPERTY MAY BE ATTACHED. Sheriff to attach 14. All the property, credits and effect^ including all rights all the property and shares in any Association or Corporation, of an abscondins; sun orpfiiis tir * defeddant. Debtor, may be attached in the same manner as they might be seized in execution ; and the Sheriff to whom any Writ of Attach- ment is directed shall forthwith take into his charge or keeping all such property and effects according to the exigency of the Writ, and shall be allowed all necessary disbursements for keeping the same, and he shall immediately call to his assistance two Inventory to be substantial freeholders of his County, and with their aid he made. gfj^H make a just and true inventory of all the personal property, credits and effects, evidence of title or debt, books of account, vouchers and papers that he has attached, and shall return such inventory signed by himself and the said freeholders, together with the Writ of Attachment. 19 V. c. 43, s. 49. PERISHABLE 1869. Absconding Debtors. Cap. 25. 291 PERISHABLE PROPERTY. 15. In case any horses, cattle, sheep, pigs or any perishable Howperishable goods or chattels, or such as from their nature (as timber or goods shall be staves) cannot be safely kept or conveniently taken care of, be '''^°' ^" • taken under any Writ of Attachment, the Sheriff who at- tached the same shall have them appraised and valued, on oath, by two competent persons ; and in case the Plaintiff desires it and deposits with the Sheriff a Bond to the Defendant executed by two freeholders (whose sufficiency shall be approved of by the Sheriff,) in double the amount of the appraised value of such articles, conditioned for the payment of such appraised value to the Defendant, his executors or administrators, together with all costs and damages incurred by the seizure and sale thereof, in case Judgment be not obtained by the Plaintiff against the Defendant, then the Sheriff shall proceed to sell all or any of such enumerated articles at public auction, to the highest bidder, giving not less than six days' notice of such sale, , unless any of the articles are of such a na- ture as not lo allow of that delay, in which case the Sheriff may sell such articles last mentioned forthwith ; and the Sheriff sheriffs to hold shall hold the proceeds of such sale for the same purposes as prof^eeds. he would hold anv property seized under the attachment. 19 V. c. 43, s. 50. 16. If the Plaintiff, after notice to himself or his Attorney of Such goods to the seizure of any articles enumerated in the last preceding pf J^^ 'g- fafj to section, neglects or refuses to deposit such a Bond, or only give sufficient offers a Bond with sureties, insufficient in the judgment of the security. Sheriff, then, after the lapse of four days next after such notice, the Sheriff shall be relieved from all liability to such Plaintiff in respect to the articles so seized, and the said Sheriff shall forthwith restore the same, to the person from whose possession he took such articles. 19 V. c. 43, s. 61. WHEN DIVISION COURT ATTACHMENTS SUPERSEDED. 17. If any Sheriff to whom a Writ of Attachment is de- Proceeding it livered for execution, finds any property or effects, or the pj^'^e^yf/the proceeds of any property or effects which have been sold as handsofaBai- peri^ihable, belonging to the absconding Debtor named in such D'[y'i'sion''c^o„rt* Writ of Attachment, in the hands, or in the custody and keeping of any Constable or of any Bailiff or Clerk of a Division Court by virtue of any Warrant or Warrants of Attachment issued under the Division Courts Act, such Sheriff shall demand and take from such Constable, Bailiff or Clerk, all such property or effe('is, or the proceeds of any part thereof as aforesaid, and such Constable, Bailiff or Clerk, on demand by such Sheriff and notice of the Writ of Attachment, shall forthwith deliver all .'-iich property, effects and proceeds as aforesaid to the Sher ff, upon penalty of forfeiting double the value of the amount then )f, to be recovered by such Sheriff, with costs of suit, and =2 to 292 C^P- '^^- Absconding D/btors. 22 Vict. to be by him accounted for after deducting his own costs, as Creditor in Di- part of the property and effects of the absconding Debtor ; but vision Court jjjg Creditor or Creditors who have duly sued out such Warrant j^dgment.^*^ ° Or Warrants of Attachment may proceed to Judgment against the absconding Debtor in the Division Court, and on obtaining Judgment, and serving a memorandum of the amount thereof, and of the costs to be certified under the hand of the Clerk of the Division Court, every such Creditor shall be entitled to satisfaction in like manner as, and in rateable proportion with, the other Creditors of the absconding Debtor who obtain Judg- ment as hereinafter mentioned. 19 V. c. 43, s. 56. sheriff's costs. Sheriff's costs, 1 8. The costs of the Sheriff for seizing and taking charge and how paid, ^f property, credits and effects under a Writ of Attachment, in- cluding the sums paid to any persons for assisting in taking an inventory, and for appraising (which shall be paid for at the rate of one dollar for each day actually required for and occupied in making such inventory or appraisement) shall be paid in the first instance by the Plaintiff, and may, after having been taxed, be recovered by the Sheriff by action in any Court, having jurisdiction for the amount, and such costs shall be taxed to the party who pays the same as part of the disbursements in the suit against the absconding Debtor and be so recovered from him. 19 V. c. 43, s. 54. APPRAISEMENT. New-writ not 5®- The Sheriff having made au inventory and appraisement to matte new on the first Writ of Attachment against any absconding Debtor, quS"e?'^^ ^^' shall not be required to make a new inventory and appraise- ment on a subsequent Writ of Attachment coming into his hands, nor shall he be allowed any charge for an inventory or appraisement except upon the first Writ. 19 V. c. 43, s. 54. COSTS IN CASE OF ATTACHMENTS NOT WARRANTED. Whendefen- SO. If at any time before execution issues, it appears to coste'ofde™^^"" ^^^ Court upon motion and upon hearing the parties by affida- fence. vit, that the Defendant was not an absconding Debtor within the true meaning of this Act, at the time of the suing out of the Writ of Attachment against him, such Defendant shall recover his costs of defence, and the Plaintiff shall, by rule of Court, be disabled from taking out any Writ of Execution for the amount of the verdict rendered or ascertained upon reference or otherwise recovered in such action, unless the same exceeds, and then for such sum only as the same exceeds, the amount of the taxed costs of the Defendant, and in case the sum so recovered is less than the taxed costs of the Defendant, then the Defendant shall be entitled, after deducting the amount of the sum recovered from the amount of such taxed costs, 1859. Absconding' Debtors. Cap. 25. 293 costs, to take out execution for the balance in like manner as a Defendant may now by law have execution for costs in ordi- nary cases. 19 V. c. 43, s. 48. PEBTDING SUITS TO CONTINUE. 31. Any person who has commenced a suit in any Court persons having Record of Upper Canada, the process wherein was previously rved or executed before the suing out of a Writ of Attach- s,iHs against ment against the same defendant as an absconding Debtor, the same de- may, notwithstanding the suing out of the Writ of Attachment, p'i-oceed'to ^^ proceed to Judgment and execution in his suit in the usual judgment,&o. manner ; and if he obtains execution before the Plaintiff in any such Writ of Attachment, he shall have the full advantage of his priority of execution, in the same manner as if the pro- perty and effects of such ab.sconding Debtor still remained in his own hands and possession, but if the Court or a Judge so orders subject to the prior satisfaction of all costs of suing out and executing the Attachment. 19 V. c. 43, s. 55. FRAUDULENT JUDGMENTS. 22. In case it appears to the Court in which any sncb prior ac- icsuch suit be tion has been brought or to a Judge thereof, that such judament fraudulent or • ti o collusive is fraudulent, or that such action has been brought in collusion with the absconding debtor, or for the fraudulent purpose of defeating the just claims of his other creditors, such Court or Judge may, on the application of the plaintiff on any Writ of Attachment, set aside such judgment and any execution issued thereon or stay proceedings therein. 19 V. c. 43, s. 55. HOW DEBTS ATTACHED AND LIABILITY Or DEBTOR. 23. In case notice in writing of the Writ of Attachment Proceedings has by the Sheriff, or by or on behalf of the plaintiff in such a/ter notice of TTT • 1 1 1 J • II the seizure. Writ, been duly served upon any person owing any debt or demand to, or who has the custody or possession of any pro- perly or efl'ects of, an absconding debtor, and in case such per- son after such notice pays any such debt or demand or de- livers any such property or effects to such absconding debtor, or to any person for the individual use and benefit of such absconding Debtor, he shall be deemed to have done so frau- dulently, and if the Plaintiff recovers Judgment against the absconding Debtor, and the property and effects seized by the Sheriff are insufficient to s itisfy such Judgment, such person shall be liable for the amount of such debt or demand, and for such property and effects or the value thereof. 19 V. c. 43, s. 52. . * 24. If after notice as aforesaid of a Writ of Attachment, Defendant's any person indebted to tlie absconding Debtor, or having custo- htm''afteMhe'^ dy of his property as aforesaid, be sued for such debt, seizure, m«y demand 294 *^^P' ^^- Absconding Debtors- 22 Vict. obtain stay of demand or property by the absconding'debtor, or by any person proceedings. ^^ whom the absconding Debtor has assigned such debt or pro- perty since the date of the Writ of Attachment, he may, on affidavit, apply to the Court or a Judge, to stay proceedings in the action against himself, until it be known whether the pro- perty and effects so seized by the Sheriff, be sufficient to dis- charge the sum or sums recovered against the absconding Debtor, and the Court or Judge may make such rule or order in the matter as the' Court or Judge thinks fit, and if neces- sary may direct an issue to try any disputed question of fact. 19 V. c. 43, s. 52. WHEN SHERIFF MAY SUE FOR OUTSTANDING DEBTS. Debtor of tie- S5. If the real and personal property, credits and effects fendantmay be gf jjjjy absconding Debtor attached by any Writ of Attach- ant's property ment as aforesaid, prove insufficient to satisfy the executions seized be not obtained in the .suit thereon against such absconding Deblor, satisfy piaintifl. the Sheriff having the execution thereof may, by rule or order of the Court or a Judge, to be granted on the application of the Plaintiff, in any such case, sue for and recover from any person indebted to such absconding Debtor, the debt, claim, property or right of action attachable under this Act and owing to or recoverable by such absconding Debtor, with costs of suit, in which suit the Defendant shall be allowed to set up any defence which would have availed him against the absconding Debtor at the date of the Writ of Attachment, and a recovery in such suit by the Sheriff shall operate as a discharge as against such absconding Debtor ; and such Sheriff shall hold the moneys recovered by him as part of the assets of such absconding Debtor, and shall apply them accordingly. 19 V. c. 43, s. 53. FORM OF DECLARATION. Averment lobe S6. The declaration in any such action by the Sheriff shall Hff's'dec-ra"''^' Contain an introductory averment to the effect following : tion. A. B., Sheriff of, (&c.) who sues under the provisions of the law respecting absconding Debtors, in order to recover from C. D., Debtor to E. F., an absconding Debtor, the debt due [or other claim, according to the facts) by the said C. D., to the said E. F., complains, &c. 19 V. c. 43, s. 53. siieriifiiot ST. The Sheriff shall" not be bound to sue any party as unmlredlto ^fo^esaid until the attaching creditor gives his bond with two gives bond to Sufficient sureties payable to such Sheriff by his name of office indemnify him. in double the amount or value of the debt or property sued for, conditioned to indemnify him from all costs, losses and ex- penses to be incurred in the prosecution of such action or to which he may become liable in consequence thereof. 19 V- c. 43, s. 53. 88. 1859. . Absconding Debtors. Cap. 25. 295 38. In the event of the death, resignation or removal from Shfrift's suo- office of any Sheriff after such action brought, the action If^Zu^ihe shall not abate, but may be continued in the name of his action. successor to whom the benefit of the bond so given shall enure as if he had been named therein, and a suggestion of the necessary facts as to the change of the Sheriff as Plaintiff shall be entered of record. 19 V. c. 43, s. 53. V?HEN DISTRIBUTION TO BE RATEABLE. S9. When several persons sue out Writs of Attachment proceedings if against an absconding Debtor, the proceeds of the property several persons and effects attached and in the Sheriff's hands, shall be rate- aga1n°uhr " ' ably distributed among such of the Plaintiffs in such Writs same abseond- as obtain Judgments and sue out execution, in proportion to the '"° *" '"' sums actually due upon such Judgments, and the Court or a Judge may delay the distribution, in order to give reasonable time for the obtaining of Judgment against such absconding Debtor. 19 V. c. 43, s. 57. WHEN- JUDGMENT CREDITOR IN DIVISION COURT TO PARTICIPATE. 8©. Every Creditor who produces a certified memorandum Creditors under from the Clerk of any Division Court, of his Judgment as °!j"m°enS°to' aforesaid, shall be considered a Plaintiff in a Writ of Attach- share pari ment who has obtained Judgment and sued out execution, and i"""^- shall be entitled to share accordingly. 19 V. c. 43, s. 57. Si. In case the property and effects of the absconding who to be ea- Debtor be insufficient to satisfy the sums due to such Plaintiffs, ^^^ to share if none shall be allowed to share, unless their Writs of Attach- proves insu'ffi- ment were issued and placed in the hands of the Sheriff for '='™*'°P^y^"' execution within six months from the date of the first Writ of Attachment, or in case of a Warrant of Attachment, unless the same was placed in the hands of the Constable or Bailiff before or within six months after the date of the first Writ of Attachment. 19 V. c. 43, s. 57. SURPLUS TO BE RESTORED. 82. If after the period of one month next following the when all the return of any execution against the property and effects of any f^'^'"!? °''*.'?'- _ 1 . •'i^ , P ■ J h 1 /• , . ■' '"fs are satis- absconding Debtor, or alter a period of one month from a dis- fied, the re- tribution under the order of the Court or a Judge, whichever ™f',"'"^?''°j' . last happens, and after satisfying the several Plaintiffs Uveredup. entitled, there be no other Writ of Attachment or execu- tion against the same property and effects in the hands of the Sheriff, then, all the property and effects of the absconding Debtor, or unappropriated moneys the proceeds of any part of such property and effects, remaining in the hands of the Sheriff, together with all books of account, evidences of title or of debt, vouchers and papers whatsoever belonging thereto, shall be 296 Cap. 25, 26. 'Absconding Debtors. Vict, be delivered to the absconding Debtor or to the person or persons in whose custody the same were found, or to the authorized Agent of the absconding Debtor, and thereupon the responsibility of the SheJiff in respect thereto shall determine. 19 V. c, 43, s. 58. CAP. XXVI. An Act respecting relief of Insolvent Debtors, HER Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows : INSOLVENT DEBTORS IN EXECUTION. Weekly allowance to Debtors in dose cvstody. In what oases I. If a debtor in close custody: debtors in close custody to be entitled to 1. Upon mesne process ; or •weekly allow- ance. _ , 2. In execution ; or 3. Upon an attachment or other process, for non-payment of costs, or for non-payment of any sum ot money awarded, or for the non-payment of any claim in the nature of a debt or demand due, being a sum certain or capable of being ascertained by computation and not in the nature of a penalty to enforce the doing of some act other than the payment of a sum of money, (in which several cases the debtor shall be deemed to be a prisoner in execution,) makes oath : 1. That he is a prisoner in close custody, setting forth on which of the causes of detention above specified ; and 2. That he is unable to find security for the limits ; and 3. Is not worth the sum of five pounds ; and 4. In case he is in custody on mesne process that he is un- able to procure bail to the action, and that he does not believe the demand of the Plaintiff to be just, and for that cause, and no other, resists payment of the same and refuses to confess judgment for the sum sworn to,— the Court from which the process issued, or any Judge having authority to dispose of matters arising in suits in such Court, shall make a rule or order on the Plaintifi'at whose suit the debtor is detained, to The allowanfe pay to such debtor on the third Monday after the service of •when payable, g^g]^ ,.^^]g ^r order, and upon each Monday thereafter, so long as such debtor is detained in piison at the suit of such Plaintiff for such cause, the sum of two dollars, and such payment shall 1859. Reliff of Insolvmt Debtors. Cap. 26. 29T shall be made to the debtor or to the Gaoler in whose custody he is, for the use of such debtor. 19 V. c. 43, s. 295. 3. In default of such payment, the debtor, on his affidavit of when debtor the default and after service of a rule nm or Judge's Sum- entitled lo be mons, to be obtained on such affidavit, shall, unless sufficient noTpaif.'^ ' ' cause is shewn, to the contrary, be discharged from custody by rule or order; but such discharge shall not, in case the debtor was confined on Mesne Process, prevent the Plaintiff from proceeding to judgment and execution against the body, lands or goods according to the practice of the Court, and in case the debtor is a prisoner in execution, such discharge shall not be arelease or satisfaction of the Judgment or other debt or demand, nor shall such discharge, for the non-payment whereof the debtor was in custody, deprive the Plaintiff of any remedy against the lands or goods of such debtor. 19 V. c. 43, s. 295. 3. When a debtor applies for the weekly allowance, or 1o Debtor not: eti' be discharged from custody for the non-payment thereof, the titled to allow- PlaintifF may file interrogatories lor the purpose of discovering discharge in de- any property or effects such debtor maybe possessed of or ''^u't o^ pay- .•ii 1 J 1 • I 1 • ii • 11 i 1 raent until he entitled to, or which may be in the possession or underthe control hass answered of some other person for his use or benefit, or which he may have interrogatories fraudulently disposed of to injure his creditor, and the Plaintiff" p^perty. may serve a copy of such interrogatories on such debtor, and thereupon, and until the debtor has fully answered the same upon oath to the satisfaction of the Court or Judge, and filed his answers and given sufficient notice of such filing to the Plaintiff or his Attorney, no rule or order for the payment of such weekly allowance shall be made, or if previously made, no order for his discharge for non-payment thereof shall be made. 19 V. c. 43, s. 296. 4. If such debtor has obtained an order for payment of the Filing interro- weekly allowance, the Plaintiff may at any time file and serve 1^'°"^^'" such interrogatories, and the Court from which the process issued, or a Judge, on application of the Plaintiff, may stay further payment until the debtor has sworn to and filed his answers, and has given to the Plaintiff or his Attorney four clear days^ notice thereof. 19 V. c. 43, s. 297. 5. In case such debtor be a prisoner in close custody Defendant in in several suits or matters, he must make all the Plain- ^■"'^'°''V9°*'^- Vf r3.l writs tiffs, in such suits or matters, parties to his application for only entitled to- the weekly allowance, and he shall only be entitled to one o"«a"°'«'a°«s,, weekly sum of two dollars, although in custody in sever- al suits and matters ; and in any such case, if the weekly allowance be unpaid, the debtor shall have the same right as when in custody in one suit only, to be discharged from custody in all the suits or matters named in the order for pay- ment, and the Plaintiffs named in such order must all be made parlies on any application for the debtor's discharge on account of ^9g Cap. 26. Relief of Insolvent Debtors. 22 Vict. of non-payment, and all such Plaintiffs must join in adminis- tering interrogatories to the Defendant, as if they were Plaintiffs in one suit, and such Plaintiffs shall regulate among themselves the apportionment of the weekly allowance and the arrange- ment for payment thereof. 19 V. c. 43, s. 298. Aiiowancemay ®. The Plaintiff shall be entitled to recover from his debtor be recovered ^\\ gums paid to him for weekly allowance while a prisoner on iroin debtor as _ _ _ r ,■ c .^ , c , ^osis. Mesne Process, and upon proot oi the amount oi such payment before the proper taxing Officer, such, sums shall be allowed as disbursements in the suit and be taxed as part of the costs thereof 19 V. c. 43, s. 299 AdeDtoriaciis- 7. In case any debtor, according to the intent and meaning of todyinexecu- |.[^jg ^^j ^^Jjq jg qj. j^g^y j^g confined in close custody in exe- tion, may apply . ' , „.' „ , . r < ■ "1 tobedischarg- cution at the time ol, or alter the passmg oi this Act, gives ed ; and after ^q ^he party at whosc suit he is a prisoner or to his Atlorney, what notice, .'.•'.. , , -n r < ■ ■ c i •" &c. a notice in writing that he will, alter the expiration oi ten days from the day of the service of such notice, apply to be dis- charged from custody, the Plaintiff, at whose suit he is Examination of Confined, may file interrogatories for the purpose of discovering such debtor as any property or effects which such debtor may be possessed &c., b/inter-' ' of or entitled to, or which may be in the possession or under the rogatories. control of some other person for the use or benefit of such debtor, or which such debtor, having been in possession of, may have fraudulently disposed of to injure his creditor, and touching such debtor's estate and effects, and the circumstances under which he contracted the debt or incurred the liability which was the subject of the action in which Judgment has been rendered against him, and as to the means and expectations such debtor then had, and as to the property and means he still hath, and as to the disposal he may have made of any of his property, and Or viva voce may serve a copy of such interrogatories on such debtor ; or the j*d°ourt or a Judge. 19 V. c. 43, s. 222. SERVICE. 6. The Writ shall be served in the same manner as a Service of Writ. declaration in Ejectment was formerly served, or in such man- ner as the Court or a Judge may order. 19 V. c. 43, s. 223. 7. In case of a vacant possession, service may be by posting ^f a copy of the writ and notice upon the door of the dwelling vacant- house or other conspicuous part of the property. 19 V. c. 43, s. 223. APPEARANCE. 8. The persons named as Defendants in the Writ, or any when tenant to of them, may appear within the time appointed ; and with the appearand appearance shall file a notice addressed to the Claimant, stating fii°ereupon*' that besides denying ihe tit'e of the Claimant, the party asserts given. title in himself, or in some other person, (Stating who) under whom he claims, and setting forth the mode in which such title is claimed, in like manner, to the same extent, and subject to the same conditions, rules and restrictions as are hereinbefore set forth in respect to the notice of a Claimant's title, and the giving proof thereof at the trial, 19 V. c. 43, s. 224. 9. Any other person not named in the Writ, may, by leave landlords may- of the Court or a Judge, appear and defend, on filing an affi- appear. davit shewing that he is in posses.sion of the land either by himself or his tenant. 19 V. c. 43, s. 225. 1 ©. All appearances shall be entered and all subsecpent in what offiee proceedings conducted in the Office from which the Writ and^proceed- issued. 19 V. C. 43, S. 226. ingstobeen- tered. 11. Any person appearing to defend as landlord in respect What landlord.s of property whereof he is in possession, in person or by his te- ""'o'f'f'^y nant, shall state in his appearance that he appears as landlord, and he may set up any defence which a landlord appearing in an Ejectment has heretofore been allowed to set up, and no other. 19 V. c. 43, s. 227. DEFENCE. 12 Any person appearing to such Writ may limit his de- Thedejence fence to a part only of the property mentioned therein ™^^uce'™ven- describing that part with reasonable certainty in a notice enti- tled in ihe Court and cause, and signed by him or his Attorney, which notice must be served within four days after appearance, upon :504 Cap. 27. Ejectment. 22 Vict. upon, the Attorney whose name is endorsed on the Writ if any, and if none, then filed in the proper Office ; and an ap^ pearance without such notice confining the defence to a part, shall be deemed an appearance to defend for the whole. 19 V. c. 43, s. 228. ii notice too 1 3. Want of " reasonable certainty''^ in the description of the vague, a letter properly or part of it, in the Writ, or in the notice of defence, or in may eor ere ^^^ notice of llie title given by either party, shall not nullify them, but shall only be ground for an application to a Judge for better particulars of the land claimed or defended, or of the title thereto, which a Judge may order in all cases. 19 V. c. 43, s. 229. Defenceofper- 14-. The Court or a Judge may strike out or confine appear- posseSon'may ances and defences set up by persons not in possession by be restrained, themselves or their tenants. 19 V. c. 43, s. 230. JUDGMENT BY DEFAULT. Jud"-mentin ^^- I" case no appearance be entered within the time ap- caseofnon- pointed, or if an appearance be entered, but the defence •defeneefOT °^ ^^ limited to part only, the Plain'iff may sign a Judgment that part only. the person whose title is asserted in the Writ shall recover pos- ' session of the land, or of the part thereof to which the defence does not apply, which Judgment if for all may be in the form Form of. No. 2, Or to the like effect, and if for part, may be in the form No. 3, or to the like eifect. 19 V. c. 43, s. 231. ISSUE. If appearance is * ®- ^^ °^^® an appearance be entered, the Claimants or entered.piaintifr their Attorney, may, without any pleadings, make up an issue S.™*'"'"'' by setting forth the Writ and stating the fact of the ap- pearance with its date, and the notice limiting the defence, if any, of each of the persons defending, so that it may appear for what defence is made, and directing the Sheriff to summoa a Jury ; and such issue, in case defence is made for the whole, may be in the form No. 4, or to the like eifect, and in case de- fence is made for part, may be in the form No. 3, or to the like effect. 19 V. c. 43, s. 232. VEXATIOUS DEFENCES. Provision res- 17. It being desirable in actions of Ejectment brought peciin? Vexa- against persons who are merely intruders not to prevent lionsdefences JR . * /. . i i j. i . t , , . ^«, . without merits. Claimants from recovermg land to which they have just Claim on account of some want of technical form in their title, or some imperfection not affecting the merits of their case and of which mere Strangers to the title having no Claim or colour of legal Claim to the possession should not be permitted to take advantage ; the Claimant or his attorney, in any action of Ejectment, "Form of. 1859. Ejectment. Cap. 21. 305 Ejectment, may serve a notice upon the Defendant in words or to the effect following : Take notice that I claim the premises for which this action porm ofnotice. is brought as the bond fide purchaser thereof, from A. B. , or as heir at law of A. B., of , {or otherwise, as the case may Je,) and that you will be required to show upon the trial of this cause what legal right you have to the possession of the pre- mises. 4 W. 4, c. 1, s. 52. 18. If upon the trial of such Ejectment, the evidence of title Formal defects given by the Claimant satisfies the Court and Jury that i",iP'*|jHf' * he is entitled in justice to be regarded as the proprietor of the whenand'how. land, or is entitled to the immediate possession thereof for any term of years, but that he cannot shew a perfect legal title by reason of some want of legal form in some instrument produced. Of by reason of the defective registration of some will or instru- ment produced, or from any cause not within the power of the Claimant to remedy by using due diligence, the Jury, under the direction of the Court, may find a verdict for the Claimant, unless the Defendant, or his counsel, upon being required by the other party so to do, gives such evidence of title as shews that he is the person legally entitled, or that he does bond fide claim to be the person legally entitled to the land, by reason of the defect in the title of the Claimant, or that he holds, or does bond fide claim to hold, under the person so entitled. 19. When a verdict is rendered under the authority of the The verdict to foregoing provision, it shall be endorsed as given under the ^ endorsed »s seventeenth and eighteenth sections of this Act, and it shall be [his Act. stated in the joosiea and entry of the judgment to have been so given ; and in any action thereafter brought for the mesne pro- fits, such judgment in Ejectment shall not be evidence to entitle the Claimant to recover. 4 W. 4, c. 1, s. 52. SPECIAL CASES. 30. By consent of the parties and by leave of a Judge, a A special case special case may be stated as in other actions. 19 V. c. 43, s. may be stated. 233. QUESTIONS OF FACT. 31. If no special case be agreed to, the Claimants may Questions to be proceed to trial in the same manner as in other actions, and the triedifnospe- particulars of the claim and defence and of the notices of Clai- upon!^^ mant and Defendant of their respective titles, if any, or copies thereof, shall be annexed to the record by the Claimants ; and except in the cases hereinafter mentioned, the question at the trial shall be whether the statement in the Writ of the title of the Claimants is true or false, and if true, then which of the Claimants is entitled, and whether to the whole or part, and if to part, then to which part of the property in question ; and T the 306 Cap. 27. Ejectment. 22 Vict. Form of enlry of verdict. If claimant was entitled at ser- vice of Writ, but not after- wards. the entry of the verdict may be made in the form No. 5, or to the ] iiie effect, with such modifications as may be necessary to meet the facts. 19 V. c. 43, s. 234. 23. In case the title of the Claimant as alleged in the Writ existed 'at the time of service thereof, but had expired before the trial, the Claimant shall, notwithstanding, be , en- titled to a verdict, according to the fact, that he was entitled at the time of serving the Writ, and to judgment for his costs of suit. 19 V. c. 43, s. 235. PLACE OF TKIAL MAY BE CHANGED. Comt may alter 2S. On the application of either party, and on grounds place of trial on shewn by affidavit, the Court or a Judge may order that the trial shall take place in any County other than that in which the Venue is laid, and such order being suggested on the record, the trial may be had accordingly. 19 V. c. 43, s. 236. FAILURE OF CLAIMANT OR DEFENDANT TO APPEAR. Defendant ap- S4. If thc Defendant appears, and the Claimant does not pearin^and appear at the trial, the Claimant shall be non-suited, and if the Tng default, and Claimant appear and the Defendant does not appear, the vice versh. Claimant shall be entitled 1o recover without any proof of his title. 19 V. c. 43, s. 237. SPECIAL VERDICT. Special verdict, 35. The Jury may find a special verdict, and either party ^'^- may tender a bill of exceptions. 19 V. c. 43, s. 238. ' JUDGMENTS. 1. — UPON A FINDING FOR THE PLAINTIFF. ludgment il ■claimant re- cover. ©@. Upon a finding for the Claimant, Judgment may be signed and execution issued for the recovery of possession of the property or of such part thereof as the Jury have found the Claimant entitled to, and for costs, within the time (not exceed- ing the fifth day in Term next after the verdict) ordered by the Court or Judge who tried the cause, and if no such order be made, then on the fifth day in Term next after the verdict. 19 V. c. 43, s. 239. '. UPON A FINDING FOR DEFENDANT. Execution and costs. Costs to de- fendant, if claimant fail. S7. Upon a finding for the Defendants, or any of them, Judgment may be signed and execution for costs issued against the Claimants named in the Writ, within the same time, and in like manner as upon a finding for the Claimant. 19 V. c. 43, s. 240. EXECUTIONS. 1859. Ejectment. Cap. 27. 307 EXECUTIONS. S8. Upon Judgment for recovery of possession and costs, One or more there may be either one Writ or separate Writs of Execution Writs of Ex- for the recovery of possession, and for the costs, at the election fssue™ '"^'^ of the Claimant. 19 V. c. 43, s. 241. JOINT-TENANTS, &C. @9. In case the action has been brought by some or one of As to defend- several persons entitled as joint tenants, tenants in common or ants being joint coparcenary, any joint tenant, tenant in common or coparcener nants in oom- in possession, may, at the time of appearance or within four days monj e. i- 1 I " 111 1 ,1 -1 al'er execution and atter execution has been executed, the lessor or landlord executed. shall be accountable only for so much as he really and bond fide without fraud, deceit, or wilful neglect, has made of the demised premises from the time of his entering into the actual possession thereof, and if what he has so made be less than the rent reserved on the said lease, theij the said lessee or his as- signee, before being restored to his possession, shall pay such lessor or landlord what the money so by him made fell short of the reserved rent for the time such lessor or landlord held the lands. 19 V. c. 43, s. 264. STAY or PROCEEDINGS IF RENT PAID. 56. If the tenant or his assignee at any time before the Discontinuance trial in the Ejectment, pays or tenders to the lessor or landlord, if tenant pay or to his Attorney in the cause, or pays into the Court wherein and costs be- the cause is depending, all the rent and arrears together fore trial, &c. with the costs, all further proceedings on the Ejectment shall cease; and if such lessee or his assigns, upon such ifhebereiiev- proceeding as aforesaid, be relieved in equity, he and they ^ '° Equity, shall have, hold and enjoy the demised lands according to the lease thereof made, without any new lease. 19 V. c. 43, s. 265. IF TENANT REFUSES TO GO OUT. ST. 1. In case the term or interest of any tenant of any Proceedings land*, tenements or hereditaments, holding the same under a foj^ii^ch any lease or agreement in writing for any term or number of years tenant holds certain, or from year to year, expires or is determined either by haVexpirS"^ the landlord or tenant by regular notice to quit ; and 2. in case and the tenant a lawful demand of possession in writing made and signed by ^f'"^t!°ifi!r r 3 b J ver possession the landlord or his agent, be served personally upon the tenant after notice. Gi any person holding or claiming under him, or be left at the dwelling house or usual place of abode of such tenant or person ; and 3. in case such tenant or person refuses to deliver up posses- sion accordingly, and the landlord thereupon proceeds by action of Ejectment for recovery of possession, he may, at the foot of the Writ in Ejectment, address a notice to such tenant or person, requiring him to find such bail, if ordered by the Court or a Judge, and for such purposes as are hereinafler next specified. 19 V. c. 43, s. 266. 58. Upon the appearance of ihe party, or incase of non-ap- Circumstances pearance, then op making and filing an affidavit of service of the "" ^' ^ '° Writ 314 Cap. 27j Ejectment. 22 Vict. landlord may give notice to tenant to find security. Writ and notice, and on the landlords producing the lease or agreement, or some counterpart or duplicate thereof, and proving the execution of the same by affidavit, and upon affidavit that the premises have been actually enjoyed under such lease or agreement, and that the interest of the tenant has expired, or been determined by regular notice to quit, (as the case may be,) and that possession has been lawfully de- manded in manner aforesaid, the landlord may move the Court or apply to a Judge at Chambers for a rule or summons for such tenant or person, to shew cause, within a time to be fixed by the Court or Judge on a consideration of the situation of the premises, why such tenant or person should not enter iato a recognizance by himself and two sufficient securities, in a reasonable sum, conditioned to pay the costs and damages which may be recovered by the Claimant in the action, and the Court or Judge, upon cause shewn or upon affidavit of the service of the rule or summons in case no cause be shewn, may make the same absolute in whole or in part, and order such tenant or person within a time to be fixed upon a consideration of all the circumstances, to find such bail with such condilions' and in such manner as shall be specified in the said rule or summons, or the part of the same so made absolute. 19 V. c. 43, s. 266. If not given when ordered, Judgment may be signed. 5® In case the party neglects or refuses to comply with such rule or order, and gives no ground to induce the Court or Judge to enlarge the time for obeying the same, then lhe lessor or land- lord, upon filing an affidavit that such rule or order has been made and served and not complied with, may sign Judgment for the recovery of possession and costs of suit, in the form marked No. 9, or to the like effect. 19 V. c. 43, s. 266. MESNE PROFITS. Court may ai- ®®- Whenever it appears on the trial of an Ejectment at low proof of the suit of a landlord against a tenant, that the tenant or his tdXtheland-' Attorney has been served with due notice of trial, the Judge lord having first before whom the cause comes on to be tried, shall, (whether right to recover the Defendant appears upon the trial or not,) permit the claim- possession, &o. ant, after proof of bis right to recover possession of the whole or any part of the premises mentioned in the Writ, to go into evidence of the mesne profits thereof which have or might have accrued from lhe day of the expiration or determination of the tenant's interest in the same, down to lhe time of the verdict given in the cause, or to some preceding day to be specially mentioned therein, and if on the trial the Jury find for the Claimant, they shall give their verdict upon the whole matter both as to the recovery of the whole or any part of the premises, and also as to the amount of the damages to be paid for such mesne profits, and in such case the landlord shall have Judgment within the time hereinbefore provided, not only for the recovery of possession and costs, but also for the mesne piofits 1859. Ejectment. Cap. 27. 3^5 profits found by the Jury ; and the landlord may after the ver- As to mesne diet bring an action for the mesne profits which accrue from the P™!'^,"*^^ time of the verdict, or from the day so specified therein, down to ^"""^ ' the day of the delivery of possession of the premises recovered in the Ejectment. 19 V. c. 43, s. 267. SPEEDY EXECUTION. 61. Ifuponthe trial of any case in which such security has been Court mavor- given as aforesaid, a verdict passes for the Claimant, the Judge der execution :; before whom the trial is had may (unless it appears to him, that iJS^'casra where* the finding of the Jury is contrary to the evidence or that the security is damages given are excessive,) order that Judgment may be |.'™"' ""'^^''' entered and execution issued in favour of the Claimant at the expiration of six days next after the giving of such verdict. 19 V. c. 43, s. 268. RECOGNIZANCES. 63. All recognizances and securities entered into in pur- AUrecognizan^ suance of this Act, shall be taken respectively in such manner ces, &c., to be and by and before such persons as are provided and authorized raanner"as' bail in respect of recognizances of bail upon actions and suits de- in the Superior pending in the Superior Courts of Common Law, and subject uke fees7&c. to the like fees and charges ; but no action or other proceeding . . , , LiiT- J 1 • -J. Limitation of shall be commenced upon any such recognizance or security actions upon after six months from the time when the possession of the pre- s"ch recogniz- mises or any part thereof has actually been delivered to the ^'""'' landlord. 19 V. c. 43, s. 269. TENANTS OVERHOLDING WRONGFULLY. 63. In case a tenant after the expiration of his term, (whether More easy re- the same was created by writing or parol,) wrongfully refuses, ^^^Y against upon demand made in writing, to go out of possession of the wrongfully land demised to him, his landlord, or the agent of his land- I'o''' o^^'- lord, may apply to either of the Superior Courts of Common Application to a Law in Terra, or to a Judge thereof in vacation, setting forth, SupenorCourt on afiidavit, the terms of the demise, if by parol, and annex- in vacation. ing a copy of the instrument containing such demise, if in writing, and also a copy of the demand made for the delivery up of possession, and stating also the refusal of the tenant to go out of possession, and the reason given for such refusal, (if any were given,) adding such explanation in regard to the ground of refusal as the truth of the case may require ; and if upon writ to issue. such affidavit it appears to the Court or Judge that the tenant wrongfully holds over, without colour of right, such Court or Judge may order a writ to issue in the name of the Queen, and tested in the name of the Chief Justice or Senior Puisne Judge of such Court on the day that the same actually issues, directed to such person as the Court or Judge appoints, and command- ing him to issue his precept to the Sheriff of the County in which :316 Cap. 27. Ejectment. 22 Vict^ which the land is situated, for the summoning of a Jury of twelve men, to come before the Commissioner at a day and place by such Commissioner named, to inquire and say upon their oaths whether the person complained of was tenant to the complainant for a term which has expired, and whether he does wrongfully refuse to go out of posses- sion, having no right, or colour of right, to continue in possession, or how otherwise, which writ shall be made return- able whenever the same has been duly executed, before any one of the Judges of the said Court. Notice ofhold- 64. Notice in writing of the time and place of holding such in- ing inquisiiion. q^jgif^Qn shall be by the landlord served upon the tenant, or left at his place of abode, at least three days before the day appointed, to which notice shall be annexed a copy of the affidavit on which the writ was obtained, and of the papers attached thereto. Commissioners 65. Before any Commissioner holds an inquisition under e sworn. ^j^^^^ ^^^^ ^^ shall take the following oath before some one of the Justices of the Peace in and for the County in which the inquisition is holden, which oath shall be indorsed on the said writ, that is to say : Oath. " I, A. B., do solemnly swear, that I will impartially, and to " the best of my judgment, discharge my duty as Commis- " sioner under this writ. So help me God." 4 W. 4, c. 1, s. 56. Jury to be 66. The Commissioner shall administer an oath or affirma- sworn. ^]qjj ^q i\^Q persons summoned on such Jury, well and truly to try, and a true verdict to give, upon the matters and things in the said writ contained, according to the evidence ; and shall And witnesses. ^^^^ administer an oath or affirmation to the witnesses produced by either party. Verdict. C^- The Jurors shall, undertheir hands, either with or without their seals, endorse their finding upon the back of the writ, or return the same upon a paper attached thereto by such Com- missioner. Evidence to be 68. When executed, the writ and all the evidence, shall be ' ' certified and returned by the Commissioner to be filed with the commission and the proceedings thereupon in the office of the Clerk of the Crown and Pleas, at Toronto, from which the writ issued, and if upon such return and a consideration of the evidence, it appears to the Court or to a Judge in Chambers, When landlord that the case is clearly one coming within the true intent and to be placed in meaning of the sixty-third section of this Act, such Court or Judge pos es ion. ^^^ issue a precept to the Sheriff , in the Queen's name, commanding him forthwith to place the landlord in possession of the premises in question. 4 W. 4, c. 1, s. 33. 69. returned with commission, 1859. Ejectment. Cap. 27. 317 69. When such precept has been made by a Judge, the Court The Court may may, on motion before the end of the second term after the issue ^"^'1® ""^ P''°' of such precept, examine into the proceedings, and, if they find ^"^^ '°^'" cause, set aside the same, and may issue a precept to the And if proper, Sheriff, if necessary, commanding him to restore the tenant to his OTtier tenant t'o possession, in order that the question of right, if any appear, may ' be tried as in other cases of Ejectment. 4 W. 4, c. 1, s. 54. be restored to possesision. 70. The Judges of the Superior Courts of Common Law, in The Judges term time or in vacation, may make and from time to time alter ^ayievise and amend the form of the writ, inquisition and return, and of the ceedfngs,''an"d precepts to be issued under the sixty-third and following sections ^^^^ ^y^^^^ of this Act, and may make such orders respecting costs as to them amf enforce"' * seems just, and may make order respecting the issue of a writ ^^"^^^ payment. to the Sheriff, commanding him to levy costs of the goods and chattels of the landlord or tenant, or person liable thereto, or (subject to the provisions of the Act respecting Anest and Imprisonment for Debt) respecting the issue of an attachment for the non-payment thereof against the party liable to pay costs, as to them seems just. 4 W. 4, c. 1, s. 55, 22 V. c. 33, s. 4. (1659.) 71. If any person, required by notice from any such Com- Punishment if " " " witness doe" not attend. missioner to attend as a witness upon the inquisition refuses or ■*^""<^* ''°«^ wilfully omits to attend, he shall be liable to be committed upon the warrant of the Commissioner to the Common Gaol of the County for a term not exceeding one month. 4 W. 4, c. 1, s. 57. 7S. If any witness sworn {or affirmed) and examined be- Perjury. fore a Commissioner holding an inquisition as aforesaid, wil- fully swears or affirms falsely, he shall be liable to the penal- ties of wilful and corrupt perjury. 4 W. 4, c. 1, s. 67. 73. Except as hereinbefore expressly enacted, nothing ah other reme- herein contained shall prejudice or affect any other ria:ht of '*'^*S^'^"^'"''* action or remedy which landlords may possess in any of the cases hereinbefore provided for. 19 V. c; 43, s. 270. MORTGAGES. 74. In case an action of Ejectment be brought by any mort- Action of eject- gagee or his assignees for the recovery of the possession of any "®"' brought mortgaged lands, tenements or hereditaments, and no suit be of s s* • then depending in the Court of Chancery for or touching the foreclosing or redeeming the same, if the person having right to redeem, appears and becomes Defendant in such action, at any time pending the action, and pays unto such mortgagee, or in case of his refusal to accept brings into the Court where the action is depending, all the principal moneys, and interest due on such mortgage, and also all such costs as have been expended in any suit at law or in equity thereupon, (such money for principal, interest and costs, to be ascertained and computed by the Court where the action is pending, or by the proper officer by 3 1 8 Cap. 27. Ejectment. 22 Vict. by such Court to be appointed for that purpose), the moneys so paid or brought into such Court shall be deemed and taken to Discharge of be in fuU satisfaction and discharge of such mortgage, and the ■mortgage. Court shall discharge every such mortgagor or Defendant of and from the same accordingly, and shall by rule of the same Court compel such mortgagee to assign, surrender or reconvey such mortgaged lands, tenements and hereditaments, and such estate and interest as such mortgagee has therein, and to deliver up all deeds, evidences and writings in his custody relating to the tide of such mortgaged lands, tenements and hereditaments unto the mortgagor who has paid or brought such moneys into the Court, or to such other person as he, for that purpose, nominates and appoints. 19 V. c. 43, s. 271. Not to extend to 75. In case the person against whom the redemption is pray- rWn't^'j-^Vem ^^i insists (by Writing under his hand or the hand of his At- o?the sum due torney. Agent or Solicitor,) that the party praying a redemption is comested. ^^^ ^^^ ^ right to redeem, or that the premises are chargeable with other or different principal sums than what appear on the face of the mortgage, or are admitted on the other side, and delivers such writing to the Attorney or Solicitor for the other side, before the money is brought into Court, or in case the right of redemption to the mortgaged lands and premises in question in any cause or suit be con- travened or questioned by or between different Defendants in the same cause or suit, nothing in the last preceding section con- tained shall extend to any such cause or suit, nor shall any thing therein contained be of any prejudice to any subsequent mort- gage or subsequent encumbrance. 19 V. c. 43, s. 272. SECURITY FOR COSTS. When the 76. If any person brings an action of Ejectment after a prior '^'b™^u'nt action of Ejectment has been unsuccessfully brought by him or aption fonhe by any person through or under whom he claims, against the same property game Defendant or against any person through or under whom to give security he defends, the Court or a Judge may, on the application of the lor costs. Defendant at any time after his appearance entered, order that the Claimant shall give to the Defendant security for the pay- ment of costs, and that all further proceedings in the cause shall be stayed until such security be given, whether the prior action was disposed of by discontinuance or by non-suit, or by Judgment for the Defendant. 19 V. c. 43, s. 273. JURISDICTION OF THE COURT OVER PROCEEDINGS. Court may es- 77. The several Courts and the Judges thereof respectively, j^urisdictioraT "^^Y ^^<^ ^^^^^ exercise over the proceedings in Ejectment under formerly over this Act, the like jurisdiction as formerly exercised in the old ejeTtrnfiTtf "^ action of ejectment, so as to ensure a trial of the title and of actual ouster when necessary, and for all other purposes for which such jurisdiction might have been exercised. 19 V. c. 43, s. 274. 78. i859. Ejectment. Cap. 27. 319 78. No writ of right patent, writ of right quia dominus re- Real actions misit curiam, writ of right close, writ of right de rationabili abolished. parte, writ of right upon disclaimer, writ of right of ward, writ of cessavit, quod permittat, formedon in descender, remainder, or in reverter, writ of Assize of novel disseisin, nuisance, or mort d'ancestor, writ of entry sur desseisin in the quibus, in the per, in the per and cui, or in the post, writ of entry sur intrusion, writ of entry sur alienation, dumfuit non compos mentis, dum fuit infird, cetatem, dumfuit in prisona, ad communeiii legem, in casu proviso, in consimili casu, cui in vita, sur cui in vita, cui ante divortium, or sur cui ante divortium, writ of entry sur abatement, writ of entry quare ejecit infrd terminum, or ad ter- minum qui prceteriit, or causa matrimonii prcelocuti, writofaiel, besaiel, tresaiel, cosinage, or nuper obiit, writ of waste, writ of partition, except such as authorized by Statute of this Pro- vince ; writ oidisceit, writ of quod ei deforceat, writ of covenant real, writ of warrantia chartee, writ of curia claudenda, and no other action, real oy mixed, (except a writ of dower, or writ of dower imd^ nihil habet, or an Ejectment) ; and (except a plaint Exceptions. for dower,) no plaint in the nature of any such writ or action, shall be brought. 4 W. 4, c. 1, s. 39. 79. When on the first day of January, one thousand eight Saving ceriam hundred and thirty-six, any person whose right of entry to any "ollswhosr" land had been taken away, by any descent cast, disconti- right ot entry nuance or warranty, might have maintained any such writ or awayoTthe^iist action, as aforesaid, in respect of such land, such writ or ac- January, 1836. tion may be brought after the said first day of January, one thousand eight hundred and thirty-six, but only within the period during which, by virtue of the provisions of the Act res- pecting the limitation of actions and suits relating to real pro- perty, &c., an entry might have been made upon the same land by the person bringing such writ or action, if his right of entiy had not been so taken away. 4 W. 4, c. 1, s. 41. SO. No descent cast, discontinuance or warranty, which No descent, may have happened or been made since the first day of July, J^^^a^^'n' one thousand eight hundred and thirty-four, or which may of entry. happen or be made, shall toll or defeat any right of entry or action for the recovery of land. 4 W. 4, c. 1, s. 42. 8 1 . The following forms are those refen-cd to in the fore- going sections of this Act. fee. :ht ■ FORMS. No. I.— {Vide Section 3.) Victoria, &c.. To X., Y. and Z., and all persons entitled to defend the pos- session of (describe the property loith reasonable certainty,) in the 320 Cap. 27. Ejectment. 22 Vict, the Township of , in the County of , to the possession whereof A. B., and C, some or one of them claim to be {or to have been on and since the day of , A. D., ) entitled, and to eject all other persons therefrom. These are to will and command you or such of you as deny the alleged title, within sixteen days of the service hereof, to appear in our Court of , to defend the said property or such part thereof as you may be advised, in default whereof Judgment may be signed, and you turned out of possession. Witness, &c. No. 2.— ( Vide Section 15.) In the Q. B., {or C. P.) The day of , one thousand eight hundred and {date of the Writ.) County of , > On the day and year above written, a Writ of to wit : \ our Lady the Queen issued out of this Court in these words, that is to say : Victoria, &c., {copy the Writ,) and as no appearance has been entered or defence made to the said Writ, therefore it is considered that the said {insert the names of the persons in whom title is alleged in the Writ,) do recover possession of the land in the said Writ mentioned, with the appurtenances. No. fi.—{Vidc Sections 15 and 16.) In the Q. B., {or C. P.) On the day of , one thousand eight hundred and , {date of the Writ.) County of , P On the day and year above written, a Writ of to wit : \ our Lady the Queen issued out of this Court, in these words, that is to say : Victoria, &c., {copy the Writ,) and C. D. has on the day of , appeared by , his Attorney {or in person,) to the said Writ, and has defended for a part of the land in the Writ mentioned, that is to say, {state the part,) and no appearance has been entered or defence made to the said Writ, except as to the said part ; Therefore, it is considered that the 1859. Ejectment. Cap, 27. 321 the said A. B., {the Claimant^) do recover possession of the land in the said Writ mentioned, except the said part, with the appurtenances, and that he have execution ihereof forthwith ; and as to the rest, let a Jury come, &c. No. A.— {Vide Section 16.) In the Q. B., {or C. P.) On the day of , one thousand eight hundred and , {date of the Writ.) County of , ) On the day and year above written, a Writ of to wit : \ our Lady the Queen issued out of this Court, in these words, that is to say : Victoria, &c , {Copy the Writ,) and C. D. has on the day of , appeared by , his Attorney, {or in person,) to the said Writ, and defended for the whole of the land therein mentioned ; Therefore, let a Jury come, &c. No. 5. — {Vide Section 21.) Afterwards on the day of , A. D., before Justice of our Lady the Queen, assigned to take the assizes in and for the within County, came the parties within mentioned, and a Jury of the said County being sworn to try the matters in question between the said parties, upon their oath, say: that A. B. {the Claimant,) within mentioned, on the day of , A. D., was and still is entitled to the possession of the land within mentioned, as in the Writ alleged ; Therefore, &c. . No. 6.— {Vide Section 42.) In the Q. B., {or C. P.) On the day of , one thousand eight hundred ,and , {date of the Writ.) County of , ) On the day and year above written, a Writ of to wit : \ our Lady the Queen issued out of this Court in these words, that is to say : Victoria, &c., {Copy the Writ,) and C. D. has on the day of , appeared by , his Attorney, {or in person,) to the said Writ, and A. B. has discontinued the u action ; 322 ^'W- 27. Ejectment. 22 Vict. action ; Therefore, it is considered that the said CD. be acquitted, and that he recover against the said A. B., ^ {or £ ) for his costs of defence. No. 1.—(Vide Section 44.) In the Q. B., (or C. P.) On the day of , one thousand eight hundred and , {dale of Writ.) County of , ) On the day and year above written, a Writ of to wit : \ our Lady the Queen issued out of this Court, in these words, that is to say : Victoria, &c., {copy the Writ,) and C. D. has on the day of , appeared by , his Attorney, {or in person,) to the said Writ, and A. B., has failed to proceed to trial, although duly required so to do ; Therefore it is considered that the said C. D. be acquitted, and that he do recover against the said A. B. $ (or £ ) for his costs of defence. No. 8.— {Vide Section 45.) In the Q. B., {or C. P.) The day of , one thousand eight hundred and , {date of the Writ.) County of , ) On the day and year above written, a Writ of to wit : \ our Lady the Queen issued out of this Court in these words, that is to say : Victoria, &c., {copy the Writ,) and C. D., has on the day of , appeared by , his Attorney, {or in person,) to the said Writ, and the said C. D. has confessed the said action {or has confessed the said action as to part of the said land, that is to say : {state the part) ; Therefore, it is considered that the said A. B. do recover possession of the land in the said Writ mentioned, {or of the said part of the said land,) with the appurtenances, and ^ {or £ ) for costs. No. 9.--(Fzie Section 59.) In the Q. B., {or C. P.) The day of , one thousand eight hundred and , {date of Writ.) County 1859. Ejectment. Cap. 27, 28, 328 County of , ) On the day and year above written, a Writ to wit : J of our Lady the Queen issued out of this Court, with a notice thereunder written, the tenor of which Writ and notice follows in these words, that is to say : {Copy the Wiit and, notice, which latter may be as follows : ) Take notice that you will be required, if ordered by the Court or a Judge, to give bail by yourself and two sufficient sureties, conditioned to pay the costs and damages which «hall be recovered in the action. And C. D. has appeared by , his Attorney, {or in person,) to the said Writ, and has been ordered to give bail pursuant to the Statute, and has failed so to do ; Therefore, it is considered that the said {landlord's name) do recover possession of the land in the said Writ mentioned, with the appurtenances, together with $ {or £ ,) for costs of suit. CAP. XX VIII . An Act respecting the Procedure in Actions of DoAver. HER Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows : ACTION OF, 1. The action of dower at law shall be commenced by Actionofdower filing a declaration or plaint (in the form heretofore used) in the commeneedby office of one of the Clerks of the Crown and Pleas, or of the '^^'^'"*"°" Deputy Clerk of the Crown and Pleas, in the County where the action is brought. 13, 14 V. c. 58, s. 1. VENUE. 3. An action of dower shall be brought in the County or Venue. United Counties wherein the lands or tenements of which dower is sought to be recovered are situate, and the declaration may be served on the tenant of the freehold in any part of Upper Canada. SERVICE. 3. A copy of such declaration and of the notice herein- Time and maa after prescribed may be served by any literate person personally, j*^',"' '*':"■"'& within one year from the filing thereof on the tenant of the notice, freehold, if within the jurisdiction of the Court, and if not, then upon the tenant of the land of which dower is demanded, and if such tenant do not plead agreeably to the notice, the de- mandant therein, upon affidavit of the due service of sach de- claration and notice being filed, may proceed thereon as in persona] actions. 13, 14 V. c. 58, s. 2. u2 4. 324 Cap. 28. Procedure in Actions oj Dower. 22 Vict- Form of notice 4. The notice referred to in the last section may be in the following form : In the Queen's Bench, [or Common Pleas,) A. B., who was {or is, as the case may be,) the widow of C. D., deceased, demandant, and E. F., tenant. Take notice that a declaration, of which the annexed is a true copy, was this day filed in the Office of the Clerk of the Crown and Pleas {or Deputy, as the case may be,) at , in the County of , {or United Counties of , as the case may be,) and unless you plead thereto within twenty days from the service hereof, judgment will be signed against you by default, and subsequent proceedings and execution thereof follow thereon, according to law. Dated the hundred and day of one thousand eight J. K., Attorney, &c., residing at , in the County of , {or United Counties of , as the case may be.) ToE. F., of the Town of {as the case may be,) the above tenant. VACANT POSSESSION. Proceedings if possession vacant. What to be proved if de- fendant does not appear. 5. If the land of which dower is demanded be vacant, and the tenant of the freehold cannot be personally served with a declaration as hereinbefore provided, then service may be made as in actions of Ejectment ; but such service when not personal upon the tenant, must be allowed by the Court or a Judge thereof, and after filing the declaration and the affidavit of such service, and the order or rule of allowance thereof, the de- mandant may, after the time for pleading has expired, proceed thereon as if personal service had been effected. 13, 14 V. c. 58, s. 3. 6. When the tenant of the land has not been personally served with the declaration, and the demandant proceeds to the trial of the right of dower in the land, the demandant, before the entry of any verdict in favor of such right, shall prove the marriage, seisin, and death of the husband, in the same manner as if the tenant had pleaded, traversing such marriage, seisin, and death. 13, 14 V. c. 58, s. 4. COSTS. When costs shall be allow- e Victoria, by the Grace of God, &c. , to wit : ) To the Sheriff of , Greeting : Whereas we lately commanded you, that without delay you should cause to be replevied to A. B. his goods, chattels and personal property, to wit, &c , (setting out the description uf the property^) which C. D. had taken and unjustly detained, (or unjustly detained) as it was said, according to our writ to you afore directed, and that you should make appear to us in our Court of , at Toronto, {or County Court, as the case may Ae,) on the day of , what you had done in the premises ; and you at that day returned to us that the goods, chattels and personal property aforesaid, were eloigned by the said C. D. out of your County to places to you unknown, so that you could in no wise replevy the same to the said A. B. Therefore, we command you, that you take in Withernam the goods, chattels and personal property of the said C. D in your County, to the value of the goods, chattels and personal property by him the said C. D. before taken, and deliver tljem to the said A. B , to be kept by him until the said C. D. de- liver the goods, chattels and personal property last afore- said to the said A. B. ; and in what manner you shall have executed this our writ make appear to us, on the day of term, in our Court of , {or County Court, as the case maij be,) that we may cause to be further done thereupon what of right and aceording to the laws of Upper Canada we shall see meet to be done. We also command you, that if the said A. B. shall make you secure of prosecuting his claims, and of returning the goods, chattels and personal property to be by you taken in Withernam as aforesaid, if a return thereof shall be adjudged, then that you put by gages and safe pledges the :332 Cap. 29, 30. Replevin. 22 Vict. the said C. D. that he be before us, at the time last aforesaid, to answer to the said A. B. of the taking and unjustly detaining of his goods, chattels and personal property aforesaid, and have then there this writ. Witness , CAP. XXX. An Act respecting Interpleading. HER Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows : INTERPLEADER SUMMONS. When a parly 1. In case after declaration and before plea, any Defendant may apply for g^gd in either of the Superior Courts of Common Law or in o^der.'^'^^ *^ ^"^ any County Court, in any Action of Assumpsit, Debt, Detinue or Trover, applies to such Court and shows by affidavit or otherwise that he does not claim any interest in the subject matter of the suit, but that the right thereto is claimed or supposed to belong to some third party who has sued or is expected to sue for the same, and that such Defendant does not in any manner collude with such third party, but is ready to bring into Court or to pay or dispose of the subject matter of the action, in such manner as the Court (or a Judge having jurisdiction in the case,) may order, the Court or Judge may make a Rule or Order calling upon such third party to appear, and state the nature and particulars of his claim, and to maintain or relinquish the same. 7 V. c. 30, s. 1, — 9 V. c. 56, s. 4,-20 V. c. 67, s. 27. PROCEDURE. Proceedings on 2. The Court or Judge may, upon such Rule or Order, OTde™'*^ °^ ^^^^ ^^^ allegations as well of such third party as of the Plain- tiff, and in the meantime stay the proceedings in the action, and may finally order such third party to make himself Defendant in the same or in some other action, or to proceed to trial on one or more feigned issue or issues, and also direct which of the parties shall be Plaintiff or Defendant on such trial. 7 V. c. 30, s. 1. The Court or 3. The Court or Judge may, with the consent of the Plaintiff Judge may by and such third party, their Counsel or Attorney, dispose of the ties'^mUy Sis-' merits of their claims, and determine the same in a summary pose of the manner, and make such other rules and orders therein as to mottQr Till 1 W costs and all other matters, as appear just and reasonable. " V. c. 30, s. L 4. matter. 1859. Interpleading. Cap. 30. .333; 4. Any such order made by a single Judge not sitting in The Court may, open Court may be rescinded or altered by the Court in like deT'ora'jud°ge manner as other orders made by a single Judge. 7 V. c. 30, in Chambers, s. 4. 5. The Judgment in any such action or issue so directed by The Judgment the Court or Judge, and the decision of the Court or Judge in g^ve*^ conciu- a summary manner, shall be final and conclusive upon the parties, and all persons claiming by, from, or under them. 7 V. c. 30, s. 2,-20 V. c. 57, s. 27. G. In case such third party being duly served with the Rule or If theiMrd par- Order does not appear to maintain or relinquish his claim, or o^'toobevOTder neglects or refuses to comply with any rule or order made after oftheCourt,he appearance, the Court or Judge may declare him, and all ™ay tebarred persons claiming by, irom, or under hira, lor ever barred Irom the Court may prosecuting his claim against the original Defendant, his ^'^^^ °^^^^ ^' Executors or Administrators, saving the right or claim of such plaintiff and third party against the Plaintiff ; and may make such order ''efendant. between the Defendant and the Plaintiff as to costs and other matters as appears just and reasonable. 7 V. c. 30, s. 3. 7. In case of any such application to a Judge, he may, at TheJudgein any stasfe of the proceedings, refer the matter to the Court, Chambers may rcicr the mflttcp in which event the Court shall hear and dispose thereot in the to fuU Court, same manner as if the proceeding had been originally com- menced by rule of Court, instead of the order of a Judge. 9 V. c. 56, s. 5. 8. In case any claim be made to any goods or chattels taken Where claims or intended to be taken under an attachment against an toodsOT'^chat- absconding debtor, or in execution under any process issued by teis taken in or under the authority of any of the said Courts, or to the pro- c?ouTt maf,^''a't ceeds or value thereof, by any person not being the person the instance oi against whom such attachment or execution issued, then upon Ifant'in'ter'- application of the Sheriff (or other officer) to whom the writ is pleading Sum- directed, made to the Court from which such process issued, or order.^"'' to any Judge having jurisdiction in the case, and either before or after the return of such process, or before or after any action has been brought against such Sheriff or other Officer, such Court or Judge may, by rule or order, call before such Court or Judge as well the party who issued such attach- ment or execution as the party making such claim, and may thereupon exercise for the adjustment of such claim, and the relief and protection of the Sheriff or other Officer, all or any of the powers and authorities hereinbefore contained, and may make such rules or orders as appear just according to the cir- cumstances of the case. 7 V. c. 30, s. 6, — 20 V. c. 57, s. 27. 9. The costs of all such proceedings shall be in the discre- Costs discre- tion of the Court or Judge. 7 V. c. 30, s. 6. "°""^' 1©. 334 Cap. 30. Interpleading, 22 Vict. When an issue is ordered, Ihe SheriiTmay tax his costs and serve allocatur on each party, I O. In case of an issue being directed to be tried for the determination of the adverse claim in respect of property seized or taken under a Writ of Attachment or of Execution, the She- riff (or other Officer) to whom such writ is directed, may tax the costs incurred by him in consequence of such adverse claim, and may, when taxed, serve a copy of the allocatur of the same upon each of the parties to such issue, and the successful party upon the issue shall tax such costs among his costs of the cause, and upon receipt thereof, shall pay pver the same to such Sheriff or other Officer. 9 V. c. 56, s. 5. The suceessfui 11. If after the service of such allocatur, the party succeed- the'lherifffor *"& upon the issue neglccts or refuses to tax such costs, the such costs. Sheriff or other Officer may obtain a Rule upon the successful party for payment of the same. 9 V. c. 56, s. 5. 'Ifcase eompro- 13. In case of any such proceeding being Compromised bet- Sainiiff^o be weeu the parties thereto, such costs of the Sheriff or other Officer liable to the shall be paid by the party, Plaintiff or Defendant, by whom the «osto'^ '" ^* execution or attachment was sued out. 9 V. c. 56, s. 5. If goods seized 13. In case after the seizure of any property under attach- Temain in the ment or in execution, an issue be directed, and the property tody, the Court seized remains pending the trial of the issue, in the custody may award re- of the Sheriff or other Officer who seized the same, the Court muneratiott. {^qj^ which the Writ issued, or any Judge thereof in vacation, may make an Order for the payment to the Sheriff or other Officer, of such sum for his trouble in and about the custody of the property, as the Court or Judge deems reasonable, and such Sheriff or other Officer shall have a lien upon the property for payment of the same. 9 V. e. 66, s. 6, — 20 V. c. 57, s. 27. All proceed- ings may be ■entered of record, &o. 14. All rules, orders, matters and decisions made or done in pursuance of this Act, except only the affidavits to be filed, may, together with the declaration in the cause (if any) be entered of record, with a note in the margin expressing the true date of such entry ; and every such rule or order so entered shall have the force and effect of a Judgment, except only as to becoming a charge on lands, tenements or here- ditaments. 7 V. c. 30, s. 7. Ifcosts not paid 15. In case the costs adjudged be not paid within fifteen ondemand.ex- (j^vs aflcr noticc of the taxation and amount thereof given ecutioD to issue. -, , , , i . . . ° to the party ordered to pay the same or to his Agent or Attorney, execution may issue therefor by Writ of Fieri Facias tested and bearing date in like manner as other Writs of Fieri Facias, and adapted to the case, together with the costs of the entry afore- said and of the execution. 7 V. c. 30, s. 7. TheSheriiT's 16. The Sheriff or other Officer executing any such writ fees: the same gjj^n jjg entitled to the same fees and no more, as upon similar 1859. Interpleading. Cap. 30, 31. 335 simikr writs grounded upon a judgment of the Court. 7 V. as in other C. 30, S. 7. '^•ases. 17. So far as applicable the Provisions of the Common Law Procedme Act shall apply to this Act. 20 V. c. 57, s. 31. CAP. XX.XI. An Aet respecting Jurors and Juries. HER Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows : INTERPRETATION. 1, The word "County," whenever it occurs in this Act, interpretatioa shall include and apply to " Unions of Counties " for Judicial clause- purposes, and the word "Township " shall include and apply to " Unions of Townships." The whole of this Act taken from the 22 V. c. 100. (1858.) ISSUES OF FACT TO BE TRIED BY JURY. S. All issues of fact now or hereafter joined in any action, issues of fact to real, personal or mixed, brought in any of Her Majesty's •"= '™ i '^ < certain Courts. Village, — every Justice ol the Peace, and every other Member and Officer of any Municipal Corporation, is hereby absolutely freed and exempted from being selected by the Selectors of Jurors hereinafter mentioned to serve as a Grand or Petit Juror in Her Majesty's Inferior Courts, and none of the names of any such persons shall be inserted in the rolls from which Jurors are to be taken for such purposes, and if any such name be at any time accidentally inserted in any such roll, it shall, if drawn in selecting any Jury List or drafting any Panel therefrom, be set aside and not inserted therein, and every 1859. Jurors and Juries. Cap. 31. 339 ■every such person is moreover absolutely freed and exempted from being returned upon any General Precept to serve as a Petit Juror at any Sessions of Assize or Nisi Prius^ Oyer and Terminer or Gaol Delivery, and the name of any such person, if drawn in drafting such panel, shall be set aside and not inserted in the same. 9. Every person whose name had been inserted in any Exempiions of the Jury Lists for the year next before that in which his ansmgfrom •'., . i-iT- c . having actually name is agam drawn in any ot such Lists, or tor some prior served as a year within the Rule of Exemption hereby established, and J"™"; "withm a who had duly served on some Panel returned under a general previously. Precept from such Jury List until discharged by the Court to which such Panel was returned, shall be exempt from having his name inserted in any such list for any subsequent year within such rule of exemption, that is to say : if the Jurors' Roll from which such name is drawn contains a sufficient num- ber of names to make two complete Jury Lists of the denomina- tion of such Jurors' Roll, and if it appears by the Jurors' Book of the preceding year tiiat the name of such person was in- serted in any of the Jury Lists for that year, and that he duly attended and served upon any such Panel, the name of such person shall not be inserted in such Jury List ; and if there is a sufficient number of names on such Jurors' Roll to make three such complete Jury Lists, and if it appears by the Jurors' Books of either of the two preceding years that his name was inserted in any of such Jury Lists, for either of such years, and that he duly attended and served as aforesaid for either of such years, the name of such person shall not be inserted, and so on, toties quoties^ allowing one additional year's exemption for each complete additional Jury List that such Jurors' Roll furnishes as aforesaid. 10. Service as a Juror upon any Panel returned by the Services as a Sheriif of a County, shall not exempt the person from again ^'JxemTas'a serving as a Juror upon any Panel returned by the High Bailiif County Juror, or other proper Officer of a City embraced within the County of ^""^ '^'" """* such Sheriff, though within the period of exemption provided for by the last preceding section, nor shall any such service upon any Panel returned by the High Bailiif or other proper Officer of any City having a Recorder's Court established in the same, exempt the person who so served, from again serving as a Juror upon any Panel returned to any of the Superior Courts of Criminal or Civil Jurisdiction, by the Sheriff of the County within the limits of which such City is embraced ; and the Jury Lists for such Superior Courts for such County and for such City respectively, shall be selected without any regard being had to any such service, but the inhabitants of every such Citizens ex- City shall be exempt from serving on Juries at any other than gervi^.'except the City Courts, or Division Courts within the limits of which at certain the City is situate, or on trials at the Barof either of Her Majesty's ^°""s- Superior Courts of Common Law at Toronto, or upon trials v^ ordered 340 Cap. 31. Jurors and Junes. 22 Vict.. Service at Di- vision Courts not to exempt. Aliens disqua- lified. Exc3ept.'on. Attainted per- sons disquali- fied. ordered by the Court of Chancery, or at the Courts of Assize and Nisi Prius, Oyer and Terminer, and General Gaol Delivery for the County within the limits of which such City is situate. 11. Service as a Juror at any Division Court shall not exempt such Juror from serving as a Juror at any Court of Record or in the Court of Chancery, and no person shall be compelled to serve as a Juror in any Division Court who is by law exempted from serving as a Petit Juror in the Superior Courts. 13, 14 V. c. 53, s. 35,-16 V. c. 177, s. 21. IS. Except only in the cases hereinafter expressly provided for, no man not being a natural-born or naturalized subject of Her Majesty, shall be qualified to serve as a Grand or Petit Juror in any of the Courts aforesaid on any occasion whatever. 13. No man attainted of any Treason or Felony, or convicted of any crime that is infamous, unless he has obtained a free pardon, and no man who is und^fr outlawry, shall be qualified to serve as a Grand or Petit Juror in any of the said Courts oa any occasion whatsoever. SELECTrON AND DISTRIBUTION OF JURORS FROM THE ASSESSMENT-ROLL. Certain Muni- 14. The Mayor or Reeve, the City, Town, Village or cipai FuHction- Township Clerk, and the Assessor, or Assessors if there be more lectors of J ur- than one, of the respective Cities, Towns, Villages and Town- ors- ships in Upper Canada, shall be ex officio the first Selectors of Jurors for every Township and Village, and for each Ward of every such City or Town. When these- 1^- The Selectors shall assemble annually on the first day of J^ctjon shall be September, or if a Sunday or Statutory Holiday, then on the first """ " day thereafter not being such Holiday, at the place where the Meetings of the Municipal Council of such City, Town, Village or Township are usually held, or at such other place within the Municipality as may for that purpose be appointed by the Head of such Municipal Corporation, or during his absence, or the vacancy of the Office, by the Clerk thereof, for the purpose of selecting from the Assessment-Rolls of such City, Town, Village or Township, the names of the persons qualified and liable to serve as Jurors under this Act. made; And ■where. Principles by which the Se- lectors are to be governed. The Clerks of Councils to 16. The Selectors shall select such persons as in the opinion of the Selectors, or of a majority of them, are from the integrity of their characters, the soundness of their judgments, and the extent of their information, the most discreet and competent for the performance of the duties of Jurors. 1 7. The City, Town, Village or Township Clerk, or the Assessor or Assessors, or the other officer or person who has the 1859 Jurors and Juries. , Cap. 31. 34 J the actual charge or custody of the Assessment-Rolls for any produce As- City, Town, Village or Township for the year, shall, at the ^ss°ient-Kolis, time aforesaid, bring such Assessment Rolls to the annual meeting of the Selectors of Jurors for such City, Town, Village or Township, and permit the use of the sanie for the purpose aforesaid. 18. Such Selectors shall annually, on Fthe said first day Meeting of Se- of September, or if they have been unable to complete the '^'''°''*' duty hereby imposed upon them on such first day, then on the first day next thereafter not being a Sunday or Statutory Ho- liday, proceed to select the names from such Rolls, and shall, before entering upon the performance of their duties, severally Selectors to be make and subscribe an oath or affirmation in the formJfoUowing: ^■^°™' " I, A. B., do swear (or affirm, as the case may he), that I will The oath. *' truly, faithfully and impartially, without fear, favour or affec- " tion, and to the best of my knowledge and ability, perform the " duty of a Selector of Jurors, and will select from the proper " lists the requisite number of the most fit and proper persons to " serve as Jurors for the year of Our Lord, one thousand eight *' hundred and . So help me God." " Sworn [or affirmed) before me, at , the day of 18 ." (Signed,) C. D. J. P. (Signed,) A. B. Which oath or affirmation any Justice of the Peace may (within How adminis- his jurisdiction) administer. tered. 19. The Selectors shall select from those qualified lo How selection serve on Juries, at least two thirds of the persons whose names *° ""^ ^' appear on the said Rolls. SO. In case of an equality of votes amongst such Selectors in case of an as to any one or more of the names to be so selected, or equaUty of as to the Division of the Report of such Selectors in which rhele^^tors, any such name should be inserted in the distribution of ^^° 'o !i^™ such names as hereinafter provided, or as to any other in- vote] ° cidental question which may arise, the Mayor or Townreeve, or in case of his absence or the vacancy of the office, the City, Town, Village or Township Clerk, or in the absence or vacancy of the offices of both, then the Assessor whose Roll for the year contains the greatest number of assessed names, and in the case of joint Assessors, the Assessor first named in the appoint- ment of such Assessors, shall have a casting or double vote in the decision of the question. 31. 342 Cap. 31. Jurors and Juries, 22 Vict. Proper number 21. The Said Selectors shall then prepare a set of Ballols or teken°by 'ballot pieces of Parchment, Card or Paper of uniform and convenient and how. size, Containing the same number of ballots as there are names selected, allowing one name to each ballot, and on one of each such ballots shall be printed or written the name of one of the persons whose names have been selected as hereinbefore mentioned, and the selectors shall then proceed to ballot for ') Jurors one half of the number of such persons Mode of ballot- The manner of balloting shall be as follows, that is to say : ing. 1. The Selectors, or one of them, shall place the Ballots pro- miscuously in a Box or Urn to be procured by them for that purpose, and shall cause such Box or Urn to be shaken so as sufficiently to mix the ballots, and shall then openly draw from the said Box or Urn indiscriminately, one of said Ballots, and de- clare openly the name on such ballot, whereupon the Clerk, or one of the Selectors present, shall immediately declare aloud the name of the person thus balloted ; 2. And thereupon the name and addition of the person whose name has been so selected, shall be written down on a sheet of paper provided for that purpose ; 3. Which being done, the Selectors shall proceed in like man- ner to ballot and dispose of other numbers from the said Box or Urn, until the necessary number has been completed. Jurors to be dis- g*J. The Selectors having made such Selection and Ballot ourVvisions shall, for the purpose of the Report thereof, distribute the names of the persons so balloted into four divisions; the first, con- sisting of persons to serve as Grand Jurors in the Superior Grand Jurors. Courts ; the second, of persons to serve as Grand Jurors Petit Jurors. ^^ ^'^® Inferior Courts ; the third, of persons to serve as Petit Jurors in the Superior Courts, including the Court of Chancery, and the fourth, of persons to serve as Petit Jurors in the Infe- rior Courts, and shall make such distribution according to the best of their judgment, with a view to the relative competency of the parties to discharge the duties required of them respect- ively. Proportionate 23. The said Selectors shall make the distribution among di^Sion'" ''^^^ ^^^ ^^^^ ^"^^^ divisions as nearly as may be in the following proportions relatively to the whole number of persons so bal- loted as aforesaid, that is to say : one twelfth as nearly as may be under the first of such divisions, two twelfths as nearly as may be under the second of such divisions, three twelfths as nearly as may be under the third of such divisions, and six twelfths as nearly as may be under the fourth of such divisions. 24. The said Selectors of Jurors respectively shall thereupon: 1. 1859. Jurors and Juries. Cap. 31. 343 1. Make out in duplicate under their hands and seals, or under Selectors to the hands and seals of such of them as p*erform the duly, a report Xate°report"* of their Selection, Ballot and Distribution for the Township, or &c. Village or Urban Ward, as the case may be, which Report shall be as nearly as may be in the form A, and be filled up agree- ably to the directions contained in the notes to such Form ; 2. There shall be subjoined to each duplicate Report a Declaration to written declaratioffl subscribed by the Selectors respectively, {f ^"''^'''r^ '" stating each for himself, that he had made the Selection, Ballot and Distribution to the best of his judgment and information pursuant to this Act, and without fear, favour or affection of, to, or for any person or persons whomsoever, gain, reward or hope thereof, other than such fees as they are lawfully entitled to re- ceive for the same under the authority of this Act ; and 3. OneofsuchDuplicate Reports shall, on or before the fifteenth a duplicate re- day of the same month of September, be deposited by such d°nosiJed-H^tb Selectors with the Clerk of the Peace for the County in which clerks of the the Town, Village or Township lies, or within the limits of ^'-"*«=«- which such City is embraced ; and the other duplicate, with the City, Town, Village or Township Clerk, as the case may be ; 4. And such Clerks respectively shall keep such duplicate who shall iteep reports on file in their respective offices for the use and informa "le same on file, tion of all who may have lawful occasion to examine or make use of the same ; and 5. In case of the loss or destruction of any Duplicate original in case of loss, Selectors' Report, the Officer in whose office the same was jJSf/at'freirort when so lost or destroyed, shall, as soon as reasonably may be, ,o be filed. procure from the Officer to whom the legal custody of the other Duplicate Original of such Report belongs, a certified copy of such Duplicate Report, and shall file the same in his office in lieu of the Duplicate original, and such certified copy shall be thenceforth taken, received and acted upon in all respects as if it were the Duplicate Original Report so lost or destroyed. S3. The Clerk of the Peace for every County shall clerk of the annually procure a Book and keep the same as nearly as may pare Juror?" be in the Form B, and agreeably to the directions contained books in form in the notes to such form, and such book shall be called °''^''*""^"'^^' " The Jurors' Book" for the County of which he is such Clerk, and the year for which such Book is to be used, as hereafter provided, shall be inserted therein. 36. From the Reports of the first Selectors of Jurors for the in which shall different Townships, Villages and Urban Wards, or other like Ij^^"s'^ofGrani local divisions of the County, so made to the several Clerks and Petit Jur- of "'■s' 344 Cap. 31. Jurors and Juries. 22 Vict. Such book to contain tour rolls of Jurors. of the Peace for such year as aforesaid, or frorft. such of them as may have been so rrlade to them respectively, on or before the fifteenth day of September, in such year, each such Clerk shall, between the fifteenth day of September and the tenth day of November in such year, transcribe into the Jurors' Book afore- said, in alphabetical order, the names and additions of all persons selected to serve as Grand or Petit Jurors, as the same set forth and distributed in such Reports. are S7. Such names shall be transcribed into the book in four Rolls : the first to be called " Roll of Grand Jurors to serve in Her Majesty's Superior Courts of Criminal Jurisdiction," the second, '* Roll of Grand Jurors to serve in Her Majesty's Inferior Courts of Criminal Jurisdiction," the third, " Roll of Petit Jurors to serve in Her Majesty's Superior Courts of Cri- minal or Civil Jurisdiction and in the Court of Chancery," and the fourth, " Roll of Petit Jurors to serve in Her Majesty's Inferior Courts of Criminal or Civil Jurisdiction." Names and ad- 38. In each of such RoUs shall be transcribed the names duionsofJur- ^^^ additions of all persons by the Selectors selected, balloted and reported as aforesaid to serve as Jurors in each respective County. Deposit of cer- tified Jurors' book with the Clerk or De- puty Clerk of Crown of Q.B. in the County. S29. The Clerk of the Peace shall, on or before the thirty- first day of December, cause a correct copy of such Jurors' Book, certified by him to be a true cojsy of the original, to be made and deposited in the office of the Clerk or Deputy Clerk of the Crown and Pleas of Her Majesty's Court of Queen's Bench in the County, as the case may be, and from it, in the event of the loss or destruction of the original by fire or other accident, a duplicate original of such Jurors' Book shall be made, and being certified by the said Clerk or Deputy Clerk of the CrowiL and Pleas to be truly copied from the copy deposited in his office, shall, upon such loss or destruction being establish- ed upon oath or affirmation before two or more Justices of the Peace of the County, be received and used on all occasions and for all purposes, as the original so lost or destroyed. When copies SO. In every case of the destruction of any Original Ju- therefrom to be j-grs' Book, the Clerk of the Peace for the County shall, as soon as reasonably may be, procure a duplicate original of sucn book, certified as aforesaid, and deposit the same in his office as above provided. procured and used. Notice to be given to the Sheriff, &c. 31. In every such case the Clerk of the Peace shall, as soon as may be after procuring such duplicate original, give to the Sheriff or other Officer or Minister of the County to whom the return of Jury Process belongs, notice of such destruction, and of the procurement and deposit of such duplicate original in lieu of the original, and thereupon such Sheriff, Officer or Minister, shall furnish to such Clerk of the Peace copies of all Panels 1859. Jurors and Juries. Cap. 31. 345 Panels of Jurors drafted by such Sheriff, Officer or Minister from the Jury Lists in the original book ; and such Clerk of the Peace shall thereupon enter such Panels in the duplicate Original Jurors' Book, in like manner as the same were entered in the said Original Jurors' Book. 3S. In every case in which a Proclamation issues, dis- when union of uniting a Junior County from a Senior County or Union of Counties dis- Counties to take eflfect from and after the first day of January shal^f be done of the then following year, the Clerk of the Peace for the Union ly clerk of the of Counties of which such Junior County is at the time a member, shall procure two of such Jurors' Books, one for the County or Counties from which such Junior Cotfnty is to be so disunited, and the other for such Junior County itself. 3Jurors in the Superior Courts, One Hundred and Forty- four ; and 4. From the Roll of those to serve as Petit Jurors in the Inferior Courts, Two Hundred and Eighty-eight. 48. In the event of the resolution affirming the expediency of selecting a two-third Jury List, the numbers to be selected shall be : 1. From the first named of such Rolls, Thirty-eight; 2. From the second. Sixty-four ; 3. From the third, Ninety-six ; and 4. From the fourth. Two Hundred and Sixteen. 49. In the event of the resolution affirming the expediency of selecting a half Jury List, the numbers to be selected as aforesaid shall be : 1. From the said first named of such Rolls, Twenty-four ; 2. From the second. Forty-eight ; 3. From the third. Seventy-two ; and 4. From the fourth. One Hundred and Forty-four. 50. As respects the County of York, or any Union ol which that County is for the time being the Senior County, the numbers to be selected from the first and third of such Jurors' Rolls shall be as follows: When a full Jury LisI is to be selected, then, from the first of such Rolls, ninety-sii, and from the third, two hundred and eighty-eight ; when a two-third Jury-List is to be selected, then, from the first ol such Rolls, seventy-two, and from the third, two hundred and sixteen ; and when a half Jury List is to be selected, then, from the first of such Rolls, forty-eight, and from the third, one hundred and forty-four. SELECTOEi 59. Jurors and Juries. Cap. 31. 3/j|9 SELECTORS OF JURORS FROM THE JURORs' ROLLS. 31. The Chairman of the Court of Quarter Sessions — the Who shall be [erk of the Peace— the Warden— the Treasurer, the Reeves Selectors of en present and the Sheriff of the County or any three of em, shall be ex officio Selectors of Jurors from the Jurors' oils -within their respective Counties. 52. Immediately after a resolution has been so adopted Howtheseiec- Srming the expediency of selecting a full or a two-third or a ooncfucfed'^ ilf Jury List as aforesaid, or if it is the unanimous opinion of 1 the Justices then present that the selecting should be pro- leded with at an adjourned sitting of such Court, then on the ly to which such selecting may be adjourned, such Selectors Selectors to be lall attend and shall, before entering upon the performance ^^°™' their duties, severally make and subscribe an oath or affir- ation in the form following : " I, A. B., do swear {or affirm, as the case may 6e), that I will The oath. truly, faithfully and impartially, without fear, favor or affec- tion, and to the best of my knowledge and ability, perform the duty of a Selector of Jurors, and will select from the proper lists the requisite number of the most fit and proper persons to serve as Jurors for the year of Our Lord one thousand eight hundred and . So help me God." " Sworn (or affirmed) before me, at , the day of , one thousand eight hundred and , ." (Signed) C. D. J. P. (Signed) A. H. i''hich oath or affirmation any Justice of the Peace may How adminis- vithin his jurisdiction) administer, and such Justice shall teredandre- luse an entry thereof to be forthwith made in the minutes """^ ' [ the Court of Quarter Sessions in the presence of the Chairman presiding at such Court ; and the Selectors aving been duly sworn, the said Court shall caiise pro- iamation to be raSide, firstly, for all persons to keep silence siiencetobe 'hile the names of the persons to serve as Jurors for the next proclaimed, ear for such County or Union of Counties (and City, if there is Qe having a Recorder's Court established therein within the mits of such County or Union of Counties,) are openly selected om the Jurors' Rolls ; and secondly, that if any one can inform le selectors why the name of any person which may be called -'^"'l »o''<^<' pon such selection should not be inserted in the Jury List for felfions to ° ' rhich it may be called, he is to come forth and he will be Jurors will be 1 "" heard. eard. 53. The last ■ mentioned Selectors of Jurprs shall then pro- Selectors to sed to select from the Jurors' Rolls the names of the requisite proceed to the number -350 Cap. 31, Jurors and Juries. 22 Vict. number of persons to serve as Jurors for such year, who in the opinion of the selectors, or of a majority of them, are from the integrity of their characters, the soundness of their Judgments and the extent of their information, the most discreet and competent for the performance of the duties of Jurors, and the selection shall be conducted in the following manner, that is to say : Clerk of the 1. The Clerk of the Peace shall then Openly and audibly cal. Peace to call aloud the name and place of residence of the person firs on the several named on the Roll of Grand Jurors for the Superior Courts ™1''' and so on through such Roll, and each successive Roll of Grand and Petit Jurors for the respective Courts in which the Jurors are required to serve ; If exempt by 2. And if by reference to the Jurors' Book of preceding CT?e°rvice,'°™ ycars. Or any of them, and regard being had to the number of what to be names on such Roll, it appears that such person is exempt *'°°^' from having his name inserted in such Jury List, on the ground of its having been inserted in some one of the Jury Lists, for some former year sufficiently recent to entitle him to such exemption, and of his having duly served on some Panel returned from such last mentioned Jury List under a general precept, the Chairman of such Court shall publicly announce the same, and that such person is on that account exempted Irom serving for the next year accordingly ; Exemption to 3. And the Clerk of the Peace shall thereupon note in the "°'^ ■ said Roll for such next year, opposite the name of such person, that he is exempted from serving as having served on one of the Grand or Petit Jury Lists for such a year, stating the List and the year ; It not exempt 4. But if such person be found not entitled to such exemp- on that ground, tion, then his name and addition shall be again openly called aloud by the Clerk of the Peace as being proposed to be selected to serve as a Grand Juror for the Superior Courts; and the Chairman shall thereupon put the question to the other ^uf^'tVa^e? Selectors present : " Shall this name be selected for the Grand name, and ob- Jury of the Superior Courts?" And if determined in the affir- jection heard, jjj^tive by the whole or a majority of the Selectors present, the said Chairman shall thereupon make enquiry whether any one can inform the Selectors why the name of such person should not be inserted in the Jury List for which he has been so selected as aforesaid ; if exempt m 5. Whereupon, if the party himself in person or by his to'te feted ae- Counsel, or his Attorney in the absence of Counsel, by his coKlinjiy. Own oath or by the testimony of witnesses, or if any other person by his own oath or by the testimony of witnesses, satisfies the Court that the person whose name has been so selected is either exempt or disqualified from serving as a Grand Juror 1859. Jurors and Juries. Cap. 31. 351 Juror for which he has been so called, such person's name shall not be inserted in such Jury List for such next year ; 6. And the cause with the name of the person so objecting, and And the the names of the witnesses upon whose testimony such name gfo^ni^s of ex- is set aside, shall, by the Clerk of the Peace, be stated in the ^'"P'™' Minute Book of the Court, and a short note of the cause of rejection be made on the proper Jurors' Roil opposite the name of such person ; 7. But if no such objection be made or established to the if no objection satisfaction of the Selectors, and if they or a majority of '^™^<^e, names them think fit, the names and additions at length, of such " ' person shall, by the said Clerk of the Peace, be forthwith inserted in the Minute Book of the Court ; 8. Which being done, the said Selectors shall in like manner And so toUes proceed to select and set aside, or pass, another name, and so qwties. on till they have transferred the required number of names from such Roll ; 9 After which the names so selected, with lhe places of re- Names selected sidenceandaddilionsof the parties alphabetically arranged, shall to be inserted by such Clerk of the Peace, be copied into the Jurors' Book with the title of " The Grand Jury List for the Superior Courts," and such List shall have a series of current numbers from one forward as is hereinbefore provided with respect to the Jurors' Rolls, and also a reference to the number of each name on the Roll of Grand Jurors for the Superior Courts ; 10. And each of such names shall, by the said Clerk of the cierkofthe Peace, be thereupon marked on such last mentioned Roll as ^'""^®'.°^!J'®'" ~' T 1 T T • 1 I- 1 names m tne transierred to such Jury List, by a relerence to the number book. belonging to such name on that List ; H. And such List, so selected and transferred, shall be jListsomade the Grand Jury List for the Superior Courts for the year next tobetheGrand after the same has been so selected, Su'Jeriof '""^ Courts. 54. After the said Grand Jury List for the Superior Courts yj.3„jj„joj.g, has been so selected and transferred as aforesaid, the List for infe- said Selectors shall in like manner proceed to select and JJe madeln'uke transfer from the Roll of Jurors to serve as Grand Jurors in the manner. said Inferior Courts, to a similar List in the same Book, to be called " The Grand Jury List for the Inferior Courts" for such next year, the required number of names and the last mentioned List, so selected and transferred, shall be the Grand Jury List for the Inferior Courts for the year next after the same has been so selected as aforesaid. 55. After which the Selectors shall in like manner proceed And then Lists to select and transfer the required number of names from the of ^etit Jurors j^^jj for Superior 352 Cap. 31. \ Jurors and Juries. 22 Vict. and Inferior Roll of Jurors to serve as Petit Jurors in the said Superior ourts. Courts to the Petit Jury List for the Superior Courts for such year, and lastly from the Roll of Jurors to serve as Petit Jurors in the Inferior Courts to the Petit Jury List for the Inferior Courts for such year. The Chairman and Clerk of the Peace to certify books. If Chairman absent, presid- ind Justice to act. 56. So soon as the four Juiy Lists have been so selected and transferred, the Chairman and Clerk of the Peace shall certify under their hands in the said book, immediately after each of such Jury Lists, that the same was on such a day duly selected and transferred from the proper Roll in open Court as the Law directs ; whereupon such Jurors' Book, with the Jury Lists so certified, shall be deposited with the said Clerk of the Peace to be kept on file in his office. 57. All the duties by this Act required of the Chairman of the Quarter Sessions of the Peace, shall, and may in his absence, be performed by the presiding member of such Court for the time being. day for the purpose. Ifthe Jury Lists 58. In case from any cause such lists or either of them be at'the'fiHi?^''"^ not selected pursuant to the provisions of this Act, in any hereby ap- County or City, the Governor may, by warrant under his Governor may P'^i'^y Seal, of which a copy shall be published in the Official appoint another Gazette of the Province, and also (if there be such) in one pu- blic newspaper published in such County or City, as the case may be, fix a day not sooner than fourteen days from the publication of the warrant in the Gazette, and also a place in such County or City for holding a Special Sittings or Ses- sions of the Court of Quarter Sessions of the Peace or Re- corder's Court as the case requires, for the purpose of select- ing such Jury lists as hereinbefore directed ; and the several provisions and clauses of this Act, relating to the Sittings or Sessions of such Court, in presence of which the selecting of such Jury lists are hereinbefore directed to be done, shall extend and apply to and be in force with respect to any such Special Sittings or Sessions. JURY PROCESS. General Pre- cepts may be issue to She- riils. 5®. The Judges, Justices and others to whom the holding of any Sittings or Sessions of Assize and Nisi Pritcs, Oyer and Terminer, Gaol Delivery, Sessions of the Peace, or County Court, by law belongs, or some one or more of such Judges, Justices or others, shall for that purpose issue Precepts to the Sheriff or other proper Officer or Minister for the return of a competent number of Grand Jurors, for cases criminal for such Sittings or Sessions, and of a competent number of Petit Jurors for the trial of such issues or other matters of fact, in cases criminal and civil, as it may be competent to such Petit Juries to try at such Sittings or Sessions according to law. 60. ^8^9- Jurors and Juries. Cap. 31. 353^ 60. The several Precepts for the return of Panels of Grand At what period and Petit Jurors for any Sittings or Sessions of Assize and '" ''*"^- Nisi Prius, Oyer and Terminer, Gaol Delivery, Sessions of the Peace, or County Court, shall be issued to the Sheriff or other Officer or Minister to whom the return of such Precepts belongs, as soon as conveniently may be aftp.r the Commission, or other day is known upon which the Jurors to be returned upon such Precepts, are to be summoned to attend, and where such day is fixed by law, then as soon as conveniently may be after the close of the last preceding Sittings or Session of the like Court ; but the Sheriff may return the same panels to the Precepts, for the return of panels of Petit Jurors for the Sittings or Sessions of the Peace and for the Sittings or Sessions of the County Court, in all cases where the same day is appointed for holding such respective Sittings or Sessions. 61. The number of the Petit Jurors to be returned on any Number to be General Precept for the return of Petit Jurors for any Sittings ^"™'"<'"^- or Sessions of Assize and Nisi Prius., Oyer and Terminer, Gaol Delivery, Sessions of the Peace or County Court, shall not in any case be less than forty-eight nor more than seventy-two, un- less by the direction of the Judges appointed to hold such Sit- tings or Sessions of Assize and Nisi Prius, Oyer and Terminer, Gaol Delivery, Sessions of the Peace, or County Court, or one of them, who may, by order under hand and seal, direct that a greater or lesser number shall be the number to be returned. 63. In any County in which any Justice of Assize thinks According to fit so to direct, the Sheriff, to whom ihe return of the Precept ihe Precept, for the trial of causes at Nisi Prius for such County belongs, shall : 1. Impanel and summon such number of Petit Jurors not within certain exceeding one hundred and forty-four in any County, except'"""?"*'" the County of York or any Union of which that County for the time being is the Senior County, (and in the said County or Union of Counties last mentioned, not exceeding two hundred and eighty-eight,) as such Justice may think fit to direct, to serve indiscriminately on the criminal and civil side ; and 2. Where such Justice so directs, the Sheriff shall divide Wheretwosets such Jurors equally into two sets, the first of which sets shall besummonetl. consist of the necessary number of those first drawn upon such Panel, and such Jurors shall attend and serve for so many days at the beginning of each Assize as such Justice, within a rea- sonable time before the commencement of such Assize directs, and the Jurors of the second set shall consist of the residue of such Jurors, and such Jurors shall attend and serve for the residue of such Assize ; but 3. The Sheriff shall in the summons to each Juror, in each Nam^ therein. of such sets, specify whether the Juror named therein is in the ed. ^ ^'snat- w first 854 Cap. 31. Jurors and Juries. 22 Vict. first or second set, and at what time the attendance of such Juror will be required ; and When to be 4. During the attendance and service of the first of such firsrse/a"nd se- ^^^^i ^^^ Juries on the civil side shall be drawn from the condset. names of the persons in that set, and during the attendance and service of the second of such sets, from the names of the persons in such second set ; and If a view has S. In case a Rule for a view has been obtained, in a cause been granieci. to be tried by a Jury taken from such Panel, the Judge before whom such case is to be tried, shall, on the applica- tion of the party obtaining the Rule, appoint that in case the name of any one of the viewers stands in the Panel among the first half of the names therein, the names of all the viewers shall by such Sheriff be placed in the first of such sets, and that the case shall be tried during the attendance and .service of that set of Jurors. TheCourtsmay ®3. Her Majesty's Superior Courts of Common Law issue Writs and at Toronto, and all Courts of Oyer and Terminer, and Gaol heretofore^^ Delivery in Upper Canada, shall respectively have the same powers and authority as heretofore in issuing any Writ or Precept, or in making any award or order orally or otherwise for the return of a Jury for the trial of any issue before any of such Courts respectively, or for the amending or enlarging the Panel of Jurors returned for the trial of any such issue ; and the return to any such Writ, Precept, Award or Order shall be made in the manner heretofore used and accustomed in such Courts, save and except that the Jurors shall be returned from the body of the County, and not from any township or from any particular venue within the County, and shall be qualified according 1o this Act. The Corut of Chancery may issue Precepts. The dire2 Vict. names to the Panel returned upon such Precept ; and the Court shall proceed with those Grand Jurors who were before empan- nelled, together with the Talesmen so newly added and annexed, as if all the said Jurors had been originally returned upon such Precept. DRAWING JURY AT TRIAL. Empannelling Jury at the trial. 9S. The name of each man summoned and empannel- led as a Petit Juror upon the general Precept for any Sittings or Sessions of Assize and Nisi Prius, Oyer and Terminer, Gaol Delivery, Sessions of the Peace or County Court, with his place of abode and addition, shall by the Sheriff be written distinctly on a piece of Parchment, Card or Paper, as nearly as may be of the form and size following, viz : DAVID BOOTHE, of Lot No. 11th in the 7th Con. of Albion. Merchant. • and such names so written shall, by the direction and care of such Sheriff, be put together in a Box or Urn to be by him pro- vided for that purpose, and shall be by him delivered to the Clerk of Assize, or other Clerk of such Court. How the Clerk 94. When any issue is brought on to be tried, or damages IS to proceed. ^j.g ^^ ^^ assessed, such Clerk of Assize, or other Clerk, shall: Drawing 1. In open Court, cause such Box or Urn to be shaken Box, &c iRnv ^Ir^"" ''^^ so as sufficiently to mix the names, and then draw out twelve of the Parchments, Cards or Papers one after another, (causing the Box or Urn to be shaken after the drawing of each name,) and if any of the Jurors whose names are so drawn do not appear or be challenged and set aside, then such further number, until twelve Jurors are drawn, who do appear, and who after all just causes of challenge allowed, remain as fair and indifferent, and the first twelve Jurors so drawn ap- pearing and approved as indifferent, their names being noted in the minute Book of the Clerk of Assize, or other Clerk of the Court, shall be sworn or affirmed (as the case may be), and shall be the Jury to try the issue, or to assess the damages; and Wames drawn to be kept apart, &o. 2. The names of the men so drawn and sworn shall be kept apart by themselves until the Jury have given in their verdict, and the same has been recorded, or until such Jury have been by consent of the parties, or by leave of the Court, discharged, and then 1859. Jurors and Juries. Cap. 31. 363 then the same names shall be returned to the Box or Urn, there to be kept with the other names remaining at that time undrawn, and so toties qxwties as long as any issue remains to be tried, or any damages remain to be assessed. 95. If anyissue is brought on to be tried, or damages to be if another Jury assessed at any of the said Sittings or Sessions, before the Jury J-q™ th™^as^^" in any other cause have brought in their verdict, or been drawa have discharged, the Court may order twelve of the residue of the Jj^di^t''"*^'' said Parchments, Cards or Papers (not containing the names of any of the Jurors who have not brought in their verdict or been discharged,) to be drawn in the manner last aforesaid, for the trial of the issue so brought on to be tried, or for the assess- ment of damages, as the case may be. 96. Notwithstanding the two last preceding sections. Several causes where no objection is made on the part of the Queen, or any ^cce^sicS^by" other party, the Court may try any issue or assess damages the same Jury, with the Jury previously drawn to try any other issue, or to .assess damages without their names being returned to the box or urn, and redrawn, or may order to retire any of such Jurors whom both parties' consent to withdraw, or who may be justly challenged or excused by the Court, and may cause another name or other names to be drawn from the box or urn, and shall try the issue or assess the damages with the residue of the original Jury and such new Jurors who appear and are approved as indifferent, and so toties quoties as long as any issue remains to be tried or any damages remain to be as- sessed. 97. When a full Jury does not appear before any Court tf a M Jury do of Assize and Nisi Prius, or before any sittings of any County "ates^may be^ Court for the trial of issues or assessment of damages as at granted. Nisi Prius, or before any Court of a City when engaged in the trial of a civil suit, or where, after the appearance of a full Jury, by challenge of any of the parties, the Jury is likely to remain untaken for default of Jurors, every such Court, upon request made for the Queen by any one thereto authorized or assigned • by the Courts, or on request made by the parties Plaintiff', Demandant, Defendant or Tenant or their respective Attorneys, in any action or suit, shall command the Sheriff" or other OfHcer or Minister to whom the making of the return belongs, to name and appoint, as often as need requires, so many of such other able men, of the County or City, as the case may be, then present, as will make up a full Jury, and the Sheriff, or other Officer or Minister aforesaid, shall, at such command of the Court, return such duly qualified men as may be present, or can be found, to serve on such Jury, and shall add and annex their names to any Panel that has been returned upon any Precept or Venire Facias, in such cause. CHALLENGES. 364 Cap. 31. Jurors and Juries. 22 Vict. CHALLENGES. The want of qualification, a gfood ground of cliallenge. Not the want of freehold. Not to extend to Special J urors. ®8. If any man not duly qualified be returned as a Juror for the trial of any issue In any cause, civil or criminal, or on any Pftnal Statute, the want of such qualification shall be a good cause of challenge, and he shall be discharged upon such chal- lenge, if the Court is satisfied of the fact ; But the want of a sufficient property qualification "shall not, at the trial of any such case, be a good cause of challenge, either by the Crown or by the party, nor a cause for discharging the Juror upon his own application ; but nothing in this section contained shall extend in any wise to any Special Juror. shall Peremptory 99. jfo person arraigned for murder or other felony mited to twenty bs admitted to any peremptory challenge above the number of in felony. twenty. Jn misdemean- ors, limited to three. When the Crown bound to shew cause of challenge. 100. A Defendant arraigned for a misdemeanor, or if there be more than one, such of them as are tried together and unite in their challenges, may challenge peremptorily without assigning any cause for the same, any three of the Jurors called upon to serve on such trial. 101. In all inquests to be taken before any of the Courts wherein the Queen is a party, howsoever it be, not- withstanding it be alleged by them that sue for the Queen, that the Jurors of those inquests or some of them, be not indifferent for the Queen, yet such inquests shall not remain untaken for that cause ; but if they that sue for the Queen will challenge any of those Jurors, they shall assign of their challenge a cause certain, and the truth of the same chal- lenge shall be inquired of according to the custom of the Court, and shall proceed to the taking of the same inquisitions as it shall be found if the challenges be true or not, after the discretion of the Court ; But nothing herein contained shall affect or be construed to affect the power of any Court in Upper Canada, to order any Juror to stand by until the panel is gone through, at the prayer of them that prosecute for the Queen, as has been heretofore accustomed. In civil cases fi®S. In any civil case, and any case upon Penal Statute, 2MengIib^Z ^^^^ Pai'ty, the Plaintiff or Plaintiffs, Demandant or Deman- peremptoriiy. dants, onone side, and the Defendant or Defendants, Tenant or Tenants, on the other, may, on each side, except in the case of special Jurors, challenge peremptorily, without assigning any cause for the same, any three of the Jurors drawn to serve on the trial of the cause. THAT JUKORS AFFIRM, NO CAUSE OF CHALLENGE. That a Juror affirms, no any >S. It shall not be a good ground of challenge against person, called upon to serve as a Juror, that he belongs 1859. Jurors and Juries. Cap. 31 865^ belongs to any Religious persuasion or denomination allowed cause oi chal- by Law to affirm instead of taking an Oath, but every such '™s*" person shall be as eligible and liable to serve on all Juries and inquests on his being affii-med, as if he had been sworn in the usual way. ENTRY AND CEHTIFICATE OF SERVICE OF JURORS. 1©4. Immediately after the Sittings or Sessions of any Court The Sheriff to record urors who- of Assize and Nisi Prius, Oyer and Terminer, Gaol Delivery, keep a Sessions of the Peace, or County Court, the Sheriff shall, on the serve™ Jury List from which the Panel of Grand Jurors (if any) returned to such Sittings or Sessions was drafted, and on the Jury List from which the Panel of Petit Jurors jreturned upon the Gene- ral Precept to such Sittings or Sessions was drafted, op- posite the names of the Jurors respectively, note the non- attendance or default of all the Jurors in such Panels who have not duly attended and served upon such Panels until discharged by the Court. 1®3. Every Juror who has attended and served upon And grant a any such Panel as last aforesaid, shall (upon application by fj!"^''f''j?YJ him made to the Sheriff or Deputy Sheriff, before he departs manded. from the place of trial), receive a certificate testifying his attendance and service, and the Sheriff or Deputy Sheriff shall give such certificate upon demand. 1®©. Immediately after every Session of the Recorder's The High Bai- Court for any City, the High Bailiff of such City shall, on the ^^^^^riuti^ Jury List from which the Panel of Grand Jurors returned to in Kecorder's such Session was drafted, and on the Jury List from which the ^°^^^^- Panel of Petit Jurors returned upon the General Precept to such Session was drafted, opposite the names of the Jurors respectively, note the non-attendance or default of all the Jurors in such Panels respectively who have not duly attended and served upon such Panels until discharged by the Court. 107. Every Juror who has so attended and served upon Same subject. any such Panel as last aforesaid, shall (upon application by him made to such High Bailiff or his Deputy before he departs from the place of trial) receive a certificate testifying his at- tendance and service, and the High Bailiff or his Deputy shall give such certificate upon demand. SPECIAL JURIES. 1®S. Her Majesty, or any prosecutor. Relator, Plaintiff, or Either party Demandant, and any Defendant or Tenant in any case what- special Jury. ever, whether civil or criminal, or on any Penal Statute, excepting only on Indictments for Treason or Felony, may in any such case triable by a Jury, have the issue joined tried by a Special Jury upon suing out the necessary Jury Process for 366 Cap. 31. Jurors and Juries, 22 Vict. for that purpose, and procuring such Special Jury to be struck and duly summoned lor the day on which the trial of such case is to be had, and every Jury so struck shall be the Jury return- ed for the Trial of such issue. New trial in 109. In the event of a new Trial being ordered in any cas^eT' °^'^ case after the verdict of a special Jury, the Venire Facias Ju- ratores shall set forth the names of the Jurors who sat on the first trial of such cause, or in the event of more trials than one having been previously had, the names of all Jurors who sat upon any of such trials, and none of the Jurors who so sat on any such former trial shall be returned or sit as Jurors upon any subsequent trial of the same cause. The party re- llO. In every case, the party desiring a Special Jury quiring a Spe- ^q ^jg struck, whether an actor in the cause or not, shall cial Jury may , . , . , , • » » sue out a Writ have a right m person, or by his Attorney or Agent, to sue out of Venire Fa- ^Writ of Venire Factas Turotoresiox that purpose, and every such Writ before being delivered to the Sheriff, or other Officer or Minister to whom it is directed, shall be indorsed with a direc- tion to such Sheriff, or other Officer or Minister, requiring him to return a Special Jury on the same, and every such Sheriff, or other Officer or Minister, upon receipt thereof, shall, by a Memo- randum in writing upon such Writ, appoint some convenient day and hour for striking such Special Jury, the day and hour so fixed being sufficiently distant to enable the party suing out the said Venire to give the necessary notice to the opposite party. Sucii party to give notice to tlie opposite party. 111. In any such case the party, his Attorney or Agent, suing outsuch VenireFacias, shallgivenoticeinwritingtotheop- posite party, his Attorney or Agent, that he has sued out a Venire Facias in the cause for the purpose of having a Special Jury struck therein, and of the day and hour appointed by the Sheriff or other Officer or Minister for striking the same, and such notice shall be served on such opposite party, his Attorney or Agent, four full days before the day so appointed, and an Affi- davit or Affirmation of such service, or an admission in writing under the hand of the Attorney or Agent on whom it has been served, shall be produced to the Sheriff, or other Officer or Minister, at the time appointed for striking such Special Jury, and in default thereof the Sheriff, or other Officer or Minis- ter, shall not proceed to strike the Special Jury upon such appointment. Qualification of 1 1 S. Every Special Jury to be struck under the authority of the t^o^teSracTun- °"^ hundred and eighth section of this Act, shall, except as herein- der the losth after provided, consist solely of persons whose names appear on the Roll of Grand Jurors for the Superior Courts or on the Roll of Grand Jurors for the Inferior Courts for the year in which the Writ of Venire Facias is returnable. section. 113. 1&59. Jurors and Juries. Cap. 31. 357 113. Every such Special Jury shall be struck in the follow- How a special ing manner, that is to say : struck'* '° ^^ 1. The Sheriff shall provide a set of Ballots or pieces Ballots to be of parchment, card or paper, of as uniform and con- prepared. venient a size as reasonably may be, and containing the same number of Ballots as there are numbers on the res- pective Grand Jurors' Rolls from which the said Special Jury is to be struck, and the whole of the numbers of such Grand Jurors' Rolls, shall be printed or written, upon such ballots respectively, allowing one number to each Ballot, and distin- guishing each number by the letters S. G. or I. C. according as it belongs to the Roll of Grand Jurors for the Superior Courts, or to the Roll of Grand Jurors for the Inferior Courts ; And 2. At the office of the Clerk of the Peace, at the time jorawing appointed for such purpose, in the presence of all the parties in Jurors. the case and of their Attorneys and Agents (if they respect- ively attend, or if none of the said parties, their Attorneys or Agents, attend, then upon such proof as is hereinbefore pro- vided of the service of the notice of striking such Special Jury), the Sheriff shall put all the said Ballots in the box or urn, and after having caused the said box or urn to be shaken so as suffi- ciently to mix the saidBallots, he shall draw outof the said box or urn forty of the said numbers, one after another, and shall , as each number is drawn, refer to the corresponding number in the Grand Jurors' Roll to which such Ballot may belong, and read aloud the name to which such number is appended in the said Roll; 3. If at the time of so reading any such name, either objection to party, or his Attorney or Agent, objects that the man whose JufO''s *^^"- name has been so drawn is in any manner incapacitated from serving on the said Jury, and also then and there proves the same to the satisfaction of such Sheriff, the name shall be set aside, and the said Sheriff shall instead thereof draw out of the said box or urn another number, and shall in like manner refer to the corresponding number in the Grand Jurors' Roll to which such Ballot may belong, and read aloud the name to which such number is appended in the said Roll, and such name may be in like manner set aside, and other numbers and names be drawn according to the mode of proceeding herein- . before described for the purpose of supplying names in the places of those set aside, until the whole number of forty names not liable to be set aside is completed ; 4. And if in any case it so happens that the whole number j forty names of forty names caimot be obtained from the said Grand Jurors' cannot be ob- RoUs, the Sheriff shall, in like manner from the Grand Jurors' '^"^^ ' Rolls in the Jurors' Book of the nearest year for which there is a Jurors' Book or certified copy thereof in the office of the Clerk of the Peace, ballot, in addition to those already taken 368 Cap. 31. Jurors andJuries. 22 Vict. taken from the first mentioned Grand Jurors' Rolls, the number of names required to make up the full number of forty names ; Sheriff to make 5. And the said Sheriff shall thereupon make out a List of the forty names, together with their respective places of abode Striking out. and additions, from which List, after a reasonable time allowed in the discretion of such Sheriff for enquiry and consideration respecting the same, each party, his Attorney or Agent, shall strike out twelve names, such names being so struck out by parties one by one alternately, the party suing out the Venire Facias commencing ; The sixteen 6. And the Sheriff shall return upon such Venire Facias summoned^ the sixteen persons whose names remain on such List, to appear on the day appointed for the trial of such cause ; How special 7. And from such sixteen persons, or so many of them as °™* ■ appear in obedience to the summons, a Special Jury for the trial of the cause shall be taken by Ballot in the manner hereinbefore by the ninety-fourth section of this Act prescribed for the draw- ing of Petit Jurors from the General Panel therein mentioned. Howioproceed 114. If any of the parties in the cause neglect to attend {a.i\s^^ ineai ^° person or by Attorney or Agent, at the striking . of the Special Jury, the Sheriff, upon production of the affidavit, affirmation or admission of service of the notice as aforesaid, and after waiting at least half an hour for such absent party, shall, if requested by the other party, his Attorney or Agent, proceed to strike the Special Jury, and in case of the continued ab- sence of such first mentioned party, the Sheriff shall, on his behalf, strike out of the said List the twelve names to be by such party struck out of the List as aforesaid. Howifthe 115. In case the Court of Chancery directs any issue or ce°ry'direSsl"" i''^"^^ ^^ ^® tried by a Special Jury, such Special Jury shall be trial by Special Struck and summoned in (as nearly as may be) the same man- JuT- ner as for the Superior Courts of Common Law. JURIES OF MERCHANTS, &C. In what casts II©. In suits between : Juries of Mer- had. L Merchant and Merchant ; or 2. Trader and Trader ; or 3. Merchant and Trader, involving one or more questions oi mercantile consideration ; and 4. In suits between Manufacturer and Manufacturer; or 5. Mechanic and Mechanic ; or 1859. Jurors and Juries. Cap. 31. 3^9 6. Manufacturer and Mechanic, involving one or more ques- tions of Mechanical or scientific consideration ; and 7. In suits between any of the former and any of the latter involving one or more of any of such questions ; and 8. In suits between any other persons involving one or more questions of scientific consideration ; Either of Her Majesty's Superior Courts of Common Law in wliat cases at Toronto, in Term time, or any Judge thereof, in Vacation, OTdera"""fa^ without consent of parties in all but the eighth or last mentioned Ju^'^, wWvor ' case, and with consent of parties in the last mentioned case, ^''''^°""=°'}'";^ may order and direct any such cause to be tried by a Special Jury ''''"' ° P=i'*«»- of men belonging to the appropriate kind or kinds of business as aforesaid, or of scientific men respectively, as the case may be ; but any such Rule not made with the consent of parties, shall be made only upon a rule to shew cause or summons upon which the adverse party has had the usual opportunity of being heard as in other cases. 117. In every Rule for striking any such Special Jury, it Contents of the shall be ordered that such Special Jury shall be struck, and the °^'^''^ 'o'' «"'•''» names of such Special Jury be certified to the Sheriff by three "'^^' Elisors to be appointed in writing by endorsement upon such to be struck by Rule, one by the Plaintiff" in the cause, his Attorney or Agent, Elisors. another by the Defendant, his Attorney or Agent, and the third by the Clerk or Deputy Clerk of the Crown and Pleas of the Court in which the cause is pending, or in case of such Elisors disagreeing, then by the majority of such Elisors, all three being present. 118. The Sheriff upon the Venire Facias in such cause, shall The Sheriff to return and summon the persons whom such Elisors, or the ma- *"™'^°"' jority of them, certify to him to have been struck as Special Jurors for the trial of the same. 119. The indorsement to return a Special Jury on the How Writ of Venire Facias in every such cause, shall direct the Sheriff to 7^™''« P<^^<^ „ .■,-,•' (• CI ■ 1 • n p to be endorsed. return a Special Jury of men ol the appropriate Icmd 01 business as aforesaid, or of scientific men, as the case may be, pursuant to such certificate as he may receive from the Elisors (naming them,) or a majority of them in that behalf appointed by such Rule. 120. Every such Special Jury shall be struck in the follow- How such Spe- , u . . ^ ' •' cialJ lines are ing manner, that is to say : to be struck. 1. The three Elisors, or a majority of them, upon the delivery Appointment d to them of a copy of the Rule for such Special Jury and of the * ^'^^'' Venire Facias for the return of such Jury, shall, at the request of either of the parties in such cause, make an appointment in X ,,..,, writing 370 Gap. 31, Jurors and Juries. 22 Yvn. writing of a day, hour and place for striking such Special Jury- as by the one hundred and tenth section of this Act is provided with respect to other Special Juries ; Listof qualified 2- And upon notice of such appointment being served upon persons. the opposite party, and such service being proved as in the same section is provided with respect to other Special Juries, the said Elisors shall, at the time and place so appointed, and after waiting the time prescribed by the one hundred and fourteenth section, proceed to make a list of the names and additions of all the persons whose names appear on any of the Jurors' Rolls for the year in which such Venire Facias is returnable, and who in their > judgment come within the description of persons required to be struck on such Jury according to the exigency of the Rule ; If there be not 3 And if there be not forty of such persons to be found upon forty qualified, g^^j^ Rolls, and if the said Elisors, or the majority of them, know of a sufficient number of persons answering the des- cription within the County, whether such persons be otherwise qualified and liable to serve, or exempt from serving as Jurors or not, provided they be not persons disqualified from any of the causes set forth in the thirteenth section of this Act, the said Elisors, or a majority of them, shall add to the list the names and additions of a sufficient number of such persons, to com- plete trie same to forty names ; If more than 4. And if there are the names of more than forty of such per- forty. gpjig qh such Rolls, the said Elisors, or the majority of them, from the names of all persons on such Rolls v/ho answer such description, shall, in the manner prescribed by the one hundred and thirteenth section of this Act for the striking other Special Juries, select forty of such names ; ;the 5. And the List of such forty names being thus completed, the same shall be reduced in the same manner as hereinbefore by the said one hundred and thirteenth section provided with respect to other Special Juries ; ileduoinj List. Nnmes of the 6. And the Said Elisors shall thereupon give a certificate to le.iurorstobe g^ch of the parties to the suit, their Attorney or Aeent, certi- OCrtlfled to „. r iii.. r ^ ■ ^ I parties. lymg the names and additions oi the sixteen persons whose names remain upon the List ; What exemp- tions shall not Keturn and Summons. 7. And every person so struck on any such Special Jury shall be liable to serve on the same, although exempted from serving upon Juriesby the general provisions of the seventh, eighth and ninth sections of this Act ; 8. And the Sheriff, or other Officer to whom the Venire Facias is directed, shall, upon receipt of either of such certifi- cates, return and summon such sixteen persons accordingly ; , ' 9. 1859. Jurors and Juries. Cap. 31. 37 1 9. And from these sixteen persons so returned shall be Striking Jury, selected the Jury to try such cause, in the same way and under and subject to the like restrictions as by the one hundred and thirteenth section of this Act is enacted with respect to other Spe- cial Juries. ^ ISl. In case a Special Jury has been struck for the trial of in special Jury- any issue, the talesmen, if any be required, shall be selected cases, taiesmea from the Jurors empannelled upon the Common Juiy Panel to from tiie gene- serve at the same Court if a sufficient number of such men can be "■^'paael- found, and the Queen, by any one duly atithorJzed or assij^ned, and every party shall, in every such case, have and may exer- cise their respective challenges to the talesmen so added, and the Court shall proceed to the trial of every such issue with those Jurors who were before empannelled, together with the talesmen so newly added and annexed, as if all the said Jurors had been returned upon the Writ or Precept awarded to try the issue. ISS. Nothing herein contained shall prevent the same The same Spe- Special Jury, however nominated,, from beina; summoned and ■='*' •'"''y ?""?, returned, to try any number of causes, provided the parties cases— when, respectively, or their Attorneys, signify in writing to the Sheriff, or other Officer to whom the return of Juries in such, cases belongs, their assent to the nomination and return of such special Jury for the trial of their respective cases ; But if such Juror has served upon one or more Special Juries at the same Assizes or Session of Nisi Prius, the Court may, upon his application, discharge him from serving upon any other Special Jury during the same Assizes or Session of Nisi Prius. 153. The party who sues out a Venire l^acias for a Special The party who Jury in any cause, shall pay the fees for striking such Special \v>|t°topav- Jury, the fees of the Jurors, and all the expenses occasioned by fees of striidng, the trial of the cause by such Special Jury, and shall not have '^''" any further or other allowance for the same upon taxation of costs than if the cause had been tried by a common Jury, unless the Judge who tried the case certifies under his hand, in open Court, immediately after the verdict, or afterwards, upon a Summons at Chambers, that the same was a cause proper to be tried by a Special Jury. VIEWS, JURIES DE MEDIETATE LINGUA AND INQUESTS. 1 54. When in any case, either Civil or Criminal, or on any when a view- Penal Statute depending in either of Her Majesty's Superior maybegrant- Courts of Common Law at Toronto, it appears to such Court or to any Judge thereof in vacation, that it will be proper and necessary that some of the Jurors who' are to try the issues in such case, should have view of the place in question, in order to their better understanding the evidence that may be x^ given 372 Cap. 31. Jurors and Juries. 22 Vict. given upon the trial of such issues, such Court, or Judge m vacation, may order a Rule to be drawn up containing the usual terms, and, if such Court or Judge thinks fit, also requir- ing the party applying for the view, to deposit in the hands of the Sheriff a sum of money to be named in the Rule for payment of the expenses of the view. Writ therefor. 1 35. Such Rule shall also command Special Writs of Venire Facias and Distringas to issue, to the Sheriff or other Officer, to whom the said Writs are to be directed, commanding him to have six or more of the Jurors named in such Writs, or in the Panels thereunto annexed, (who are mutually consented to by the parties, or if they cannot agree, are drawn by ballot from such Panels,) at the place in question, some convenient time before the trial. Locus in guo to be shewn to the viewers. 138. The Viewers shall, then and there, have the place in question shewn to them by two persons in the said writs named to be appointed by the Court or Judge ; ai|d the said Sheriff, or officer who is to execute such writs, shall, by a Special return thereto, certify that the view hath been had accord- ing to the command of the same, and shall specify the names of the viewers. How the view- ers shall be se- lected. The viewers to be the first sworn on the Jury. 137. When the parties in any such case do not agree as to the Jurors to be nominated to take the view, the viewers shall, by the Sheriff or other Officer to whom the Venire Facias Juratores in such case is directed, be drawn by ballot from the Panel returned upon such Venire Facias^ at some time and place to be appointed by the Sheriff or other Officer for that purpose, in the like manner as by the ninety-third and ninety- fourth sections of this Act is provided for drawing Juries from the General Panel at Nisi Prius ; But no such Sheriff or other Officer shall proceed to draw such viewers from such Panel without having first given at least forty-eight hours' notice in writing to the respective parties in the suit, of the day, hour and place of such drawing. 138. When a view has been allowed in any case, those men who have had the view, or such of them as appear upon the Jury to try the issue, shall be first sworn, and so many only shall be added to the viewers who appear, as after all de- faults and challenges allowed, make up a full Jury of twelve. As to Juries of 139. Nothing herein contained shall extend to any Jury of matrons, otde matrons, or to any Writ de ventre inspiciendo, or to deprive any £^ia, 4-c. '" alien not naturalized who has been indicted or impeached of any felony or misdemeanor, of the right of being tried by a Jury de viedietate linguas, but on the prayer of every such alien so indicted or impeached, the Sheriff shall by command of the Court return for one half of the Jury a competent number of aliens, if so many there be in the Town or place where the trial is had, and if 1859. Jurors and Juries. Cap. 31, 373 if not, then so many aliens if any, as are found in the same town or place, and no such alien Juror shall be liable to be chal- lenged for want of any qualification Required by this Act, but every such alien may be challenged for any cause of dis- qualification in like manner as if he were otherwise qualified by this Act. £30. No man shall be liable to be summoned or em- No person to be pannelled to serve as a Juror in any County, City or s"™moned on ir> . ^ ••^1^1 "^i Junes whose lown, upon any inquest or inquiry to be taken or made name is not on by or before any Commissioners appointed under the Great l^^™" "'^ Seal of the Province, or the Seal of any Court in Upper Canada having general jurisdiction throughout the same, or having ge- neral jurisdiction throughout any County of the same, or through- out any City, or Town within the same, unless the name of such person appears upon one or other of the Jurors' Rolls for the year in which such person is called upon to serve on such inquest or inquiry. 131. But nothing in the next preceding section contained Except on Co- shall extend to any inquest to be taken by or before the Coroner ™°er Juries, ofany County, Union of Counties, City or Town by virtue of his office, or to any inquest or inquiry to betaken or made by or before any Sherift, High Bailiff, or Coroner, of any County, City or Town, but the Coroners, Sheriffs and High Bailiffs aforesaid, in all such Counties, Cities and Towns respectively, shall respect- ively take and make all inquests and inquiries by Jurors of the same description as they were used and accustomed to do before the passing of this Act. APPLICATION OF CERTAIN PROVISIONS TO CITIES AND recorder's COURTS. 1 32. In eveiy City in which there is a Recorder's Court, Provisions ap- or any other Court either Civil or Criminal, or both, having local corder's CoSt " jurisdiction within such City, and in which Court, or any Sittings or Sessions thereof, Jurors are required for the trial of issues of Fact joined therein according to the course of Common Law : 1. The Clerk of the Recorder's Court of every such City J^^^^^f^'^g"^ shall, annually, within the same period as is hereinbefore court to per- arovided for the performance of a similar duty by the Clerks 5"','?"*';^,^"'^ 3f the Peace and in a similar manner, prepare from such Reports cierk o/the 3f the Selectors of Jurors of the County within the limits of P«^'^e, &c. A^hich the City is embraced, as have been returned for iVards or other local divisions lying within such City, a Jurors' Book for such City, inserting in the respective Jurors' Rolls in such Book, the names of the persons resident within such City, yho, upon such Reports, or upon such of them as have then come n as aforesaid, have been returned as qualified and liable to lerve as Grand or Petit Jurors respectively, either in the S upe- ior or Inferior Courts ; 2. B74 Cap. 31. Jurors and Juries. 22 Vict, But only two 2. Except only that there shall, in every such case, be but rolls required. ^^^ Rolls, one of Grand Jurors, consisting of all such persons as have been so selected, balloted and reported for Grand Jurors in either the Superior or Inferior Courts, and the other, of all such persons as have been in like manner selected, balloted and reported for Petit Jurors in either the Superior or Inferior Courts, and the heads of such Rolls in such Jurors' Books shall be adapted to the same accordingly ; The Recorder 3. And such Recorder's Court, the Recorder of such City, or the 10 preside, &c. Chairman, or other presiding Member thereof, the Mayor, the Clerk of such Court for the time being, and the High Bailiff, shall respectively perform the like duties in respect of such Books, and the preparing and selecting of the Jury Lists from the Jurors' Rolls, as are hereinbefore prescribed to the Selectors of Jurors from the Jurors' Rolls for the respective Counties ; and High Baiiiffto 4. All Other duties which are by this Act prescribed to the lefrequired'^oi" Sheriffs of Counties, in respect of Jurors, whether Grand or Sheriii;&c. Petit, Within their respective Counties, shall, as respecis Grand or Petit Juries for the Courts of any such Cities, be performed by and required of the High Bailiff or other officer, as aforesaid ; and In drafting JurorSj &c. Same subject Jurors' book when a Town l)ecomes a City. 5. The manner of drafting, striking, returning and summoning Juries by the Sheriff, upon Writs of Venire Facias Juratores, as prescribed by this Act, shall be observed and followed by the High Bailiff", Coroners, Elisors and other Officers having the return of Jury process within every such City, and such High Bailiff, Coroners, Elisors and other Officers and Ministers shall for such purpose, have free access, at all reasonable times, to the Jurors' Book, in the office of the Recorder's Court or other similar office of such City ; and 6. The High Bailiff, Coroners, Elisors, and other Officers and Ministers of every such City, shall possess allthe powers and perform all the duties in any way connected with the drafting, striking, returning and summoning such Juries, which are by this Act prescribed to or vested in the Sheriffs of Counties with respect to Juries returned by them upon similar process. 1S3. In every case in which a Proclamation issues erect- ing any Town into a City upon, from and after the first day of January of the following year, a Jurors' Book shall be prepared, and Jury Lists selected for such City for such following year as hereinbefore directed with respect to Junior Couiilies. Clerk ofthe 1S4. In every such case, the preparing the Books, Peace to per- ^j^g gelectin? of the Jury Lists and the performinsof all other form pro tern, , i . " • i i i ■ . , '^ i ^ ° < i the duties ofthe acts and thmgs required by tins Act to be done for such newly «onJer°s'^(?ourt proclaimed City, shall be done and performed by the Selectors of 1859. Jurors and Juries. Cap. 31. 875 of Juries from the Jurors' Roll for the County within the limits of which such Town lies, in the like manner as according to the provisions of this Act would, in the case of other Cities, be done and performed by the Clerk of the Recorder's Court of such Cities, the Recorder and Recorder's Court and the Officer of such Court respectively. 1S5. In every such case, the Clerk of the Peace shall, Clerk ofthe on demand, deliver over to the Clerk ofthe Recorder's Court ^ eat^e to hand r ^ ri- 1 f 'TIT <. -n 1 r i overJurors' 01 the City erected as aioresaid, the Jurors Book lor such booktoCierk newly erected City, as soon as may be after the same has court""''™'^ been completed, and the copies thereof made and deposited in the proper office, and the Clerk of the Recorder's Court shall thereupon give him a receipt for such Book. 13©. Upon such receipt being filed with the Chamberlain Who topaythe of such City, and upon the accounts ofthe said Selectors for the expenses there- services thus performed for such City, being verified by affidavit before any Commissioner for taking affidavits for such County, and upon such accounts being properly audited and an order made for payment thereof, the Chamberlain of such City shall pay the amount of such accounts out of the like moneys as are herein- after provided with respect to the payment of similar ac- counts by the Chamberlains of other Cities, and such payment shall in like manner be allowed in the accounts of such Chamberlain. 1S7. All the powers conferred and the duties imposed Powers of Jus- by this Act upon Justices of the Peace, with respect to Coun- tices conferred ties, are hereby conferred and imposed upon the Aldermen of Cities in Avhich a Recorder's Court is established. 138. The duties by this Act required of the SheriiTs of Thedutiesof the different Counties and ofthe High Bailiffs, or other similar u'^^'S ?°^ Officers of Cities, and those also required of the Clerks ofthe maybeper- Peace, and of the Clerks of the Recorder's Courts of Cities as formed person- aforesaid, may be performed either by the principal Officer puty?*^ ^ himself, or by his Under-SherifFor Deputy. OMISSIONS NOT TO VITIATE VERDICTS. 1S9. No omission to observe the directions in this Act Omissionsto contained, or any of them, as respects the qualification, select- ^I'feetlons^of ion, balloting and distribution of Jurors, the preparation of the this Aoi, not Jurors' Book, the selecting Jury Lists, from the Jurors' Rolls, '"^''if&c* the drafting panels from the Juiy Lists, or the striking of Spe- cial Juries, shall be a ground of impeaching the verdict in any cause, or be allowed for error upon any Writ of Error or Appeal to be brought upon any judgment rendered in any case, crimixial or civil, by any Court in Upper Canada. PAYMENT S76 Cap. 31. Jurors and Juries. PAYMENT or JURORS. 22 Vict, 1. — GRAND JURORS. County Couii- • cils to provide funds for pay- ing Grand Jurors, 140. The several County Councils may, in their discre- tion, from time to time by By-law, provide for the payment to Grand Jurors, either at the Courts of Oyer and Terminer and General Gaol Delivery, or at the General Quarter Sessions, out of the County funds, such sum per diem as they deem reasonable. Allowance to Petit JuroriS attending cer- tain Courts. False declara- tion. ». PETIT JURORS. 141. Every Petit Juryman actually attending any of the Courts of Assize and Nisi Prius, Oyer and Terminer, General Gaol Delivery, General Quarter Sessions of the Peace, or County Courts in Upper Canada, shall be entitled to receive in the manner hereinafter provided, the sum of one dollar per day, for every day he attends such Court, and the sum of ten cents per mile for every mile he necessarily travels from his place of residence to the said Court, or such other sums as the County Council by By-law from time to time fixes and deter- mines, and the distance travelled shall be ascertained by the declaration of the Sheriff's Bailiff who summoned such Juror, or by the declaration of the Juror himself ; But every Juror who makes a false declaration respecting such distance, shall forfeit his right to receive any payment for travelling to or at- tending such Court as a Juror. Only i'ees. Sheriff to malce a Pay List lor Petit Jurors. 142. No Petit Juror shall be entitled to any fee or allow- ance other than is provided by or under this Act. 143. Every Sheriff shall make a pay list for the Petit Jurors summoned to attend any of the aforesaid Courts in the form 0, and shall attend or cause some Officer to attend at the opening of the Court, on the morning of every day on which such Court sits for the trial of causes by Jury, and upon the Petit Jurors being called over, shall check and mark the word " present," or " absent," as the case maybe, in the proper column of such list opposite the name of every such Juror, and on the last day of the sitting of such Court shall certify and return the said pay list to the Treasurer of the County. Treasurer to 144. The said pay list, checked and certified as aforesaid, pay the Jurors, shall be a Sufficient authority for the Treasurer to pay to each Petit Juror the sum to which he appears entitled, as certified by such list, and the Treasurer shall forthwith pay every such Juror the sum so appearing due to him on such list. Allowances 10 145. Every Sheriff shall be entitled to receive from the Sheriffs. Treasurer of the County of which he is Sheriff, such sum for each pay list, and such sum per diem for checking the same every 1869. Jurors and Juries. Cap. 31. 377 every day at the opening of the Court, and for certifying and re- turning the same to the Treasurer, as the County Council by By- law determines ; and for the purposes of the payment of Jurors, Certain Courts the Courts of Oyer and Terminer and General Gaol Delivery i CRIMINAL CASES. 150. In all criminal cases in which by law the party pro- The like in cri- secuting, or the party prosecuted, is liable to pay the costs of the "jJ'g^je'g^Xr prosecution, the Officer of the Court shall charge against and party is liable receive from the party so liable the sum of Three Dollars '° P='y '^°*'*- over and above the «um to which he is otherwise liable, and such sum of Three Dollars shall form part of the fund for the payment of Petit Jurors, and shall forthwith be paid over by the Officer receiving it, to the Treasurer of the County in which the prosecution has been carried on. 151. All fines and penalties imposed upon and levied in certain fines to the several Counties in Upper Canada, not payable to the Re- ^°'°^jjYoi ceiver General or to any Municipal Corporation, and all fines Jurors. upon Jurors for non-attendance levied therein, shall be paid to 378 Cap. 31. Jurors and Jv/ries. Vict. to the Treasurers of each of the said Counties respectively, and shall form part of the fund for the payment of Petit Jurors under this Act. CotJNTT COUNCILS TO SUPPLY DEFICIENCY. County Coun- cils to provide funds lor pay- ing Jurors. t5S. In case the sums appropriated by this Act be not suffi- cient to pay the said Jurors, the several County Councils shall raise and appropriate such sums of money as in their judgment will be sufficient to pay the Petit Jurors according to the terms of this Act. County Coun- cils to provide funds. Until provided what fees Jurors shal 1 receive. Iti3. Every County Council which has not made such pro- vision for the payment of Jurors shall, at the regular meeting in January next, make provision for, and appropriate a sum of money for the payment of Jurors for such County ; and in every such County, until such provision be made, every Petit Juror shall be allowed the sum of twenty-five cents in every cause in which he is sworn as a Juror in any civil case in the Su- perior Courts or at the Assizes, and the sum of twelve and a half cents in cases in the County Courts, and such fee shall be paid by the plaintiff or his Attorney, and shall be accounted for in costs by the party charged with the payment thereof. 2 G. 4, 2nd session, c. 1, s. 30. County Trea- 154. In every County in which a Petit Jury fund is for the surer to notify first time provided, the Treasurer of such County shall give funds are pro- notice to the Sheriff of the County, who shall thereupon perform vided. the duties imposed upon him under this Act. Cities bound to contribute. iS5. The Municipal Corporation of any County in Upper Canada of which a City or a Town withdrawn from the juris- diction of the County Council forms part for judicial purposes, may demand and recover from the Municipal Corporation of such City or Town a portion of the expenses incurred by such County, in any year, for the payment of Jurors, which portion shall be determined as follows : Deduction to be 1. From the total sum expended in the County in any year, ^mlxp^d°ed.^ ^°' ^^^ payment of Jurors and other fees and disbursements under this Act, there shall be deducted the sums paid to Jurors for attendance at the Courts of Quarter Sessions, and the sum actually received by the County in such year for fees and penalties, which under this Act are appropriated towards the payment of Jurors. Portion to be 2. Of the sum remaining after such deduction, the portion to be fhTcn''"&c ^^ fi'^^'ly borne by the City or Town and by the County respectively, ^ '^' "' shall be in proportion to the assessed value of all the rateable property in each, and the sum to be finally borne by the City or Town shall be the sum to be repaidby the" Municipal Corpora- tion thereof to that of the County ; 3. 1859. Jurors and Juries. Cap. 31. g7! 3. In comparing the value of the rateable property in any City Assessed an- or Town and County for the purposes of this Act, the assessed ""ii' ^a^"®' *= annual value shall be held to be ten per cent, of the actual value. 156. The actual or annual value of rateable property in a Annual value City or Town or County for the purposes of this Act, shall be pertyloteth that shewn by the Assessment-Rolls of each, for the year in shewn by as- which the expenses to be divided between them are incurred, *essment-rolli and the portion of such expenses to be finally borne by the City or Town shall be payable to the County immediately after the close of each year. 157. The Council of any City or Town shall raise by The CouncU assessment the sum of money required by such City or Town Cities to raise for the purposes of this Act, or shall pay such sum out of any fundTby^as^ moneys belonging to the City or Town, and applicable to mu- sessment, &« nicipal purposes generally. FEES TO OrpiCERS. 1. TO SELECTORS. 158. The Selectors of Jurors under the fourteenth section FeestoSelec of this Act, shall for every selection and distribution of Jurors, °4th"°'^u *' and the Report thereof made by them, be entitled to such sum of money as is authorized to be awarded them by the Council of the Municipality of which they are respectively Officers ; and upon receipt of a certificate from the Clerk of the Peace that the Report has been returned to him within the time limited by Law, such sum of money shall be paid to such selectors respectively by the Treasurers (or Chamberlains, as the case may be,) of their respective Townships, Villages, Towns and Cities, in such manner as such Municipal Councils may severally direct. 159. The Selectors of Jurors under the fifty-first section of Fees to Seie this Act shall be entitled to the sum of four dollars each for ors under th< each day's attendance for the purpose of selecting Jurors, and upon receipt of a certificate from the Clerk of the Peace for the County or Union of Counties, that the duties required of such Selectors have been duly performed by them, such sum shall be paid by the Treasurers of the County (or Chamberlains of the City) to every such Selector of Jurors. 2. TO CLERKS OF THE PEACE AND OF RECORDER'S COURTS. 16®. The Clerk of the Peace of every County, and the FeestoCler Clerks of the Recorder's Courts, in every City in which a Re- °[^eg™je"r corder's Court is established, shall be entitled to the following Courts, sums of money for the respective services performed by them under this Act, that is to say : 1. 880 ^^P" ^^' Jurors and Juries. 22 Vict. 1. For receiving and examining the Reports of Selectors for each City, Town, Village and Township, causing any deficiency which may be found therein to be supplied, and filing the same in his office, fifty cents ; 2. For giving certificates to Selectors of Jurors, of duties having been performed, fifty cents ; 3. For preparing in proper form each Jurors' book, and super- intending the making up of the same (besides actual disburse- ments for stationer's charges) three dollars ; 4. For arranging alphabetically and in order the names con- tained in Selector's Report, per one hundred names, two dollars ; 5. For making up Jurors' books, entering all the names and numbers, and all other matters required to be entered therein, per one hundred names, two dollars ; 6. For each copy of the Jurors' book required by this Act, per one hundred names, two dollars ; 7. For each certificate required to be entered on the Jurors' book to verify same, one dollar ; 8. For copy of Jury list required to be entered, per one hun- dred names, two dollars ; 9. For each panel of Jurors drafted from the Jury list, per one hundred names on such Jury list, two dollars ; 10. For entering each panel in the Jurors' book, with the numbers corresponding to the Jury list, two dollars ; 11. For making up aggregate return in detail of Jurors, five dollars ; 12. For copy thereof, and transmitting same to Provincial Se- cretary when required, and for office copy of the same, each, two dollars ; 3. TO SHERIFFS, &C. 161. The Sheriff, High Bailiff or other officer of every riffs. High Bai- such County or City, shall, exclusive of such fees as he lifls, (tec. jYiay be entitled to from the parties in any suit, be entitled to the following sums of money for the respective services performed by him under this Act, that is to say : 1. For each panel of Jurors, whether Grand or Petit, returned and summoned by him in obedience to any general Precept for the Return of Grand or Petit Jurors for any sittings or sessions of Assize and Nisi Prius, Oyer and Terminer, Gaol Delivery, Sessions 1859. Jurors and Juries. Cap. 31. 38 1 Sessions of the Peace or County or Recorder's Court respective- ly, under this Act, four dollars ; 2. For copies of such panel to be returned to the offices of the Superior Courts of Common Law at Toronto, each, one dollar ; 3. For every summons served upon the Jurors on any panel, the sum of twenty-five cents ; 4. And in the case of Sheriffs of Counties, the further sum of eight cents for every mile which the Sheriff or his Deputy or Bailiffs necessarily and actually travelled from the County Town for the purpose of serving such summonses ; such mile- age to be allowed for going only and not for returning ; 5. And for every certificate given to any Juror of his having served, (to evidence his exemption from serving again until his time for doing so returns in its course), the sum of twenty eents ; 4. TO CRIERS. 163. The Crier of every such Court of Quarter Sessions, or FeestoCriei-s Recorder's Court, for making the Proclamations, calling the "f^^g"^"®'' ^*'* names of all those drawn in the course of selecting such Jury Lists, and performing all other duties required of him under this Act, shall be entitled to the sum of one dollar and fifty cents, for every one hundred names so drawn. 163. In all the foregoing cases, when there are more if there are than one hundred, or more than an even number of hundreds of ™°'^| 'd"^am t such names, if the broken number beyond such hundred or hun- dreds falls short of fifty names, the same shall not be reckoned, and if such broken number amounts to fifty names or up- wards, the same shall be reckoned as a full hundred, but in all cases of there being altogether less than a single hundred, the same shall be reckoned as a full hundred. 164. Upon proof, by affidavit made before a Commis- How the said sioner for taking affidavits in one of Her Majesty's Superior p^^j*^" ^ Courts of Common Lavs^, of such several services having been executed, or in the case of the Sheriff, of such travel having been necessarily performed in going to effect the service of such Summonses, the affidavit being accompanied with a detailed account showing the number of miles actually and necessarily travelled in going to serve each Juror, (so that at the end of the service the officer summoning the jury shall only be entitled to mileage for the number of miles actually travelled), and upon the account being properly audited, and an order of the Court of Quarter Sessions being made for the payment thereof, the Treasurer or the Chamberlain, as the case may be, shall, out of any money in his hands belonging to the County, City or Town respectively, 882 Cap. 31. Jurors and Juries. 22 Vict respectively, not otherwise specially appropriated by Apt of Parliament, pay to such Officers respectively, the amount of their fees ; and for all such moneys so paid, the Treasurer and Chamberlain shall be allowed in his accounts with the County, City or Town, as if the same had been paid under the special authority and direction of the Municipal Council of such County, City or Town respectively. PENALTIES. Attaints of Jurors abolish- ed. l&S. The Queen shall not, nor shall any one on Her be- half, nor shall any party or parties in any case whatsoever, com- mence or prosecute any Writ of Attaint against any Jury or Jurors for the verdict by them giTen, or against the party or parties who have Judgment upon such verdict, and no inquests shall be taken to inquire of the concealments of other inquests, but all such attaints and inquests have been and shall remain abolished. tmbracery Eunishable as eretofore. 16S. Notwithstanding any thing herein contained, every person who is guilty of the offence of embracery, and every Juror who wilfuliy or corruptly consents thereto, shall be respectively proceeded against by indictment or information, and be punished by fine and imprisonment, in like manner as such person and Juror might have been before the passing of this Act. On Jurors for non-attend- ance. €)n viewers for non attend- ance. 167. If any person, having been duly summoned to attend on any Jury, in any of the Courts hereinbefore men- tioned, does not attend in pursuance of such Summons, or being there called, does not answer to his name ; or if any such Juror, or any talesman, after having been called, is present, but does not appear, or after his appearance wilfully withdraws hir-,self from the presence of the Court, the Court shall set such fine upon every such Juror or talesman (unless some reasonable excuse be proved by oath, affidavit or affir- mation,) as the Court thinks meet. SS8. Where any viewer, having been duly summoned to attend on a Jury, makes default, as in the last preceding section is set forth, the Court at which he has been summoned to attend for the trial of such cause, shall set upon such viewer, (unless some reasonable excuse be proved as aforesaid,) a fine in the discretion oi the Court to the amount of twenty dollars at the least. On Jurors upon inquest and inquiries, &c. 1®9. If any person, having been duly summoned and re- turned to serve as a Juror in any County, City or Town upon any inquest or inquiry, before any Sheriff or Coroner, or before any of the Commissioners aforesaid, does not, after being openly called three times, appear and serve as such Juror, every such Sheriff, Coroner and Commissioners respectiyely, shall (unless 1869. Jurors and Juries. Cap. 31. 383 (unless some reasonable excuse be proved on oath, affidavit or affirmation) impose such fine upon the person sd making default, as they respectively think fit, not exceeding twenty dollars. I TO. Every such Sheriff, Coroner and Commissioner res- sheriffto cer- pectively, shall make out and sign a certificate containing the 'ifyiefauitsand ^, . .. -^ ' J ., .J ° 1 IT,- c ° transmit copies, christian and surname, the residence and addition oi every man so making default, together with the amount of the fine imposed and the cause of such fine, and transmit such certificate to the Clerk of the Peace for the County or to the Clerk of the Recorder's Court of the City in which such defaulter resides, on or before the first day of the General Quarter Sessions of the Peace, or Sessions of the Recorder's Court next ensuing. i?'!. And every such Clerk shall copy the fines so Fines to be es- certified on the Roll on which all fines and forfeitures fKated. imposed at such Quarter Sessions or Sittings, or Sessions of such Recorder's Court, are copied, and the same shall be estreated, levied and applied in like manner, and subject to the like powers, provisions and penalties in all respects, as if they had been part of the fines imposed at such Quarter Ses- sions or Sittings respectively. 3 yS. If any Sheriff, or other Officer or Minister as aforesaid, on SherifTs, wiliullv empannels and returns any person to serve on a Jury &c., for default */x ■'to iif^pfoT'm fin^ in any of the Courts aforesaid, whose name has not .been duly ties assigned to drawn upon such Panel, in the manner in this Act prescribed, ">'^™- or if any Clerk of Assize, Clerk of the Peace, Clerk of the Recorder's Court or other Officer of any of the Courts afore- said, wilfully records the appearance of any man so summoned and returned who has not really appeared, — in every such case, the Court shall, upon examination in a summary way, set such fine upon such Sheriff, Officer or other Minister, Clerk of Assize, Clerk of the Peace, Clerk of the Recorder's Court, or other Officer offending, as the Court thinks meet. 1 7^. No Sheriff, Deputy Sheriff, Coroner, Elisor, Bailiff or On Sheriffs other Officer, or person whatsoever, shall directly or indirectly, **•> 'a^mg take or receive any money or other reward or promise of bnbe. money or reward, to excuse any man from serving or being summoned to serve on Juries, or under any such colour or pretence ; and no Bailiff, or other Officer appointed by any Sheriff, Under-Sheriff, Coroner or Elisor, to summon Jurors, shall summon or pretend to summon any man to serve thereon other than those whose names are specified in a Warrant or Mandate signed by such SherifljUnder-Sheriff, Coroner or Elisor, and directed to such Bailiff, or other Officer ; and if any Sheriff', Deputy Sheriff, Coroner, Elisor, Bailiff or other Officer, wilfully transgresses in any of the cases aforesaid, or summons any of the Jurors, not being a Special Juror, less than eight days before the day on which he is required to attend, or summons any Special Juror less than three days before the day on which he » is 384 Cap. 31. Jurors and Juries, 22 Vict. is to attend, except in the cases hereinbefore excepted, the Court of Assize and Nisi Prius, Oyer and Terminer, Gaol Delivery, Sessions of the Peace, County and Recorder's Court respectively, within whose jurisdiction the offence has been committed, shall, on examination and proof of such offence in a summary way, set such fine upon every person so offend- ing, as the Court thinks meet. On Sheriffs, 174. 1. If any Sheriff or Deputy Sheriff of any County, or ?ny'unautho- ^^J High Bailifl' 01 Other Officer of any City, makes, or causes rized alteration to be made, any alteration whatever in any of the Rolls, Lists booT^or'i[e-^' "^ Panels in any Jurors' Book, or in the certified copies thereof giectfng to re- in their official custody respectively, except incompliance with ton the same, ^ j^g directions in this Act contained, or neglects or refuses to pre- pare the Jurors' Book, the Ballots necessary for drafting the Panels, striking Special Jurie?;, and drawing Juries at the trial, or neglects or omits to return such Jurors' Book, and the Ballots for drafting such Jury Lists, to the Court to which by this Act he is required to return the same, or neglects or omits to per- form any other duty required of him by this Act, or wilfally does any thing inconsistent with the provisions of this Act ; On deputy 2. Or, if any Deputy or Clerk of the Crown and Pleas, makes, Clerks of qj. causes to be made, any alteration whatever in the Rolls, Lists Pleas, altering or Panels in any Jurors' Book, or in any copy thereof, depo- h\%\^, ifcc. sited in his office, or wilfully certifies as true any copy of any Jurors' Book, or any Roll, List or Panel therein, which is not a true copy thereof ; On assessors 3. Or, if any Assessor of any Townsliip, Village or Ward not makingand jn Upper Canada, neglects or omits to make out and com- assessment-roll plete his Assessment-RoU for such Township, Village or in proper time. Ward, and to return the same to the office of the Clerk of such Township or Village, or of the City or Town in which any such Ward is situated, or to the other office or place of deposit for such Roll, on or before the first day of September of the year for which he is such Assessor ; On Municipal 4. Or, if any City, Town, Village or Township Clerk, or ductog assess-' ^uy Assessor, or other Officer or person who, at the time of the ment-roii as annual meeting of the Selectors of Jurors for any City, Town, require . Village or Township, has the actual charge or custody of the Assessment-Rolls or Assessment-Roll of such City, Town, Village or Township for such year, neglects, or omits to perform the duties required of him by the seventeenth section of this Act, as regards the production of such Roll or Rolls at the annual meeting of such Selectors, or the permitting such Selectors to have necessary access to the same for the pur- poses of their duty ; On Selectors of 5. Or, if any Selector of Jurors for any Township, Village fuTdereUci^il" o"" ^^^^-i wilfully selects, ballots and reports, as qualified of duty. and liable to serve as a Grand or Petit Juror, any person who, according to the provisions of this Act, ought not to « be 1859. Jurors and Juries. Cap. 31. 335 be so selected, balloted or reported, or takes any money or other reward for so selecting, balloting or reporting or omit- ting to select, ballot or report any person whomsoever, or wil- fully inserts in any such report a wrong description of the name, place of abode, or addition of any one so selected, balloted and reported, or neglects or omits to complete his selection, ballot and report, and to deposit the same in the proper office on or before the fifteenth day of September of the year for which he acts as such Selector of Jurors ; 6. Or, if any Clerk of the Peace, or Clerk of any Recorder's On Clerks of Court of any City, or his Deputy, when acting in performance ^ffeiiietiSl' of the duties required of him by this Act, neglects or omits of duly. to perform any duty required of him in the manner herein prescribed, or wilfully does any thing inconsistent therewith ; 7. In all such cases, every such person so offending, shall, Amount ofpe- for such offence, forfeit the sum of two hundred dollars, one moiety "^''7' »°j! ^"w thereof to the use of Her Majesty, to be paid over to the Trea- ° ®^PP'* ' surer and applied as provided by the one hundred and fifty-first section of this Act, and the other moiety thereof, with full costs, to any person who will sue for the same, in any Court of com- petent jurisdiction, by action of debt or information ; but nothing herein contained shall be construed to relieve any As- sessor from the obligation of returning the Assessment-Roll at an earlier period of the year, or from any penalty he may incur by not returning the same accordingly. lyS. Except as otherwise provided by the one hundred Howjjeeuniary and fifty-first section of this Act, all fines imposed under this be"erildand^ Act by either of Her Majesty's Superior Courts of Common Law applied. at Toronto, or by any Court of Assize and Nisi Prius, Oyer and Terminer, Gaol Delivery, Sessions of the Peace, County Court, or Recorder's Court, shall be levied and applied in the same manner as other fines imposed by this Act. 176. All other penalties under this Act, for which no Recovery by other remedy is given, may be recovered by summary proceeding ^""1^"^ P™" before any Justice of the Peace having jurisdiction, over the offence, which Justice may, on complaint, hear and exa- mine witnesses on oath or affirmation, and determine the same. Mitigation of and if he sees fit, may mitigate the penalty to the extent of a penalty. moiety thereof. 17y. Unless the penalty be forthwith paid upon convic- committal for tion, such Justice shall, by warrant under his hand and seal, levy noa-payment. the same by distress and sale of the offender's goods and chattels, and for want of sufficient distress, the offender shall be committed by warrant, under the hand and seal of such Justice, to the Common Gaol or House of Correction, for such term, not exceeding six months, as suc!i Justice thinks proper, unless such penalty be sooner paid ; and all penalties shall be paid to the Treasurer as hereinbefore provided. y MISCELLANEOUS 386 Cap. 31. Jurors and Juries. 22 Vict. MISCELLANEOUS PROVISIONS. 178. The year, for the purposes of this Act, shall be the calendar year. 1 79. Nothing herein contained shall be construed to affect or alter any Statute or Law whereby the affirmation of any person belonging to certain religious societies, classes or des- criptions of persons is allowed, or directed to be in all cases received and taken from such person in lieu of an oath. 180. Whenever any legal proceeding in which a Jury wasempannelled is required to be set out, it shall not be necessaiy to specify that any particular person or persons who acted as Jurors made affirmation instead of oath, but if may be stated that they served as Jurymen, in the same manner as if no Act had passed for enabling persons to serve as Jurymen without oath. 16 V. c. 19, s. 12. Short Titles of 181. In pleading, citing or otherwise referring to this trthere^reiati've -^^^j ^^^ any Other Acts that may be hereafter passed touching or to Jurors in concerning or in any wise relating to Jurors, Juries or Inquests tTpper Canada, generally, it shall be sufficient to use the expression, The Upprr Canada Jurors^ Act (or Acts, as the case may be,) or words of equivalent import. 1 83. The following forms are those referred to in the fore- going sections of this Act, namely : Tear, what. Affirmations in- stead of oaths. Certain allega- tions not ne- cessary in set- ling out legal proceedings. FORMS A . {See Section 24.) Report of the selection and distribution of Jurors for the Township of Albion (or for the Ward of St. James, in the City of Toronto), in the County of York, for the year 18 , made at the Town [or City) Hall of the said Township (or City) by A. B. Townreeve [or Mayor), C. D. Town {or City) Clerk, and E. F., G. H. and I. J. Assessors of the said Township {or Ward), on the day' of in the year 18 , pursuant to the directions of the Upper Canada Jurors' Act of 18 .(1) FIRST DIVISION For the Roll of Grand Jurors to serve in Her Majesly^s Superior Courts of Criminal Jurisdiction. NAMES. No. of Lot or House, where known to the Selectors. Concession or Street, or Un- incorporated Village or Hamlet, where known to the Selectors. AD-DITIONS. John Anderson. 16 4. 17 2 6 Oatlands 1 Esquire. William O'Learv Alfred Piner Esquire. ^c. SECOND 1859. Jurors and Juries. Cap. 31. S87 SEC ON D DIVISION For the Roll of Grand Jurors to serve in Her Majesty^s Inferior Courts of Criminal Jurisdiction. NAMES. No. of Lot or House, where known to the Selectors. Concession or Street, or Un- incorporated Village or Hamlet, where known to the Selectors. Additions. William Adams 9 7 2 24 4 5 1 5 Gentleman. Richard House Jacob Wyse Tailor. Allan Thomas Esquire. §-c. THIRD DIVISION For the Roll of Petit Jurors to serve in Her Majesty^s Superior Courts of Criminal Jurisdiction. NAMES. No. of Lot or House, where known to the Selectors. Concession or Street, or Un- incorporated Village or Hamlet, where known to the Selectors. Additions. David Bnothf» 11 3 6 24 7 4 1 7 Merchant. George Sullivan Esquire. Shoemaker. Yeoman. Nathan Lowe Henry Grace #c. FOURTH DIVISION For the Roll of Petit Jv/rors to serve in Her Majesty's Inferior Courts of Criminal Jurisdiction. NAMES. No. of Lot or House, where known to the Selectors. Concession or Street, or Un- incorporated Village or Ham et, where known to the Selectors. Additions, George Gule 7 15 7 11 8 3 2 1 Tailor. Samuel Jones Yeoman. William Carnenter Esquire. Gentleman. Thomas Hoole Rogers We, the above-named Selectors of Jurors for the Township of Albion {or as the case may be) do hereby solemnly declare, each severally for himself, that we have made the Selection and Distribution of Jurors in^this Report from the Assessroent-RQll, ofJhe said. Township for the y2 present 388 Cap. 31. Jurors and Juries. 22 Vict, present year to the best of our judgment and information, pursuant to the directions of the Upper Canada Jurors' Act, and that we have so made the same without fear, favour or affection of, to or for any person or personsr whomsoever, gain, reward or hope thereof, other than the fees to which we are entitled under the provisions of the said Act. Witness our Hands and Seals, the day and year last above written. A. B. [L. S.] Townreeve. C. D. [L. S.] Town Clerk. E. F. [L. S.] Assessor. G. H. [L. S.] Assessor. I.J. [L. S.] Assessor. (1) FORMS B . (See Section 25.) The JuROEs' Book for the County of York, for the year 18 1— ROLL OF GRAND JURORS To serve in Her Majesty's Superior Courts (2) of Criminal Jurisdiction. . No. of Lot Concession or ts f^ or House Street, or Unincor- 13 NAMES. as in Re- porated Village or Hamlet, as in Re- Additions. Remarks. o port of Se- o •^ ectors. port of Selectors. i 1 Albion, (Township.) 1 Anderson John 16 2 Esquire, Exempted, 2 Aylof Graham 9 4 Gentleman, having 3 Boswoith David 11 7 Merchant, selrved on 4 Cameron Peter (^c, to, say) 4 6 Yeoman, G.J. List, S.C.18 . 20 Young David 2 Brock, (Township.) 7 8 Tailor, 3 21 Allan Simon 21 7 Yeoman, 22 Boll and George (^c, to, say) 5 12 Gentleman, 2 31 Wilkinson James. . . 13 4 Esquire, 32 Yates Edward 3 YORKVILLE, (Village.) 4 St. James Ward, (City of Toronto.) (4-c., to, say) 26 York, (Township.) 1 5 Yeoman, 144 503 Arthur Thomas 3 2 From Bay. Yeoman, 1 504 Bull Peter 14 1 E. Yonge St. Yeoman, These 1859. Jurors and Juries. Cap. 31. 389 These are to certify that I have carefully compared the above Grand Jurors' Roll with the Reports made by the several Selectors of Jurors for the different Townships, Villages and Wards in the County of York, in- cluding the City of Toronto as embraced within the same for certain judicial purposes, for the year one thousand eight hundred and , as such Reports remained with me as Clerk of the Peace on the fifteenth day of September in that year, and that such Grand Jurors' Roll contains a true and correct transcript of the names, descriptions and additions of all persons so selected and reported as competent, qualified and liable to serve as Grand Jurors in Her Majesty's Superior Courts of Criminal Jurisdiction for such County. Witness my hand, this eight hundred and day of one thousand E, F,, Clerk of the Peace. 2. THE GRAND JURY LIST For the Superior Courts, (2) as selected in open Court, at a General Quarter Session of the Peace for the County, on , the day of ? 18 , being the first day of the first General Quarter Sessions of the Peace for the County, held next after the tenth day of November in the said year, byC.D., Chairman of the said Court, and the undersigned Selectors, pursuant to the directions of the Act of Parliament. QD a NAMES. 3l Lot or as in Jn- oU. Concession or Street, or Unincor- porated Village or Additions. 1 2 a, Remarks. 6 Hamlet, as in Ju- rors' Roll. o 6 o d m W 2 ^- ^ 12 1 Arthur Thomas. 3 2 From Bay, V'ork Yeoman, 503 1 Served ac- cordingly. a Bolland George. 5 12 Brock Gentleman 22 1 Omitted to attend alto- gether. 3 Young David. (&c. to) 7 8 Albion Tailor, '20 144 Yates Edward . . 1 5 Brock Yeoman, •iii 1 Served ac- cordinsjly. These are to certify that on , the day of instant, being the first day of the first General Quarter Sessions of the Peace for the County of York, next after the tenth day of November in this year (6), the foregoing Grand Jury List for the Superior Courts for this County for the year one thousand eight hundred and , was in open Court duly selected, canvassed and transferred from the RoU 390 Cap. 31. Jurors and Juries. Vict. Roll of Grand Jurors to serve in Her Majesty's Superior Courts of Criminal Jurisdiction for the same year, pursuant to the directions of the " Upper Canada Jurors' Act." Witness our hands, this eight hundred and day of , one thousand C. D. Chairman. E. F. Clerk of the Peace, G. H. Warden. 3.— GRAND JURY PANELS FOR THE SUPERIOR COURTS. (2) (a) No. 1. Panel of Grand Jurors returned upon a precept from the Honorable G. H., the Honorable L J., [&c.] Her Majesty's Justices in that behalf, tested the day of 18 , for the return of twenty-four of such Jurors for the Sessions of Oyer and Terminer and Gaol Delivery, to be held for this County on the day of , one thousand eight hundred and , as drafted on , the day of , one thousand eight hundred and , at the Office of the Clerk of the Peace in Toronto, by A. B., Esquire, Sheriff, in the presence of K. L. and M. N., Esquires, Justices of the Peace for the said County, pursuant to the directions of the Act of Parliament of (3) Ph o o NAMES. No. of Lot or House, as in Jury List. Concession or Street, or Unincor- porated Village or Hamlet, as in Jury List. ^1 is a a Additions. 1 to C o d Semarks. 1 2 24 Arthur Thomas BoUand George (&c. to) Yates Edward 3 5 1 2 From Bay, 12 5 York Brock Brook Yeoman, Gentleman, Yeoman, 1 2 144 Witness our hands, the day and year last above written. A. B. Sheriff. K. L. J. p. M. N. J. p. [b) No. 2. (5) &c. 4— 1859. Jurors and Juries. Cap. 31. 891 4— ROLL OF GRAND JURORS To serve in Her Majesty's Inferior Courts (2) of Criminal Jurisdiction. (4) 1 a o o 12; NAMES. No. of Lot or House as in Re- port of Se- ectors. Concession or Street, or Unin- corporated Village or Hamlet, as in Report o( Selectors; Additions. J 13 o o Remarks. 1 Albion, (Township) 1 2 3 4 20 Acland White Adams William Eswald David Hamilton Peter.. . . . (Src, io, say) Large George 2 Brock, (Township) 16 9 11 4 7 2 4 7 6 8 Esquire, Gentleman, Merchant, Yeoman, Tailor, 3 Exempted, having served on G. J. List, S. C. 18 21 22 31 32 Ash Simon Borland George («rf., to, say) Wilkins James Waters Edward 3 OsHAWA. (Village)' 4 St. James Ward. (City of Toronto) (|c., io, say) 86 York, (Township) 21 5 13 1 7 12 4 5 Yeoman, Gentleman, Esquire, Yeoman, 2 144 503 504 Astor Thomas Peel Peter 3 14 2 From Bay, 1 E. Yonge St. Yeoman, Yeoman, 1 These are to certify that I have carefully compared the above Grand Jurors' Roll with the Reports made by the several Selectors of Jurors for the different Townships, Villages and Wards in the County of York, in- cluding the City of Toronto, as embraced within the same for certain judi- cial purposes for the year one thousand eight hundred and , as such Reports remained with me as Clerk of the Peace on the Fifteenth day of September in that year, and that such Grand Jurors' Roll contains a true and correct transcript of the names, descriptions and additions of all per- sons so selected and reported as competent, qualified and liable to serve as Grand Jurors in Her Majesty's Inferior Courts of Criminal Jurisdiction for such County. Witness my hand, this eight hundred and day of , one thousand E. F. Clerk of the Peace. 5.— 392 Cap. 31. Jv/rors and Juries. 22 Vict. 5.— THE GRAND JURY LIST For the Inferior Courts, (2) as selected in open Court at a General Quarter Sessions of tbe Peace for the County, on , the day of 18 , being the first day of the first General Quarter Sessions of the Peace for the County held next after the tenth day of November in the said year, by C. D., Chairman of the said Court, and other Selec- tors, pursuant to the directions of the Act of Parliament (3) m OI-5 . Concession or Street, >i o 3 § o NAMES. ■4-1 ,«N O 4j W or Unincorporated Village or Hamlet, as in Jurors' Rcll. -is Additions. a d c c n Remarks. ^ ^-'X o to Z Z 1 Astor Thomas. . . 3 2 From Bay. York Yeoman, 503 1 Served ac- cordingly. 2 Borland George. 5 12 Brock Gentleman, 22 1 Omitted to attend al- 3 Large George . . . («rc., to) 7 8 Albion Tailor, 20 together. 144 Waters Edward. 1 5 Brock Yeoman, 3ii 1 Served ac- cordingly. These are to certify that on , the day of instant, being the first day of the first General Quarter Sessions of the Peace for the County of York next after the tenth day of November in this year (6), the foregoing Grand Jury liist for the Inferior Courts for this County, for the year one thousand eight hundred and , was in open Court duly selected, canvassed and transferred from the Roll of Grand Jurors to serve in Her Majesty's Inferior Courts of Criminal Jurisdiction for the same year, pursuant to the directions of the Act of Parliament (3) Witness our hands, this eight hundred and day of , one thousand C. D. Chairman. E. F. Clerk of the Peace. 6.— GRAND JURY PANELS FOR THE INFERIOR COURTS. (2) (a) No. 1. Panel of Grand Jurors returned upon a precept from S. B. H., and K. L. M., Esquires, two of Her Majesty's Justices of the Peace in and for the County of York, tested the day of , 18 , for the return of twenty-four of such Jurors for the General Quarter Sessions of the Peace to be held for this County on I , the day of , one thorjsand eight hundred and , as drafted on the day of , one thousand eight hundred and at the Office of the Clerk of the Peace in Toronto, by A. B., Esquire, Sheriff, 1859. Jurors and Juries. Cap. 31. 393 Sheriff, in the presence of K. L., and M. N., Esquires, Justices of the Peace for the said County, pursuant to the directions of the Act of Parliament of (3) 1 g.H'2: Concession or Street, ^1 .™ NAMES. or Unincorporated Village or Hamlet, ■-is Additions. Remarks. o ' . 3 3 O O "^ as in Jury List. g?„ d fc aw eS-2 a 1 Astor Thomas.. . 3 2 From Bay. York Yeoman, 1 2 Borland George.. {he, to) 5 12 Brock Gentleman, 2 24 ! Waters Edward. 1 5 Brock Yeoman, 144 Witness our hands, the day and year last above written. A. B. Sheriff. K. L. J. p. M. N. J. p. {b) No. 2. (5; &c. 7.— ROLL OF PETIT JURORS To serve in Her Majesty's Superior Courts (2) of Criminal and Civil Jurisdiction. (4) No. of Lot Concession or m tf or House, Street, or Unincor- J ■ , 1 c NAMES. as in Re- porated Village or Additions. c Remdrkg. port of Se- Hamlet, as in Re- . & lectors. port of Selectors. a 1 Albion. (Township.) i ' 1 Parley Peter 16 2 Esquire, 2 Alley Simon 21 7 Yeoman, n 3 Aikins William 25 3 Yeoman, 4 Ashford Thomas 19 5 Yeoman, 3 5 Adams George 5 5 Gentleman, 1 6 Worth David 11 7 Merchant, 5 7 Barclay John 9 2 Shoemaker, 4 8 Cameron William.. 4 6 Yeoman, Excepted, 9 Daniels George 22 11 Yeoman, 6 having' 10 Small William ((fc, 1o say) 7 8 Tailor, 7 served on P. J. List- 1060 Yarrold George 2. Brock. (Township.) &c. 14 9 Baker, 288 S.C.18 , These are to certify that I have carefully compared the above Petit Ju- rors' Roll with the Reports made by the several Selectors of Jurors for the different 394 Cap. 31. Jurors and Juries. 22 Vict. different Townships, Villages and Wards in the County of York including the City of Toronto, as embraced within the same for certain judicial pur- poses, for the year one thousand eight hundred and , as such Reports remained with me as Clerk of the Peace on the fifteenth day of September of that year, and that such Petit Jurors' Roll contains a true and correct transcript of the names, description and additions of all persons so selected and reported as competent, qualified and liable to serve as Petit Jurors in Her Majesty's Superior Courts of Criminal and Civil Jurisdiction for such County. Witness my hand, this day of , 18 . E. F. Clerk of the Peace. 8.— THE PETIT JURY LIST For the Superior Courts, (2) as selected in open Court at a General Quarter Sessions of the Peace for the County, on ,the day of , 18 , being the first day of the first General Quarter Sessions of the Peace for the County lield next after the tenth day of November in the said year, by C. D., Chairman of the said Court, and E.F. the Clerk of the Peace, pursuant to the directions of the Act of Parliament of (3) .H-" CO o"«'S Concession or o --; » hH ■3 =.i^ Street, or Unincor- a "3 S NAMES O cfl "tc porated Village or Additions. c a< Remarks. . 6°S Hamlet, as in Ju "3 o o o £5 3x ^ rors' lloll. as. o d 1 Adams George. . 5 5 Albion Gentleman, 5 g Alley Simon. . . . 21 7 Albion Yeoman, 2 1 Served ac- 3 Ashford Thomas. 2 19 Albion Yeoman, 4. cordingly 4 Barelay John... . 19 8 Albion Shoemaker 7 5 Worth David 9 5 Albion Merchant, 6 6 Daniel George., (f c. to) 11 16 Albion Yeoman, 9 Attended, 18S Yarrold George. . 14 9 Albion Baker, 1060 1 but made default. These are to certify that on the day of instant, being the first day of the first General Quarter Sessions of the Peace for the County of York next after the tenth day of November in this year, (6) the foregoing Petit Jury List for the Superior Courts for this County for the year 18 , was in open Court duly selected, canvassed and trans- ferred from the Roll of Petit Jurors to serve in Her Majesty's Superior Courts of Criminal and Civil Jurisdiction for the same year, pursuant to the directions of the Act of Parliament of (3) Witness our hands, this day of , IS . C. D. Chairman. E. F. Clerk of the Peace, 9.— ♦1859. Jurors and Juries. Cap. SI. 395 9.— P ETIT JURY PANELS FOR THE SUPERIOR COURTS (2) (a) No. 1. Panel of Petit Jurors returned upon a Precept from the Honorable G. H., the Honorable J. J. &c. Her Majesty's Justices, in that behalf tested the day of , one thousand eight hundred and , for the return of forty-eight of such Jurors for the Sessions of Assize and Nisi Prius, Oyer and Terminer, and Gaol Delivery, to be held for this County, on , the day of , one thousand eight hun- dred and , as drafted on , the day of , one thousand eight hundred and , at the Office of the Clerk of the Peace in Toronto, by A. B. Esquire, Sheriff, in the presence of K. L. and M. N. Esquires, Justices of the Peace for the said County, pursuant to the directions of the Act of Parliament of (3) 1 c 01 e Lot , as i List. Concession or Street, or Unincor- J bn ea NAMES. porated Village or £ = ^ Additions. a Remarks. o i No. or Hoi Juror Hamlet, as in Jury List. r.^ i 1 Alley Simon ike. to) 21 7 Albion Yeoman, 2 48 Yarrold George. . . 14 9 Albion Baker, 288 Witness our hands, the day and year last above written. y i-. . A. B. Sheriff.' K. L. J. p. M. N . J. P. (b) No. 2, (6) &G. 10.— 396 Cap. 31. Jurors and Juries. 10.— ROLL OF PETIT JURORS 22 Vict. To serve in Her Majesty's Inferior Courts (2) of Criminal and Civil Juris- diction, (4) W ° Concession or No. -s street, or Unincor- No. on NAMES. sa porated Village Additions. on Bemarkg. •Koll. No. of Lo as in Re lectors. or Hamlet as in Report of Selec- tors. List. 1 Albton. (Township.) 1 Alford Peter. . . 16 2 Esquire, 2 Adams Simon.. 21 7 Yeoman, 2 3 Addis William. 25 3 Yeoman, 4 Ashton Thomas. 19 5 Yeoman, 3 5 Aylwin William 5 5 Gentleman, 1 € Brooks David. . 11 7 Merchant, 5 7 Burley John . . . 9 2 Shoemaker, 4 8 9 10 Catly Peter Davis George. . Gule George.. . {Sfc. to say) 4 22 7 6 11 8 Yeoman, Yeoman, Tailor, 6 7 fE.tempt, having < served on P. J. ( List,S.C.18 . 1060 Yoid George. . . 2 Brock. (Township.) 14 9 Baker, 288 These are to certify that I have carefully compared the above Petit Jurors' Roll with the Reports made by the several Selectors of Jurors for the diffe- rent Townships, Villages and Wards in the County of York, including the City of Toronto, as embraced within the same for certain judicial purposes, for the year one thousand eight hundred and , as such Reports remained with me as Clerk of the Peace, on the fifteenth day of September in that year, and that such Petit Jurors' Roll contains a true and correct transcript of the names, descriptions and additions of all persons so selected and reported as competent, qualified and liable to serve as Petit Jurors in Her Majesty's Inferior Courts of Criminal and Civil Jurisdiction for such County. Witness my hand, this day of , 18 E. F., Clerk of the Peace. 11.- 1859. Jurors and Juries. Cap. 31. 397 11.— THE PETIT JURY LIST For the Inferior Courts, (3) as selected in open Court at a General Quarter Sessions of the Peace for the County, on , the day of , one thousand eight hundred and , being the first day of the- first General Quarter Sessions of the Peace for the County held next after the tenth dayof November in thesaid year, by C. D., Chairman of the said Court, and E. F., Clerk of the Peace, pursuant to the directions of the Act of Parliament of (3) ^ 03 Oj ^ §f§ neis No. on List. NAMES. sion or s nincorpo ge or Ha Jurors' i Additions. 1 i PL, Remarks. o St) «.s c o ^-4 o d 01 'co 6 6 12; U « 1? 15 1 Aylwin William 5 5 Albion, Gentleman, 5 2 Adams Simon. . 21 7 Albion, Yeoman, 2 1 Served ac- 3 Ashton Thomas. 19 5 Albion, Yeoman, 4 cordingly. 4 Burley John . . 9 2 Albion, Shoemaker 7 5 Brooks David.. 11 7 Albion, Merchant, 6 6 Davis George.. 22 11 Albion, Yeoman, 9 Attended, 288 Yold George... 14 9 Albion, Baker, 1060 1 but made default. These are to certify that on , the day of instant, being the first day of the first General Quarter Sessions of the Peace for the County of York, next after the tenth day of November in this year, (6) the fore- going Petit Jury List for the Inferior Courts for this County for the year one thousand eight hundred and , was in open Court duly selected, canvassed and transferred from the Roll of Petit Jurors to serve in Her Majesty's Inferior Courts of Criminal and Civil Jurisdiction for the same year, pursuant to the directions of the " Upper Canada Jurors'' Act." Witness our hands, this hundred and dayof , one thousand eight C. D. Chairman. E. F. Clerk of the Peace. 12.- 398 Cap. 31.. Jurors and Juries. Vict. 12. PETIT JURY PANELS FOR THE INFERIOR COURTS. (2) {a) No. 1. Panel of Petit Jurors returned upon a Precept from S. B. H., and K. L. and M. N., Esquires, two of Her Majesty's Justices of the Peace in and for the County of York, tested the day of ,18 , for the return of forty-eight of such Jurors, for the General Quarter Ses- sions of the Peace to be held for this County, on , the day of , 18 , as drafted on the day of 18 , at the Office of the Clerk of the Peace in Toronto, by A. B., Esqmre, Sheriff, in the presence of K. L. and M. N., Esquires, Justices of the Peace for the said County, pursuant to the directions of the Act of Parliament of (3) -i > ■91 0^ >j C a p •J2 t .. 2 « q O fll g o o O _, +-1 ^ fe 3 ■^ § " aj ^ 3 ■^ o a, o 0) '5 S -Q a a.rH cs " J? cS -Si " 4) So ■^ 05 «J *^ ^ _ ti'H a U ° ID ■^ a ft H l-J M 2 a 3 .2 2-=! >>o o S t ■S d ^ 1^ si n ■a -a GQ 8 9 CAP- 1859. Witnesses and Evidence. Cap. 32. 401 CAP. XXXII. An Act respecting Witnesses and Evidence. HER Majesty,fby and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows : QUAKERS, MENONISTS AND TUNKERS MAY AFFIRM IN CASES, CIVIL OR CRIMINAL. 1. In any case, criminal or civil, in which an oath, declara- Menonistsand tion or affirmation is required by law, or upon any lawful mSt'id'to make occasion whatever on which the oath of any person is by law affirmation. admissible, a Quaker, Menonist or Tunker, or a member of the church known as the " Unitas Fratrum, " or the United Brethren, sometimes called the Moravian Church, having first made the following declaration or affirmation, viz: " I, A B., do solemnly, sincerely and truly declare and affirm that I am one of the Society called Quakers, Menonists, Tunkers or Unitas Fratrum or Moravians," {as the case may be,) may make his affirmation or declaration in the form following, that is to say ; " T, A. B., do solemnly, sincerely and truly declare and affirm, &c. ;" and such affirmation or declaration shall have the same force and effect to all intents and purposes in all Courts of law and Equity and all other places, as an oath taken in the usual form. 49 G. 3, c. 6,-10 G. 4, c. 1. S. Every person authorized or required to administer an Persons autho- oath lor any purpose, may administer such affirmation or de- f'^'^'J '° ''j'™- Claration. 49 G. 3, C. 6, SS. 1, 2, 3,-10 G. 4, C. 1,-22 V. C. may administer 100, S. 101. affirmation. COMPETENCY OF WITNESSES. 3. No person offered as a witness shall, by reason of Who maybe , , „ . . admitted ar witnesses. incapacity from crime or interest, be excluded from giving ^^^ss^g^^ evidence, either in person or by deposition, according to the practice of the Court, on the trial of any issue joined, or of any Matter or Question, or on any Inquiry arising in any Suit, Action or Proceeding, Civil or Criminal, in any Court, or before any Judge, Jury, Sheriff, Coroner, Magistrate, Officer or Person having by Law, or by consent of parties, authority to hear, receive and examine evidence. 16 V. c. 19, s. 1. 4. Every person so offered shall be admitted and be com- An interest in pellable to give Evidence on Oath, or solemn affirmation where to^d^i"''uaJ'i" ""^ an affirmation is receivable, notwithstanding that such person has or may have an interest in the matter in question or in the event of the trial of some Issue, Matter, Question or Inqidry, or of the Suit, Action or Proceeding in which he is offiered as a witness, and notwithstanding that such person so offered as a z witness, dence. 402 C^P- ^^' Witnesses and Evidence. 22 Vict. witness, had been previously convicted of a crime or offence. 16 V. c. 19, s. 1. Exception. 5^ This Act shall not render competent or authorize or permit any party to any suit or proceeding, individually named in the Record, or any Claimant or Tenant of pre- mises sought to be recovered in Ejectment, or the Landlord or other person in whose right any Defendant in replevin may make cognizance, or any person in whose immediate or indi- vidual behalf any Action may be brought or defended either wholly or in part, or the husband or wife of any such party, to be called as a witness on behalf of such party, but such party may in any Civil proceeding be called and examined as a witness in any suit or action at the instance of the opposite party ; Provided always, that the wife of the party to any suit or proceeding named in the Record, shall not be liable to be examined as a witness by or at the instance of the opposite party. 16 V. c. 19, s. 1. Copies of public Q. Whenever any book or other document is of so public a meats admS™" nature as to be admissible in evidence on its mere productioti sibie ia evi- from the proper custody, and no other Statute exists which ren- ' """" ders its contents proveable by means of a copy, a copy thereof or extract therefrom shall be admissible in evidence in any Court of Justice, or before any person having by law or by consent of parties, authority to hear, receive and examine evidence, pro- vided it be proved that it is an examined copy or extract, or that it purports to be signed and certified as a true copy or extract by the Officer to whose custody the original has been entrusted. 16 V. c. 19, s. 9. And if required, 7- Such Officer shall furnish such certified copy or extract to copies to be any person applying for the same at a reasonable time upon his paying therefor a sum, not exceeding ten cents, for every folio of one hundred words. 16 V. c. 19, s. 9. Copies thereof 8. If any Officer authorized or required by this Act, or by maybecerti- g^^y j^^^ ^j. ygage in force in Upper Canada, to furnish any certified copies or extracts, wilfully certifies any docu- ment to be a true copy or extract, knowing that the same is not a true copy or extract, he is guilty of a misdemeanor, and shall upon conviction be imprisoned for any term not ex- ceeding eighteen months. 16 V. c. 19, s. 10. PROOr OF VFILLS. In action con- 9- In any Action at Law or suit in Equity where, according cerning real to the existing law exclusive of the provisions contained in this eslate. Probate, . ^ -i u u x i i ■ • i ice.,tohepn- Act, it would be necessary to produce and prove an original m&facieev}- will in Order to establish a Devise or other testamentary dispo- £c^^e^ie7^ei- sition of or affecting real estate, the party intending to establish tain notice, jq proof such Devise or other testamentary disposition, may give 1859. Witnesses and Evidence. Cap. 32. 403 give notice to the opposite party ten days at least before the trial save -wiiere its or other proceeding in which the said proof is intended to be y»l'''"^ys ?■;»<=- , . ' ■ ^iz \ c ii. i- tising without his own name, or in that ot any other person, any action or pro- being admitted. ceeding in any Court of Law or Equity, without being ad- mitted and enrolled as aforesaid, he shall be incapable of recovering any fee, reward or disbursements on account thereof ; and such offence shall be a contempt of the Court in which such proceeding has been commenced, carried on or defended, and punishable accordingly. 20 V. c. 63, s. 17. 19. Except in case of fraud, no person admitted and en- Exceptin cases rolled shall be struck oft' the Roll on account of any defect in the of fraud, Attor- ... ,. <-,! , 1 ■ • .^1 • X ^1 /.•'.,. . ney>nottobe , Articles ot Clerkship, or in the registry thereoi, or in his service struck off Roll thereunder, or in his admission and enrolment, unless applica- jor defect mar- tion for striking him off the Roll be made within twelve months apptication next after his admission and enrolment. 20 V. c. 63, s. 18. madejn 12 ' months from ' admission. 30. Every person duly admitted, sworn and enrolled as Attorneys of an Attorney or Solicitor of any one of the Courts of Queen's one Court to be „ , _ •' _ , „ -^ „ ^, , 1 , atlmitleu At- Bench, Common Pleas or Court ot Chancery shall, upon pro- torneys of other duction of his Admission therein, or an Official Certificate of ^o""''^- such admission, and that the same still continues in force, and upon signing the Roll of the other Court, be admitted an Attorney or Solicitor of either or both of the other Courts, and any isuch Solicitor or Attorney may practise in the Court of Appeal. 20 V. c. 63, s. 20. 31. No Attorney or Solicitor shall practise in any Court of Practice prohi- Law or Equity in Upper Canada, either in his own name or by J"','^5! "^^^^ . , . ^ T •' .-1 c ii holdmg certain his partner, deputy, or agent, or m ihe name ot any other person, offices. or otherwise, directly or indirectly while he holds, possesses, practises, carries on, or conducts any of the offices of Clerk of the Ciown and Pleas of the Courts of Queen's Bench or Com- mon Pleas, or of Deputy Clerk of the Crown and Pleas of any County or Union of Counties, Registrar of the Court of Chancery and Clerk of the Court of Appeal, Clerk of a County, or Clerk of a Uivision Court, in Upper Canada ; and every such person, so practising, shall be subject to the forfeiture of such office, and shall, in addition thereto, be subject to a penalty of two thousand dollars, to be recovered in an action of debt in either of Her Majesty's Superior Courts of Common Law, to the AA use 418 Cap. 36. Atttirneys at Law. 22 Vict. Ho altorney to practise while engaged as a Merchant. use of Her Majesty ; but nothing herein contained shall extend to any Local Master or Deputy Registrar of the Court of Chan- cery. 22 y. 0. 94, s. 5,-22 V. c. 36. (1859.) S3. No Attorney or Solicitor shall practise in any of the Courts in Upper Canada during the time he is engaged in the business of a Merchant or connected by Partnership, public or private, in purchasing and vending merchandize in the way of trade as a merchant, nor until twelve months after he has ceased to be such merchant or to be so engaged or to be Con- nected as aforesaid. 20 V. c. 63, s> 22, — 2 G. 4, c. 1, s. 44. TEMPORARY PROVISIONS. Tersons entitled ®8- Every person who, on or before the tenth day of De- 10 be admitted ccmber, onc thousand eight hundred and fifty-seven, had com- issT^^specSiy' pleted his period of service according to the Laws in force on provided for. ninth June, one thousand eight hundred and fifty-seven, but has not been admitted an Attorney or Solicitor in pursuance of such service, shall, if otherwise qualified according to the require- ments of this Act, be capable of being admitted and enrolled an Altorney or Solicitor in pursuance of the provisions of this Act, in the same manner in all respects as if he had been actually bound by contract in writing, on the eleventh day of June, one thousand eight hundred and fifty-seven, and although such person had not attended during two of the Sittings of either of the said Courts in Term time as hereinbefore mentioned and required. 20 V. c. 63, s. 23. Where certain requisites can- not be complied with Law So- ciety may af- ford relief and •examine the applicant j but certificate can- not be gran- ted until the ar- licles,affidavit5, ifcc, have been left with Secre- tary of Law Society, 34. In the ease of those persons who entered into con- tracts of service prior to the first July, one thousand eight hundred and fifty-eight, if by reason of the expiration of the period of any such contract during any Term of the Superior Courts of Common Law, it be impossible for an applicant for examination and admission to comply with the requisites of this Act, in respect to the leaving of the contract of service and any assignment thereof, together with the affidavit of due execution thereof, and of due service thereunder, with the Secretary of the Law Society of Upper Canada, fourteen days next before the first day of such Term, the Law Society, upon satisfactory proof that the day of expiration of such con- tract of service has not arrived, but will arrive previously to the last Thursday in the then present Term in which such applicant seeks admission, and upon being satisfied that all other requi- sites of this Act have been complied with, may proceed to the examination of such applicant notwithstanding his term of service has not been completed ; but no certificate of due ser- vice, fitness and capacity shall be issued by the Law Society under the provisions of this Act, until the said contract of ser- vice and affidavits, and all other documents required by this Act, have been left with the Secretary of the Law Society. 32 V. c. 94, s. L 95. 1869. Attorneys at Law. Cap. 35. 4 [9 55. The Judges of the Courts of Queen's Bench, Common Judges of Su-, Pleas and Chancery may, from time to time, make such Rules fo'^ak^'mies or Regulations, other than the Rules and Regulations herein- &c. ' before referred to, as to them may seem necessary and meet for carrying out the provisions of this Act. 20 V. c. 63, s. 25. 56. The following fees shall be payable under this Act, Feespayabie that is to say : 20 V. c. 63, s. 24. "'"^^' ^^^ ^'=*- 1. To Clerk of the Crown and Pleas — On filing Articles and Assignments ;^if any) and every affidavit of execution of such Articles, and making the endorsement required by the Act- Fifty cents ; 2. To the Law Society of Upper Canada — On leaving Articles and Assignments thereof, Affidavits of Execution and Service and Certificates, for inspection, and enquiry as to due service previous to examination for admission — Two dollars ; 3. To the Law Society of Upper Canada — For the examination and certificate of fitness and capacity, and of compliance with the requisites of the Act — Forty dollars ; 4. To the Clerk of the Court whence Fiat issues — For Fiat for admission and oath, and on signing the Roll^ — One dollar ; 5. To the Clerk of the Court whence Fiat issues — For Certifi- cate — Two dollars ; 6. To the Clerk of the Court on admission upon Certificate of admission of any other Court — For signing the Roll and Certi- ficate of admission — Two dollars. attorneys' costs. 37. No Suit at Law or Equity shall be brought for the re- Attorneys to covery of fees, charges or disbursements, for business done by bui ml^e montii any Attorney or Solicitor as such, until one month after a Bill before bringing thereof, subscribed with the proper hand of such Attorney or *''"°" '"'' '"'^''' Solicitor, his Executor, Administrator or Assignee, (or, in the case of a partnership, by one of ihe partners, either with his own name, oV with the name or style of such partnership,) has been delivered to the party to be charged therewith, or sent by the Post to or left for him at his counting-house, office of business, dwelling-house, or last known place of abode, or been enclosed in or accompanied by a letter subscribed in like manner, referring to such Bill. 16 V. c. 175, s. 20. 28. Upon the application of the party chargeable by such Party charge- Bill within such month, any of the Superior Courts of Law ,or ^'^}ft™xJdanj° (Equity, or any Judge thereof, or any Judge of a County Court what steps to shall, without any money being brought into Court, refer the ^^ '*''^* *>/ AA 2 Bill, 420 ^^P- ^^- Attorneys at Law. 22 Vict. him for that Bill, and the demand thereon, to be taxed by the proper ofScer purpose. of any of the Courts in which any of the business charged for in such Bill was done ; and tlje Court or Judge making such re- ference shall restrain the bringing any Suit for such demand pending the preference. Court or Judgp '' 39. In case no application be made within the month, tolTe^dferiS" then the Court or Judge upon the application of either party may on application order a reference with such directions and conditions as he may of either parly, jeem proper ; and may upon such terms as may be thought just restrain any suit for such demand pending the reference. No reference to 30. No such reference shall be directed upon application p^J^j'l^^ °" *P' made by the party chargeable with such Bill after' a verdict party charge- has been obtained or a Writ of Inquiry executed, or after twelve dict^o*' aftCT^ia nionths from the time such Bill was delivered, sent or left as months irom aforesaid, except under Special circumstances, to be proved to delivery ot Bill. t]^g satisfaction of the Court or Judge to whom the application for the reference is made. If parties refuse SI. In case either party to any such reference, having due cer'^mTy tax*" noticc, lefuscs Or ueglects to attend the taxation, the officer to Bill ex parte, whom the reference is made, may tax the Bill ex parte ; and in case the reference is made upon the application of either party and the party chargeable with the Bill attends the taxation, the costs of the reference shall be paid according to the event of the taxation, except that if a sixth part be taxed off", the costs shall be paid by the party by whom or on whose behalf, such Bill was delivered; and if less than a sixth part be taxed off, theti by the party chargeable with such Bill, if he applied for or attended the taxation. Order of refer- 39. Every order for such reference shall direct the Officer ence to direct to whom the reference is made, to tax the costs of the reference, Oflicer 10 tax ... ' , , , n i i costs of refcren- and to Certify what, upon Ihe reference, he finds to be wha'i:hl°flnds''^ due to or from either party in respect of such Bill and of the dueontax- costs'of the reference, if payable, atioii. ' < Officer may 33. Such Officer may certify specially any circumstances MrtiL?tc?a!.d relating to such Bill or taxation, and the Court or Judge hiay Court or Judge thereupon itiake such Order as may be deemed right respecting ment'oSs^' ^^^ payment of the costs of the taxation. of taxation. Court or Judge 34. In case such reference be made when the same is not dniiKciiom' authorized, except under special circumstances as hereinbefore reiativctocosts provided, the Court or Judge in making the same may give of reference, ^^y special dfrections relative to the costs of the reference. Where no bui 35. Where no Bill has been delivered, sent or left as aforesaid, whJrT&iMf ^"'^ where such Bill if delivered, sent or left, might have been delivered, ' referred as aforesaid, any such Court or Judge may order the might have ' (ielivery of a Bill, and may also order the delivery up of Deeds or 1^59. Attorneys at Law. , Cap. 35. ^21 or papers in the possession, custody or power of the Attorney been referred, or Solicitor, his Assignee or representatives, in the same manner maTorfe^de?^ as has heretofore been done in cases where any such business livery up of had been transacted in the Court in which such Order was ^"P^"^- made. 36. In proving a compliance with this Act, it shall not be JSiot necessary necessary in the first instance to prove the contents of the Bill jJJ ^^f instance delivered, sent or left, but it shall be sufficient to prove that a Bin to prove Bill of fees, charges or disbursements subscribed in the manner contents of Bill aforesaid, or enclosed in or accompanied by such letter as aforesaid, was delivered, sent or left in manner aforesaid ; but the other party may shew that the Bill so delivered, sent or left, was not such a Bill as constituted a bond fide compliance with this Act. ST. Any Judge of the Superior Courts of Law or Equity, or The Judges a County Judge, on proof to his satisfaction that there is pro- ("oYsfo'r°^s^r bable cause for believing that the parly chargeable is about toquit within one Upper Canada, may authorize an Attorney or Solicitor to com- ^arture'from mence an action for the recovery of his fees, charges or disbur- u. c.be appre- sements against the party chargeable therewith, although one ^"'^^' month has not expired since the delivery of a Bill as aforesaid. 16 V. c. 175, s. 20. S8. When any person not being chargeable as the principal When a party party is liable to pay or has paid any Bill either to the Attorney prindpaf pays or Solicitor, his Assignee, or representative, or to the principal a Bill pf costs, party entitled thereto, the party so paying, his Assignee or re- ba'aUowed™"^ presentative, may make the like application for a reference there- atlerwards. of to taxation and in like manner as the parly chargeable there- with might himself have made, and the same proceedings shall be had thereupon, as if such application had been made by the party so chargeable 39. In case such application is made when, mider the pro- When special visions hereinbefore contained a reference is not authorized to be may"te conli- made except under special circumstances, the Court or Judge to dered. whom the application is made, may take into consideration any additional special circumstances applicable to the person making it, although such circumstances might not be applicable to the party chargeable with the Bill, if he was the party making the application. 16 V. c. 175, s. 21. 40. For the purpose of any such reference upon the applica- ^J"^^f^^'^^J tion of the person not being the party chargeable, or of a party u very of a copy interested as aforesaid, such Court or Judge may order the o* 'be BiU. Attorney or Solicitor, his Assignee or representative, to deliver to the party making the application a copy of the Bill, upon payment of the costs of the copy. 16 V. c. 175, s. 22. 41. 422 C^P- 35. Attorneys at Law. 22 Vicr When a Bill 41. No Bill previously taxed shall be again referred, nnless- referred^'^'^ Under the special circumstances, the Court or Judge to whom. the application is made thinks fit to direct a retaxation thereof. 16 V. e. 175, s. 22. Payment not to 43, The payment of any such Bill as aforesaid shall in no. tiOTifa*ppifed case preclude the Court or Judge to whom application may be for within a made from referring such Bill for taxation, if the appliea^ ''*"■ tion be made within twelve months after payment, and if the special circumstances of the case in the opinion of such Court or Judge appear to require the same, upon the terms- and subject to the directions which to the Court or Judge seem right. 16 V. c. 175, s. 23. AtaxingOffi- 43. In all cases in which a Bill is referred to be taxed,. iheSsistanl^'of ''^^ Officer to whom the reference is made, may request the the officer of proper Officer of any other Court, to assist him in taxing any Court ''^"^ part of such Bill, and such Officer, so requested, shall thereupon tax the same, and shall have the same powers, and may re- ceive the same fees in respect thereof, as upon a reference tO' him by the Court of which he is such Officer, and he shall return the fiiJl, with his opinion ihereon, to the Officer who so re- quests him to tax the same. 16 V. c. 175, s. 24. Howappiica- 44. All applications made to refer any Bill to be taxed, AttOTnfra"to be °^ ^°'' ^'^"^ delivery of a Bill, or for the delivering up of intituled. Deeds, documents and papers, shall be made " in the matter of such Attorney or Solicitor ;" and upon the taxation of any such Bill, the certificate of the Officer by whom the Bill is taxed shall (unless set aside or altered by order of a Judge, Decree or Rule of Court,) be final and conclusive as to the amount thereof", and payment of the amount certified to be due and directed to be paid may be enforced according to the course of the Court in which the reference has been made. 16 V. c. 175, s. 25. PROVISIONS FOR RAISING FUNDS FOR SALARIES OF REPORTERS. PRACTITIONERS TO TAKE OUT CERTIFICATES. The Law So- 45. In order to provide for the Salaries of the Reporters in iovlZZTot ^^® Superior Courts, the Benchers of the Law Society of Upper Keporiersby Canada may, by any Rule made by them with the appro- bTAttorneys"' Nation of the Visitors thereof, one of the Judges of each of the' Superior Courts of Law and of Equity being one, appoint Sum to be paid a sum not exceeding five dollars, in respect of each of the by Attonieys said Courts of Queen's Bench, Common Pleas and Chancery, to« annually' fo^ ^c annually paid to the Treasurer of the said Society by every certificates to practising Attorney and Solicitor of any of the said Courts, and practi»e. j^ ^^^^ ~^ persons being Solicitors of the Court of Chancery and also Attorneys of both the said Common I^aw Courts, the ' Benchers may appoint one sum to be annually paid by every such Practitioner. 18 V. c. 128, s. 8. CERTIFICATES- 1859. Attorneys at Law. Cap. 35. 42S CERTIFICATES HOW ISSUED. 46. Attorneys' and Solicitors' Certificates to practise shall secretary to be issued by the Secretary of the Society. 18 V. c. 128, s. 9. issue the cer- tificates. 47. The Secretary of the said Law Society shall be annually to be furnished; furnished with such Certificates (in blank) by the respective to him in blank Clerks of the Crown and Pleas, and the Registrar in Chancery, {ife'crown"'^ 18 V. c. 128, s. 9. 48. No such Certificate shall be issued to any Attorney or cerH'ieates not. Solicitor, being at the time a Member of the Society, who at to be issued till the lime of payment of his Certificate fee is indebted to the Lid*" ^^ Society for any Term Fee, or other fee or due payable to the Society, until all such last mentioned fees and dues have been paid to the Treasurer. 18 V. c. 128, s. 9. WHEN FEES TO BE PAID. 49. Every'practising Attorney and Solicitor shall annually. Certificates fee» in Michaelmas Terra, pay to the Treasurer, the Certificate fees ^^ ^n P^'^j??' appointed by the Society, and thereupon the Secretary shall chaeimas deliver to him one or more Certificates of his being such Atlor- Term- ney or Solicitor. 18 V. c. 128, s. 10. LISTS OF PRACTITIONERS TO BE FURNISHED, &C. 5©. The Clerks of the Crown and Pleas respectively, and the Copy to be de- Registrar in Chancery, shall annually,during the vacation after |!™iary^n vac- Trinity Term, deliver to the Secretary or at his office in ation after Osf^oode Hall, certified undertheir respective hands and the Seals Trinity Term, of the said Courts respectively, a Copy of so much of the Roll of Attorneys and Solicitors of their respective Courts, as con- tains the names of those admitted to practise therein subse- quently to the last return by such Clerks or Registrar respecti- vely made to the said Secretary. 18 V. c. 128, s. 11. 51. The Secretary shall enter all such Certified Copies in a Secretary to Book to be kept in his office for that purpose, affixing to each co[IiIs''of'RoTi name a number following in consecutive order the numbers m a Book, affixe^d to the names previously entered in such book. 18 V. c. 128, s. 12. WHAT TO BE DONE IF AN ATTORNEY OR SOLICITOR BE STRUCK OFF THE ROLL. 52. Whenever any Attorney or Solicitor is struck ofTthe Roll When Attor- of any of the said Courts, the Clerk of the Crown or Registrar of J),7g," fj^''^^ such Court shall certify the same under his hand and the seal of roIi, cierk to the Court to the Secretary of the Society, stating whether 'ertify same such Attorney or Soliciior was struck off at his own request " '^"'^^'Y- or otherwise, and the Secretary shall attach such certificate to 424 Cap. 35. Attorneys at Law. 22 Vict. to the certified copy of the Roll on which the name of such person stands, and shall in the book to be by him kept as afore- said, make a note opposite the name of such person, of his having been struck off" such Roll. 18 V. c. 128, s. 13. CLERKS TO FUKNISH BLANK CEBTIFICATES. , ■Clerks to fur- nish blank Attorneys' ■certificates to Secretary. 53. Each of the Clerks of the Crown and Pleas, and the Regis- trar in Chancery, shall annually, during the Vacation of Trinity Term furnish the Secretary as many blank Attorney's and Soli- citor's certificates, (dated ol the last day of such Vacation) as there were Attorneys or Solicitors standing on the Rolls of such Courts respectively on the last day of that Term. 18 V. c. 128, s. 14. Secretary to note date of issue on mar- gin. Secretary to enter in Book alphabetical list of names on the Rolls, and annually on or before 1st Fe- bruary put up in his ofRcCj and in the office of Clerks of the Crown, alpha- betical list of certified At- torneys. 54. The Secretary shall, in the margin of every certificate issued by him, note under his hand the day of its issue, and shall at the commencement of every new year, destroy all blank certificates of the previous year then remaining unissued. 18 V. c. 128, s. 15. 55. The Secretary shall, in a second book to be kept in his office for that purpose, enter all the names contained in the copies of Rolls so transmitted to him, alphabetically arrang- ed, with a reference to the numbers of each name on the Roll or Rolls on which the same stands ; and shall, annu- ally on or before the first day of February, put up in his office and also in the offices of each of the Clerks of the CroNvn and Pleas and Registrar in Chancery, an alphabetical list cprtified' by him, under his hand, of all Attorneys and Solicitors who have taken out their certificates for the then current year, and shall, from time to time, add to the list, put up in his own office the name of each Attorney or Solicitor who takes out a certificate at a subsequent period of the year, noting thereon the time when such certificate was taken out. 18 V. c. 128, s. 16. EXTRA FEES OF CERTIFICATES NOT TAKEN OUT IN DUE TIME. If certificates not taken out in term, sums by way of pe- nalty to be paid. 56. If any Attorney or Solicitor omits taking out such annual certificate within the time aforesaid, he shall not be entitled thereto mitil he pays to the Treasurer, not only the certificate fee so appointed as aforesaid, together with any fees or dues that he, if a Member of the said Society, owes the Society, but also the additional sum by way of penalty, in respect of each of such Courts, as follows : 1. If such certificate be not taken out until, after the last day of Hilary Term, the further sum of two dollars ; 2. If not until after the last day of Easter Term, the further sum of three dollars ; and 1859. Attorneys at Law. Cap. 35, 36. 425 3. If not until after the last day of Trinity Term, the fur- ther sum of four dollars. 18 V. c. 128, s. 17. PENALTY FOR PRACTISING WITHOUT A CERTIFICATE. 57. If any Attorney or Solicitor practises in any of the said Attorneys, &c., Courts of Queen's Bench, Chancery, or Common Pleas, P^?J-t'*'ns respectively, without such certificate, he shall forfeit the sum tXateto for- of forty dollars, which forfeiture shall be paid to the Treasurer ''^'^ ®^°- of the Law Society for the uses thereof, and may be recovered in either of the said Courts of Common Law. 18 V, c. 128, s. 18. 58. No Attorney or Solicitor, admitted as aforesaid, is re- Certificate need quired to take out any such certificate until the Michaelmas "ult^n Michael- Term next following his admission. 18 V. c. 128, s. ,19. mas Term next after adinis- 59^ Each of the Clerks and Deputy Clerks of the Crown cTe'rksofCom-ts and Pleas and the Registrar and Deputy Registrars of the Court and Deputies at of Chancery, shall, at the commencement of each year, make out ''^?h"'eaf to a list of the names of every Attorney and Solicitor who by the make^out'iist papers or proceedings filed or had in their respective offices &c^^^hoTavc appears to have practised as such Attorney or Solicitor at any practised dur- time during the preceding year ending with the thirty-first day '"sthepre- !• r> 1- -to -tr ?r,r^ nn •' •' vious year. of December. 18 V. c. 128, s. 20. 6®. Such Clerks, Deputy Clerks, Registrar and Deputy Re- And deliver the gistrars respectively shall, on or before the first day of Hilary same to the Term in the year next to that for which they are made up, de- ""^ ^^' liver or hand such lists to the Secretary at Osgoode Hall, certified under their respective hands and seals. 18 V. c. 128, s. 20. CAP. XXXVI. An Act respecting Reporters in the Superior Courts. HER Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows : HOW APPOINTED. 1. The Benchers of the Law Society in Convocation may, by Keporters to be Instruments under the Corporate Seal, appoint fit and proper appointed by persons (being Members of the Society of the degree of Barris- f" ?he's*odety ter at Law,) to be Reporters, one for the Court of Queen's Bench, 'o"" 'te faithful one for the Court of Chancery, and one for the Court of Common their diftfes. Pleas, who shall be amenable to the Society in Convocation for the correct and faithful discharge of their respective duties, and be subject to such rules for the discharge of their duties, includ- ingthe publishing of their Reports, asthe Society in Convocation, with the approbation of the Visitors thereof, think fit to make. 18 V. c. 128, s. 2. SALARIES. 42G Cap. 36. Reporters in' the Superior Covrts. 22 Vict. SALARIKS. Salaries of Re- porters not to exceed $600 per year. 2. The Salary of each of the Reporters shall not exceed the sum of six hundred dollars per annum, and may be fixed at, or varied within that amount, as the Society in Con- vocation, with such iapprobation as aforesaid may, from time to time, think just. 18 V. c. 128, s. 7. APPOINTMENT AND REMOVAL OF TO BE APPROVED BY THE JUDGES. Reporters not removeable without the assent of the judges. 3. No Reporter shall be appointed or removed without the assentof the Judges of the particular Coartto which the Repor- ter is proposed to be or has been appointed, signified lo the Society in writing under the hands of such judges lipoiii report made to them By the Society in Convocation, of the pro- posed appointment or removal of such person. 18 V. c. 128, s. 2. ; WHAT JUDGMENTS ARE TO BE REPORTED. Decisions whe- ther written or oral lo be re- ported. 4. Each respective Reporter shall report not only such decisions of the Court to which he is Reporter as may be delivered in writing, but also the substance of such of the oral decisions thereof as are of general importance, and shall with- out delay cause such reports to be fairly entered in a book, and submit the same for the inspection of the Judges ol such Court ; which reports, after due Examination and Correction, shall be signed by such Judges respectively, or such of them as are not prevented by absence or sickness from signing the same. IS V. c. 128, s. 3. Law Society may require Reporters to report the de- cision in Prac- tice Court and in Chambers. Society may require judg- ments of the Court of Ap- peal to be re- ported. 5. The Benchers of the Society in Convocation may, by Rules made w^itb such approbation as aforesaid, require the Reporters of the Common Law Courts jointly orseparately to report the de- cisions of the several Judges of such Courts, when sitting in the Practice Court, or at Chambef-s, and may thereby dfrect the manner in which such reports shall be made, entered and submitted for the correction and approval of the individual Judges who pronounce the same, and be afterwards published. 18 V. c. 128, s. 4. 6. The Benchers may also in like manner require the three Re- porters, or any two of them jointly, or any one ol them separately,, to report the decisions of the Court of Error and Appeal, or re- quire each of such Reporters separately to report such of the- decisions thereof as are pronounced therein on any Writs, Peti- tions or other proceeding of Error or Appeal from the particular Court below, of which he is Reporter, and may also direct the manner in which the reports of such last mentioned decisions shall be made, entered, and submitted for correction and ap- proval, arid afterwards published. 18 V. c. 128, s. 5,-20 V. c. 5, ss. 20, 21. WHEUC 1859. Reporters in the Superior Courts. Cap. 36, St. 427 WHEN THE REPORTS SHALL BE PUBLISHED. 7. The Reporters may, and whenever thereto required by the When the Benchers of the Society in Convocation, shall publish such re- "'"PyS^^ ^ ports, or a digest thereof, in such manner as the Benchers, by ^" ** any general Rules made and approved as aforesaid, direct; and Profits lobe- the profits to arise from the publication of such reports shall ^^o'r'ter''^ belong to each of such Reporters respectively. 18 V. c. \28, '^°^^'' s. 6. CAP. XXXVII. An Act respecting the Appointment of Local Crown Attorneys. HER Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows : 1. In every County in Upper Canada, there shall be a Local County At- Crown Attorney for the County, to aid in the Local Adminis- •o''"«^y/<"' . .. PT- 1 cii-ii. . every County. tration ot Justice, and to perform the duties by this or any other Act assigned to County Attorneys. 20 V. c. 59, ss. 1, 5. No. 9. 2. The Governor shall appoint a County Attorney for e^ch Governor to County in Upper Canada, to hold office during pleasure, and "PP"'"'. fe- upon the death, resignation or removal of a County Attorney, ' shall supply the vacancy. 20 V. c. 59, s. 3. 3. No person shall be appointed a County Attorney, or shall who qualified act in that capacity, who is not a Barrister at Law of not less to be appointed. than three years' standing at the Upper Canada Bar, and a re- sident in thQ County for which he is appointed ; But any per- son now holding the Office of Clerk of the Peace, who is a Barrister at Law, may be appointed to the Office of County Attorney for the County of which he is Clerk of the Peace. 20 V. c. 69, s. 2. 4. No County Attorney shall, by himself or partner in busi- Neither Coun- ness, act or be directly or indirectly concerned as Counsel or ty Attorney nor . ., ■- fl • i • ^ J. L his partner to Attorney lor any prisoner or party, in respect to any charge detend persons against such prisoner or party, of treason, felony or other offence charged with punishable under the criminal Law of this Province. 20 V. c. ees"'" 69, s. 4. CAP 428 Cap. 38. Office of Sheriff . CAP. XXXVIII. 22 Vict. An Act respecting the Office of Sheriff ~ER Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows : QUALIFICATIONS . 1. No person shall be appointed Sheriff of any County un- less — Quaiificatinn 1. He is possessed of real estate in Upper Canada of the for office of actual value of three thousand dollars above incumbrances ; ^'""'- 3 W. 4, c. 8, s. 8. Qualification how verified. 2. Nor unless, before receiving his Commission, he makes an affidavit to that effect sworn in open session before the Chairman of the Quarter Sessions of the County ; 3 W. 4, c. 8, s. 8. SECURITIES. Boad to lue :given. Covenant with .sureties to be given. Bond and Co- venant to be deposited in the office of the Minister of Finance. Covenant to be also deposited in office of Clerk of the Peace. 3. Nor until he has given a Bond to Her Majesty, Her Heirs and Successors, in the penal sum of Four Thousand dollars, together with two sureties in Two thousand dollars each, to be approved of by the Minister of Finance, with a condition that the intended Sheriff will well and faithfully account for and pay over all the moneys he receives for Her Majesty ; and such Bond and Condition shall be in the form A, or to the like effect ; 3 W. 4, c. 8, ss. 2, 4, 7. 4. Nor until he, and two or four sufficient sureties, enter into a joint and several Covenant in Duplicate in the form B, or to the like effect, and such sureties shall not be ac- cepted as sufficient unless the Court of General Quarter Ses- sions of the Peace for the County for which the appointment is to be made, ascertain and determine, and the Chairman thereof certifies under his hand and seal, that the Court are satisfied that each respective person therein named is worth the full amount for which he is required to become surety ; 3 W. 4, c. 8, ss. 3, 7. 5. Nor until such Bond and one of such Duplicate Covenants, together with the Affidavit of Qualification and the Certificate of the Chairman of the Quarter Sessions hereinbefore required, have been deposited in the office of the Minister of Finance, and the other of such Duplicate Covenants has been filed in the Office of the Clerk of the Peace of the County, for which filing such Clerk shall be entitled to a fee of fifty cents ; but in case a person has 1859. Office of Sheriff. ■ Cap. 38. 429 has been appointed Sheriff of a Junior County, about to be se- parated from a Union of Counties, under the Act for the regu- lation of Municipal Institutions in Upper Canada, he shall have six months after the dissolution of the Union to make the affidavit of Qualification, and to give the Securities required by Law, and if he makes default, his office shall, after the expiration pf such six months, become vacant. 3 W. 4, c. 8, s. 4,- -12 V. c. 78, s. 17. 3. Any person may examinethe Covenant of the Sheriff and Any person his sureties, and the Clerk in possession thereof shall, on demand, Sl^y.^^'^'"'"^ J ,. ' u J • ^u .1 r Sherifi's Cove- deliver to any person, who desires the same, a copy thereof, on nant on pay- payment of the following fees : ment of certain 11 , lees. % cts. For Search and Examination of Covenant ■ 25 For Copy of Covenant 1 00 3 W. 4, c. 8, s. 5. 3. The Covenant entered into shall specify the following Covenant to sums as the extent to which the parties thereto shall be severally sjjmffn which considered as covenanting to afford indemnity, that is to say : the Shenfland sureties oove- The Sheriff four thousand dollars ; Two Sureties two thou- indemnity. sand dollars eq,ch, or four Sureties one thousand dollars each ; 3 W. 4, c. 8, ss. 2, 8, 20, 21. And such Covenants shall be available to and may be sued upon jsTature of the by any person suffering damages by the default or wilful mis- li^^wiity of the conduct of the Sheriff, and such Sureties shall be liable to indemnify the parties to any legal proceeding against any omission or default of the Sheriff in not paying over moneys received by him, and against any damages sustained by any such party in consequence of the Sheriff's wilful or negligent misconduct in his office, and the Sheriff shall be joined in any action to be brought on iuch Covenant. 3 W. 4, c. 8. s. 21. ■ 4:. Except as hereinafter mentioned, the person so suing, or Actions on any other person, notwithstanding such suit, may bring an ac- Sherifl's Cove- tion upon the same Covenant for any other default or mis- charge stibse- feasance, and such action shall not be barred by reason of any quent actions prior recovery, or of any judgment for the Defendant rendered nant for other in a former action, or of any other action being depending upon causes. the same Covenant for any distinct cause of action. 3 W. 4, c. 8, s. 12. 5. In case any of the Sureties has paid or become liable Any surety under his Covenant or Bond to pay an amount equal to the fu^ulo'^unt of^ sum for which he became Surety, the Bond or Covenant shall his liability as to him be deemed discharged and satisfied as to any claim rhar<'ed''and thereon beyond such payment or liability ; and the Sheriff si.erTfTs'hall shall, within four months after such discharge, give anew f,™r"urety.°" such >ecurities as are required by this Act ; but if the amount 430 Cap. 38. Ofice of Sheriff. 22 Vict. In case of the deal h, absence or insolvency o( any surety, new sureties to be given. amount which such Surety has paid or has become liable to pay as aforesaid, be not equal to the full amount for which he became Security, the Court, after deducting from such full amount the sums which he has so paid or bee ome liable to pay, shall render judgment against him for any sum not exceed- ing the balance of the sum for which he became Surety. i 3 W. 4, c. 8, ss. 13, 14. , 6. In case proof be made, by affidavit or otherwise to the Court of General Quarter Sessions of the Peace for the County, that any of the Sureties in any such Bond or Covenant has died or become resident out of Upper Canada, or become insolvent, or that the Covenant has been discharged as aforesaid, the said Court shall give notice thereof to the Sheriff, and the Sheriff shall, within four months after such notice has been given, give anew the like Bond or Covenant (as the case may be), as hereinbefore required, and the Sheriff shall in all other respects observe the same formalities in furnishing Securities, giving notice of death, bankruptcy, insolvency or removal from Upper Canada of any of his Sureties, and in registering and depositing his Bond and Securities as other persons, and shall be liable to all the penalties and forfeitures mentioned in the Act of this Pro- vince to regulate the 3 W. 4, c. 8, ss. 9, 15,-4, givmg of Securities by 5, V. c. 91, s. 6. Public Officers. Sureties ap- frehending nsolvency of the Sheriff' may notify the Go- vernor, in which case new sureties may be re- quired. 7. In case during the period for which any Covenant required by this Act has been given, any one of the Sureties apprehends that the Sheriff has become insolvent, or has not property to the amgunt ol three thousand dollars over and above all incumbrances and debts, and transmits to the Governor an affidavit to that effect made by him and sworn before a Com- missioner for taking affidavits in one of the Superior Courts of Common Law, the Secretary of the Province shall thereupon officially notify such Sheriff that he must forthwith furnish new Security in the manner pointed out by this Act, or on affidavit deny that he is insolvent, or allege that he is worth the sum of three thousand dollars over and above all incumbrances and debts, and if the Sheriff does not comply with such requisition within one month next after the sitting of the Court of Quarter Sessions next ensuing such notification, he shall for that cause be removed from office. 3 W. 4, c. 8, s. 10. New sureties 8. In Case any new Surety be given, either at the end of the I'd difcharg"e"°' Stated period or by way of substitution for any other Surety prior defaults, within the period, the former Surety shall only be discharged as to defaults or misfeasances suffered or committed after the perfecting of the new Security, and not as to any previous de- faults or misfeasances. 3 W. 4, c. 8, s. 11. Executions ®- Upon any Writ of Execution under a judgment reco- againstShe- vered on such Covenant, the Plaintiff or his Attorney shall, by 'wrefej'oTe ^n indorsement on the writ, direct the Coroner to levy the amount 1859. Office of Sheriff. Cap. 38. 43 1 amount thereof upon the goods and chattels of the Sheriff in the first ievi»d on first place, and in default of goods and chattels of the Sheriff to i'^" S'^®"'''- satisfy the amount, then to levy the same, or the residue thereof, of the goods and chattels of the other Defendants in such writ, and so in like manner with any writ against the lands and tenements upon a judgment on any such Covenant. 3 W. 4, c. 8, s. 16. 10. Notwithstanding the Sheriff of a County may have forfeit- Any sheriff ed his office and become liable to be removed therefrom, by reason *'°j;'eiting iiis of hisnot having complied with the provisions of this Act, he shall tinue'in office nevertheless continue in his office to all intents and purposes, ''"successor 11 I'lM- ci' ii- 1 /■!• • ill • appointed. and the liability ot himself and 01 his sureties shall remain until a new Sheriff has been appointed and sworn in his stead. 3 W. 4, c. 8, s. 22. 11. No Sheriff or Deputy Sheriff shall directly or indirectly Sheriffs or keep a shop, or trade, traffic, sell, or expose for sale any goods, Sade'^\hop'° wares or merchandize either by wholesale or retail, or maintain keepers or pur- any action for the price of any goods so sold, excepting always goUb/th'^i such as by the duties of his office he is legally commanded or under execu- erapowred to sell ; and no Sheriff], Deputy Sheriff, Bailiff or "™' Constable shall directly or indirectly purchase any goods or chattels by him exposed to sale under any execution. 2 G. 4, c. 1, s. 21,-51 G. 3, c. 6, s. 3. 13. Every Sheriff shall each day, except Sunday, Christmas Office hours at day,. Good Friday and the Birth day of the Sovereign, keep his ^^^"^'^ °*"«- Office open from ten o'clock in the forenoon until four o'clock in the afternoon, and during all that time he, his Deputy, or some Clerk competent to do business for him, shall be present to transact the business of the Office. 16 V. c. 175, s. 14. 13. Every Sheriff shall execute and return before the Judge Sheriffto return or Judges assigned to hold the Assizes, or to execute any Com- Pff^^f? ^"^ ^ 111 .#-~i r*' 1 T\T • T-k • r attend J udges mission or to hold any Court 01 Assize and msi Fnus, or ol at the Assizes. Oyer and Terminer and Gaol Delivery in his County, all precepts and writs of NhiPrius and other Jury process delivered to him or his Deputy, and. such. Sheriff shall give his attendance upon such Judge or Judges as well for the returning of such '^ tales de circumstantibus''^ as may be prayed for the trial of issues, as for the maintenance of good order in fler Majesty's Courts and for ,the doing and executing of all other things to the office of Sheriff in such case belonging. 2 G. 4, c. 1, s. 31. 14. In case a Sheriff dies, the Under Sheriff, or Deputy Upon deaiii of Sheriff.by him appointed, shall nevertheless continue the office cmuTy'to'^coii. of Sheriffvand execute the same, and all things belonging there- tinue to exe- unto, in the name ol such deceased Sheriff, until another Sheriff h^g namruntii has been appointed and sworn into office ; and the said Under appointment of Sheriff or Deputy Sneriff shall be answerable for the execution of the said office, in all respects, and to all intents and purposes successor. 432 Cap. 38. Office of Sheriff. 22 Vict. purposes whatsoever, during such interval, as the Sheriff so deceased would by law have been if he had been living ; and the security given to the Sheriff so deceased by the said Under Sheriff and his pledges, shall remain, and be a security to the the office in the Queen, Her Heirs and Successors, and to all persons whatso- ever, for such Under Sherifl's due performance of his office dur- ing such interval. 3 W. 4, c. 8, s. 33. Deputy and sureties to be responsible for execution of Sheriffs to transmit quar- terly accounts to Minister of Finance. Penalty upon neglect/ Forms. SHERIFrS TO MAKE RETURN OF FINES LEVIED. 15. Every Sherifi' shall, quarterly, and within twenty days after the expiration of each quarterly period, transmit to the Minister of Finance of the Province a just, true and faithful ac- count, to be verified upon oath, of all fines, penalties and for- feitures, which he has been required and commanded to levy and make by any lawful authority, and of the receipt and ap- plication of the same, or of the reason why the same have not been received and applied, and each Sheriff shall pay over to the proper Officer or person lawfully entitled to receive the same, the several sums collected by him as aforesaid, within twenty days next after the expiration of the period within which the same has been collected ; and every Sheriff negleqting or refusing to transmit such quarterly account, or to pay over any such sum or sums of money so collected by him within the period hereby prescribed, shall incur and be subject to the like penalty, and may be sued for the same in the same manner as is provided and declared with regard to Justices of the Peace neglecting or refusing to make the returns required by the Act respecting the return of Convictions and Fines by Justices of the Peace, and of fines levied by Sherifi's. 4, 5 V. c. 12, s. 8. 16. The following are the forms referred to in the foregoing sections of this Act : A. See s. 1, No. 3. Know all men by these presents, that we, A. B., of the County of , Esquire, [if about to be appointed Sheriff., or) Sheriff' of County of , (if already in the ojice of Sheriff,) C.B.., of , in the County of , Esquire, and E.F., of , in ti.e County of , Esquire, are held and firmly bound to Our Sove- reign Lady the Queen, Her Heirs and Successors, in the several sums following, that is to say : The said A. B., in the sum of four thousand dollars ; the said C. D., in the sum of two thou- sand dollars ; and the said E. F., in the sum of two thousand dollars : to be paid to Our Sovereign Lady the Queen, Her Heirs and Successors ; for which payments to be well andtrulv made, we bind ourselves severally and respectively, and each of us, his heirs, executors and administrators, firmly by these presents, sealed with our seals, and dated this day of , in the year of our Lord The red ; A. B. C. D. E. F. [L. S.] L. S. L. S/ See s. 1, No. 4. 1859. Office of Sheriff. Cap. 38. 433' The condition of this obligation is such, that if the above boun- den A. B., his executors or administrators, shall well and faith- fully account for and pay over to Her Majesty's Receiver-General of this Province, or to such person as rnay be authorized to receive the same, all such sum and sums of money as he shall receive as Sheriff of the County of , (or as such Sheriff, as the case may be,) as aforesaid, for Our said Lady the Queen, Her Heirs or Successors, from the date of this obligation until the day of , in the year of our Lord , then this obliga- tion to be void, otherwise to remain in full force and virtue. Signed, sealed and delivered in presence of B. Know all men by these presents, that we, A. B., of , in the County of . , Esquire, (if about to be appointed Sheriff, {or) Sheriff of the County of , (if already in the office of Sheriff,) C D., of , in the County of , Esquire, and E. F., of , in the County of , Esquire, {when four sureties are given, the names of the other two to be inserted in like manner,) do hereby jointly and severally, for ourselves, and for each of our heirs, executors and administrators, covenant and pro- mise, that A. B., as Sheriff of the County of , shall well and duly pay over to the person or persons entitled to the same, all such moneys as he shall receive by virtue of his said office of Sheriff, from the date of this covenant to the expiration of four years thence next ensuing, and that neither he nor his Deputy shall, within that period, wilfully misconduct himself in his said office, to the damage of any person being a party in any legal proceeding ; nevertheless, it is hereby declared, that no greater sum shall be recovered under this covenant, against the several parties hereto, than as follows, that is to say : Against the said A. B., in the whole $ Against the said CD., $ Against the said E. F., $ (If other sureties, add them in like manner.) In witness whereof, we have to these presents set our hands and seals, this day of , in the year of our Lord, A. B. [L. S. C. D. [L. S. E. F. [L. S. Signed, sealed and delivered, in the presence of BB CAP 434 ^^P- 39. Commissioners to take Affidavits, SfC. 22 Vict CAP. XXXIX. An Act respecting the appointment of Commissioners to take Affidavits and Bail. HER Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows : TO TAKE AFFIDAVITS AND AFFIRMATIONS. The Judges of ^- The Chief JusticeandJusticesoftheCourtofQueen'sBench, the Superior or any two of them, of whom the Chief Justice shall be one, and appo'nt"com- the Chief Justice and Justices of the Court of Common Pleas, or missioneis for any two of them, of whom the Chief Justice thereof shall be taunsai a- Q^e, or in the event of the death or absence from the Province of the Chief Justice of either of said Courts respectively, then the remaining Justices of the Court of which the Chief Justice has died or is absent, may, by one or more commission or commissions under the seal of said Courts respectively, from time to time empower such and so many persons as they think fit and necessary in the several Counties within Upper Canada, or within Lower Canada, to take and receive all and every such affidavits and affirmations (in cases where by law an affirmation is allowed) as any person or persons desire to make in or concerning any cause, matter or thing depending, or in any wise concerning any of the proceedings-in the said respective Courts. 2 G. 4, c. 1, s. 39, — 12 V. c. 77, ss. 1, 3,— 2 V. c. 2,-12 V. c. 63, s. 48. Tobcofthc 2. The affidavits and affirmations aforesaid shall be of the same force as same foice as if taken in open Court, and shall be filed in Court™ "^ °'"^" the office of the Court in which the same are taken, and may be read and made use of in the said Court as other affidavits or affirmations taken in such Court, and any person wilfully forswearing himself in any affidavit or making false affirma- tion before any of the said Commissioners, shall be liable to the same pains and penalties as if such affidavits or affirmations had been made in open Court. TO TAKE BAIL. The Judges 3. The Said Chief Justices and Justices of the said Superior raay^aiso ap- Courts respectively, may from time to time in manner aforesaid sfonersfOT™'* appoint the Same or other persons to be Commissioners in the taking bail. several Counties in Upper Canada, to take and receive all and ' every such recognizance or recognizances of Bail as any person orpersons may at any timedesire to acknowledge or make in any action or suit depending in either of the said Courts, in such man- ner and form and by such recognizance of Bail as the Justices of the said Courts may take, which recognizance or recognizances of 1859. Commissioners to take Affidavits, Sfc. Cap. 39. 435 of Bail or Bail piece so taken as aforesaid shall be filed in the Office of the Clerk or Deputy Clerk of the Crown in the County in which the same has been taken, together with an affidavit of the due taking of the recognizance by some credible person present at the taking thereof. 2 G. 4, c. 1, s. 40. 4. The recognizance so taken and filed shall be of the like Bail so taken effect and subject to exception as to the Bail, in like manner ""^y ^e except- and within the same time as if taken in open Court. 2 G. 4, ^'^ '°' c. 1, s. 40. 5. Any Judge of either of said Courts may take the acknow- Any of the ledgment of Bail in any civil suit, which recognizance shall Juflses may be filed as aforesaid without oath, and shall be of the like effect '^''^ ''''''• as if taken in open Court. 2 G. 4, c. 1, s. 42. ®. Each Commissioner appointed for taking Recognizances Commission- of Bail as aforesaid, may in like manner take the same in u''':,™*'',?^^® either of the said Superior Courts and in the County Courts. 8 courts V. c. 13, s. 20,-12 V. c. 63, s. 48. 7. The Judges and Clerks of the several County Courts The Judges respectively, may take all affidavits and affirmations and all ^^'^^^'^^°^ Recognizances of Bail required to be taken in their respective may take atH- Courts. 8 V. c. 13, s. 20,-16 V. c. 177, s. 33. ?a^its= and 8. Each Commissioner appointed for taking affidavits and The Commis- afiirmations in Upper Canada as aforesaid, may take affidavits goners of one and affirmations in either of the said Superior Courts, whether take affidavits the Court for which he was appointed, or not, and in the j^ all other Court of Chancery and in all the County and Division Courts. 16 V. c. 119, s. 16,-16 V. c. 177', s. 33,-20 V. c. 56, s. 19. ®. The Commissioners for taking Affidavits in the Court of including Chancery may administer oaths and take Affidavits in the Commission- Courts of Queen's Bench and Common Pleas, and County chancery. Courts. 20 V. c. 56, s. 19.— See ante Chap. 12, s. 13. 1®. Every Commissioner for taking xVffidavits appointed by Each Commis- either of the said Superior Courts of Common Law or by the oSFrfaU^"^ Court of Chancery, shall be deemed to be an Officer of all the the Courts, said Courts. 20 V. c. 56, s. 19. 11. Any of the last mentioned Courts may revoke the Com- Either of the mission of any such Commissioner, whether the Commission ;SJJay'rCTok?the was issued by such Court, or by one of the other Courts, and Commission of such revocation shall be notified to the other Courts, and shall sione^™"™'^" operate as a revocation in regard to all the Courts and for all purposes. 20 V. c. 56, s. 19. 2. 436 Cap. 40. Medical Board and Medical Practitioners, 22 Vict. 2. THE MEDICAL PROFESSION. The Governor may appoint a Medical Board. C AP . XL. An Act respecting the Medical Board and Medical Practitioners. HER Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows : 1. The Governor may constitute and appoint, under His Hand and Seal at Arms, five or more persons legally authorized to practise Physic, Surgery or Midwifery, in Upper Canada^ to be a Board, whereof any three shall be a quorum, to hear and examine all persons who desire to apply for a License to practise Physic, Surgery and Midwifery, or either of them, within Upper Canada. 59 G. 3, c. 13, s. 2, (1st Session.) 3. The Board, or a majority of the members composing the same, shall appoint from time to time a fit and proper person to be Secretary of the Board. 59 G. 3, c. 2, s. 2, (2nd Session.) 3. The Secretary shall attend the meetings of the Board, and keep a record of the proceedings of the same in a book or books to be by him provided for that purpose, together with all such matters and things as to the Board appertains. 59 G. 3, c. 2, s. 2, (2nd Session.) Boardto sit 4. The Board shall meet and be held in the City of Toronto, four times a four times in each year, viz : on the first Monday in January, ceSins o*n^" April, July and October, respectively, and may be continued weelcatatime. by adjournment from day to day until the business before the Board be finished ; but no quarterly sitting shall be so conti- nued by adjournment beyond the Saturday of the week in which The Board may appoint a Secretary. His duties. the sitting commences. 59 G. 3, c. 2, s. 3, (2nd Session.) Notice of ap- plication. Certificates of the Board. lijcense. 5. Every person desirous of being examined by the Board, touching his qualifications for the practice of Physic, Surgery and Midwifery, or either of them, shall give due notice thereof to the Secretary of the Board in writing, setting forth the branch or branches of medical practice he wishes to be examined in. 69 G. 3, c. 2, s. 4, (2nd Session.) 6. If the Board be satisfied by such examination, that the person is duly qualified to practise Physic, Surgery and Mid- wifery, or either, they shall certify the same under the hands and seals of two or more of such Board. 69 G. 3, c. 13, s. 2. 7. If the Governor be satisfied of the loyalty, integrity and good morals of the applicant, he may, on receipt of such certi- ficate, under His Hand and Seal at Arms grant a license to the applicant 1859. Medical Board and Medical Practitioners. Cap. 40. 437 applicant to practise Physic, Surgery and Midwifery, or either, ■conformable to such Certificate. 59 G. 3, c. 13, s. 2 (1st Session.) 8. Upon the application of any person exhibiting a diploma What other or license as Physician or Surgeon, from any University in Her J^ifientiaies Majesty's dominions, or from the Royal College of Physicians ^mho'nzedio or of Surgeons in London, or a commission or warrant as Physi- practise physic, clan or Surgeon in Her Majesty's Naval or Military Services, wlry^anr''' and producing an affidavit made before any Judge of any ^'P™ "^^^^ County Court in Upper Canada, stating that he is the person ITiion.^'^"^^^' named in such diploma, license, commission or warrant, the Governor may grant to such applicant a license to practise Physic, Surgery and Midwifery in Upper Canada. 8 G. 4, ■c. 3, s. 2. 9. Such affidavit shall be left by the applicant, and remain in Where affidavit the Office of the Provincial Secretary. 8 G. 4, c. 3, s. 3. to be left. 10. Any person duly licensed or authorized to practise as a May practise Physician, or as a Surgeon, or as both, either in Upper Canada j^ereV"' or in Lower Canada, may practise in any part of this Province, for the purpose or purposes for which he might without this Act have practised in one of the aforesaid portions of this Province ; but subject to the Laws to which other Practitioners are subject Subject to the in the portion of this Province in which he practises. 4, 5 V. portion'i'n^ •C. 4 1 . which they so practise. 1 1. Any person, while employed on actual service in Her Ma- Certain me- iestv's Naval or Military Service, as Physician or Surgeon, may '"'^^' officers ■ -ni • r> -nT' n •!• • tt /-i i ™3y Practise practise Physic, Surgery or Midwiiery, in Upper Canada, without license. without any license. 8 G. 4, c. 3, s. 5. 13. Except Homoeop ithists duly authorized by Law, it shall General pro- . not be lawful for any person, not being licensed as aforesaid, or h'bitipnto 1 • . ic 1- 11 i-in n' practise with not having been heretoiore licensed by any medical board, or out the proper not beino; actually employed as a Physician or Surgeon in Her au"i""ty- Majesty's Naval or Military Service, to practise Physic, Sur- gery or Midwifery, in Upper Canada, for hire, gain, or hope of reward. 8 G. 4, c. 3, s. 6. 13. Nothing in this Act contained shall prevent any female Femaiesmay from practising Midwifery in Upper Canada, or require such ^'ffery!""'"^" female to take out a license. 8 G. 4, c. 3, s. 6. 14:. If any person not licensed, or authorized as aforesaid. Practising -or not being actually employed as a Physician or Surgeon in rity^dedared'a Her Majesty's Naval or Military Service, practises Physic, Sur- misdemeanor. gery or Midwifery, for hire, gain or hope of reward, he shall be guilty of a misdemeanor, and may be prosecuted and punished accordingly. 8 G. 4, c. 3, s. 7. 15. Upon the trial of any person charged with such inisde- Proof of au- meanor, the burthen of proof as to the license or right of the 'ji;^''^Jf^'^3°'' person 488 Cap. 40, 41. Medical Boardand Medical Practitioners. 22 Vict. iiimitalion of prosecution — one year. person tried, to practise Physic, Surgery or Midwifery, in Upper Canada, shall lie upon the Defendant. 8 G. 4, c. 3, s. 7. 16. No prosecution shall be commenced for such misde- meanor after one year from the offence committed. 8 G. 4, c. 3. s. 7 I Fine and im- prisonment limited. Fees. 1 7. No person convicted of such misdemeanor shall be sen- tenced therefor to a longer period of imprisonment than six months, or to a greater fine than the sum of one hundred dollars. 8. G. 4, c. 3, s. 7. 18. The following fees may be taken under this Act, and shall be paid by the applicant or licentiate, as the case may be. 59 G. 3, c. 13, s. 4, (1st Session,)— S G. 4, c. 3, s. 8. SCHEDULE. 1. To the Board for certificate to practise 14 2. To the Private Secretary of the Governor for every license granted 4 3. To the County Court Judge for administering affidavit, verifying diploma, &c 4. To the Secretary of the Board. " " 1. For every notice of intention to apply to the Board for exa- mination 2 " " " 2. For every Certi- ficate of the Board 2 cts. 00 00 50. 00^ 00 Preamble. First Board of Examiners appointed. CAP. XLI. An Act respecting Homoeopathy. XTT" HEREAS the system of Medicine called HomcBopathy is- VT much approved and extensively practised in many countries of Europe, in the United States and also in Canada ; And whereas it is expedient to extend to duly qualified practi- tioners of this system privileges similar to those enjoyed by licentiates of medicine under the laws in force in this Pro- vince : Therefore, Her Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows : 1 . Until other persons be appointed, as hereinafter provided,. Duncan Campbell, of the City of Toronto, M. D., Joseph J. Lancaster, of the Town of Gait, M. D., Alexander Thomp- son Bull, of the City of London, M. D., William A. Green- leaf, of the City of Hamilton, M. D., and John Hall, of the City 1859. Hommopathy. Cap. 41. 439 City of Toronto, M. D., shall be a Board (of whom three shall be a quorum) to examine all persons who may desire to obtain a license to practise medicine, according to the doctrines and teachings of Homoeopathy, within this Province. S. The Board may appoint a Secretary and Treasurer, who Secretary and shall attend all the meetings, and keep a record of all the ^''««^"'''^'"- proceedings of the Board, in a book to be provided for the purpose. 3. The Board shall hold two meetings in the City of To- Meetings of ronto in each year, viz : on the first Tuesday in January and "'® '^°="'''- July respectively, which may be continued by adjournment from day to day until the business before the Board be finished, but no session shall exceed one week. 4. The Secretary may at any time, on the requisition of two Extraordinary members of the Board, call an extraordinary meeting of the meetings. Board for the purpose of examining candidates, and for the transaction of such other business as may come before it. 5. Every person who desires to be examined by the said Notice by per- Board, touching his qualifications to practise Physic, Surgery *°'jf wishing and Midwifery, or either of them, according to the doctrines ed i^andThat and teachings of Homoeopathy, shall give at least one month's '' '""^' ■■''®'^- notice in writing to the Secretary of the Board ; and must show that he is not less than twenty-one years of age, that he has followed medical study uninterruptedly for not less than four years under the care of one or more duly qualified Medi- cal Practitioners, and that he has attended at some University or Incorporated School of Medicine not less than two six months' courses of Anatomy, Physiology, Surgery, Theory and Practice of Medicine, Midwifery, Chemistry, Materia Medica and The- rapeutics, respectively, and not less than one six months' course of Clinical Medicine and Medical Jurisprudence respectively. 6. If the Board be satisfied by such examination that the Certificate to person is duly qualified to practise either or all the said branches ""^ gfante"^- of Medicine, as they are understood and practised by Homoeo- pathists, they shall certify the same under the hands and seals of two or more of such Board. 7. The Governor, on the receipt of such certificate, may, if License on satisfied of the loyalty, integrity and good morals of the ap- such certificate. plicant, grant to him a license to practise Physic, Surgery and Midwifery, or either of them, in Upper Canada, conformably to the certificate. 8. The Governor may, without any special certificate, grant Licenses to the Provincial License to practise to such of the above named ^f^ol^i° members of the Board as have not yet obtained it. 9. 440 Cap. 41, 42. Himceopathy. 22 Vict. Board may 9. The Board shall have power to make By-laws for the re- make By-laws. guJation of its own affairs, which, however, shall not take effect until they have been published in the Canada Gazette. Order of re- tirement of Members. Elections to supply vaean- 10. At the meeting in July, one thousand eight hundred and sixty, the Board shall determine by lot which three of its mem- bers shall retire, and shall immediately publish their names in one of the Toronto newspapers, and such retiring members shall then only hold office until their successors be appointed ; and the other members of the Board shall vacate their seats (if successors be appointed) from and after the meeting in January, one thousand eight hundred and sixty-two. 11. The Practitioners licensed under this Act and resident in this Province may meet at Toronto, on any day during the January session of the Board in one thousand eight hun- dred and sixty-one, and on any day during such January session in each year thereafter, and may at such meeting elect, by a majority of votes, either two or three fit and proper persons to be members of the said Board in the place of the retiring members (who shall be eligible for re-election,) and the members so elected shall hold office for two years only, or until successors be elected as aforesaid. Statutes 15 & 17 G. 3, res- pecting: small notes, not in orce here. TITLE 6 . TRADE AND COMMERCE. 1. COMMEKCIAI, LAW. CAP. XLII. An Act respecting Bills of Exchange and Promissory- Notes. HER Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows : 1. The Act of the Parliament of Great Britain, passed in the fifteenth year of the reign of King George the Third, intituled, An Act to restrain the negotiation of Promissory Notes and in- land Bills of Exchange, under a limited sum, within that part of Great Britain called England, and the Act of the Parliament of Great Britain, passed in the seventeenth year of His said Majesty's reign, intituled, An Act for further restraining the negotiation of Promissori/ Notes and inland Bills of Exchange, under a limited sum, vnthin that part of Great Britain called England, being inapplicable to Upper Canada, shall not extend to 1859. Bills of Exchange and Promissory Notes. Cap. 42. 44 ^ to or be in force therein, nor shall the said Acts make void any Bills, Notes, Drafts or Orders, which have been or may be made or uttered therein. 2 G. 4, c. 12, s. 1. S. No person, or body corporate shall make or issue any no notes to be note or undertaking printed, siamped or impressed in the whole issued for less or in part from a plate or engraving for the payment of money """ ""^ ''°"" for an amount less than one dollar. 3 V. c. 4^ s. I. 3. In case any person since the tenth day of February, one when maker thousand eight hundred and forty, hasmade orissued, or after this ''^^'e '° "'eble Act takes eiiect makes or issues any such note or undertaking noUfoTiels'''^ for the payment of money for an amount less than one dollar, ihan one dollar. the person who has so made or issued or who makes or issues any such note or undertaking, shall be liable to pay to the holder of such note or undertaking treble the amount for which the same has been or may be hereafter made, to be reco- vered by action in any Division Court in Upper Canada. 3 V. 0. 4, s. 1, and see s. 2. 4. Nothing contained in this Act shall authorize any per- This Act not to son or body corporate, to issue any note or undertaking for the authorize the . t ,1 ,.,-;,. . . ,a issue of notes payment oi money, by law prohibited from issuing the satne. otherwise pro- 3 V. C. 4, S. 3. bibiled. 5. In case any person accepts a bill of exchange, pay- when accept- able at a Bank, or at any other particular place, without further ances, &e., not expression in his acceptance, or makes a promissory note pay- payabk^'^at a "^ able at a bank, or at any particular place without further ex- particular place pression in that respect, such acceptance and such promise shall considered be deemed and taken to he a general acceptance and a general general. promise respectively. 7 W. 4, c. 5, s. 1. 6. But if the acceptor expresses in his acceptance that if" the words he accepts the bill payable at a Bank, or at any other par- w^JeOT^eise-^'" ticular place only and not otherwise or elsewhere ; or if the where/' be maker of a promissory note expresses in the body of the note be spe'ciau" "* that he promises to pay at a Bank, or at any other particular place only and not otherwise or elsewhere, then such accept- ance or promise shall be deemed and taken to be a qua- lified acceptance or promise ; and the acceptor or maker shall not be liable to pay the bill or note, except in default of payment when such payment has been first duly demanded at such Bank or other place. 7 W. 4, c. 5, s. 1. T. No acceptance of any bill of exchange shall be sufli- Acceptances of cient to bind or charge any person, unless such acceptance is in ^/'^i™i'n'/"' writing on the bill, or if there be more than one part to such bill, then on one of the said parts. 7 W. 4, c. 6, s. . 2, — 12 V. c. 22, s. 4. 442 Cap. 42. Bills of Exchange and Promissory Notes 22 Vict- Bills and notes not afleeted by ijsury, in the hands of lon& fide holders for value and with- out notice. 8. No bill of exchange or promissory note, although given for a usurious consideration, or upon a tisurious contract, shall be void in the hands of an endorsee, (or if a note transferable by de- livery, in the hands of a person who acquired the same as bearer,) for valuable consideration, unless such endorsee or bearer had, at the time of discounting or paying such consideration for the same, actual knowledge that such bill of exchange or promissory nole was originally given for a usurious consideration or upon a usurious contract. 7 W 4, c. 5, s. 3,-12 V. c. 22, s. 23,-16 V. c. 80. Rate oi dama- ges on disho- nored foreign bills. tf drawn in Eu- rope or West Indies. 9. The Rate of Damages to be allowed and paid upon the usual protest for non-payment of Bills of Exchange drawn, sold or negotiated within Upper Canada, and although the same may not have been drawn on or by any person residing therein, shall. in the following cases. be as follows : 12 V. c. 76, s. 1. 1. If the Bill has been drawn upon any person at any place in Europe or in the West Indies, or in any part of Ame- rica not within, this Province or any other British North American Colony, and not within the Territory of the United States, ten per cant, upon the principal siim specified in the Bill ; 12 V. c. 76, s. 1. On other B.J^. 2. If the Bill has been drawn upon any person in any of A. Colonies. ^he Other British North American Colonies, or in the United States, four per cent, upon the principal sum specified in the Bill. 12 V. c. 76, s. 1. Interest to be 10. In each of such last mentioned cases, the Bill shall also allowed. |-,g subject to six per centum per annum of interest on the amount for which the Bill was drawn, to be reckoned from the day of the date of the protest to the time of repayment, and such aggregate amount, together with the expenses of noting, and protesting and the postages, shall be paid to the holder at the cur- rent rate of Exchange of the day when the protest for non- payment is produced and repayment demanded, that is to say: By whom pay- the holder of any such Bill returned under protest for non- of exchM^e"^ payment, may demand and recover from the drawer or endorsers, so much current money of this Province as shall then be equal to the purchase of another Bill of the like amount, drawn on the same place, at the same date or sight, together with the damages and interest above mentioned, as also the expenses of noting and protesting the Bill, and all other charges and postages incurred thereon. 12 V. c. 76, s. 1. Damages and interest allowed in certain cases upon dishonor- ed notes. 11. In case any promissory note payable only at some place in the United States of America, or in some one of the British North American Colonies not being Canada, and not other- wise or elsewhere, be made or negotiated within Upper Canada, and be protested for non-payment, the holder shall, in addition to the principal sum mentioned in the nole, recover damages at the rate 1859. Bills of ExrMnge and Promissory Notes. Cap. 42. 443, rate of four per cent, upon such principal sum, and also interest thereon at ihe rate of six per centum per annum, to be reckoned from the day of the date of the protest, and such aggregate amount, together with the expenses of protesting the note, and all charges and postages incurred thereon, shall be paid to the holder at the current rate of exchange of the day when the protest is produced and repayment demanded, that is to say, — the holder of any such note returned under protest, may demand and recover from the maker or endor- sers thereof so much current money of this Province as shall then be equal to the purchase of a Bill of Exchange of the like amount drawn on the same place at the same dale or sight, together with the damages and interest above mentioned, and also the expense of protesting the note, and all charges and postages incurred thereon. 12 V. c. 76, s. 2. 12. When the holder of a protested bill or note returned for How rate of non-payment notifies the drawer, maker or endorser of the dis- f'^changeto be honour thereof in person, or delivers notice thereof in writing to a ''^"'^ ^'""^ ' grown up person at his or their counting house or dwelling house, and they disagree about the then rate of Exchange for Commer- cial Bills, the holder and the drawer, makeror endorser so notified, or any of them, may apply to the President or in his absence to the Secretary of any Board of Trade or Chamber of Commerce in the City or Town, in which the holder of such protested bill or note, or his Agent, resides, or in the City or Town nearest to the residence of such Holder or Agent, and obtain from such President or Secretary a certificate in writing under his hand, stating the said rate of exchange, and the rate stated in such certificate shall be final and conclusive as to the then rate of exchange, and shall regulate the sum to be paid accordingly. 12 V. c. 76, s. 3. 13. All Bills, Drafts or Orders drawn by persons in Upper Ca- inland biUs ami nada, on persons in this Province, and all Promissory Notes made '^°l^^^°^ ^^^^ or negotiated in Upper Canada, if protested for non-payment, shall be subject to interest from the date of the protest, or if interest be therein expressed as payable from a particular period, then from such period to the time of payment ; and in case of protest, the expense of rioting and protesting, and the postages thereby incurred, shall be allowed and paid to the holder, over and above the said interest. 12 V. c. 76, s. 4. 14. In an action brought to recover the amount of any Bill, Damages to be Draft, Order or Promissory Note, and the damages and fho°noTspe- interest, the expenses of noting and protesting, and all other dally declared charges and postages incurred thereon, specified and men- '"''■ tioned in the preceding sections of this Act, it shall not- be necessary to declare specially for such damages, interest, expenses and charges, but the same shall be allowed to the Plaintiff at any trial, assessment or reference, as if the same had been specially declared for. 12 V. c. 76, s. 6. 444 Cap. 42. Bills of Exchange and Promissory Notes. 22 Vict. Protest may be 15. All Protests of Inland or Foreign Bills of Exchange or .^^onyyj'^''^ "'^ promissory Notes, for dishonour, either by non-acceplance or non-payment, may be made on the day of such dishonour, at any time after non-acceptance, or in case of non-payment, at any time after the hour of three o'clock in the afternoon. 14, 15 V. c. 94, s. 1. How notice of 16. A Notice of such Protest shall be sent to each of the slrv?d"°''* parties to the Bill or Note, and such Notice shall be deemed to have been duly served, for all purposes, upon the party to whom the same is addressed, by being deposited in the Post Office nearest to the place of making presentment of such Bill or Note, at any time during the day whereon such Pro- test has been made, or the next juridical day then following. 14, 15 V. c. 94, s. 2. Non-juridical 1 7. The Undermentioned days shall, for the purposes of this days. y^Q^^ be deemed to be non-juridical days, videlicet : Sunday, Christmas-day, Good Friday, Easter Monday, Ash Wednes- day, any day set apart by Royal Proclamation for Fasting or Thanksgiving, the Birthday of the Reigning Sovereign, and the First day of January. 14, 15 V. c. 94, s. 2,-13, 14 V. c. 23, s. 3.— And See 12 V. c. 22. All other days 1 8 AH Other days shall be deemed and taken to be juridical ^, be juridical jays. 14, 15 V. c. 94, s. 2. Bills and notes 19. No Bill of Exchange shall be presented for acceptance s°entS o^no^- OH any non-juridical day. M, 15 V. c. 94, s. 3. juridical days. When bills or 20. All Bills of Exchange and Promissory Notes, whereof preSnTe^after the third day of grace falls upon any non-juridical day, shall the third day of become d ue and payable, and be presented for payment upon ^^'^®' the juridical day next after such third day of grace. 14, 15 V. c. 94, s. 3,-18 V. c. 10, s. 1. Form of protest 91 . Every such Protest and Notice may be according to the =and notice. orms following, or to the like effect : f " On this day of , in the year of our Lord, " one thousand eight hundred and , at the request " of , holder of the Bill of Exchange hereunto an- " nexed, f, , a Notary Public for Upper Canada, " by Royal Authority duly appointed, did exhibit the said Bill " unto , at , being the place where the " same is payable, and speaking to Am, did demand payment " of the said Bill ; to which demand he answered " ; Wherefore, I, the said Notary, at the request '' aforesaid, have protested, and do hereby solemnly protest, as " well against all the parties to the said Bill, as against all other " persons whom it may concern, for all interest, damages, costs, " charges, expenses and other losses suffered or to be suffered for " want 1859. Bills of Exchange and Promissory Notes. Cap. 42. 445 " want of payment of the said Bill. And afterwards, on the day " and year mentioned in the margin, I, the said Notary Public, " did serve due Notice, according to law, of the said Present- " ment. Non-payment and Protest of the said Bill, upon the se- " veral parties thereto, by depositing, in Her Majesty's Post *' Office at , being the nearest Post Office to the " place of the said Presentment, Letters containing such Notices, " one of which Letters was addressed to each of the said parties, " severally ; the superscription and address of which Letters are " respectively copied below, as follows, that is to say : {Here insert the directions of the letters.) " In testimony whereof, I have hereunto set my Hand and " affixed my Seal of Office, the day and year first above " written. {Signature) L. S. FORM OF NOTICE TO PARTIES. « To Mr. {date.) " Sir, ii " Take notice that a Bill of Exchange, dated on the day of , for the sum of ^ (or £ ) , drawn by , " on and accepted by , payable (three months) after the " date thereof, at the Bank of , in {Toronto,) and endorsed " by A. B. C. D. E. F., &c., was this day presented by me for " payment at the said Bank, and that payment thereof was re- " fused, and that , the holder of the said Bill, looks to •' you for payment thereof. Also, take notice that the same Bill " was this day protested by me for non-payment. " Your obedient servant, " A. H., " Notary Public." ITie above forms may be changed to suit Protests for non-acceptance or non-pay- ment of Bills, or non-payment of Notes. 14, 15 V. c. 94, s. 4. 32. The fees to be taken by Notaries Public for the ser- Notary's feesr Tices mentioned in this Act, shall be such as follows, and no more, Videlicet : $ cts. For the Protest of any Bill or Note 50 For every Notice 25 14, 15 V. c. 94, s. 5. 33. 446 Cap. 43. BUls of Exchange and Promissory Notes. 22 Vict. All parties to a 33. The holder of any Bill of Exchange or Promissory Note, bej^ned^'one "^^Y' instead of bringing separate suits against the drawers, action. makers, endorsers and acceptors of such Bill or Note, include all or any of the parties thereto in one action, and proceed to judgment and execution in the same manner as though all the Defendants were joint contractors. 6 W. 4, c. 1, s. 2, — 13, 14 V. c. 59. Defendants may plead se- parately. Judgment may be rendered against one or more. 54. Jn any such action, any joint drawer, maker, endorser or acceptor, may plead in abatement the non-joinder of any other joint drawer, maker, endorser or acceptor, in the same manner as though this Act had not been passed ; but no judgment to be rendered in pursuance of this Act shall be of any effect against a party not served with process. 5 W. 4, c. 1, s. 3. 55. In any such action, judgment may be rendered for the Plaintiff against some one or more of the Defendants, and also in favourof someone ormore of the Defendants against the Plaintiff, according as the rights and liabilities of the respective parties may appear, either upon confession, default, by pleading, or on trial ; and when judgment is rendered in favour of any Defen- dant, he shall recover costs against the Plaintiff in the same manner as though judgment had been rendered for all the De- fendants. 5 W. 4, c. 1, s. 5. Rights of par- ties between themselves not to be affected. When defen- dants in such suits may be witnesses. When execu- tions of deceas- ed defendants may be sued. If one or more of several defendants absent. S©. The rights and responsibilities of the several parties to any such Bill or Note, as between each other, shall remain the same as though this Act had not been passed, saving only the rights of the Plaintiff, so far as they may have been determined by the judgment. 5 W. 4, c. 1, s. 8. 27. In every such suit any Defendant shall be entitled to the testimony of any co-defendant as a witness, in case the Defen- dant or Defendants calling the witness would have been entitled to his testimony had such co-defendant not been a party to the suit, or individually named in the Record. 5 W. 4, c. 1, s. 9. ^8. In case an action be brought against more than one Defen- dant under this Act, "who must otherwise have been sued sepa- rately, and it happens that any Defendant dies pending the suit, an action may nevertheless be brought against the executors or administratorsof such deceased Defendant. 6 W. 4, c. 1, s. 11 S®. When several Defendants are included in one process, under this Act, and any of them cannot be sei-ved therewith by reason of absence from or concealment within Upper Ca- nada, then the action may proceed as against the other Defen- dant or Defendants without prejudice ; and the Plaintiff may afterwards sue the Defendant separately who has not been served with process, and may recover costs as if this Act had not been passed. 6 W. 4, c. l,s. 13. 30. 1859. Bills of Exchange and Promissory Nolvs. Cap. 42, 447 30. In case any of the parties to a Bill of Exchange, When parties Promissory Note or other written Instrument, are designated f'snins 'heir 1 • 1 ^1 • ■^. 1 1 ^ 1 • ° r. , initials may be therein by the initial letter or letters, or some contraction of the proceeded Christian or first name or names, they maybe designated in ?ga'ns"'y ™'^'^ the same manner in an affidavit to support an application for a Judge's order to hold to bail, and in any process or declara- tion, made, sued out, or filed against them upon or in res- pect of such Bill, Note or Instrument. 7 W. 4, c. 3, s. 9. SI. The Plaintiff in any joint action against the drawers, Forms of de- makers, endorsers and acceptors, or any of them, of any Bill of ''■''"no- Exchange or Promissory Note, may, unless otherwise provided by rule of Court, declare in the forms numbered one and two upon such Bill or Note, varying the same according to the circumstances of the case. 3 V. c. 8, s. 2. 8S. In such action, any person sued may set-off against the Defendants may Plaintiff any payment, claim or demand, whether joint or plead set-oir. several, which in its nature and circumstances arises out of or is connected with the Bill or Promissory Note, that forms the subject of such joint action, or the consideration thereof, in the same manner and to the same extent as though such Defendant had been separately sued ; and if the jury, after allowing any demand as a set-off, still find a balance in favour of the Plaintiff, they shall state in the verdict the amount which they allow to each Defendant as a set-off against the Plaintiff's de- mand. 3 V. c. 8, s. 3. S3. In case any action be founded upon a lost Bill of Ex- When the loss change, or other negotiable Instrument, then upon an in- ^ofa^JmissMe^ demnity to the satisfaction of the Court or a Judge, or of any as a defence. officer of the Court to whom such indemnity is referred, being given to the Defendant against the claim s of any other person upon him in respect of such Instrument, the Court or a Judge may order that such loss shall not be set up as a defence in such action. 19 V. c. 43, s. 292. §4. The provisions of the Common Law Procedure Act and The Common all rules of Court made under or by virtue thereof, shall, so \^"^ Proce- nnrp Apt to t^v\^ far as the same are or maybe made applicable, extend and piy to proceed - apply to all proceedings to be had or taken under the twenty- ings under 23rd third and following sections of this Act, and the powers con- sections of this ferred on the Judges by that Act are hereby extended to the -Act. making from time to time of all rules and new forms of . pro- ceedingsnecessaryforgiving effect to this Act. 20 V. c. 57, s. 31. S5. In case several suits be brought on one Bond, Re- ifseverai suits cognizance or other instrument against the different parties to aga^nst"sepn- the same, or on one Promissory Note or Bill of Exchange, or rate parties, against the maker, drawer, acceptor or indorser of such Note or bursements Bill respectively, there shall be collected or received from the oniyrecover- Defendant the costs taxed in one suit only, at the election of one case'^'" '" the 448 C^P- ^2- Si^ls of Exchange and Promissory Notes. 22 Vict. the Plaintiff, and in the other suits the actual disbursements only shall be collected or received from the Defendant ; but this provision shall not extend to any interlocutory costs in any of such suits. 5 W. 4, e. 1, s. 1. See Common Law hroct' dure Act, chapter 22, s. 329, p. 255. Forms. 36. The following forms are those referred to in the fore- going Sections of this Act : 1. — On a Promissory Note. — See s. 31. For that whereas the said , {the maker of the Note,) on the day of , at , made his Promissory Note in writing, and thereby promised , [setting forth the Note in the usual manner,) and the said , {the first, second or other endorsers^ duly endorsed the same, and the said , {the last endorser) delivered the said Note, so endorsed, to the Plaintiff, (aver presentment, notice, &c., where by law necessary in particular case.) By rea- son whereof the said , {all the Defendants) became jointly and severally liable to pay to the Plaintiff the said sum of money in the said Note specified. {Add the usual breach.) 3 V. c. 8 Schedule. 2. — On a Bill of Exchange. — See s. 31. For that whereas the said ,{the drawer^ on the day of , at , drew his certain Bill of Exchange in writing directed to , {setting forth the Bill according to its tenor and effect,) and the said , {the drawee) duly accepted the same, and the said , {the first and other endorsers^ afterwards duly endorsed the bciid Bill of exchange, and the said , {the last en- dorser,) delivered the said Bill, so endorsed, to the said Plain- tiff, (aver presentment, protest, notice, Sac, where by law necessa- ry in the particular case.) By reason whereof the said , {all the Defendants) became jointly and severally liable to pay to the said Plaintiff the said sum of money in the said Bill specified. {Add the usual breach.) 3 V. c. 8 Schedule. CAP 18S9- Interest. Cap. 43. 445 CAP. XLIII. An Act respecting Interest. HER Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows : 1 . Interest shall be payable in all cases in which it is now pay- interest may able by law, or in which it has been usual for a Jury to allow it. ^ allowed 7W4r'^«9n where it has ' VV . 4, C. d, S. ^U. ,jgg„ ^„^, S. On the trial of any issue, or on any assessment of damages, when allowed upon any debt or sum certain, 1. Payable by virtue of a written on debts certaia instrument at a certain time, the Jury may allow interest to the ^""^ "^f^^^- Plaintiff from the time when such debt or sum became payable or 2. If payable otherwise than by virtue of a written instrument at a certain time, the Jury may allow interest from the time when a demand of payment is made in writing informing the debtor that interest will be claimed from the date of such demand. 7 W. 4, c. 3, s. 20. 3. In actions of Trover or Trespass de bonis asportatis, yfi^^^hy war the Jury may give interest in the nature of damages over and of damages m above the value of the goods at the time of the conversion or ^'="°°* °^ ">"• seizure, and in actions on Policies of Insurance may give inte- rest over and above the money recoverable thereon. 7 W. 4, c. 3, s. 21. 4. Except as authorized and provided in the Act of the Pro- tu what cases vince of Canada respecting interest, it shall not be lawful upon loan'rfmoVey^, any contract to take, directly or indirectly, for loan of any mo- &o., shall not neys, wares, merchandize, or other commodities whatsoever, doUa^^percen. above the value of six dollars for the advance or forbearance 'um for a year, of one hundred dollars for a year ; and so after that rate for a greater or less sum or value, or for a longer or shorter time ; and j^n ^^^^^ p^j,, except as aforesaid, all bonds, bills, promissory notes, con- tracts, &c., tracts and assurances whatsoever, whereupon or whereby a neater merest greater interest is reserved and taken, shall be utterly void ; is reserved shall and every person who shall either directly or indirectly take, ^® ^'"^ accept and receive, a higher rate of interest, shall forfeit and Penalties for lose for every such offence, treble of the value of the moneys, !''rTy'"° * wares, merchandize and other things lent or bargained for, to inferest! be recovered by action of debt in either of the Superior Courts ^^^ reoover- of Common Law in Upper Canada, and a moiety of such for- ed. feiture shall be paid into the hands of Her Majesty's Receiver General for the use of Her Majesty, towards the support of the Civil Government of this Province, and the other moiety to him or them that sue for the same. 51 G. 3, c. 9, s. 6. cc CAP. 450 Cap. 44. Written Promises, Spc CAP. XLIV. "^'iCT. Promises and Acknow- Acl to apply on and from the Ist Jahuaiy, 3852. Written memo randum requir ed to take the case out of the statute of limi- latlons. An Act respecting written ledgments of Liability. HER Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows : i. This Act shall operate and apply retrospectively to the ' first day of January, one thousand eight hundred and fifty-two, as well as prospectively, and shall be construed as if it had been passed on the said first day of January, one thousand eight hundred and fifty-two. 13, 14 V. c. 61, s. 8. @. In all actions : 1. Of account and upon the case other than such accounts as concern the trade of merchandize be- tween merchant and merchant, their factors or servants; 2. fe all actions on simple contract or of debt grounded upon any lending or contract without specialty, and in all actions of debt for arrearages of rent, no acknowledgment or promise by words only shall be deemed, sufficient evidence of a new or continuing contract whereby to tak« any case out of the opera- tion of the Act, passed in England in the twenty-first year of the Reign of King James the First, respecting such actions as aforesaid, or to deprive any party of the benefit thereof, unless such acknowledgment or pTomise be made or contained by or in some writing to be signed by the party chargeable thereby. 13, 14 V. c. 61, s. 1. Caseoitwoor 3. Where there are two or more joint contractors, or execu- JJ^Jf |.°'°' '^°^' tors or administrators of any contractor, no such joint contractor, cutors. executor or administrator shall lose the benefit of the said Act so as to be chargeable in respect or by reason only of any written acknowledgment or promise made and signed by any other or others of them, or by reason of any payment of any principal or interest made by any other or others of them. 13, 14 V. c. 61, s. 1. 4L. In actions commenced against two or more such joint contractors, executors or administrators, if it appears at the trial or otherwise that the Plaintiff", though barred by the said Act of King James the First or by this Act, as to one or more of such joint contractors, or executors or administrators, is never- theless entitled to recover against any other or others of the Defendants, by virtue of a new acknowledgment, promise or payment as aforesaid, judgment shall be^given and costs allowed for the Plaintiif as to such l3efendant or Defendants against whom he may recover, and for the other Defendant or Defendants against the Plaintiff'. P13, 14 V. c. 61, s. 1. As to non- 5. If upon a plea in abatement in any such action for the non- lendams'wht joinder of any person or persons, who, it is alleged, ought to have have good de- been sued jointly, it appears at the trial or otherwise, that the fence under the action could not, by reason of the said Act of King James or this Where plaintiff may be barred as to one or more defend- ants but not as to all. 1859. Written Promises, ^c. Cap. 44. 45 ( this Act, or of either of them, be maintained against the other said Act and person or persons named in such plea, or any of them, the ""*■'^"• finding and judgment on such plea, shall be against the party- pleading the same. 13, 14 V. c. 61, s. 2. 6. If after the pleading of such plea, the Plaintiff, instead As to costs m of proceeding in the action, abandons or discontinues the "^^^^ 'i^''°"- same, and commences a new action against the Defendant or Defendants who pleaded such plea and the person or persons named therein as jointly liable with such Defendant or Defendants, and if it appears upon the trial or pleadings in such new action that such action could not, by reason of the said Act of King James or of this Act, bo maintained against the person or persons named in the said plea in abatement and joined in the said new action, but against the original Defendant or Defen- dants alone, the Plaintiff shall thereupon be entitled to recover agamst the original Defendant or Defendants in the said new action, as well the costs of the original action so abandoned or discontinued on such plea in abatement, as the costs awarded to such other Defendant or Defendants so joined in the said action by reason of the pleading of such plea, in addition to the debt or damages and costs recoverable against the said original Defendant or Defendants, and the said other Defendant or Defen- dants so joined in the said new action, and not liable therein, shall recover his or their costs against the Plaintiff. 13, 14 V. c.&l, s. 2. 7. No indorsement or memorandum of any payment, written jndorsement, or made upon any promissory note, bill of exchange, or other *^«-j ma^ie by- writing, by or on behalf of the party to whom such payment has totake^rnote, been made, shall be deemed sufficient proof of such payment, so *^c-j out of the as to take the case out of the operation of the said Statute of *'^'""'- King James. 13, 14 V. c. 61, s. 3. 8. The said Act of King James and this Act, shall apply to Statute to ap- the case of any debt on simple contract, or of the nature herein- piy '"set-oft. before mentioned, alleged by way of set-off on the part of any De- fendant, either by plea, notice or otherwise. 13, 14 V. c. 61, s. 4. 9. No action shall be maintained whereby to charge any as to ratifica- person upon any promise made after full age to pay any debt tiou of promise contracted during infancy, or upon any ratification after full age, j^n-a^e."'^^ of any promise or simple contract made during infancy, unless such promise or ratification be made by some writing signed by the party to be charged therewith. 13, 14 V. c. 61, s. 5. 10. No action shall be brought whereby to charge any per- as to represen- son upon or by reason of any representation or assurance made ?*J^'°" regard- or given concerning or relating to the character, conduct, credit, racter, credit, ability, trade or dealings of any other person, to the intent or ''=o-'°f^'i"r'' purpose that such other person may obtain money, goods or ^^ ^' credit thereupon, unless such representation or assurance be 'Hiade in writing signed by the party to be charged therewith. 13, 14 V. c. 61, s. 6. cc3 11. 452 ^^P- '*'^> ^^- Written Promises, Sfc. 22 Vict. siaiuicof 11. The seventeenth section of an Act passed in England, troontralts'foj ^" ^^^ twenty-ninth year of the Reign of King Charles the Second, goods to be de- Intituled, An Act for the prevention of Frauds and Perjuries, tureume ^ '" ®''^^' extend to all contracts for the sale of goods of the value of Forty Dollars and upwards, notwithstanding the goods may be intended to be delivered at some future time, or may not at the time of such contract be actually made, procured or provided, or fit or ready for delivery, or although some act may be requisite for the making or completing thereof, or rendering the same fit for delivery. 13, 14 V. c. 61, s. 7. CAP. XL V. An Act respecting Mortgages and Sales of Personal Property. HER Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows : WHEN TO BE HEGISTERED. Mortgages of 1 . Every mortgage, or conveyance intended to operate as a tentoJ with' mortgage, of goods and chattels, made in Upper Canada, which change of pes- is not accompanied by an immediate delivery, and an actual beregisteredfor ^''^^ continued change of possession of the things mortgaged, else be void as or a true copy thereof, shall, within five days from the execution ufre'&V^of'the thereof, be registered as hereinafter provided, together with the mortgagor with afiidavit of a witness thereto, of the due execution of such aji^ affidavit, mortgage or conveyance, or of the due execution of the mort- gage or conveyance of which the copy filed purports to be a copy, and also with the affidavit of the Mortgagee or his agent, if such agent be aware of all the circumstances connected therewith and properly authorized in writing to take such mortgage (in which case a copy of such authority shall be registered therewith). 20 V. c, 3, s. 1. Contents of 3. Such last mentioned affidavit, whether of the Mortgagee affidavit. Qj. j^^g agent, shall state that the Mortgagor therein named is justly and truly indebted to the Mortgagee in the sum men- tioned in the mortgage, that it was executed in good faith and for the express purpose of securing the payment of money justly due or accruing due and not for the purpose of protect- ing the goods and chattels mentioned therein against the cre- ditors of the Mortgagor, or of preventing the creditors of such Mortgagor from obtaining payment of any claim against him. Unless regis- 3. In case such mortgage or conveyance and affidavits be toid'!''""'^'^'^ not registered as hereinbefore provided, the mortgage' or conveyance shall be absolutely null and void as agaih'sf cre- ditors of the Mortgagor, and against subsequent Purchasers or Mortgagees in good faith for valuable consideration. 20 V. c. 3, s. 1. Sales of goods 4. Every sale of goods and chattels, not accompanied byan not attended immediate delivery and followed by an actual and continued change 1859. Mortgages and Sales, fyc. Cap. 45. 453 change of possession of the goods and chattels sold, shall be in withdelivery writing, and such writing shall be a conveyance under the tered'^o/ efse'be provisions of this Act, and shall be accompanied by an affidavit void a» against of a witness thereto of the due execution thereof, and an onhe°ven*rr' affidavit of the bargainee, or his agent duly authorized in writ- ing to take such conveyance (a copy of which authority shall be attached to such conveyance), that the sale is bond fide and for good consideration, as set forth in the said conveyance, and not for the purpose of holding or enabling the bargainee to hold the goods mentioned therein against the creditors of the bargainor, and such conveyance and affidavits shall be registered as herein- after provided, within five days from the executing thereof, otherwise the sale shall be absolutely void as against the credi- tors of the Bargainor and as against subsequent Purchasers or Mortgagees in good faith. 20 V. c. 3, s.'2. 5. In case of an agreement in writing for future advances for Mortgages of the purpose of enabling the borrower to enter into and carry on cure advances business with such advances, the time of repayment thereof not prto indemnify being longer than one year from the making of the agreement, to'be valid if ' and in case of a mortgage of goods and chattels for securing the duly registered. Mortgagee repayment of such advances, or in case of a mortgage of goods and chattels for securing the Mortgagee against the indorsement of any bills or promissory notes or any other liability by him incun-ed for the Mortgagor, not extending for a longer period than one year from the date of such mortgage, and in case the mortgage is executed in good faith, and sets foi'th fully, by recital or otherwise, the terms, nature and effect of the agree- ment, and the amount of liability intended to be created, and in case such mortgage is accompanied by the affidavit of a witness thereto of the due execution thereof, and by the affidavit of the Mortgagee, or in case the agreement has been entered into and the mortgage taken by an agent duly authorized in writing to make such agreement and to take such raoilgage, and if the agent is aware of the circumstances connected therewith, then, if accompanied by the affidavit of such agent, such affidavit, whether of the Mortgagee or his agent, stating that the mortgage truly sets forth' the agreement entered into between the parties thereto, and truly states the extent of the liability intended to be created by 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 repayment of his advances or against the payment of the amount of his liability for the Mortgagor, as the case may be, and not for the purpose of se- curing the goods and chattels mentioned therein against the creditors of the Mortgagor, nor to prevent such creditors from' recovering any claims which they may have against such Mort- gagor, and in case such Mortgage is registered as hereinafter provided, the same shall be as valid and binding as Mortgages- mentioned in the preceding section of this Act. 20 V. c. 3, s. 3. 6. All the Instruments mentioned in this Act, whether for The property to the sale or Mortgage of goods and chattels, shall contain such tewelldescrib- sufficien 454 Cap. 45. Mortgages and Sales, Sf-c. 22 Vict. Chattel mort- gages to he re- gistered in the oiBce ol'Coun- ty Clerks. Who shall en- ter the same. How to pro- ceed if goods mortgaged are removed to another Coun- sufficient and full description thereof that the same may be thereby readily and easily known and distinguished. 20 V. c. 3, s. 4. HOW REGISTERED. 7. The Instruments mentioned in the preceding sections shall be registered in the office of the Clerk of the County Court of the County or Union of Counties where the Mortgagor or Bargainor, if a resident in Upper Canada, resides at the time of the execution therfeof, and if he be not a resident, then in the office of the Clerk of the County Court of the County or Union of Counties where the property so mortgaged or sold is at the time of the execution of such instrument ; and such Clerks shall file all| such instruments presented to them respectively for that purpose, and shall endorse thereon the time of receiv- ing the same in their respective offices, and the same shall be kept there for the inspection of all persons interested therein, or intending or desiring to acquire any interest in all or any portion of the property covered thereby. 20 V. c. 3. s. 5. 8. The said Clerks respectively shall number every such ins- trument or copy filed in their offices, and shall enter in alphal betical order in books to be provided by them, the names of al the parties to such Instruments, with the numbers endorsed thereon opposite to each name, and such entry shall be re^ peated alphabetically under the name of every party thereto. 30 V. c. 3, s. 6. ©. In the event of the permanent removal of goods and chat- tels mortgaged as aforesaid from the (Jounty or Union of Coun- ties in which they were at the time of the execution of the mortgage, to another County or Union of Counties before the payment and discharge of the 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 said Court, and of the affidavits and documents and instruments relating thereto filed in such office, shall be filed with the Clerk of the County Court of the County, or Union of Counties to which such goods and chattels are re- moved, within two months from such removal, otherwise the said goods and chattels shall be liable to seizure and salq under execution, and in such case, the mortgage shall be null and void as against subsequent purchasers and mprtgagees for valuable consideration as if never executed. Mortgages of chattels must be periodically- renewed, else cease to be valid. 20 V. c. 3, s. 7. 1®. Every Mortgage, or copy thereof, filed in pursuance of this Act, shall cease to be valid as against the creditors of the persons maldng the same, and against subsequent purchasers — mortgagees in good faith for valuable consideration, after the or exf thirty days , „ ^ „ _ — .. — one year, a true copy of such mortgage, together with a state- ment exhibiting the interest of the mortgagee in the property claimed ixpiration of one year from the filing thereof, unless within hirty days next preceding the expiration of the said terW of 1859, Mortgages and Sales, 8fC. Cap. 45. 455, claimed by virtue 1 hereof, and a full statement of the amount still. due for principal and interest thereon and of all payments made on account thereof, be again filed in the office of the Clerk of the said County Court of the County or Union of Counties wherein such goods and chattels may be then situate, with an affidavit of the mortgagee or of his agent duly authorized in ■writing for that ]3urpose, (which authority shall be filed there- with), stating that such statements are true, and. that the said mortgage has not been kept on foot for aliy fraudulent purpose. 20 V. c. 3, s. 8. 1 1. A copy of such original instrument or of a copy thereof, The Clerks'^ so filed as aforesaid, including any statement made in pur- ?«''^ifi.'=f"'*o suance of this Act, certifie;d by the Clerk in whose office registration. the same has been filed, under the Seal of the Court, shall be received in evidence in all Courts, but only of the fact that such instrument or copy and statement were received and filed according to the endorsement of the Clerk thereon, and of no other fact ; and in all cases the original endorsement by the Clerk made in pursuance of this Act, upon any such instrument or copy, shall be received in evidence only of the fact stated in such endorsement. 20 V. e. 3, s. 9. IS. All affidavits and affirmations required by this Act shall who to admf- be taken and administered by any Judge or Commissioner of jav^s^ ami Fee. the Courts of Queen's Bench or Common Pleas, or Justice of the Peace in Upper Canada, and the sum of twenty cents shall be paid for each and every oath thus administered. 20 V. c. 3, s. 13.. 13. On any writ, precept or warrant of execution against The interest of goods and chattels, the Sheriff" or other officer to whom such J^°g^„fy''of'^ writ, warrant or precept is directed, may seize and sell the redemption interest or equity of redemption in any goods and chattels of •'''''';^^'^ ""^^" 1 ^-1 1 • 1 • n 111 eoution. the pai-ty against whoin such writ has issued, and such sale shall be held to convey whatever interest the mortgagor had in such goods and chattels at the time of the seizure. 20 V. c. 3, s. 11. 14. For services under this Act the Clerks aforesaid shall p^esfofser- be entitled to receive the following fees : vices. 1. For filing each instrument and affidavit, and for entering the same in a book as aforesaid, twenty-five cents ; 2. For searching for each paper, ten cents ;. and 3. For copies of any document with certificate prepared, filed under this Act, ten cents for every hundred words. 20 V. c. 3, s. 12. 15. 456 Cap. 45, 46. Mortgages and Sales, SfC. 23 Vict, Act not to ap- 15. This Act shall tiot apply to mortgages of vessels regis- Suiy'rSered tared under the provisions of any Act in that behalf. -20 V. c. 3, ' s. 10,— See 8 V. c. 5. Existing saved. lights 16. All mortgages and sales of goods and chattels registered under the provisions of any former Acts in that behalf, shall be held and taken to be as valid and bindiiiig as if the said Acts had not been repealed. 20 V. c. 3, s. 14. 2. NAVIGABLE WATERS AND STREAMS. CAP. X L V I . An Act relating to Ferries. HER Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as foUowrs : No license to 1. No license of Ferry in Upper Canada shall in future be be granted, &c. granted to any person or body corporate beyond the limits thereof, and all grants of Ferry on the Frontier line of Upper Canada, shall be issued to the Municipality within the limits of which such Ferry exists, and in case of the establishment of any addi- tional Ferry on such Frontier, tlien to the Municipality in which such additional Ferry is established, and shall be so construed as to extend and apply to all such Ferries on the Provincial Fron- tier, the circumstances of which do not permit or warrant the peremptory use of Steamboats. 20 V. c. 7, s. 5, — 22 V, c. 41. (1859.) license to be 2. Every grant or license of Ferry shall be issued by the ^vCTHOT Sn- Governor under the Great Seal, and under the foregoing section der the Great rhay be granted for any period not exceeding fifty years. 8 s^"^- V. c. 50, ss. 2, 3,-20 V. c. 7, ss. 1, 2, 8. 3. Except as herein otherwise provided, no Ferry in Upper Canada shall hereafter be leased by the Crown, nor sliall the Lease thereof be renewed, or any License by the Crown to act as a Ferryman thereat be granted, except by public competition, and after notice of the time and place at which tenders will be received for the Lease or License for such Ferry, inserted at least four times in the course of four weeks in the Canada Gazette, and in one or more of the newspapers published in the County in which the Ferry may be situate, and to parties giving siich security as the Governor in Council may require ; noi- shall any such Ferry be leased or the License thereof granted for a longer term than seven years at any one time. 9 V. c. 9, s. 2. Ferries to be leased by pub- lic competition and only for a limited time. 1859. Ferries. Cap. 46. 457 4. In every case, except in the case of Municipalities as Limii&ofFei ■, hereinafter provided, where the limits to which the exclusive '"-''■ privilege of any Ferry extends are not already defined, such ex- clusive privilege shall not be granted for any greater distance than one mile and a half on each side of the point at which the Ferry is usually kept, but nothing herein contained shall invali- date or infringe upon any existing grant or right of Ferry. 8 V. c. 50, ss. 5, 3. 5. In all cases where a ferry is required over any stream or Governor may other water within Upper Canada, and the two shores of such grant a license stream or other waler are in different Municipalities, such communlca-'^ Municipalities not being in the same County, the Governor in lio" between Council may grant a license to either of such Municipalities ]^^g_ "nicipa- exclusively, or to both conjointly, as may be most conducive to the public interest. 20 V. c. 7, s. 1. 6. Such license shall confer a right on the Municipality or Lieen^eto con- Municipalities to establish a ferry from shore to shore on such '^'' ^ "s*"' '^'^- stream or other water, and with such limit and extent as may appear advisable to the Governor in Council, and be expressed in such license. 20 V. c. 7, s. 1. 7. Such license shall be upon condition that the craft to be Condition oi used for the purpose of such ferry shall be propelled by steam, spaJn^^^"* and be of such dimensions, and ihe engine thereof be of such ' power as the Governor in Council may direct ; and upon such further conditions as the Governor in Council may think fit and express in such license. 20 V. c. 7, s. 1. 8. The Council of the Municipality to which municipality Municipalities- any such license may be issued, may pass By-laws, not contra- Ses "^^ vening the terms of the license, declaring their determination to sub-let the said ferry, and may sub-let the same for the price, and upon the terms, and to the parties, and on the conditions, and at the rates of ferriage to be paid, which llie said Council may deem best. 20 V. c. 7, s. 3. 9. In all cases where the one shore of such stream or other incorporated water is within the limits of a City, Town, or iiit;o!j)o>aied ^,idv',i^g^"* Village, and the other shore thereof in a Township or rural imvtthepre- Municipality, the license shall be issued to the City, Town, '^^"^Zel^. or incorporated Village; But in case the Rural Municipality opposite to any such City, Town, or incorporated Village, be an Island, then the license shall be granted to the Island Munici- pality. 20 V. c. 7, s. 4. 10. If any person unlawfully interferes with the rights of Penalty for iu- any licensed Ferryman, by taking, carrying, and conveying, {^feSferry- at any such Ferry, across the river or stream on which the same man. is situate, any person, cattle, carriage, or wares, in any boat, vessel, or other craft, for hire, gain, reward, profit, or hope thereof, 458 Cap. 46. Ferries. 22 Vict. Parties may kepp boats for their own use. Oflender to be committed if penalty be not paid. Aggrieved party may appeal. thereof, or unlawfully does any other act or thing to lessen the tolls and profits of any Lessee of the Crown of any such Ferry, such offender, upon conviction thereof before a Justice of the Peace, shall forfeit and pay such sum of money not exceeding twenty dollars, as the Justice may direct, which sum shall be paid to the party aggi-ieved, except where he has been exa- mined in proof of the offence, in which case the money shall be applied and accounted for in the same manner as any penalty impo.sed for a breach of the peace. 8 V. c. 50, s. 1. li 1 . Any person may keep at any such Feny a boat, vessel, or other craft, for his own private use, or may use, for the ac- commodation of himself or of his employer, his own or his em- ployer's boat, vessel or craft, to cross the river or stream on which such Ferry is situate ; but such privilege shall in no wise be used to take, carry or convey any other persons or pro- perty for hire, gain, reward or profit, or hope thereof, or directly or indirectly to enable any of such other persons to evade the payment of tolls at such Ferry. 9 V. c. 9, s. 1, — 8 V. c. 50, s. 1. tfS. In case the sum forfeited be not paid immediately after conviction, the convicting Justice may commit the offender to the Common Gaol of the County, there to be imprisoned for a term not exceeding two months, unless the forfeiture, and the costs, be sooner paid. 8 V. c. 50, s. 2. IS, Any party aggrieved by any conviction or decision un- der this Act, may appeal from such conviction or decision in the manner and under the conditions and provisions of the Act respecting appeals in cases of summary conviction. 8 V. c. 50, s. 4. Title to the ferry. Municipal -Councils may pass By-laws re jfula ting- ferries in cer- tain places. 14. On the trial of any offender against this Act, every license heretofore issued or issued under this Act, shall be primd facie evidence of title to, the Ferry. 8 V. c. 50, s. 3. 1»>. The Council of every County, City and Town separated from the County, under the Act respecting the Municipal Insti- tutions of Upper Canada, may pass By-laws for regulating Fer- ries between any two places in the Municipality ; and esta- blishing the rates of ferriage to be taken thereon ; but no such By law shall have effect until assented to by the Governor in Council ; and until the Council of the County, City or Town separated as aforesaid pass a By-law regulating such Ferries and in the cases of Ferries not between two places in the saine Municipality, the Governor, by order in Council, may from time to time regiilate such ferries respectively, and establish the rates to be taken thereon subject to the provisions of this Act. 22 V. c. 99, s. 277, No. 4, and s. 278. CAP. 18S9. Rivers and Streams. Cap. 47. .^59 CAP. X L VII. An Act respecting Rivers and Streams. HER Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows : i . Except in the case of round or squared timber, or of trees, Conditions on masts, staves, deals, boards or other sawed or manufactured "«''""'^'™'^<"" luidber or saw logs, prepared for transportation to a market, Sanks"of S- every person and every employer of such person, who cuts and versandfloated fells any trees into the Grand River, the River Thames, River ^'"^'■''°°- ,Nith, River Speed, Otter Creek, the River Credit,- the River Otonabee from Sturgeon Lake to Rice lake ; the River Scugog, the River Trent from Rice Lake to the Bay of Quirite, Crov/ River; the Rivers Gananoque,; Rideau, Petite Nation, Tay, Mississipi, Bonnechere, Madawaska and Goodwood in Upper Canada, or upon such parts of the banks thereof as are usually overflowed in the autumn or spring of the year by the rising of the water of the said Rivers or Creek, and who does not lop off the branches of such trees and cut up the trunks thereof into lengths of not more than eighteen feet, before they are- allowed to be floated or cast into the said Rivers or Streams shall for every such offence forfeit and pav a penalty not exceeding ten dollars, 3 W. 4, c. 28, s. l,--2 V. c. 16, ss. 1, 4. S. In case any person throws, or in case any owner or Penalty oaper- occupier of a mill suffers or permits to be thrown, into any ?°"^ ohstruct- •n • Ti • 1 i > • TT /-i 1 , • iiig rivers and Kiver, Rivuiet or water-course m Upper Canada, exceptmg rivulets. those hereinafter mentioned, any slabs, bark, waste stuff or other refuse of any saw-mill (except saw dust,) or any stumps, roots, shrubs, tan-bark or waste wood, or leached ashes ; or in case any person fells, or causes to be felled, in or across any such river, rivulet or water-course, any timber or growing or standing trees, and allows the same to remain in or across such river, rivulet or water- course, he shall incur a penalty not exceeding twenty dollars and not less than tw'enty cents for each day during which such obstruction remains in, over, or across such river, rivulet or water-course, over and above all damages arising therefrom. 10, 11 V. c. 20, s. 1,-7 V. c. 36, s, 1,_2 V. c. 16, s. 2,-22 V. c. 99, s. 270. S. This Act shall not apply to any dam, weir or bridge Act not to ex- erected in or over any such river, rivuiet of water-course, of to 'end to dams, , . 1 I -."^ 7 • !• i- 1 weirs or trees any thing done bona fide m or lor erectmg the same, or to any used as bridges, tree cut down or felled aioxtjea any such river, rivulet or water- course, for the purpose of being used as a bridge from one side thereof to the other ; provided such tree does not impede the flow of water or the passipg of rafts. 10, 1 1 V. c. 20, s. 1. 4. 460 Cap. 47. Rivers and Streams. 22 Vict. 4. This Act shairnot extend to the River St. Lawrence, Hi vers where salmon, pick- nor to the River Ottawa, nor to any River or Rivulet wherein erelj black bass , _ _^ _ *'_ , , , -, ^ . or perch do not abound not included. Salmon, 14, As to obstruc- tions not wil- ful. How fines to be recovered. Pickerel, Black Bass, or Perch do not abound. 15 V. c. 123. 5. No such obstruction happening without the wilful de- fault of any party, or in the bond fide exercise of his rights, shall subject him to any fine or forfeiture unless upon de- fault to remove the obstruction after notice and reasonable time afforded for that purpose. 10, 11 V. c. 20, s. 1. 6, All fines, penalties, forfeitures and damages under this Act, when not together exceeding twenty dollars, may respect- ively, upon the oath of one credible witness, be recovered with costs, in a summary way in the manner provided by the Act of the Province of Canada relative to malicious injuries to property,* before any one or more of the Justices of the Peace for the County in which the offence has been committed, and unless the conviction be appealed from if the fine or penalty and damages {as the case may be) together with the costs, be not paid at the time stated in the conviction, the convict- ing Justice or Justices, or one of them, when more than one, shall issue bis or their warrant of distress to levy the same out of the goods and chattels of the offender ; and in case there be not sufficient goods and chattels found to satisfy the same, and in case the offender does not otherwise satisfy the amount within three days after conviction, then such Justice or Justices {as the case may be) shall by warrant under hand and seal commit the offender to the common Gaol of the County in which he has been convicted, for the tenn of ten days in case the conviction be under the first section of this Act, or thirty days in case the conviction be under the second section of this Act, unless the fine, penalty or forfeiture and damages {as the case may be,) and costs, be sooner paid. 3 W. 4, c. 28, s. 2,— 10, 11 V. c. 20, s. 1, see 4, 5 V. c. 26, s. 30,~7 V. o. 36, ss. 1, 2, 4. Party a^griev- 7. Any party aggrieved by any conviction or decision edmay appeal, under this Act, may appeal in the manner and under the con- ditions and provisions of the Act of the Province of Canada respecting appeals in cases of summary conviction. 7 V. c. 36, s. 2. 8. Of pecuniary penalties levied under this Act, one third shall go to the informer, and the other two thirds shall be paid to the Treasurer of the Municipality in which the offence was committed, and shall be expended in improving the Public Highways therein. 3 W. 4, c. 28, s. 3,-2 V. c. 16, s. 3. 9. In case of damages to private property arising out of a violation of this Act, such damages may, at the request of the party aggrieved, be assessed by the convicting Justice or * Relerence should have been made to the Act respecting the duties of Justices of the Peace out of Sessions in relation to yummary Convictions and Orders which virtually supersetled 4, 5 V. c. 26, s. 30. Appropriation of penalties. Assessed da- mages how to be applied. 1859. Rivers and Streams. Cap. 47, 48. 461 or Justices and included in tlie conviction, when such damages, together with the fine or penalty imposed, do not together exceed twenty dollars, and in case damages be assessed the same shall be paid to the party aggrieved, except in cases •where he has been examined in proof of the offence, in which case the same shall be applied to the improvement of the public highways in the Municipality as above provided. 7 V. c. 36, s. 3. CAP. XL VIII. An Act respecting Mills and Mill-Dams. HER Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows : TOLLS. 1. No owner or occupier of a Mill, nor any person em- no greater pro- ployed by him, shall demand or take as toll a greater propor- portion to be tion of aiiy grain brought to him to be ground and bolted than inc^Tnd"^bo"tiiig one twelfth part thereof, for grinding and bolting the same grain than one under a penalty of forty dollars for every such offence ; one *^® ' moiety thereof to be paid to Her Majesty, for the public uses of the Province, and the other moiety to any person who may sue for the same in any Court of Record. 33 G. 3, c. 7, ss. 1,2. BAGS TO BE MARKED. 3. No owner or occupier of a Mill shall be bound to Bags must be receive or be chargeable with the loss of any bag of grain or marked, flour, unless such bag be marked with the initial letters of the Christian and Surname of the owner of the grain, or with some mark distinguishing the bag, which mark of distinc- tion shall be preiviously communicated and made known to the said owner or occupier of the Mill, or his sei-vant usually attending the same. 32 G. 3, c. 7, s. 3. MILL-DAMS. 3. Subject to the^rovisions of the "Fishery xlct," of the owners or oc- Province of Canada, in case a Mill-dam be legally erected cupiers of mills on any stream, down which stream lumber is usually brought, aprons to their or in which stream salmon or pickerel abound, the owner "^a"^- or occupier of such Dam shall construct and maintain a ^ood and sufficient apron thereto, not less than eighteen feet wide by an inclined plane of twenty-four feet eight inches to a perpendicular of six feet, and so in propor- tion to the height where the width of the stream will ad- mit of it ; and in case such stream or dam Hq less than fifteen ■■:■ feet 462 Cap. 48. 31iUs and MiU-Dams. Vict. Penalty and its appropriation. feet wide, the whole Dam shall be aproned in like manner with the same inclined plane ; and every such owner or occu- pant who neglects to construct or maintain such apron, shall for such crlFence, forfeit and pay yearly the sum of one hundred dollars ; one moiety thereof to Hei Majesty for the public uses of the Province, and the other moiety to any person who may sue for the same in any Court of Record. 9 G. 4, c. 4, ss. 'l, 2,-22 V. c. 86, s. 27. MILL-DAMS, CONSTRUCTION OF, AND THE PASSAGE OF TIMBER, &C. Apron or slide 4. E veiy owner or occupier of a Mill-dam at which an apron or i°/''n''JS''&" ®^ide is required to be constructed as aforesaid shall, if necessary, " "' ■ alter, or if not already built, shall construct such apron or slide so as to afford depth of water sufficient to admit of the passage over such apron or slide of such saw-logs, lumber and timber as are usually floated down the streams or rivers whereon such Dams are erected ; but any owner or occupier of any such Dam may construct a waste-gate or put up brackets and slash- boards in, upon and across the apron, for the purposes of pre- venting any unnecessary waste of water therefrom, and may keep the same closed when no person is ready and requires to pass or float any craft, lumber or saw-logs over such apron or slide. 12 V. c. 87, s. 1. Waste-gates, Slash-boards. Owners not obliged to re- move brackets, until, iSsc. .5. The owner or occupier of any such Dam shall not be bound to remove the brackets or slash-boards across the apron thereof until the raft, craft,lumber or saw-logs, required to be passed, are ready to pass and have for that purpose gained the main channel of the stream. 12 V. e. 87, s. 1. ON SMALL STREAMS. When Aprons and Slides mentioned in Sects. 3 & 4, not required in small streams. 6. No person shall be required to build such aprons or slides as mentioned in the third and- fourth sections on small streams, unless required for the purposes of rafting or floating down ' ' ' ' " " 12 V. c. 87, s. 1. lumber and saw-logs as aforesaid, PENALTIES. Penalty on owner of dam refusing to comply with the require- ments of this Act. How enforced. 7. Every owner or occupier of any Dam mentioned in the fourth section of this Act who, (if not already made and constructed,) neglects or refuses to make and construct and keep in repair an apron of the description therein mentioned shall pay apenalty oftwo dollars per day for every day of such neglect, and such penalty shall be recoverable before any two Justices of the Peace for the County in which the offence has been committed, on the oath of two credible Avitnesses, and if not paid, shall be levied by distress and sale of the goods and chattels -of the offender, by a warrant under the hand and seal of such Justices, or one of them, and shall be paid to the Treasurer of the Muni- cipal Corporation having jurisdictipn in the locality where such Dam 1859. Mills and Mill-Dams. Cap. 48. 4gg Dam is erected, for the general uses of the Municipality. 12 V. C. o'j S. o. MILL-DAMS IN SPECIFIED PLACES. 1. IN THE COUNTY OF HURON. 8. Subject to the provisions of the " Fishery Act," the owner Damsandweirs or occupier of every Dam or Weir erected on any river or stream in ihe County in any of the Townships of Williams, McGillivray, Stephen, '''^""'''"' Hay, Stanley, Goderich, Colborne, HuUet, McKillop, Tucker- smith, Hibbert, Logan, FuUarton, Usborne, Biddulph, Blan- chard, Downie including the Gore of Ellice, North-East Hope, and South-East Hope, or any other tracts of land which on the twenty-ninth day of March, one thousand eight hundred and forty-five, constituted the then District of Huron, shall, if the same has not been already done, construct and maintain, and, if constructed, shall maintain and keep in repair, a good and sufficient apron to such Dam or Weir, at least twenty-eight feet wide (if the Dam or Weir be of greater width, and if not, then of the same width as the Dam or Weir), and at least eight feet in length for every foot rise of such Dam or Weir, under a penalty of one dollar for .each day during which the requirements of this section are not complied with ; and such penalty shall be recoverable before any two Justices of the Peace for the County in which the offence has been committed, on the oath of one credible witness ; and if not paid, may be levied by distress and sale of the goods and chattels of the offender, by warrant under the hand and seal of such Justices or either of them ; one moiety of which penalty shall belong to Her Ma- jesty, for the public uses of the Province, and the other moiety to the prosecutor. 4 W. 4, c. 56, s. 1,-8 V. c. 66,-1 V. c. 26. 2. ON THE BIVER MOIRA. 9. Subject to the provisions of the " Fishery Act," the owner On tlie liver or occupier of any Dam on the River Moira or its tributaries, Moira. in the County of Hastings, on which lumber is floated to market, shall construct and maintain, and if constructed, shall main- tain and keep in repair a good and sufficient apron to such Dam, at least thirty-two feet in width (if the Dam be of that or of greater width, and if not, then of the width of the Dam), and at least five feet in length for every foot rise of such Dam ; and the height of the Dam at the place where the apron is con- structed, shall be at least two feet lower than the top of the said Dam at any other place (unless it occupy the whole width thereof as aforesaid) ; but if the rise of the Dam be less than four feet, the height of the Dam at the place where the apron is con- structed shall not exceed one half its height, at any other place. 11 V. c. 10, s. 2. 10. 464 ' ^ Gap. 48. Mills and Mill-Dams. 32 Vict. Penalty for contravention. 10. Every such apron shall be constructed on the main channel of the stream, and its highest part shall be one foot below the level of the Dam at the place where it joins the sataie, under a penalty of twenty-five cents for each day the require- ments of this and the next preceding section are not complied with. 11 V. c. 10, s. 2. •How recovered and enforced. 11. The said penalty, on the complaint of any person engaged in the lumber trade upon the said River or any tribu- tary thereof, may be recovered before any two Justices of the Peace for the County in which the offence has been committed, upon the oath of one credible witness other than the informer, one Half of which penalty shall belong to Her Majesty, for the public uses of the Province, and the other moiety to the prosecutor ; and if upon conviction such penalty be not forthwith paid, it shall, by warrant under the hand and seal of such Justices, or of one of them, be levied by distress and sale of the goods of the offender. 11 V. c. 10, s. 2. ■Owner not obliged to 13. The ninth section of this Act shall not oblige the owner ^j - or occupier of any Dam on the River Moira to alter the apron if constructed thereof, if constructed before the twenty-third day of March, before a cer- one thousand eight hundred and forty-eight, until the renewal tarn period im- /. , ? i ir i rv m J o J til renewed OI SUCh apron. 11 V . C. 10, S. 2. ON THE RIVER OTONABEE. Special provi- sions wilh re- gard to the fiver Otoaabee 13. No apron to any Mill-dam on the River Otonabee shall be less than thirty-two feet wide by an inclined plane of five feet to a perpendicular of one foot, and so in proportion to the height of the Dam ; and side pieces of at least one foot in height shall be fixed on the outside of every such apron, to confine the water and prevent the timber from falling off at the sides. 12 V. c. 87, «. 2. AS TO PENALTIES WHEN DAMS INJURED BY TLOODS. If Aprons in- ^ '*• In case any apron be carried away, destroyed or da- jured by floods, maged by flood or otherwise, the owner or occupier of the Dam suspended for a ^'^ which the Same was attached shall not be liable to any such pe- reasonabie nalty as aforesaid if such apron be repaired or re-constructed in '™^- conformity to this Act, as soon as the state of the stream safely permits. 12 V. c. 87, s. 4,-11 V. c. 10, s. 2. / TIMBER, &C., MAY BE FLOATED DOWN STREAMS AT CERTAIN SEASONS. All persons 15. All persons may float saw-logs and other timber, rafts K&Tdown ^°^^ ^^^^^ down all streams in Upper Canada during the spring, strea'ms.' summer and autumn freshets, and no person shall, by felling trees or placing any other obstruction in or across any such stream, prevent the passage thereof. 12 V^ c. 87, s. 5. 1859. Mills and Mill-Dams. Cap. 48, 49. ' 4Q^ ] 6. In case there be a convenient apron, slide, gate, lock or Persons using opening in any such Dam or other structnre made for the ^n'^^r^dams "* passage of saw-logs and other timber, rafts and crafts autho- &c" ' rized to be floated down such stream as aforesaid, no person using any such stream in manner and for the purposes aforesaid, shall alter, injure or destroy any such Dam or other useful erec- tion in or upon the bed of or across the stream, or do any unnecessary damage thereto or on the banks thereof. 12 V. c. 87, s. 5. PROTECTION IN CERTAIN CASES OF MILLS OVERFLOWING ADJACENT LANDS. 17. In case, in any action brought against the proprietor -^^hen Grantee or occupier of a Mill, for the overflowing of or injury to land, of Crown not Caused by the erection or continuation of a Dam for the purposes dama°M for of such Mill, it appears that the overflowing or other injury was overflow af Ms caused by the erection or continuation of a Dam which was '^°''^' built before the purchase of such land, by the Grantee of the Crown and before the grant thereof to him, and that such pur- chaser obtained a reduction in the price of such land, or was otherwise indemnified in consequence of its being so overflowed or otherwise injured, then the Jury on the trial of such action may take such facts into their consideration, and, if they think it just and equitable, may, in consequence thereof, find a verdict for the Defendant. 13, 14 V. c. 75, s. 1. 18. In any such action the Defendant may plead the jpefendant may general issue, and under such plea, on entering a note of this plead ^neral Act in the margin thereof, may avail himself of this Act and of ' " ' the matters of defence herein given. 13, 14 V. c. 75, s. 2. 3. TRADING AND OTHER COMPANIES. CAP. X L I X . An Act respecting Joint Stock Companies for the construction of Roads and other Works in Upper Canada. HER Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows : 1. All Companies incorporated for such purposes as are in Existing Com- this Act mentioned, under any former Acts, before this Act nued— how'" takes eifect, shall subsist and continue, notwithstanding the ti»is Act shall repeal of such Acts, and such Companies shall be subject to, ^^^ ^ ° ^'"' and may avail themselves of the provisions of this Act, arid DD in 466 Cap. 49. Joint Slock Companies, J. it- -. r^n i this Act. der this Act. 16 V. c. 190, s. 1. FORMATION OF COMPANIES. Five persons •may form a Company for the construc- tion of plank and other loads. As lo taking property. S. Any number of persons not less than five may form themselves into a Company for the purpose of constructing and may construct in, along, or over, any public road or highway, or allowance for road, or on, along, or over any other land, a plank, macadamized or gravelled road, not less than two miles in length, and also any bridges, piers or wharves, connected therewith. 16 V. c. 190, s. 2. 4:. No such Company shall construct any such road or other works, through, over, along or upon any private property or property of the Crown, without having first obtained the permission of the owner or occupier thereof, or of the Crown with the approval of the Governor in Council so to do, ex- cept as hereinafter provided. 16 V. c. 190, s. 2. 5. No private property shall be taken for any road or other work as aforesaid, for which a Company has been or may be constituted, without the consent of the owner, if such owner himself commences the work within one year, and completes the same within two years, from the time of his being notified that a Company has been formed for constructing the same. 16 v.. c. 190, s. 2. When Munioi- ®- No such road shall be constructed or pass within the pal By-law ne- limits of any City, or of any incorporated Town or Village, cessary. except by permission, under a By-law of the City, Town or Village, passed for that purpose. As to pi ivate property. Bridges when '^- All bridges ill the line of road between the termini of part of the road, any such road, which are not within the limits of any City, incorporated Town or Village, shall be deemed part of such road, unless specially excepted, in the Instrument of association of the Company. 16 V. c. 190, s. 2. Highest grade. 8. No such road shall be made of a higher grade than one foot elevation to twenty feet along 1he road, without the sanc- tion of the County Engineer of the County where the road or other work is situated or constructed, and if there be no such officer, then of some competent Engineer who shall be appointed by the County Council for that purpose. 16 V. c. 190, s. 2. 9. 1859. Joint Stock Companies, Sfc. Cap, 49, 4^7 9. In case under any Statute made before this Act takes effect, As to line for any Company has been formed to construct any Roads or Bridges, which other Piers or Wharves, connected therewith as aforesaid, and°the havTbeen' stock of such Company has been subscribed, and the work in "chartered. course of completion within the time limited by the Statute , under which the Charter was obtained ; no Company shall be formed under this Act to construct any line of road for which such prior Charter was so obtained, so long as such Charter remains in force. 1®. No Company, formed under this Act, shall commence Thirty days' any work until thirty days after the Directors have served a "o''™ ^ be written notice upon the Head of the Municipality in the HeId'^of"the^ jurisdiction of which such road or other work connected there- Municipality, with is intended to pass or to be constructed; and if the gompMy"^ Municipal Council of such locality passes a By-law prohibit- commencing ing, varying or altering' any such intended line of road, or ^"^ '^°''^' the plan of any such other work, such By-law shall have the same force and effect, and be as obligatory upon all persons, and upon any such Company, if the Company proceed in the construction of the road or other works, as if the provisions thereof had been inserted in the body of this Act. 16 V. c. 190, s. 3. 11. If no such By-law be passed within thirty days after ser- jj-^^ Bv-iaw vice of such notice upon the Head of the Municipality, then passed within the Company may proceed with the intended road or other ^c"^^v'iaa.v work without being liable to any interruption or opposition proceed. from any source whatever. 16 V. c. 190, s. 3. IS. When any new road has been opened, or the line of when old road an old road has been changed, the Municipality having juris- ™^y lie closed diction as aforesaid, may pass a By-law permitting or directing "^ ^ ^' '^^^ the old road, or part of a road, to be closed up and embraced within the enclosure of the person from whom ground was taken to form such new road, provided it does not exclude any person residing on or near the line of the old road from a con- venient access to the new road. 16 V. c. 190, s. 3. IS. No Company shall be incorporated under this Act : No Company to be formed. 1. Until the Stockholders have subscr^Ded for stock an untii a suffi- amount sufficient in their judgment to construct the entire cient sum be work ; subscribed. 2. Nor until they have executed an Instrument according And an instru- to the form or to the purport of the Form A ; m>-'n' he exe- ^ '■ cuted. 3. Nor until the Company, or some one of their number, or And six per the Directors named in the said Instrument, have paid to the cent, of capital Treasurer of the Company six per cent upon the amount of st^umeiu"re-°" the capital stock mentioned in such instrument, and have gistered. DD^ registered 468 Cap. 49. Joint Stock Companies, 8fC. 22 Vict. registered such instrument, with a Receipt from the Treasurer of the Company for such payment or instalment, by leaving the original instrument and receipt with the Registrar of any one County in which such road or other work connected therewith is wholly or partly situated or intended to be made. 16 V. c. 190, s. 4. tegistration of 14. Such Registrar shall register the said instrument andre- instrument of ^ ceipt in a registry book to be provided by each Registrar for that receipt how purpose, (for which registry he shall be entitled to a fee of fifty cents ^) and he shall afterwards retain the original docu- ments in his custody, and shall produce the same upon all occasions when legally required to do so by the Directors or Treasurer of the Company, or otherwise. 16 V. c. 190, s. 4. Geaerai Corpo- 15. When the provisions expressed in the two last sections rate powers of including the sub-sections have been Complied with, the Com- «irmed. pany shall be a Chartered and Incorporated Company, by the name designated in the instrument registered as aforesaid ; and may by their corporate name, purchase, hold and convey, any 1 and, tenements and hereditaments, useful and necessary for the purposes of such Corporation. 16 V. c. 190, s. b. Powers of 16. Any such Company, or any other Company heretofore exXre'tltLe'' chartered under any Act of the Legislature for a like purpose, €3ountry and may explore the country lying between the termini of any ancTmateriais I'oad, or supposed to be adapted for the site of any other work connected with such road as aforesaid, and may designate, take, and hold the requisite lands upon the line and within the limits of any such road, or for any such other work according to the provisions hereinafter contained, and may take and carry away stone, gravel, sand, earth and other like materials, from any adjoining or neighbouring lands, and also may cut, make and keep in repair, upon such adjoining or neighbouring lands, Drainage. such ditches, drains and water courses, as may be necessary for, effectually draining or carrying off the water from any such road or other work. 16 V. c. 190, s. 6. Cuttings. 17. Whenever any such road passes through or by any wood or standing timber, such Company may cut down the trees and underwood for one hundred feet on each side of 1 he road, making compensation therefor as hereinafter provided ; Entry on lands, and for the purpose aforesaid, the Company and their agents, servants and workmen, may enter into and upon the lands of any person, doing no unnecessary damage. 16 V. c. 190, s. 6. fin rase owner 1 8- If the owner or occupier of any land, over, through or upon ofpropertyre- which the Company desire to construct any such road or other ■compensation work connected therewith, or from which they desire to take from the Com- materials, or upon which they intend to exercise any of the *OTs^to"be'ap-" powers given to them by this Act, neglects or refuses, upon de- pointcd. njand made by the Directors in that behalf, to agree with them upon 1859. Joint Stock Companies, (^c. Cap. 49. 4g^ upon the price or amount of damages to be paid for or for pas- sing through or over such land, and appropriating the same to and for the uses of the Company, or for materials taken or for the exercise of any such power as aforesaid, the Company may name one Arbitrator, and the owner or occupier of such land may name another, and the said two Arbitrators may name a third, and the said three Arbitrators shall determine the amount which the Company shall pay to such owner or occupier before taking possession of such land or taking materials therefrom or exercising such power as aforesaid. 16 V. c. 190, s. 7. 19. Ifany such owner or occupier neglects to name an Arbitra- iftKepartrira- torforthe space of twenty days after having been required so to do giecis to name- by the Company, or if the said two Arbitrators do not, within the or arbitrator* space of twenty days after their appointment, name such third i-annot agree Arbitrator, or ifany one or more of the Arbitrators, appointed as herein provided, refuses or neglects within the space of ten days after his or their appointment, to take upon him or them the duties hereby imposed, then, upon the application of the Company, or of the said owner or occupier, the Judge of the County Judge County Court of the County within which the land lies may '" appo">'- nominate any disinterested competent person, from any Town- ship adjoining the Township in which such land lies, to act as an Arbitrator for the person so neglecting to name an Arbitrator, or to act in the place of the Arbitrator so refusing or neglecting as aforesaid, and any award made by a majority of the said Arbitrators shall be as binding as if the three Arbitrators con- curred in and made the same. 16 V. c. 190, s. 7. 30. In ascertaining the amount of compensation, the Arbi- Kegard to be trators shall have due regard to the benefits to 'accrue to such J'J"!*" ''t",®'''^ owner or occupier, by the construction oi the said road or other owner. work. 31. Upon the amount of the compensation to be paid being Whendetermi- determined by the award of the Arbitrators, the Company may pany*may tSi- tender the amount to the owner or occupier, and he shall there- dertheainount„ upon execute a conveyance of the land to the Company, or such other document as may be requisite. 23. The Company may after such tender, and whether a Afterwhiehthe conveyance or other document be executed or not, enter upon Coinpanymay II • p 1 1 1 r ^i r .1 /^ enter and pos- and take possession oi such land, lor the use oi the Company, sess. and hold the same, or exercise such power as aforesaid in like manner as if the conveyance thereof or other document had been executed. 33. Noroad,orothersuch workshalleneroachupon any build- As to gardens,^ ing or pass tjirough or upon any pleasure ground, garden, yard "'^'^ "' *' ^' or orchard, nor shall any materials be taken therefrom, nor shall any timber be taken from any inclosed land, without the consent of the owner. 16 V. c. 190, s. 7. 24.. 470 Cap. 49. Joint Stock Companies, SfC. 22 Vict. Owner not no 24. After a sui'vey of a road has been made, the owner ordeTto wade" "^" occupier of land through or along which the road is in- thisAct. tended to pass, shall not, by erecting any building or inclosing any part of such surveyed land as a yard, or by planting fruit trees or forming an orchard thereon, prevent the Company taking possession of such land. 16 V. c. 190, s. 7. How arbitra- gjij. {n (.ase any lands, required by ihe Company for the pur- pointed'when''' poUe. of a road or other such work, or with regard to which any the owners of such power is to be exercised as aforesaid, are held or owned absent" or ulfa- by any persons, bodies politic, corporate or collegiate, whose bietoselior the residence is not within this Province or is unknown to the Com- gaged^& 0™°"^" P^ny? or in case the titles to any such lands be in dispute, or such lands have been mortgaged, or in case the owners of such lands be unknown or unable to treat with the Company for the sale thereof, or for the exercise of any such power by the Company, or to appoint Arbitrators as aforesaid, the Company may name one disinterested competent person, and' the Judge of the Coun- ty Court of the County within which such lands lie, on the ap- plication of the said Company, may name another person, from any Township adjoining the Township in which such lands lie, which persons, together with one other such person to be chosen by them, before proceeding to arbitrate, or, (in the event of their disagreeing as to the choice of such other person) to be chosen by such Judge, shall be Arbitrators to determine what amount the Company shall pay for such lands, or for damages and- by whom the costs of the arbitration shall be paid, and the decision of a majority of such Arbitrators shall be binding. 16 V. c. 190, s. 8. Arecord oftiie ®®- A record shall be made and signed by the said Arbi- awardtobere- trators, or a majority of them, specifying the amount awarded gistered. ^^^ ^^iq costs ; and the record shall be deposited in the Registry Office of the County in or along which the lands are situated, and the Company may thereupon enter upon and take poss'es- sion of such lands for the use of the Company, and proceed with the construction of their road or other work in, along or over the same. 16 V. c. 190, s. 8. lithe Compa- ®'^- In any case of arbitration under this Act, if the Com- nyhaveprevi- pany, before the appointment of their Arbitrator, tendered sum'r "^'^'^'"^ ^ a sum equal to or greater than that awarded by the Arbitrators, the costs of arbitration shall be paid by the opposite party, and maybe deducted by the Company from the amount of the award, before payment thereof, and in case such tender be proved to the satisfaction of the Arbitrators, they shall state the fact and the amount thereof in their award. 16 V. c. 190, s. 8. , , , S8. The Company shall on demand pay to the several par- paid on de- ties entitled to the same the amount so awarded. 16 V. c. 190, ""'"''■ s. 8. 39. 1859. Joint Stock Companies, Sfc. Cap. 49., 47 1 S9. If any such road passes through any tract of land or pro- Cases of land perty belonging to or in possession of any tribe of Indians, or if j,^S"^.o^d any property belonging to them be taken, or any acts done un- e'l fo"'''""" * der authority of this Act occasioning damage to their pro- perties or possessions, compensation shall be made to them therefor, iu the same manner as provided with respect to the property of other individuals, and whenever it is ne- cessary that Arbitrators should be chosen by the parties for settling the amount of such compensation, the Chief Officer of the Indian Department within this Province shall name an Arbitrator on behalf of the said Indians; and where the said lands belong to any tribe or body of Indians, the amount awarded shall be paid to the said Chief Officer, for the use of such tribe or body. 16 V. c. 190, s. 9. 3®. In every case of arbitration under this Act,; the Arbi- Meetings and trators appointed shall fix a convenient day for hearing P''°'^^'^'?'°?*°f the respective parties, and shall give them eight days' notice '''^ ^ '''""■'>""*• at least of the day and place; and having beard the par- ties or otherwise examined into the merits of the matter brought before them, (;he Arbitrators or a majority of them shall, within thirty days of their appointment, make their award or arbitrament thereupon in writing, which award or arbitrament shall be final as to the amount in dispute. 16 V. c. 190, s. 10. 31. All lands taken by any such Company, for the purpose Lands taken lo of any road or other -work as aforesaid, and purchased and paid l'«''''«e »' in- fer by the Company, in the manner hereinbefore provided, shall ™'" ™"'"*' become the property of the Company, free from all mortgages, incumbrances rfnd other charges. 16 V. c. 190, s. 8. S3. If at any time after the formation of any such if the Circeiors Company the Directors be of opinion that it is desirable to tWnic it desira- widen, extend or alter the projected line of road, or to construct &o.'°iheir^"* any side-roads to intersect the original main road,ior to improve woAs, tiiey or repair any road by substituting stone, gravel, plank or other ^rtata'amount: suitable material, or that the original capital subscribed is not by loan or the sufficient to comj)lete the work, the Directors, under a Resolu- s^ock."'^"^^ tion passed by them for that purpose, may either issue deben- tures, signed by the President and countersigned by the Treasurer of the Company, for sums not less in amount than on,e hundred dollars each, and not exceedinginthewholeonehalf of their paid up Capital Stock, or may borrow upon security of the Company, by bond, or by mortgage of the road and tolls to be collected thereon, a sufficient sum of money to complete the same, or they may authorize the subscription of an additional number of shares to be named in their Resolution, a copy of which reso- ntion, under the hand of the President and seal of the Com- pany, shall be engrossed at the head of the Subscription List. 16 V. c. 190,8. 11. 3» 472 Cap. 49. Joint Stock Companies, (^c. 22 VrcT. liist ofhoiders 33. When such a number of new shares have been sub- bl°re^s?ered '° Scribed as the Directors deem it desirable to have registered, the President shall deliver such new list of subscribers to the Re- gistrar having the custody of the original Instrument, and the Registrar shall attach the new list of subscribers to such Instrument, and such list shall thenceforth be deemed part and parcel of the Instrument. 16 V. c. 190, s. 11. Its effects and the obligations and rights of holders of new stock. 34. The subscribers to the list, and those who may there- after enter their names as subscribers thereon with the consent of the Directors, (signified by a Resolution of the Board under the hand of the President and seal of the (Company,) shall be subject to all the liabilities and entitled to ^11 the rightsj be- nefits, privileges and advantages to which the original sub- scribers are entitled, and as well to the first line of road as to any widening, extension or alteration thereof. 16 V. c. 190, s. 11. .> Stock may be 35. Such additional shares or stock may be called in, de- "^ '"■ manded and recovered, in the same manner and under the same penalties as provided or authorized in respect of the original shares or stock of the Company. 16 V. c. 190, s. 11. Share $20 each 36. Each share in any such Company shall be twenty dollars, how transfer- and shall be personal property, and be transferable upon the books of the Company, in the manner provided by any By-law made by the Directors in that behalf. 16 V. c. 190, s. 12. Affairs of the 37. The affairs, stock, property and concerns of any Com- managed'by ^ P^^Y formed as hereinbefore mentioned or provided, shall for five directors, the first year be managed and conducted by five Directors, who shall be named in the Instrument registered, and thereafter the Stockholders shall, annually, on the second Monday of De- cember, elect five Directors according to the provisions of a By-law to be passed by the Directors for that purpose. 16 V. c. 190, s. 13. Provisions of 38- Every such By-law shall regulate — By -laws touch- ing their elec- , rnl r *■ tion. 1. The manner of voting ; 2'.- The place and hour of meeting for the election ; and 3. Any other matters, except the day of election, which the Directors deem necessary to carry out the provisions of this Section. 16 V. c. 190, s. 13. l^otice of By- law to be pub- lished. 39. Every such By-law shall for three successive weeks be inserted in the newspaper, or one of the newspapers published nearest the place where the Directors usually meet for conduct- ing the business of the Company, and the Directors may alter, change or amend such By-law, and shall publish the same in ; ~ the 1859. Joint Stock Companies, SfC. Cap. 49. 47S the manner above provided, and a majority of such Directors shall be a quorum for the transaction of business. 16 V. c. 190, s. 13. 40. If the Annual Election of Directors does not take place As to faiime to at the time appointed, the Directors for the last preceding year '^^^'^^ Directors. shall continue to serve until another Election of Directors be tion. held, and such other Election shall be held at such time within one month after the appointed time as may be provided for by a By-law passed for that purpose. 16 V. c. 190, s. 13. 41. At any Election of Directors, each Stockholder shall be.one vote for entitled to one vote for every share of stock he holds in the eachshare. Company, and in respect of which he is not in arrear for any call thereon. 16 V. c. 190, s. 13. 42. Any Stockholder, who has paid all calls made, shall Any stockhoki- be eligible as a Director. 16 V. c. 190, s. 13. rears may be a Director. 43. The Directors may elect one of their number to be Pre- a President, sident, and may appoint such officers and servants as they officers, and J J • »i • J. .• » 1 ■. servants to be deem necessary ; and in their discretjon may take security appointed. from such officers and servanis, for fhe due performance of their duties, and that they will duly account for all moneys coming into their hands for the use of the Company. 16 V. c. 190, s. 14. 44. If any vacancy happens amongst the Directors during vacancies oc- the year for which they have been appointed, such vacancy shall cumng among- be filled for the remainder of the year, by a Stockholder who to"be filled up] shall be nominated by a majority of the remaining Directors, imless some By-law or Regulation of the Company otherwise provides. 16 V. c. 190, s. 15. 45. At such time and in such payments or instalments (not Directors to exceeding ten per cent, at any one time,) as the Directors deem rnake calls on proper, and upon a notice requiring such payment inserted for four successive weeks in the newspaper, or one of the newspapers published nearest the place where the Directors of the Company usually meet for the transaction of business, the Directors may call in and demand from the Stockliolders thereof, the sums of money by them respectively subscribed. 16 V. c. 190, s. 16. 46. Any Shareholder neglecting or refusing for three shares forfeitect months after the time appointed for payment thereof, to pay a ifcaiis be not rateable share of any calls so made, shall forfeit his shares in certain time!^ the undertaking, and all the profit and benefit thereof, and all such forfeitures shall go to the Company for its benefit. 16 V. c. 190, s. 16. 4r. 474 C^P- '*9- Joint Slock Companies, fyc. 22 Vict. Howforieitiires 4,7. No advantage shall be talcen of any such forfeiture dared'^'''''' unless the stock be declared forfeited at a General Meeting of the Company, assembled at any time after such forfeiture incurred. 16 V. c. 190, s. 16. Forfeiture to be 48. Such forfeiture shall be an indemnification to the tion"'&'c"''''^" Shareholder so forfeiting, against all actions, suits or prosecu- tions for any breach of contract or other agreement between such Shareholder and the other Shareholders with regard to carrying on the undertaking. 16 V. c. 190, s. 16. Sale of forfeited 4®. The Directors of th€ Company may sell to any Share- shares, holder or to any other person, either by public auction or private sale, and in such manner and on such terms as to them seem meet, any shares so declared forfeited, or may pledge such shares for the payment of loans or advances thereon, or of any sums of money borrowed or advanced by or to the Company. 16 V. c. 190, s. 16. Transfer to 50. A Certificate of the Treasurer of the Company- that the purchaser. forfeiture of the shares was declared, shall be sufficient evi- dence thereof, and if sold, such certificate expressing therein the fact of sale and the name of the purchaser, together with the re- ceipt of the Treasurer for the price of the shares sold, shall con- stitute a good title to the purchaser. 16 V. c. 190, s. 16. ■Certificate tote 5t. Such certificate shall be by the Treasurer enregistered registered, &c. ^j^ (jjg name and with the place of abode and occupation of the purchaser, and shall be entered in the books required to be kept by the By-laws of the Company. 16 V. c. 190, s. 16. Purchaser not ^*2 The purchaser of the shares SO sold shall not be bound to see to the to see to the application of the purchase money, nor shall his purchase°mo- '^^1^ ^o such shares be affected by any irregularity in the pro- ney- ceedings in reference to the sale. 16 V. c. 190, s. 16. Company may S58. Any such Compnny may, in any Court having jurisdic- sre^ad°'^f f"f''t" ^^^^ ^^ matters of simple contract to the amount denrianded, ing sioclc. sue any stockholder in the Company for any call which such stockholder neglects to pay, after notice of the call having been made has been inserted for two weeks in the newspaper, or one of the newspapers published nearest the place where the Directors of the Company usually meet for the transaction of business. 16 V. c. 190, s. 17. '? Allegations in S4. In any action or suit brought by the Company against such suit. a Stockholder, to recover the money due for any call, it shall not be necessary to set forth the special matter, but it shall be sufficient for the Company to aver that the Defendant is the holder of one share or more (stating the number of shares) in the Stock of the Company, and that he is indebted to the Com- pany in the sura of money to which the calls in arrear amount, in 1859. Joint Stock Companies^ Sj-c. Cap. 49. 475 in respect of one call or more npon one share or more (stating the number and amount of each of such calls) whereby an action hath accrued to the Company, by virtue of this Act. 16 V. c. 190, s. 17. 55. On the trial or hearing of any such action or suit, it Proof in such shall be sufficient for the Company to prove that the Defen- ^"''' dant, at the time of making the call, was a holder of one or more shares in the undertaking, and that such call was in fact made, and the requisite notice thereof given ; whereupon the Com- pany shall be entitled to recover the amount due upon such call, with interest thereon, unless it appears that due notice of the call was not given ; and the Company need not prove the appointment of the Directors who meide such call, or any- other matter whatever. 16 V. c. 190, s. 18. 56. When there has been no transfer of the shares, proof of Proof in case subscription by the Defendant to the original agreement to take "° transfer stock, shall be sufficient evidence of his holding stock to the amount subscribed. 57. Any two or more Companies, formed for the con- Two or more struction or purchase of Roads intersecting or contiguous to Companies each other, may, with the consent of the Stockholders repre- cases/uufte a™ senting or holding at least two thirds of the Capital Stock °"": Company, of such Companies respectively, (such consent being expressed by a resolution to that effect, adopted at a General Meet- ing of the Stockholders of each Company, to be called for that purpose,) unite and form one Consolidated Company, by such name and on such terms as to them seem meet. 16 V. c. 190, s. 19. 58. Upon the adoption of such resolutions, the Presidents of Registey of In- such Companies may execute under the seals thereof respect- ^'^'iient. ively, an Instrument in the form B., and deliver the same to the Registrar of any one County in Avhich such Roads are wholly or partly situated or intended to be made, who shall re- gifter the same, in the manner prescribed by the thirteenth Sec- tion of this Act, and from thenceforth such Companies shall form one Consolidated Incorporated Company, by the pame • -i-i -ja certain period the road, m a good and efficient manner, withm the period until repairs are limited in the notice, then, from and after the expiration of ™*^'^- such period, and until such repairs be completed, neither the Directors or Council, nor any person authorized by them, shall demand or take any toll from any person travelling, with or without any beast or vehicle, for passing through the nearest toll-gates on either side of the portion or portions of road no re- ported to be out of repair. 16 V. c. 190, s. 35. 88. If after the expiration of the period limited in the no- Penalty for tice before mentioned, and before the required repairs have been ^'^'JJftheroad completed, any person acting as a Keeper of any such toll-gate is out of repair. demands or takes any toll, or refuses to allow any person tra- velling as aforesaid to pass through such toll-gates, without payment thereof, he shall, upon conviction before a Jus- tice of the peace for the County in which such toll-gate is situated, upon the oath of one credible witness, forfeit and pay a sum of not less than one dollar, nor more than four dollars, for every such offence, to be collected or enforced in the How collected. manner prescribed for the collection or enforcement of other penaltiesunder this Act. 16 V c. 190, s. 36. 89. If any person, being either the renter or collector of Penalty for tolls at any gate on any road, takes a greater toll than is JhaMh^proper authorized by law, he shall for every such offence forfeit and toll. EE pay 482 Cap. 49. Joint Stock Companies, fyc. 22 Vict. pay the sum of twenty dollars, to be recovered in the same manner as other penalties imposed by this Act. 16 V. c. 190, s. 37. As to money change. Exemption from toll. 90. No Gate Keeper shall be bound to give change for a 16 V. c. 190, s. 38. larger amount than one dollar Tolls may be charged on mail carriages. Exception as to certain roads. Exception li- mited on the roads last men- tioned. 91. The following persons shall be exempted from the pay- ment of any duties or tolls on embarking or disembarking from or upon any pier, wharf, quay or landing place, or pas- sing any turnpike roads or bridges, or passing any toll-gate or road made or improved under this or any former Act : 1. Her Majesty's officers and soldiers being in proper staff, or regimental or military uniform, dress or undress, and their horses, (but not when passing in any hired or private vehicle) ; 2. Recruits marching by route ; 3. Prisoners under military escort ; 4. Enrolled pensioners in uniform, when called out for train- ing or in aid of the civil power ; 5. Carriages and horses belonging to Her Majesty or em- ployed in Her service when conveying such persons or their baggage, or returning therefrom ; 6. Persons, horses or carriages going to or returning from a funeral ; 7. Any person with horse or carriage going to or returning from his usual place of religious Worship on the Lord's Day ; 8. Any farmer residing on the line of any such road passing any Toil-Gate opposite to and immediately adjoining his farm, when going to or returning from his work on such farm. 16 V. c. 190, s. 39. 9S. Tolls may be charged on vehicles carrying the Mails upon any road or bridge constructed under this or any former Act, or under any special or private Act of Incorporation, but as regards all roads and bridges constructed by the Provincial Government or Board of Works, and transferred to any Company on condition that the Mail should pass free over the same, an exemption from toll shall continue in favor of the Mails ; and in the case of any such last men- tioned road or bridge, there shall be no such exemption in favor of any Mail Stage or other Vehicle drawn by two horses and carrying the Mail and containing or having more than four passengers travelling thereby, or in favor of any Mail Stage or other Vehicle drawn by four horses and carrying the 1859. Joint Stock Companies, t^c. Cap. 49. 4^3 the Mail and eontainino; or having more than eight passengers travelling thereby. 16 V. c. 180, s. 40. 93. But every such Mail Stage or Vehicle drawn by Rate of toll ii tAvo horses, and containing more than four passengers, and ™a*s more than every such Mail Stage or Vehicle drawn by four horses 4 or 8 passen- and containing or having more than eight passengers travelling prarespective- thereby, shall for every extra passenger beyond four or eight respectively, be liable at each gate to a toll of one penny. 16 V. c. 190, s. 40. 94. Nothing herein contained shall affect the rate of toll As to roads which any parly is entitled to collect under any lease or con- fo"eThe i4th*' tract executed before the fourteenth June, one thousand eight June, i853. hundred and fifiy-three. 16 V. c.- 190, s. 40. 95. If any person not exempted by law from paying toll. Penalty for wilfully passes or attempts to pass any toll-gate, check-gate tempting lo*'' or side-bar lawfully established, without first paying the legal pass gates, &c., toll, he shall forfeit a sum not exeeedins: twenty dollars and costs, without pay- ' 1-1 ° , n ^ r r ■ ment of toll. to be recovered in the same manner as other nnes and forfeitures may be levied under this Act, and in case no sufficient distress can be found to satisfy a Warrant issued against the goods and chattels of the offender, such offender shall then be committed to the Common Gaol of the County for any period not exceeding one month. 16 V. c. 19t), s. 41. 96. In case the offender after conviction neglects or refuses imprisonment to pay the amount of the fine and costs, arid it be by affidavit, In oertakf' ^""^^ made to appear to the satisfaction of the acting Justice, cases. that the offender has no goods or chattels within the juris- diction of such Justice, a Warrant of Commitment may issue, and the party convicted may be imprisoned thereon in the first instance upon any conviction under the last preceding Section of this Act, without issuing any Warrant of Distress against goods and chattels. 16 V. c. 190, s. 41. 97. If any person, subject or liable to the payment of any Mode of en- toll by virtue of this or any former Act, neglects or refuses after ^'/nt'of tX' in demand thereof, to pay the same, the person authorized case of refusal to collect such toll, may by himself, or taking such assistants ^° P^y- as he thinks necessary, seize or distrain any horse, cattle, carriage or other thing in respect of which such toll is im- posed, together with their respective bridles, saddles, gears, harness or accoutrements (except the bridle or reins of any horse or other beast separate from such horse or beast) or any carriage in respect of the horses or cattle drawing the carriage on which such toll is imposed, or any of the goods and chattels of the person so required to pay. 16 V. c. 190, s. 42. 98. If the toll so neglected or refused to be paid, and J^i'hi'nfour''' the reasonable charges of such seizure and distress be days after EE^ not 484 Cap. 49. Joint Stock Companies, Sj-c. 22 Vict. seizure, sale .to lake place. Penalty on persons using a road and turning off the same in order ■to avoid pay- ment of toll. not paid within the space of four days next after such seizure and distress made, the person so seizing and dis- training, after having given four days' public notice thereof, may sell the horse, beast, cattle, carriage and things so seized and distrained, or a sufficient part thereof, returning to the owner thereof upon demand the overplus of the money arising from such sale (if any), and what shall remain unsold after such tolls and the reasonable charges occasioned by such seizure, distress and sale, have been deducted. 16 V. c. 190, s. 42. 99. If any person, after proceeding on such road with any waggon, carriage or other vehicle or animal liable to pay toll, turns out of the road into any other road or field or piece of land, for the purpose of avoiding the payment of toll, and enters upon the said road beyond any of the said gates or check-gates by crossing the road or otherwise without paying toll, whereby the payment of toll is evaded, such person, or the owner of such vehicle or animal, shall, for every such offence, forfeit and pay the sum of two dollars and costs ; and any one Justice of the Peace for the County in which such part of the road is situated shall, on conviction of the offender, fine him in the said penalty and costs, and shall cause the same to be levied as aforesaid. 16 V. c. 190, s. 43. Penalty on persons allow- ing others to pass through their lands to avoid payment of toll. 1®©. If any person permits or suffers any other person to pass through any lands occupied by such first mentioned person, or through any gate, passage or way thereon, with any carriage, sleigh, horse, mare, gelding or any other animal liable to the pay- ment of toll, (isach other person, before or after passing through such lands, having travelled more than one hundred yards upon the road,) whereby payment of the toll is avoided, the person so offending, and also the person riding or driving, or the owner of the animal or carriage the payment whereon is so avoided, shall, on conviction before any one Justice as afore- said, incur a penalty not exceeding four dollars and not less than one dollar, to be levied as aforesaid, with costs. 16 V. c. 190, s. 44. Penally on 10 1 . If any person leaves upon a Toll road any horse, cattle, persons leay- qj. carriage by reason whereof the payment of any toll or duty is on the road so ' avoided or lessened, or takes off any horse or cattle from any astoavoidpay- vehicle, either before or after having passed through any toll-gate, or, after having passed through any toll-gate, adds or puts any horse or other beast to any such carriage and draws therewith upon any part of any such road, so as to increase the number of horses or other beasts drawing the vehicle after the same has passed through such toll-gate, whereby the payment of all or any of the tolls has been evaded, he shall forfeit and pay a sum not exceeding four dollars, to be levied as aforesaid, with costs. 16 V. c. 190, s. 45. 103. 1859. Joint Stock Companies, Suits to be brought within six months. in respect of which such fine and forfeiture have been imposed for the use of such Company or Municipality. 16 V. c. 190, s. 52.. 110. No action or suit shall be brought for any matter or thing done in pursuance of this Act, unless such action or suit be brought within six months next after the fact com- mitted, and the Defendant in any such action or suit may plead the general issue only, and on the trial give this Act and the special matter in evidence. 16 V. c. 190, s. 53. 111. In any action or suit brought by or against any such Company, upon a contract or for any matter or thing what- soever, any Stockholder, or any officer or servant of the Com- pany, shall be competent as a witness, and his testimony shall not be deemed inadmissible on the ground of interest, or of his being such servant or officer. 16 V. c. 190, s. 54. 1 12. Notwithstanding any irregularity in the formation, registration or management of any Company for the con- struction or purchase of any road or other work connected therewith under the provisions of any Act passed before the fourteenth day of June, one thousand eight hundred and fifty- three, and notwithstanding all the requirements of any such Act had not been strictly complied with, all such Companies which had theretofore bond fide proceeded in the construc- tion or purchase of any road or other work, shall be held to be duly organized, formed, registered, constituted and managed under such Act ; But nothing in this clause con- tained shall be construed to confirm the establishment or man- agement of any such Company, when any irregularity has occurred in the formation, registration or management of the same, unless such Company had bond fide proceeded with the construction of or had purchased such road or work before the said fourteenth day of June, one thousand eight hundred and fifty-three. 16 V. c. 190, s. 55. 113. Nothing in this Act contained shall affect the rights of any party in any proceeding, action or suit in any Court of Law or Equity pending at the time this Act takes eifect. 16 V. c. 190, s. 55. Directors to 114. The Directors of every Company incorporated under report annually this or any former Act, shall, in the month of January in each Manlipaiity. .V^ar, report to the Municipal Council of the County having juris- diction within the locality through or aloirg the boundary of which the road passes, or wherein the other work has been constructed : Officers and Stockholders may be wit- nesses. Companies formed boncL fide under former Acts confirmed not- withstanding informality in their forma- tion, &c. Must have pro- ceeded with their work. As to pending cases. 1. The cost of the work ; 2. The amount of all money expended 3. 1859. Joint Stock Companies, ^c. Cap. 49. 4 §9 3. The amount of the Capital Stock, and how much paid in ; 4. The whole amount of tolls expended on such work ; 5. The amount received during the year from tolls and all other sources, stating each separately ; 6. The amount of dividends paid ; 7. The amount expended for repairs ; and 8. The amount of debts due by the Company, specifying the object for which such debts respectively were incurred. 16 V. c. 190, s. 56. 1 15. Every Company formed under this or any former Act Company to shall keep regular books of account, in which shall be en- ^oq^/^^"'*' tered a correct statement of the assets, receipts and disburse- ments of the Company. 16 V. c. 190, s. 56. 1 16. Such Books shall be at all times open to the inspection Open to the in- of any person or persons who may for that purpose be appointed jSun/cipiiifty!^ by the Municipality having jurisdiction as aforesaid. 16 V. c. 190, s. 56. 167. Every such Inspector may take copies or extracts from And afford the the books, and may require and receive from the Keeper of such ^f^^^^^ °\[^ books, and also from the President and each of the Directors of all information the Company, and from all the other officers and servants there- ''equired. of, all such information as to such books, and the affairs of the Company generally, as such Inspector deems necessary for the full and satisfactory investigation into and report upon the state of the affairs of the Company. 16 V. c. 190, s. 56. 118. After twenty-one years from the time of completing any After 21 years such road or any other work authorized to be constructed by any piXorfof the" Company under this or any former Act, any Municipal authority work, the pro- representing the interests of the locality through or along the fy'i^ypuJ?"''" boundary of which such road passes or in which the work is chase the stock situated, may purchase the stock of the Company at the current af'^s^currenT'^ value thereof at the time of purchase, and hold the same for value. the use and benefit of the said locality. 16 V. c. 190, s. 57. 119. If the Company and the Municipality cannot agree Vaiue of stock upon the value, the same shall be ascertained by -A.rbi-^^^®^®j.^j™"" trators to be appointed and to act in the manner herein- tors. before provided in other cases ; and such Municipal authority shall thenceforth stand in the place and stead of the Company, and shall possess all such powers and authority as the Com- pany had theretofore possessed and exercised. 16 V. c. 190, s. 57. 120. 490 Cap. 49, Joint Stock Companies, <^c. Vict. Legislature may amend tins Act. ISO. Notwithstanding the privileges conferred by this Act, the Legislature may, at any time hereafter, in their discre- tion, make any such additions to this Act, or such alterations in any of its provisions, as they think proper for affording just protection to the public, or to any person or persons, body cor- porate or politic, in respect to their estate, property, or right or interest therein, or any advantage, privilege or convenience connected therewith, or in respect to the same. 16 V. c. 190, s. 58. Certain sec-- IS I. The provisions contained in the tenth, eleventh, twelfth, Act to° extend sixteenth to the thirty-sixth, forty-third, forty-fifth to sixty- ninth, to all Turn- seventy-fost and seventy-third to one hundred and nineteenth ■constru°caed Sections of this Act, all inclusive, shall extend to and regulate all under Statutes. Turnpike Road Companies in Upper Canada in the collection of Tolls or otherwise, whether constructed under this or any Act in the first section of this Act referred to, or under an Act passed in the Session held in the twelfth year of Her Majesty's Reign, chapter five, and intituled, An Act for the better manage- ment of the Public Debt, Accounts, Revenue and Properly, or constructed by or belonging to the Municipality of any County, Town or Village, authorized to construct or acquire a road under any Act of the Parliament of this Province ; But lower rates of toll upon any road hereafter transferred to any Com- pany by the last mentioned Act, may be fixed or established in the order of the Governor in Council, transferring the same to any such Company ; And the provisions contained in the sixteenth to thirty-sixth, fifty-seventh to sixty-ninth, seventy- third and seventy-fourth, eightieth to ninetieth, ninety-second to one hundred and tenth, one hundred and eighteenth to one hundred and twentieth, all inclusive, together with this provi- sion, shall also extend to Road Companies having private Acts of Incorporation, but no other Sections of this Act shall apply to such Companies. 16 V. c. 19U, s. 59. Road Compa- nies to lay down in grass all cleared lands belong- ing to them and adjoining their roads. Penalty for default. 1S2. Every Company incorporated under this Act or any of the Acts in the first section of this Act referred to, shall, when- ever it may be necessary, sow with grass seed all cleared land or ground belonging to such Company and adjoining their road or roads, and cause the same, so far as may be, to be covered with grass or turf, and cause all thistles and other weeds growing on such land or ground, to be cut down and kept constantly cut down, or to be rooted out of the same ; and if any such Company fails so to do, such Company shall thereby incur a penalty of two dollars for each day on which they fail to comply with any of the requirements of this section, within eight days after having been required to comply with the same by a notice to be served on the Company on the part of the Reeve of the Municipality of the Township within which the land or ground lies. 16 V. c. 190, s. 60. 1»J3. 1859. Joint Stock Companies, Sfc. Cap. 49. ^91 _ 123. If the Company has not, after the expiration of such ifafterSdnys eight days, complied with the notice, the Reeve may cause ihe Company does not com- ply with notice, all such things to be done as the Company were by the notice lawfully required to do, and the Municipality may JReevemayr recover to and for the use and purposes of the Municipality, '^°' the expense of so doing, together with such penalty, and all costs and charges, from the Company by action of debt, in any Court having jurisdiction in civil cases to the amount sought to be recovered. 16 V. c. 190, s. 60. 13,4. The following are the forms referred to in the fore- going sections of this Act : FORM A. See Sec. 13, No. 2. Be it remembered, that on this day of in the year of our Lord, one thousand eight hundred and , we, the undersigned Stociiholders, met at , in the County of . , in the Province of Canada, and resolved to form ourselves into a Company, to be called {here insert tlip corporate name intended to bf. taken by the Company,) according to the provisions of a certain Act of the Parliament of the Province, intituled. An Act, SfC, (insert the title of this Act) for the purpose of constructing a road from {the commencement of the intended road) to {the termination thereof, describing the Line, of intended road, or other such work as aforesaid;) And we do hereby declare that the Capital Stock of the said jPompany shall be dollars, to be divided into shares, at the price or silm of twenty dollars each ; And we, the undersigned Stockholders, do hereby agree to take and accept the number of shares set by us opposite to our res- pective signatures, and we do hereby agree to pay the calls thereon, according to the provisions of the said in part recited Act, and of the Rules, Regulations and Byrlaws of the said Company, to be made or passed nn that behalf ; and we do hereby' nominate {the names to be here inserted to) be the first Directors of the said Company. B. 492 Cap. 49, 50. Joint Stock Companies, (^c. 22 Vict. B. See Sec. 58. Be it remembered that on the day of , in the year of our Lord, one thousand eight hundred and the Stockholders of the "Township of Road Company," (as the case may be), and the Stockholders of the " Town or Municipality of Road Company," {as the case may be), met at , in the County of , and then and there, by a majority of the Stock- holders holding or representing at least two thirds of the Capital Stock of each of the said Companies respectively, re- solved to unite the said Companies into one Consolidated Incorporated Company, to be called the Consolidated Road Company , according to the provisions of the fifty-seventh, fifty-eighth and fifty- ninth Sections of a certain Act of Parliament of this Province, intituled. An Act, {here insert title of this Act,) upon the terms following, that is to say : {here set out the terms upon which the Companies agree to unite.) And we do hereby declare that the Capital Stock of the said united Company is {as the case may be), divided into shares of twenty dollars each. In testimony whereof, we have hereunto set our Hands and affixed the Seals of the said respective Companies, this day of one thousand eight hundred and A. B. President, &c. [l. s.] C. D. President, &c. [l. s.] CAP. L . An Act respecting Joint Stock Companies for the construction of PierS, Wharves, Dry Docks and Harbours. HER Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows : HowCompa- 1- Any number of persons, not less than five, may form nies may be themselves into a Company for the purpose of constructing a Pier or Wharf, or for dredging or deepening or making a Har- bour, or for the erection of a Dry Dock and Marine Railway connected therewith. 16 V. c. 124, s. 1. Company to S. When a Company has been formed under this Act, and a of^s^ocStioIf' ^"ffi^^^"*^ amount of Stock has been taken, adequate in their withre^stra? judgment to complete the work, the Stockholders shall execute of County. an Instrument according: to the form followins : Be 1859. Joint Stock Companies for Piers, cfc. Cap. 50. 493 Be it remembered, that on this day oi , in the year of our Lord, one thousand eight hundred and , we, the undersigned Stoclvholders, met at , in the County of , in the Province of Canada, and resolved to form ourselves into a Company, to be called (insert the name intended to be taken by the Company,) according to the provi- sions of a certain Act of the Parliament of this Province, intituled, An Act, SfC, {insert the title of this Act,) for the pur- pose of constructing a Pier (or Piers,) Wharf {or Wharves,) and making {or dredging) a Harbour {or constructing a Dry Dock,) at {name of the place.) And we do hereby declare that the capital Stock of the said Company shall be dollars, to be divided into Shares, at the price or sum of twenty dollars each. And we, the 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 in part recited Act, and of the Rules and Regulations, Resolutions and By-laws of the said Company to be made or passed in that behalf; and we do hereby nominate {the names to be here inserted) to be the first Directors of the said Company. Name. Number of Shares. Amount. And the said stockholders shall register such Instrument with the Registrar of the County in which the work is situated. 16 V. c. 124, s. 2. 3. When the requirements contained in the preceding Sec- company to be tion have been complied with, the Company shall thenceforth a Corporation become and be a chartered and incorporated Company, by the quirements^'be- name designated in the Instrument registered; and by suoh ing complied name, they and their successors may acquire any lands, tene- ^^^ ■ ments and hereditaments useful and necessary for the purpose of the Corporation, and may, in their discretion, sell and con- vey the same. 16 V. c. 124, s. 3. 4. Before any such Company proceeds with their work, they consent of shall obta,in the consent of the Municipality within which the Municipality to work is proposed to be made, and such Municipality may fix ^ ° "^""^ ' the limit and boundary of a proposed Harbour. 16 V. c. 124, s. 1. 5. No Conipany so formed shall take any. private property Company not without the consent of the owner, or take or interfere with any o°cr'cr^"™o! property belonging to the Crown without the approval of the perty, without Governor in Coundil, or obstruct any Harbour in use, or '=°''^'^"' = """^ interfere 494 Gap. 60. Joint Stock Companies for Piers, 8fC. 22 Vict. interfere willi Companies previously chartered. interfere with any Company chartered or any Board of Com- missioners incorporated for the construction of a Harbour when this Act takes effect. 16 V. c. 124, s. 1. AiTairs to be 6. The affairs, stock, property and concerns of every such fiireDireciors Company shall, for the first year, be managed by five Directors, to be named in the Instrument registered, and thereafter When, by to be annually elected by the Stockholders, on the second ■whom and how Monday of December in each year, according to the provisions """""*"''° "'°"*" of a By-law to be passed by the Directors for that purpose. 16 V. c. 124, s. 4. Directors elect' ed, Kequirements of By-law. 7. Such By-law shall regulate : 1. The manner of voting ; 2. The place and hour of meeting for the election ; 3. The qualification of voters and of Candidates for the Direction ; and By-Law, how published, &c. Directors may amend By-law. Majority ot Directors to be a quorum. Failure to elect Directors not to dissolve Company. Stockholders not in arrear entitled to one vote for every share held by hini. 4. Any other matters, except the day of election, which the Directors deem necessary to carry out the foregoing provisions. 16 V. c. 124, s. 4. 8. Such By-law shall be published for three successive weeks in the newspaper, or one of the newspapers, published nearest the place where the Directors of the Company usually meet for conducting the businebs of the Company. 9. The Directors may alter, change or amend such By-law, whenever they see proper, but they shall always publish the amended By-law in the manner above provided. ^ 1®. A majority of the Directors shall be a quorum for the transaction of business. 16 V. c. 124, s. 4. 11. If the annual Election of Directors for any cause do not take place at the time appointed, the Company shall not thereby be dissolved, but the Directors for the tinae being shall, in that case, continue to serve until another election of Directors has been held, and such other election shall in such case be held within one month thereafter, at the time provided by a By-law to be passed by the Directors of the Company for that purpose. 16 V. 0. 124, s. 4. 13. At any election of Directors, each Stockholder shall be entitled to one vote for every share of Stock he holds or is possessed of in the Company, and upon which such Stockholder is not in arrear for or upon any call in respect thereof. 18 V. c. 22, s. i: 1839. Joint Stock Companies for Piers, ^-c. Cap. 60. 495. 13. Any Stockholder who has paid all calls made, shall be And eligible as eligible as a Director. 16 V. c. 124, s. 4,-18 V. c. 22. s. 1. Director. 14 The Directors may elect one of their number to be the Directors to President, and may appoint such officers and servants as they elect fresideot deem necessary, and may in their discretion, take security from r^'^ftomlffi-' each of them for the due performance of his duly, and that he cars.™"" " will duly account for all moneys coming into his hands to the use of the Company. 16 V. e. 124, s. 7. 15. Each share in every Company shall be twenty dollars shares to be and shall be regarded as personal property, and shall be $20each— tobe transferable upon the books of the Company, in the manner pertyand''tra'ns- provided by By-law to be made by the Directors in that Arable. behalf. 16 V. c. 124, s. 5. 16. Any such Company may sue any Stockholder in the Com- Alter two pany for the amount of any call or calls of Stock which such weeks' notice Stockholder neglects to "pay after public notice thereof for holders may be two weeks in the newspaper, or one of the newspapers, ^"ed. published nearest the place where the Directors of the Com- pany usually meet for the transaction ol business, or after a personal demand for payment has been made from such default- ing Stockholder by the Treasurer of the Company. 16 V. c. 124, s. 6. 17. The oath of the Treasurer shall be deemed sufficient Treasurer's proof of such notice or of such demand, and a copy thereof shall ofdemand""^ be filed in the office of the Clerk of the Court where the suit is heard or decided, or where the trial takes place. 16 V. c. 124, s. 6. 18. If a vacancy happens amongst the Directors during yacaneigg the current year of their appointment, by death, resignation, or amongst Di- permanent residence without the County or Counties in which ghedup, &c. the work is situated, or by any other cause, the vacancy shall, unless otherwise provided by some By-law or Regulation of the Company, be filled up for the remainder of the year in which it happens by a person to be nominated by a majority of the remaining Directors. 16 V. c. 124, s. 8. 19. The Directors of every Company shall annually, in the Directors to month of January, report to the Municipality within which maife annual the work is situate, under the oath of the Treasurer of the nicipaiity. Company — 1. The state and nature of their work ; 2. The amount of all money expended ; 3. The amount of their Capital Stock, and how much is paid in ; 4. 496 Cap. 50. Joint Stock Companies for Piers, 8fC. 22 Vict. 4. The amount of dividends paid and the amount expended for repairs ; and 5. The amouht of debts due by the Company. 16 V. c. 124, s. 13. Company to S©. Every Company shall keep regular books of account, in accoum°&c'^ which shall be entered a correct statement of the assets, receipts and disbursements of the Company, and such books shall be at all times open for the inspection of any person for that purpose appointed by the Municipality. 16 V. c. 124, s. 13. Directors may 31. If the Directors of any Company lind the Stock already increase subscribed insufficient to finish the contemplated Work, they may increase the Capital Stock of the Company. 16 V. c. 124, s. 14. President and ®^- The President and Directors of the Company shall, sub- Directors to fix ject to the approval of the Governor,' fix and regulate, from '° ^' °' time to time, the tolls, rates, dues or wharfage to be received from all vessels entering their Harbour or lying at their Pier or Wharf, and for loading and unloading all goods, wares or mer- chandize in such Harbour, as to them seems meet ; but such tolls, rates, dues or wharfage shall not in any case exceed the amount herein specified. 16 V. c. 124, s. 9. Company may 2S. Any such Company Or their Agent, Officers or Servants, detain vessels may detain any goods, wares or merchandize, or any vessel, thesfmetopay boat or craft, until the legal tolls or charges thereon have been tolls and other paid, and may sell any vessel or boat for the charges for ' "^*' repairs thereof when such charges have remained unpaid for the space of thirty days, and in cases where the charges for wharfage or storage dues on goods, wares or merchandize have remained unpaid for the space of one year, the Company, their Agents, Officers or Servants, after giving ten days' notice of sale, may, by public auction, sell such goods, wares or mer- chandize, or such part thereof as may be necessary to pay such dues, and shall return the overplus, if any, to the owner or owners thereof. 16 V. c. 124, s. 10. Municipal Cor- ^^r. Any Municipal Corporation having jurisdiction in porationsmay the locality in which any such work is to be constructed. Company.'" ^^1 subscribe for, obtain, hold, or depart with, and transfer Stock in the Company, and may from time to time direct the Mayor, Reeve, Warden or other Chief Officer of the Municipality, to subscribe for such Stock in the name of the Municipality, and to act for the Municipality in all matters relative to such Stock and the exercise of the rights of the Municipality as a Stockholder, and such Chief Officer shall, whether otherwise qualified or not, be deemed a Stockholder in the company, and may vote and act as such, subject to the rules alid orders in relation to his authority, which may be made 1859. Joint Stock Companies for hifrs, S/'C. Cap. 50. 497 made in that behalf by the Mnnieipal Council, but voting accord- ing to his discretion in cases not provided for by such Council. 16 y. c. 124, s. 11. S3. Any Municipality so taking Stock may pay for the Municipality same out of any moneys belonging to the Municipality, ""'V P^y 'o' and not specially appropriated to any other purpose, and may unappropv?ated apply the moneys arising from the dividends or profits on moneys of Mu- the stock or from the sale thereof, to any purpose to which """P^'''^ unappropriated moneys belonging to the Municipality may lawfully be applied. 16 V. c. 124, s. 11. 3S. Any Company may sell to any Municipality represent- Munidpaiities ing the interest of the locality in which the work is situate, may purchase and any such Municipality may purchase the Stock of such ^^'"^^' Company at the value agreed on between them, and such Mu- nicipality shall hold the same for the use and benefit of the locality ; and shall, in all respects thereafter, stand in the place of the Company, and shall possess all such powers and authority as the Company had theretofore possessed and exer- cised. 1§ V. c. 124, s. 12. 37. Any Municipality desirous of purchasing any such Municipality work, may borrow money or raise the means of paying therefor, may borrow by By-law to be passed under the provisions df the Act respect- Xiseworkun- ing the Consolidated Municipal Loan Fund. 16 V. c. 124. der Municipal „ to Loan Fund »• i'i- Act. 98. Any such Company may borroAV money on the security company may of such work, not exceeding one half the value thereof. 16 V, borrow money 'r> 15>4 «! 1H on security ot C. 14% S. 10. ^ojIj S9. [n case any Pier or Wharf constructed by any Joint ggj^^jf^g^l^g Stock Company incorporated under the Laws of Upper Canada to pass the has been sold or be sold after this Act takes effect, either by r^J^p^i^to such Joint Stock Company or under some power granted by the purchaser, them, or under legal process against such Company, the sale or sales shall, in all cases, be deemed to have passed and to pass such Piers or Wharves to the purchaser or purchasers thereof, with all the rights, privileges and appurtenances, and subject to all the duties and obligations which the Law gave or imposed with reference lo such Pier or Wharf, whilst the same continued the property of the Joint Stock Company which had constructed the same. 22 V. c. 43, s. 1. (1859.) 30. So soon as any such Pier, Wharf or Harbour is company may so far corripleted as to be capable of receiving and shelter- demand tolls, ing vessels, and of safely loading and unloading the same, ^ou^tt &c, the Company may demand and take as toll or a wharfage to and for their own use and benefit, on all goods, wares and merchandise shipped on board or landed out of any vessel, boat or other craft from or upon any such Pier or Wharf FF within 49i Cap. 50, 51. Joint Stock Companies for Piers, Sj-c. 22 Vict. within the bounds of every such Harbour, not exceeding, the following, that is to say : Municipality, after 21 years, may purcliase the stock of Company. Legislature may alter and amend this Act, Preamble, s. d. $ cts. Pot or Pearl Ashes per barrel 4 or Pork, Whiskey, Beef, Sah, Lard or Butter, "03 Flour " 2 Lard or Butter per firkin or keg 1 Grain of all kinds per bushel 1 Horned Cattle or Horses each 4 Calves, Sheep or Swine "01 Merchandize per ton 3 Sawed Lurnber, per 1,000 feet board measure. 13 Square or round Timber. . .per 100 cubic feet. 9 Saw-logs 11 Pipe Staves per M., 2 West India Pipe Staves "06 Unenumerated Articles per ton 2 Boats of 12 tons or under each 10 " over 12 tons and not over 50 " 2 " over 50 tons "3 0* 16 V. c. 124, s. 06| 05 03| 01| 01| 06| Oil 60 25 15 03| 40 10 40 20 40 60 16. 31. Any Municipal Council representing the interests of the locality in which the work is situate, may, after twenty-one years from the time of such work being so far completed as that tolls were and have been collected thereon, purchase the Stock of such Company at the current value thereof at the time of purchase, and shall hold the same for the use and benefit of such locality ; and such Municipality shall thenceforth stand in the place of the Company, and the Council thereof shall possess all such powers and authority as the Company had theretofore possessed and exercised. 16 V. c. 124, s. 17. 3S. Notwithstanding the privileges conferred by this Act, the Legislature may, at any time hereafter, in their dis- ' cretion, make any such additions to this Act, or such altera- tions of any of its provisions, as they think proper; for affording just protection to the public, or to any person or per- sons, body corporate or politic, in respect to their estate or pro- perty, or right or interest therein, or any advantage, privilege or convenience connected therewith, or in respect to any right, public or private, that may be affected by any of the powers given to any such corporation. 16 V. 124, s. 18. CAP. LI . An Act for the promotion of Agriculture in Upper Canada. IT being expedient to encourage the formation of Joint Stock Companies authorized to hold land and erect edifices to be used for the holding of periodical fairs or exhibitions for agri- cultural purposes, and that a general law should exist to enable Joint 1859. Joint Stock Co. for ExMVdion Build's. Cap. 51. 499 Joint Stock Companies to purchase and hold land for the pur- poses, aforesaid, and to construct suitable buildings thereon, and to empower Municipal Corporations to subscribe a portion or the whole of the necessary capital for the purposes afore- said : Therefore, Her Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows : 1. Any number of persons, not less than five, may, in Upper companies Canada, form themselves into a Company under the provi- may be formed sionsofthis Act, for the purposes aforesaid. 22V.c.44,s. 1.(1859.) merftS?n the Preamble. 3. When any number of persons not less than five conditions on have subscribed a sufficient quantity of stock to amount to a which any sum equal in their judgment to the amount required for the may becS°^ purchase of the ground necessary for an edifice to be used for incorporated. the purposes mentioned in the preamble to this Act, and the erection of such edifice thereon and of the additional ground required for the holding of Agricultural fairs or exhibitions, and have executed an instrument according to the form in the schedule A to this Act contained ; and 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 have registered such instrument at full length together with a receipt from the Trea- surer of such Company for such first instalment of twenty-five per cent, with the Registrar of the County or city in which such edifice is to be or is intended to be built, such Company shall thenceforth become and be a body corporate by such name as may be designated in the instrument so to be registered as aforesaid ; and they and their successors by their corporate Nameandcor- name shall be capable of taking, purchasing, having and hold- '^°^^ ^ powers. ing any piece or parcel of land in Upper Canada for the pur- pose of erecting such edifice as aforesaid, and also for holding such fairs or exhibitions as aforesaid ; such parcel of land not to contain more than one hundred acres. Ihid, s. 2. 3. The affairs, property and concerns of every such Compa- Directors. ny, formed under the provisions of 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 Quorum. whom shall form a quorum capable of doing business. Ibid, s. 3. 4. The said 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 shall be annually elected by the said stockholders, on the second Monday in January in each and every year ; and upon Voters. the first 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 to vote at any election shares must be unless he has paid all calls upon each share he may hold. Ibid, s. 3. paid"P- FF^ 5. 500 Cap. 51. Joint Stock Co. for Exhibition BuiWs. 22 Vict. President. Casting rote. By-laws, &c. Secretary and Officers. 5. The Directors or a majority of them shall, at their first annual meeting, elect one of their number to be president of such Company, and the president, if present, (or if not present then some Director chosen for the occasion), shall preside'atall meetings, and in case of equality shair have the casting vote. 22 V. c. 44, s. 4. (1859.) 6. The said directors may pass By-laws for the regulation of the affairs of such Company, and shall keep a book in which shall be recorded all By-laws and proceedings and to which any person shall have access for the purpose of searching the same and making extracts iJierefrom, without payment of any fee whatsoever. Ibid, s. 4. 7 . Every such Company shall have a Secretary and Trea- surer and such subordinate officers as the Company by its By- Javvs may require, who shall be elected by the Directors and required to give such security for the faithful performance of the duties of their respective offices as the Company by its By-laws may provide. Ibid, s. 5. 8. Each share in every such Company shall be twenty dollars, and shall be regarded as personal property, and shall be transferable upon the books of such Company, in such manner as may be provided for by the Directors in that behalf. Ibid, s. 6. 9. The Directors of any such Company may call in and demand from the stockholders thereof respectively all sums of money by them subscribed, at such times and in such pay- ments or instalments as such Directors deem proper, under the penalty of forfeiting the shares of stock subscribed for and all previous payments made thereon, if payment be not made by the stockholders respectively, within sixty days after a per- sonal demand, or after notice requiring such payment has been published for six successive weeks in the newspaper nearest the place where the business of the Company is being carried on as aforesaid. Ibid, s. 7. Municipalities 10. Any Municipal Corporation in Canada may subscribe maytakestock, fgr^ acquire, accept, and hold, and may depart with' and transfer stock in any Company to be formed under the autho- rity of this Act, and from time to time may direct the Mayor, Warden, or other chief officer thereof, on behalf of such Municipality, to subscribe for such stock in the name of such Municipality, and to act for and on behalf of such Muni- cipality, in all matters relative to such stock, and the extercise Mayor, &e., to of the rights of such Municipality as a stockholder ; and' the ToJr™'^"'''' ^^y*^'") Warden, or other chief officer shall, whether other- wise qualified or not, be deemed a stockholder in the' Com- pany, and may vote and act as such, subject always to such rules and orders in relation to his authority, as nlay be made in that behalf by such Municipality, by their By- laws, or otherwise, but acting according to his discretion in Shares. To fee person- alty. Calls. Forfeiture of shares tor non payment. 1859. Joint Stock Co. far Exhibition Build's. Cap. 21. 5QI in cases not provided for by such Municipality ; and such Muniripaiiiy Municipality may pay for all instalments of the stock which >"»/ v^v ™"S' they subscribe for and acquire, out of any moneys belong- ''' ing to such Municipality and not specially appropriated to any other purpose, and may apply the money arising from the dividends or profits on the said stock, or from the sale thereof, to any purpose to which unappropriated moneys be- longing to such Municipality may be lawfully applied. 22 V. 0. 44, s 8. (1859.) 1 1. Any Municipal Corporation in Canada may lend money ,, . . ,„ „ •' , "^ r r ■ , , • / n Municipal Cor- to any Company that may be lormed under this Act out of any porationsmay moneys belonging to the Municipality, and not appropriated to [he''Q"^"a^'° any other purpose,, and may effect such loan upon such terms and conditions as may be agreed upon between such Company and the Municipality making such loan, and may recover the money so lent, and may appropriaie the moneys so recovered to the purposes of such Municipality. Ibid, s. 9. 13. Any such Company so to be incorporated as aforesaid Rt-coveiyof may, in any Court having jurisdiction in matters of simple ^'*"'*°''^'°'^'^- ■ contract to the amount demanded, sue for, recover, and receive of or from any stockholder in such Company, the amount of any call or calls of stock which such stockholder may neglect to pay after public notice thereof in the newspaper nearest the place where the business of the Company is being carried on as aforesaid. Ibid, s. 10. 13. In any action or suit brought by ;any such Company ^hat only againsi any stockholder to recover any money due for any peed be stated call, it shall not be necessary to set forth the special matter, but for\"alis.'^ '"" it shall be sufficient for the Company to aver that the Defendant is the holder of one share or more (stating the number of shares) in the stock of the said Company, and that he is indebted to the Company in the sum of money to which the calls in arrear amount, in respect of one call or more upon one share or more, (stating the number and amount of each of such calls,) whereby an action hath accrued to the Company by virtue of this Act. Ibid, s. 11. 1 4. On the trial or hearing of such action it shall be suffi- What only cient for the Company to prove that the Defendant, at the time Jif^ny'^suc™^*'^ of making such call, was a holder of one share or more in the action, undertaking, (and when there has been no transfer of the shares, then the proof of subscription to the original agreement to take stock shall be sufficient evidence of holding slock to the amount subscribed,) and that such call was in fact made, and notice thereof given as is required ; and it shall not be necessary for the Company to prove the appointment of the Directors who made such call, or any other mailer whatsoever ; and there- upon the Company shall be entitled to recover the amoimt due upon such call with interest thereon, unless it appears that due notice of such call was not given. Ibid, s. 1::!. 15. 502 Cap. 51. Joint Stock Co. fur Exhibition BuiWa. 22 Vict. Members, &c., of the Compa- ny may be witnesses. Limitation ol suits for things done under this Act. 15. In any action or suit brought by or against any such Company upon any contract, or upon any matter or thing what- soever, any stockholder, or any officer or servant of the Com- pany shall be competent as a witness, and his testimony shall not be deemed inadmissible on the ground of interest, or of his being such servant or officer. 22 V. c. 44, s. 13. (1859.) 16. If any action or suit be brought against any person or persons for any matter or thing done in pursuance of this Act, such action or suit shall be brought within six months next after the fact committed, and not afterwards ; and the Defendant or Defendants in such action or suit may plead the general issue only, and give this Act and the special matter in evidence on the trial. Ibid, s. 14. SCHEDULE A.— See s. 2. Be it remembered, that on this day of , in the year of our Lord, one thousand eight hundred and , we, the undersigned stockholders, met at in the County of , in the Province of Cana- da, and resolved to form ourselves into a Company, to be called {here insert the corporate name intended to be taken by the Com- pany) according to the provisions of a certain Act of the Parliament of this Province, intituled. An Act for the promotion of Agriculture in Upper Canada, for the purpose of purchasing a parcel of land in the County of , and erecting thereon suitable buildings to be used for the purpose of holding periodical fairs or exhibitions for agricul- tural purposes ; Andwe do hereby declare that the capital stock of the said Company shall be dollars, to be divided into shares at the price or sum of twenty dollars each ; And we, the undersigned stockholders, do hereby agi-ee to take and accept the number of shares, set by us oppo- site to our respective signatures, and we do hereby agree to pay the calls thereon, according to the provisions of the said in part recited Act, and of the rules, regulations, resolutions and By-laws of the said Company, to be made or passed in that behalf : And we do hereby nominate {the names to be here irir serted) to be the first Directors of the said Company. Name. Amount. TITLE 1859. Mutual Insurance Companies. Cap. 62. 503 TITLE 7. MUNICIPAL INSTITUTIONS. CAP. LII. An Act respecting Mutual Insurance Companies. HER Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows : 1. Ten freeholders in any Municipality or Village may™ „ , ,, 11 4.' r ji_ J- 1 1 1 c 1 ■«•■.. 1. "^ Ten freeholders call a meeting ot the Ireeholders of such Municipality of any district or Village, to consider whether it be expedient to estab- maycaUa lish therein a Fire Insurance Company, on the principle of StaS a Fire Mutual Insurance. 6 W. 4, c. 18, s. 1,-18 V. c. 120, s. 2,— insurance 20 V. C. 74, S. 1. Company. 3. In case the meeting is to be a meeting of the freeholders j^^^i^„„ig-i^ of the County, and in case one or more newspapers be published advertiled. therein, such meeting shall be called by an advertisement men- tioning the time, the place within the County and the object of the meeting, published for three weeks immediately preceding such meeting, in all the public newspapers published in the County. 6 W. 4,.c. 18, s. 1,-18 V. c. 120, s. 2. 3. In case no newspaper be published in the County, such How if no advertisement may be posted up in some public place, in three newspaper or more Townships of the County. 6 W. 4, c, 18, s. 1,-18 V. fil'e''ISu^tr e. 120, s. 2. 4. In case the meeting is to be a meeting of the freeholders of Meeting for a Village, or of any Municipality, other than a County, the adver- establishing a tiseraent calling the meeting shall be published, in manner and lagroompany. for the time aforesaid, in the newspaper or newspapers in or nearest to such Municipality or Village. 18 V. c. 120, s. 2. 5. Nothing hereinbefore contained shall prevent the establish- There may be ing of more Mutual Insurance Companids than one in any j?"'® than one County. 18 V. c. 120, s. 1,-6 W. 4, c. 18, s. 1. ihe^Le^ County. 6. In case thirty of such freeholders at least are present at subscription such meeting, and a majority of them determine that it is ex- book to be pedient to establish such Company, they may elect three persons m^orft/be^for from among the then present freeholders of the Municipality establishing a or Village (as the case may be) to open and keep a book, in ^o™?''"^- which all freeholders in the Municipality or Village may sign their names and enter the sums for which they respectively bind themselves to effect Insurance with the Company. 6 W. 4, c. 18, s. 2,-18 V. c. c. 120, s. 3. 7. 504 Cap, 52. Mutual Insurance Companies. 22 Vict. When sub- "^ • Whenever forty or more persons duly qualified have suribers amount signed their names in the Subscription Book, and bound subsmpUonlto themselves to effect Insurance amounting together to forty thou- $40,000, Com- sand dollars, or upwards, such persons and all other persons iormed. " thereafter becoming memlDers of the Company by effecting In- surances therein, shall be a body corporate and politic, by and under the name and style of" The Mutual Fire Insurance Com- pany of the Municipality (naming it) or Village " (naming it), for which the Company has been established. 6 W. 4, c. 18, s. 4,-18 V. c. 120, s. 4. Company may adopt a corpo- rate name. Company may purchase and sell Real and persona) Estate. Thft members may mutually insure each other. 8. Any such Company may, by a By-law passed in the usual manner, adopt any corporate name which the Directors deem expedient, provided they retain the appellation of Mu- tual, but such corporate name shall not thereafter be changed so long as the Company subsists. 22 V. c. 46, s. 2, (185|9.) 9. Every such Company and their successors, may, by and in the Corporate name, purchase, have and hold any estate, real, personal or mixed, to and for the use of the Company, and may from time to time let, convey and otherwise depart therewith on account of and for the benefit of the Company. 6 W. 4, c. 18, s. 4,-18 V. c 120, s. 4. 10. The Company by the name aforesaid may mutually in- sure the respective dwelling Houses, Stores, Shops and other buildings, household furniture, and merchandise, of the mem- bers thereof, against damage or loss by fire, whether the same happens by accident, lightning, or any other means, excepting that of design in the assured, or by the invasion of an Enemy or by Insurrection. 6 W. 4, c. 18, s. 4,-18 V. c. 120, s. 4. Every com- pany may di- vide its bu- siness into two branches. 1 1 . Every Company, when established, may separate their business into two branches or departments, one for the Insurance of isolated buildings and property not hazardous, and the other for Insuring buildings and property hazardous and not hazard- ous. 18 V. c. 120, s. 6,-20 V. c. 74. Scale of risks 13- The Directors of every such Company shall make a to he mf '''''Of scale of risks for each branch, and direct that the accounts of rant . ggpjj shall be kept separate and distinct the one from the other, 18 V. c. 120, s. 7. Members of one branch not to be liable lor claims on the other. Expenses to be divided l.e- tween each branch pro- portionably. 13. Members of any such Compnny Insuring in one branch shall not be liable for any claims on the other branch. 18 V. c. 120, s. 8. 14. All necessary expenses incurred in the conducting and management of such Companies shall be assessed upon and divided between each branch in proportion to the amounts insured in such branches respectively. 18 V. c. 120, s. 8. 15. 1859. Mutual Insurance Companies. Cap. 52. 50S 15. Any ten members of a newly formed Insurance Com- Firstmeeting. dany may call the first meeting of such Company, in the case of a County Insm-ance Company, at such time and place with- in the County, and in the case of any other Municipality or of a Village Mutual Insurance Company, at such time and place within the Municipality or Village, as they may determine. 6 W. 4, c. 18, s. 23,- -IS'V. c. 120, s. 5. 1 6. They shall call such meeting, by advertising the same How called. in such of the public newspapers printed and published within the County, Municipality or Village, or nearest thereto, as they think proper, giving at least, thirty days' notice of the time, place and design of such meeting, as for the purpose of choos- ing the first Board of Directors, of making and establishing By-Laws, and of transacting any business necessary and proper to carry this Act into effect. 6 W. 4, c. 18, s. 23,-18 V. c. 120, s. 5. 1 7. No policy of Insurance shall be issued by a County In- ^o policy to surance Company until application has been made for In- i'^'"^ until surance on fifty thousand dollars at the least, and in the case been appiiS of a Municipality other than a County, or of a Village . In- for ins"i'a"Le. surance Company, not until application has been made for insurance on forty thousand dollars at least. 6 W. 4, c. 18, s. 23,-18 V. c. 120, s. 5 18. Every such Company may hold lands, but such lands Limitation as only as are requisite for the accommodation of the Company in to lands, &c., relation to the convenient transaction of their business, or such the Compan^,. lands as have been bond fide mortgaged to them by way of se- curity, or conveyed to them in satisfaction of debts contracted in the course of their dealings, previously to such conveyance or purchased at sales upon judgments obtained for such debts. 6 W. 4, c. 18, s. 3. 19. The Compa,ny shall not deal or trade in buying or selling company not any goods, merchandise or commodities, nor shall the Com- '" '™'l''' '^"• pany or the Directors in any way exercise the business of Bank- ing. 6 W. 4, c. 18, s. 3,-22 V. c. 46, s. 10. (1859.) 20. The Company may (if the Directors thereof for the time company may being think fit) admit as a member thereof the owner of any msure any pro- property, moveable or immoveable, lying within any part of Up- uppLTa'nada per Canada or of Lower Canada, and may insure the same or Lower Ca- whether the owner of such property be or be not a freeholder "^''^' in the Municipality, or Village, in which the Company has been iiicorporated ; and every person so admitted a member of the Company shall have the same righls and be subject to the same liabilities as the other members of the Company. 4,5 V. c. 64, s. 1,-22 V. c. 46, s. 6. (1859). 9^1 . Every person who becomes a member of the Comp^ry inJor^ed ^°^«^ by effecting irisurances therein, shall, before he receives witifcompany his 506 payable to an officer. Part thereof to be paid to the Treasurer. At the expira- tion of the in- surance, note to be returned. Cap, 52. Mutual Insurance Companies. 22 Vict. his policy, deposit his promissory note payable to the Com- pany, or to some officer thereof, or to some other person for the purpose of , being endorsed by such person in favor of, or to the Company, or to some officer thereof, for such a sum of money as shall be determined by the Board of Directors. 4, 5 V. c. 64, s. 4,-16 V. c. 192, s. 3. 23. A part of the sum secured by such note, to be determined by the Board of Directors, shall be immediately paid to the Treasurer, for the purpose of discharging the incidental expenses of the institution ; and the remainder of such note shall be payable in part or the whole at any time when the Board deems the same requisite for the payment of losses or other expenses. 16 V. c. 192, s. 3. 23. At the expiration of the term of insurance, the note, or such part of the same as remains unpaid, after deducting all losses and expenses occurring during the said term, shall be relinquished and given up to the signer thereof. 16 V. c. 192, s. 3. May take pre- mium in cash. 24. Any such Company may 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 necessary on all insurances for temis longer than one year. 22 V. c. 46, s. 4. (1859.) Insurer to be ®^- Every person insured by the Company, and the heirs, member of the executors, administrators and assigns of every such person Sg"Ee"iCTm'of continuing to be insured therein, shall be members thereof, his policy. during the terms specified in their respective policies, and no longer, and shall at all times be subject to the provisions of this Act. 6 W. 4. c. 18, s. 6. Insurances not 26. The Company may make insurance for any terra not to exceed seven exceeding Seven years. years. " •' 6 W. 4, c. 18, s,. 17. Policies to be void in certain cases. 27. If the assured has a title in fee simple unincumbered to the building or buildings insured, and to the land covered by the same, any Policy of Insurance thereon issued by the Company, which is signed by the President and countersigi?fid by the Secretary, shall be deemed valid and binding on the Company, but not otherwise ; . but if the assured has a less Estate therein, or if the premises be incumbered, the Policy shall be void, unless the true title of the assured, and of the incumbrance on the premises, be expressed therein and in the application therefor. 6 W. 4, c. 18, s. 17. 28. If insurance on any house or building subsists in the Company, and in any other office, or by any other person at the otherCompany ^^"^® time, the insurance in the Company shall be void, unless without con- the double insurance subsists with the consent of the Directors, signified Policy void in case of msur- 1859. Mutual Insurance Companies. Cap. 52. .507 signified by endorsement on the baclc of the Policy, signed by sentofDirect- the President and Secretary. 6 W. 4, c. 18, s. 22. ofS' S9. Whenever notification in writing shall be given to any p.irty intending- Company by an applicant for insurance, or by a person already J"onaf xnguf.'' insured, of his intention to insure, or of his having insured an ance elsewhere additional sum on his property in some other Company, the '^^y^^jj''/"^*^ said additional assurance shall be deemed to be 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 premium note shall cease from the date of such dissent on account of any loss that may occur to such Company there- after. 22 V. c. 46, s. 13. 30. In case any house or other building be alienated by Policy rendered sale or otherwise, the policy shall be void ahd shall be surren- ™^°" f^^^^' dered to the Directors of the Company to be cancelled, and insured. thereupon the assured shall be entitled to receive his deposit note or notes, upon payment of his proportion of all losses and ex- penses that had accrued prior to such surrender, but the grantee or alienee may have the policy assigned to him, and But the as- upon application to the Directors such alienee on giving proper hfve th" same security to their satisfaction for such portion of the deposit or confirmed to premium note as remains unpaid, and with their consent '""J* ^y Direct- within thirty days next after such alienation, may have the policy ratified and confirmed to him for his own use and benefit, and by such ratification and confirmation the party causing the same shall be entitled to all the rights and pri- vileges and be subject to all the liabilities to which the original party insured was entitled and subjected. 6 W. 4, c. 18, s. 19. 31. it being expedient to provide for the speedy and certain ^ny Mutual payment of losses incurred by enabling Mutual Insurance Com- insurance panies to possess a guarantee capital : Therefore any Mutual ra^^^a^^-^ Fire Insurance Company, formed under this Act or any former antee capital Act, may raise by subscription of its members or some of them, 55oo°ooo?''* or by the admission of new members not being persons assttred by the Company, or by loan, or otherwise, a guarantee capital of any' sum not exceeding five hundred thousand dollars, which guarantee capital shall belong to such Company, and 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 of the Company declare and fix by a By-law to be passed before such capital is raised ; and unless such capital be paid off in the manner hereinafter provided. Rights of sub- such By-law shall not be repealed or altered without the con- capjjlif '° ^"'^^ sent of the majority of votes of the shareholders of such capital, either personally or by proxy, at a meeting held for that pur- pose of the holders of such capital, each holder being entitled to a vote for every share of forty dollars held by him. 22 V. c. 46, s. 1. 33. 20 g Cap. 52. Mutual Insurance Compt^nies. 22 Vict. Company may S3. Any such Company may create from the surplus pro- create a Re- fits of the Company, from year to year, a Reserve Fund for pay offguaran- the purpose of paying off the guarantee capital, after which tee capital its affairs and property shall revert to and be vested in the parties insured, as the sole members of the Company. 22 V. c. 46, s. 3. PeriodiVai divi- 23. Every such Company may make a periodical division of Bion oi pioiits. the profits of the Company equitably among the stockholders and policy holders of the Company, after providing for the Reserve Fund above referred to. 22 V. c. 46, s. 5. Alteration of ^4. If any alteration be made m any house or building by premises alter the proprietor thereof, after an insurance has bee'n made thereon msuranee with the Company, wJiereby it is exposed to greater risk or hazard from fire than it was when insurance was effected, the insurance thereupon shall be, void, unless an additional pre- mium and deposit afler such alteration be settled with and paid 10 the Directors, but no alterations or repairs in buildings not increasing such risk or hazard shall affect the insurance previously made thereon. 6 W. 4, c. 18, s. 20. Affairs o( the S»>. The property, affairs and concerns of the Company shall Company to be j^g manai^ed by a Board of Uireclors to be chosen annually on managed bv a . _ p.. i "^ . t i it. i ' i 1 1 • r Board of Direo- the farst Monday in June, and such Board shall consist oi not *°'^- less than seven nor more than fifteen members. 6 W. 4, c. 18, s. 7,-22 V. c. 46, s. 7. (1859.) Numiierof 5S©. Every such Company may, under a By-law to be passed Guormr ^^^ ^^^^^ purpose, elect any number of Directors, not less than seven nor more than fifteen; and any three Directors shall be a quorum. 22 Y. c. 46, s. 7. See post. s. 63. One to be S^' One of such Directors shall be chosen President, and the choojen Presi- President and Directors shall hold their offices for one year. ^^'"- 6 W. 4, c. 18, s. 7,-4, 5 V. c. 64, s. 3. Qtiaiification of 3S- The Directors shall be members of the Company, and Directors. insurers therein for the time they hold office, to the amount of eight hundred dollars at least, and shall be elected at such place within the Municipality or Village, and at such time of the day, as a majority of the Board for the time being ap- point ; and public notice thereof shall be given in such of the provincial newspapers published within such Municipality or Village, and in such other manner as the Board of Direc- tors, for the time being, orders and directs, and at least thirty days previous to the time of holding the Election. 6 W. 4, c. 18, s. 7. Disqnaiiiica- S9. No agent, paid officer or employee of any such Company ''""• shall be eligible to be elected a Director, or be allowed to hold proxies or to interfere in the election of Directors of such Com pany. 22 V. c. 46, s. 12. (1S59.) 40. 1859. Mutual Insvrance^Companics. Cap. 52. nnn 40. The Election of Directors shall be held and made bj Directors may such members of the Company as attend for that purpose in be elected per- their own proper persons, or by proxy, all of which proxies '""xy''*""^^ 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. 6 W. 4, c. 18, s. 7,-22 V. c. 46 s 12. (1859.) 41. The elections for Directors shall be by ballot ; and the ModeofEiec- persons (not le^s than seven nor more than fifteen as the ease tion. may be) having the greatest number of legal votes thereat, shall be the Directors. 6 W. 4, c. 18, s. 7. 43. If at any such election two or liiore members have an in case of a tie. equal number of votes, in such manner that a less number of persons than the whole number to be elected appear to have been chosen Directors, by a plarality of voles, then the said members of the Company shall proceed to elect by ballot until it is determined which of the persons so having an equal num- ber of votes shall be the Director or Directors, so as to complete the whole number of Directors to be elected, and the Directors so chosen shall, as soon as may be after the elec- Election of tion, proceed in like manner to elect by ballot one of their own ^™'*"''^"'* number to be Presideat. 6 VV. 4, c. 18, s. 7. 43. If any vacancies happen among the Directors, during Vacancies to the current year of their appointment, by death, resignation '^^ ™PP''*''- or removal from the Municipality or Village, such vacancies shall be filled up for the remainder of the year, by a person or persons duly qualified to be nominated by a majority of the remaining Directors, and as soon as may be after the vacancy occurs. 6 W. 4, c. 18, s. 7. 44. Each member of the Company shall be entitled to Number of the number of votes proportioned to the amount by him insured votes in pro- at least one month prior to the time of voting, according to the shares! following rates, that is to say : For any sura amounting to four hundred dollars, one vote ; Sixteen hundred dollars, two votes •. Three thousand six hundred dollars, three votes ; And one vole for every two thousand four hundred dollars above three thousand six hundred dollars. 6 W. 4, c. 18, s. 8. 45. In case an election of Directors be not made on the day corporation on which it ought to be made, the Corporation shall not for that not dissolved cause be dissolved, but the election may be held on any sub- ofDireiJujrs otT sequent day within ten months from the day appointed for day specified, holding the annual election according to the provisions of the by-laws and ordinances of the Corporation. 6 W. 4, c. 18, s. 9. 46. 510 Cap. 52. Mutual Insurance Companies. 22 Vict. Directors ap- pointed at sub- sequent day to have all the powers con- tained in this Act. Directors to give bonds to the Treasurer. 46. The Directors elected at such subsequent day shall have all the powers contained in this Act, as if elected on the annual day .of election, and shall hold office for the remainder of the current year of their election. 6 W. 4, c. 18, s. 9. 47. Every Director of the Company, before he enters upon the duties of his office, shall give a bond to the Treasurer of the Municipality or Village in which the Company has been formed, in the sum of two thousand dollars, together with two suffi- cient sureties in the sum of one thousand dollars each, (or such further sum as may be fixed by any by-law or ordinance,) and to the satisfaction of such Treasurer, conditioned for the faithful discharge of the duties of the office of such Director, agreeable to the provisions of this Act, and the by-laws, regulations, ordinances, requirements and restrictions made in pursuance thereof. 6 W. 4, c. 18, s. 24. The Treasurer may institute suits thereon. And shall certi- fy to the Court the name of the plaintiii', requir- ed to give se- curity /or costs. 48. On the complaint of any person injured by the miscon- duct of any Director, the Treasurer, upon receiving security to indemnify him against costs, shall institute a suit at law against such Director and his sureties upon such bond, and shall cer- tify to the Court the name of the Plaintiff in any such suit, and the Court may, on motion of the Defendants in the cause, order the prosecutor to find sureties to indemnify the Defen- dants for their costs, should he fail to prosecute or recover. 6 W. 4, c. 18, s. 24. Reply, in case 49. If the Defendants plead performance of the condition of defendants such bond, the prosecutor may reply as many breaches respect- 'DiC« the amount of his share or shares from the said Society, ac- cording to the rules and regulations thereof, or invest the amount of his said share or shares in the Society, and receive therefrom periodically such proportion of the profits made by such Society as may be provided for by a By-law to be passed for the purpose ; and the amount of such share or shares so inr vested shall become fixed and permanent capital or shares in the said Society not withdrawable therefrom, but transferable in the same manner as other shares in the said Society. 22 V. c. 45, s. 4. 40. Such Society may advance to members on the security Advances on of investing on unadvanced shares in the said Society, and may y^s"i"7o°if '""_ receive and take from any person or persons, or bodies corpo- advanced rate, any Real or Personal Security of any nature or kind si»af«s. whatever as Collateral Security for any advance naade to Mem- bers of the Society. 22 V. c. 45, s. 5. •41. Any Society may hold absolutely Real Estate for the Holding real purposes of its place of business, not exceeding the annual es">ie. value of Six Thousand Dollars. 22 V. c. 45, s. 6. 42. Such Society shall not be bound to see to the execution Society not of any Trust, whether expressed, implied, or constructive, to J'^trusts°tl^^ which any share or shares of its stock may be subject ; and the which its stock receipt of the party in whose name any such share or shares '"subject. stand in the books of the Society, or if such share or shares stand in the name of , more parties than one, the receipt of ^,^^j ^.^^^jp,^ one of the parties shall, from time to time, be a sufficient dis- shall be sufl charge 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 has had notice of such Trust ; and the Society shall not be bound to see to the application of the money paid upon such receipt. 22 V. c. 45, s. 7, (1859.) cient. CAP. continued 524 ^^P" ^^- Municipal Institutions. 22 Vict CAP. LI V. An Act respecting the Municipal Institutions of Up- per Canada. "ER Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows : EXISTING INSTITUTIONS CONTINUED. Municipal Cor- 1. The Inhabitants of every County, City, Town, Village, poraiions. Township, Union of Counties and Union of Townships incor- porated at the time this Act takes effect, shall continue to be a body Corporate, and every Police Village then existing shall continue to be a Police Village, with the Municipal boundaries of every such Corporation and Police Village res- pectively then established. 22 V. c. 99, passim. Police Villages. 2. The Trustees of every Police Village existing when this Act takes effect, shall be deemed the Trustees respectively of every such Village as continued under this Act. Heads, Officers, 3. The Head and Members of the Council, and the Officers, By-laws, &c., Bv-laws, Contracts, Property, Assets and Liabilities of every Municipal Corporation, and the inspecting Trustees of every Police Village existing when this Act takes effect, shall be deemed the Head and Members of the Council, and the Officers, By-laws, Contracts, Property, Assets and Liabilities of such Corporation and the Inspecting Trustees of such Police Village as continued under and subject to the provisions of this Act. NAMES AND GOVERNING BODY. 1 . CORPORATIONS. Names of Cor- 4. The name of every Body Corporate continued, or erected porations. under this Act, shall be The Corporation of the Count,!/, City, Tawny Village, Township, or Untied Counties, or United Toionships (as the case may be ) of (naming the same.) Names ofPro- 5- The Inhabitants of eveiy Junior County upon a Provi- visional Cor- sional Council being or having been appointed for the poraions. County, shall be a Body Corporate under the name of The Provisional Corporation of the County of (naming it.) The Councils 6. The powers of every Body Corporate under this Act, to govern. gij^H be cxcrcised by the Council thereof. 2. POLICE VILLAGES. Trustees in 7. The Police regulations of every Police Village shall Police Villages jjp enforced through the Police Trustees. to govern. ° NEW MUNICIPALITIES. COUNTIES AND TOWNSHIPS. Extension of 8. The Inhabitants of every County or Union of Counties Corporate Mu- erected by Proclamation into an independent County or Union nicipalities. "^ nf 1859. Municipal Institutions. Gap. 64. 525 of Counties, and of every Township or Union of Townships erected into an independent Township or Union of Townships, and of every locality erected into a City, Town or Incorporated Village, and of every County or Township separated from any Incorporated Union of Counties or Townships, and of every County or Township or of the Counties or Townships if more than one, remaining of the Union after the separation, being so erected or separated after this Act takes effect, shall be a body Corporate under this Act. NEW POLICE VILLAGES. 9. On the Petition of any of the Inhabitants of an unin- ^few Police corporatcd Village, the Covincil or Councils of the County or Villages. Counties within which the village is situate, may, by By-law, erect the same into a Police Village, and assign thereto such limits as may seem expedient. NEW INCORPORATED VILLAGES. 10. When the census returns of an unincorporated Village wi. i .... -,. '11 1 1 1 -1 » T° When popula- witn Its immediate neighbourhood, taken under the direc- tion 750, Coun- tionofthe Council or Councils of the County or Counties ^^^""J'^^^ki-'' in which the Village and its neighbourhood are situate, shew that corporate new the same contain over seven hundred and fifty inhabitants, Jfa^^^^ace'f and when the residences of such inhabitants are sufficiently first election, near to form an Incorporated Village, then, on petition, by not ^'^ ^ returning less than one hundred resident freeholders and householders of the village and neighbourhood, the Council or Councils of the County or Counties in which the Village and neighbourhood are situate shall, by By-law, erect the Village and neigh- bourhood into an Incorporated Village, apart from the Town- ship or Townships in which the same are situate, by a name and with boundaries to be respectively declared in the By-law, and shall name in the By-law the place for holding th6 first Election, and the Returning Officer who is to hold the same. 11. When the newly Incorporated Village lies within two or ^yj^g^the Vil- more Counties, the Councils of the Counties shall, by By-law, lage lies within annex the Village tb one of the Counties; and if within gjx two counties, , ■ P . . p , . ' . /• 1 how to be an- months after the petitions lor the incorporation oi the nexed to one of Village are presented, the Councils do not agree to which '^'''° ''J ''^* _, o ,•;-.„',, , n 1 Tir 1 c 1, Councils or County the Village shall be annexed, the Wardens oi the Governor. Counties shall memorialize the Governor in Council, setting forth the grounds of difference between the Councils ; and thereupon the Governor shall, by Proclamation, annex the Village to one of such Counties. 13. In case the Wardens do not, within one month next -^j^gj^ j, jl^g after the expiration of the six months, memorialize the Governor Governor. as aforesaid, then one hundred of the freeholders and house- holders on the census list may petition the Governor to settle 526 Cap. 54. Municipal Institutions. 22 Vict, settle the matter, and thereupon the Governor shall, by Procla- mation, annex the Incorporated Village to one of the saiof Counties. Additions to Villages by Governor. 13. In case the Council of an Incorporated Village petitions the Governor to add to the boundaries thereof, the Governor may, by Proclamation, add to the Village any part of the localities adjacent, which, from the proximity of streets or buildings therein, or the probable future exigencies of the Village, it may seem desirable to add thereto. ERECTION OF VILLAGES INTO TOWNS, AND TOWNS INTO CITIES. Towns and Cities how formed. 1 4. A Census of any Town or Incorporated Village may at any time be taken under the authority of a By-law of the Council thereof. Town contain- ing over fifteen thousand Inha- bitants may be made a City ; and Village containing over three thousand, a Town. 1st — Notice to be given. 15. Incase it appears by the Census return taken under any Act of Parliament, or under any such By-law, that a Town contains over fifteen thousand Inhabitants, the Town may be erected into a City ; And incase it appears by the return that an Incorporated Village contains over three thousand inhabitants, the Village may be erected into a Town ; But the change shall be made by means of and subject to the following pro- ceedings and conditions : Firstly — The Council of the Town or Village, shall for three months after the Census return, insert a notice in some news- paper published in the Town or Village, or, if no newspaper be published therein, then the Council shall for three months post up a notice in four of the most public places in the Town or Village, and insert the same in a newspaper pub- lished in the County in which the Town or Village is situate, setting forth in the notice the intention of the Council to apply for the erection of the Town into a City, or of the Village into a Town, and state the limits intended to be included therein ; Secondly — The Council of the Town or Village shall cause the census returns to be certified to the Governor in Council, under the signature of the Head of the Corporation and under the Corporate Seal, and shall also cause the publication afore- said to be proved to the Governor in Council, then, in the case rnthe case of a of a Village, the Governor may, by Proclamation, erect the Village. Village into a Town by a name to be given thereto in the Proclamation : 2nd— Proof of publication of notice and of census. Proclamation 3rd — Existing debts to be ad- justed. Thirdly — In case the application is for the erectibn of a Town into a City, — the Town shall moreover pay to the County of which it forms part, such portion, if any, of the debts of the County as may be just, or the Council of the Town shall agree 1859. Municipal Institutions. Cap. 64. 527 agree_ with the Council of the County as to the amount to be so paid, and the periods of payment with interest from the time of the erection of the new City, or in case of disagreement the same shall be determined by arbitration under this Act; and the Council shall prove to the Governor in Council the pay- ment, agreement or arbitration ; Then, the Governor may, by Proclamation, erect the 4th-Governo» Town into a City,, by a name to be given thereto in the Pro- may proclaim clamation. ' Town^''^ ^ 16. The Governor may include in the new Town or City such Extension of portions of any Township or Townships adjacent thereto and xown°OTCit^ within the limits mentioned in the aforesaid notice as, from the °^" "'^ ' ^' proximity of streets or buildings, or the probable future exigen- cies of the new Town or City, the Governor in Council may consider it desirable to attach thereto. ly. The Governor may divide the new Town or City into Wawls. Wards with appropriate names and boundaries, but no Town shall' have less than three Wards, and no Ward less than five hundred inhabitants. 18. Incase any tract of land so attached to the Town or City Lands detached) belonged to another County, the same shall thenceforward for '''°"' Counties. all purposes cease to belong to such other County, and shall belong to the same County as the rest of the Town or City. . NEW DIVISION OF WARDS IN CITIES AND TOWNS. 19. In case two thirds of the Members of the Council of a Newdivisionof City or Town, do in Council before the Fifteenth day of July in ^^''tow™^ any year, pass a resolution affirming the expediency of anew division into Wards being made of the City or Town, or of a part of the same, either within the existing limits or with the ad- dition of any part of the localities adjacent, which from the prox- imity of streets or buildings therein, or the probable future exigencies of the City or Town, it may seem desirable to add thereto respectively, the Governor may, by proclamation, divide the City or Town, or such part thereof into Wards, as may seem expedient, and may add to the City or Town any part of the adjacent Township or Townships, Which the Governor in Council on the grounds aforesaid considers it desirable to attach thereto. LIBERTIES IN CITIES ABOLISHED. 20. There shall be no liberties or outer Wards in Cities. No liberties, EXISTING BY-LAWS CONTINUED. 21. In case a Village be incorporated, or an Incorporated By-laws to Village or Town with ox; without additional area, be '=°°*'""^ '" erected 528 Cap. 54. Municipal Institutions. 22 Vict Cities, Town s and Villages. When not to be repealed. erected into a Town or City, the By-laws in force therein respectively shall continue in force until repealed or altered by the Council of the new Corporation ; But no such By-laws shall be repealed or altered unless they could have been or can be legally repealed or altered by the Council which passed the same. When the li- mits of a Muni- cipality are extended. SS. In case an addition be made to the limits of a Munici- pality, the By-laws of the Municipality shall extend to the additional limits, and the By-laws of the Municipality from which the same has been detached shall cease to apply to the addition, except only By-laws relating to roads and streets, and these shall remain in force until repealed by By-laws of the Municipality added to. LIABILITY TO DEBTS TO CONTINUE. Liability to ®^' ^^ ^^^^ ^^ ^^® formation of an Incorporated Village, debts to con- or of the erection of an Incorporated Village into a Town, or of tinue. ^ Town into a City, the Village, Town or City shall remain liable to all the debts and liabilities to which the Village or Town was previously liable, in like manner as if the same had been contracted or incurred by the new Municipality. And in case of ^'^- After an addition has been made to a Village, Town or an extension o: City, the Village, Town or City shall pay to the Township or ""' ' County from which the additional tract has been taken, such part (if any) of the debts of the Township or County as may be just ; and in case the Councils do not, within three months after the first meeting of the Council of the Municipality to which the addition has been made, agree as to the sum to be paid, or as to the time of payment thereof, the matter shall be settled by arbitration under this Act. COUNCILS AND OFFICERS TO CONTINUE. Former Couii- oils and Oliicers to exercise jurisdiction over new Mu- nicipalities, &C.3 until new Councils are oro:anized. @5. In case any place be erected into an Incorporated Village, or an Incorporated Village into a Town, or a Town into a City, the Council and the members thereof having authority in the place or Municipality immediately before such erection, shall, until the Council for the newly erected Corporation be or- ganized, continue to have the same powers as before ; and all other Officers and Servants of the place or Municipality shall, until dismissed, or until successors be appointed, continue in their respective offices, with the same powers, duties and liabilities as before. WITHDRAWAL OF TOWNS FROM THE JURISDICTION OF THE COUNTY. Town may be ®®- The Council of any Town may pass a By-law to withdrawn. withdraw the Town from the jurisdiction of the Council of the County 1859. Mv,iiicipal Institutions. Cap. 54. 529 County within which the town is situated, upon obtaining the from jurisdic- assent of the electors of the Town to the By-law in manner t° b"-Sw "if provided by this Act, subject to the following provisions and certain coadi- conditions : *'°'^- 1 . After the final passing of the By-law, the amount v-^hich Amount to be the Town is to pay to the County for the expenses of the ad- fo^g.rls'ex^" ministration of Justice and the use of the Gaol, as well as for pensesofad- tlie then existing debt of the County, if not mutually agi;eed ^Uce to i« "'^ upon, shall be ascertained by arbitration under this Act ; and settled. the agreement or award shall distinguish the amounts to be annually paid for, the said expenses, and for the then debt of the County, and the number of years the p^ments for the debt are to continue ; 2. In adjusting their award, the arbitrators shall, among Matters to be other things, take into consideration the amount previously H^l^^^^^ paid by the Town, or which the Town may be then liable to same!^ pay, for the construction of roads or .bridges by the County, without the limits of the town ; and also wha,t the County may have paid, or be liable to pay, for the construction of roads or bridges within the Town ; and they shall also ascertain and allow to the Town the value of its interest in all County property except roads and bridges within the Town ; 3., When the agreement or award has been made, a copy of Copy of agree- the same and of the By-law, duly verified by affidavit, JI^Tt'^G^ert" shall be transmitted to the Governor, who .shall thereupon issue nor. his proclamation withdrawing the Town from the jurisdiction proclamation. of the Council of the County ; •4. After the proclamation has been issued, ;the offices of Effect of siich Reeve and Deputy Reeve of the Town shall cease; and no Proclamation. By-law of the Council of the County shall have any force in the Town, except so far as relates to the care of the Court House and Gaol, and other County property in the Town ; and the Town shall not thereafter be liable to the County for, or be obliged to pay to the County or into the County Treasury, any money for County debts or other purposes, except such sums as may be agreed upon or awarded as afore- said ; 6. After the lapse of five years from thetinai? pf itheiagree- New agree- ment or award, or such shorter time as may be stated in the "«"'/"«' ^^^ agreement or award, a new ,g.gre^ioent .pr^a, new award may be made, to ascertain the amount to be paid by the Town to -.the, County for the expenses of the .administration of Justice ; 6. After the withdrawal of ^ Town irpm the County, all pro- Prop^ty after ,perty theretofore owned by the County, ejf cept;. Roads, and ■^'' ^^ • .iBridges within the Town, shall remain the , property of the TiGoupty. HH TOWNSHIPS. 530 Cap. 54. Municipal Institutions. TOWNSHIPS. 22 Vict. ERECTION OF NEW TOWNSHIPS. How Town- ship beyond the limits ot Incorporated Counties may- be attached thereto by pro- clamation. 37. In case a Township be laid out by the Crown in terri- tory forming no part of an Incorporated County, the Governor may by proclamation erect the Township, or two or more of such Townships lying adjacent to one another, into an Incorpo- rated Township or Union of Townships, and annex the same to any adjacent Incorporated County ; and the proclamation shall appoint the Returning Officer who is to hold, and the place for holding, the first Election in the Township or Union of Town- ships. "*'» SEPARATION OF UNITED TOWNSHIPS. Junior Town- 38. When a Junior Township of an incorporated Union of ^iro'iJl^ehoidere^ Townships has one hundred resident freeholders and house- fee, to become holders on the assessment-roll as last finally revised and passed, nid^aiir^ '^"' such Township shall, upon the first day of January then next thereafter, become separated from the Union. When, Junior Township con- taining less than 100, but exceeding 50, may be sepa- rated, and how. 39. In case a Junior Township has at least fifty but less than one hundred resident freeholders and householders on the last revised assessment-roll, and two thirds of the resident freeholders and householders of the Township, petition the Council of the County to separate the Township from the Union 1o which it belongs ; and in case the Council consi- ders the Township to be so situated, with reference to streams or other natural obstructions, that its inhabitants cannot con- veniently be united with the inhabitants of an adjoining Town- ship for Municipal purposes, — the Council may, by By-law, separate the same from the Union ; and the By-law shall name the Returning Officer who is to hold, and the place for holding the first Election under the same. ANNEXATION OF GORES. The Governor may annex Gores to adja- cent Town- ships. 30. The Governor may, by Proclamation, annex to any Township, or partly to each of more Townships than one, any Gore or small tract of land Jying adjacent thereto and not forming part of any Township, and such Gore or tract shall thenceforward for all purposes form part of the Township to which it is annexed. ANNEXATION OF NEW TOWNSHIPS. New Town- ships, fee., within the li- mits ot Incor- porated Coun- ties, to be unit- ed to adjacent Townships, and how. 3 1 . In case a Township be laid out by the Crowri in an incorporated County or Union of Counties ; or in case there is any Township therein not incorporated 'and not belonging to an Incorporated Union of Townships, — the Council of the County or United Counties shall, by By-law, unite such Town- ship for Municipal purposes, to some adjacent Incorporated Township 1859. Municipal Instilutions. Cap. 54. 53 1 Township or Union of Townships in the same County, or Union of Counties, and if such adjacent Township or adjacent Union is divided into Wards, then also to one Ward or partly to each of two or more Wards thereof. 32. In case of there being at any time in an Incorporated Townships not County or Union of Counties two or more adjacent Townships incorporated not incorporated and not belonging to an Incorporated Union t^ fomedTnto. of Townships; and in case such adjacent Townships have ™'o°s, and together not less than one hundred resident freeholders and °^' householders within the same, — the Council of the County or Union of Counties may, by By-law, form such Townships into an independent Union of Townships. 33. In case the united Townships are in different Counties, Townshipsin the By-law shall cease to be in force whenever the union of ^^®''*°' *^°"°" the Counties is dissolved. SEBTIOKITY OF . TOWNSHIPS. 34. Every Proclamation or By-law forming a Union of seniority oi Townships shall designate the order of seniority of the Town- Townships, ships so united, and the Townships of the Union shall be ^°^ regulated, classed in the By-law according to the relative number of freeholders and householders on the last revised assessment roll. COUNTIES. NEW COUNTIES. 35. The Governor may, by Proclamation, form into anew jjew Counties County, any new Townships not within the limits of an tow formed by Incorporated County, and may include in the new County fndtnnexafor one or more unincorporated Townships or other adjacent united. unorganized Territory, (defining the limits thereof) not being within an Incorporated County, and may annex the new County to any adjacent Incorporated County ; or in case there is no adjacent Incorporated County, or in case the Governor in Council considers the new County, or any number of such new Counties lying adjacent to one another and not belonging to an Incorporated Union, so situated that the Inhabitants can- not conveniently be united with the inhabitants of an adjoin- ing Incorporated County for Municipal purposes, the Governor may, by the Proclamation, erect the new County, or new ad- jacent Counties, into an independent County or Union of Counties for the said purposes, and the Proclamation shall name the new County or Counties. SENIORITY OF. 36. In every Union of Counties, the County in which the Seniority of County Court House and Gaol are situate, shall be the Senior u^"'*^ 6''"''- hh2 County, 532 ^^P- ^^- Municipal Institutions. 22 Vict. ties how regu- County, and the other County or Counties of the Union stiall be lated. : ithe Junior County or Counties thereof. LAWS APPLICABLE TO jjaws appiica- 37. During the Union of Counties, all l^aws applicable to CouiitiS'"" "'^ Counties (except as to representation in Parliament and Regis- tration of TitJesj shall apply to the Union as 11 the same formed but one County. ,. , VENUE IN. Venue how 88. In the case of United Counties, the Venue in any ifCounto!" 'Judicial proceedings shall be laid in the proper County ot the Union (naming it) and describing it as one of the United Coun- ties of , and in such case the Jury for the trial ol any ■ ,; issue, Civil or Criminal, or the assessment of any damages, shall be summoned from the body of the United Counties. ERECTION OF PROVISIONAL CORPORATIONS AND SEPARATION or JUNIOR COUNTIES. PRESIDING MEMBER FIRST MEETING COUNTY TOWN. ProvTsionai se- ' ' 39. When the Census Returns taken under an Act of UnUedCoun- Parliament, or under the authority of a By-law of the Council of ties byProcia- any United Counties, show that the Junior County of the Union p^ce^of meet°-^ contains fifteen thousand inhabitants, or more, then, if a ing and presid- majority of the Reeves and Deputy Reeves of such County ing officer. ^j^^ jjj jj^g month of February in two successive years, pass a resolution affirming the expediency of the County being sepa- rated from the Union ; and if in the month of February in the following or third year, a majority of the Reeves transmit to ' ' the Governor in Council a petition for the separation, aad if the Governor deems the circumstances of the Junior County such as to Call for a separate establishment of Courts and other County institutions, he may, by Proclamation setting forth those facts, constitute the Reeves and Deputy Reeves for the County a Provisional ' Council, and in the Proclamation appoint a time and place for the first meeting of the Council, and therein name one of its Members to preside at the meeting, and also, therein determine the place for and the name of the County Town. Who to presidft ' 40. The Member so appointed shall preside in the Conn- chos^*"*^" ! cil until a Provisional Warden has been elected by the Council ' fiom among thei members thereof . PROVISIONAL OFFICERS. Appointment ut 41. Every Provisional Council shall from time to time appoint Warfen"&c. ^ Provisional Warden, a Provisional Treasurer, and such other i,: /liio'i/i'o'Pitivisional Officers for the County as the Council deems ne- "..ou injinij ■tocessary; -'-' ,v;.-.ii(, 43. 1869. Municipal Instilutions. Cap. 54.! 5S3 43. The Provisional Warden shall hold office for the Muni- His Term of cipal year for which he is elected. °*'^®' 43. The Treasurer and other Officers so appointed shall, hold And of Trea- Office until removed by the Council. ^"''«=''' '^°- PURCHASE OF PROPERTY. , _. 44. Every Provisional Council may acquire the necessary Provisionat property at the County Town of the Junior County on which to Councils may erect a Court House and Gaol, and may erect a Court House for^Gaokand and Gaol thereon, adapted to the wants of the County and in Court Hoxises. conformity with any statutory or other rules and regulations respecting such buildings, and may pass By-laws for such, , ,^ purposes. ,: POWERS OF THE UNION NOT TO BE INTERFERED WITH. 45. The powers of a Provisional Council shall not inter- Powers of Pro- fere with the powers of the Council of the Union, and any J^|j-'™|*jj,^.JJJJ."'. money raised by the Provisional Council in the Junior County fere with pow- shall be independent of the money raised therein by the Coun- efsof^e cil of the Union. DEBTS OF THE UNION. 46. After a Provisional Council has procured the neces- Agreement a» sary property and erected thereon the proper buildings for a t'?^''*'*."?™. Court House and Gaol, the Council may enter into an agree- ' = ment with the Senior or remaining County or Counties for payment to such County or Counties of any part of the debts of the Union as may be just, and for determining the amount to be so paid and the times of payment. 47. No Member of the Provisional Council shall vote or when Provi- take any part in the Council of the Union on any question ^ionai Council- affecting such agreement or the negotiation therefor. vote. 48. In case the Councils do not then agree as to the Arbitrament. amount or periods of payment, the matter shall be settled between them by Arbitration under this Act ; And the Junior Payment of County shall pay to the Senior or remaining County or '"'i^fj^P'" ^''" Counties of the Union the amount so agreed upon or settled, and such amount shall bear interest from the day on which the Debt to bear in- Union is dissolved, and shall be provided for, like other '''''*^'- debts, by the Council of the Junior County after being sepa- rated. GOVERNOR TO APPOINT JUDGES, &C. '::. When there is no division of a Township into Wards, in Townships ^^e election of Councillors shall be by general vote, and shall be held at the place or places where the last election was held, I or 1859. Municipal Institutions. Cap. 54. 543 or in such other place or places as may be from time to lime not divided into fixed by By-law. Wards. RETCKNING OFFICEHS. 90. The Council of every Municipality in which the Returning Offi- election is to be by Wards or Electoral Divisions, shall from «ers to i« ap- time to time by By-law appoint Returning Officers to hold the Siunfipa! ^'^ next ensuing elections. Council. WHEN CLERKS TO BE (eX-OFFICIo) RETURNING OFFICERS. 91. In the case of a Municipality in which the election is not when Clerk to to be by Wards or Electoral Divisions, the Clerk shall be the be c^o^io He- Returning Officer at all elections after the first. turning cer. RETURNING OFFICERS FOR THE FIRST ELECTION IN VILLAGES. 92. In every By-Law establishing a Police or Incorpo- For first eieo- rated Village, a Returning Officer shall be appointed who is to t>on in Villages. hold the first election for such Village. 93. In Police Villages, after the first election, the Trus- After first ele«- tees thereof, or any two of them, shall, from time to time, by J},""' Police writing under their hands, appoint the Returning Officer. appoinr '" IF RETURNING OFFICER ABSENT. 94. In case, at the time appointed for holding an election, The absence t,t the person appointed to be Returning Officer has died, or does J^"' Returning not attend to hold the election within an hour after the time fj^^"'''^"''' appointed, or in case no Returning Officer has been appointed, the electors present at the place for holding the election may choose from amongst themselves a Returning Officer, and such Returning Officer shall have all the powers, and shall forthwith proceed to hold the election and perform all the other duties of a Returning Officer. THE RETURNING OFFICER TO BE A CONSERVATOR OF THE PEACE. 95. The Returning Officer shall, during the election, act KetumingOffi- as a Conservator of the Peace for the City or County in which «"" '° ^ "o?" the election is held ; and he, or any Justice of the Peace having peace, jurisdiction in the Municipality in which the election is held, may cause to be arrested, and may summarily try and punish by fine or imprisonment, or both, or may imprison or bind over to keep the peace, or for trial, any riotous or disorderly person who assaults, beats, molests or threatens any voter coming to, remaining at, or going from the election ; and, when thereto required, all constables and persons present at the election, shall assist the Returning Officer or Justice of the Peace, on pain of being guilty of a misdemeanor. MAY Sii Cap. 54. Municipal Institutions. 22 Vict. MAY SWEAR IN SPECIAL CONSTABLES. Special Con- 9f5. Every Reluming Officer or Justice of the Peace may stables may be appoint and swear in any number of Special Constables to assist in the preservation of the peace and of order at the elec- tion ; and any person liable to serve as Constable and required to be sworn in as a Special Constable by the Returning Officer or Justice shall, if he refuses to be sworn in or to servej be liable to a penalty of twenty dollars, to be recovered to the use oi any one who will sue therefor. PROCEEDINGS AT ELECTIONS. Elections how conducted. Notice. The Clerk to deliver copies of the Assess- ment-Rolls to the Returning OiBcer. 97. The proceedings at Elections shall be as follows ; 1. Every Returning Officer shall, unless otherwise provided by law, give at least ten days' previous notice of the election to be held by him, by posting the notice in at least four public places in the Municipality, Ward, Electoral Division, or Police Village ; 2. The Clerk of the Mnnicipality shall deliverto the Return- ing Officer who is to preside at the Election for the same, or for every or any Ward, or Electoral Division thereof, a correct copy of so much of the last Revised Assessment-Roll for the Municipality, Ward, or Electoral Division as contains the names of all male Freeholders and Householders rated upon the Roll in respect of real property lying in the Municipality, Ward, or Electoral Division with the assessed value of the real property for which every such person is so rated ; Withhisdecia- 3. The Clerk shall deliver with such copy his solemn J^''°"^^"^y'"S declaration, to the effect that the copy is a true copy of so much of the said Roll as relates to such Municipality, Ward or Electoral Division, and contains the names of all Male Free- holders and Householders rated upon the Roll in respect of real property lying in the Municipality, Ward or Electoral Divi- sion, with the assessed value of the real property for which they are so rated respectively ; Township 4. The Township Clerk shall also deliver to the Returning Ssmeni-''''' 9^'^^'^ ^^o is to preside at the Election for any Police Village R,oii to Return- in the Township, a correct copy of so much of the said Assess- PdiSvuiages. ^ent-Roll as contains the names of all the male fcee- ' holders and householders in the Village, and the amount for which they are respectively assessed, together with a like solemn declaration, verifying the same, as in the case of Muni- cipal Elections ; Poll book to be iprovided. 5. The Returning Officer shall provide a poll-book ;. and at every Flection at which a poll is demanded, : he, or , his sworn poll-clerk, shall enter in such book, in separate columns, '^e names 1859. Municipal Institutions. Cap. 54. 545 names of the candidates proposed and seconded by any electors Its contents. present at the Election, and shall, opposite to such columns, write the names of the electors offering to vote at the election, and shall, in each column in which is entered the name of a candidate voted for by a voter, set the figure " 1 " oppo- site the voter's name ; 6. The Returning Officer shall commence every Election at Hour for com- ten of the clock in the forenoon ; mencing eiec- ' tions. 7. The Returning Officer may close the Election in one hour ximeofdos- after commencing the same, if within that time no more candi- ins- dates are proposed than by his writ he is to return ; but in case there are more Candidates and a poll is demanded, he shall keep open the Election until four of the clock in the afternoon of the first day and then adjourn the same until ten of the clock in the forenoon of the next day, not being a Sunday, or a legal Holiday, and continue the same till four of the clock in the afternoon thereof, and no longer ; but if in the meantime he sees that all the electors intending to vote have had a fair opportunity of being polled, and if no qualified elector gives or tenders his vote between three and four o'clock of the first day, free access having been allowed to electors for the purpose, the Returning Officer ma.y close the election at four o'clock on that day, and the Returning Officer may, in like manner, close the election before four o'clock on the second day, if for the hour next before he does so, no qualified elector gives or tenders his vote, free access having been allowed to electors for the purpose ; WHAT OATHS HE MAY ADMINISTER. 8. The Returning Officer may administer all oaths or affir- tletm-ning offi- mations necessary at the election ; ntste? oaths'. '' OATHS AND QUESTIONS THAT MAY BE PUT TO ELECTORS. 9. At any election, or at any public vote in respect of a xhe only oaths By-law which requires the assent of the electors, the only to be required oaths or affirmations to be required of any person claiming to ° ™'^''''' vote, and appearing by the last Revised Assessment-Roll (if any,) to have the necessary property qualification, are, that he is of the full age of twenty-one years — and is a natural-born or naturalized subject of Her Majesty, — that he has been, if a house- holder a resident within the Municipality for which the election is held or vote taken, for one month next before the election and that he has not before voted at the election or on the By-law {as the case may be) ; and that he is the person named in the last Revised Assessment-Roll : {pr^ in case of a new Municipality in which there has not yet been any Assessment-Roll) that he is a resident freeholder or householder in (naming the property entitling him to vote at the election) ; and I J that 546 Cap. 54. Municipal Institutions. 22 Vict. Heturning Offi- cer to declare result of the election. When to have easting vote. Poll books to be returned to the Clerk. that he has not directly or indirectly received any reward or gift, nor does he expect to receive any, for the vote which he tenders at this election ; And such oaths shall be administered at the request of any candidate or elector ; And no inquiries shall be made of any such person except with respect, to the facts specified in such oaths or affirmations ; 10. The Returning Officer shall, at the close of the poll, add up the number of votes set down for each candidate, (except for the office of Mayor in Cities and Towns,) and shall publicly declare the same, beginning with the candidate having the greatest number, and so on with the others, and shall thereupon publicly declare elected the candidate or candidates respect- ively standing highest on the Poll ; 11. In case two or more candidates have an equal number of votes, the Returning Officer, whether otherwise qualified or not, shall give a vote for one or more of such candidates, so as to decide the Election ; and, except in such case, no Returning Officer shall vote at any Election held by him. 98. The Returning Officer shall, within three days after the close of the Election, return the poll-book to the Clerk of the Municipality from whom he received the copy of the Assessment- Roll, and also his solemn Declaration thereto annexed, that the poll-book contains a true statement of the poll, and his cer- tificate of the persons, nam' elected. them, who have been duly Election riot- ously broken up, to be re- suioed. If election is prevented for lour days, Poll book to be re- turned, and a new election to be ordered. Bleclion of Uayora. 99. In case, by reason of a Riot or other emergency, an Election is not commenced on the proper day or is interrupted after being commenced and before the lawful closing thereof, the Returning Officer shall hold or resume the Election on the fol- lowing day at tlie hour often o'clock in the forenoon, and continue the same from day to day if necessary, until the poll lias been open without interruption and with free access to voters, for twelve hours in all, or thereabouts, in order that all the Electors so intending may have had a fair opportunity to vote. 100. But in case the Election has not, by the end of the fourth day from tlie day the same commenced or should have com- menced, been kept open for the necessary time, the Returning Officer shall not return any person as elected, but shall return his poll-book on the following day to the Clerk of the Municipality, certifying the cause of there not having been an Election, and a new Election shall take place ; and the Head of the Municipality shall issue his warrant accordingly, ELECTION OF MAYORS OF CITIES AND TOWNS. 101. Mayors of Cities and Towns shall be chosen by the electors of such Cities and Towns at the Annual Election to be held on the first Monday in January. 1859. Municipal Institutions. Cap. 54. 5^7 103. The qualification of a .Mayor shall be the same as that Qualification of an Alderman in Cities, aiid of a Councillor in Towns. °^- 103. A meeting of the electors shall take place for the Timeandpiaco nomination of candidates for the Mayoralty, at the City or *"" ''"'"'■'''''"?• Town Hall, on the last Monday but one in the month of De- cember before the Annual Election, at ten of the clock in the forenoon. 104. The City, or Town Clerk respectively, shall preside at Ttie Clerk to such meeting, or, in case of his absence, the Council shall Preside. appoint a person to preside in his place ; If the Clerk or the person so appointed does not attend, the electors present shall choose a Chairman or person to oificiate from among them- selves. 105. Such Clerk or Chairman shall have all the powers of with powers of a Returning Officer. a Returning ° Officer. 1©6. If only one qualified candidate has been within one if only one hour proposed by any elector present at such meeting, the Clerk *^*"^''^*'® P"'"" or Chairman shall declare such Candidate duly elected Mayor. '^° 107. If more candidates than one are proposed, and if apoll jfaPoU is de- is demanded, the Clerk or Chairman shall on the following day demanded, the post up in the Office of the Clerk the names of the persons by Wards. proposed, and give notice thereof to the Returning Officer for every Ward. 108. In case of a contest in an Election for the office Duration of of Mayor, the Returning Officer for every Ward shall keep the Poll. poll open for the full time required by law for taking the votes, though there may be no contest for the other offices for which beholds the Election. 109. Every Returning Officer shall enter in his poll-book, Poii books to in separate columns, the names of the candidates for the office be kept; of Mayor, as well as the names of the candidates for the offices of Aldermen and Councilmen, in Cities, or of Councillors, in Towns, and shall, in the column in which is entered the name of a candidate for Mayor voted for by any voter, set the number "1" opposite the voter's name. 110. Every Returning Officer shall, on the day after the ^nd returned to close of the poll, return the poll-book to the City or Town Clerk, the Clerk, verified as to the election of Mayor as well as in the other parti- culars required by this Act. 111. The City or Town Clerk shall add up the number of KetumingOffi- votes set down for each candidate for Mayor in the respective pji/and de-^ poll-books so returned, and ascertain the aggregate number of dare the result, such votes, and in case a poll has been taken and the poll 1 1^ books, 548 Cap. 54. Municiital Institutions. 22 Vict. books have been returned for every Ward, the Clerk shall, at the City or Town-Hall, at noon of the day following the return of the poll-books, declare elected the candidate having the largest number of votes polled. If no majority 113. In case there be not a majority for any one candidate, the forany Candi- Clerk shall declare that two or more candidates, naming them, have an equal number of votes, or in case no return has been made for one or more Wards in consequence of no election having been held therein, or of the election having been inter- rupted through riot or other cause, he shall declare the want of returns for such Ward or Wards, and the cause thereof. Mayor to take 1 18. The Mayor elect shall make and subscribe the neces- "^'fh°fi°'t'd V ^^^y declarations of office and qualification on the day ap- of minting. pointed for the first meeting of the Council, and shall afterwards administer the necessary declarations to the other members of the Council. AU the Mem- 114:. No Other business shall be proceeded with at the said bera to be meeting until the said declarations have been administered to sworn, c. ^^ ^^^ members who present themselves to take the same. If votes for 115. In case two or more candidates for Mayor have an Mayor equal, gq^al number of votes, the members of the Council shall take the necessary declarations before the Clerk, and shall after doing so organize themselves as a Council by electing as Maiyor one of such candidates ; the Clerk presiding at the Election. If no return for 116 In case no return be made for one or more Wards in one or more consequence of non-election, owing to interruption by riot or porary'Head^to Other cause, the members of Council elect being at least a ma- be elected by jority of the whole members of the Council when full, shall •t e ounci . gjgg^ Qjjg Qf thg Aldermen elect in Cities, or one of the Coun- cillors elect in Towns, to be the Presiding Officer, at which election the Clerk shall preside, and such Officer shall take the necessary declarations and possess all the powers of Mayor, until a poll for such Ward or Wards has been held under a warrant in the manner provided for in the one hundred and twenty-second section of this Act. When Poll 11^. When a Poll has been duly held in each of such ciS'tcTaddu W^'^';/. I' " I, A. B., upon whom a Writ of Summons in the natUi4©,of " a Quo Warranto has been served for the purpose of ceot^st- " ing my right to the office of Township Councillor, {or as the " case may be) for the Township of , in the Qp^tttitv "of 1869. Municipal Institutions. Cap. 54. 553 (( of ^ (or as iAe case mai/ fte), do hereby disclaim the " said office, and all defence of any right I may have to the " same." Dated the day of , 18 . ■ (Signed,) A. B. 13. Such disclaimer, or the envelope containing the same, Registry of dis- shall moreover be endorsed on the outside thereof with the word <=iaimer. " Disclaimer," and be registered at the Post Office where I mailed ; 14. Every person so disclaiming shall deliver a duplicate of Disclaimer to his Disclaimer to the Clerk of the Council, and the Clerk shall ^^deiivered to forthwith communicate the same to the Council ; ■15. No costs shall be awarded against any person dis- Costs provided claiming as aforesaid, unless the Judge is satisfied that such '"''■ party consented to his nomination as a candidate or accepted Ihe office, in which cases the costs shall be in the discretion of the Judge ; 16. In all cases, not otherwise provided for, costs shall Whendiscre- be in the discretion of the Judge ; tionary. 17. The decision of the Judge shall be final, and he shall, Judge to return immediately after his Judgment, return the Writ and Judgment Jj^g^coStln.* '° with all things had before him touching the same into the Court term ; it ehaU from which the Writ issued, there to remain of record as a i^e final. judgment of the said Court ; and he shall, as occasion requires, enforce such judgment by a Writ in the nature of a Writ of Peremptory Mandamus, and by Writs of Execution for the costs awarded ; 18. The Judges of the Superior Courts of Common Law, Tiie Judges to or a majority of them, may, by rules made in Term time, settle mai^e rules, &o. the forms of the Writs of Summons, Certiorari, Mandamus and '- Execution, and may regulate the practice respecting the suing out, service and execution of such Writs, and the punishment for disobeying the same or any other writ or order of the Court or Judge, and respecting the practice generally, in hearing and determining the validity of such Elections or appoint- ments, and respecting the costs thereon ; and may from time to time rescind, alter or add to such rules ; But all existing Rules shall remain in force until rescinded or altered as afore- said. 1S9. The appointment of members of Municipal Councils Appointments when required to be made under this Act shall be deemed elec- equivalent to tions within the preceding section, and in such cases the Relator ^^''''°"^- may be any Member of the Council or any Elector of the Mu- nicipality or Ward for which the appointment was made. MEETINGS 554 Cap. 54. Municipal Institutions. 22 VrcT. MEETINGS OF COUNCIL, &C. First meetings of Councils. FIRST MEETING OF MEMBERS ELECT. 130. The Members of every Municipal Council, (except County Councils,) and the Trustees of every Police Village, shall hold their first meeting at noon on the third Monday of the same January in which they are elected, or on some day thereafter at noon ; and the Members of every County Council shall hold their first meeting at noon, or some hour thereafter, on the fourth Tuesday of the same month, or on some day thereafter. Place in Conn- 131. The members of every County Council shall hold *'*'• their first meeting at the County Hall, if there is one, or other- wise at the County Court House. ELECTION OF HEADS OF COUNCIL OTHER THAN OF CITIES ANI> TOV7NS. Elections of Heads of other Councils than ■Cities and Towns. 133. The members elect of every Council, except a City or Town Council, being at least a majority of the whole number of the Council when full, shall, at their first meeting after the yearly elections, and after making the declarations of office and qualification when required to be taken, organize themselves as a Council by electing one of themselves to be the Warden or Reeve of the Corporation, and such person shall be the Head of the Council. Who to preside 133. At every such election the Clerk of the Council shall "'■ ' preside, and if there is no Clerk, the members present shall select one of themselves to preside, and the person selected may vote as a member. Who to have 134. In case of an equality of votes on the election of the theeastmgyote fjga^jj Qf any County Council or Provisional County Council, in lii6 cvtiiit oi J J I, i an equality of then, of those present, the Reeve or in his absence, the Deputy votes. Reeve, ol the Municipality which has the largest number of names on its last Revised Assessment-Roll, shall have a second and casting vote, and in case of the like occurrence in any other Council, then, of those present, the member who has been assessed for the highest amount on such roll, shall have the like vote. Election of Keeves and •Deputy .Heeves. 133. The members of the Council of every Town not with- drawn from the jurisdiction of the County Council, and the Council of every Incorporated Village shall, at its first meeting, elect from among its members a Reeve, and in case any such Town, or Incorporated Village or any Township had the names of five hundred resident freeholders or householders on the last Revised Assessment- Roll, the members of the Council of the Town, Village and Township, shall also at its first meeting elect from among its members a Deputy Reeve. SUBSEQUENT 1859. Municipal Institutions. Cap. 54. 555 SUBSEQUENT MEETINGS. 19t6. The subsequent meetings of the County Council, piaceofmeet- and all the meetings of every other Council, shall be held at 1"?°'''^°™^.'' such place, either within or without the Municipality, as the lies. "' Council from time to time, by Resolution on adjourning to be entered on the minutes, or by By-law, appoints. 137. The Council of the County in which any City lies, may piace of in hold its sittings, keep its public offices, and transact all the Cities. business of the Council and of its officers and servants within such City, and may purchase and hold such Real property therein as may be convenient for such purposes. 138. Every Council shall hold its ordinary meetings openly. Meetings to be and no person shall be excluded except for improper conduct. °P^°- 139. In case there is no By-law of a Council fixing the place Special may be of meeting, any Special Meeting of the Council shall be held at *''°^^'^' the place where the then last Meeting of the Council was held ; and a special Meeting may be open or closed as in the opinion of the Council, expressed by Resolution in writing, the public interest requires. 140. A majority of the whole number of members re- Quorum, quired by law to constitute the Council shall form a quorum. 141. When a Council consists of only five Members, the in Councils ot concurrent votes of at least three shall be necessary 1o carry ^™^^h;'««""^' any resolution or other measure. J 43. Every Council may adjourn its Meetings from time to Adjoumment*. time. WHO TO PRESIDE IN COUNCIL. 143. The Head of every Council shall preside at the xheHeadsto meetings of Council ; and may at any time summon a special "^^^^^^^ meeting thereof; and it shall be hisduty to summon a special meeting whenever requested in writing by a majority of the Council. 14-4. In case of the death or absence of the Head of a whenKeeve Town Council, the Reeve, and in case of the absence or death ^^^^;p'^'^ of both of them, the Deputy Reeve, and in ease of the death or sHe. absence of the Head of a Village or Township Council, the Deputy Reeve, shall preside at the meetings of Couacil, and may at any time summon a special meeting thereof. 145. In the absence of the Head of the Council, and in the Absence of case of a i own. Village or Township in the absence also of Head provided the Reeve, if there be one, and also of the Deputy Reeve, if there be one, by leave of the Council, or from illness, the Council 556 Cap. 54. Municipal Institutions. 22 Vict. Casual absence provided for. Head to vote. FresumituT •pro negamte, i case of ties. Council may, from among the members thereof eligible to be elected Head, appoint a presiding officer, who, during such absence, shall have all the powers of the Head of the Council. , ' ,i 146. If the person who ought to preside at any Meeting doeg not attend within a reasonable time after the hour appointed, the members present may appoint a Chairman from amongst themselves, and such Chairman shall have the same authoiity in presiding at the meeting as the absent person would have; had if present. 147. The Head of the Council, or the Presiding Officer or Chairman of any meeting of any Council, may vote with the other Members on all questions, and any question on which there is an equality of votes shall be deemed to be negatived. RESIGNATIONS OF HEADS OF COUNCIL. Resignation of 148. The Warden of a County, or the Reeve or the Heads provided pgputy Reeve of a Town, Village or Township may, at any time, resign his office, and in such case, or in the case of a vacancy in any such office by death or otherwise, the Council, Vacancies how or its remaining members, shall, at a special meeting for the filled. purpose, or at the first regular meeting after the vacancy occurs, elect from among themselves a qualified person to fill the office. OF COUNCILLORS. Members may 149. Any Mayor or Other Member of a Council may, with resign. ^jjg consent of the majority of the members of the Council, to be entered on the minutes, resign his seat in the Council, and the vacancy shall be supplied as in the case of a natural death. OFFICERS OF CORPORATIONS. The Clerk, and his duties. THE CLERK, AND DUTIES OF. 150. Every Council shall appoint a Clerk; and the Clerk shall truly record in a book, without note or comment, all reso- lutions, decisions and other proceedings of the Council, and, if required by any member present, shall record the name and vote of every member voting on any matter submitted, and shall keep the books, records and accounts of the Council ; and shall preserve and file all accounts acted upon by the Council, and also the originals or certified copies of all By-laws, and of all minutes ofthe proceedings of the Council, all which he shall so keep in his office, or in the place appointed by By-law of the Council. Minutes, &c., to be open to inspection. 151. Any person may inspect any ofthe particulars aforesaid at all seasonable times ; and the Clerk shall within a reasonable time furnish copies thereof to any applicant at the rate of ten cents ,1859. Municipal Institutions. Cap. 64. 557 cents per hundred words, or at such lower rate as the Council copies to be appoints, and shall, on payment of his fee tlierefor, furnish, ^h^'^es'tliere- within a reasonable time to any elector of the Municipality, fo"&c* or to any other person interested in aiiy By-law, Order or Re- solution, or to his Attorney, a copy of such By-law, Order or Resblution, certified under his hand and under the Corporate Seal. 153. The Clerk of every City, Town, Incorporated Village cierk to trans- and Tbwnship, shall, on or before the first day of December mit a yearly in each year, transmit to the Receiver General a true Return payers to the of the number of resident rate-payers appearing on the Revised Receiver Ge- Assessment-RoU of his Municipality for the year, and shall ac- company ^uch return with an affidavit made before a Justice of the Peace verifying the same, in the following form : " I, A. B., Clerk of the Municipality of the City, (Town, " Township or Village; as the case may be,) make oath and say, " that the above or the within written, or the annexed " return, contains a trae statement of the number of " resident raite-payers appfearing on the Assessment-Roll of " the said City, (Town, Township or Village,) for the year one " thousand eight hundred and . (Sighed) A. B. *' Sworn before me, &c." 153. And in case of default in any year so to transmit, the penalty fer Cierk shall be liable to a penalty of twenty dollars, to be paid to default. the Receiver General for the use of the Province, to be recovered by summary proceedings in the manner provided for the re- covery of penalties for infringing By-laws under this Act. 154. The Clerk of every Township, Village and Town shall, in To make a each year, within one week after the first day of January, make [^ t^J Co'u™y a return to the Clerk of the County in which the Municipality is cierk. situate, of the following particulars respecting his Municipality for the year then last past, namely : m u <» ^ C 0) H i, 1. Number of persons assessed. 2. Number of acres assessed. 3. Total of rentals of real property. 4. Total of yearly value other than rentals of real property. 5. Total actual value of real property. 6. Total of taxable incomes. 7. Total value of personal property. 8. Total yearly value of personal property. 9. Total amount of assessed value of real and per- O ^ O 'T' ■'W fl 'g i , I 1 1 [ sonal property. 10. Total amount of taxes imposed by By-laws of the Muni- cipality. 558 Cap. 54. Municipal Institutions, n Vict. 11. Total amount of taxes imposed by By-laws of the Coun- ty Council. 12. Total amount of taxes imposed by By-laws of any Pro- visional County Council. 13. Total amount of Lunatic Asylum or other Provincial tax. 14. Total amount of all taxes as aforesaid. 15. Total amount of income collected or to be collected from assessed taxes for the use of the Municipality. 16. Total amount of income from licenses. 17. Total amount of income from public works. 18. Total amount of income from shares in incorporated Companies. 19. Total amount of income from all other sources. 20. Total amount of income from all sources. 21. Total expenditure on account of roads and bridges. 22. Total expenditure on account of other public works and property. 23. Total expenditure on account of stock held in any in- corporated Company. 24. Total expenditure on account of schools and education, exclusive of School Trustees rates. 25. Total expenditure on account of the support of the poor or charitable purposes. 26. Total expenditure on account of Debentures and interest thereon. 27. Total gross expenditure on account of Administration of Justice in all its branches. 28. Amount received from Government on account of Ad- ministration of Justice. 29. Total nett expenditure on account of administration of Justice. 30. Total expenditure on account of salaries, and the ex- penses of Municipal Government. 31. Total expenditure on all other accounts. 32. Total expenditure of all kinds. 33. Total amount of liabilities secured by Debentures. 34. Total amount of liabilities unsecured. 35. Total liabilities of all kinds. 36. Total value of real property belonging to Municipality. 37. Total value of stock in incorporated Companies owned by Municipality. 38. Total amount of debts due to Municipality. 39. Total amount of arrears of taxes. 40. Balance in hands of Treasurer. 41. All other property owned by Municipality. ' 42. Total assets. County Clerk to make a return to the Provincial Secretary. 15S. The Clerk of every County shall, before the first day of February, in each year, prepare and transmit to the Provincial Secretary a Statement of the aforesaid particulars respecting all the Municipalities within his County, entering each Mu- nicipality in a separate line, and the particulars required opposite 1859. Municipal Institutions. Cap. 54. 550 opposite to it, each in a separate column, together with the sum total of all the columns for the whole County, and shall also make at the same time a Return of the same particulars res- pecting his County, as a separate Municipality. 156- The Clerk of every City shall, before the first day of And also cietk* February in each year, make a return to the Provincial Secretary oftiuies. of the same particulars respecting his City. 157. The Treasurer of the County shall retain in his hands Moneys to be any moneys payable to any Municipality, if it is certified retained if to him by the Clerk of the County that the Clerk of such Mu- ^ad™'""' nicipality has not made the Returns hereinbefore required ; and the Receiver-General shall retain in his hands any moneys pay- able to any Municipality if it is certified to him by the Pro- vincial Secretary that the Clerk of such Municipality has not made the Returns hereinbefore required ; and any person so required to make any Return by a particular day who fails so to do, shall be liable to a penalty of not more than twenty dollars, to be paid to the Receiver-General for the use of the Province, to be recovered as last aforesaid. 158. The Provincial Secretary shall, as soon as may be after Provincial the commencement of every Session, lay before both Houses of Secretary to the Legislature a copy of all Returns hereinbefore required to befo're^ParUa"-* be made. CHAMBERLAIN AND THEASURER. 159. Every City Council shall appoint a Chamberlain, Treasurer to and every other Council shall appoint a Treasurer; and be appointed- every Chamberlain and Treasurer, before entering upon the Togivesecn- duties of his office, shall give such security as the Council di- "'■v- rects forthe faithful performance of his duties, and especially for duly accounting for and pajdng over all moneys which may come into his hands. 160. Every Treasurer and Chamberlain respectively shall Toreceiveand receive and safely keen all moneys belonging to the Corpora- take care of ,.' ' .' 1 i-'i *'™ disburse tioD, and shall pay out the same to such persons and m such moneys, &c. manner as the Laws of the Province and the lawful By-laws or resolutions of the Council direct. 101. The Treasurer or Chamberlain of every Municipa- xo make a lity for which any sum of money has been raised on the return yearly credit of the Consolidated Municipal Loan Fund, shall, so long c^ai Board^of ' as any part of such sum, or of the interest thereon, remains un- Audit. paid by such Municipality, transmit to the Board of Audit, on or before the Fifteenth day of January in every year, a Return, certified on the oath of the Treasurer or Chamberlain before some Justice of the Peace, containing the amount of taxable property in the, Municipality according to the then last Assess- ment-Roll or Rolls, — a true Account of all the Debts and Liabilities 560 Cap. 54. Municipal Institulions. Vict. Liabilities of the Municipality for every purpose, for the then last year, — and siich further information and particulars with regard to the liabilities and resources of the Municipality, as the Governor in Council may from time to time require, under a penalty, in case of neglect or refusal to transmit the Return, account, information or particulars, of one hundred dollars, to be recovered with costs as a debt due to the Crown, according to the thirty-first Section of the Consolidated Statute of Canada, chaptered sixteen : An Act respecting the Collection and Ma- nagement of the Revenue, the Auditing of Public Accounts, and the liability of Public Accountants. Assessors and Collectors, appointments and qualifica- tion of. Assessors to designate free- holders and house-holders in their assess- raent-rolls. Householder defined. Collector of Provisional County. Moneys how to be disposed of. Auditors. ASSESSORS AND COLLECTORS. 162. The Council of every Municipality except a County shall, as soon as may be convenient after the annual election, appoint as many Assessors and Collectors for the Municipality as the Assessment Laws from time to time authorize or require, and shall fill up any vacancy that occurs in the said offices as soon as may be convenient after the same occurs ; but the Council shall not appoint as Assessor or Collector a member of the Council, or a person who has not the same property quali- fication as that required for a Councillor or Councilman of the Municipality ; The same person may, in a City, Town or Town- ship, be appointed Assessor or Collector for more than one Ward. 16J8. The Assessors shall state in their Assessment-Rolls whether the persons named therein are Freeholders or House- holders, or both, and shall, in separate columns for this purpose, use the initial letters F and H to signify the same respectively. 164. Every occupant of a separate portion of a house, such portion having a distinct communication with a Public road or street by an outer door, shall be deemed a Householder within this Act. 163. The Collectors of the several Townships in a Junior County of a Union of Counties shall ex officio be Collectors in such Townships for the Provisional Council, and the Collectors shall pay over to the Provisional Treasurer the money they collect under any By-law of the Provisional Council. 166. The money so collected shall be deemed the rno.ney of the Union, so far as necessary to make the Collectors and their sureties responsible to the Union therefor ; And in case the Cor- poration of the Union receives the same, such Corporation shall immediately pay the amount to the Provisional Treasurer, retain- ing the expenses of collection. AUDITORS. 167. Every Council shall, at the first meeting thereof in every year after being duly organized, appoint two Auditors, one of whom shall be such person as the Head of the Council nominates ; 1859. Municipal TnsUtutions. Cap. 54. ^Q\ nomlhates \ but ho one who, at such time or during the prece- Disquaiificatioa ding jrear, isor -v^ds a Member, or is or was Clerk or Treasurer '<"■<'''><=« °f- ©f^'the Council, or who ha:s or during such preceding year had; directly or indii-ectly, alone or in conjunction ' with any other person, a share or interest in any contract or employment with or oh behalf of the Corporation, except as Auditor, shall be appointed an Auditor. 168. The Auditors shall examine and report upon all Duties of. accounts affecting the Corporation, or relating to any matter under its control or within its jurisdiction, for the year ending on the thirty-first day of December preceding their appointment. 1^9. The Auditors shall prepare an abstract , of the re- To prepare ceipts, expenditures and liabilities of the Corporation ; and ^g^^g^*g^^^^g_ also a detailed statement pf the said particulars in such form mentofre- as the Cpuncil directs, and report in duplicate on all ihe ac- '^e'dftT''^& counts audited by them ; and shall file the same in the office of i\s^ Clerk of the Council within one month after their ap- pointment, and thereafter any inhabite^nt or rate-payer of -the MunicipEility may inspect one of such duplicate reports, at all sefjsonable hours ; and may, by himself or his agent, at his own expense, take a copy thereof or extracts therefrom. 170. The Council shall, upon the report of the Audi- The Council to tors, finally audit and allow the accounts of the Treasurer or ^ij^"fi"a%> Chamberlain and Collectors and all accounts chargeable against the Corporation; and in case of charges not regulated by law,|theCouiiciI shall allow what is reasonable. 171. The Clerk shall print and publish the Auditors' abstract, cierk to pub- 'and shall also publish the detailed statement in such form as anj statements. the iCouncii directs. 173. Every County Council shall have the regulation and Audit of mo- anditLng of a,ll moneys to be paid out of funds in the hands of Trelsmer.''^ the, County Treasurer. SALARIES AJVD CONTINUANCE IN OFFICE. 173. In case the remuneration of any of the officers of the Salaries of Municipality has not been settled by Act of the Legislature, the officers. Council shall settle the same, and the Council shall provide for the payment of all municipal officers, whether the remunera- i tioii is settled by Statute or by By-law of the Council. 174:. The Chamberlain or Treasurer may be paid a sklary ofChamber- or percentage, arid all officers appointed by a Council shall lain or Trea- hold office until removed by the Council, and shall, in addition *'"^"' 1o th6 duties assigned to them in this Act, perform all other duties required of them by any other Statute, or by the By-laws of thej Council having jurisdiction over such officers. - JJ OFFICIAIi 562 Cap. i i. Municipal Institutions. 22 Vict. OFFICIAL DECLARATIONS. Declaralion of Qualification. 175. Every person elected or appointed under this Act to any office requiring a qualification of property in the incum- bent shall, before he takes the declaration of office, or enters on his duties, make and subscribe a solemn declaration to the effect following ; Form of. Declaration of office. Form of Decla- ration of office. " I, A. B., do solemnly declare, that I am a natural-born (or " naturalized) subject of Her Majesty ; that I am truly and bond '■'•fide seized or possessed to my own use and benefit, of such an " estate, [specifying the nature of such estate., and if land, desig- " nating the same by its local description, rents or otherwise,) as " doth qualify me to act in the office of {naming the office) for " {naming the place for which such person has been elected or " appointed) according to the true intent and meaning of the " Municipal Laws of Upper Canada." 17©. Every Returning Officer and Returning Officer's Clerk, every Township, Village, Town and City Councillor, every Alderman, every Justice of the Peace for a Town, and every Clerk, Assessor, Collector, Constable and other officer appointed by a Council, shall also, before entering on the duties of his office, make and subscribe a solemn declaration to the effect following : " I, A. B., do solemnly promise and declare, that 1 will truly, " faithfully and impartially to the best of my knowledge and " ability, execute the office of (inserting the name of the office) " to which I have been elected {or appointed) in this Township, " {or as the case may be,) and that I have not received and will " not receive any payment or reward, or promise of such, for the " exercise of any partiality or malversation or other undue " execution of the said office." Denial of dis- qualifying in- terestj who to take. Auditor's de- claration. 177. The solemn declaration to be made by every Mayor and Alderman, and by every Township, Village, Town atid City Councillor, shall also state that he has not by himself or his partner an interest in any contract with or on behalf of the Corporation. 178. The solemn declaration to be made by every Auditor shall be as follows : Form of oath. "• I, A. B., having been appointed to the office of Auditor for " the Municipal Corporation of , do hereby promise and " declare that I will faithfully perform the duties of such office " according to the best of my judgment and ability ; and I do " solemnly declare, that I had not directly or indirectly any " share or interest whatever in any contract or employment " {except thai of Auditor, if re-appointed) with, by or on behalf " of such Municipal Corporation,' during the year preceding " my 1859. Municipal Institutions^ Cap. 54. 563 " my appointment, and that I have not any contract or employ- " ment {except that o/ Auditor, if re-appointed) for the present " year." 179. The Head and other members of the Council and the Heads and subordinate officers of every Municipality, shall make the de- oflheCounciT claration of office and qualification before some Court, Judge, before whom Recorder, Police Magistrate or other Justice of the Peace t" <^'e'=iaie. having jurisdiction in the Municipality for which such Head, members or officers have been elected or appointed, or before the Clerk of the Municipality. 1 SO. The Court, Judge or other person before whom such Certificate of. declarations are made, shall give the necessary Certificate of the same having been duly made and subscribed. 181. The Head of any Council, any Alderman, Reeve or HeadofConn- Deputy Reeve, any Justice of the Peace of a Town, and the "^ andReeyes Clerk of a Municipality, may, within the Municipality, admi- teroati™&c" nister any oath, affirmation or declaration under this Act, re- lating to the business of the place in which he holds office, except where otherwise specially provided, and except where he is the party required to take the oath or affirmation, or make the declaration. 18S. The deponent, affirmant or declarant shall subscribe Oathordecla- every such oath, affirmation or declaration, and the person ad- ration to be ministering it shall duly certify and preserve the same, and within eight days deposit the same in the office of the Clerk of the Municipality to the affairs of which it relates, on pain of being deemed guilty of a misdemeanor. 183. Every qualified person duly elected or appointed to Penalty for be a Mayor, Alderman, Councilman, Reeve, or Deputy Reeve, refusing to ac- Councillor, Police Trustee, Assessor or Collector of or in any "aicethe^oaths. Municipality, who refuses such office, or does not make the '^'^• declarations of office and qualification within twenty days after knowing of his election or appointment, and every per- son authorized to administer any such declaration, who, upon reasonable demand, refuses to administer the same, shall, on conviction thereof before two or more Justices of the Peace under and subject to the Consolidated Act of Canada, respecting the duties of Justices of the Peace out of Session in relation to summary convictions and orders, forfeit not more than eighty dollars nor less than eight dollars, at the discretion of such Justices, to the use of the Municipality, together with the costs of prosecution. OFFENCES. 1. --^EMBEZZLEMENT OF BOOKS, MONEYS. 1 84. All books, papers, accounts, documents, moneys and Embezzle- valuable securities respectively, by any person or officer appoint- ™™'^,'^y^''* . , J , '^ 1. 1 If' /.•' v,*^ .11 .. -J mcipal Officers* ed or employed by or on behali ot any Council, kept or received ' Jj2 . by 564 Cap. 54. Munieipdl Institutions. Vict. Stealing or' -destroyingj &c., certain doeuments, relatinig; to Municipal Elections to be felony. Punishment. Value of docu- ment need not be staled. by virtue of his office or employment, shall be the property of the Corporation ; and in case any such person or officer refuses or fails to deliver up or pay over the same respectively to the Corporation, or to any person authorized by the Council to demand them, he shall be deemed guilty of a fraudulent em- bezzlement thereof, and may be prosecuted and punished in the same manner as a servant fraudulently embezzling any chattel, money or valuable security of his master ; but nothing herein shall affect any remedy of the Corporation or of any other person against the offender or his sureties, or any other party ; nor shall the conviction of such offender be receivable in evidence in any suit, at law or in equity, against him. 2. — STEALING WRITS OF ELECTION, POLL BOOKS, &C. 185. If any person steals, orunlawfully or maliciously either by violence or stealth, takes from any Deputy-Returning Officer or Poll Clerk, or from any other person having the lawful custo- dy thereof, or from its lawful place of deposit for the time being, or unlawfully or maliciously destroys, injures or obliterates, or causes to be wilfully or maliciously destroyed, injured or oblit- erated, or makes or causes to be made any erasure, addition of names or interlineation of names, into or upon, or aids, counsels or assists in so stealing, taking, destroying, injuring or ob- literating, or in making any erasure, addition of names or interlineation of names into or upon any Writ of Election or any return to a Writ of Election or any Indenture, Poll Book, certificate or Affidavit, or any other document or paper made, prepared or drawn out according to or for the purpose of meet- ing the requirements of the law in regard to Municipal Elec- tions — every such offender shall be guilty of felony and shall be liable to be imprisoned in the Provincial Penitentiary for any term not exceeding seven nor less than two years, or to be imprison- ed in any other place of confinement for any term less then two years, or to suffer such other punishment by fine or imprisonment or both as the Court shall award ; And it shall not in any indict- ment for any such offence be necessary to allege that the article in respect of which the offence has been committed, was or is the property of any person, or that the same was or is of any value. 22 V. c. 38, s. 3. (1859.) 1. PROVISIONS APPLICABLE TO ALL COUNCILS. •Certain sec- 186. The following Sections numbered from 187 to 241, both toaii Mumd- inclusive, relate to all Municipalities, namely : jjalities. 1. Townships, 2. Counties, 3. Provisional Corporations, 4. Cities, 5. Towns, and 6. Incorporated Villages. JURISDICTION c«- 1869. Municipal Inslilulions. Cap. 54. 5g5 JURISDICTION OF COUNCILS. 187. The Jurisdiction of every Council shall be confined to j^ocal Jurisdic- the Municipality the Council represents, except where authority tjo" of Coun- beyond the same is expressly given, and the powers of the Council shall be exercised by By-law when not otherwise au- thorized or provided for. 188. Every Council may make Regulations not specifically General power provided for by this Act, and not contrary to Law, for governing '" ™?ke foeai the proceedings of the Council, — the conduct of its Members, — • ° and the appointing or calling of special meetings of the Council ; '^° fegulate- I 11 11 1 • 1 1 /■ 1 T 1 meetings and. and generally, such Other regulations as the good of the Inh a- proceedings j, bitants of the Municipality requires; and may repeal, alter and to repeal or.- amend its By-laws, save as by this Act restricted. alter By-laws. BY-LAWS OF COUNCILS, HOW AUTHENTICATED. 189. Every By-law shall be under the Seal of the Corpora- How By-laws* tion, and shall be signed by the Head of the Corporation, or by '? be authen- the person presiding at the Meeting at which the By-law has been passed, and by the Clerk of the Corporation. 190. A copy of any By-law written or printed without certified copies erasure or interlineation, and under the Seal of the Corpora- '° ^e eviden tion, and certified to be a true copy by the Clerk and by any Member of the Council, shall be deemed authentic, and be received in evidence m any (~!ourt of Jiistice without proof of the Seal or Signatures, unless it is specially pleaded or alleged that the Seal, or one or both of the Signatures, have been forged. OPPOSITION TO BY RATJE-PAYERS. 191. In case any person rated on the Assessment-Roll of opposition to any Municipality, or of any locality therein, objects to the ^l^]^^^^' passing of a By-law, the passing of which is to be preceded by rate-payers: the application of a certain number of the rateable inhabitants p„,visionfor. of such Municipality or place, he shall, on petitioning the Council, be at liberty to attend, in person or by Counsel or At- torney, before the Council at the time at which the By-law is intended to be considered, or before a Committee of the Councit, appointed to hear evidence thereon, and may produce^ evidence thai the necessary notice of the application for the By- law was not given, or that any of the signatures to the applica- tion are not genuine, or were obtained upon incorrect state- ments, and that the proposed By-law is contrary to the wishes of the persons whose signatures were so obtained, and that the remaining signatures do not amount to the number nor represent the amount of property necessary to the passing of the By-law. 193. 566 Cap. 64. Munitipal Institidions. Vict. When By-laws shall not pass. 193. If the Council is satisfied upon the evidence that the ap- plication for the By-law did not contain the names of a sufficient number of persons whose names were obtained without fraud aind in good faith, and who represent the requisite amount of property, and are desirous of having the By-law passed, or if the Council is satisfied that the notice required by law was not duly given, the Council shall not pass the By-law. PROCEEDINGS WHEN THE ASSENT OF ELECTORS IS REQUIRED. If a By-law requires the assent of the electors. Time and place of voting shall be ftxed by By-law. 193. In case a By-law requires the assent of the Electors of a Municipality before the final passing thereof, the following proceedings shall be taken for ascertaining such assent, except in eases otherwise provided for : 1. The Council shall by the By-law fix the day, hour and place, for taking the votes of the Electors thereon at every place in the Municipality at which the elections of the Mem- bers of the Council or Councils therein are held ; and shall also name a Returning Officer to take the votes at every such place, and such day shall not be less than three nor more than four weeks after the first publication of the proposed, By-law as herein provided for ; Proposed By- 2. The Council shall, for at least one month before the final fehed' ^"^ ^^^' passing of the prbposed By-law, publish a copy thereof in some newspaper published weekly oroftenerin the Municipality, or if there is no such newspaper, in some newspaper in the nearest place in which a newspaper is published, and also put up a copy of the By-law at four or more of the most public places in the Municipality ; NoUce to be given. Poll. 3. Appended to each copy so published and posted, shall be a notice signed by the Clerk of the Council, stating that such copy is a true copy of a proposed By-law which will be taken into consideration by the Council after one month from the first publication in the newspaper, stating the date of the first publication, and naming the hour, day and place or places fixed for taking the votes of the Electors ; 4. At such day and hour a Poll shall be taken and all pro- ceedings thereat and for the purpose thereof shall be conducted in the same manner as nearly as may be, as at a Municipal Election ; Verified Poll Book to be returned. 5. Every Returning Officer shall, on the day after the closing of the Poll, return his Poll-Book verified to the Clerk of the Local Municipality in which the Poll was taken, and in case of a By-law of a County Council, the Clerk of the Local, Mu- nicipalities shall forthwith return to the Clerk of the County Council the Poll-Book so delivered to him; 6. 1859. Municipal Institutions. Cap. 54. 557 6. The Clerk of the Council which proposed the By-law Clerk to sum shall add up the number of votes for and against the same, and "P,^"'^ ''"^'^"^ shall certify to the Council under his hand whether the majority have approved or disapproved of the By-law ; and shall keep the same with the Poll-Book among the Records of his Office. WHEN REQUIRING THE ASSENT OF THE GOVERNOR IN COUNCIL. 194. The facts required by this Act to be recited in any When the as- By-law which requires the approval of the Governor in Coun- ««"' "^ 'he Go- cil, shall, before receiving such approval, be verified, by solemn qSred to By- declaration, by the Head of the Council, and by the Cham- '='ws. berlain or Treasurer and Clerk thereof, and by such other persons and on such other evidence as to the Governor in Council satisfactorily proves the facts so recited ; or in case of the death or absence of any such Municipal officer, upon the declaration of any other Member of the Council whose decla- ration the Governor in Council will accept. WHEN AND HOW QUASHED. 195. In case a resident of a Municipality, or any other By-laws, how person interested in a By-law, Order or Resolution of the Council '" proceed in thereof, applies to either of the Superior Courts of Com- ""^ ^"^ '"'"^^ " mon Law, and produces to the Court a copy of the By-law, Order or Resolution, certified under the hand of the Clerk and under the Corporate Seal, and shews, by affidavit, that the same was received from the Clerk, and that the applicant is resident or interested as aforesaid, the Court, after at least eight days' service on the Corporation of a Rule to shew cause in, this be- half, may quash the By-law, Order or Resolution in whole or in part for illegalitj^, and according to the result of the appli- cation, award costs for or against the Corporation. WHEN CONFIRMED BY PROMULGATION. 196. In case a By-law by which a rate is imposed has rpj^j^g ^jj^j. been specially promulgated in the manner hereinafter specified, which By-law no application to quash the By-law shall be entertained after q^,ash^^if six months have elapsed since the promulgation. properly pro- mulgated. 197. Every special promulgation of a By-law within the ^j^^^j ^,^^1^,3 meaning of this Act shall consist in the publication, through suchpromulga* the Public Press, of a true copy of the By-law, and of the signa- """" ture attesting its authenticity, with a notice appended thereto of the time limited by Law for applications to the Courts to quash the same or any part thereof. 1 98. In the case of aBy-law by which a Rate is imposed, the And if the By- promulgation shall be either by such publication of a copy of the law impose By-law with such notice as aforesaid, or in lieu thereof by ^"^ '^ *" such 568 Cap. 54. Municipal Institutions. 22 Vict. Notice to be given. Form of such notice. such publication of a notice setting fortli the amount of the rate and giving the substance only of the other parts of the By-law with a similar notice of the time so limited for ajipli- cations to quash as aforesaid ; and the publication referred to in the preceding two sections, shall be in each public newspaper pu* blished weekly or oftener within the Municipality ; or if there be no such newspaper, then in at least two public news- papers published weekly or oftener nearest to the Municipa- lity, and the publication shall for the purpose aforesaid be continued in at least three consecutive numbers of the paper. 199. The notice to be appended to every copy of a By-law, for the purpose aforesaid, shall be to the effect following: " NoTirE. — The above is a true copy of a By-law passed by the Municipal Council of the Township of A, in the County of B, one of the United Counties of B, C and D, {or as the case may be) on the day of , 18 , and [where the approval of the Governor in Council is by laio required to give effect to such By-law) approved by His Excellency the Governor general in Council, on the day of , 18 ; and all persons are hereby required to take notice, that any one desirous of applying to have such By-law or any part thereof quashed, must make his application for that pur- pose to one of Her Majesty's Superior Courts of Common Law at Toronto, within six Calendar months at the farthest after the special promulgation thereof by the publication of this notice in three consecutive numbers of the foUowinsj newspapers, viz : [here name the newspapers in which the publication is ^ to be made), or he will be too late to be heard in that behalf. G. H. Notice setting forth the rate. Form of such notice. Township Clerk." S©0. The notice setting forth the amount of the rate, and giving the substance only of the other parts of the By-law, for the purpose aforesaid, shall be to the effect following : ; "Township A, in the County of B, one of the United Counties of B, C and D, in Upper Canada, to wit : Notice is hereby given, that a By-law, intituled, [set out th& title,) and numbered [jfive the number by which the By-law. is designated,) was on the day of ? 18 , passed by the Municipal Council of the Township of A, in the County of B, one of the United Counties of B, C and D, in Upper Canada, for the purpose of (here set out in substance the object of the By-law, as " raising the necessary funds to meet the general public expenses of the Township of for the year 18 , " or " for the purpose of raising and 1859. Municipai Institutions. Cap. 54. 5 6 9" and contfacting for.a loan of dollars, for making and macadamizing a Road from to " (or otherwise, as the case ma^/ be) and, {where the approval of the Governor in Council is Irif law required to give effect to such By-law,) approved by His Excellency the Governor General in Council, on the day of , 1« ;) and all persons are hereby required to take notice, that any one desirous of applying to have such By-law or any part thereof quashed, must make his application for that purpose to one of Her Majesty's Superior Courts of Common Law at Toronto, within six Calen- dar months, at the farthest, after the special promulgation thereof, by the publication of this notice in three consecutive numbers of the following newspapers, viz : {here name the newspapers in which the publication is to be made), or he will be too late to be heard in that behalf. G. H. Township, Clerk." 301. In case no application to quash any By-law so jf not moved specially promulgated be made within the time limited for j'S''™*'' within that purpose, the By-law, or so much thereof as is not the ed, to be valid. subject of any such application, or not quashed upon such application, so far as the same ordains, prescribes or directs anything within the proper competence of the Council to ordain, prescribe or direct, shall, notwithstanding any want of substance or form, either in the By-law itself, or in the time or manner of passing the same, be a valid By-law. IF QUASHED, THE CORPORATION ONLY TO BE LIABLE. 202. In case a By-law, Order or Resolution be illegal in Liability oi whole or in part, andin case any thing has been done under it Municipality which, by reason of such illegality, gives any person a right „nde?aBy-^ of action, no such action shall be brought until one month law afterwards- has elapsed after the By-law, Order or Resolution has been ''"** ^''' quashed or repealed, nor until one month's notice in wri- ting of the intention to bring such action has been given to the Corporation ; and every such action shall be brought against the Corporation alone, and not against any person acting under the By-law, Order or Resolution. TENDER OF AMENDS BY". 203. Jn case the Corporation tenders amends to the Tender of Plaintiff or his Attorney, if such tender be pleaded and (if tra- amends. versed) proved, and if no more than the amount tendered is recovered, the Plaintiff shall have no costs, but costs shall be taxed to the Defendant, and set oft' against the verdict, and the balance due to either party shall be recovered as in ordinary cases. OFFENCES 570 Cap. 54. Municipal Institutions. iVlCT OFFENCES AGAINST BY-LAWS, Offences against By- laws. S©4. In case any Officer of a Municipal Corporation ne- glects or refuses to carry into effect a By-law for paying a debt, and so neglects or refuses under colour of a By-law illegally attempting to repeal such first mentioned By-law, or to alter the same so as to diminish the amount to be levied under it, such Officer shall be guilty of a misdemeanor, and be punished by fine or imprisonment, or both, at the discretion of thei Court whose duty it may be to pass sentence upon him. Jurisdiction to try. Summary ■ccedings. 905. In case an offence be committed against a By-law of a Council, for the prosecution of which offence no other pro- pro- vision is made, any Justice of the Peace, having jurisdiction in the locality where the offender resides, or where the offence was committed, whether the Justice is a member of the Council or the offence. not, may try and determine any prosecution for Evidence. Penalty and costs; How levied. S06. The Justice or other authority before whom a pro- secution is had for an offence against a Municipal By-law, may convict the offender on the oath or affirmation of any credible witness, and shall, award the penalty or punishment imposed by the By-law with the costs of prosecution, and may, by warrant under the hand and seal of the Justice or other authority, or in case two or more Justices act together therein, then under the hand and seal of one of them, cause any pecuniary pe- nalty and costs, or costs only, if not forthwith paid, to be levied by distress and sale of the goods and chattels of the offender. Commitment 307. In case of there being no distress found, out of which distress"'' "^ the penalty can be levied, the Justice may commit the offender to the Common Gaol, House of Correction or nearest Lock-up-House, for the term specified in the By-law. , Fines how ap- plied. 308. When the pecuniaiy penalty has been levied, one moiety thereof shall go to the informer or prosecutor, and the other Inoiety to the Corporation, unless the prosecution is brought in the name of the Corporation, Eind in that case the whole of the pecuniary penalty shall be paid to the Corporation. Jurisdiction of Mayors and Police Magis- trate's over pe- nal offences. 909. The Police Magistrate, or when there is no Police Magistrate, the Mayor of a Town or City, shall have jurisdiction in addition to his other powers, to try and determine all pro- secutions for offences aga,inst the By-laws of the To'w/n or City, and for penalties for refusing to accept office therein, or to make the necessary declarations of qualification and office. DEBElNftUtiES, &C., HOW TO BE MADE. Debentures, bonds, iScc, 910. All Debentures and other specialties duly authorized to be executed on behalf of a Municipal Corporation shall, unless 1859. Municipal Institutions. Cap. 54. 57 1 unless otherwise specially authorized or provided, be sealed howiobeexe- with the Seal of the Corporation and be signed by the Head ''"'^' thereof, or by some other person authorized by By-law to sign the same, otherwise the same shall not be valid. &c. _2H. Any Debenture heretofore issued, or issued after this Debentures Act takes effect, under the formalities required by law, by any Jfifi^^er^if^ia'^- Municipal or Provisional Municipal Corporation, payable to able to bearer. bearer or to any person named therein or bearer, may be transferred by delivery, and such transfer shall vest the property of such debenture in the holder, and pnable him to maintain an action thereupon in his own name. 212. Any Debenlure issued as aforesaid, and made payable Or, if endorsed to any person or order, shall, (after the endorsation thereof in "a'^a'ye'i^'^*'" blank, by such person,) be transferable by delivery from the order. time of the endorsation, and the transfer shall vest the properly thereof in the holder, and enable him to maintain. an action thereupon in his own name. 213. In a suit or action upon any such Debpnture, it shall In pleading suf- not be necessary for the Plaintiff to set forth in the declaration eribepiaint!ffas or other pleading, or to prove the mode by which he became the holder. the holder of the Debenture, or tP set forth or to prove the notices, by-laws or other proceedings under and by virtue of which the Debenture was issued, but it shall be ^sufficient in such pleading to describe the Plaintiff as the holder of the Debenture, (alleging the indorsation in blank, if any,) and shortly to state its legal effect and purport, and to make proof accordingly. 214. Any such Debenture, issued as aforesaid, shall be fuII amount valid and recoverable to the full amount notwithstanding its recoverable , ^ • i 11 though negoti- negptiation by such Corporation at a, rale less than par, or at a ated at interest rate of interest greater than six per centum per annum. exceeding 6 o r ' ■ '1 pgj. cent, or _^, below par. RESTRICTIONS VPON COUNCILS. ^ 215. No Council shall act as bankers, or issue any Restrictions Bond, Bill, Note, Debenture or other undertaking, of any "P™^"™!^'^ kind or in any form, in the nature of a Bank Bill' or Note, or issuing bills,"" intended to form a circulating medium, or to supply the place bonds, &c. of specie, or to pass as money,; nor, unless specially autho- rized so to do, shall any Council make or give any Bond, Bill, Note, Debenture or other undertaking, for the payment of a less amount than one hundred dollars ; and any Bond, Bill, Note, Debenture or other undertaking issued in contravention of this Section, shall be void. 216. In case any person issues or makes, or assists in to issue Bank issuing or making, or knowingly utters or tenders in payment lo'^s, &c., or '''"' "^^^ ° 572 Cap. 54. Municipal Institutions. 22 Vict. Act, declared a or exchange, any Bond, Bill, Note, Debenture or undertaking, misdemeanor, of any kind Of in any form, in the Natuie of a Bank Bill or Note, intended to form a circulating medium, or to supply the place of specie, or to pass as money, contrary to this Act, such person shall be guilty of a misdemeanor. Granting Mo- nopolies pro- hibited. Except as to any ferry. Contraots by Members "with the Corporation void in hav^ if void in Equity. 217. No Council shall have power to give any person, an exclusive right of' exercising within the Municipality any trade or calling,- or to impose a special tax on any person exer- cising the same, or to require a license to be taken for exercising the same unless authorized or required by Statute so to do ; but the Council may direct a fee, not exceeding one dollar, to be paid to the proper Officer for a certificate of compliance with any regulations in regard to such trade or calling. 918. But nothing in this Act contained shall prevent a Council from granting exclusive privileges in any feiTy which may be vested in the Corporation represented by such Council. 219. In case a member of the Council of any Municipality, either in his own name or in the name of another, and either alone or jointly with another, enters into a contract of any kind, or makes a purchase or sale, in which the Corporation is a party interested, and which is on that account void in equity, the same contract, purchase or sale shall also be held void in any action at law thereon against the Corporation. COSTS OF MANDAMUS. Costs ol Man- damus. 220. Upon any application for a Writ of Mandamus for or against a Municipal Corporation, the Courts may, in their dis- cretion, grant or refuse costs. EXECUTIONS AGAINST CORPORATIONS. Writs of exe- cution against Municipalities. 221. Any Writ of Execution against a Municipal Corpora- tion may be endorsed with a direction to the Sheriff to levy the amount thereof by rale, and the proceedings thereon shall then be the following : Sheriff to deli- ver statement to Treasurer. 1. The Sheriff shall deliver a copy of the Writ and indorse- ment to the Chamberlain or Treasurer, or leave such copy at the office or dwelling house of that officer, with a statement in writing of the Sherifi's fees, and of the amount required to sa- tisfy such execution, including in such amount the interest cal- culated to some day as near as is convenient to the day of the service : If not paid, a Tata to be struck. 2. In case the amount with interest thereon from the day men- tioned in the statement, be not paid to the Sheriff within one month after the service, the Sheriff shall examine the Assessment-Rolls of the Corporation, and shall, in like manner as 1859. Municipal Institutions. Cap. 54. 573 as rates are struck for general Municipal purposes, strilie a rate smtficient in the dollar to cover the amount due on the execu- tion, with such addition to the same as the Sheriff deems suffi- cient to cover the interest, his own fees and the Collector's per- centage, up to the time when such rate will probably be avail- able ; 3. The Sheriff shall thereupon issue a precept or precepts, sheriff's pre- under his hand and seal of office, directed to the Collector or cept to ie\'y. respective Collectors of the Corporation, and shall annex to every precept the roll of such rate, and shall by such precept after reciting the Writ, and that the Corporation had neglected to satisfy the same, and referring to the roll annexed to the precept, command the Collector, or Collectors within their respective jurisdictions, to levy such rate at the time and in the manner by law required in respect of the general annual rates ; 4. In case at the time for levying the annual rates next after who to collect the receipt of such precept, the Collectors have a general rate ^^^ f^te. roll delivered to them for such year, they shall add a column thereto, headed, " Execution rate in A. B., vs. The Township, {or as the case may be, adding a similar column for each execu- tion if more than one,) and shall insert therein the amount by such precept required to be levied upon each person respective- ly, and shall levy the amount of such execution rate as aforesaid, and shall, within the time they are by law required to make the returns of the general annual rate, return to the Sheriff the precept with the amount levied thereon, after deducting their percentage ; 5. The Sheriff shall, after satisfying the Execution and all Surplus. fees thereon, pay any surplus, within, ten days after receiving the same, to the Chamberlain or Treasurer, for the general pur- poses of the Corporation 6. The Clerk, Assessors and Collectors of the Corporation cierk, Asses- shall, for all purposes connected, with, carrying into effect, or fo's and Ooi- . . ^ . f^ . , -,, .rc^ • i rr ^ ii lectors to be permittmg or assisting the Sheriff to carry into effect, the pro- officers of the visions of this Act, with respect to such executions, be deemed ^°^V^'^^^ to be Officers of the Court out of which the Writ issued, and as Jsues. such shall be amenable to the Court, and may be proceeded against by attachment or otherwise, to compel them to perform the duties hereby imposed upon them. DEBTS AND KATES, YEARLY KATES FOR DEBTS. 233, The Council of every Township and the Council of Yearij;ratesto every County and of every Provisional Corporation, and of ^'^J."^"^'*"*^,: *' ^. "^ n c m 1 c T 1 ir-i cient to pav all. every City, and 01 every lown, and of every Incorporated vii- debts. lage respectively, shall assess and levy on the whole rateable property 574 Cap. 54. Municipal Institutions. 22 Vict, By-laws for creating debt. Terms of. When to take eiiect. When debt to be redeemed. If for Gas works, &:c. property within its jurisdiction a sufficient sum in each year to pay all valid debts of the Corporation, whether of principal or interest, falling due within the year. BY-LAWS TO CREATE DEBTS, &C. S23. Every such Council may, underthe formalities required by law, pass By-laws for contracting debts by borrowing money or otherwise, and for levying rates for payment of such debts on the rateable property of the Municipality, for any pur- pose within the jurisdiction of the Council ; but no such By- Law shall be valid which is not in accordance with the follow- ing restrictions and provisions : 1. The By-law, if not for creating a debt for the purchase of public works, shall name a day in the financial year in which the same is passed, when the By-law shall take effect ; 2. If not contracted for gas or water works, or for the purchase of public works, according to the Statutes relating thereto, the whole of the debt and the obligations to be issued therefor shall be made payable in twenty years at furthest from the day on which such By-Law takes effect ; and if the debt is contracted for gas or water works, the same shall in like manner be paid in thirty years at furthest, from the day on which the By-law takes effect ; To provide a yearly rate. Sufficient in amount. Irrespective of future increase of rateable pro- perty. Recitals in : — amount and object of debt ; The yearly rate for the debt. The value of the rateable property, 3. The By-law shall settle an equal special rate per an- num, in addition to all other rates, to be levied in each year for paying the debt and interest ; 4. Such special rate shall be sufficient, according to the amount of rateable property appearing by the last Revised Assessment-Rolls, to discharge the debt and interest when respectively payable ; 5. The amount of rateable property shall be ascertained irrespective of any future increase of the rateable property of the Municipality, and of any income in the nature of tolls, interest or dividends, from the work, or from any stock, shares or interest in the work, upon which the money to be so raised or any part thereof is intended to be invested, and also irres- pective of any income from the temporary investment of the sinking fund or of any part thereof; 6. The By-law shall recite : (1.) The amount of the debt which such new By-law is intended to create, and, in some brief and general terms, the object for which it is to be created ; (2.) The total amount required by this Act to be raised annually by special rate for paying the new debt and interest ; (3.) The amount of the whole rateable property of the Municipality, according to the last Revised Assessment-Rolls ; and, (4.) The annual 1859. Municipal Institutions. Cap. 54, 575 annual special rate in ihe dollar for paying the interest and The yearly rate creating an equal yearly sinking fund lor paying the principal, pun^d'^and mie- of the new debt, according to this Act. rest. 334. Every By-law for raising upon the credit of the Muni- to ije assented cipality any money not required for its ordinary exjienditure, to i^y the rate- and not payable within the same municipal year, shall, before P'^^®''*- the final passing thereof, receive the assent of the Electors of the Municipality in the manner provided for in the 193rd sec- tion of this Act ; Except that in Counties (other than Cities) Exception as to the Council of such County or Counties may raise by By-Law Counties other or By-Laws, without submitting the same for the assent of "'^" *^''"^*' the Electors of such County or Counties, for contracting debts or loans, any sum or sums, over and above the sums required for its ordinary expenditure, not exceeding in any one year twenty thousand dollars. 33£». Provided that no such By-law of a County Council for Course of pro- contractina; any such debt or loan for an amount, over and ?f«ding by , ° ■' -ic-, T T County Coun- above the sums required lor its ordinary expenditure, net ex- oils. Deeding in any one year twenty thousand dollars, shall be valid, unless the same is passed at a meeting of the Council especially called for the purpose of considering the same, and held not less than three months after a copy of such By-law at length as the same is ultimately passed, together with a notice of the day appointed for considering the same, has been pub- lished in some newspaper issued weekly or oftener within the County, or if there be no such public newspaper, then in a public newspaper published nearest to the County ; which said notice may be to the effect following : FORM OF NOTICE. The above is a true copy of a proposed By-law to be taken Form, into consideration by the Municipality of the County {or United C/Ounties) of at , in the said County (or United Counties) on the day of ,18 , at the hour of o'clock in the noon, at which time and placcithe members of the Council are hereby required to attend for the purpose aforesaid. G. H. Clerk. PURCHASE OF PUBLIC WORKS. 336. 1. Any Council may contract a Debt to Her Majesty, in Municipal the purchase of any of the Public Roads, Harbours, Bridges, ^y°^"^^'=i'« W Buildings or other Public Works in Upper Csmada ; and. may ScWotL, and execute such Bonds, Deeds, Covenants and other Securities to <^ontraet debts Her Majesty, as the Council may deem fit, for the payment of Zg^fe^j°^' the pride of any such, Public Woxk already sold or transferred, rate as provid- er Which may be sold or transferred, or agreed to be sold or f4*^^'^';?,;J;'_«« : transferred ^76 Cap. 54. Municipal Institulions. 22 Vict. transferred to such Municipal Corporation, and for securing the performance and observance of all or any of the conditions of sale or transfer ; and may also pass all necessary By-laws^ for any of the purposes aforesaid ; And all such By-laws, Debts, Bonds, Deeds, Covenants and other Securities shall be valid although no Special or other Rate per annum has been settled or imposed to be levied in each year, as provided by the three last preceding sections of this Act ; Kates may be 2. But any Council may in any By-law to be passed for pa'''ml^/°'^f'^^ ^^^ creation of any such Debt, or for the executing any such -debts contract- Bonds, Dceds, Covenants or other Securities as aforesaid, to Her Majesty, or in any other By-law to be passed by the Coun- cil, settle and impose a Special Rate per. annum, of such amount as the Council may deem expedient, in addition to all other rates whatsoever, to be levied in each year upon the assessed rateable property within the Municipality, for the payment and discharge of such Debts, Bonds, Deeds, Cove- nants or other Securities, or some part thereof ; and the By-law shall be valid, although the Rate settled or imposed thereby be less than is required by the said sections last men- tioned ; and the said sections shall, s(^ far as applicable, apply and extend to every such By-law, and the moneys raised or to be raised thereby, as fully in every respect as such pro- visions would extend or apply to any By-law enacted by any Council for the creation of any Debt, as provided in the said sections, or to the moneys raised or to be raised thereby ; *cl with the ■Crown for such Works. Purchase of claims due to Oovernment. 3. The Council of any Municipal Corporation purchasing any claim under the Act respecting the sale and purchase of claims dae to Government for moneys advanced to Public Works, may raise by assessment the sum necessary to pay the consideration agreed upon. 13, 14 V. c. 71, s. 1. HOW ACCOUNTS OF DEBTS AND KATES TO BE KEPT. Two special accounts to be kept ; 1, of the special rates ; 2, of the Sink- ing Fund. 2S7. The Council of every County, Provisional Corporation^ Township, City, Town and Incorporated Village, shall keep in its books two separate Accounts, one for the Special Rate, and one for the Sinking Fund, of every debt, to be both distinguished from all other accounts in the books by some prefix designating the purpose for which the debt was con- tracted ; and shall keep the said Accounts, with any others that are necessary, so as to exhibit at all times the state of every debt, and the amount of moneys raised, obtained and appropriated for payment thereof. When surplus 338. If, after paying the interest of a debt and appropria- th/siXnf '" *^"g ^^® necessary sum to the Sinking Fulid ofi such debt Fiind Account, for any financial year, there be a surplus at the credit of the Special Rate Account of such d&bt, such surplus shall so remain, and may be applied, if necessary, towards the next year's 1859. Municipal Institutions. Cap. 54. 577 year's interest ; but if such surplus exceeds the amount of the next year's interest, the excess shall be carried to the credit of the Sinking Fund Account of such debt. HOW SURPLUS TO BE INVESTED. 339. Every such Council shall, from time to time, invest in ^^^ surpi™ to Government securities or otherwise, as the Governor in Council be disposed of. may direct, such part of the produce of the special rate levied in respect of any debt and at the credit of the Sinking Fund Ac- count, or of the Special Rate Account thereof as cannot be imme- diately applied towards paying the debt by reason of no part thereof being yet payable ; and the Council shall apply all investment interest or dividends received upon such investments to the how to he same purpose as this Act directs the amount levied by the Spe- ™^'^®" cial Rate to be applied, but the Governor in Council may by .. order direct such part of the produce of the Special Rate at the moneys with credit of the Sinking Fund Account, or of the Special Rate Ac- consent of . count as aforesaid, instead of being so invested as aforesaid, to council. be from time to time as the same accrues, applied to the payment or redemption (at such value, not exceeding par, as the said Council can agree for,) of any part of such debt or of any of the debentures representing or constituting such debt, or any part of it, though not then payable, to be selected as provided in such order, and the Municipal Council shall thereupon apply and con- tinue to apply the said part of the produce of the Special Rate at the credit of the Sinking Fund or Special Rate Accounts as directed by such order. APPROPRIATION OF SURPLUS. 330. Every such Council may appropriate to the payment of Council may any debt the surplus income derived from any public or corpora- ^pp^v °^l^f^ tion work, or from any share or interest therein, after paying snch dnbts. the annual expenses thereof, or any unappropriated money in the Treasury or any money raised by additional rate ; and any money so appropriated shall be carried to the credit of the Sinking Fund of the debt. WHEN BY-LAWS CREATING DEBTS REPEALABLE. 33 1 . When part only of a sum of money provided for by a By- ^j^^^ ^^ law has been raised, the Council may repeal the By-law as to any of a debt has part of the residue and as to a proportionate part of the Special ^he"By-kw'^' Rate imposed therefor, provided the repealing By-law re- mayberepealed cites the facts on which it is founded, and is appointed to take ^™ **"*"• effect on the thirty-first day of December in the year of its pas- sing and does not affect any rates due, or penalties incurred before that day, and provided the By-law ds first approved by the Governor in Council ; 333. After a debthas been contracted,theC6uncilshallnot,until By-laws not the debt and interest have been paid, repeal the By-law under repe^iabie and KK which 578 Cap. 54. Municipal Institutions. 22 Vict. appropriations not revocable till debt paid. which the debt was contracted, or any By-law for paying the debt or the interest thereon, or for providing therefor arate or additional rate, or appropriating thereto the surplus income of any work or of any stock or interest therein, or money from any other source ; and the Council shall not alter a By-law providing any such rate so as to diminish the amount to be leviedunder the By-law, except in the cases herein authorized, and shall not apply to any other purpose any money in the Corporation Trea- sury which, not having been previously otherwise appropriated by any By-law or Resolution, has been directed to be applied to such payment. WHEN SPECIAL RATE MAY BE REDUCED. When the rate 233. In caseinany particularyear,oneormore ofthe following ■ imposed by By- sources of revenue, namely : 1. The sum raised by the special dncedbyBy- rate imposed for the payment of a debt, and collected for any '^^- particular year ; and 2. The sum on hand from previous years ; and 3. Any sum derived for such particular year from the sur- plus income of any work, or of any share or interest therein applicable to the Sinking Fund of the debt; and 4. Any sum derived from the temporary investment of the Sinking Fund of the debt, or of any part of it ; and carried to the credit of the Special Rate and Sinking Fund accounts respectively amount to more than the annual sum required to be raised as a special rate to pay the interest, and the instalment of the debt for the particular year, and leave a surplus to the credit of such accounts or either of them, then the Council may pass a By-law reducing the total amount to be levied under the original By-law for the following year to a sum not less than the difference between such last mentioned surplus and the annual sum which the original By-law named and required to be raised as a special rate. Recitals requi- 234. But the By-law shall not be valid— unless it recites: site m such "^ By-law. 1. The amount of the special rate imposed by the original By-law ; 2. The balance of such rate for the particular year or on hand from former years ; 3. The surplus income of the work, share or interest therein received for such year ; and 4. The amount derived for such year from any temporary investment of the Sinking Fund — Reducedrateto ^""^ unless the By-law names the reduced amount in the be named. dollar to be levied under the original By-law — To be approved Nor unless the By-law be afterwards approved by the Go- of by the Gov- vernor in Council. ernor. ■ ■ _ ANTICIPATORY 1859. Municipal Institutions. Cap. 54. 579 ANTICIPATORY APPKOPRIATIONS. 23l». In case any Council desires to make an Anticipatory Anticipatory Appropriation for the next ensuing: year in lieu of the special appropriations ' Vc L • (• ° ■'i , 1 ^ .1 ' r may oe made. rate lor such year, in respect oi any debt, the Council may do fio, by By-law, in the manner and subject to the provisions and restrictions following : 1. The Council may carry to the credit of the Sinking Fund what Fund Account of the debt, as much as necessary for the purpose may be so ap- j. • 1 ' ^ propriated, aioresaid ; "^ ^ (a.) Of any money at the credit of the Special Rate Account of the debt, beyond the interest on such debt for the year following that in which the Anticipatory Appropriation is made ; (b.) And of any money raised for the purpose aforesaid by ad- ditional rate or otherwise ; (c.) And of any money derived from any temporary investment of the Sinking Fund ; (d.) And of any surplus money derived from any corporation work or any share or interest therein ; (e.) And of any unappropriated money in the Treasury ; Such moneys respectively not having been otherwise appropriated ; 2. The By-law making the appropriations shall distinguish The sources to the several sources of the amount and the portions thereof to be ^ distmgujsh- respectively appli(>d for the interest, and for the Sinking Fund Appropriation of the debt for such next ensuing year ; 3. In case the money so retained at the credit of the Special when suffi- Rate Account, and so appropriated to the Sinking Fund Ac- ?'*"'; '^J^fT ' A , 1 . ■ J ly Tom nlay D6 count from all or any oi the sources above mentioned, are suspended for sufficient to meet the Sinking Fund Appropriation and interest the future year. for the next ensuing year, the Council may then pass a By- Law directing that the original rate for such next ensuing year be not levied ; S36. The By-law shall not be valid unless it recites : 1. The original amount of the debt, and in brief and general The By-law to terms, the object for which the debt was created ; ^'inaf debt?"" 2 The amount, if any, already paid of the debt ; The amount paid. 3. The annual amount of the Sinking Fund Appropriation re- The amount of quired in respect of such debt ; Sinking Fund kk2 4. 580 Cap. 64. Municipal Institutions. 22 Vict The amount in 4. The totalamount,thenonhand,of the Sinking Fund Appro- hand, priations, in respect of the debt, distinguishing the amount thereof in cash in the treasury from the amount temporarily invested : The amount 5- The amount required to meet the interest of the debt, for the required for year next after the making of such Anticipatory Appropriation ; terest. and And that it is 6. That the Council has retained at the credit of the Special reserved. 'Rate Account of the debt, a sum sufficient to meet the next years' interest (naming the amount of it), and that the Coun- cil has carried to the credit of the Sinking Fund Account a sum sufficient to meet the Sinking Fund Appropriation (naming the amount of it) for such year ; and By-law to be 7. No such By-law shall be valid unless approved by the e'cCrnol"'' Governor in Council. After the disso- 337. After the dissolution of any MunicipalUnion, the lution of a Senior Municipality may make an Anticipatory Appropriation nior°Municipa- for the relief of the Junior Municipality, in respect of any debt litymajr relieve secured -by By-law in the same manner as the Senior Munici- an anticipatory pality might do on its own behalf. appropriation. REPORT OF DEBTS TO BE MADE YEARLY. Every Council 338. Every Council shall, on or before the thirty-first to make a day of January in each year, transmit to the Governor General, ofthJstat''e°of through the Provincial Secretary, an account of the several the debts to the debts of the Corporation, as they stood on the thirty-first day of ovemor, &c. jjggember preceding, ■ specifying in regard to every debt of which a balance remained due at that day : 1 . The original amount of the debt ; 2. The date when it was contracted ; 3. The days fixed for its payment ; 4. The interest to be paid therefor ; 5. The rate provided for the redemption of the debt and interest ; 6. The proceeds of such rate for the year ending on such thirty-first day of December ; 7. The portion (if any) redeemed of the debt during such year; 8. The amount of interest (if any) unpaid on such last men- tioned day ; and 9. The balance still due of the principal of the debt. 339. 1859. Municipal Inslitutvms. Cap, 54. ^^\ 239. The form of the account may from time to time be The Governor prescribed by the Governor in Council. may prescribe a form of ac- count. COMMISSIONS OF INQUIRY RESPECTING MUNICIPAL FINANCES. 240. In case one third of the members of any Council peti- when a com- tionfor a Commission to issue under the Great Seal, to inquire mission of in- into the financial affairs of the Corporation and things connected S'"''^ therewith, and if sufficient cause be shewn, the Governor in Council may issue a Commission accordingly, and the Commissioner or the Commissioners, or such one or more of them as the Commission empowers to act, shall have the same power to summon witnesses, enforce their attendance, and compel them to produce documents and to give evidence, as any Court has in civil cases. 241. The expense to be allowed for executing the Cominis Expenses of sion shall be determined and certified by the Minister of suchCommig-, Finance or his Deputy, and shall become thenceforth a debt ^°"' P™"''^*'' due to the Commissioner or Commissioners by the Corporation) and shall be payable within three months after demand thereof made by the Commissioner, or by any one of the Commis- sioners, at the office of the Treasurer of the Corporation. 2. PROVISIONS APPLICABLE TO ALL MUNICIPALITIES EXCEPT PROVISIONAL CORPORATIONS. 242. The following Section applies to all Municipalities, sggiij,^^ Provisional Corporations not included, namely : phcaWe to all, except Provi- sional Councils. 1. Counties, 2. Townships, 3. Cities, 4. Towns, and 5. Incorporated Villages. 243. The Council of every County, Township, City, Town Council may and Incoi-porated Village may respectively pass By-laws : make By- OBTAINING PROPERTT. 1 . For obtaining such real and personal property as rtiay be p^^. obtainin<> required for the use of the Corporation, and for erecting, im- property, rea! proving and maintaining a Hall and any other houses ^^ personal, and buildings required by and being upon the land of the Cor- poration, and for disposing of such property when no longer required ; . APPOINTING CERTAIN OFFICERS. 2, For appointing such, — To appoint officers ; (1.) Pound-keepers ; (2.) Fence-Viewers (3.) Overseers of Highways ; (4.) Road Surveyors ; (5) 582 Cap. 54. Municipal Inslitutions. 22 Vict., (5.) And other officers as are necessary in the affairs of the Corporation, or for carrying into effect the provisions of any Act of the Legislature for the removal of such officers. To fix fees and 3. For regulating the remuneration, fees, charges and duties securities; ^f g^^j^ officers, and the securities to be given for the per- formance of such duties ; AIDING AGRICULTURAL AND OTHER SOCIETIES. For aiding Agricultural Societies ; 4. For granting money or land in aid of the Agricultural Association of Upper Canada or of any duly organized Agri- cultural or Horticultural Society in Upper Canada, or of the Board of Arts and Manufactures for Upper Canada, or of any incorporated Mechanics' Institute within the Municipality ; Local census. 5. For taking a Census of the inhabitants, or of the resident Male freeholders and householders of the Municipality ; Fines and pe- nalties for ne- glect of duly. FINES AND PENALTIES. 6. For inflicting reasonable fines and penalties not exceeding Fifty Dollars exclusive of costs, — {a.) Upon any person for the non-performance of his duties who has been elected or appointed to any Office in the Corpora- lion, and who has accepted such Office and taken the oaths, and afterwards neglects the duties thereof ; and (6.) For breach of any of the By-laws of the Corporation ; and 7. For collecting such penalties by distress and sale of the goods and chattels of the offender ; Imprisonment 8. For inflicting reasonable punishment, by imprisonment •when allowed, -^jth or without hard labour either in a Lock-up-house in some Town or Village in the Township, or in the County Gaol or House of Correction for any period not exceeding Twenty-one days, for breach of any of the By-laws of the Council in case of non- payment of the Fine inflicted for any such breach, and of there being no distress found out of which such fine can be levied. 3. PROVISIONS APPLICABLE TO TOWNSHIPS, CITIES, TOWNS, AND INCORPORATED VILLAGES. Penalties by distress. "Wj'.at sections skall so apply. 244. The following Sections numbered from two hundred and forty-five to two hundred and sixty-four shall apply to the following Municipalities, namely : \. Townships, 2. Cities, 3. Towns, and 4. Incorporated Villages. And Sections two hundred and fifty-four to two hundred and fifty -eight, both included, apply to all such places as are therein referred to. PUBLIC 1859. Municipal Institutions. Cap. 64. 583 PUBLIC HEALTH. S45. The Members of every Township, City, Town and jj j^ c Incorporated Village Council shall be Health Officers within coiinciUo°be their respective Municipalities, under the Consolidated Sta- Health OtRcers. tute lor Upper Canada, respecting the Public Health, and under any Act passed after this Act takes effect for the like purpose ; but any such Council may by By-law delegate the powers of its members as such Health Officers to a com- mittee of their own number, or to such persons, either inclu- ding or not including one or more of themselves, as the Council thinks best. 346. The Council of every Township, City, Town and Incor- Council may porated Village may respectively pass By-laws : l^w^^" SHOP AND TAVERN LICENSES. 1. For granting Tavern Licenses (that is licenses for the re- por retailing tail of 'spirituous, fermented or other manufactured liquors to be intoxicating drunk in the Inn, Ale-house, Beer-house or other house, or "J"""*" place of public entertainment in which the same is sold), and for granting shop licenses, (that is licenses for the retail of such liquors in Shops, Stores or places other than Inns, Ale- houses, Beer-houses or places of public entertainment ; 2 For declaring the terms and conditions required to be Terms on complied with, by an applicant for a Tavern license, and the se- which license curity to be given by him for observing the same ; ^^^ ^ ""^^^ ' 3. For declarinsf the securitv to be given by an applicant for „ •, , v „. „ ■=',. „• , ° . , -r, ^ ,• , Security to be a Shop or lavern License, lor observing the By-laws ol the given. Municipality ; 4. For limiting the number of Tavern and Shop licenses Number may respectively ; ^^ '™''^'^- 5. For regulating the houses or places licensed, the time Regulation of the licenses are to be in force, not exceeding one year, and the pubhc houses. sums to be paid therefor respectively. PROHIBITED SALE OF SPIRITUOUS LIQUORS. 6. For prohibiting the sale by retail of spirituous, fer- Sale of liquors mented or other manufactured liquors in any Inn or other House !" *''°P* "''„ . , I. ^ , . . . ^ . p taverns mav be 01 public entertainment ; and lor prohibiting the sale thereof m prohibited. ' Shops and places other than houses of public entertainment ; Provided the By-law, before the final passing thereof, has been duly approved by the Electors of the Municipality in the manner provided by this Act ; S47.. 584 Cap. 54. Municipal Institutions. 22 Vict. The sums to be paid for li- censes. Sum to include the Imperial and Provincial duty. Sum nol to ex- ceed $100. Unless approv ed by public vote, &c. 247. The sum to be paid for a Tavern license shall include , as well the duty payable under the Imperial Statute passed in the fourteenth year of the Reign of King George -the Third, intituled, An Act to establish a fund towards defraying the charges of the administration of Justice and the support of tlie Civil Government within the Province of Quebec, as the duty payable to the Province under any Act of the Parliament of this Province, and shall not be less than Twenty-five dollars, and every license so granted as aforesaid shall be held a license for the purpose of the said Imperial and Provincial Acts, and except the sum payable to the Province, the sum paid for the License shall be applied to the use of the Corporation,; But no By-law by which a greater sum than one hundred dollars per annum is intended to be exacted for any Shop or Tavern License, or for leave to exercise any other calling, or to do any other thing for which a License may be required, shall have force or effect, unless the By-law before the final passing thereof has been duly approved by the electors of the Municipality in the manner provided by this Act ; and the By-law shall not be varied or repealed unless the By-law for that purpose has been duly approved in like manner by the Electors of the Municipality. 22 V. c. 76, s. 14. S48. It was and is the intent and meaning of the last pre- ceding section, — that the Provincial duty payable on Tavern- Licenses, under the fourteenth section of the Act passed in the first Session of the twenty-second year of Her Majesty's Reign intituled. An Act to amend the law relative to Duties of Cus- toms and of Excise, and to impose new duties, and a duty on Tavern Keepers, or under the Consolidated Statutes of Canada consolidating the same, should and shall be paid over by the Municipal Officer receiving the same to the Receiver General, (after deducting four per cent, for his trouble in collecting it) — in the manner provided by the said Acts, and subject to all the enactments thereof,--- -but that the duty under the Imperial Act cited in the said last preceding section, and any further sum payable for such Licenses over and above the said Pro- vincial duty, should be applied to the use of the Corporation. 22 V. c. 37, s. 1. (1859.) 249. No Tavern or Shop license shall be necessary for selling any liquors in the original packages in which the same have beeii received from the importer or manufacturer ; Pro- vided such packages contain respectively not less than five gal- lons, or one dozen bottles. Tavern keep- 250. Any person having a Tavern license may, without ers may sell to a,jjy additional licen.=ie, sell liquors by retail to be consumed out of the out of his housc, in the same quantities as if to be consumed in house. the house. Intent of last sect, as regards the Provincial duty declared. No Ucense re- quired to sell in the original packages. Tavern keep- ers to exhibit 251. Every person who keeps a or place of public entertainment, and Tavern or other house has a Tavern License, shall 1859. Municipal Institutions. Cap. 54. 585 shall exhibit over the doOr of such Tavern, House or place, in notice of being large letters, the words " Licensed to sell Wine, Beer and other iwensed. Spirituous or Fermented Liquors," under a penalty in default of so doing of one dollar, recoverable with costs before any Justice of the Peace upon the oath of one credible witness ; one half of which penalty shall go to the Informer and the other half to the Municipality. S33. No licensed Shop-keeper, or other person having a shop licenses Shop License, shall allow any Liquors sold by him and for the not to authorize sale of which a license is required, to be consumed within his to be°oonsumed Shop, or within the building of which such Shop is a part, ii t'"^ )iouse. either by the purchaser thereof or by any other person not usually resident within such building. 333. All prosecutions for penalties incurred by persons Penalties re- vending Wine, Rum, Brandy or other Spirituous Liquors, coverabie be- Beer, Ale, Cider or other fermented or manufactured Liquors tic^'oi'the* without License, shall be recoverable with costs before any two Peace. or more Justices of the Peace having jurisdiction in the Munici- psility in which the offence is committed upon the oath of one credible witness, one half of which penalty shall go to the informer and the other half to the Municipality. S54. In all places where, by the laws of Upper Canada, intoxicating intoxicating liquors are or may be allowed to be sold by ''i'^°ff .'^"i,*" wholesale or retail, no sale or other disposal of the said verns, &c. at liquors shall take place therein or on the premises thereof, certain times. or out of or from the same, to any person or persons whom- soever, from or after the hour ot seven of the clock on Saturday night till the hour of eight of the clock on Monday morning thereafter, and during any further time on the said days and any hours on other days during which by any By-law of the Municipality wherein such place or places may be situated, the same or the bar-room or bar-rooms thereof ought to be kept closed, save and except to travellers lodging Exception at, or ordinary boarders lodging at the place or places where such liquor is sold, and save and except in cases where a re- quisition, for medicinal purposes, signed by a licensed me- dical practitioner or by a justice of the peace, is produced by the vendee or his agent, nor shall any such liquors be perrhitted Nor shall such or allowed to be drunk in any such places, except as aforesaid, ^'^^^^nthe during the time prohibited by this section for the sale of the premises dm-- Same. 22 V. C. 6, S. 1. (1859.) mgthesame. 255. For the first offence under the last preceding section, a Penalty. penalty of not less than twenty dollats, with costs, shall, in case ^.^^^ offence of conviction, be recoverable from, and leviable against the goods and chattels of the person or persons who are the proprietors in occupancy, or tenants or agents in occupancy, of said place or places, and who are found by himself or herself or them- selves or his, her or their servants or agents, to have contravened the 586 Cap. 54. Municipal Institutions. 22 VicT^ the enactment in the last section hereof, or any part thereof ; — for Second offence- the second offence, a penalty against ail sachofnotlessthan forty Third offence. ^^oUars, with costs,-r-for a third offence, a penalty against all such of not less than one hundred dollars, with costs, and fora fourth or any after offence, a penalty against all such of not less than three months' imprisonment with hard labor, in the common gaol of the County wherein such place and places Proof offormer may be, the number of said offences to be ascertained by oflenL-e. ^^^ production of a certificate from the convicting Jus- tice, or by other satisfactory evidence to the Justice before whom the information or complaint may be made ; and con- victions for several offences may be made under this and the- last preceding section of this Act although such offences may Proviso. have been committed in the same day ; But the increased penalties hereinbefore imposed shall only be recoverable in the case of offences committed on different days. 22 V. c. 6, s. 2, (1859.) Fourth offence Who may pro- secute. Jjimitation of suits. Procedure. S!5®. Any person or persons may be the informant or infor- mants, complainant or complainants, in prosecuting under the two last preceding sections of this Act ; all proceedings shall be begun within twenty days from the date of the offence, all informations, complaints or olher necessary pro- ceedings may be brought and heard before any one or more Justices of the Peace of the County where the offence or of- fences were committed or done, and the mode of procedure in, and the forms appended to, the Consolidated Statute of Canada respecting the dnties of Justices of the Peace out of Sessions in relation to summary convictions and orders, may be followed as regards the cases and proceedings under the said sections of this Act. 22 V. c. 6, s. 3, (1859.) Application of S«5T. The penalties in money, mentioned in the two hundred penalties. ^jjj fifty-fifth Section, or any portion of them which may be recovered, shall be paid to the convicting Justice or other acting Justice in the case, and by him paid equally, one half to the informant or complainant, and the other half to the Treasurer of the Municipality where the place or places referred to are situated. 22 V. c. 6, s. 4, (J659.) Interpretation. 258. The word " Liquors " in the two hundred and fifty- fourth Section mentioned, shall be understood to mean and com- prehend all spirituous and malt liquors, and all combinations of liquors or drinks which are intoxicating. 22 V". c. 6, s. 5, (1859.) INSPECTORS or LICENSES. SjTSJ. The Council of every Township, City, Town and In- corporated Village, may respectively pass By-laws : Appointment of 1 . For appointing annual ly one or more fit and proper persons, Shopan™ "' possessing the same property qualification as that required for Tavern Li- the Councillors of the Municipality, lo be Inspectors of Shop censes. ^^^ 1859. Municipal Institutions. Cap. 64. 5 gj and Tavern Licenses, who shall hold office during the current Term of office., year, and any vacancy occurring during the year shall be filled by the Council, for the remainder of such year ; 2. For fixing and defining the duties, powers and privileges Duties and re- of the Inspectors so appointed ; the remuneration they shall muneration of j receive ; aad the security to be given by them for the efficient security. discharge of the duties of their office ; such By-laws not being contrary to law. 360. Any Inspector of Licenses may, in his discretion inspectors majr (but subject to any By-law of the Municipality,) endorse on any endorse licenses license permission to the person holding the license, to sell the saie^ofUquora liquors mentioned in his License at any place out of his house, elsewhere than or to remove from the house licensed to another house to be i" ' ^ ""^®' described in the indor'Sement and situate within the same Munici- pality, and such permission shall authorize the holder thereof to sell such Liquors in the House mentioned in the endorse- ment during the unexpired portion of the term for which the License was granted, and upon the same terms and conditions ; And any Bond or security which such holder may have given for any purpose relative to such license, shall apply to the house or place to which such removal is authorized. a&i. Every Council of a Township, City, Town or Incor- porated Village may also pass By-laws : BILLIARD TABLES. 1. For licensing, regulating and governing all persons who, Billiard Tables for hire or gain directly or indirectly, keep, or have in their pos- to be licensed. session, or on their premises, any Billiard Table, or who keep or have a Billiard Table in a house or place of public enter- tainment or resort, whether such Billiard Table is used or not, and for fixing the sum to be paid for a License so to have or keep such Billiard Table, and the time such License shall be in force ; VICTUALLING HOUSES, &C. 2. For limiting the number of and regulating Victualling victualling Houses, ordinaries, and houses where fruit, oysters, clams, or ^XT^iXor victuals are sold to be eaten therein, and all, other places for of. the reception, refreshment or entertainment of the public ; and 3. For licensing the same when no other provision exists License and therefor, and for fixing the rates of such Licenses not exceeding fee for same. Twenty dollars. LICENSES HOW LONG TO CONTINUE. 2©!3. In case any By-law respecting Licenses is repealed. Licenses when altered or amended, no person shall be required to take out a new ^\'^^^^^^^^'" license or 10 pay any additional sum upon his license during the time for which the same has been granted to him. LICENSE 588 ^^P- ^"^^ Municipal Institutions. 22 Vict LICENSE FEES. License fees to 363. All sums of money levied for licenses over and above belong to Mu- the sum payable to the Province, by way of duty, shall belong to nicipa ity. ^.^^ Corporation of the Municipality in which they are levied. DISORDERLY INNS. How keepers 264. The Mayor or Police Magistrate of a Town or City, or disorderly with any one Justice of the Peace having Jurisdiction therein, ceeded°ajaFnst". or the Reeve of a Township or Village with any one Justice of the Peace having Jurisdiction in the Township or Village, upon complaint made on oath to them, or one of them respectively, of riotous or disorderly conduct in any Inn, Tavern, Ale or Beer house situate within their jurisdiction, may summon the keeper of the Inn, Tavern, Ale or Beer House, to answer the complaint, and may investigate the same summarily, and either dismiss the complaint with costs to be paid by the complainant, or convict the keeper of having a riotous or dis- orderly house, and annul his license, or suspend the same for not more than sixty days, with or without costs, as in their discretion may seem just. LAND MARKS AND BOUNDARIES. Land marks' S65. In case the Council of any Township, City, Town andmoiiuments or Incorporated Village adopts a resolution on the application of IriS"''^™"'^" one half of the resident landholders to be affected thereby, that it is expedient to place durable monuments at the front or rear of any concession or range or part thereof in the municipality, or at the front and rear angles of the lots therein, the Council may apply to the Governor in the manner provided for in the sixth to the tenth sections of the Consolidated Statute of Upper Canada ' '^' ' respecting the survey of lands, praying him to cause a survey of such concession or range, or such part thereof, to be made and such monuments to be placed under the authority of the Commis- sioner of Crown Lands, and the person or persons making the survey shall accordingly plant stone or other durable monu- ments at the front or at the rear of such concession or range, or such part thereof as aforesaid, or at the front and rear angles of every lot therein, (as the case may be,) and the limits of each lot so ascertained and marked, shall be the true limits thereof ; and the costs of the survey shall be defrayed in the manner prescribed by the said Statute. Certain Couii- ®®®- ^he Council of every Township, City, Town or oils may pass Incorporated Village may also pass By-laws : By-lawSj for — PROVISION FOR ESTABLISHING BOUNDARIES. Asoertainin-' ^' For procuring the necessary estimates, and making the and marking proper application for ascertaining and establishing the bouii- boundaries of (ja.ry lines of the Municipality, according to law, in case the same J839. Municipal Institutions. Cap. 54. 539 same has not been done ; and for erecting and providing for the preservation of the durable monuments required to be erected for evidencing the same ; SCHOOLS. 2. For_ obtaining such real property as may be required for Acquiring land the erection of Common School Houses thereon and for other for schools. Common School purposes, and for the disposal thereof when no longer required ; and for providing for the establishment and support of Common Schools according to law ; CEMETERIES. 3. For accepting or purchasing land for public cemeteries, For establish- as well within as without the Municipality, and for laying out, '"^ cemeteries. improving and managing the same ; but no land shall be ac- cepted or purchased for such purpose, except by a By-law de- claring in express terms that the land is appropriated for a public cemetery and for no other purpose ; and thereupon such land, a:lthough without the Municipality, shall become part thereof, and shall cease to be part of the Municipality to which it formerly belonged ; and such By-law shall not be repealed ; 4. For selling or leasing portions of such land for the purpose For selling por- of interment, in family vaults or otherwise, and for declaring fjons thereof on ia the conveyance the terms on which such portions shall be ""' "^^ '^™*' held ; CRUELTY TO ANIMALS. 5. For preventing Cruelty to animals ; and for preventing Preventing the destruction of birds, the By-laws for these purposes not cruelty to ani- being inconsistent with any Statute in that behalf ; mals. DOGS. 6. For imposing a tax on the owners, possessors or har- Tax on dogs. bourers of dogs ; 7. For killing dogs running at large contrary to the By-laws ; billing dogs. FENCES. 8. For settling the height and description of lawful fences ; Height of fences. DIVISION FENCES. 9. For regulating the height, extent and description of law- of cUvision ful division fences ; and for determining how the cost thereof fences. shall be apportioned ; and for directing that any amount so apportioned shall be recovered in the same manner as penalties not otherwise provided for may be recovered under this Act ; but 51)0 Cap. 54. Municipal Institutions. 22 Vict. but until such By-laws be made, the Act respecting line fences and water courses, shall continue applicable to the Municipality ; WEEDS. Destruction of 10. For preventing the growth of weeds detrimental to good -weeds. husbandry ; EXHIBITIONS, SHOWS, &C. .Xjicensing JEMblic Shows. 1 1 . For preventing or regulating and licensing exhibitions of Wax Work, Menageries, Circus riding and other such like shows usually exhibited by showmen, and for requiring the pay- ment of License fees for authorizing the same, not exceeding one hundred dollars for every such License, and for imposing fines upon persons infringing such By-Laws, and for levying the same by distress and sale of the goods and chattels of such showman or belonging to or used in such Exhibition whether owned by such showman or not, or for the imprisonment of such offenders for any term not exceeding one month ; GRAVES. Protecting graves. 12. For preventing the violation of cemeteries, graves, tombs tombstones or vaults where the dead are interred : INJURIES TO PRIVATE PROPERTY AND NOTICES. Ornamental 13- For preventing the injuring or destroying of trees planted trees. or preserved for shade or ornament ; Signs. 14. For preventing the pulling down or defacing of sign- boards, and of printed or written notices ; GAS AND WATER. Authorizing 15. For authorizing any Corporate Gas or Water Company to Gas and Water lav down pipes or conduits for the conveyance of water or. gas Companies to^', .'' ,,. ,. •' , ,.° laydown pipes, under streets or public squares, subject to such regulations as ^'^- the Council sees fit ; and STOCK IN* Taking Stock in Gas and Water Com- panies. 16. For acquiring stock in, or lending money to, any such Company ; and for guaranteeing the payment of money bor- rowed by, or of debentures issued for money so borrowed by, the Company ; Provided the By-law is consented to by the Electors, as hereinbefore provided. X)irector. HeadofCorpo- 3^7. The Head of any Corporation holding Stock in any such ration to be a Company to the amount of ten thousand dollars shall be ex officio a. tiiiector of the Company in addition to the other Di- rectors thereof, and shall also be entitled to vote on such Stock at any Election of Directors. 4.-- 1859. Municipal Institutions. Cap. 54. 59 J 4. PROVISIONS APPLICABLE TO TOWNSHIPS AND COUNTIES. 868. The following Section applies to Townships and Counties : 569. The Council of every Township and County may pass jj By-laws for paying the Members of the Council for their attend- Comicmors'"^ ance in Council, at a rate not exceeding one dollar and fifty '™'"^- cents per diem. 5. PROVISIONS APPLICABLE TO TOWNSHIPS ONLY. 570. The following Sections numbered two hundred and seventy-one to two hundred and seventy-nine apply to Town- ships only : TOWNSHIP WARDS. 37 1 . In case a majority of the qualified electors of a Town- Duty of the ship on the last Revised Assessment Roll do, by petition in writ- Township ing signed by them, apply to the Council of the Township to Svilig'apJf-' divide the Township into Wards, if not already so divided, or t'°? fr"™ ^ •">*- to abolish or alter, in manner specified in the petition, any ex- rate%averf isting division into Wards, the Council shall, within one touching- its month thereafter, pass a By-law to give effect to the petition, wardT'""* and shall in the By-law recite the petition, and also the pre- sent section of this Act, and shall declare that the By-law is passed in compliance with the prayer of the petition ; And the By-law shall take effect on the first day of December next after one month from the date of its first publication in some newspaper published in the County or Union of Counties in which the Township is situated, or by printed handbills posted in at least twenty public places in the Township. 22 V. c. 38, s. 1. (1859.) 273. In case the petition is for a division into Wards (and j^ ^1^^ petition does not specify the manner of the division,) the Council shall does not de- so arrange the Wards that they may be as compact, and con- ''"^ ^^^ Ward, tain as nearly an equal number of electors, as may be consis- tent with the convenience of the inhabitants ; the number of wards being five in all cases. 22 V. c. 38, s. 2. (1859.) 373. The Council of any Township may from time to time, TopassaBT- without any such Petition, pass By-laws to divide the Town- law. ship into Wards, or, in case of a Township already divided into Wards, to alter or abolish such division ; And in case any such -^^^^ ;, ^^^^ By-law, whether petitioned for or not, is passed with the con- recite. current votes of at least four members, it shall take effect on the first day of December next after one month from its first publication in some newspaper published in the County or Union of Counties in whicli the Township is situate, or by printed hand-bills posted in at least twenty public places in the Township, 374. 592 Cap. 54. Municipal Institutions. Vict. When the By- law shall take effect. Publication of By-law. And notice of its submission to electors. 374. In case the By-law, when not petitioned for as herein- before provided, is passed with the concurrent votes of only three members, it shall take effect on the first day of December next, after it has been approved by a majority of the Electors of the Township who vote thereon, at a special vote to be taken for that purpose under the following regulations : 1. The Reeve of the Township shall, within ten days after the passing of the By-law, cause the same to be published for one month in some newspaper within the County or Union of Counties within which the Township is situate, or by posting printed copies thereof in hand-bill form in at least twenty pub- lic places in the Township, and shall also at the same time and in connection therewith, and in like manner, publish a notice of the time when, and place or places where the By-law will be submitted to a vote of the Electors of the Township ; Vote of electors 2. Such vote shall not be taken in less than one month after thereon. ^}jg fj^g^ publication of the By-law, nor shall it be at a later period than the next annual Municipal Election, and if not taken at the annual Municipal Election, it shall be taken in like manner and at the place or places where the last annual Municipal Election was held, and by the Returning Officer or Officers who conducted such last annual Election ; and in case of the death or incapacity of any such Returning Officer, another shall be appointed for that purpose by the Reeve ; Copies of By- law to Keturn- mg Officers. 3. The Reeve of the Township shall cause a certified copy of the By-law to be delivered to the Returning Officer of the Township, or of each Ward or Electoral Division thereof, (as the case may be ) before the time appointed for taking such vote ; When the By- law is for divi- sion into Wards. Form of Poll books. 4. Where the By-law is for a division into Wards, or for an alteration of an existing division, the Returning Officer shall, at the commencement of the time appointed for taking the vote and during its continuance, cause fair copies of the By-law to be kept for public inspection in four conspicuous places about the place where the poll is held ; 5. The Returning Officer shall insert appropriate columns in the Poll-Books, headed : " For the division into Wards," and " Against the division into Wards ;" or " For the alteration of the division into Wards," and " Against the alteration of the division into Wards ;" or " For the abolishing of Wards," and " Against the abolishing of Wards ;" And shall, in such columns, while the Poll for the Election of Councillors is open, receive and record the Votes of Electors tendered for and against the By-law ; 1859. Municipal Institutions. Cap. 54. 593 6, The Returning Officer or Returning Officers shall, within certified Poll three days after such vote has been taken, return the Poll-Books '^o°''» •« ^« properly certified to the Reeve of the Township, who shall Keeve^ '°'^° within one week thereafter examine the returns of the votes for and against the By-law, and give public notice of the result. ELECTORAL DIVISIONS. 37S. Whenever a Township is not divided into Wards the Sectoral Di- Council may from time to time pass By-laws for dividing the ™ions in Township into two or more convenient electoral divisions, for aJviM mto° establishing polling places therein, and for appointing Return- Wards. ing Officers therefor, and may from time to time repeal or vary the same. POOR. 276. Every Township Council may also make By-laws By-laws for ihe for raising money by a rate to be assessed equally on the whole relief ofthe rateable property of the Township, for the support of the how'iheymay poor resident in the Township. be passed. OBSTRUCTIONS TO STREAMS AND WATERCOURSES. S77. Every Township Council may also make By-laws ^y-iaws for for preventing the obstruction of streams, creeks and water- preventing ob- courses by trees, brushwood, timber or other materials, and |\™a^g" °^^ for clearing away and removing such obstructions at the ex- pense of the offenders or otherwise, and for levying the amount of such expense in the same manner as taxes are levied, and for imposing penalties on parties causing such obstructions. DRAINAGE IN TOWNSHIPS. 278. In case a majority in number of the resident owners of drainage, the property in any part of a Township do petition the Council for the draining ofthe property (describing it), the Council may pj^^^ ^^^ ^^^_ procure an examination to be made by a competent Engineer mates. of the property proposed to be drained, and may procure plans and estimates to be made of the work by the Engineer. 279. If the Council be of opinion that the draining ofthe loca- By-law. lity described would greatly benefit the Township, the Council may pass a By-law : 1. For providing for the draining ofthe locality ; Its provisions. 2. For assessing and collecting from the proprietors of the , , several lands immediately benefited by the draining,, so much expenses. of the cost thereof, and of procuring the examination, plans and estimates to be made, and of all other expenses incident to the work, as may not exceed the benefit which the lands res- pectively derive from such draining, and in proportion, as LL nearly 594 Cap. 54. MvMicipal Institutions. ! ViCT. Time of pay- ins. nearly as may be, to the benefit to each of the proprietors there- from ; 3. For regulating the time or times and manner in which the assessment shall be paid ; Ascertaining 4. For ascertaining and determining, through the Engineer, Se^^"^ '^"^' what real property will be immediately benefited by the drain- ing, and the proportions in which the assessment should be made on the various portions of the lands so benefited, and subject in every case to an appeal to the Court of Revision and the County Court Judge, in the same manner and on the same terms, as nearly as may be, as in the case of an ordinary assessment ; Pul)iication of ^" ^^^ ^^^ By-law shall not be valid, unless, before the final By-law. passing thereof, the same has been published once or oftener in every week, for three months, in some newspaper published in the Township, or if no newspaper be published therein, then in some newspaper published in the nearest Municipality in which a newspaper is published. 6. PROVISIONS APPLICABLE TO COUNTIES, CITIES AND TOWNS. 380. The following sections numbered 281 and 282 apply S"^f il" '0 *^^ following Municipalities : 1. Counties, 2. Cities, 3. Towns. Inspectors of •weights and measures : their powers. INSPECTORS OF WEIGHTS AND MEASURES. 381. The Council of every County, City and Town, may pass By-laws : 1. For appointing Inspectors to regulate weights and mea- sures, according to the lawful standard ; 2. For visiting all places wherein weights and measures, steel-yards, or weighing machines of any description, are used ; 3. For seizing and destroying such as are not according to the standard ; 4. For imposing and collecting penalties upon persons who are found in possession of unstamped or unjust weights, measures, steel-yards, or other weighing machines. PUBLIC MORALS. By-laws for 282. The Council of every County, City and Town may other purposes. ^Iso pass By-laws : 1. 1859. Municipal Institutions. Cap. 64. 595 1. For enforcing the due observance of the Sabbath accord- ing to law ; 2. For preventing the sale or gift of intoxicating drink to a child, apprentice or servant without the consent of a parent, master or legal protector ; 3. For preventing the posting of indecent placards, writings or pictures, or the writing of indecent words, or the making of indecent pictures or drawings, on walls or fences in streets or public places ; 4. For preventing vice, drunkenness, profane swearing, ob- scene, blasphemous or grossly insulting language, and other immorality and indecency in streets, highways or public places ; . , . , > 5. For suppressing tippling houses and houses of ill-fame ; 6. For preventing or regulating horse racing ; 7. For preventing or regulating and licensing exhibitions held or kept for hire or profit, bowling alleys, and other places of amusement ; 8. For suppressing gambling houses, and for seizing and destroying faro-banks, rouge et noir, roulette tables, and other devices for gambling found therein ; 9. For restraining and punishing vagrants, mendicants and persons found drunk or disorderly in any street, highway or public place ; 10. For preventing indecent public exposure of the person and other indecent exhibitions ; 1 1 . For preventing or regulating the bathing or washing the person in any public water near a public highway. 7. PROVISIONS APPLICABLE TO COONTIES, CITIES AND SEPARATED TOWNS. 383. The following sections numbered from 284 to 286 to Extent of see- apply to the following Municipalities : ''oi ^84 to 286. 1. Counties, 2. Cities, and 3. Towns separated from Counties. 384. The Council of every County, City, and Town separated By-laws for re- from the County for Municipal purposes, may respectively pass e"'atmg— By-laws for the following purposes : LL^ ENGINEERS 596 Cap. 54. Municipal Institutions. 22 Vict, ENGINEERS — INSPECTORS. Engineers, and 1- For appointing in addition toother officers, one or more Engineers, and also one or more Inspectors of the House of Industry, also one or more Surgeons of the Gaol and other in- stitutions under the charge of the Municipality, and for the removal of such officers ; AUCTIONEERS. Auctioneers. 2. For licensing, regulating and governing Auctioneers and other persons selling or putting up for sale goods, wares, mer- chandize or effects by public auction ; and for fixing the sum to be paid for every such License, and the time it shall be in force ; HAWKERS AND PEDLARS. Hawlfers and Pedlars. 3. For licensing, regulating and governing hawkers or petty chapmen, and other persons carrying on petty trades, who have not become householders or permanent residents in the County or City, or who go from place to place or to other men's houses, on fool, or with any animal bearing or drawing any goods, wares or merchandize for sale, or in or with any boat, vessel, or other craft or otherwise, carrying goods, wares or merchan- dize for sale, and for fixing the sum to be paid for a license for exercising such calling within the County or City, and the time the license shall be in force ; and for providing the Town- ship Clerks with licenses in this and the previous section mentioned, for sale to parties applying for the same in the Township under such regulations as may be prescribed in such By-Law ; but no duty shall be imposed for hawk- ing or pedling any goods, wares or merchandize, the growth, produce or manufacture of this Province, aot being liquors mentioned, in the 246th section of this Act ; FERRIES. Ferries. Where there is no By-law. 4. For regulating Ferries between any two places in the Municipality ; and establishing the rates of ferriage to be taken thereon ; but no such By-law as to Ferries shall have effect un- til assented to by the Governor in Council. 285. Until the Council of the County or City pass a By-law regulating such Ferries, and in the cases of ferries not between two places in the same Municipality, the Governor by Order in Council may from time to time regulate such ferries respect- ively and establish the rates to be taken thereon, in accord- ance with the Statutes in force relating to Ferries. By-laws may 286. The Council of every County, City, and Town sepa- be made by ci- ratpd, mEty pass By-laws for the following purposes : ties and Coun- ties, for — LANDS 1859. Municipal Institutions. Cap. 54. 597 LANDS FOR GKAMMAR SCHOOLS. 1. For obtaining in such part of the County, or of any City or Purchase of Town separated within the County, as the wants of the people lands for Gram- may most require, the real property requisite for erecting County """^ Schools. Grammar School Houses thereon, and for other Grammar School purposes, and for preserving, improving and repairing such School Houses, and for disposing of such property when no longer required ; AIDING GRAMMAR SCHOOLS. 2. For making provision in aid of such Grammar Schools as Aiding such may be deemed expedient ; school. PUPILS COMPETING FOR UNIVERSITY PRIZES. 3. For making a permanent provision for defraying the ex- Grammar pense of the attendance at the University of Toronto, and at the School pupils Upper Canada College and Royal Grammar School there, of such u,^versity^" of the Pupils of the Public Grammar Schools of the County as prizes. are unable to incur the expense but are desirous of, and, in the opinion of the respective Masters ol such Grammar Schools, pos- sess competent attainments for, competing for any Scholarship, Exhibition or other similar Prize, oifered by such University or College ; 4. For making similar provision for the attendance at any ^((gj^jj^j^^g^j County Grammar School, for like purposes, of Pupils of the Grammar Common Schools of the County ; ^''^°°^- ENDOWING FELLOWSHIPS. 5. For endowing such Fellowships, Scholarships or Exhibi- Endowing tions, and other similar Prizes, in the University of Toronto, Fellowships. and in the Upper Canada College and Royal Grammar School there, for competition among the Pupils of the Public Grammar Schools of the County, as the Council deems expedient for the encouragement of learning amongst the youth thereof. 8. PROVISIONS APPLICABLE TO COUNTIES ONLY. 287. The following sections numbered from 288 to 292 Extent of sec- apply to Counties only : tions 28S to SEPARATE IMPROVEMENTS BY UNITED COUNTIES. S88. The Councils of United Counties may make ap- one of [Jnited propriations and raise funds, to enable either County separately Counties may to carry on such improvements as may be required by the JJJenw'wft™™" inhabitants thereof. union funds. 289. Whenever any such measure is brought under the Reeves oi the notice ol the Council of any United Counties, none but the Cou»iy '"'er- Reeves 598 Gap. 54. Municipal Institutions. 22 Vict estedoniyto Reeves and Deputy Reeves of the County to be affected by the vote for. measure shall vote j except in case of an equality of votes for or against the measure, when the Warden, \vhether a Reeve or Deputy Reeve of any portion of the County to be affected by the measure or not, shall have the casting vote. Provisions of 29®. In all other respects, all the provisions of this Act, this Act for re- giyjjig such privileges and making provision for the payment applyf" ° of the amounts appropriated, whether to be borrowed upon a loan or to be raised by direct taxation, shall be adhered to. Treasurer to 29 1 . The Treasurer of the United Counties shall pay over pay over mo- ^11 sums SO raised and paid into his hands by the several Col- dXction."" lectors, without any deduction for percentage. In such cases 293. Theproperty to be assessedfor the purposes contemplated the property of in the four last preceding sections of this Act, shall be the same as terestedisaicme theproperty assessed for any other County purpose, except that to be assessed, any sum to be raised foi* the purposes of one County only, or for the payment of any debt contracted for the purposes of one County only, shall be assessed and levied solely upon property assessed in that County, and not upon property in any other County united with it. 9. PROVISIONS APPLICABLE TO CITIES, TOWNS AND INCORPORATED VILLAGES. Extent of sec- tion 294. 293. The following section applies to the following Mu- nicipalities : By-laws may be made — 1. Cities, 2. Towns, and 3. Incorporated Villages. 294. The Council of every City, Town and Incorporated Village may respectively pass By-laws for the following pur- poses : HARBOURS, DOCKS, &C. For the cieanh- •• For regulating or preventing the encumbering, injuring or ness ofstreets, fouling, by animals, vehicles, vessels or other means, of any public wharf, dock, slip, drain, sewer, shore, bay, harbour, river or water ; &c, For removal of 2. For directing the removal of door steps, porches, railings or door steps, &c. Q^jjgj erections, or obstructions projecting into or over any wharf, dock, slip, drain, sewer, bay, harbour, river ot'watdr or the banks or shores thereof, at the expense of the proprietor or occupant of the property connected with which such project- ions are foUnd ; 1869. Municipal Institutions. Cap. 54. 599 3;. For making, opening, preserving, altering, improving and wharvess, maintaining public wharves, docks, slips, shores, bays, har- '^°''^^> ^''■ hours, rivers or waters and the banlfs thereof ; 4. For regulating Harbours, for preventing the filling up or For regulating encumbering thereof ; for erecting and maintaining the neces- hartours, &c. saiy beacons, and for erecting and renting wharves, piers and docks therein and also floating elevators derricks, cranes and other machinery suitable for loading, discharging or repairing Vessels ; for regulating the vessels, crafts, and rafts, arriving in any Harbour ; and for imposing and collecting such reasonable Harbour dues thereon as may serve to keep the Harbour in good order, and to pay a Harbour Master ; WATER. 5. For establishing, protecting and regulating public wells, por supplying reservoirs and other conveniences for the supply of water ; and water, &c. for making reasonable charges for the use thereof ; and for pre- venting the wasting and fouling of public water ; MARKETS. 6. For establishing markets ; Markets. 7. For regulating all markets established and to be estab- p^ jeoTiiatin^ lished ; the places however already established as markets markets. in such Municipality, shall continue to be markets, and shall ^j^ markets retain all the privileges thereof until otherwise directed by com- continued. petent authority ; and all market reservations or appropriations heretofore made in any such Municipality, shall continue to be vested in the Corporation thereof ; 8. For preventing or regulating the sale by retail in the RegiUating^ public streets, of any meat, vegetables, fruit or beverages ; s^efts.^ ™ 9. For preventing or regulating the buying and selling of vending in articles or animals expusijd lor sale or marketed in the open air ; open air. 10. For regulating the place and manner of selling and weigh- Sale oi ing butcher's meat, fish, hay, straw, fodder, wood, andJumber; Butcher's meat. 1 1 . For preventing the forestalling, regrating or monopoly of Preventing market grains, meats, fish, fruits, roots and vegetables ; forestaiimg. 12. For preventing and regulating the purphase of such things Regulating by hucksters or runners living within the Municipality, or Hucksters. within one mile from the outer limits thereof ; ^«d ^v p*''- t2 V. c. 40, s- 1, (1859.) 300. No such local improvement as aforesaid shall be under- Under what taken by the Council of any City, except under a By-law passed ?°"^j,tementf in 608 Cap. 54. Municipal Institutions.. 22 Vict. may be under- taken. As to sewers. What condi- tions shall be requisite to the validity of the By-laws. in pursuance of the fourth sub-section of the preceding section, otherwise than on the petition of two-thirds in number and one half in value of real property to be directly benefited thereby, of the owners of such real property, — the number of such owners, and the value of such real property having been first ascertain- ed and finally determined in the manner and by the means provided by By-law in that behalf ; and if the contemplated improvement be the construction of a common sewer having a sectional area of more than four feet, one-third of the cost there- of shall also first be provided for by the Council of the City, by By-law for borrowing money, which every such Council is hereby authorized to pass for such purpose, or otherwise. 22 V. c. 40, s. 2, (1859.) 301 . It shall not be essential to the validity of any By-law passed in virtue of the two hundred and ninety-ninth section of this Act, that it be in accordance with the restrictions and provisions conlained in the ■ two hundred and twenty-third section of this Act ; but no such By-law shall be valid which is not in accordance with the following restrictions and provi- sions : 1. The By-law shall name a day in the financial year in which the same is passed when it shall take effiect ; 2. The whole of the debt and the obligations to be issued therefor shall be made payable in twenty years at furthesl from the day on which such By-law takes effect ; 3. The By-law shall settle an equal special rate per annum, in addition to all other rates, to be levied in each year on the real property described therein and rateable thereunder for paying the debt and interest ; 4. Such special rate shall be sufficient, according to the value of such real property, as ascertained and finally determined in virtue of this Act, to discharge the debt and interest when respectively payable, irrespective of any future increase in the value of such real property, and also irrespective of any income from the temporary investment of the sinking fund, or of any part theiof ; 5. The By-law shall recite : (1.) The amount of the debt which such By-law is intended to create, and, in some brief and general terms, the object for which it is to be created ; (2.) The total amount required by this Act to be raised annually by special rate for paying the debt and interest under the By-law ; 3. 1859. Municipal Institutions. Cap. 54. g09 (3.) The value of the whole of the real property rateable under the By-law as ascertained and finally determined as aforesaid ; (4.) The annual special rate in the dollar or per foot frontage, or otherwise, as the case may be, for paying the interest and creating an equal yearly sinking fund for paying the principal of the debt, according to the foregoing provisions of this Act ; (5.) That the debt is created on the security of the special rate settled by the By-law, and on that security only. 22 V- 0.40, s. 3, (1869.) , SOS. Every Debenture issued under the sections of this Deiwntures Act numbered two hundred and ninety-nine to three hundred and under section four shall bear on its face the words " Local Improvement Deben- efaih°distin^^" tare," and shall contain a reference, by date and number, to the guished. By-law under which it is issued, and also a statement of its being issued in virtue of this Act. 22 V. c. 40, s. 4, (1859.) SOS. The two hundred and twenty-fourth section of this Act section 224'not shall not apply to any By-law passed in virtue of the four last to apply. preceding sections of this Act. 22 V. c. 40, s. 5, (1859.) 304. Nothing contained in the sections of this Act, num- Actnotto^ap- bered two hundred and ninety-nine to three hundred and three P'y '° certain shall be construed to apply to any work of ordinary repair or main- tenance; and every common sewer made, enlarged, or prolonged, and street, lane, alley, public way and place, and sidewalk therein, once made, opened, widened, prolonged, altered, ma- cadamized, paved or planked under the said sections of this Act, shall thereafter be kept in a good and safhcient state of repair at the expense of the City generally. 22 V. c. 40, s. 6, ( 1859.) 12. PROVISIONS APPLICABLE TO POLICE VILLAGES ONLY. 30^. The following sections num.bered from three hundred Extent of sec- and six to three hundred and twelve apply to Police Villages only : t'ons 306 to INSPECTING TRUSTEE. 306. The Trustees of every Police Village, or any twoof ^pp„;„,j„g^j^ such Trustees shall, by a writing undertheir hands to be filed with Inspecting the Clerk of the Township, or one of the Townships in which the Trustees. Village is situate, appoint one of their number to be Inspecting Trustee. 307. In case of any vacancy in the oflSce of a Police Trustee vacancies. by death or otherwise, the remaining Trustee or Trustees shall by writing to be filed with such Clerk as aforesaid, ap- point a Trustee or Trustees to supply the vacancy. MM NEGLECT f 1 Cap. 54. Municipal Institutions. 22 ViCr. NEGLECT OF DUTY BY TRUSTEES. Penalty for S08. Any Police Trustee who wilfully neglects or omits breach of duly, to prosecute an offender at the request of any resident house- holder of the village offering to adduce proof of an offence against the regulations of Police herein established, or who wilfully neglects or omits to fulfil any other duty imposed on him by this Act, shall incur a penalty of five dollars. Limitation of 309. The penalties prescribed by the preceding section, prosecutions pr by that for the establishment of regulations of Police, shall be sued for within ten days after the offence has been committed or has ceased, and not subsequently. TRUSTEES TO SUE FOR PENALTIES. Who to sue for 310. The inspecting Trustee or, in his absence, or when penalties. }jg ig t^e party complained of, one of the other Trustees, shall sue for all penalties incurred under the Regulations of And before Police herein established, before a Justice of the Peace having ■whom. jurisdiction in the village and residing therein, or within five miles thereof ; or if there be none such, then before any Justice Conviction and of the Peace having jurisdiction in the village ; and the Jus- levy of penalty. ^^^^ shall hear and determine such complaint in a summary manner, and may convict the offender, upon the oath or affir- mation of a credible witness, and shall cause the penalty to be levied by distress and sale of the goods of the offender, and to be paid over to the path-master or path-masters of the division or divisions to which the village belongs, or to such of the said path-masters as the Trustees may direct ; and such path-master or path-masters shall apply the penalty to the re- pair and improvement of the streets and lanes of the village, under the direction of the Trustees. PUBLIC HEALTH. Trustees to be 311. The Trustees of every Policc Village shall be Health Health Officers. Officers within the Police Village, under the Consolidated Statutes of Upper Canada, respecting the Public Health, and under any other Act that may be passed for the like purpose. POLICE REGUL.ITIONS. Regulations. ^ ^^- "^^^ Trustees of every Police village shall execute and enforce therein the regulations following : FIRE. Fires, Ladders, 1- Every proprietor of a house more than one story high, shall &c. ' place and keep a ladder on the roof of such house near to or against the principal chimney thereof, and another ladder reach- ing from the ground to the roof of such house, under a penalty of one 1859. Municipal Institutions. Cap, 64. gJI one dollar for every omission; and a further penalty of two 'dollars for every week such omission continues ; 2. Every householder shall provide himself with two buckets Fire buckets, fit for carrying water in case of accident by fire, under a pe- nalty of one dollar for each bucket deficient ; 3. No person shall build any oven or furnace unless it ad- Furnaces,&c. joins and is properly connected with a chimney of stone or brick at least three feet higher than the house or building in %hich the oven or furnace is built, under a penalty not exceed- ing two dollars for non-compliance ; 4. No person shall pass a stove-pipe through a wooden Stove pipes, or lathed partition or floor, unless there is a space of four inches '^''• between the pipe and the wood work nearest thereto ; and the pipe of every stove shall be inserted into a chimney ; and there shall be at least fen inches in the clear between any stove and any lathed partition or wood work, vmder a penalty of two dollars ; 6. No person shall enter a mill, barn, outhouse or stable, with Lights in sta- a lighted candle or lamp unless well enclosed in a lantern, nor i'i^3*<=- with a lighted pipe or cigar, or with fire not properly secured, tinder a penalty of one dollar ; 6. No person shall light or have a fire in a wooden house or Chimnies. outhouse unless such fire is in a brick or stone chimney, or in a stove of iron or other metal, properly secured, under a penalty of one dollar ; 7. No person shall carry fire or cause fire to be carried into securing fire or through any Street, Lane, Yard, Garden or other Place, with- carried toough out having such fire confined in some copper, iron or tin vessel, ^ ' under a penalty of one dollar for the first offence, and of two dollars for every subsequent offence ; 8. No person shall light a fire in a street, lane or public FiTea in streets, ■pkce, under a penalty of one dollar ; I 9. No person shall place Hay, Straw or Fodder, or cause the Hay, straw, same to be placed, in a dwelling house, under a penalty of one ^°- dollar for the first offence, and of five dollars for every week the Hay, Straw or Fodder is suffered to remain there ; 10. No person, except a manufacturer of pot or pearl ashes, Ashes, &c. .shall keep or deposit ashes or cinders, in any wooden vessel, box or thing not lined or doubled with sheet-iron, tin or copper, so as to prevent danger of fire from such ashes or cinders, under a penalty of one dollar ; il. No person shall place or deposit any quick or unslaked Lime. *]iine in contact with aiiy wood of a house, outhouse or other mm2 building 612 Cap. 54. Municipal Institutions. Vict. Charcoal fur- naces. building, under a penalty of one dollar, and a further penalty of two dollars a day until the lirne has been removed, or secured to the satisfaction of the inspecting trustee, so as to prevent any danger of fire ; 12. No person shall erect a furnace for making charcoal of wood, under a penalty of five dollars ; GUNPOWDER, Gunpowder. 13. No person shall keep or have Gunpowder for sale except in boxes of copper, tin or lead, under a penalty of five dollars for the first offence, and ten dollars for every subsequent offence ; Gunpowder. ''^- ^° person shall sell Gunpowder, or permit Gunpowder to be sold, in his house, storehouse or shop, outhouse or other building, at night, under a penalty of ten dollars for the first offence, and of twenty dollars for every subsequent offence ; NUISANCES. Certain nui- sances prolii- bited. 15. No person shall throw or cause to be thrown any filth, or rubbish into a street, lane or public place, under a penalty of one dollar, and a further penalty of two dollars for every week he neglects to remove the same after being notified to do so by the Inspecting Trustee, or some other person authorized by him. ROADS, BRIDGES, DRAINS, WATERCOURSES, WHAT CONSTITUTE HIGHWAYS. What shall SIS. All allowances for roads made by the Crown Surveyors constitute high- in any Town, Township or place already laid out, or hereafter ^^^'^' laid out; and also all roads laid out by virtue of any Act of the Parliament of Upper Canada, or any roads whereon the public money has been expended for opening the same, or whereon the Statute Labour hath been usually performed, or any roads passing through the Indian Lands, shall be deemed common and public highways, unless where such roads have been already altered, or may hereafter be altered according to Law. HIGHWAYS VESTED IN THE CROWN. Highway, &o., vested in the Crown. Jurisdiction of Municipal Couacil. 314. Unless otherwise provided for, the soil and freehold of every highway or road altered, amended or laid out, according to Law, shall be vested in Her Majesty, Her Heirs and Suc- cessors. JURISDICTION OF MUNICIPALITIES. 315. Subject to the exceptions and provisions hereinaflef contained, every Municipal Council shall have jurisdiction over the 1859. Municipal Institutions. Cap. 54. g|3 the original allowances for Roads, Highways and Bridges within the Municipality. JURISDICTION HESTKICTED. PROVINCIAL ROADS UNDER BOARD OF WORKS. 31®. No Council shall interfere with any Public Road or Bridge Roads under vesteti as a Provincial Work in Her Majesty or in any Public Board of Department or Board, and the Governor shall by order in Council Zf^ilrtevJA have the same powers as to such Road and Bridge as are by with. this Act conferred on Municipal Councils with respect to other Roads and Bridges ; but the Governor may by Procla- mation declare any Public Road or Bridge under the control of the Commissioners of Public Works, to be no longer under their control, and in that case after a day named in the Proclamation the Road or Bridge shall cease to be under the control of the Commissioners, and no tolls shall thereafter be levied thereon by them, and the Road or Bridge shall thenceforth be con- trolled and kept in repair by the Council of the Municipality. ROADS ON ORDNANCE LANDS. 317. No Council shall pass any Bj'-law (1) for stopping jj^j. ^ijj, o^^, up or altering the direction or alignment of any street, lane nance roads, or thoroughfare made or laid out by Her Majesty's Ordnance, or '^"^dsj&c. the Principal Secretary of State in whom the Ordnance Estates are vested under the Statute of this Province, passed in the nine- teenth year of Her Majesty's Reign chapter forty-five, or the Consolidated Statutes of Canada, chapter twenty -four, respecting the Ordnance and Amiralty lands transferred to the Province, [%) or for opening any such communication through land held by the Secretary of State for Her Majesty's Ordnance, or (3) interfer- ing with any bridge, wharf, dock, quay or other work constructed by Her Majesty's Ordnance, or the Secretary of State, or (4) interfering with any land reserved for Military purposes or iv^ith the integrity of the public defences, without a written Jonsent signed by the Principal Officer of Her Majesty's Ord- ,Yo"nS'byTe lance acting in Canada under the authority of such Secretary Chief Engineer )f Slate, certified under the hand of the Commander of the '^'^^' ^''■ ^'orces in Canada to be such Principal Officer and to be act- ng under such authority, and a By-law for any of the purposes iforesaid shall be void unless it recites such consent, authority md certificate. WHAT ROADS NOT TO BE CLOSED. 318. No Council shall close up any public road or highway) council not t» .whether an original allowance, or a road opened by the close roads re- Juarter Sessions, or any Municipal Council or otherwise legally yijuais. ^ '" stablished, whereby any person will be excluded from ingress nd egress to and from his lands or place of residence over such )ad, but all such roads shall remain open for the use of the srson who requires the same. NOT 614 Cap. 54. Municipal. Institutions. 22 Vm. NOT TO ENCROACH UPON HOUSES, &C. Nor to en- 319. No Council shall authorize an encroachment oH any croaehupon dwelling house, barn, stable, out-house, orchard, garden, ouses, c. y^^^ ^^. pleasure ground, without the written consent of the owner. WIDTH OF KOADS. Widih of roads. 3S0. No Council shall lay out any road or lane more than ninety nor less than thirty feet in width ; but any road, when altered, may be of the same width as formerly. NOTICE TO BE GIVEN OF BY-LAWS INTENDED TO AFFECT PUBLIC ROADS. What notice to 32 1 . No Council shall pass a By-law for stopping up, alter- ^ given of jjjg^ widening, diverting or selling any original allowance for tendedTto affect road, or for establishing, opening, stopping up, altering, widen- pubUc roads, ing^ diverting or selling any other public highway, road, street or lane : Publication. The same. Parties to be heard. 1. Until written or printed notices of the intended By-law have been posted up one month previously in six of the most public places in the immediate neighbourhood of such original allowance for road, or other highway, road, street, or lane ; 2. And published weekly for at least four successive weeks in some newspaper (if any there be) published in the Munici- pality ; or if there be no such newspaper, then in a newspaper published in some neighbouring Municipality ; 3. Nor until the Council has heard, in person or by Counsel or Attorney, anyone whose land might be prejudicially affected thereby, and who petitions to be so heard ; Cleric to give 4. And the Clerk shall give such notices, at the request of the ihe notice. applicant for the By-law, upon payment of the reasonable ex- penses attendant on such notices. Power to ad- minister oath in disputes respecting iioimdaries. IN DISPUTES RESPECTING ROADS— WHO MAY SWEAR WITNESSES, &C. 332. In case of disputes in any Municipality concerning roads, allowances for roads, side lines, boundaries or con- cessions, within the cognizance of and in the course of investi- gation before a Municipal Council, the Head of the Council may administer an oath or affirmation to any party or witness exa- mined upon the matters in dispute. COMPENSATION FOR LANDS TAKEN. Owners of 323. Every Council shall make to the owners of real property lands taken, to entered upon, taken or used by the Corporation in the exercise of 1859. Municipal Institutims. Cap. 54. 6 1 5 j of its powers in respect to roads, streets and other public com- be compensat- munications, or to drains and common sewers, due compensa- <"*■ tion for any damages necessarily resulting from the exercise of such powers, beyond any advantage which the claimant may derive from the contemplated work ; and any claim for such compensation, if not mutually agreed upon, shall be determined by arbitration under this Act. TITLES TO LAND OF INFANTS, &C., HOW ACQUIRED. 334. In the case of real property which a Council has Title to lands authority under this Act, to enter upon, take or use without taken. the owner's consent, Corporations, Tenants in tail or for life, Guardians, Committees and Trustees, shall, on behalf of them- selves, their Successors and Heirs respectively, and on behalf of those they represent whether infants, issue unborn, lunatic, idiots, married women or others, have power to act, as well in reference toanyarbitration, noticeandactionunderthis Act, as in contracting for and conveying to the Council any such re&l pro- perty, or in agreeing as to the amount of damages arising from the exercise by the Council of any power in respect thereof ; In It'therebe no case there is no such person who can so act in respect to such "^^^^^ '^*" real property, or in case any person interested in respect to any such real property, is absent from this Province, or is unknown, or in case his residence is unknown, or he himself cannot be found, the Judge of the County Court for the County in which such property is situate, may, on the application of the Council, appoint a person to act in respect to the same for all or any of the said purposes. 395. Incase any party acting as aforesaid has not the -where a party absolute estate in the property, the Council shall pay to him Jj^^^^niy/'''^ the interest only at six per centum per annum on the amount to be paid in respect of such property, and shall retain the prin- cipal to be paid to the party entitled to it whenever he claims the same, and executes a valid acquittance therefor, unless the ^"^10^^"^^ Court of Chancery, or other Court having equitable jurisdiction pUed. in such cases, do in the mean time direct the Council to pay the same to any person or into Court ; and the Council shall not be bound to see to the application of any interest so paid or of any sum paid under the direction of such Court. 336. AJl sums agreed upon or awarded in respect of such charges on the real property, shall be subject to the limitations and charges to purchase mo- which the property was subject. "''^' JOINT JUKISDICTIONOVKR ROADS. COUNTIES, CITIES AND TOWNS. 3S7. In case a road or bridge lies wholly or partly between joint jurisdis- a County, Town or City and an adjoining County, Town or ti^""^^^'^' City, 616 Gap. 54. Municipal Institutions. 22 Vict. City, the Councils of the Municipalities between which the road or bridge lies, shall have joint jurisdiction over the same, although the road or bridge may so deviate as in some places to be wholly or in part within one County, Town or City. See s. 325. Both Councils must concur in By-laws re- specting them. 3S8. No By-law of the Council of any one of such Muni- cipalities, with respect to any such last mentioned road or bridge, shall have any force until a By-law has been passed in similar terms as nearly as may be by the other of the Councils, having joint jurisdiction in the premises. Arbitration if they do not concur. 339, Incase the other Council, for six months after notice of the By-law, omits to pass a By-law in similar terms, the duties and liabilities of each Municipality in respect to the road or bridge shall be referred to arbitration under the pro- visions of this Act. POWERS OF TOWNSHIP, TOWN AND INCORPORATED VILLAGE COUNCILS RESPECTING ROADS, BRIDGES AND WORKS. By-laws re- specting Sta- tute Labour. 330. The Council of every Township, Town and Incorpo- rated Village may pass By-laws : STATUTE LABOUR. Voluntary commutation. 1 . For empowering any person, (resident or non-resident) liable to statute labour within the Municipality, to compound for such labour, for any term not exceeding five years, at any sum, not exceeding one dollar, for each day's labour ; Compulsory commutation. 2. For providing that a sum of money, not exceeding one dollar for each day's labour, may or shall be paid in commuta- tion of such statute labour ; Fixing numi^er 3. For increasing or reducing the number of day's labour, to of days' labour, ^i^jcj] ([-^q persons rated on the Assessment-Roll or otherwise shall be liable, in proportion to the statute labour to which such persons are, in respect of the amounts at v/hich they are assessed or otherwise, respectively liable ; Enibrcina; Sta- tute Labour. 4. For enforcing the performance of statute labour, or pay ment of a commutation in money otherwise provided by law ; in lieu thereof, when not Regulating the 5. For regulating the manner and the divisions in which application of statute labour or commutation money shall be performed or ex- Labour and 11. J r commutation penclecl ; money. POWERS 1859. Municipal Institutions. Cap. 54. 6J'7 POWEHS OF ALIi COUNCILS HESPECTING HOADS, BRIDGES AND WORKS. GENERAL POWERS. 331. The Council of every Township, County, City, Town and Incorporated Village may pass By-laws : 1 For opening, making, preserving, improving, repair- ^j;^„ ^.^^^^ ing, widening, altering, diverting, stoppingup and pulling down, fco. " ' drains, sewers, water courses, roads, streets, squares, alleys, lanes, bridges or other public communications, within the juris- diction of the Council, and for entering upon, breaking up, taking or using any land in any way necessary or convenient for the said purposes, subject to the restrictions in this Act con- tained ; TOLLS. 2. For raising money by toll on any bridge, road or other To raise mo- work, to defray the expense of making or repairing the same ; "^y '^y '°"- FAST DRIVING ON BRIDGES. 3. For regulating the Driving and Riding on public Bridges ; To regulate bridges. PITS AND PRECIPICES. 4. For making regulations as to pits, precipices and deep to make re- waters and other places dangerous to travellers ; guiations as to ^ pi'Sj 'Sec. ROAD ALLOWANCES. 5. For preserving or selling timber-trees, stone, sand, or por preserva- gravel, on any allowance or appropriation for a public road ; tio" of trees, 6. For selling the original 'road allowance to the parties next -wiienihe adjoining whose lands the same is situated, when a public road Council may has been opened in lieii of the original road allowance and for a roa'iUUow-' the site or line of which compensation has been paid, and for ance. selling in like manner to the owners of any adjoining land, any road legally stopped up or altered by the Council ; and in case such parties respectively refuse to become the purchasers at such price as the Council thinks reasonable, then for the sale thereof to any other person for the same or a greater price ; PERMITTING ROAD AND BRIDGE COMPANIES TO PASS, &C. 7. For regulating the manner of granting to Road or Bridge Granting pri- Companies permission to commence or proceed with Roads ^j^fy e°co^- or Bridges, within its jurisdiction, and for regulating the manner panics. of ascertaining and declaring the completion of the work so as to entitle such companies to levy tolls thereon, and for regulating the 618 Cap. 54. Municipal Institutions. 22 Vict. the manner of making the examinations necessary for the proper exercise of these powers by the Council ; Taking stock m, or making loans to suck Companies. TAKING STOCK IN. 8. For taking stock in, or lending money to, any such incor- porated Road or Bridge Company, under and subject to the respective Statutes in that behalf; Granting right to take tolls, when. To exact tolls, ■when. TOLLS ON, MAY BE GKANTED. 9. For granting to any person, in consideration or in part coa- sideration of planking, gravelling or macadamizing a road, or of building a bridge, the tolls fixed by By-law to be levied on the work for a period of not more than twenty-one years after the work has been completed and after such completion has been declared by a By-law of the Council authorizing tolls to be collected ; And the grante.e of such tolls shall, during the period of his right (hereto, maintain the road repair. OLD BOAD ALLOWANCES. "When a road is substituted for an original allowance. Conveying of former road al- lowance. or bridge 3SS. In case any one in possession of a Concession road or side line has laid out and opened a road or street in place thereof without receiving compensation therefor, or in case a new or travelled public road has been laid out and opened in lieu of an original allowance for road, and forwhich no compensation has been paid to the owner of the land appropriated as a public road in place of such original allowance, the pwnpr, if his lands adjoin the concession road, side line, or original allowance, shall be entitled thereto, in lieu of the road so laid out, and the Council of the Municipality upon the report in writing, of its Surveyor, or of a Deputy Provincial Land Surveyor, that such new or travelled road is sufficient for the purposes of a public highway, may convey the said original allowance for road, in fee simple to the person or persons upon whose land the new road runs, and when any such original road allowance is, in the opinion of the Council, useless to the public, and lies between lands owned by different parties, the Municipal Council may, subject to the conditions afore- said, sell and convey a part thereof to each of such parties as may seem just and reasonable ; And incase compensation was not paid for the new road, and the person through whose lands the same passes does not own the land adjoining the, original road allowance, the amount received from the purchaser of the corresponding part of the road allowance when sold, shall be paid to the person who at the time of the sale owns the land through which the new road passes. POSSESSION OF ROAD ALLOWANCES. Original allow- 333. In case a person be in possession of any part of a ances for roads Government allowance for road laid out adjoining his lot and; enclosed 1859. Municipal Institutions. Cap. 54. 6J9' enclosed by a lawful fence, and, which has not been opened for when to be public use by reason of another road being used in lieu thereof deemed legaiij- or in case a person be in possession of any Government allow- isvTwfsp^st ance for road parallel or near to which a road has been eJ for opening established by law in lieu thereof, such person shall be deemed "''""' legally possessed thereof as against any private person, until a By-law has been passed for opening such allowance for road by the Council having jurisdiction over the same. NOTICE OF BY-LAWS FOR OPENING SUCH ALLOWANCES. 3S4. But no such By-law shall be passed until notice in writing By-iaw for has been given to the person in possession, at least eight days opening, &o., before the meeting of the Council, that an application will be require^'noTice. made for opening such allowance. AIDING COUNTIES IN MAKING ROADS AND BRIDGES. 335. The Municipal Council of every Township, City, Town and Incorporated Village may pass By-laws : 1. For granting to the County or United Counties in which Aiding Coun- such Municipality lies, aid, by loan orotherwise, towards opening lies in making- or making any new road or bridge on the bounds of such Mu- ™s^* andbnd- nicipality ; 2. For entering inio and performing any arrangement with joint works any other Council in the same County or United Counties for '^T^'^ °"'?'' '^"* executing, at their joint expense and for their joint benefit, any "'"'P'^'"^*' work within the jurisdiction of the Council. HIGHWAYS IN CITIES, TOWNSHIPS, TOWNS AND INCORPORATED VILLAGES. 336. Every public road, street, bridge or other highway, in streets in Ci- a City, Township, Town or Incorporated A'^illage, shall be vest- ties, Towns edin the Municipality, subject to any rights in the soil which f "d'' vXges™' the individuals who laid out such road, street, bridge or highway, how far vested reserved, and except any concession or other road within the jJi^MumcipaU- City, Township or Town or Incorporated Village, taken and held possession of by an individual in lieu of a street, road or highway, laid out by him without compensation ihereiui. 337. Every such road, street, bridge and highway shall be .,, , , , . • 1 1 • 11 1 !• 1 r 1 .-. J o be kept m kept in repair by the corporation, and the default ol the CoV};o- repair by the ration so to keep in repair, shall be a misdemeanor punishable Corporation, - . , 1- ■ r 1 /-I 1 1 /-I . , ,, on pani of da- by line in the discretion olthe Court, and the Corporation shall mages. be further civilly responsible for all damages sustained byany per- son by reason of such default, but the action must be brought within three months after the damages have been sustained ; And this section shall not apply to any road, street, bridge or highway laid out without, the consent of the Corporation by By-law, until established and, assumed by By-law. LOCAL 620 Cap. 54. Municipal Institutions. 22 Vict. LOCAL IMPROVEMENTS OF STREETS. Local rates for pavements. 338. Subject to the exception as to Cities contained at the end of the first sub-section, the Council of every City, Town and Incorporated Village may also pass By-laws for the follow- ing purposes : 1. For assessing and collecting from the proprietors of real property, immediately benefited by making or repairing any Pavement in any public way or place near to such property, such sums as may be necessary for so making or repairing the same ; but this sub-section shall not apply to Cities ; 22 V. c. 40, s. 7. (1859.) 2. For raising, upon the petition of at least two thirds of the freeholders and householders resident in any street, square, alley or lane, representing in value one half of the rateable property therein, such sums as may be necessary for Sweep- ing, Watering or Lighting the street, square, alley or lane, by means of a special rate on the rateable property therein ; but the Council may charge the general corporate funds with the expenditure incurred in such Making or Repairing, or in such Sweeping, Watering or Lighting as aforesaid ; Preventing ob- 3. For regulating or preventing the encumbering, injuring or structions in fouling, by animals, vehicles, vessels or other means, of any streets. road. Street, square, alley, lane, bridge or other communica- tion ; Watering and svireeping Streets. Removal of door steps. 4. For directing the removal of door steps, porches, railing or other erections, or obstructions projecting into or over any road, or other public communication, at the expense of the proprietor or occupant of the property connected with which such pro- jections are found ; For marking 5. For surveying, settling and marking the boundary lines of *!f^»n^"°i''m'i'n^ ^^^ Streets, Roads and other public communications, and for giving names thereto and affixing such names at the corners of and naming streets. thereof on either public or private property. EXCLUSIVE JURISDICTION OVER HO ADS. COUNTIES. WHAT ROADS. Exclusive ju- risdiction over -certain roads by Counties. 339. The County Council shall have exclusive jurisdic- tion over all Roads and Bridges lying within any Township of the County and which the Council by By-law assumes as a County Road or Bridge, until the By-law has been repealed by the Council, and over all Bridges across streams separating two Townships 1859. Municipal Institutions. Cap. 54. 62 1 Townships in the County ; and over every Road or Bridge di- viding different Townships, although such Road or Bridge may so deviate as in some places to lie, wholly or in part, within one Township. EOADS ASSUMED TO BE MACADAMIZED. 340. When a County Council assumes by By-law any Roads assumed Road or Bridge within a Township as a County Road or tobe mM^ada- Bridge, the Council shall, with as little delay as reasonably may be, and at the expense of the County, cause the Road to be planked, gravelled or macadamized, or the Bridge to be built in a good and substantial manner. CERTAIN POWERS OF JUSTICES IN SESSIONS TRANSFERKED. 341. All powers, duties and liabilities which at any time certain powers before the first day of January, one thousand eight hun- of Justices in died and fifty, belonged to the Magistrates in Quarter transferred. Sessions, with respect to any particular Road or Bridge in a County, and not conferred or imposed upon any other Municipal Corporation, shall belong to the Council of the County, or, in case the Road or Bridge lies in two or more Counties, to the Councils of such Counties, and the neglect or disobedience of any regulations or directions made by such Council or Councils, shall subject the offenders to the same penalties and other consequences as the neglect or disobedience of the like regulations or directions of the Magistrates would have subjected them to. GENERAL POWERS OF COUNTIES RESPECTING HIGHWAYS. 343. The Council of every County shall have power to pass By-laws for the following purposes : 1. For stopping up, or stopping up and sale, of any original s ale of original allowance for road or parts thereof within the County, which is 'f'^°J^^\;^'^'' subject to the sole jurisdiction and control of the Council, and certain cases. not being within the limits of any Village, Town or City within or adjoining the County ; but the By-law forthis purpose shall be subject to the three hundred and twenty-first section of this Act ; 2. For preventing immoderate riding or driving of horses or Preventing fu- other cattle on the highways, whether Township or County rio us driving. highways ; 3. For opening, making, preserving, improving, repairing, j^^ads wuiiin widening, altering, diverting, stopping up and pulling down, ''''^^^"^^^:^^' drains, sewers, water courses, roads, streets, squares, alleys, paSies.™"^'" lanes bridges or other public communications, running or being within one or more Townships, or between two or more Townships of the County, or between the CoUnty, and any adjoining County or City, or on the bounds of any Town or Incorporated g22 ^^P- ^4- Municipal Institutions. 22 Vict. Incorporated Village within the boundaries of the County, as the interests of the inhabitants of the County in the opinion of the Council require to be so opened, made, preserved and improved, and for entering upon, breaking up, taking or usirig any land in any way necessary or convenient for the said pur- poses, subject to the restrictions hereinbefore contained ; TREES OBSTRUCTING HIGHWAYS. May direct the 4. For directing that, on each' or either side of a highway trees to be passing through a wood, the trees, (unless they form part of an siderf hM>'^ orchard or a shrubbery, or have been planted expressly for ways. ornament or shelter,) shall, for a space not exceeding twenty- five feet on each side of the highway, be cut down and re- moved by the Proprietor within a time appointed by the By- law, or, on his default, by the County Surveyor or other Officer May grant aid in whose division the land lies ; and, in the latter case, for to Counties in authorizing the trees to be used by the Overseer or other malung roads, —^ „ ° i • i i • <■ , &c. Oincer lor any pui-pose connected with the improvement oi the highways and bridges in his division, or to be sold by him to defray the expenses of carrying the By-law into effect ; LOCAL RATES FOR SPECIAL IMPROVEMENTS. Local rates for 5- For levying by Assessment on all the rateable property special impro- within any particular parts of two Townships to be described vemen s. ^^ metes and bounds in the By-law, in ^addition to all other Rates, a sum sufficient to defray the expense of making, repair- ing or improving any Road, Bridge, or other public work, lying between such parts of such two Townships, and by which the inhabitants of such parts will be more especially benefited ; Proceedings to 6. But no such By-law, as referred to in the last preceding obtain a By- sub-section, shall be passed, except — 1. Upon a petition signed law lor. ^y. ^^ jg^g^ ^j^g jj^j£ ^£ ^j^g Electors within those parts of such Townships Avhich are to be affected by the By-law ; 2. Nor unless a printed notice of the petition, with the names of the signers thereto, describing the limits within which the By-law is to have force, has been given for at least one month, by putting up the same in four different places Within such parts of the Township and at the places for holding the sittings of the Council of each Township, whether it be within such parts or not, and also by inserting the same weekly for at least four weeks in some newspaper, if any there be published in the County, or if there is no such newspaper, then in a newspaper published in some adjoining County ; &C., IN MAKING ROADS AND BRIDGES. For aidino' in '''• ^^^ granting to any Town, Township, or (ncorporated Vil- making roads lage in the County, aid, by loan or otherwise, towards opening or making any new Road or Bridge in the Town, Township or Village and bridges. 1859. Municipal Institutions Cap. 54. g23 Village, in cases where the Council deems the County at large sufficiently interested in the work to justify such assis- tance, but not sufficiently interested to justify the Council in at once assuming the same as a County work ; ^i Fo^f^""^°g \hat the whole or any part of any County Making, &c., road shall be opened, improved and maintained by any local any County- Municipality within the County. ■'oad. TOWNSHIPS. 343. The Council of every Township may pass By-laws : AIDING COUNTIES IN MAKING ROADS. 1. For granting to any adjoining County aid in making, Aidino- County opening, maintaining, widening, raising, lowering or otherwise in making improving any highway, road, street, bridge or communication ^°^^' lying between the Township and any other Municipality, and for granting like aid to the County in which the Township lies in respect of any highway, road, street, bridge or commu- nication within the Township assumed by the County as a County work, or agreed to be so assumed on condition of such grant ; ORIGINAL ROAD ALLOWANCES. 2. For the stopping up and sale of any original allowance stopping up for road or any part thereof within the Municipality, and for and sale of on- fixing and declaring therein the terms upon which the same Swance. * " may be sold and conveyed ; but no such By-law shall have any force (1) unless passed in accordance with the three hundred and twenty-first section of this Act, nor (2) until confirmed by a By-law of the Council of the County in which the Township is situated at an Ordinary Session of the County Council, held not sooner than three months, nor later than one year next after the passing thereof ; TREES OBSTRUCTING HIGHWAYS. 3. For directing that, on each or either side of a highway ordering trees passing through a wood, the trees (unless they form part of an to be cut down orchard or a shrubbery, or have been planted expressly for ofa'^roadf' * ornament or shelter) shall, for a space not exceeding twenty- five feet on each side of the highway, be cut down and remov- ed by the proprietor within a time appointed by the By-law, or, on his default, by the Overseer of Highways, or other Officer in whose division the land lies ; and, in the latter case, for au- thorizing the trees to be used by the Overseer or other Officer for any purpose connected with the improvement of the highways and bridges in his division, or to be sold by him to defray the expenses of carrying the By-law into effect. i WHEN 624 ^^P- ^^- Municipal Institutions. 22 Vict. WHEN EOADS IN VILLAGES OR HAMLETS MAY BE SOLD BY TOWNSHIP COUNCILS. Whenroadsin 344. In case the Trustees of any Police Village, or fifteen Police Villages of the inhabitant householders of any other unincorporated Townsi^p' '^ village or hamlet consisting of not not less than twenty dwelling Councils. houses Standing within an area of two hundred acres, petition the Council of the Township in which the village or hamlet is situate, and in case the petition of such unincorporated village or hamlet not being a Police Village, is accompanied by a certifi- cate from the Registrar of the County within which the Town- ship lies, that a plan of the village or hamlet has been duly deposited in his office according to the registry laws, the Council may pass a By-law to stop up, sell and convey, or other- wise deal with any original allowance for road lying within the limits of the village or hamlet, as the same shall be laid down on the plan, but subject to all the restrictions contained in this Act with reference to the sale of original allowances. When Village 343. The last section shall apply to a village or ham- is partly in each let situate in two Townships whether such Townships shi'^.° '°^"' ^^s in the same or in different Counties, and in such case the Council of each of the Townships shall haye the powers hereby cqnferred, as to any original allowance for road lying within that part of the village or hamlet which, ac- cording to the registered plan, is situate within such Town- ship. RAILWAYS. Municipal 34S. The Council of every Township, County, City, Town '^"k'^B* j"*y . and Incorporated Village may pass By-laws : TAKING STOCK IN OR AIDING RAILWAY COMPANIES. For taking 1. For subscribing for any number of shares in the Capi- way^OT^^ar'- tal Stock of or for lending to or guaranteeing the payment anteeing de- of any sum of money borrowed by an incorporated Railway bentures; Company to which the eighteenth Section of the Statute fourteenth and fifteenth Victoria, Chapter fifty-one, — (the Rail- way Clauses Consolidation Act) or the Sections of the Con- solidated Statutes of Canada respecting Railways numbered seventy-five to seventy-eighl has been or may be made appli- cable by any special Act : For guarantee- 2. For endorsing or guaranteeing the payment of any Be- ing the pay- benture to be issued by the Company for the money by them tujes,&c.^'*"' borrowed, and for assessing and levying from time to time upon the whole rateable property of the Municipality, a suffi- cient sum to discharge the debt or engagement so contracted ; For issuing de- 3. For issuing, for the like purpose, Debentures payable at bentures. g^;!^ times and for such sums respectively not less than twenty dollars, and bearing or not bearing interest as the Municipal Council may think meet ; 4. 1859. Municipal Institutions. Cap. 54. 625 4. For directing the manner and form of signing or en- Tobeconfirm- dorsing any Debenture so issued, endorsed or guaranteed and ^g^/ ^"^"'"^ of countersigning the same, and by what officer or person the same shall be so signed, endorsed or countersigned, respectively; But no Municipal Corporation shall subscribe for stock or incur a debt or liability for the purposes aforesaid unless the By- law before the final passing thereof has received the assent of the Electors of the Municipality in manner provided by this Act. 347. Any Debenture for any of the purposes in the preceding Debentures section mentioned, signed or endorsed and countersigned as di- '^^f' '^^^^ rected by the By-law, shall be valid and binding on the Corpora- corporate seal. tion without the corporate Seal thereto, or the observance of any other form with regard to the Debenture than such as may be directed in the By-law. 348. In case any Municipal Council subscribes for and holds Head when to stock in any such Company to the amount of twenty thousand ^ * Director, dollars or upwards, the Head of the Council shall be ex officio one of the Directors of the Company in addition to the number of Directors authorized by the Special Act, and shall have the same rights, powers and duties as the other Directors of the Company. 349. The Council of every Township may pass By-laws, By-laws autho- for authorizing any Railway Company, in case such au- !^^,"S branch thority is necessary, to make a branch Railway on property *''*'*''■ of the Corporation, or on highways, under such conditions as the Council sees fit, and subject to the restrictions contained in the Ra; iway Clavises Consolidation Act, and any other Acts affecting sunh Railway. PROVISIONS APPLICABLE TO THE MUNICIPALITIES OF, OR IN, OR ADJACENT TO THE COUNTIES OF WELLINGTON AND BRUCE ONLY. 350. Whereas that section of the Peninsula of Wes- Preamble. tern Canada lying north-westerly from the Town of Guelph, and embracing the greater part of the Counties of Wellington and Bruce, as well as portions of the Counties of Grey, Perth and Huron, being destitute of proper facilities for commu- nicating with the produce markets of the Province ; And whereas the Reeves of the Municipalities of Fergus, Puslinch, Normanby, Brant, Flora, Minto, Pilkington, Saugeen, Arthur, Nichol, Kinloss, Howick, Greenock, Culross and Kincardine, and many others, by their petitions prayed that those Mu- nicipal Corporations desiring a means of communication might be enabled to aid in the establishment of the same, and might be empowered to distribute any liability which they might deem advisable to incur thereby, over the various sections of ij-ij- each 626 Cap. 54. Municipal Institutions. 22 Vict. On a petition oftliree-fourttis of the rate- payers, certain municipalities may guarantee a bonus, by rate on tlie im- proved value of properly, to Companies af- fording means of internal communica- tion. Proviso. each Municipality incurring such liability, in an equitable proportion to the benefits which they might derive from the improvements, or so far as practicable so to do ; And inas- much as the construction of Railways and of other roads has been found to enhance to the largest amount the value of property within easy access of these lines of traffic, and it is believed that the various degrees of additional value given to property within the influence of these works may be taken as a fair standard by which to measure the different degrees of benefit received from their establishment ; And whereas it has been deemed expedient to empower the various Municipalities aforesaid to aid in the promotion of their own prosperity in ac- cordance with the equitable principle expressed in the prsyers of the petitioners : Therefore — On and after the Fourth day of May, one thousand eight hundred and fifty-nine, and so soon as at least three-fourths of the rate-payers m any Municipality, being bond fide owners of at least three-fourths in value of the real property in such Municipality, have by a requisition (agreeable to form A (page 628) setting forth in general terms the character of the improvement they desire, and the rate per cent, for assessment purposes they are willing to bear,) require their Municipal Council or Councils, to incur any such liability as by this Section they are empowered to incur, the County Council of Wellington, the Provisional County Council (or in process of time the County Council) of Bruce, and any lesser Municipal Corporations either in or adjacent to these Counties, may guarantee to give a yearly bonus to any Company or (.'ompanies, party or parties who undertake to build and complete a Railway, or a gravel or other improved road or roads through or along or across any of the Municipa- lities aforesaid ; but sucii guarantee shall be limited as herein- after pointed out. 22 V. c. 39, s. 1. (1859.) To what amount such bonus shall be limited. 351. Any bonus guaranteed to be given under the last preceding section of this Act shall be the aggregate proceeds of a rate to be prescribed by the rate-payers' requisition afore- said, levied (except in the case provided for by the three hundred and fifty-fourth section) on the future increase of the assessed value of real property in such Municipalities or sec- tions of Municipalities as aforesaid, which rate is not to exceed one per cent, annually on the increase of the assessed value, and which increase is to be taken to mean the difference be- tween the assessed value of real property in the year during which any such guarantee may be given, and the assessed value in each year after the contemplated improvements are in operation or in use. 22 V. c. 39, s. 2. (1859.) When such 332. Each Municipal Corporation giving such guarantee oommunica- ag they are by the two last preceding sections of this Act em- rates To teTe*^' powered to give, shall annually so soon as the gravel roads or railways 1859. Mumcipal Institutions. Cap. 54. go? railways or both, have been made and are in use, assess and vied accoiding levy upon the rateable real property within the limits prescribed '" '^es^uar™- by the guarantee, situate within fifteen miles of the railway or ^" of such part of it as may be in operation, or within five miles of any gravel road or roads which shall be made and fit for use such rate or rates as may be determined upon as aforesaid, not exceeding one per cent, per annum on (except in the case pro- vided for by the three hundred and fifty-fourth section,) the increase as aforesaid ; but the rate or rates shall not be levied on any property situate more than five miles from any gravel road, nor more than fifteen miles from any Railroad or such part of it or them as may be then in operation, whether or not the said property be within the Municipality or section of the Municipality which has concurred in givi^g the guarantee. 22 V. 0.39, s. 3. (1859.) 35S. So soon as it is necessary to levy any special rate How the spe- on the increase of the assessed value of any ol the Municipa- ^iai rate for lities which may under authority of the three hundred and fif- EonuTsMnbe tieth to the three hundred and fifty-^ixth sections of this Act '»««?^«'iand undertake to aid in carrying out internal improvements, it shall '^™'^' be the duty of the Clerk of the Municipality to procure a plan verified by some Provincial Land Surveyor, showing the exact position of the improvements then in use, and also the relative position thereto of all taxable real property situate within the limits prescribed as aforesaid ; And he shall from this plan and from the Assessment Roll for the current year, make out a spe- cial Collector's Roll, or make an addition to the ordinary Col- lector's Roll, having opposite the names of all taxable persons and properly within the specified distance of the improvements, the information mentioned in the Form B (page 629) ; and the various amounts calculated on the increase, at the special rate determined by the rate-payers' requisition and the guarantee, and set down in the last column, according to Form B, shall be collected in addition to all other local rates and taxes in the maaner provided by the Assessment Laws of Upper Canada, all the provisions of which, not inconsistent with the sections of this Act, numbered 350 to 356, shall be so applied as to carry out the true intent and meaning thereof. 22 V. c. 39, s. 4, (1859.) 3*54. Should the total assessed value of real property within Provision ii ths the limits prescribed as aforesaid in any Municipality aiding {"'^''^^j® '° ^*" under the authority of the sections of this Act numbered 350 to sopercem. 356 in the construction of such works, be found on their com- pletion to have increased less than fifty per cent, over the total assessed value within the same limits at the time the guarantee was entered into, then, and in that case one half the rate deter- mined as aforesaid by the Rate-payers' requisition, shall be calculated on the whole assessed value of real property within the limits aforesaid and levied accordingly ; and such half rate on the whole assessed value within the limits aforesaid, shall continue to be assessed and levied until the total assessed value NN^ within 628 ^^P- ^4. Municipal Institutions. 22 Vict. But if it aaer- within the limits referred to exceeds the original total assessed toM*percrm.' value -by fifty percent, thereof; But whenever the total assessed or upwards. ' value of real property in a Municipality within the limits aforesaid, exceeds by fifty per cent, or upwards the original assessed value within the same limits, then the whole rate shall be assessed on the increase only, as described in the previous section. 22 V. c. 39, s. 5, (1859.) Gravel roads 355. All gravel roads constructed by any Company, under to be kept in ^he guarantee of an annual bonus from a Municipality as afore- dpal'corpora- said, shall be kept in reasonably good repair and shall be free tion may enter ffom toU or other charges within the limits of the Municipality, rangemente ^' SO long as the bonus continues to be paid ; and it shall be com- with the Com- petent to the Municipal Corporation, to bargain and agree with ^*"^' the Company, either for a reduction of the bonus or the rates aforesaid, or their suspension at a fixed period, for the transfer of the roads to the management of the Municipalities, or for their continuance free of toll and kept in repair by the Company, under a modified bonus ; But the rate to be levied shall not in any case exceed the maximum rate consented to by the rate-payers. 22 V. c. 39, s. 6, (1859.) Guarantee to 356. After a guarantee of a bonus has been given under aeMimra™- authority of the sections of this Act, numbered 350 to 355, with ty, &c. ' the consent of the rate-payers obtained as aforesaid, and action taken towards the commencement of the improvements con- templated, it shall be valid and binding upon the Municipality; and when the works are sufficiently advanced towards com- pletion, then the rates shall be levied as therein described, and the proceeds without deduction paid over as the first annual bonus to the parties who may make the improvements in good faith. 22 V. 39, s. 7, (1859.) 357. The following are the Forms A and B referred to in sections 350 and 353, respectively. FORM A, REFERRED TO IN SECTION 350. Rate-Payers^ Requisition. County of ) We, the undersigned rate-payers of the Town- To WIT : \ ship of , in the County of , being desirous of having established, [here describe in general terms the character of the improvements desired,) and approving of the general provisions and equitable principle of assessment embodied in the Sections of the Consolidated Statute of Upper Canada, respecting Municipal Institutions, Cap. 54, numbered 350 to 356 ; a copy of which is hereunto attached— hereby autho- rize and request our Municipal Council to guarantee an annual bonus to any Company or Companies, who shall undertake to conslruct and carry out the improvements above referred to, agi'eeably to the provisions, conditions and limitations of the Sections aforesaid of the Act aforesaid ; and we do further authorize and consent that a maximum rate of per cent, on the increase, as explained in the three hundred and fifty- 1859. Municipal Institutions. Cap. 54. 629 fifty-first section of the Act aforesaid, subject to any reduction that the Council may determine, shall or may be levied annually on real property in this section of the for the pur- pose of paying the said bonus. Signature of bon&Jide Owner. Concession. Lot. Witness to signature. FORM B. KEFEKRED TO IN SECTION 353. Additional columns to Collector's Roll for Special Assessment. 1 2 3 4 5 No. of miles from Railway or Gravel Road. Original assessed value (being that of the year during which the Guarantee is given.) Corrected assess- ed value for the current year. Increase in value, being the differ- ence between the amounts in the two next lumns. Amount to be collected (this is to be ccdeidated at the rate fixed by the Rate-payers' Requisition and the Guarantee on the sums set down in the next pre- ceding colu^mn.^ ARBITRATIONS. 358. In all cases of arbitration directed by this Act, the proceedings shall be as follows : 1. Each party shall appoint one arbitrator and give notice Mode of ap; thereof in writing to the other party ; and when the other par- fj°\OTrindL, ty is a Corporation, the notice shall be given to the Head of the ducting arbi- Corporation ; trations. 2. The two arbitrators appointed by or for the parties shall Third Arbitra- choose a third arbitrator ; *'"'• 3. In case of an arbitration between Townships or between provision in Counties, or between a County and a City, or between a ^ase of^neglect County and Town, if for one month after having received ° ^^^°'° ' such notice the party notified omits appointing an arbitra- tor ; and if for ten days after the second arbitrator has been appointed, 630 Cap. 64. Municipal Institutions. 23 Vict. Incaseofexer- eiee of powers as to roada, drains, (fee. appointed, the two arbitrators omit to appoint a third arbitrator^ then, in case the arbitration is between Townships, the War- den of the County Muthin which the Townships are situate ; or in case the arbitration is between Counties, or, between a County and a City or a Town, the Governor in Council may appoint an arbitrator for the party or arbitrators in default ; 4. In case of an arbitration between a Municipal Corporation and the owners of property to be entered upon, taken or used in the exercise of the powers of the Corporation in regard to roads, streets or other communications, or to drains and sewers, if, after the passing of the jBy-law, any person interested in the property appoints and gives due notice to the Head of the Council of his appointment of an arbitrator to determine the compensation to which such person is entitled, the Head of the Council shall, within three days, appoint a second arbitra- tor and give notice thereof to the other party, and shall express clearly in the notice what powers the Council intend to exercise with respect to the property (describing it) ; If the owner of 5. If within one month after service on the owner or owners Samfan Arbi-° °^ ^hc property, of a copy of any By-law certified to be frator. a true copy under the hand of the Clerk of the Council, the owner or owners omit naming an arbitrator and giving no- tice thereof as aforesaid, the Council, or the Head if authorized by By-law, may name an arbitrator on behalf of the Council and give notice thereof to the owner or owners of the pro- perty, and the latter shall, within seven days thereafter, name an arbitrator on his or their behalf ; Time for ap- 6. In either of the cases provided for by the two preceding pointing third clauses, the two arbitrators shall within seven days appoint a fcraward.^" third arbitrator, and their award shall be made withio one month after the appointment ; County Judge to appoint in certain cases. Appointments how to he made. 7. If any such owner or occupier neglects naming an arbitrator within seven days after receiving notice to do so, or if the two arbitrators do not within seven days from the appoint- ment of the lastly named of the two arbitrators, agree on a third arbitrator within seven days after the lastly named arbitrator's appointment, or if an arbitrator refuses or neglects to act, the Judge or the officiating Judge of the County Court, on the ap- plication of either parly, shall nominate as an Arbitrator a fit person resident without the limits of the Municipality in which the property in question is situale, and such Arbitrator shall forthwith proceed to hear and determine the matters re- ferred to him ; 8. The appointment of all Arbitrators shall be in writing un- der the hands of the appointors, or in case of a Corporation, un- der the Corporate Seal and authenticated in like manner as a By-law ; 1859. Municipal Institutions. Cap. 64. gg J 9. The Arbitrators on behalf of a Municipal Corporation or Head to ap- Provisional Corporation, shall be appointed by the Council there- ''"^^^■^^ of, or by the Head thereof if authorized by a By-law of the ''°"' '""' Council ; 10. In case there are several persons having distinct iiiterests in Where many property in respect of which the Corporation is desirous of exer- F*"'ffj*'^^ th' eising the powers referred tointhe above fourth sub-gection under same property, a By-law in that behalf passed, whether such persons are all in- terested in the same piece of property or some or one in a part thereof, and some or one in another part thereof, and in case the By-law or any subsequent By-law provides that the claims of all should in the opinion of the Council be dis- posed of by one award, such persons shah have one month instead of seven days to agree upon and give notice of an arbitrator jointly a,ppointed in iheir behalf before the County Court Judge. shall have pow^er to name an arbitrator for them ; 11. Every arbitrator, before proceeding to try the matter of Arbitrators to ■ the arbitration, shall take and subscribe the following oath (or ^ sw^om- in case of those who by law affirm, make and subscribe the fol- lowing athrmation) before any Justice of the Peace : " I, (A. B.), do swear, {or affirm) that I will well and truly Form, " try the matters referred to me by the parties, and a true and " impartial award make in the premises according to the " evidence. So help me God." Which Oath or Affirmation shall be filed with the papers of the reference ; 13. In case the award relates to property to be entered upon, Award to be taken or used as mentioned in the said fourth sub-section, and in fallf c°f es° mSt case the By-law did not authorize or profess to authorize any entry be adopted by or use to be made of the property before an award had been made a certa^tiTkae!- except for the purpose of survey, or in case the By-law did give or profess to give such authority but the arbitrators find that such authority had not been acted upon, the award shall not be binding on the Corporation unless it is adopted by By-law within six weeks after the making of the award ; and if the same is not so adopted, the original By-law shall be deemed to be re- pealed, and the properly shall stand as if no such By-law had been made, and the Corporation shall pay the costs of the arbi- tration ; 13. In the case of any award under this Act which does not Notes of the require adoption by the Council, or in case of any award to du|f^,"'to be' which a Municipal Corporation is a party and which is to be taken and filed made in pursuance of a submission containing an agreement '"certain cases. that the present sub-section of this Act should apply thereto, the arbitrator or arbitrators shall take, and immediately after the making 632 Cap. 54. Municipal Institutions. 22 Vict. Award to be made by at least two Ar- bitrators, and subject to Su- perior Courts. Poweirs of the Courts in such matters. making of the award shall file with the Clerk of the Councillor the inspection of all parties interested, full notes of the oral evi- dence given on the reference, and also all documentary evidence or a copy thereof, and in case they proceed partly on a view or any knowledge or skill possessed by themselves or by any of them, they shall also put in writing a statement thereof sufficiently full to allow the Court to form a judgment of the weight which should be attached thereto ; 1 4. Every award made under this Act shall be in writing under the hands of all or two of the arbitrators, and shall be subject to the jurisdiction of any of the Superior Courts of Law or Equity as if made on a submission by a Bond containing an agree- ment for making the submission a rule or order of such Court ; And in the cases provided for by the last preceding sub- section, the Court shall consider not only the legality of the award but the merits as they appear from the proceedings so filed as aforesaid, and may call for additional evidence to be taken in any manner the Court directs, and may, either without taking such evidence or after taking such evidence, set aside the award, or remit the matters referred or any ofthem from time to time to the consideration and determination of the same arbitra- tors, or to any other person or persons whom the Court may ap- point as prescribed in the " Common Law Procedure Act," and fix the time within which such further or new award shall be made, or the Court may itself increase or diminish the amount awarded or otherwise modify the award, as the justice of the case may seem to the Court to require. POUNDS AND POUND-KEEPERS. By-iaws^as to 359. The Council of every Township, City, Town and Incor- craeV to ani- porated Village, may respectively pass By-laws (not being incon- mais. sistent with the Consolidated Statute of Canada relating to Cruelty to Animals :) Pounds to be provided. PROVIDING POUNDS. I. For providing sufficient yards and inclosures for the safe keeping of such animals as it may be the duty of the Pound Keeper to impound ; ANIMALS RUNNING AT LARGE. Animals run- 2. For restraining or regulating the running at large of ning at large, ^jjy animals ; and providing for impounding them ; and for causing Ihem to be sold in case they are not claimed within a reasonable time, or in case the damages, fines and expenses are not paid according to law ; Appraisingda- 3. For appraising the damages to be paid by the owners of mages done by. animals impounded for trespassing contrary to the laws of Upper Canada or of the Municipality ; 4. 1859. Municipal Institutions. Cap. 54. 533 4. For determining the compensation to be allowed for ser- Compensation vices rendered, in carrying out the provisions of this Act with an'i^r'""""^ respect to animals impounded or distrained and detained in the possession of the distrainor. GENERAL PROVISIONS. 360. Until varied or other provisions are made by Act of Regulations Parliament, or by By-Laws of the Municipality, the following mUt orPound' regulations shall be in force : Keepers. 1. The owner of any animal not permitted to run at large by Liability for the regulations of the Municipality, shall be liable for any damage done. damage done by such animal, although the fence enclosing the premises was not of the height required by such regulations ; I V. c. 21, s. 35, at the end. 2. If not previously replevied, the Pound Keeper shall im- what animals pound any horse, bull, ox, cow, sheep, goat, pig, or other cattle, or '" ^e impound- any poultry, distrained for unlawfully running at large, or for ^ " trespassing and doing damage, delivered to him for that pur- pose by any person resident within his division who has dis- trained the same ; 3. When the common Pound of the Municipality or place when the com- wherein a distress has been made is not secure, the Pound Keeper ™°t° 1'^™'* '' may confine the animal in any inclosed place within the limits of the Pound Keeper's division within which the distress was made ; 4. The person distraining and impounding the animal statement of shall, at the time or within twenty-four hours thereafter, deliver demand to be to the Pound Keeper duplicate statements in writing of his Keeper by im- demands against the owner for damages (if any), not exceed- pounder. ing twenty dollars, done by such animal ; And shall at the same time give his written agreement under seal (with a surety if required by the Pound Keeper) in the form following, or in words to the same effect : I, {or we, as the case may be), do hereby agree that I, (or we) Form of agree- will pay to the owner of the (describing the animal) by me Pound^eeper. (A. B.) this day impounded, all costs to which the said owner may be put in case the distress by me the said A. B. proves to be illegal, or in case the claim for damages now put in by me the said A. B. fails to be established ; 5. In case the animal distrained is a horse, bull, ox, cow, if the animal sheep, goat, pig or other cattle, and if the same be distrained ^e of a certain by a resident of the Township for straying within his premises, such person, instead of delivering the animal to a Pound Keeper, may retain the animal in his own possession, provided he makes no claim for damage done by the animal, and duly gives the notices hereinafter in that ease required of him ; 6. 634 Cap. 54. Municipal Instilutions, 22 Vict. If the owner be known. If unknown, Bolice to Township Clerk. Duty of Clerk thereon. If the animals are worth $10 or OTer. 6. If the owner be known to him, he shall forthwith give to the owner notice in writing of having taken up the animal ; 7. If the owner be unknown to the person taking up and re- taining possession of the animal, such person shall, within forty- ejght hours, deliver to the Township Clerk a notice in writing of having taken up the animal, and containing a description of the color, age and natural and artificial marks of the animal, as near as may be ; 8. The Township Clerk, on receiving this notice, shall forth- with enter a copy thereof in a book to be kept by him for that purpose, and shall post the notice he receives, or a copy thereof, in some conspicuous place on or near the door of his office, and continue the same so posted for at least one week, unless tl» animal is sooner claimed by the owner ; 9. If the animal or any number of animals taken up at the same time, be of the value of ten dollars or more, the dis- strainor shall cause a copy of the notice to be published in a Newspaper in the County, if one is published therein, and if not, then in a Newspaper published in an adjoining County, and to be continued therein once a week for three successive weeks : Notice of sale. 10. In case an animal be impounded, notices for the sale thereof shall be given by the Pound Keeper or person who im- When sale may pounded the animal within forty-eight hours afterwards, but no ™ pig or poultry shall be sold till after foar clear days, nor any horse or other cattle till after eight clear days from the time of impounding the same ; If animal is 11. In casc the animal be not impounded but is retained in but 'Srine?'^' ^^^ possession of the party distraining the same, if the animal is a pig, goat or sheep, the notices for the sale thereof shall not be given for one month, and if the animal is a horse or other cattle, the notices shall not be given for two months after the animal is taken up ; Notice of sale unless redeem- ed. 12. The notices of sale may be written or printed and shall be affixed and continued for three clear successive days, in three public places in the Municipality, and shall specify the time and place at which the animal will be publicly sold, if not sooner re- plevied or redeemed by the owner or some one on his behalf, paying the penalty imposed by law (if any), the amount of the injury (if any) claimed or decided to have been committed by the animal lo the property of the person who distrained it, together with the lawful fees and charges of the Pound Keeper, and also of the fence- viewers (if any) ; and the expenses of the animal's keeping ; 13. 1859. Municipal Institutions. Cap. 54. g35 13. Every Pound Keeper, and every person who impounds or Keeper to (eeii confines, or causes to be impounded or confined, finy animal in ^u™"^^ any common Pound or in any open or close Pound, or in any inclosed place, shall daily furnish the animal with good and sufl5cient food, water, and shelter, during the whole time that such animal continues impounded or confined ; 14. Every such person who furnishes the animal with food, Andmayreco- water, and shelter, may recover the value thereof from the ^^"^ ""^ ^^'"«- owner of the animal, and also a reasonable allowance for his time, trouble and attendance in the premises ; 15. The value or allowance as aforesaid may be recovered, inwhatman- with costs, by summary proceeding before any Justice of the ma/b^r™o-* Pieace within whose jurisdiction the animal has been impound- y^ted. ed, in like manner as fines, penalties or forfeitures for the breach of any By-law of the Municipality may by law be recovered and enforced by a single Justice of the Peace ; and the Justice shall ascertain and determine the amount of such value and allowance when not otherwise fixed by law, adhering, so far as applicable, to the tariff of Pound Keepers' fees and charges that may be established by the By-laws of the Municipality ; 16. The Pound Keeper, or person entitled so to proceed, other mode of may, instead of such summary proceeding, enforce the remu- enforcing. aeration to which he is entitled in manner hereafter mentioned ; 17. In case it be by affidavit proved before one of the saie how ef- Justices aforesaid, to his satisfaction, that all the proper ^^^^^\^-' notices have been duly affixed and published in the manner moneyr^ow^ and for the respective times above prescribed, then if the applied. owner or some one for him does not within the time specified in the notices, or before the sale of the animal, replevy or redeem the same in manner aforesaid, the Pound Keeper who impounded the animal, or if the person who took up the animal did not deliver such animal to any Pound-keeper but retained the same in his own possession, then, any Pound- keeper of the Township, may publicly sell the animal to th« highest bidder, at the time and place mentioned in the aforesaid notices, and after deducting the penalty and the damages (if any) • and fees and charges, shall apply the produce in discharge of the value of the food and nourishment, loss of time, trouble and attendance so supplied as aforesaid, and of the expenses of driving or conveying and impounding or confining the animal, and of the sale and attending the same, or incidental thereto, and of the damage when legally claimable not exceeding twenty dollars to be ascertained as aforesaid, done by the animal to the property of the person a^ whose suit the same was distrained, and ahaJJ return the surplus (if any) to the original owner of the animal, or if not claimed by him within three months after the «ale, the Pound Keeper shall pay such surplus to the Treasurer or Chamberlain of and for the use of the Municipality ; 18. g36 ^^P- ^4' Municipal Institutions. 22 Vict. Disputes re- 18. If the owner withiti forty-eight hours after the delivery of lenMnl h"ow ^^^^ Statements, as provided in the third sub-section of this clause, determined. ' disputes the amount of the damages so claimed, the amount shall be decided by the majority of three fence-viewers of the Municipality, one to be named by the owner of the animal, one by the person distraining or claiming damages, and the third by the Pound Keeper ; Fence-viewers 19. Such fence-viewers or any two of them shall, within toview^and^ap- twenty-four hours after notice of their appointment as aforesaid,' " view the fence and the ground upon which the animal was found doing damage, and determine whether or not the fence was a lawful one according to the Statutes or By-laws in that behalf at the time of the trespass ; and if it was a lawful fence then they shall appraise the damages committed, and, within twenty-four hours after having made the view, shall deliver to the Pound Keeper a written statement signed by at least two of them of their appraisement, and of their lawful fees and charges ; Penalty for ne- 20. Any fcnce-viewcr neglecting his duty as arbitrator as viewers '^"^^''^ aforesaid, shall incur a penalty of two dollars, to be recovered for the use of the Municipality, by summary proceeding before a Justice of the Peace upon the complaint of the party aggrieved, or the Treasurer or Chamberlain of the Municipality ; Proceedings 21. If the fence-viewers decide that the fence was not a decide ™aliis^ lawful one, they shall certify the same in writing under the legality of a their hands, together with a statement of their lawful fees to the fence. Pound Keeper, who shall, upon payment of all lawful fees and charges, deliver the animal to the owner, if claimed before the sale thereof, but if not claimed, or if such fees and charges be not paid, the Pound Keeper, after due notice, as required by this Act, shall sell the animal in the manner before mentioned at the time and place appointed in the notices ; Liability of 22. In case any Pound Keeper or person who impounds '^fein<^t'if?"d °^ confines, or causes to be impounded or confined, any animafini- animal as aforesaid, refuses or neglects to find, provide and pounded. supply the animal with good and suflicient food, water, and shelter as aforesaid, he shall, for every day during which he so refuses or neglects, forfeit a sum not less than one dollar nor more than four dollars. Kecovery and 23. Every fine and penalty, imposed by this Act, may be penaitieT"' °^ recovered and enforced, with costs, by summary conviction, under the summary convictions Act, before any Justice of the Peace of the County, or of the Municipality, in which the of- Imprisonment fence was Committed ; and, in default of payment, the offender payment!' "'' ^^7 ^^ committed to the Common Gaol, House of Correction, or Lock-up-House of such County or Municipality, there to be imprisoned for any time, in the discretion of the convicting and 1859. Municipal Institutions. Cap. 64. g37 and committing Justice, not exceeding fourteen days, unless the fine and penalty, and costs, including the costs of com- mittal, be sooner paid ; 24. Upon the hearing of any , information or complaint ex- Who may be a hibitedor made under this Act, any person (including the person) witness. giving or making the information or complaint, shall be a compe- tent witness, notwithstanding such person may be entitled to any part of the pecuniary penalty on the conviction of the offender ; 25. When not otherwise provided, every pecuniary penalty Application of r6qovered before any Justice of the Peace under this Act shall penalties. be paid and distributed in the following manner : one moiety to the City, Town, Village or Township, in which the offence was committed, and the other moiety thereof, with full costs, to the person who informed and prosecuted for the same, or to such other person as to the Justice may seem proper. ADMINISTRATION OF JUSTICE AND MATTERS OF POLICE. CITIES TO BE COUNTIES, &C. 361. Every City and Town separated shall be a County of in -what respect itself for Municipal purposes, and for such judicial purposes as ^oun^''* are herein specially provided for in the case of all Cities, but for no other. JUSTICES OF THE PEACE. 363. The Head of every Council, the Aldermen of a City, Heads of Coun- the Justices of the Peace and the Reeve of every Town, and the "^^'^^6^8*10 Deputy Reeve of every Township, Town and Incorporated be Justices of Village, shall ex officio be Justices of the Peace for the whole ""^ ^'='"=^- County or union of Counties in which their respective Munici- palities lie, and shall not be disqualified by being an Attorney, Solicitor or Coroner. 363. Justices of the Peace for any town shall have the Qualification same property qualification and take the same oaths as other counciibre as Justices of the Peace, but no Warden, Mayor, Recorder, Police Justice ofthe Magistrate, Alderman, Reeve or Deputy Reeve, after taking Jj^pens^i'^th. the oaths or making the declarations as such, shall require to have any property qualification or to take any further oath to enable him to act as a Justice of the Peace. 364. When a Town has been erected into a City and the when Towns Council of the City duly organized, every Commission of ^„^^^,^comi^' the Peace theretofore issued for the Town, shall cease. missions of Peace to cease. 365. Justices of the Peace for a County in which a City County Jus- lies shall as such have no jurisdiction over offences com- '„'^%',°^^cTfon mitted in the City, and the warrants of County Justices shall in cities, but require 638 Cap. 54. Municip'd Institutions. 23 Vict. require to be endorsed before being executed in a City in the same manner as required by law when to be executed in a se- parate County ; But tiie general and adjourned Quarter Ses- sions of the Peace for the County may be held and the juris- diction thereof exercised within the City. 3^6. Nothing herein contained shall limit the power of the Governor to appoint under the Great Seal of the Province any number of Justices of the Peace for a Town, or shall inter- fere with the Jurisdiction of Justices of the Peace for the Coun- ty in which a Town is situate over offences committed in the Jurisdiction of Town, except only so far as respects offences against the By- County Jus- Jaws of the Town and penalties for refusal to accept office or to owns, jjjj^jjg ijjg declaration of office in the Town as to which Jurisdic- tion shall be exercised exclusively by the Police Magistrate or Mayor or Justices of the Peace for the Town. •Quarter Ses- sions may be ield therein. Governor may appoint Jus- tices of the Peace for Towns. Mayor may call out Posse. Powers of Heads ofCoun- cils to adminis- ter oaths. 5567. The Mayor of any City or Town may call out the Posse to enforce the law within his Municipality should exigencies require it, but only under the same circumstances in which the Sheriff of a County may now by law do so. 368. The Head of every Council, or in his absence the Chair- man thereof, may administer an oath or affirmation to any person concerning any account or other matter submitted to the Coun- cil. POLICE OFFICE. Public Offices in Cities and Towns. 369. The Council of every Town and City shall establish therein a Police Office, and the Police Magistrate, or in his absence, or where there is no Police Magistrate, the Mayor of the Town or City, shall attend at such Police Office daily, or at such times and for such period as may be necessary for the disposal of the business brought before him as a Justice of the Peace ; and any Justice of the Peace having Jurisdiction in a Town may, at the request of the Mayor thereof, act in his stead at the Police Office ; But, except in cases of urgent necessity, no attendance is required on Sunday, Christmas Day, or Good F'riday, or any day appointed by Proclamation for a Public Fast or Thanksgiving. RECORDER S COURTS AND POLICE MAGISTRATES. RECORDER'S COURT. Keoorder's Court in Cities, Jurisdiction of. 370. There shall be in every City a Court of Record to be called the Recorder's Court of the City ; and therein the Recorder alone, or assisted by one or more of the Aldermen, shall preside ; or in the absence of the Recorder, or when there is no Recorder, the Mayor, (and in his absence, one of the Aldermen elected by themselves) assisted by one or more Aldermen, shall preside ; and the Court shall, as to crimes and offences committed 1859. Municipal Institutions. Cap. 54. ggg c&mmitted in the City and as to matters of civil concern therein, have the same Jurisdiction and powers and use the like pro- cess and proceedings as Courts of Quarter Sessions of the Peace in Counties. RECORDERS AND POLICE MAGISTRATES, 371. The Recorder shall be a 'Barrister of Upper Canada, Recordpr m,« 01 not less than live years' standing. liiication of. 379. Every Recorder shall receive a salary of not less salary of Re- than one thousand dollars, and his salary shall be defrayed cmder. from and out of the fee Fund from w^hich the salaries of County Judges are defrayed. 373. Every Police Magistrate shall receive a salary of not Salary of Police less than four hundred dollars per annum, to be fixed by and to ^^^gistrate. be paid quarterly by the Council. 374. A Recorder or a Police Magistrate shall not in the when Recor- first instance be appointed for any Municipality, until the Coun- ^ °F P°'''=® cil thereof communicates to the Governor its opinion that such i,e Appointed. an Officer is required. 375. Every Recorder and Police Magistrate shall be ap- jg ^^ appoint- pointed by the Crown, and shall hold office during the plea- edbythe sure of the Crown ; and shall ex officio be a Justice of the Peace '^™^''- for the City or Town for which he holds Office as well as for the County in which the City or Town is situate. THE CLERK. 376. The Clerk of the Council of every City or Town, or cierk of Re- such other person as the Council of the City or Town may ap- corder's Court point for that purpose, shall be the Clerk of the Police Office ol^cJ"'^'* thereof, and perform the same duties and receive the same emoluments as Clerks of Justices of the Peace, and the City Clerk, or such other person as the Council of the City may ap- point for that purpose, shall also be Clerk of the Recorder's Court, and shall perform the same duties and receive the same emoluments as Clerks of the Peace ; and in case the said Clerk or other person is paid by a fixed salary, the said emolu- ments shall be paid by him to the municipality, and form part of its funds. SESSIONS OF recorder's COURT. 377. The Recorder's Court shall hold four Sessions sessions of in every year, and such Sessions shall commence on the second Recorder's Monday in January, and on the first Monday in the months of ^°'"^' April, July and November. 378. 640 Cap. 64. Municipal Institutions. 22 Vict. Jurors, High Bailiff to summon. Costs of per- sons acquitted of misdemea- 378. The panels of Grand Jurors shall consist of twen- ty-four persons, and the panels of the Petit Jurors of not less than thirty-six nor more than sixty persons ; and all such persons shall be residents of the City, selected to serve as Jurors under the Laws relating to Jurors. 379. The High Bailiif of a City, not made a separate County for all purposes, shall ballot for and summon the Jurors under a Precept signed by the Recorder, or by the Mayor, or the Alderman elected to act in the Recorder's place, in the manner appointed by the Laws relating to Jurors. 380. On the acquittal of any person tried for misdemeanor in a Recorder's Court the presiding Officer shall, if the Court is satisfied that there was reasonable and probable cause for the prosecution, order the costs thereof to be taxed by the Clerk and to be paid out of the City Funds. EXPENSES OF RECORDER S COURT. Expenses of criminal Jus- tice in Recor- der's Court how paid. 381. The expenses of the administration of justice in criminal cases in the Recorder's Court, shall be defrayed out of the Consolidated Revenue Fund, in like manner and to the like extent as the expenses attending the administration of jus- tice in criminal cases in the several Courts of Quarter Sessions in Upper Canada. INVESTIGATIONS BY RECORDER UNDER RESOLUTION OF CITY COUNCIL. Investigation 38S. In case the Council of any City at any time passes by Recorder of g^ resolution requesting the Recorder of the City to investi- charges ot mal- ^°. ■, ■ ^ i. '' i t • feasance. gate any matter to be mentioned in the resolution and relating to a supposed malfeasance, breach of trust or other misconduct on the part of any member of the Council or Officer of the Corporation, or of any person having a contract therewith, in relation to the duties or obligations of the Member, Officer or other person, to the City, or in case the Council of any City sees fit to cause inquiry to be made into or concerning any matter connected with the good Government of the City, or the conduct of any part of the public business thereof, and if the Council at any time passes a resolution requesting the Re- corder of the City to make the inquiry, the Recorder To have pow- shall inquire into the same, and shall for that purpose have «"^.™^'' CJou- all the powers of Commissioners under the Consolidated Sta- tutes of Ca-' tute of Canada, respecting inquiries concerning Public Matters nada, Cap. 13, and official Notices, And the Recorder shall, with all convenient speed, report to the Council the result of the inquiry and the evidence taken thereon. CITY 1859. Municipal Institutions. Cap. 54. g4 J CITY DITISION COURT. 383. The Governor may, by Letters Patent under the Division Court Great Seal, appoint the Recorder to preside over and hold the ',? ''®¥''' ^^ Division Court of that Division of the County which includes the City ; and in such case, as long as the Letters Patent re- main unrevoked, the Recorder shall have the powers and privi- leges and perform the duties otherwise belonging to the County Court Judge as Judge of the Division Court, and during such period the authority and duties of the County Judge or Judge of such Division Court shall cease, except as in this Act provided. 384. The Governor in Council shall fix an annual sa- SaiaryasJudge lary to be paid to the Recorder for performing such duties, °'^D'^^'°"i regard being had in fixing the same to the population resident within the Jurisdiction of such Division Court, the amount ac- cruing from the Court to the fee fund, the amount of the salary of the Recorder as such, and the amount of the salaries of the County Court Judges in Upper Canada, and the salary shall be subject to be altered, in the like way, and shall be paid out of the like Fund and in the like manner as the salary of the County Judge in and for the County in which the City is situated. 38o. While a Recorder is authorized to hold the Division Recorder when Court, he shall not practise as a Barrister, Advocate, Attorney, not to practise Solicitor or Proctor in any Court of Law or Equity. 38®. In case of the Recorder's illness or unavoidable Absence of absence, or absence by leave of the Governor while such Recorder pro- Letters Patent are in force, the Judge of the County Court of the ^' County in which the City lies may officiate for the Recorder, as Judge of such Division Court, and in every other capacity pertaining to the office of the Recorder as Judge of such Divi- sion Court ; or the Recorder may, by an instrument in writing Appointment of under his hand and seal, appoint a Barrister of Upper Canada Deputy. to act for him as Judge of such Division Court with like powers as aforesaid ; but no such appointment shall continue in force for more than one month, unless renewed in like form. 387. Every such instrument shall contain a recital Form of of the cause which renders the appointment therein contained necessary ; and shall be executed in triplicate ; and the Recor- der shall file one of the triplicate originals in the Office of the Clerk of such Division Court, and shall deliver or send to the per- son so named to officiate for him another thereof, and shall trans- mit the third to the Provincial Secretary for the information of the Governor. 388. The Governor may, by an instrument under Governor may his Privy Seal, annul any such appointment; and may, if he sXttoean^ thinks fit, by the same instrument or any other instrument under other. CO his 642 Cap. 54. Municipal Institutions. 23 Vict. his Privy Seal, appoint another Barrister of Upper Canada to act for the Recorder in the place of the Barrister appointed by the Recorder. JUKORS AND WITNESSES. COMPETENCY. Competency of 389. In any prosecution, suit, action or proceeding Jurors and to which a Municipal Corporation is a party, no Member, Officer wi nesses. ^^ servant of the Corporation shall, on account of his being such, be an incompetent witness, or be liable to challenge as a Juror. EXEMPTIONS. Kxeniptions of Citizens as Jurors. 390. The inhabitants of a City, not a separate County for all purposes, shall be exempt from serving on juries at any other than the City Courts and Courts of Assize and Nisi Prius, Oyer and Terminer and General Gaol Delivery for the County in which the City is situate, and on trials at Bar before the Superior Courts of Common Law. HIGH BAILIFF AND CONSTABLES. Bailiffs and Constables. Chief Consta- ble. Arrests by Constables for alleged brea- ches of the Peace (not within view) when sanction- ed. 391. Until the organization of the Board of Police hereinafter mentioned, the Council of every City shall appoint annually a High Bailiff, but may provide by By-law that the. offices of High Bailiff" and Chief Constable shall be held by the same person. 393. Until such organization, the Council of the City or Town shall appoint one Chief Constable for the Municipality, and one or more Constables for each Ward, and the persons so appointed shall hold office during the pleasure of the Council. 393. In case any person complains to a Chief of Police, or to a Constable or Bailiff in a Town or City, of a breach of the Peace having been committed, and in case such ofRcer has reason to believe that a breach of the Peace has been . committed, though not in his presence, and that there is good reason to apprehend that the arrest of the person charged with committing the same is necessary to prevent hig escape or to prevent a renewal of the breach of the Peace, or to prevent immediate violence to person or property, then if the person complaining gives satisfactory security to the officer that he will without delay appear and prosecute the charge before the Police Magistrate or before the Mayor or Sitting Justice, such ofHcer may, without warrant, arrest the person charged in order to his being conveyed as soon as conve- niently may be before the Magistrate, Mayor or Justice, to be dealt with according to Law. 394. 1859. Municipal Institutions. Cap. 64. 643 394. Until the organization of a Board of Police, every Until a Board Mayor, Recorder and Police Magistrate may, within his °.a^°ef Ma°OT jurisdiction, suspend from office for any period in his dis- fcoirmay sus-""^ cretion, the Chief Constable, or Constable of the Town or gonttSSl^&c City, and may, if he chooses, appoint some other person to from office. *"' the office during such period ; and in case he considers the suspended Officer deserving of dismissal, he shall, immediately after suspending him, report the case to the Council, and the Council may dismiss such Officer, or may direct him to be res- tored to his office after the period of his suspension has expired ; and the Recorder and City Council respectively shall have the like powers as to the High Bailiff of a City. 395. During the suspension of such officer he shall not Salary to be be capable of acting in his office except by the written per- ^"pensfon"'"^ mission of the Mayor, Recorder or Police Magistrate who sus- pended him, nor during such suspension shall he be entitled to any salary or remuneration. EOAHD OF PO]>ICE, OF WHOM COMPOSED. 396. In every City there is hereby constituted a Board of Board of Police Commissioners of Police, and such Board shall consist of the po^J"™ '"""' Mayor, Recorder and Police Magistrate, and if there is no Recorder or Police Magistrate, or if the offices of Recorder and Police Magistrate are filled by the same person, the Council of the City shall appoint a person resident therein to be a member of the Board, or two persons so resident to be members thereof, as the case may require. QUORUM. 397. A majority of the Board shall constitute a quorum, and a majority to the acts of a maioritv shall be considered acts of the Board. constitute a •" *' quorum. NUMBER OF THE POLICE FORCE. 398 . The Police Force shall consist of a Chief Constable and Number of to as many Constables and other Officers and Assistants as the j^" determined _ .,-'. . . - 1 i .. 1 ■ by tne Council. Council from time to time deems necessary, but not less in number than the Board reports to be absolutely required. APPOINTMENT OF POLICEMEN. 399. The members of the Police Force shall be appointed by The Poiice- and hold their offices at the pleasure of the Board. Sdntld byX Board. POLICE REGULATIONS. 400. The Board shall, from time to time, make such regula- Board to make tions as they may deem expedient, for the government of the ^°'^^^f Reguia- oo^ Force Q44 Cap. 54. Municipal Institutions. S 2 Vict. Force and for preventing neglect or abuse, and for rendering the force efficient in the discharge of all its duties. POLICE SUBJECT TO THE BOARD, &C. The Policemen 401. The Constables shall obey all the lawful direclions, the^Board.^"' '° and be subject to the government of the Board, and shall be charged with the special duties of preserving the peace, pro- ven ling robberies andotherfelonies and naisdemeanors, and appre- hending offenders, and shall have generally all the powers and privileges, and be liable to all the duties and responsibilities which belong by law to Constables duly appointed. REMUNERATION AND CONTINGENT EXPENSES. Duties of. 402. The Council shall fix and pay a reasonable remunera- Kemuperation ^^^^ f'"" ^^'^ ^^ ^^^ respective members of the Force, and and contingent shall provide and pay for all such offices, watch-houses, watch- expenses, boxes, arms, accoutrements, clothing and other necessaries as the Board may from time to time deem requisite and require for the accommodation and use of the Force. COURT HOUSES AND PRISONS. GAOLS AND COURT HOUSES. County Coun- 403. Every County Council may pass By-Laws for erecting, ByJbws'^for improving and repairing a Court House, Gaol, House of Cor- buildings. rection, and House of Industry, upon land being the properly of the Municipality, and shall preserve and keep the same in repair, and provide the food, fuel and other supplies required for the same. Gaols and 404. The Gaol, Court House and House of Correction to°bf coram™ °^ ^^^ County in which a Town or City, not separated for all to Counties and purposes from a County, is situate, shall also be the Gaol, Court Cities ; House and House of Correction of the Town or City ; and shall in the case of such a City continue to be so until the Council of the City otherwise directs ; and the Sheriff, Gaoler and Keeper of the Gaol and House of Correction shall receive and safely keep until duly discharged, all persons com- mitted thereto by any competent authority of the Town or City. Compensation 405. While a City or Town uses the Court House, ''"Uted'Sid'' Gaol or House of Correction of the County, the City or Town made. shall pay to the County such compensation therefor, and for the care and maintenance of prisoners, as may be mutually agreed upon or be settled by arbitration under this Act. wiien the 406. In Case after the lapse of five years from such corn- amount may be pensation having been so agreed upon, or awarded, or having been settled by Act of Parliament, and whether before or after the 1859. Municipal Institutions. Cap. 54. 545 the passing of this Act, it appears reasonable to the Governor in Council, upon the application of either party, that the amount of the compensation should be reconsidered, he may, by an Order in Council, direct that the then existing arrangement shall cease after a time named in the order, and after such time the Councils shall settle anew, by agreement or by arbitration un- der this Act, the amount to be paid from the time so named in the Order. 407. The Council of every City may erect, preserve, improve city Councils and provide for the proper keeping of a Court House, Gaol, ""^y erect House of Correction and House of Industry upon lands being Gaol,' House'of the property of the Municipality, and may pass By-Laws for Correction and all or any of such purposes. fZ^^ """' 408. In case of a separation of a Union of Counties, all Upon separa- rules and regulations, and all matters and things in any Act of co^'^^S'' *"'' Parliament for the regulation of or relating to Court Houses regulations to or Gaols in force at the time of the separation, shall extend to continue. the Court House and Gaol of the Junior County. X.0CK-UP-H0USES. 409. The Council of every County may establish a Lock-up- Lock-up-House or Lock-up-Houses within the County, and ^"tabusiiedb^ may establish and provide for the salary or fees to be paid to CoumyCoun- the Constable to be placed in charge of every such Lock-up- "'*• House, and may direct the payment of the salary out of the funds of the County. 410. Every Lock-up-House shall be placed in the charge a Constable to of a Constable specially appointed for that purpose, by ^L^^ge pf/" the Magistrates of the County at any General Quarter Sessions of the Peace therefor. 411. Any Justice of the Peace of the County may who liable to direct by warrant in writing under his hand and seal, wnfinementin, the confinement in a lock-up-house within his County, for a period not exceeding two days, of any person charged on oath with a criminal offence, whom it may be necessary to detain until examined and either dismissed or fully committed for trial to the Common Gaol, and until such person can be conveyed to such Gaol ; also the confinement in such Lock-up-House, not ex- ceeding twenty-four hours, of any person found in a public street or highway in a state of intoxication, or any person convicted of desecrating the Sabbath, and generally may commit to a Lock- up-House instead of to the Common Gaol or other house of Correc- tion, any person convicted on view of the Justice, or summarily convicted before any Justice or Justices of the Peace of any offence cognizable by him or them, and liable to imprisonment therefor under any Statute or Municipal By-law. 413. 646 Cap. 64. Municipal Institutions. 22 Vict. Expense of 413. The expense of conveying any prisoner to, and of Saining""'' '^^^P^°S him in a Loek-up-House shall be defrayed in prisoners. " the Same manner as the expense of conveying him to and keeping him in the Common Gaol of the County. Previous Lock- 413. Nothing herein contained shall affect any Loek- coMinur *° np-House heretofore lawfully established, but the same shall con- tinue to be a Lock-up-House as if established under this Act. Lock-up 414. The Council of every City, Town and Incorporated Vil- s°ns''Vnteneed ^^S^ ^^Ji ^7 By-laws, establish, maintain and regulate lock-up- to short impri- houses for the detention and imprisonment of persons sentenced sonraent. ^^ imprisonment for not more than ten days under any By-^law of the Council ; and of persons detained for examination on a charge of having committed any offence ; and of persons detain- ed for transmission to any Common Gaol or house of Correction either for trial or in the execution of any sentence. HOUSES OF INDUSTRY AND REFUGE. 41*5. The Council of every County may establish a House of Industry and House of Refuge, and provide by By-law for the erection and repair thereof, and for the appointment and duties of Inspectors, Keepers, Matrons and other servants for the superintendence, care and management of such House of Industry or of Refuge, and in like manner make rules and regu- lations (not repugnant to law) for the government of the same. 41©. Any two of Her Majesty's Justices of the Peace, or of the Inspectors appointed as aforesaid, may, by writing under their hands and seals, commit to the House of Industry or of Refuge, to be employed and governed according to the rules, regulations and orders of the House : 1. All poor and indigent persons who are incapable of sup- porting themselves ; 2. All persons without means of maintaining themselves and able of body to work and who refuse or neglect so to do ; 3. All persons leading a lewd, dissolute, or vagrant life, and exercising no ordinary calling, or lawful Wsiness sufficient to gain or procure an honest living ; Frequenters of 4. And all such as Spend their time and property in public Public Houses, houses, to the neglect of any lawful calling ; 5. And Idiots. County Coun- cils may erect and appoint Inspectors of Houses of Industry. Who liable to be committed thereto. Indigent. Idle. Lewd. Punishment oi 417. Every person committed to the House of Industry or of mates!""^^ '"" Refuge, if fit and able, shall be kept diligently employed at la- bour during his continuance there ; and in case any such person 1859. Municipal Institutions. Cap. 54. g47 person is idle and does not perform such reasonable task or labour as may be assigned, or is stubborn, disobedient or dis- orderly, such person shall be punished according to the rules and regulations of the House of Industry or of Refuge in that behalf. 418. The Inspectors shall keep an account of the inspectors to charges of erecting, keeping, upholding and maintaining the '^«ep and render House of Industry or of Refuge, and of all materials found and penses, &c. furnished therefor, together with the names of the persons receiv- ed into the House, as well as of those discharged therefrom, and also of the earnings, and such account shall be rendered to the County Council every year, or oftener when required by a By- law of the Council, and a copy thereof shall be presented to each Branch of the Legislature. WORK-HOUSES. 419. The Council of every City and Town may respectively pass By-laws : 1. For erecting and establishing within the City or Town, Work-houses or on such Industrial farm, or on any ground held by the xownTand corporation for public exhibitions, a work-house or house of Houses of Cor- correction, and for regulating the government thereof ; rection. 2. For committing or sending, with or without hard labour, Who liable to to the work-house or house of correction, or to the Industrial J'^eret?"'"^'' farm, by the Mayor, Recorder, Police Magistrate or two Justices of the Peace for the City or Town respectively, such des- cription of persons as may by the Council be deemed, and by By-law be declared expedient ; and such farm or ground held as aforesaid, shall, for the purposes in this .sub-section mention- ed, be deemed to be within the City or Town and the jurisdic- tion thereof. THE CARE OF GAOLS AND COURT HOUSES, &e. 4S0. The Sheriff shall have the care of the County Custody of Gaol, Gaol offices and yard, and Gaoler's apartments, and the g^°i^ ^"^^^^ appointment of the keepers thereof. 421. The County Council shall have the care of the Court County Coun- House and of all offices and rooms connected therewith, whether ^eepe^^ffec.' the same forms a separate building or is connected with the Gaol, and shall have the appointment of the keepers thereof; and shall from time to time provide all necessary and proper accommodation for the Courts of Justice other than the Division Courts and for all officers connected with such Courts. 422. In any City not being a separate County for all pur- city Gaols to poses, but having a Gaol or Court House separate from the ^^f^^J^^^^S' County ' 648 Cap. 54. Municipal Institutions. 22 Vict. County Gaol or Court House, the care of such City Gaol or Court House shall be regulated by the By-laws of the City Council. FALSE DECLARATIONS. Wiifiii false de- 433. The wllful and corrupt making of any false statement peiju'iy"* '° ^ ^'i ^^y declaration required or authorized by this Act, shall be a misdemeanor punishable as wilful and corrupt perjury. INTERPRETATION CLAl'SE. Interpretation of words. Municipality. Council. County, Township. Land, Real estate. Highway, roads, &c. Electors. Town Reeve. Next day. 494. Unless otherwise declared or indicated by the con- text, whenever any of the following words occur in this Act, the meanings hereinafter expressed, attach to the same, namely : 1. The word " Municipality " means any locality the inha- bitants of which are incorporated under this Act, but it does not mean a Police Village ; 2. The word " Council " means the Municipal Council or Provisional Municipal Council, as the case may be ; 3. The word " County " means County, Union of Counties or United Counties, or Provisional County, as the case may be; 4. The word " Township " means Township, Union of Townships or United Townships, as the case may be ; 5. The words " Land " " Lands," "Real Estate" "Real Pro- perty," respectively, include lands, tenements and hereditaments and all rights thereto and interests therein ; 6. The words " Highway," " Road " or " Bridge, " mean respectively a Public Highway, Road or Bridge ; 7. The word " Electors " means the persons entitled for the time being to vote at Municipal Elections in the Municipality, Ward, or Electoral Division or Police Village, as t/ie case may be ; 8. The term " Reeve " includes the Deputy Reeve when there is a Deputy Reeve for the Municipality ; 9. The words " next day " are not to apply to or include Sunday or Statutory Holidays. CONFIRMING AND SAVING CLAUSES. Exception. 49o So much of the Schedules in either of the Municipal Corporation Acts of 1849 and of 1850, as defined the limhs or boundaries of any Cities or Towns, being Schedule B of the Act of 1849, numbers two, three, four, six, seven, eight, nine, ten 1859. Municipal Institutions. Cap. 54, 55. (549 ten and eleven, and Schedule C of the same Act numbers one, two and three, and Schedule B of the Act of 1850, numbers one, five, twelve, thirteen, fourteen and fifteen ; And also so much of Schedule D of the said Acts of 1849 and Further excep- 1850, as relates to Amherstburg, and also so much of the two '*°''' hundred and third section of the said Act of 1849, and so much of any other sections of either of the said Acts relating to any of the Schedules thereof as have been acted upon or as are in force and remain to be acted upon at the time this Act takes effect, and all Proclamations, and special statutes by or under Acts formerly which Cities and other Municipalities have been erected, so [J;P^^'^^^'"°J°"- far as respects the contintiing of the same and the boundaries '""^ '"'"'^ thereof, shall continue in force. 496. All proceedings on behalf of or against any existing Pending pro- Municipal Corporation, or Police Trustees pending when this '^«='^''!"ss to Act taiies eft'ect, shall be continued under this Act, in the name in which the same are then pending. 4S7. All things lawfully done under former enactments Past transac- are confirmed, except any matter which has been, or within ''ons ™nfi'm- one year after tlie passing of this Act, may be made the subject of proceedings at law or in equity. 438. All offences, neglects, fines, penalties, moneys, debts and Previous other matters and things which immediately before this Act goes Jjes"&c'''^"^'" into effect might have been prosecuted, punished, enforced be prosecuted or recovered under any former Municipal Act, rnay be prose- ''"'^*"'°""^' cuted, punished, enforced or recovered under this Act, in the same manner, within the sa ne time, and in the same name, and by the same process and proceedings, as if the same respect- ively had been committed or incurred or had accrued or become due or payable immediately after the taking effect of this Act. CAP. L V. An Act respecting the Assessment of Property in Upper Canada. HER Majesty, by and with the advice and consent of the Legislative Council and Assembly ol Canada, enacts as follows : PRELIMINARY PROVISIONS. 1. This Act may be cited as" The Consolidated Assess- Short title. ment Act of Upper Canada." 16 V. c. 182, s. 93. 9. In this Act, the word " County," and the word " Town- interpretation, ship," include a Union of Counties or of Townships, as the case 650 Cap. 55. Assessment of Property. 22 Vict, Meaning of words lands, &c. Meaning of personal pro- perty. case may be, while such Unions continue. — The words " County Council," include " Provisional County Council,"— the word " Town," means " Incorporated Town," — and the word " Village," means " Incorporated Village," — the word " Ward," does not apply to a Township Ward,— and the words " Local Municipality," does not include Counties or United Counties, unless there is something in the subject or context requiring a different construction. 16 V. c. 182, s. 90. 5. The terms " Land," " Real Property," and " Real Es- tate," respectively, include all buildings or other things erected upon or affixed to the land, and all machinery or other things so fixed to any building as to form in law part of the realty, and all trees or underwood growing upon the land, and all mines, minerals, quarries and fossils in and under the same, except mines belonging to Her Majesty. 16 V. c. 182, s. 3. 4. The terms " Personal Estate " and " Personal Property" include all goods, chattels, shares in incorporated companies, money, notes, accounts and debts at their full value, and all other property, except land and real estate and real property as above defined, and except property herein expressly exempted. 16 V. c. 182, s. 3. «5. The term " property " includes both real and personal property as above defined. 16 V. c. 182, s. 3. 6. Unoccupied land owned by a person not resident and not having a legal domicile or place of business in the Township, Village, Town or City where the same is situate, or whose residence or domicile or place of business therein cannot, upon diligent enquiry by the assessor be found, and who has not sig- nified to the Assessor personally or in writing, that he owns such land and desires to be assessed therefor, shall be deno- minated " Lands of non-residents." 16 V. c. 182, s. 8. 7. The real estate of a Railroad Company, situated in a Municipality other than that where the office of the said Com- pany is held, is not to be considered land of non-residents. 16 V. c. 182, s. 8. 8. All municipal, local or direct taxes or rates, shall, when no other express provision has been made in this respect, be levied equally upon the whole reteable property, real and per- sonal, of the Municipality or other locality according to the assessed value of such property, and not upon any one or more kinds of property in particular or in different proportions. 16 V. c. 182, s. 13. PROPERTY LIABLE TO TAXATION^. What properly 9. All land and personal property in Upper Canada shall be UonaveSf-*' liable to taxation, subject to the following exemptions, that is empted. to say: 16 V. c. 182, s. 2. EXEMPTIONS. Meaning of property. Unoccupied land how de- signated. In the case of Kailroad Com- pany, &c. All taxes to be levied equally upon the rate- able property. 1859. Assessment of Property. Cap. 55. 651 EXEMPTIONS. 1. All property vested' in or held by Her Majesty or vested All property in any public body, or body corporate, officer or person in trust ^^""jl'J'Isf for Her Majesty, or for the public uses of the Province, and " ^^'''^ ^' also all property vested in or held by Her Majesty or any other person or body corporate in trust for or for the use of any Indian lands. tribe or body of Indians ; and either unoccupied or occupied by some person in an official capacity ; 2. When any property mentioned in the preceding sub- Unless oocu- section number one is occupied by any person otherwise P"^''- than in an official capacity, the occupant shall be assessed in respect thereof, but the property itself shall not be liable ; 16 V. c. 182, ss. 2, 6. 3. Every place of worship, church-yard or burying ground ; Places of wor- ship, fee. 4. The real estate of every University, College, incorporated School lands. Grammar School, or other incorporated Seminary of learning, whether vested in a Trustee or otherwise, so long as such real estate is actually used and occupied by such Institution, but not if otherwise occupied or if unoccupied ; 5. Eveiy Public School Plouse, Town or City Hall, Court School House, House, Gaol, House of Correction, Lock-up-House, and public CiiyHali,&c. Hospital with the land attached thereto, and the personal property belonging to each of them ; 6. Every Public Road and Way or Public Square ; FuUic squares. 7. The property belonging to any County, City, Town, Municipal pro- Township or Village, whethej occupied for the purpose, ^*^'^'^" thereof, or unoccupied ; 8. The Provincial Penitentiary, and the land attached Provincial Pe- ,, •' ' nitentiary. thereto ; 9. Every Industrial Farm, Poor House, Alms House Houses, &c.. House of Industry, and Lunatic Asylum, and every house belong- "a^nthropio par- ing to a Company for the reformation of offenders, and the real poses. and personal property belonging to or connected with the same ; 10. The property of every Public Library, Mechanics' Insti- Scientific In- tute, and other public, literary or scientific institution, arid of s^u'ionS' every Agricultural Society ; 11. The personal property and official income of the Gover- Personal pro- nor of the Province ; tohk) ° 12. The full or half pay of any one in any of Her imperial saia- Maiestv's Naval or Military services, or any pension, salary or "^^^ pensions, ■* ^ other 0.5 2 Cap. 55. Assessment of Property, Vict. or gratuities, Other gratuity or stipend derived by any person from Her pertv"of'offlcers Majesty's Imperial Treasury or elsewhere out of this Province, oil iuii pay. and the personal property of any person in such Naval or Military services on full pay, or otherwise in actual service ; Pensions under $200. Income of Farmers. 13. All pensions under two hundred dollars a year payable out of the public moneys of this Province ; 14. The income of a farmer derived from his farm, and the crops the produce thereof for the current year ; Personal pro- 1 5. So much of the personal property of any person as is by'^mort^a'e' Secured by a mortgage upon land, or is due to him on account of the sale of land, the fee or freehold of which is vested in him ; Bank stock. 16. The stock held by any person in any Chartered Bank so long as there is a special tax upon bank issues ; Railroad stock. 1'7. The stock held by any person in any Railroad Company ; 18. All property, stocks and other securities which any Stock owned out of the Pro- vince. party may own out of this Province Personal pro- 19. So much of the personal property of any person as is equal of deVts dlTe"™' ^o th^ just debts owed by him, except such debts as are secured by mortgage upon his real estate, or may be unpaid on account of the purchase money therefor ; 20. The nett personal pniperty of any person, provided the same be under one hundred dollars in value ; Personalty un- der $100. Minister's sa- lary under $1200. Household effects, books, ikc. How rates to be e^timated. 21. The stipend or salary of any Minister of Religion frotu whatever source derived, as long as the same does not exceed one thousand two hundred dollars annually : 22. Household effects 182, s. 6. books and wearing apparel. 16 V. JEstimates to be made. 10. In Counties and Townships the rates shall be calcu- lated at so much in the dollar upon the actual value of all the real and personal property liable to assessment therein, and in Cities, Towns and Villages, at so much in the dollar upon the yearly value of all real and personal property liable to assess- ment therein. 16 V. c. 182, s. 31. The end. 11. The Council of every Municipality shall every year make estimates of all sums which may be required for the lawful purposes of the County, City, Town, Township, or Village for the year in which such sums are required to be levied, each local Municipality making due allowance for the cost of collection and for the abatements and losses which may occur in the collection of the tax, and for taxes on the lands of non-iesidents 1859. Assessment of Property. Cap. 55. 65^ non-residents which may not be collected. 16 V. c. 182, s. 31. 12. The Council of every Municipality may pass one By- By-iaw» for law or several By-laws authorizing the levying and collecting raising money of a rate or rates of so much in the dollar upon the assessed value ^ ™'®' of the property therein, as the Council deem sufficient to raise the sums required on such estimates. 16 V. c. 182, s. 31. 13. If the amount collected falls short of the sums so required, if the amount the Council may direct the deficiency to be made up from any collected falls unappropriated fund belonging to the Municipality. 16 V. c. 182, s. 31. 14. If there be no unappropriated fund, the deficiency may Estimates to be be equally deducted from the sums estimated as required, or "^ "jf^f ®'' ff°" from any one or more of them. 16 V. c. 182, s. 31. 15. If the sums collected exceed the estimates, the balance if sums coUect- shall form part of the General Fund of the Municipality, and ed exceed esti- be at the disposal of the Council, unless otherwise specially ^n'le to be part appropriated ; but if any portion of the amount has been collect- ofth? General V.'^ ^ ' J, ■ 1 <. .• 1 1 !■* • Fund, and to be ed on account oi a special tax upon any particular locality m at the disposal the Municipality, no less a sum shall be appropriated to the of tiie Council, special local object than has been collected. 16 V. c. 182, s. 31. 16. The taxes or rates levied or imposed forany year shall be Yearly taxes to considered to have been imposed for the then current year com- ^^„^°j™f j^^^'' .mencing with the first day of January, and ending with the thirty- Jary, unless ' first day of December, unless otherwise expressly provided for otherwise or- by the enactment or By-law under which the same are directed to be levied. 16 V. c. 182, s. 14. ASSESSORS AND COLLECTORS. 17. The Council of every Municipality, except Counties, One or more shall annually appoint such number of Assessors and Collect- ^a^ppoimSi'!^ ors for the Municipality as they deem necessary. 16 V. c. 182, s. 15. 18. And may appoint and assign to each Assessor and Townships or Collector the Assessment District or Districts therein, within ^''''^^XTJ'^' which he shall act, and may prescribe regulations tor governing divided mtoAs- the Assessors in the performance of their duties. 16 V. c. 182, ^\^^™™'°'''- s. 16. HOW ASSESSMENTS TO BE PROCEEDED WITH. 19. The Assessor or Assessors shall prepare an Assessment Assessment- Roll, in which, aftsr diligent enquiry, he or they shall set down RoUtobepre- according to the best information to be had : contents'^ &c"' 654 ^^P- ®^- Assessment of Properly. 22 Vict. 1. The names and surnames in full, if the same can be as- certained, of all taxable persons resident in the Municipality who have taxable property therein, or in the District for which such Assessor or Assessors has or have been respectively ap- pointed ; 2. And of all non-resident Freeholders who have either in person or in writing, required the Assessor to enter their names and the land owned by them in the Roll ; and 3. The description and extent or amount of property asses- sable against each ; 4. And such particulars in separate columns as follows : Column 1, — Name of taxable party ; Column 2, — Number of Concession, Street, Square, or other designation of the local division in which the real property lies ; Column 3, — Number of Lot, House, &c., in such division ; Column 4, — Number of Acres, or other measures, shewing the extent of the property ; Column 5, — (applying only to Cities, Towns and Villages) — Rental of each separate parcel of real property ; Column 6, — (applying only to Cities, Towns and Villages) — Yearly value of each separate parcel, when the rental is not assessed ; Column 7, — (applying only to Townships) — Actual value of each separate parcel ; Column 8, — Actual value [or yearly value) of all the real pro- perty of the party assessed ; Column 9, — Amount of taxable income ; Column 10, — Total value of personal property ; Column 11, — (applying only to Cities, Towns and Villages)— Yearly value of ihe same. 16 V. c. 182, s. 17 Land to be 20. Land shall be assessed in the local Municipality or Ward MM?dpaKty''or ™ which the same lies, and this shall include the land of Incor- Ward. porated Companies as well as other land. 16 V. c. 182, s. 7. Land to be as- g | . Land Occupied by the owner shall be assessed in his sessed in own- ^<3^^ lom rt er'sname. name. 16 V. c. 182, s. 7. Ifland not oc- 33. As to land not occupied by the owner, but of which the owner ^lai'^ owncr is known, and who, at the time of the Assessment being made, resides or has a legal domicile or place of business in the Township, 1859. Assessment of Property. Cap. 55. ^55 Township, Village, Town or City, or who has signified person- owner is nally or by writing to the Assessor that he owns the land and •'"own. desires to be assessed therefor, the same shall be assessed against such owner alone if the land is unoccupied, or against the owner and occupant if such occupant be any other person than the owner. 16 V. c. 182, s. 7. SS?. If the owner of the land be not resident, or be unknown, ^ owner non- and has not requested to be assessed therefor in the manner in resident and . the last section mentioned, then if the land is occupied, it shall ""'^"°'^'"- be assessed in Ihe name of and against the occupant, but if the land be not occupied, then it shall be assessed as land of a non- resident. 16 V. 0. 182, s. 7. S4. When the land is assessed against both the owner and ifiand assessed occupant, the assessor shall on the Roll add to the name of the against owner 1 1 tt SI 1 1 r 1 1 and occupant, owner the word " owner," and to the name oi the occupant the taxes may be word " occupant," and the taxes may be recovered from either recovered from - ^ , ' •' ... any future or irom any luture owner or occupant, saving his recourse owner or oc- against any other person. 16 V. c. 183, s. 7. cupant. occu- 95. When land is owmed or occupied by more persons than ifiand one, and all their names are known to the Assessor, they shall be P'^d ^Y niore assessed therefor, but if the names of all are not so known, those one. of them whose names are known shall be assessed for the whole, saving their recourse against the others and the names of all known owners and occupants shall be mentioned. 16 V. c. 182, s. 7. 36. Any occupant may deduct from his rent any taxes when tenants paid bv him. if the same could also have 'been recovered may deduct f. , •' ',,, •! ii. taxes from rent. from the owner, unless there be a special agreement between the occupant and the owner to the contrary. 16 V. c. 182, s. 7. 97. The Assessor shall write opposite the name of any non- Assessor to note resident Freeholder who requires his name to be entered on the non-residents if Roll, the word " non-resident," and the address of such Free- ^^'^""^ ■ holder. 16. V. c. 182, s. 17. 98. Real property shall be estimated at its full value as it Real property would be appraised in payment of a just debt from a solvent ^° f^u^yaJ^f ^^ debtor, and the yearly value of real property in Cities, Towns and Villages, shall be the real rack rent for each separate tene- ment, unless such rent is less than six per cent on the full and real value thereof ; in which case the property shall be assessed at the full yearly value calculated at six per cent, upon the real value. 16 V. c. 183, s. 12. 99. If more than one quarter of an acre of land be attached Whatshaiibe to any house or building forming a separate tenement, the fa^andlX"' overplus shall be held to be vacant ground, and six per cent its value sbaii on the full actual value thereof, to be estimated by the Assessors, J'^ culer^&c! shall be deemed its yearly value. 16 V. c. 182, s. 12. 30. g56 Cap. 65. Assessment of Property. 22 Vict, RaiiwHycom- 3®. Every Railway Company shall annually transmit, to nUt annuar"^' the Clerk of every Municipality in which any part of the road statements des- or Other real property of the Company is situate, a statement t^eit^v^Xml-^ describing the value of all the real property of the Company perty to Clerk Other than the roadway, and also the actual value of the land t'^-'^nd'shSi'' occupied by the road in the Municipality, according to the be 'notified of average value of land in the locality, and the Clerk shall com- *''t^l".°u"'" ^' municate the same to the Assessor ; and the Assessor shall whicli they are , , . . , ' . a? ,- , assessed. deliver at or transmit by post to any station or othce of the Company, a notice of the total amount at which he has as- sessed the real property of the Company, in his Municipality or Ward, distinguishing the value of the land occupied by the road, and the value of the other real property of the Company ; and the statement shall be held to be the statement required by the forty-fourth section, and the notice shall be held to be the notice required by the forty-eighth section of this Act. 16 V. c. 182, s. 21. Landofnon- 31. As regards the lands of non-residents, who have not to^be^desisnat- squired their names to be entered by the Assessor, the Asses- edanddescri- sors shall proceed as follows : bed on the As- 1. They shall insert such land in the Roll, separated from the other assessments, and shall head the same as "Non-residents Land Assessments ;" 2. If the land be not known to be sub-divided into lots, it shall be designated by its boundaries or other intelligible des- cription ; 3. If it be known to be sub-divided into lots, or be part of a tract known to be so sub-divided, the Assessors shall designate the whole tract in the manner prescribed with regard to undi- vided tracts, and if they can obtain correct information of the sub-divisions, they shall put down in the Roll, and in a first column, all the unoccupied lots, by their numbers and names alone and without the names of the owners, beginning at the lowest number and proceeding in numerical order to the highest, in a second column, and opposite to the number of each lot, they shall set down the quantity of land therein liable to taxation ; in a third column, and opposite to the quantity, they shall set down the value of such quantity, and if such quantity be a full lot, it shall be sufficiently designated as such by its name or number, but if it be part of a lot, the part shall be designated by boundaries, or in some other way by which it may be known. 16 V. c. Ib2, s. 22. MANNER OF ASSESSING PERSONAL PROPERTY. Yearly value of 3S. The yearly value of personal property in Cities, Towns S"""^ '" and Villages shall be taken to be six per cent, on its actual value, 16 V. c. 182, s, 12, 33. 1&59. Assessment of Property. Cap. 55. 557 33. If the nett value of the personal property of any person is Assessment equal to any of the sums set down in the first column of the ^''^^^ ""' P^"" following scales, but is not equal to the larger sum set opposite '"""' P'^P^^'y- to it in the second column, he shall be assessed for the smaller sum only — $100 or more, but under $200 $200 do. do. $400 $400 do. do. $1,000 $1,000 do. do. $2,000 $2,000 do. do. $4,000 $4,000 do. do. $10,000 ;/ $10,000 do. do. $20,000 $-20,000 do. do. $40,000 $40,000 do. do. $60,000 $60,000 do. do. $80,000 and so forward, the sums thenceforth increasing by $20,000. 16 V. c. 182, s. 4. 34. No person deriving an income exceeding two hundred How peraons dollars per annum from any trade, calling, office or profession, derivingin- shall be assessed for a less sum as the amount of his nett per- trade or°pro^°^ sonal property than the amount of such income during the fesion shall be year then last, but such last year's income shall be held to be ^^^^*^^''' his nett personal property, unless he has other personal pro- perty to a greater amount. 16 V. c. 182, s. 5. 33. The personal property of an Incorporated Company shall ^lovr the pro- not be assessed against the Corporation, but each Shareholder perty of Corpo- shall be assessed for the value of the stock or shares held by assess^ d^*"^" ^^ him, as part of his personal property, unless such stock is ex- empted by this Act. 16 V. c. 182, s. 9. 36. The personal property of a partnership shall be assessed Personal pro- against the firm at the usual place of business of the partnership, nershiplhT' and apartnerin his individual capacity shall not be assessable for and M'here to his share of any personal property of the partnership which has ^' "^^s^^sed. already been assessed against the firm. 16 V. c. 182, s. 10. 37. If a partnership has more than one place of business. As to partner- each branch shall be assessed, as far as may be, in the locality ^^'^l)^™f .... c 1 . c 1 1 r ^^°^^ 'han one where Jt is situate, lor that portion 01 the personal property 01 business loea- the partnership which belongs to that particular branch ; and ''V- if this cannot be done, the partnership may elect at which of its places of business it will be assessed for the whole personal property, and shall be required to produce a certificate at each of the otherplaces of business, of the amount of personal property assessed against it elsewhere. 16 V. c. 182, s. 10. 38. Every person having a Farm, Shop, Factory, Office or where parties other place of business, where he carries on a trade, profession carrying on or calling, shall, for all personal property owned by him, ^Jness'^hau' (wheresoever situate,) be assessed in the Township, Village be assessed for pp or 638 Cap. 55. Assessment of Property. 22 Vict. personal pro- or Ward where he has such place of business at the time when s«"''y- the assessment is made. 16 V. c. 182, s. 11. If the party has 39. If he has two or more such places of business in diffe- twoormore j.gjj{ Municipalities or Wards, he shall be assessed at each j»laees uf busi- » , ^ . , . ', , .1.1, ■mess. lor that portion oi his personal property connected with the business carried on thereat, or if this cannot be done, he shall be assessed for part of his personal property at one and part at another of his places of business, or for all his personal property at one such place at his discretion, but he shall in all such cases produce a certij&eate at each place of business of the amount of personal property assessed against him elscAvhere. 16 Y. c. 182, s. 11. iftbe party has 40. If any person has no place of business he shall be as- mo place of bu- sessed at his place of residence. 16 V. c. 182, s. 11. Stt case ofcxe- 41. Personal property in the sole possession or under the sole «utors, &c. control of any person as trustee, guardian, executor or adminis- trator, shall be assessed against such person alone. 16 V. c. 182, s. 11. Separate as- 4S. In case of personal property owned or possessed by or s^siuent of ^ under the control of more than one person resident in the Muni- possessors. ' cipality or Ward, each shall be assessed for his share only, or if they hold in a representative character, then each shall be assessed for an equal portion only. 16 V. c. 182, s. 11. Parties assessed 43. When a person is assessed as Trustee, Guardian, Exe- as Trustees, cutor or Administrator, he shall be assessed as such with the •&C., to have , , . . , . c i ■ • i i i «heir represent- addition to his name 01 his representative character, and such '^it^^h^d't^'''^'^ assessment shall be carried out in a separate line from his indi- taeir names. vidual assessment, and he shall be assessed for the value of the real and personal estate held by him, whether in his individual name or in conjunction with others in such representative character, at the full value thereof, or for the proper proportion thereof, if others resident within the same Municipality, be joined with him in such representative character. 16 V. c. 182, s. 20. Particii 44. It shall be the duty of every person assessable in any ^i^'oHncOT^'e Local Municipality, to give all necessary information to the ao be delivered Asscssors, and if required by the Assessor or by one of the 4o assessors m Assessors if there be more than one, he shall deliver to him a 'Writing: by the . . . . ^ ' / , i . .j* jrariies to be Statement m writing, signed by such person (or by his agent, it the person himself be absent), containing all the particulars respecting the property or income assessable against such persou which are required in the Assessment Roll ; and if any reason- able doubt be entertained by the Assessor of the correctness of any information given by the party applied to, the Assessor shall require from him such written statement. 16 V. c. 182, s. 18. 45. 'ias»t;ssecl. 1859. Assessment of Property. Cap. 55. g^Q 45. No such statement shall bind the Assessor, nor excuse Statemenis him from making due enquiry to ascertain its correctness ; and fi|.7^o^^b''d^' notwithstanding the statement, the Assessor may assess such ing on asses- person for such amount of property or income as he believes ^™*- to be just and correct, and may omit his name or any property which he claims to own or occupy, if the Assessor has reason to believe that he is not entitled to be placed on the Roll, or to be assessed for such property. 16 V. c. 182, s. 18. 4®. In case any person fails to deliver to the Assessor the penalty ibr not written statement mentioned in the preceding section when giving state- required so to do, such person shall forfeit to the Corporation '"™'" of the Local Municipality the sum of twenty dollars to be recovered as a debt due to such Corporation. 16 V. c. 182, s. 18. 47. In case any person knowingly states any thing falsely Penalty on in the written statement required to be made as aforesaid, paries making he may be summarily convicted thereof before any Justice ofments."^" the Peace having jurisdiction within the locality, and shall be liable to a fine of not more than twenty dollars. 16 V. c. 182, s. 19. 48. Every Assessor, before the completion of his Roll, Assessors to shall leave for every parly named thereon and resident or give notice to domiciled or having a place of business within the City, Town, va!ue\°'wii1eh Village or Township, and shall transmit by post to every non- ihe'r properties resident named thereon, a notice of the actual or yearly value "^ "^'^^^ • at which his real property, and of the sum at which his personal property or income, has been assessed. 16 V. c. 182, s. 23. 49. The Assessors shall make and complete their Rolls in At what time every year between the first day of February and such day, not the assessment later than the first day of May, as the Council of the Munici- oompteted.^ pality appoints, and shall attach thereto a certificate signed by them respectively, and verified upon oath or affirmation, in the form following : " I do certify that I have set down in the above Assessment Certifieateto " Roll, all the real property liable to taxation, situate in the ^'''aiiachedto " Township, (Village or Ward of , as the caxe " maij be) and ^.he true actual (or yearly) value thereof, in each " case, according to the best of my information and judgment ; " and also that the said Assessment Roll contains a true state- " ment of the aggregate amount of the personal property of " every party named in the said Roll ; and that I have estimated " the same according to the best of my information and belief ; " and I further certify that I have entered therein the names of " all the resident householders and freeholders, and of all other " freeholders who have required their names to be entered " thereon, with the true amount of property occupied or owned *' by each, and that 1 have not entered the name of any person pp2 " whom '660 ^^P- ^^- Assessment of Property. 22 Vict. " whom I do not truly believe to be a householder or freeholder, " or the bond fide occupier or owner of the property set down " opposite his name for his own use and benefit." 16 V. c, 182, s. 24,-18 V. c. 21, s. 2. Assessment 5©. Every Assessor shall deliver to the Clerk of the Muniei- li^CTKUp'fo Polity ^^^- Assessment Roll completed and added up, with the Clerk of Muni- certificates and affidavits attached ; and the Clerk shall there- cipaiity. upon make a copy of every such Roll, arranged in the alpha- betical order of the surnames, and shall cause such copy to be put up. in a convenient and public place in the Municipality or Ward, and to be maintained there until after the meeting of the Court of Revision. 16 V. c. 182, s. 25. COURT OF REVISION. Court of Revi- 51. If the Council of the Municipality consists of not more f'°'''?'^5?J"'"' than five members, such five members shall be the Court of ContaiH o Mem- .. - ' ,, -^tt tr^r^ nn bersoniy. Revision tor the Municipality. 16 V. c. 182, s. 26. If ihe Council 52. If the Council consists of more than five members, such consists of more Council shall appoint five of its members to be the Court of "'*"^- Revision. 16 V. c. 182, s. 26. Three to be a 5S. Three members of the Court of Revision shall be a quorum. quorum, and a majority of a quorum may decide all questions before the Court. 16 V. c. 182, s. 26. The Clerk— 54. The Clerk of the Municipality shall be Clerk of the whotobe Qoyrt_ 16 V. c. 182, s. 30. Court may 55. The Court may meet and adjourn, from time to time, meet and ad- g^^. pleasure, or mav be summoned to meet at any time by the iournfrom tune r „ , ' •- . •'. ,. ^ „ -rr - , „„ •' ■' to time at Head of the Municipality. 16 V. c. 182, s. 30. pleasure. TheCourtmay 56. The Court or any member thereof may administer an administer oath to any party or witness, and may issue a Summons to any witness to attend such Court. 16 V. c. 182, s. 30. Penalty on wit- 57. If any witness so summoned fails to attend (havingbeen fiKe^oTt^encr' tendered compensation for his time at the rate of fifty cents a day), he shall incur a penalty not exceeding twenty dollars, to be recoverable, with costs, by and to the use of the Munici- pality, in any way in which penalties incurred under any By-law thereof may be recovered. 16 V. c. 182, s. 30. The Court to 58. At the times or time appointed, the Court shall Tvron°3'*as-°'^™^^'- ^'^'^ ^^ ^ complaints in regard to persons being sessment, &c. wroiigfuUy placed upon or omitted from the Roll, or being assessed at too high or too low a sum. 16 V. c. 182, s. 26. The Court to 59. All the duties of the Court of Revision which relate to finish its busi-. jjjg matters aforesaid, shall be completed and the Rolls finally revised 1859 Assessment of Property. Cap. 53. 661 revised by the Court before the first day of June in every year, ness by the 1st 16 V. c. 182, s. 30. J""'^' 60. The proceedings for the trial of complaints shall be as course of pro- follows : ceeding in the trial of com- 1. Any person complaining of an error or omission in regard P'*'"''^' to himself, as having been wrongfully inserted on or omitted from the Roll, or as having been undercharged or overcharged by the Assessor in. the Roil, may, personally or by his Agent, within fourteen days after the time fixed for the return of the Roll, give notice in writing to the Clerk of the Municipality that he considers himself aggrieved for any or all of the causes aforesaid. 16 V. c. 182, s. 26. 2. If a Municipal elector, thinks that any person has been if an elector assessed too low or too high, or has been wrongfully inserted ^'"^^ ^ person on or omitted from the Roll, the Clerk shall, on his request in seeattooiowor writing, give notice to such person and to the Assessor, of the too high a rate. time when the matter will be tried by the Court, and the matter shall be decided in the same manner as complaints by a person assessed. 16 V. c. 182, s. 26. 3. The Clerk of the Court shall post up in some conve- cierk to give nient and public place within the Municipality or Ward, a list """i^e. of all complainants on their own behalf against the Assessor's return, and of all complainants on account of the assessment of other persons, (stating the names of each) with a concise des- cription of the matter complained against, together with an announcement of the time when the Court will be held to hear the complaints ; 16 V. c. 182, s. 26. 4. Such list may be in the form following : Appeals to be heard at the Court of Revision, to be held at Form. , on the day of , 18 . Appellant. Respecting whom. Matter complained of. A. B. Self. Overcharged on land. C. D. E. F. Name omitted. G. H. I. K. Not bond fide occupant. L. M. N. 0. Personal property under- charged. &c. &c. &c. 16 V. c. 18^, s. 26. Schedule B 662 Cap. 55. Assessment of Property. 22 Vict. The Clerk to advertise. 5. The Clerk shall also advertise in some newspaper publish- ed in the City, Town, Village or Township, or if there be no such paper then in some newspaper published at the nearest place in the County at which one is published, the time at which the Court will hold its first sitting for the year ; 16 V. c. 182, s. 26. 6. The Clerk shall also cause to be left at the residence of To leave a list sessor ^ ^" each Assessor a list of all the complaints respecting his Roll ; 16 V. c. 182, s. 26. To prepare notice. Form. 7. The Clerk shall prepare a notice in the form following for each person with respect to whom a complaint has been made : 16 V. c. 182, s. 26. Schedule C. Talce notice that you are required to attend the 'Court of Revision at , on the day of , in the matter of the following appeal : Appellant. Stibject To J. K. . (G. H.) (that you are not a bond fide occupant.) (Signed,) X. Y. Township Clerk, (or as the case may be.) Sei-vice to be at 8. If the person resides or has a place of business in the residence. Local Municipality, the Clerk shall cause the notice to be left at the person's residence or place of business ; 16 V. c. 182, s. 26. In case of ab- 9. Or if the person be not known or be not resident in the Muni- sentces, how cipality, then to be left with some grown person on the pre- mises assessed, or to be addressed to such person through the Post Office ; 16 V. c. 182, s. 26. Service to be 6 10- Every uotice hereby required, whether by publication, days. advertisement, letter or otherwise, shall be completed at least six days before the sitting of the Court ; 16 V. c. 182, s. 26. Appearance and declaration ol persons deeming them- selves, or any person for ■whom they act overcharged. 11. If the party assessed complains in person or by his agent of an overcharge on his personal property, he, or his agent, may appear before the Court, and make a declaration in the form following : " I, A. B., do solemnly declare that the true value of all the " personal property (or income) assessable against me, (or " against me as Trustee, Guardian, Executor, &c., or against I 1859. Assessment of Property. Cap. 55. ggg ,(■' I;. " C. D., for whom I am agent, {as the case may he,) after de- |, " ducting the just debts due by me (as such Trustee, Stc, or I " by C. D.) does not, to the best of my knowledge and belief I " exceed the sum of dollars, (rmcZz/ I " the declaration is made by an agent, add :) And that I have " the means of knowing, and do know the extent and value of . " the personal property assessable against C. D." IC V- c. 182, s. 27. And the Court shall thereupon enter the person assessed at such an amount of personal property or income as is specified in the declaration, and no more ; and if any party makes a wilfully false statement in any such declaration, he shall be guilty of a misdemeanor, and shall be punished as for perjury ; 12. lif other cases the Court after hearing upon oath the in other casea. complainant and the Assessor or Assessors and any witness ^''^ ^"V^ '". adduced by or on behalf of either of them, shall determine the " ^''™"^' ^ matter and confirm or amend the Roll accordingly ; 16 V. c. 182, s. 2G. 13. If either party fails to appear either in person or by an When lo pro- agent, the Court may proceed ex parte. 16 V. c. 182, s. 26. eeed ex ^anr. 6 1 . The Roll as finally passed by the Court, and certified by the The roll as «- Clerk as so passed, shall be valid and bind all parties concerned, "?">" passed i*. notwithstanding any defect or error committed in or with '" ^ parties- regard to such Roll, except in so far as the same may be further amended on appeal to the Judge of the County Court. 16 V. c. 182, s. 26. 62. The Court shall also, before or after the first day of Further pow«ss- June, and "with or without any notice, receive and decide f™"^^'^}?, . ^ , r, . . r 1 <■ Court of Kcvj- upon the retition from any person assessed for a tene- sion. ment which has remained vacant during more than three months in the year for which the assessment has been made, or from any person who declares himself from sickness or extreme poverty unable to pay the taxes, orM'ho by reason of any gross and manifest error in the Roll as finally passed by the Court, has been overcharged more than twenty-five per cent, on the sum he ought to have been charged, and the Court may, subject to the provisions of any By-law in this be- half, remit or reduce the taxes due by any such person, or reject the Petition ; and the Council of any Local Municipality may, from time to time, make such By-laws and repeal or amend the same. 1., V. e. 182, s. 29. APPEAL FROM THE COURT OF REVISION. 63. If a person be dissatisfied with the decision of the parties dissaiia-.. Court of Revision, he may appeal therefrom, in which case — fiedwithdeci- "^ ' sion of Court of 1. 664 Assessment of Property. 22 Vict. Revision may appeal to Judge ol' County Court, and in "What manner and on what terms. 1. He shall within three days after the decision, in person or by Attorney or Agent, serve upon the Clerlt a written notice of his intention to appeal to the Judge of the County Court ; 22 V. c. 82, s. 4, No . 3. 2. The Clerk shall thereupon give notice to all the parties appealed against in the same manner as is provided for notice of complaints by the sixtieth section of this Act ; 3. The party appealing shall, at the same time and in like manner, give a written notice of his appeal to the Clerk of the Division Court for the Division wilhin the limits of which the Municipality is situated, and shall deposit with him the sum of two dollars for each party appealed against as security for the costs of the appeal ; 22 V. c. 82, s. 4, No. 3, at the end. 4. The Judge shall appoint a day for hearing the appeal; 5. The Clerk of the Division Court shall cause a conspicuous notice to be posted up at the place where the Division Court is held, containing the names of all the appellants and the parties appealed against, ranged under the several Municipalities, if there be more than one Municipality in the Division, together with the date at which a Court will be held to hear the appeal; Assessment Roll to be pro- duced to the Court Gf Revi- And amended according" to the decision of the Judge. Amendments how certiiied. 6. At the Court so holden, the Judge shall hear the ap- peals, and may adjourn the hearing from time to time and defer the judgment thereon at his pleasure, so that a return can be made to the Clerk of the Municipality before the fifteenth day of July. 22 V. c. 82, s. 4, No. 3. 64. At the Court so holden, the Clerk of the Municipality, or other person having the charge of the Assessment-Roll passed by the Court of Revision, shall appear and produce such Roll, and also all papers and writings in his custody, connected with the matter of appeal ; and when such Roll is so produced in Court, the same shall be altered and amended according to the decision of the Judge (if then given) who shall write his initials against any part of the said list in which any mistake, error or omission is corrected or supplied, or if the said Roll be not then produced, or the decision be not then given by the Judge, or if so ordered by the Judge, such decision and judg- ment shall be certified by the Division Court Clerk to the Clerk of the Municipality, who shall forthwith, alter and amend the Roll according to the same, and shall write his name against every such alteration or correction. County Judge ®^- f^ ^^^ proceedings before the County Judge, or acting to have power Judge of the County Court, under or for the purposes of this oath^''&c"'' °" Act, such Judge shall possess all such powers for compelling the attendance of, and for the examination on oath of all par- ties whether claiming or objecting, or objected to, and all other persons 1859. Assessment of Properly. Cap. 55. QQ5 persons whatsoever, and for the production of books, papers, rolls and docaments, and for the enforcement of his orders, decisions and judgments, as belong to or might be exercised by him, either in term time or vacation in the County Court, in relation to any matter or suit depending in the said Court. 66. The cost of any proceeding before the County Judge as Costs to be ap- aforesaid, shall be paid by, or apportioned between the parties portioned H in such manner as the Judge shall think fit, and costs ordered how enforced. to be paid by any party claiming or objecting, or objected to, or by any Assessor, Clerk of a Municipality or other person, may be enforced by execution from the Division Court in the same manner as upon an ordinary judgment recovered in such Court. 20 V. c. 82, s. 4, No. 3. 67. The costs shall be taxed according to the schedule of fees By what scale under the Division Courts Act as insults for the recovery of sums exceeding' forty and not exceeding sixty dollars in the said Courts. 16 V. c. 182, s. 28. oi'lees costs to be taxed. 68. The decision and Judgment of the Judge or acting The decision of Judge shall be final and conclusive in every case adjudicated f°^"^I ^?'^^'^ upon, and the Clerk of the 'Municipality shall amend the Rolls accordingly. 22 V. c. 82, s. 4, No. 3,-16 V. c. 182, s. 28. 69. When after the appeal provided by the last sec- copy of roil to tion of this Act, the Assessment Roll has been finally revised be transmitted and corrected, the Clerk of the Municipality shall without delay cierk™ ^ transmit to the County Clerk a certified copy thereof. 16 V. c. 182, s. 25. COUNTY COUNCIL. 70. The Council of every County shall yearly, before im- Assessment posing any County rate, and notlater than the First day of July, ™|[,p4 gfJuaiiy exattiine the Assessment Rolls of the different Townships, by Municipal Towns and Villages in the County, for the preceding financial county lor'the year, forthe purpose of ascertaining whether the valuation made purpose of by the Assessors in each Township, Town or Village for the ^^l^^^^^^i^tle current year, bears a just relation to the valuation so made in different Muni- all such Townships, Towns and Villages, and may, for the pur- cipaiities. pose of County rates, increase or decrease the aggregate valua- tions of real property in any Township, Town or Village, adding or deducting so much per cent as may in their opinion be necessary to produce a just relation between all the valua- tions of real estate in the County, but they shall not reduce the aggregate valuation thereof for the whole County as made by the Assessors. 16 V. c. 182, s. 32. 71. If the Clerk of any, Municipality has neglected to trans- ifcierkof any niit a certified cody of the Assessment Rolls, such neglect shall Mnnicipaiiiy iiiii a wcxiiiii-u v/wj^j , o omits sendmff not prevent the County Council from equahzmg the valuations copy of roll. in the several Municipalities according to the best information obtainable, QQQ Cap. 55. Assessment of Property. 22 Vict. obtainable, and any rate imposed according to the equalized Assessment shall be as valid as if all the Assessment Rolls had been transmitted. 16 V. 182, s. 32. The apportion- 72. The Couticil ot' a County in apportioning a County ratetobebasS ^^^^ among the different Townships, Towns and Villages upon the as- within the County, shall, in order that the same may be as- ofpTO-edi'nf'' sessed equally on the whole rateable property of the County, year. make the amount of property returned on the Assessment Rolls of such Townships, Towns and Villages as finally re- vised and equalized for the preceding year, the basis upon which the apportionment is made. 16 V. c. 182, s. 33. Apportionment 73. In making the apportionment between Townships fin thereof as be- i • . . Vl iU » i . r * tweentown- which ratcs are assessabfe on the actual value oi property,) ships and and Towns and Villages (in which rates are assessable "' '^' on the annual value,) the sum total of the rentals assessed in the Town or Village shall be calculated at ten per cent, upon the capital represented, and the capital so ascertained, together with the total value of other real property, and the total value of personal property, shall be considered the aggregate valua- tion of the Town or Village, for the purpose of rating it for a Provincial or a County tax. 16 V. c. 182, s. 33. AstonewMu- 74. If a new Municipality be erected within a County, nic;pa ities. ^^ ^^^^^ there are no Assessment Rolls of the new Municipality for the next preceding year, the County Council shall, by examining the Rolls of the former Municipality or Municipalities of which the new Municipality theji formed part, ascertain to the best of their judgment, what part of the Assessment of the Municipa- lity or Municipalities had relation to the new Municipality, and what part should continue to be accounted as the Assess- ment of the original Municipality, and their several shares of the County tax shall be apportioned between them accordingly. 16 V. c. 182, ss. 33, 92. CountyCouncii 7;$. When a sum is to be levied for County purposes, or by By-fawssiuns^ the County for the purposes of a particular locality, the Council required for of the Couuty shall ascertain, and by By-law direct, what poses.^'""^" portion of such sum shall be levied in each Township, Town or Village in such County or locality. 16 V. c. 182, s. 34. J^°^yn'y Clerk 76. The County Clerk shall, before the first day of August a°mo^untrto in each year, certify to the Clerk of each Township, Town Clerks of l.ocal or Village in the County, the total amount which has been iinicipj iiies. ^^ directed to be levied therein for the then current year, for County purposes, or for the purposes of any such locality, and the Clerk of the Township, Town or Village shall calculate and insert the same in the Collector's Roll for thalfyear. 16 V. c. 182, s. 34. 77. 1859. Assessment of Property. Cap. 55. 66T T7. But nothing in this Act contained shall alter o\- invalidate This Act not to any special provisions for the collection of a rate for interest on sjon's (OT°rai'es County Debentures, whether such provisions be contained in to raise interest any Municipal Corporation Act heretofore or still in force in ^"i,^^"™^'^'^" Upper Canada or any Act respecting the Consolidated Municipal Loan Fund in Upper Canada, or in any General or Special Act authorizing the issue of Deijcnlures, or in any By-law of the County Council providing for the issue of the same. 16 V. c. 182, s. 34. STATUTE LABOUR. 78. No person in Her Majesty's Naval or Military Service statute labour. on full pay or on actual service shall be liable to perform persons in Statute Labour or to commute therefor. 16 V. c. 182, s. 6, No. 8. W'^^rf Ser- ' ' vice exempt. 79. Every other male inhabitant of a City,- Town or vvho liable ami Village, of the age of twenty-one years and upwards, and in whatratioin 1 ■ • e /I 1 ,1 • • J u towns and vil- under sixty years oi age (and not otherwise exempted by iageg_ law from performing statute labour) who has not been assessed upon the Assessment Rolls of the City, Town or Village, or whose taxes do not amount to two dollars, shall instead of such labour be taxed at two dollars yearly therefor, to be levied and collected in the same manner as other local taxes. 16 V. c. 182, s. 35. 80. No such person shall be exempt from the tax in the last where to be preceding section named by reason of his producing a certificate performed. of his having performed statute labour or paid the said tax else- where, unless he was actually domiciled out of the limits of the City, Town or Village at the time he so performed statute labour or paid the tax. 16 V. c. 182, s. 35. 8S. Every male inhabitant of a Township, between the persons not ages aforesaid who is not otherwise assessed to any amount °'^^^lJi^\^^'^^_^ and who is not exempt by the seventy-eighth section of this ^^-p^. '" °^"' Act or otherwise, shall be liable to two days of statute labour on the Roads and highways in the Township. 16 V. c. 182, s. 36,— See 4, 5 V. c. 43,-12 V. c. 36,-14, 15 V. c. 85, as to Finmen. 8S. Every person assessed upon the Assessment Roll of a Ratio of ser- Townsbip, shall, if his property is assessed — "''"^*- At not more than $200, be liable to 2 days' labour ; At more than ^200, but not more than $400, to 3 days' labour ; 400, (< 600, 4 600, (( 800, 5 800, 11 1,200, 6 1,200, be added to any parcel of land, the Treasurer shall add to the whole amount "''''*"* ^^^^^' then due ten per cent, thereon. 16 V. c. 182, s. 53. 122. Whenever the County Treasurer is satisfied that there k there bedis- is distress upon any lands of non-residents in arrear for taxes, tress upon lands he shall issue a warrant under his hand and seal to the Sheriff ^^.^"^"cou^tjr of the County, who shall thereby be authorized to levy the Treasurer may amount due upon any goods and chattels found upon the "land, r.fftolew^''^" in the same manner and subject to the same provisions as are contained in the sections ninety-seventh to the one hundred and first of this Act, with respect to distresses made by Collec- tors. 16 V. c. 182, s. 54. 123. No land shall be sold for taxes unless a portion when lands'to thereof has been due for five years. 16 V. c. 182, s. 55. be sold. 124. Whenever a portion of the tax on any land has been ^rr-ws due due for five years, or for such longer period and of such amount for five years as a By-Law of the Council prescribes, the Treasurer of the '^a'^rranrofthJ County shall issue a Warrant under his hand and seal directed Treasurer to to the Sheriff of the County, commanding him to levy upon *'' ®'^'^"''" the land for the arrears due thereon with his costs. 16 V. c. 182, s. 55. 123. The Treasurer shall, in every Warrant so issued, dislin- Lands granted ffuish lands which have been granted in fee from those which are '" ^^ '';*'i"- under a lease or license of occupation, and of which the fee lands leased by still remains in the Crown. 16 V. c. 182, s. 56. theCrown,aic. 126. After the issuing of the Warrant, the Treasurer shall Afierwhichthe receive no payment on account of the sums contained in the Treasurer not Wni-rant to receive pay- vvd.ird.ni. ment. 127. The Council of the County may direct that no warrant county Coun- shall issue to the Sheriff until some portion of the arrears have oil may extend been due for such other period longer than five years as the ' "^P*^"" • Council may by By-law prescribe, and also may direct such parcels of land only to be included in the warrant as are chargeable with an arrear of tax exceeding a certain sum to be determined by the Council, 16 V. c. 182, s. 55. 128. Immediately upon receipt of the Warrant, the Sheriff proceedinga to shall prepare a list of all the lands included therein, and of the be taken by amount of arrears due on each parcel, distinguishing lands granted ceipt of warr in fee from those the fee of which is in the Crown, and shall fant. cause such list to be published for three months in the Official Gazette, and for the like period in some other newspaper pub- lished in the County, or if none be so published, in some other newspaper published in an adjoining County. 16 V. c. 182, s. 57. qq2 129. 676 Cap. 65. Assessment of Property. Vict, Jiavertisement. 139. The advertisement shall contain a notification that unless the arrears are sooner paid, he will proceed to sell the lands for the taxes, on a day named in the advertisement. 16 V. c. 182, s. 57. Time of sale. Notice to be posted up. 13®. The day of sale shall be more than three months after the first publication of the list. 16 V. c. 182, s. 67. 131. The Sheriff' shall also post a notice, similar to such advertisement, in some convenient and public place at the Court House of the County, at least three weeks before the time of sale. 16 V. c. 182, s. 57. Expenses to be added to the 132. The Sheriff shall in each case add to the arrears so published, a proportionate share of the cost of publication ac- cording to their amounts respectively. 16 V. c. 182, s. 57. Taxes overdue 133 If at the time when this Act comes into force no ad- under former vertisemeut or sale of land for arrears of taxes has taken place coUected under in any County at the time required by the former Upper Canada this Act. Assessment Acts, the sales of such lands thereafter shall not on that account be illegal, but all arrears of taxes and the expenses of advertising (if any) may be collected under this Act, and on non-payment thereof, any parcel of such lands, after any part of the tax thereon has been five years in arrear, may be sold accord- ing to the provisions of this Act. 16 V. c. 182, s. 62. Incaseofdis- 134 If at any time after the receipt of the Warrant, there tress being j ^^ ^^ knowledge of the Sheriff or his Deputy, distress found on the ' i , . , n i i ■ , i n i '^i r lands, Sheriff to upon any land included therein, he shall levy the arrears ot levy thereon, taxes and the costs, by distress and sale of any goods and chat- tels found on the land, in the same manner and subject to the same provisions as is required by the ninety-seventh to one hun- dred and first sections of this Act ; but no subsequent sale of the land by the Sheriff shall be invalid by reason of there having been any goods and chattels thereon before or at the time of the sale. 16 V. c. 182, s. 58. And sell in like 13S. Whenever any distress of goods and chattels is made OTUreforr ^y ^^^ Sheriff" under such Warrant, he may sell such goods and chattels in the same manner and subject to the same provisions as are contained in the ninety-seventh to the one hundred and first sections of this Act, with respect to distresses made by a Col- Fees thereon, lector, and he may charge Two dollars for each distress and sale. 16 V. c. 182, s. 63. If there be no bidders. 136. If at the time appointed for the sale of the lands no bidders appear, the Sheriff may adjourn the sale from time to time. 16 V. c. 182, s. 59. Made in which IST. If the taxes have not been previously collected, or if the lands shall ^^ person appears to pay the same at the time and place appointed 1859. Assessment of Property. Cap. 55. 577 appointed for the sale, the Sheriff shall sell by Public Auction be sold by the • so much of the land as may be sufficient to discharge the taxes Sheriff. and all lawful charges incurred in and about the sale and the collection of the taxes, selling in preference such part as he may consider it most for the advantage of the owner to sell first. 16 V. c. 182, s. 59. 138. If the Sheriff sells any land of which the fee is in the Ifthe Sheriff Crown, he shall only sell the interest therein of the lessee thefee"ofwSfch or locatee, and it shall be so distinctly expressed in the con- is in the Crown, veyance to be made by the Sheriff, and such conveyance shall geiffjfe'interest give the purchaser the same rights in respect of the land as of lessee or the original lessee or locatee enjoyed, and shall be valid 'o^a'^"' without requiring the assent of the Commissioner of Crown Lands. 16 V. c. 182, s. 56. 139. If the purchaser of any parcel of land fails on demand if purchaser! to pay to the Sheriff the amount of the purchase money, the fails to pay r^i -rr /-i-i • 1 r i i r- purchase mo- Sherift may forthwith again put up the property tor sale. lb ney, thepro- V. C. 182, S. 59. pertytobe ' put up again for sale. 140. The Sheriff, after selling any land for taxes, shall give gheriffseliing a certificate under his hand to the purchaser, stating distinctly togivepur- what part of the land and what interest therein have been so sold, i^f^tl^^^^^Ci or stating that the whole lot or estate has so been sold, and describ- soW. ing the same, and afso stating the quantity of the land, the sum for which it has been sold and the expenses of sale, and further stating that a Deed conveying the same to the purchaser or his assigns, according to the nature of the estate or interest sold with reference to the one hundred and twenty-fifth, one hundred and twenty-eighth and one hundred and thirty-eighth Sections of this Act, will be executed by the Sheriff on his or their demand, at any time after the expiration of one year from the date of the certificate, ifthe land be not previously redeemed. 16 V. c. 182, ss. 59, 60,-20 V. c. 72. 141. The purchaser shall, on receipt of the Sheriff's Purchaser of certificate of sale, become the owner of the land so far as_ to {^"g^tobi" have all necessary rights of action and powers for protecting deemed owner the same from spoliation or waste until the expiration of the ^J^^am pur- term during which the land may be redeemed ; but he shall poses, on re- not knowingly permit any person to cut timber growing upon ^'j^P,' °g^J^^ate the land, or otherwise injure the land, nor shall he do so himself, but he may use the land without deteriorating its value. 16 V. c. 182, s. 61. 142. From the time of a tender to the Treasurer of the full Effect of tender amount of redemption money required by this Act, the said ofa"ears,&c. purchaser shall cease to have any further right in or to the land in question. 16 V. c. 182, s. 61. 143. Within one month after the sale, the Sheriff shall sheriff's re- make a detailed return to the Treasurer of each separate parcel »"■■"• of 678 Cap. 55. Assessment of Property. 22 Vict. Sherifl's com- mission. Fees on sales of land. Expenses of search in Re- gistrar's office. of land included in the Warrant, and shall pay to him the money levied by virtue thereof. 16 V. c. 182, s. 59. 144. Every Sheriff shall be entitled to five per cent, com- mission upon the sums collected by him under such Warrant as aforesaid. 16 V. c. 182, s. 63. 143. Whenever land is sold by a SherifT according to the pro- visions of the one hundred and thirty-seventh section of this Act, he may receive the sum of one dollar for the sale of each separate parcel, and the Sheriff may add the commission and fees which he is hereby authorized to charge for the services above mentioned, to the amount of arrears included in the Trea- surer's Warrant on those lands in respect of which such services have been severally performed. 16 V. c. 182, s. 63. 146. If the Sheriff cannot give a sufficient description of any Innd sold by him without a search in the Registrar's Office to ascertain the description and boundaries of the whole parcel as returned to him in the Treasurer's Warrant, he shall, in addi- tion to the charges hereinbefore authorized, be entitled to charge the fee for the necessary search. 16 V. c. 182, s. 63. Sheriff entitled 147. Except as before provided, the Sheriff shall not be en- to no other titled to any other fees or emoluments whatever for any services rendered by him relating to the collection of arrears of taxes on lands. 16 V. c. 182, s. 63. Owners may 148. The owncr of any land which may hereafler be yearrredeem ^old for non-payment of taxes, or his heirs, executor.-, adminis- estatesoidby trators or Hssigns, may, at any time within one year from the chase^moni'y '^^Y °^ sa\e, exclusive of that day, redeem the estate sold by and 10 per cent paying or tendering to the County Treasurer, for the use and thereon. benefit of the purchaser or his legal representatives, the sum paid by him, together with ten per cent, thereon, and the Trea- surer shall give to the party paying such redemption money, a receipt, stating the sum paid and the object of payment, and such receipt shall be evidence of the redemption. 16 V. c. 182, s. 64. After expira- tion of year allowed for redemption, Sheriff to de- liver a Deed of Sale to pur- chaser. 149. If the land be not redeemed within the period so allow- ed for its redemption, being one year exclusive of the day of sale as aforesaid, then oa the demand of the purchaser, or his as- signs or other legal representative, at any time afterwards, and on payment of one dollar, the Sheriff shall execute and deliver to him or them a Deed of Sale of the, land. 16 V. c. 182, s. 65. Contents of ISO. Such Deed shall state the date and cause of the sale ''hereof!"' ""^'^ ^^^ ^^^ price, and shall describe the land by its situation, bound- aries and quantity, andthe estate and interest sold, and shall have the effect of vesting the land in the purchaser, or his heirs and assigns 1859. Assessment of Property, Cap. 55. 679 assigns or other legal representatives in fee simple, or otherwise, according to the nature of the Estate or Interest sold, and free and clear of all charges and incumbrances thereon, except taxes accrued since those for the non-payment whereof it was sold. 16 V. c. 182, s. 65. lol. As respects land sold for taxes before the first day of on what eeni- January, one thousand eight hundred and fifty-one, on the receipt iicates Regis- by the Registrar of the proper County or place of a Certificate of ties to register the Sale to the purchaser under the hand and Seal of Office of the ^f?'''^,','"'Tr'!? Sheriff, stating the name of the purchaser, the sum paid, the t'axes tifore " number of acres and the estate or interest sold, the lot or tract '851. of which the same forms part, and the date of the Sheriff's conveyance to the purchaser, his heirs, executors, administrators or assigns, and on production of the conveyance from the Sheriff to the purchaser, his heirs, executors, administrators or assigns, such Registrar shall register any Sheriff's Deed of land sold for taxes before the first day of January, one thousand eight hundred and fifty-one, and the mode of such Registry shall be the entering on record a transcript of such Deed of conveyance. 16 V. c. 182, s. 66,-6 G. 4, c. 7, s. 19. 152. As respects lands sold for taxes since the first day of The Sheriff to January, one thousand eight hundred and fifty-one, the Sheriff f/^J^^H^^^^^ shall also give the purchaser or his assigns^ or other legal repre- conveyances sentatives, a Certificate under his hand and seal of office of the f""^*^ '«' n 1 r • • 1 '1 -ill* JanuarVj Isol, execution of the Deed, contajnmg liie particulars, in the last (or registration, section mentioned and such certificate for the purpose of regis- tration in the Registry Office of the proper County of any Deed of Lands sold for Taxes since the first of January, one thousand eight hundred and fifty-one, shall be deemed a Memo- rial thereof, and the Deed shall be registered, and a Certificate of the Registry thereof, shall be granted by the Registrar on produc- tion to him of the Deed and Certificate, without further proof; and the Registrar shall, for the Registry and Certificate thereof, be entitled to Seventy cents, and no more. 16 V. c. 182, s. 65. 153. The Sheriff shall enter in a book, which the County Sheriffto enter Council shall furnish, a full description by metes j.nd bounds, ;rript!'on°ofiaTd, of every parcel of land conveyed by him to purchasers for conveyed to arrears of taxes, with an index thereto, and such book, after l^^^'""^' ^^ such entries have been made therein, shall be returned to the Treasurer, and shall, together with all copies of Assessors and Collector's Rolls and other Documents relating to non-resident lands, be by him kept amongst the records of the County. 16 V. c. 182, ,s. 67. 154. All the moneys received by the County Treasurer on Non-resident account of the taxes on non-residents' lands, whether paid to l;^,;;f,,^j"';;| ^ him directly or levied by the Sheriff, shall constitute a distinct each County, and separate fund, to be called the " Non-Resident Land -^f-^f^;' Fund" of such County. 16 V. c. 182, s. 68. 155. 680 Cap, 55. Assessment of Property. 22 FiCT. Treasurer to open an ac- count lor. 1555. The Treasurer shall open an account for each Local Municipality with the said fund. 16 V. c. 182, s. 68. Counties united 156. If two Of more Local Municipalities having been disunUecr'*'^'^* United for Municipal purpose be afterwards disunited, or if a Municipality or part of a Municipality be afterwards added to or detached from any County or to or from any other Municipality, the Treasurer shall make corresponding altera- tions in his books, so that aiTears due on account of any parcel or lot of land at the date of the alteration, shall be placed to the credit of the Municipality within which the land after If any union be such alterations is situate ; andif aunion of Counties is about to be dissolved, all the taxes on non-resident's land imposed by By- laws of the Provisional Council of the Junior County, shall be returned to and collected by the Treasurer of the United Coun- ties, and not by the Provisional Treasurer, and the Treasurer of the United Counties shall open an account forthwith for the Junior County with the non-resident land fund. 16 V. c. 182, s. 68. about to be dissolved All arrears to form one char- ge upon tlie lands subject to them, frc. 157. The Treasurer of the County shall not be required to keep a separate account of the several distinct rates which may be charged on lands, but all arrears from whatever rates arising shall be taken together and form one charge on the land. 16 V. c. 182, s. 69. Deficiencies in 158. Every Local Municipal Council in paying over any be'suppiied^by° school or local rate, or its share of any County rate, or of any other the Municipa- tax Or rate lawfully imposed for Provincial or local purposes, shall '"y- supply out of the general funds of the Municipality any defi- ciency arising from the non-payment of the tax on land, but shall not be held answerable for any deficiency arising from abate- ments of, or inability to collect the tax on personal property. 16 V. c. 182, s. 69. Land Fund 159. All sums which may at any time be paid to a Muni- howappropri- ^ipality out of the Non-Resident Land Fund of the County, shall form part of the general funds of such Municipality. 16 V.c. 182, s. 69. on the Non-resi- dent Land Fund. Debentures 16®. The Council of the County may from time to time by ™TheVrSif of By-law, authorize the Warden to issue under the Corporate Seal upon the credit of the Non-Resident Land Fund, Debentures payable not later than eight years after the date thereof, and for sums not less than One hundred dollars each, so that the whole of the Debentures at any time issued and unpaid do not exceed two thirds of all the arrears then due and accruing upon the lands in the County, together with such other sums as may be in the Treasurer's hands, or otherwise invested to the credit of the said fund. 16 V. c. 182, s. 70. 161 1859. Assessment of Property. Cap. 56. (Jgl 161. Such Debentures shall be negotiated by the Warden By whom lo be and Treasurer of the County, and the proceeds shall be paid "'■s°''^t«''' into the said fund, and the interest on such Debentures, and the principal, when due, shall be payable out of such fund. 16 V. c. 182, s. 70. 162. If at any time there be not in the Non-Resident Land Payment ofin- Fund money sufficient to pay the interest upon a Debenture, or terest oa such to redeem the same when due, such interest or Debenture shall ^jed for!* ^™' be payable out of the General County Funds, and the payment thereof may be enforced in the same manner as is by law provided in the case of other County Debentures. 16 V. c. 182, s. 71. 163. The Council of the County may, from time to time, surplus of the pass By-laws apportioning the surplus moneys in the Non- °'«»J'=?,'''«5', n -jiT jtS 1 , ,^i.«- ..•',.. , ,1 Land Fund to Kesident L,and i? una amongst the Municipalities, rateably be divided according to the moneys received and arrears due on account among Muni- of the Non-Resident lands in each Municipality ; but such ap- "^* portionment shall always be so limited that the Debentures un- paid shall never exceed two thirds of the whole amount to the credit of the fund. 16 V. c. 182, s. 72. 164. The Treasurer shall not be entitled to receive, from Treasurer's per the person paying taxes, any per centage thereon, but may re- centage or sar ceive from the fund such per centage upon all moneys in his hands, or such fixed salary in lieu thereof, as the County Coun- cil by By-law directs. 16 V. c. 182, s. 73. 165. The County Treasurer shall prepare and submit to Annual siate- the County Council, at its first Session in January in every year, Sfund\^o be a Report, certified by the Auditorsj of the state of the non-Resi- submitted to dent Land Fund. 16 V. c. 182, s. 74. Councr^ 166. This Report shall contain an account of all the moneys what it shall received and expended during the year ending on the thirty- ^'^^w- first of December next preceding, distinguishing the sums received on account of and paid to the several Municipali- ties, and received and paid on account of interest or of De- bentures negotiated or redeemed, and the sums invested and the balance in hand ; a list of all Debentures then unpaid, with the dates at which they will become due ; and a statement of all the arrears then due, (distinguishing those due in every Municipality,) and the amount due on lands then advertised for sale, or which bylaw maybe advertised during the en- suing year. 16 V. c. 182, s. 74. 167. The Warden shall cause a copy of the Report to be Copy to be transmitted to the Provincial Secretary for the information p^ovSciaf '" of the Governor General. 16 V. c. 182, s. 74. Secretary. LANDS 682 Cap. 55. Assessment of Properly. 22 Vict. LANDS OF NON-RESIDENTS IN CITIES. Taxes on land ol' Non-resi- dents in Cjties provided for. 168. Arrears of Taxes due to cities on the lands of non- Residents shall be funded, collected and managed in the same way as like arrears due toother Municipalities, and the Cham- berlain and High Bailiff shall for these purposes perform in the case of Cities the like duties as are hereinbefore in the case of other Municipalities imposed on the Treasurer and the Sheriff. 16 V. c. 182, s. 75. RESPONSIBILITY OK OKKICERS. Treasurers and ly '"'"■ ceived for County purposes, or for any of the purposes men- tioned in the one hundred and eighty-sixth section. 1 8@. The Treasurer of every Township, Town or Vil- Treasurers of lage shall, within fourteen days after the time appointed for the Township, &c., n [Q "DRV OVGr final settlement of the Collector's Rolls, pay over to the Trea- money raised surer of the County all moneys which were assessed and by forCountypur- law required to be levied and collected in the Municipality for £o^unty Trea- County purposes, or for any of the purposes mentioned in the surer. one hundred and eighty-sixth section of this Act, (retaining for his fees two and a half per cent, thereon.) 16 V. c. 182, s. 85. 1S>©. If default be made in such payment, the County Trea- Mode ofenfor- surer may retain or stop a like amoimt out of any moneys "'"^^"'^^P^y' which would otherwise be payable by him to the Municipality, or may recover the same by a suit or action for debt against such Municipality, or whenever the same has been in arrear for the space of three months, he may by Warrant under his hand and seal reciting the facts, direct the Sheriff of the County to levy and collect the amount so due with interest and costs from the Municipality in default. 16 V. c. 182, s. 85. 191. The Sheriff, upon receipt of the Warrant, shall levy and How the She collect the amount, with his own fees and costs as if the War- riff shall levy rant had been a Writ of Execution issued by a Court of law, ''''"°™- and he shall levy the amount of costs and fees, in the same man- ner as is provided by the "Act respecting the regulation of Municipal Institutions in Upper Canada," in cases of Writs of Execution. 16 V. c. 182, s. 85. 193. 686 Cap. 55. Assessment of Property. 23 7icT. County trea- surer II nd Chamberlains of Citiey, to accuunt to the Crown for cer- tain moneys. 193. The County Treasurer, and City Chamberlain, res- pectively, shall be accountable and responsible to the Crown for all moneys collected for any of the purposes mentioned in the one hundred and eighty-sixth section ol this Act, and shall pay over such moneys to the Receiver General, less two and a half per cent, to be retained for himself, and the two and a half per cent, retained by the Township, Town or Village Trea- surers. 16 V. c. 182, s. 86. Municipalities to be responsi- ble for moneys collected by Collectors. 193. Every County and City shall be responsible to Her Majesty, and to all. other parties interested, that all moneys coming into the hands of the Treasurer or Chamberlain of the County or City in virtue of his office, shall be by him duly paid over and accounted for according to law. 16 V. c. 182, s. 87. Treasurers to be responsible in Counties and Cities. Their bonds to apply to sec- tion 1S6. 194. The Treasurer or Chamberlain and his sureties shall be responsible and accountable for such moneys in like manner to the County or City, and any Bond or Security given by them for the duly accounting for and paying over moneys coming into his hands belonging to the County or City, shall be taken to apply to all such moneys as are mentioned in the one hun- dred and eighty-sixth section, and may be enforced against the Treasurer or Chamberlain in case of default on his part. 16 V. c. 182, s. 87. ^^at^defa^a- 195. If the default relates to School moneys or other Public enforced by^he moneys of the Province, Her Majesty may enforce the respon^ Crown. sibility of the County or City, by stopping or retaining a like amount out of any Public moneys which would otherwise be payable to the County or City, or to the Treasurer or Chamber- Iain thereof, or by suit or action against the Corporation. 16 v. e. 182, s. 87. Kemedyto per- 19®. Any person aggrieved by the default of the Cham- bydeiauiro? berlain or Treasurer, may recover from the Corporation of the Treasurer. City Or County, the amount due or payable to such person, as money had and received to his use. 16 V. c. 182, s. 87. MISCELLANEOUS. Penalty for 197. If any person wilfully tears down, injures or de- notices, fc^," faces any Assessment Roll, advertisement, notice, or other posted up. document, which is required by this Act to be posted up at a public place for the information of persons interested, he shall, on conviction thereof in a summary way before any Justice of the Peace having jurisdiction in the locality, be liable to a fine of Twenty dollars. 16 V. c. 182, s. 88. Hecoveryof 198. The fines and forfeitures authorized to be summa- bylhi^Act! rily imposed by this Act, shall, when hot otherwise provided, be levied and collected by distress and sale of the ofiisnder's goods 1859. Assessment of Properly. Cap, 55, 66. ggT goods and chattels, under the authority of a Warrant of Distress for that purpose, to be issued by the Justice before whom the offender has been convicted ; and in case no goods or chattels can be found to satisfy the Warrant, the offender shall be conn- mitted to the Common Gaol of the County for a period not exceeding one month. 16 V. c. 182, s. 89. 199. When not otherwise provided, all penalties recovered Howdispo»e- recovery of damages by the injured party before any Court 'j°^" ofdama- of competent jurisdiction. 18 V. c. 138, s. 8. ° ' 15. Every fine collected under this Act shall be paid to the Application of Chamberlain or Treasurer of the Local Municipality or Place in pena't'ra. which the offence was committed, and shall be applied to the general purposes thereof. 18 V. c. 138, s. 9. 16. Any conviction under this Act may be appealed Appeal, in the manner provided in the Act respecting appeals in cases of summary convictions. 18 V. c. 138, s. 10. CAP. L V 1 1 . An Act respecting Line Fences and Water-courses. HER Majesty, by and with the advice and consent of the Legislative Council aird Assembly of Canada, enacts as follows : 1. Each of the parties occupying adjoining tracts of land shall Each pany to] make, keep up and repair a just proportion of the Division or ™^''^ andre- ' ' ^ , 1- !■ ■!• 1 1 11 pair a portiojn Lme Fence on the Ime dividmg such tracts, and equally on of the divisi« 10. The Justice to whom the determination of the Fence ■v(,|,o,ha[i semi Viewers is returned, shall transmit the same lo the Clerk of the thesame to the Division Court having jurisdiction over that part of the Muni- dI';*"^ court. cipality, and shall certify and transmit a copy thereof to the Clerk of the Municipality, to be entered in the book in which the Municipal proceedings are recorded ; 8. V. c, 20, s. 7. 11. After the expiration of forty days, from the time of the who after forty determination, the Clerk of the Division Court shall issue an days may issue execution 694 Cap. 57, 58. Line Fences and Water-courses. 22 Vict. execution execution against the goods and chattels of the Defendant in lereon. ^^^ Same manner as if the party in whose favor the determination has been made had recovered judgment in the Division Court for the sum which the Fence Viewers have determined him to be entitled to receive, with costs. 8 V. c. 20, s. 7. I'ees. 1 7. The following fees, and no more, may be received under this Act, by the persons mentioned, that is to say : To the Justice of the Peace : For Summons to Fence Viewers, twenty-five cents ; For Subpoena, which may contain three names, twenty-five cents ; For transmitting copy of Fence Viewers' determination to Division Court and to Clerk of the Municipality, twenty-five cents. To the Fence Viewers : One dollar per day each : if less than half a day employed, fifty cents. To the Bailiff or Constable employed : For Serving Summons or Subpoena, twenty cents. Mileage — per mile six and two-thirds cents. To Witness — per day, each, fifty cents. — 8 V. c. 20, s. 16. Disbursements. 18. Upon the party in whose favor the determination of the Fence Viewers has been made, making an affidavit, which the Clerk of the Division Court may administer, that such fees have been duly paid and disbursed to the persons entitled there- to, the Clerk shall include the amount thereof in the execution and when collected, shall pay over the same to the said party. 8 V. c. 20, s. 17. CAP. L V 1 1 I . An Act respecting Weights and Measures. HER Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows : The standard 1 . The Set of Weights and Measures according to the Standard weights and q£ [jg^ Majesty's Exchequer in England, heretofore procured for 1859. Weights and Measures. Cap. 58. g95 for Upper Canada, shall at all times be and remain in the measures to charge and custody of the Provincial Secretary. 4 G. 4, c. 16, ['.XioJJl'ofpTo- S. 2. vincial Secre- tary. 2. Whenever any Municipal Council, authorized to appoint proyinoiai Se- and Inspector of Weights and Measures, addresses the Go- cretary to fur- vernor requesting that the Municipality may be furnished with nicipSty witfe a true copy or set of such Weights and Measures, the Governor standard may direct the Provincial Secretary forthwith, at the cost of ^^'s^^^> ^^- the Municipal Corporation, to furnish such copy or set made of such durable Materials as the Secretary deems the most proper for the purpose. 4 G. 4, c. 16, s. 3,-12 V. c. 85, s. 12,— See 22 V. c. 99, ss. 273, 274. 3. The Municipal Council of every City may by By-law Every Ciij- appoint one or more Inspectors of Weights and Measures for ^°"°.^'j'™°?^ the Municipality. 12 V. c. 85, s. 12,-22 V. c. 99, s. 274. more inspec- tors of -weights^ 4. The Municipal Council of every Incorporated Town may, „ by By-law, appoint one inspector oi Weights and Measures counci) may ■ for the Municipality. 12 V. c. 85, s. 12,-22 V. c. 99, s. 274. appoint one".. 5. The Municipal Council of every. County may, by By-law, Every Connty- appoint one or more Inspectors of Weights and Measures for Council may ."" _, ^ ',^... ^^ c ^ T 1 n ^ ■ ^^ appomt one etr the County, or for any Division tnereoi, to be defined m the more. By-law, but no appointment or Division under this section shall extend to or include Incorporated Towns. 18 V. c. 135, s. 1,-22 V. c. 99, s. 274. 6. When there are two or more Inspectors in the Munici- when more- pality, the Council thereof shall, by By-law, appoint one of them 'htm one,the- ^ , •' , ^ ■ T 10 -tr io^ i CI in XT a f n Coujieil to api- tobethe Senior Inspector. 18, V. c. 135, s. 1. — &eel2 V. 85, s.9. point who toW- the Senior. 7. Every Inspector now or hereafter appointed shall continue y^ continue iix in office until removed by the Municipal Council. 18 V. c. office till rt^- 135, s. 1. """'• 8. The Inspector, or where there is more than one, the Senior standard to !«- Inspector, shall have charge of the Standard Weights and Mea- j,^P"g|!fo,^* sures of the Municipality, and of the Mark, Stamp, or Brand semor'rn^c- marked with the Royal initials V. R., for the purpose of mark- J^^''*^J''^ '^^' ing such Weights and Measures as are required to be marked """^ under this Act ; and such Senior Inspector shall keep the same for the use of himself, and of the other Inspectors. 12 V. c. 85, ss. 2, 9. * 9 Every Inspector shall, before entering on the duties of inspectors to his office, take and subscribe the following oath : '^^^.^^^ '*''''' "^ "I A. B., do hereby promise and swear that I will care- xhe oath. " fully preserve all Weights and Measures given me in " charge or for my use as Inspector, as a Standard for the Mu- " nicipality {or Division, as the case may be,) of , and that 1« *> 696 Cap. 58. Weig-hts and Measures. 22 Vict. " 1 will deliver Ihera over to iny successor in office, duly ap- " pointed for that purpose, when required so to do, and that I " will honestly and faithfully discharge the duties of Inspector " of Weights and Measures for such Municipality, {or Division) " pursuant to the true intent and meaning of the law in that " behalf, according to the best of my abilities and knowledge. " So help me God." 12 V. c. 85, s. 2. Inspector to 10. Every Inspector shall carefully examine and compare, ma?k'^ff correct '^'ith the Standard so furnished as aforesaid, any Weights and all weights and Measures presented to him for that purpose within his Munici- mftted ufhi'm" P^^^ty O"" Division, and when the same are found of the true Weight or Measure, he shall mark, stamp or brand the same, (if a Measure, as near the two ends, top and bottom, as may be,) with the Stamp or Brand furnished for the purpose. 12 V. c. 85, s. 3. inspector to attend for that purpose at such times and places as the Municipal Council ap- points. 11. Every Inspector shall attend at such time and place in his Municipality or Division as the Municipal Council may appoint, once, but not oftener than twice in each year, with the Stamps and Set of Standard Weights and Measures in his cus- tody, to examine and compare, and if found correct, to stamp all Weights and Measures brought to him for that purpose. To give notice. 13. He shall give one month's notice of the time and place so appointed, by publishing the same in one or more news- papers, or by posting up copies thereof in four of the most public places in his Municipality or Division. 12 Y. c. 85, ss. 4, 10. Standard weights of dif- lerent kinds of gfrain, Arc,, es- tabl idled for U.C. Feesofinspeo- 13. Every Inspector may demand and receive ten cents, **'^' and no more, for every Weight or Measure he marks or stamps. 12 V. c. 85, s. 8. 14. The following rates shall be the Standard Weight, and shill in all cases be allowed to be equal to the Winchester Bushel, namely : Wheat, Sixty pounds, Indian Corn, Fifty-six pounds, Rye, Fifty-six pounds. Peas, Sixty pounds, Barley, Forty-eight pounds, Oats, Thirty-four pounds, Beans, *..... Sixty pounds. Clover Seed, Sixty pounds, Timothy Seed,, Forty-eight pounds. Buck- Wheat, Forty-eight pounds. But the effect of any contract made before this Act, shall not be varied by any thing herein contained. 16 V. c. 193, s. 2. "flertaiii con- tracts not af- fected. 1859. Weights and Measures. Cap. 58. 697 , 15. Upon every sale and delivery, and in every contract for The bushel to the sale or delivery of any Grain, Pulse or Seeds, the Bushel l^^Jgf"notby^ shall, unless otherwise agreed upon by the parties, be taken to measure. mean the Weight of a Bushel as regulated by this Act, and not a Bushel in Measure, or according to any greater or less Weight. 16 V. c. 193, s. 3. 16. Every Storekeeper, Shopkeeper, T-diller, Distiller, But- Penalty if cher, Baker, Huckster, or other trading person, and every "^^sh* is not Wharfinger or Forwarder in any County or place in Upper m acertain Canada, who, two months after the appointment of an Inspector ''™<=- therefor, uses any Weight or Measure, which has not been duly stamped according to Law, or which may be found light or otherwise unjust, shall, on conviction, forfeit a sum of not more than twenty nor less than eight dollars ; and every such light or unjust Weight or Measure so used shall, on being discovered by any Inspector, be seized, and on conviction of the person using the same, shall be forfeited, and broken up by the Inspec- tor. 12 V. c. 85, s. 4,-4 G. 4, c. 16, s. 6,-3 V. c. 17, s. 3. 1 7. Every Inspector may, at all reasonable times, enter Inspector may any shop, store, warehouse, stall, yard, or place whatsoever ^"cl^Vo'ela- within his County or Division Avliere any commodity is mine weights bought, sold or exchanged, weighed, exposed or kept for sale, or a^'i measures. weighed for conveyance or carriage, and there examine all Weights, Measures, Steel-yards or other Weighing Machines, and compare and try the same with the copies of the Standard Weights and Measures provided by Law. 12 V. c. 85, s. 5. 18. If upon such examination it appears that the said Forieitme of Weights or Measures, or any or either of them, have not been stamped""' stamped or are light or otherwise unjust, the same shall be liable weights and to be seiiied and forfeited, and the person or persons in whose pos- ""-'^*"''^*- session the same are found, shall, on conviction, forfeit a sum not exceeding eight dollars for the first and twenty dollars for every subsequent offence. 19. Any person who has in his possession a Steel- penalty for yard or other Weighing Machine which on such examina- ^^J'|]^^^^l^ tion is found incorrect or otherwise unjust, or who, when thereto "'''' ^ required, neglects or refuses to produce for such examination, all Weights, Measures, Steel-yards or other Weighing Machines, in his possession, or who otherwise obstructs or hinders such examination, shall be liable to a like penalty. 12 V. c. 85, s. 5. 50. No penalty as aforesaid shall be incurred in any County penaltv not to Division or Locality, until two months at least after a Stan- {'^^"Xtf,'"' dard of Weights and Measures have been received by the after receipt of Inspector legally appointed therefor. — d ^^ 51. All penaltiesunderthis Act, together with all reasonable How penalties costs, shall be recoverable before any Justice of the Peace, on recoverable. the 698 Cap. 58. Weights mid Measures. 22 Vict. the oath of the Inspector or of any other credible witness, and shall, if not forthwith paid, be levied by distress and sale of the goods and chattels of the offender, and in default of distress the offender shall be committed to the Common Gaol of the County wherein the conviction took place for a term not exceed- When recover- ing one month; and all such penalties when recovered, shall appUed.''' ® belong to the Crown for the public uses of the Province, and shall be paid over to the Inspector, and shall by him be ac- counted for in the same manner as other public moneys coming into his hands by virtue of his office. 12 V. c. 85, s. 5. Punishment of 22. If any person makes, forges, or counterfeits, or causes, or m^^^stamps*' P^cures to be made, forged or counterfeited, or knowingly acts &c. ' or assists in the making, forging or counterfeiting any stamp or mark legally used for the stamping or marking of any Weights or Measures in any County or place in Upper Canada, he shall be guilty of a misdemeanor, and on being convicted thereof, shall be liable, at the discretion of the Court, to be fined and impri- soned in the Common Gaol of the County where the conviction takes place ; but such fine shall not exceed eighty dollars and such imprisonmeut shall not exceed three months. Penalty for 2S. If any person knowingly sells, alters, disposes of or ex- seiiin''^"&c. poses to Sale any Weight or Measure, with such forged or any weigiitor counterfeit Stamp or mark thereon, he shall, for every such of- ccmnt'e'rfelt '' ' fence, forfeit, on conviction, a sum not exceeding forty dollars, stamp. nor less than eight dollars, to be recovered under the pro- visions of the twenty-first section of this Act ; and all Weights and Measures with such forged or counterfeited stamps or marks shall be forfeited, and broken up by the Inspector. 12 V. c. 85, s. 6. Penalty if Ins- 24. Jf any Inspector Stamps, brands or marks any Weight we^gius o"^* or Measure without having first duly compared and verified measures Willi- the same with and by the Standard Weights and Measures nation.'^ '-'=^»™>- provided by law for that purpose, or is guilty of a breach of any duty imposed upon him by this Act, he shall, on conviction, for- feit a sum not exceeding twenty dollars to be recovered and ap- plied as aforesaid. 12 V. c. 85, s. 7. Siamiardstobe 2S. When any Inspector of Weights and Measures is re- tosuc-rassorrin moved from office, or resigns, or removes from the place for office. which he has been apoointed, he shall deliver to his successor in office, or to such other person as the Council of the Munici- pality may for that purpose by By law appoint, all the Beams, Stamps and Standard Weights and Measures in bis possession as such Inspector, and in case of the death of such Inspector, his representatives shall in like manner deliver the same to his successor in office, or to such other person as aforesaid. Piemedyby 26. In casc of refusal or neglect to deliver such Beams, daidTnot'sT"' Stamps and Standard Weights and Measures entire and coin- delivered, plete, the successor in oflice may maintain an action on the case> 1859. Weights and Measures. Cap. 58, 59. QQ^ case, against the person or persons so refusing or neglecting, and shall recover double the value of such of them as have not been delivered, and in every such action in which judgment is rendered for the Plaintiff, he shall recover double costs; and of the damages levied, one moiety shall be retained by the Plain- tiff, and the other moiety shall be applied in supplying such Standards as may be required in his office. 12 V. c. 86, s. 13. S7. Any conviction under this Act may be appealed in the Appeals. manner provided in the Act respecting Appeals in cases of summary convictions. 12 V. c. 85, s. 14. 28. This Act is to be subject to and controuled by and to This Actgor- be construed with the Consolidated Statute of Canada respect- emed by joint ing Weights and Measures. 22 V. c. 21, (1859.) Act chap. as. CAP. LIX. An Act respecting the Public Health. HER Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows : 1. The Health Officers of any Municipality or Police Village neaiih Officers in Upper Canada, or any two of them, may, in the day time, mayenterupoo as often as they think necessary, enter into and upon any anyp^emTses. premises in Ihe place for which they hold office, and examine such premises. 5 W. 4, c. 10, s. 2. S. If upon such examination they find that the premises are in if found nn- a filthy or unclean state, or that any matter or thing is thereon clean, may^ which, in their opinion, mayendanger the public health, they, or tor to cleanse" any two of them, may order the proprietor or occupant of the premises to cleanse the same, and to remove what is so found thereon. 5 W. 4, c. 10, s. 2. 3. Such Health Officers, in case the proprietor or occupier of in case ofhis the premises neglects or refuses to obey> their directions, may neglect or re- call to their assistance all Constables and any other persons Health Officers thev think fit, and may enter on the premises and cleanse the "■"'■^ Constable* •' 1 .1. r jji I 4. ■ ^i ■ ■ ■ '"'''V enter and same, and remove thereirom and destroy what m their opinion cleanse. itis necessary to remove or destroy for the preservaiiun of the public health. 6 W. 4, c. 10, s. 2. 4. The Governor in Council may make and declare such The Governor regulations concerning the entry or departure of boats or vessels [■e^^e'Sln^vis- at the different ports or places in Upper Canada, and concerning .seis emermg the landing of passengers, or cargoes from such boats or vessels P^'s, fee or the receiving passengers and cargoes on board of the same, as may be thought best calculated to preserve the public health. 5 W. 4, c. 10, s. 3. 5. If an}- person wilfully disobeys or resists any lawful order Penalty for dis- of the Health Officers, or of any two of them, or wilfully obedience of violates 700 Cap. 59, 60. Public Health. 22 Vict. Health Officers, violates any regulation made and declared by the Governor in '^''- Council under this Act, or wilfully resists or obstructs the Health Officers in the execution of their duties, such person, on conviction before two or more of Her Majesty's Justices of the Peace for the locality where the offender resides, or where the offence has been committed, shall pay a fine of not less than four dollars nor more than eighty dollars ; which line shall be paid to Her Majesty's Receiver General for the public uses of the Province. 5 W. 4, e. 10, s. 4,-16 V. c. 178, s. 18. Proceedings in case ol malig- nant diseases in crowded or unhealthy places. When any per- son producing to a J. P. the head of a wolC with the ears on, entitled to a reward. J. P. to give his certificate. &. Whenever a disease of a malignant and fatal character is discovered to exist in any dwelling-house, or out-house tempo- rarily occupied as a dwelling, in a City, Town or Village in Upper Canada or within a mile thereof, and which house is situated in an unhealthy oracrowded part of the City, Town or Village, or adjoining country, or is in a filthy and neglected state, or is inhabited by too many persons, the Board of fjealth of the City, Town or Village, or a majority of the members thereof, may, in the exercise of a sound discretion, and at the expense of tiie Board, compel the inhabitants of such dwelling-house or out- house to remove therefrom, and may place them in sheds or tents, or other good shelter, in some more salubrious situation, until measures can be taken, under the direction and at the expense of the Board, for the immediate cleansing, ventilation, purifica- tion and disinfection, of such dwelling-house or out-house. 5 W. 4, c. 10, s. 6.-~See ante Chapter 54, S. 245, P. 583. CAP. L X . An Act to encourage the destroying of Wolves. HER Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows : 1. If any person produces the head of a wolf with the ears on, before any Justice of the Peace acting for any County in Upper Canada, and makes oath or affirmation, {as the case may be,) or otherwise proves to the satisfaction of such Justice, that the wolf was killed within that County, or within one mile of an actual settlement in the County, he shall be entitled to re- ceive from the Treasurer of the County the sum of six dollars as a bounty for the same. 6 W 4, c. 29, s. 2. S. In case the Justice of the Peace before whom the head of the wolf is produced, be satisfied of the fact that the wolf was killed as in the preceding section mentioned, he shall first cut off the ears thereof, and then give the person a certifi- cate that the fact of the wolf having been killed as in the last section mentioned has been proved to his satisfaction, and such certificate shall authorize the person holding the same to demand and receive from the Treasurer of the County the said bounty of six dollars. 6 W. 4, c. 29, s. 3. 1859. Destruction of Wolves. Cap. 60, 61. 701 3. The Treasurer of the County shall forthwith pay such Treasurer to bounty to the person presenting the certificate, provided the pay the reward County funds in his hands enable him so to do ; and if the said funds do not so enable him, then the Treasurer shall pay the same out of the moneys of the County which next thereafter come into his hands. 6 W. 4, e. 29, s. 4. 4. The Treasurer of a County shall not pay the bounty to other County which any such certificate entitles the person presenting the grft^^aw'" same, until he has paid the annual expenses of the County, arising from the building of a Court House and Gaol, and keeping the same in repair, the fees of the Clerk of the Peace, the salary of the Gaoler, and the maintenance of the prisoners. 6 W. 4, c. 29, s. 5. 5. When the funds of any County do not enable the Trea- if not paid cer- surer thereof to pay the bounty, the cerlificale therefor shall fe'ji'ii'ered'm dis- be a lawful tender to the full value and amount therein spe- charge of rates. cified, for and towards the discharge of any County rate or assessment to be collected from any person within the County in which the wolf was destroyed, and shall be accepted and taken by the Collector of any Township within the County as equivalent to so much of the current money of Upper Canada, and may be by him paid and delivered over to the County Treasurer, by whom the same shall in like manner be taken and accepted as equivalent to so much of the current money aforesaid. 6 W. 4, c. 29, s. 6. CAP. LXI. An Act respecting Game Laws of Upper Canada. HER Majesty, by and witli the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows : 1 . No Deer, Moose, Elk, Reindeer or Carriboo, shall be hunted. Time for killing taken or killed, between the first of February and the first oHeer- August in any year. 19 V. c. 94, s. 1. 2. No wild Turkey, Grouse^ Partridge or Pheasant, shall be Turkey, hunted, taken or killed, belween the first of March and the first grouse, &c. of September in any year. 19 V. c. 94, s. 2. 3. No Quail shall be hunted, taken or killed, between the Quail. first of March and the first of October in any year. 19 V. c. 94, s. 3. 4. No Woodcock shall be hunted, taken or killed, between woodcook. the first of March and the first of July in any year. 19 V. c. 94, s. 4. 5. 702 Cap. 61,62. Game Laws. 22 Vict. Water fowl. 5. No wild Swan, Goose or Duck of the kinds known as the Mallard, (jirey Duck, Black Duck, Wood Duck, or any of the kinds of Duck known as Teal, shall be hunted, taken or killed, between the fifteenth of April and the first of August in any year. 19 V. c. 94, s. 5. Certain birds 6. No wild Turkey, Grouse, Partridge or Pheasant, Quail ed'&c.^'"^''' or Woodcock, shall be trapped or taken by means of traps, nets, springes or other means of taking such birds other than by shooting, at any time whatever ; nor shall any trap, net or snare be made, erected or set, either wholly or in part for the purpose of such trapping or taking. 19 V. c. 94, s. 6. Penaltjrfor 7. No person shall have in possession any of the animals gam?a't"un- °^ birds hereinbefore mentioned, within the periods above res- Jawfui periods, pectively prohibited, without lawful excuse, the proof whereof to be on the party charged. 19 V. c. 94, s. 7. Penalties how 8. Every oiTence against any provision of this Act shall be recovered. punished, on conviction before a Justice of the Peace, by a fine not exceeding twenty dollars nor less than one dollar in the discretion of such Justice, with costs, or in default of payment. Application, by imprisonment for a term not exceeding one month ; one half of such fine to go to the Municipality, and half to the informer. 19 V. c. 94, s. 8. Not to apply to 9. This Act shall not apply to Indians. 19 V. c. 94, s. 10. Indians. rr ./ i TITLE 8 . EDUCATION CAP. LXII. An Act respecting the University of Toronto, Uni- versity College, and Upper Canada College and Royal Grammar School. HER Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follow^s : Royal Charter. 1- ^o much of the Charter granted by His late Majesty King George the Fourth, dated at Westminster, the fifteenth day of March, in the eighth year of His Reign, for the establishment of a College in Upper Canada, called " King's College," and incorporated by the name of " The Chancellor, President and Scholars 1859. University of Toronto, ^c. Cap. 62. -703 Scholars of King's College at York, in the Province of Upper Canada," as is not inconsistent with this Act, shall remain in force. 16 V. c. 89, s. 1,-7 W. 4, c. 16. UNIVERSITY OF TORONTO. 2. The name of the said College having been, by Act of corporate the Provincial Legislature, changed to the name of " The Uni- name of Uni- versity of Toronto," the University established by the Charter '"^''^"''" aforesaid shall continue and be called " The University of Toronto," and shall continue to be a Body Corporate, with the' powers vested in Corporate bodies by the Interpretation Act, with power to hold any real property assigned to it under the General Pow- provisions of any former Act or of this Act, and with such other ers. powers and privileges as are conferred upon it by those por- tions of the said Charter remaining in force, or by any such former Act, but such powers shall be exercised in accordance with the provisions of this Act; and the Chancellor, and A'ice- Chancellor, and the Senate and all other Officers and Ser- vants, and all existing Appointments, By-laws, Rules and Regulations affecting such University, shall continue .subject to the provisions of this Act. 16 V. c. 89, s. 2. 3. There shall be no Professorship or other Teachership in Functions of the said University of Toronto, but its functions shall be limited University to the examining of Candidates for Degrees in the several ^ °^ ' Faculties, or for Scholarships, Prizes, or Certificates of Honor in different branches of knowledge, and to the granting of such Degrees, Scholarships, Prizes and Certificates, after examina- tion, in the manner hereinafter mentioned. 16 V. c. 89, s. 3. 4. The said Corporation of The University of Toronto shall corporation consist of one Chancellor, one Vice- Chancellor, and such num- how com- ber of other Members of the Senate not less than ten as the P"^*^ ' Governor may from time I0 time appoint under His Hand and Seal at Arms, and as may be appointed by the Senate under the power hereinafter given. 16 V. c. 89, ss. 4, 8. 5. The Chancellor, Vice-Chancellor and other Members of senate ciian- the Senate for the time being, shall constitute the Senate of the ceiiorandVice- said University. 16 V. c. 89, s. 3. ^"''^ °'' 6. The Governor shall continue to be the Visitor of the (j^^^,^,,^^ j^ i,g said University on behalf of Her Majesty, and His visi- visitor. tatorial powers may be exercised by commission under the Great Seal, and the proceedings of such commission, having been first confirmed by the Governor, shall be binding ■on the said University and its Members and on all others whomsoever. 16 V. c. 89, s. 9. 7. Whenever a vacancy occurs in the office of Chancellor vacancies in of the said University, either by death, resignation or otherwise, chancellorship. the 704 Cap. 62. University of Toronto. 22 Vict. Oiric.e of Vice Chancellor shall he biennial. And Elective. the Governor may, in the manner aforesaid, nominate a fit and proper person to be the Chancellor. 16 V. c. 89, s. 6. 8. The office of Vice-Chancellor of the said University shall be bieimial, that is to say, the term of office of each Vice- Chancellor shall expire on some day, in the calendar year next but one after that in which he was appointed or elected, and the day on which the term of olFice is to expire shall be appointed by Statute of the University; and at a meeting of the Senate to be holden on some day within the month next before the expiration of the said term of office, of which meet- ing notice shall be given in the manner directed by Statute of the University, the Members of the Senate shall elect some one of such Members to be Vice-Chancellor when the term of office of the then Vice-Chancellor expires, and so from time to time biennially. 16 V. c. 89, s. 7. Vacancies to be 9. In case of the death, resignation, or other vacancy in the Ser^ate^ ^' " olficc of any such Vice-Chancellor before the expiration of his term of office, the Members of the Senate shall, at a meeting to be holden by them for that purpose as soon as conveniently may be, of which notice shall be given in maimer aforesaid, elect one other of the said Members of the Senate to be Vice- Chancellor for the remainder of .such term. 16 V. c. 89, s. 7. 10. In case, by death or otherwise, the Members of the Senate are reduced below the number of ten, exclusive of the Chancellor and Vice-Chancellor for the time being, then if the Governor does not think proper to complete the said number by appointment, the Members of the Senate as soon as con- veniently may be, at a meeting to be holden for that purpose, of which notice is lo be given in the manner provided by Statute of the University, shall elect one or more fit and proper persons to be additional Members of the Senate, to the end that the number of ten Members of the Senate may be thereby completed, exclusive of the Chancellor and Vice-Chancellor, but no person shall be appointed or elected a Member of the Senate who is not a subject of Her Majesty. 16 V. c. 89, s. 8. 11. The Chancellor, Vice-Chancellor and Members of the Senate for the time being, shall, subject to the provisions of this Act relative to the income and property of the said Uni- versity, have the management of and superintendence over the affairs and business of the University. 16 V. c. 89, s. 10. Power to make 13. The said Chancellor, Vice-Chancellor and Members of statutes. the Senate may from time to time make and alter any Statutes not being repugnant to the laws of Upper Canada, or to the general objects and provisions of this Act : 1. Touching the examination for Degrees, or for Schola^ ships, Prizes or Certificates of Honor : and 2. Election of members of Senate by the remaining members in certain ca.ses. Senate to ma- nage the l)usi ■ ness of the Univer.sitv. 1859- University of Toronto. Cap. 62. 705 2. The granting of such Degrees, Scholarships or Certifi- cates ; and 3. The fees to be paid by Candidates for examination or upon taking any Degree ; and 4. The application of such fees ; and 5. Touching the periods of the regular meetings of the Senate and the mode of convening special meetings thereof ; and 6. In general for promoting the purposes of the said Univer- sity and touching all other matters whatsoever regarding the same or the business thereof, or for any purpose for which provision may be required for carrying out this Act according to its intent and spirit in any case not herein provided for. 16 V. c. 89, s. 10. 13. All such Statutes shall be reduced into writing, All statutes to and the Common Seal of the University shall be affixed anj'^^ed'nnd thereto, and when they have been approved of by the Visitor, approved of by they shall be binding upon all persons being Members or Offi- ^^ visitor. cers of the University and upon all Candidates for degrees. Scholarships, Prizes or Certificates of Honor to be conferred by the said University, and upon all others whom it may concern. 16 V. c. 89, s. 10. 14. A certified copy of every such Statute shall be deposited Copies to be with the Provincial Secretary within ten days after the passing Provlndal^'* thereof, to be laid before the Visitor of the University for his cretary. approval ; and no such Statute shall have force or effect until it be approved by the Visitor, and such approval has been signified through the said Secretary. 16 V. c. 89, s. 10. 15. By any such Statute approved as aforesaid power may be Certain powers given to any Committee, Officers or persons to make Regula- ^Yv statute^'" tions for better carrying out the provisions or object of any Statute of the University, in the manner and to the extent therein prescribed. 16 V. c. 89, s. 10. 16. In addition to the power of conferring Degrees in powertogrant Arts and Faculties vested in the said University, the Chancel- certificates of lor, Vice-Chancellor and Members of the Senate may, after °^°^' examination, grant Certificates of Honor in such branches of knowledge as they, from time to time, by Statutes to be made in that behalf, determine. 16 V. c. 89, s. 11. 17. All questions which come before the Chancellor, Vice- Majority to da- Chancellor and Members of the Senate, shall be decided by cide, &e. the majority of the Members present ; but in case of equality of votes, the m.3ix.\ra prcesumitur pro negante shall prevail. 16 V. c. 89, s. 12. ss 18. 706 Cap. 62. University of Toronto. 22 Vict Quorum. 18- No question shall be decided at any meeting unless the Chancellor or Vice-Ghancellor, and four other Members of the Senate, or in the absence of the Chancellor and Vice-Chan- cellor, unless five other members of the Senate, at the least, Legal meetings ^-^e present at the time of such decision, nor shall any Meeting of the senate, be legal unless held at the times or convened in the manner provided for by Statute to be passed as aforesaid. 16 V. c. 89, s. 13. Chajman. 19. At every Meeting of the Chancellor, Vice-Chancellor and Members of the Senate, the Chancellor, or in his absence the Vice-Chancellor, shall preside as Chairman, or in the absence of both, a Chairman shall be chosen by the Members present or a majority of them. 16 V. c. 89, s. 14. Officers. so. The Chancellor, Vice-Chancellor and Members of the Senate for the time being, may, from time to time, by Statute of the University, appoint all Examiners, Officers and Servants of the said University, except the Bursar, and may in like manner remove them or any of them. 16 V. c. 89, s. 15. Examination 21. The said Chancellor, Vice-Chancellor and Members of for degrees, &o. ^j^g Senate, once a1 least in every year, at a time or times to be fixed by Statute of the University, shall cause to be held an Examination of the Candidates for Degrees, Scholarships, Prizes or Certificates of Honor as aforesaid. Candidates to 32. At every such Examination the Candidates shall be Exlminers.^ ''^ examined by Examiners appointed for the purpose by the said Chancellor, Vice-Chancellor and Members of the Senate ; and the Candidates shall be examined orally or in writing or other- wise, in as many branches of general knowledge as the Chan- cellor, Vice-Chancellor and Members of the Senate consider the most fitting subjects for such examination. For Honors. 23. Special Examinations may be held for Honors. Examination 24. AH the foregoing Examinations shall be open and tobepubiic. public. 16 V. c. 89, s. 16. From what colleae, &c., students may be examined for degrees in arts. 25. In order to extend the benefits of Colleges and Estab- lishments already instituted in this Province for the pro- motion of Literature, Science and Art, whether incorporated or not incorporated, by connecting them with the said University, all persons shall be admitted as Candidates for the respective Degrees of Bachelor of Arts and Master of Arts, in the said University, on satisfying the Chancellor, Vice-Chancellor and Members of the Senate, by proper Cerlificates, that such persons have, in any of the Institutions hereinafter mentioned, gone through and completed such course of instruction as the Chancellor, Vice-Chancellor and Members of the Senate by Statutes made as aforesaid from time to time, determine. 16 V. c. 89, s. 17. 26. 1859, Utiiversihj of Toronto. Cap. 62. 7 07 38. The Institutions in which such course of instruction Governor may may be completed shall be all Colleges in Upper or Lower nominate Canada incorporated by Royal Charter or by Act of the Parlia- "'■^'"^' ment of this Province, or of either of the late Provinces of Upper or Lower Canada, and also such other Institutions, incorporated or unincorporated, now or at any time after this Act takes effect, established for the purposes of education within this Province, as the Governor from time to time pre- scribes to the Chancellor, Vice-Chancellor and Members of the Senate, under His Hand and Seal at Arms. 16 V. c. 89, s. 17. 27. And for the purpose of granting the Degrees of From what in- Bachelor of Medicine and Doctor of Medicine, and for the stitutions stu- cents m&v og improvement of Medical Education in all its branches, as well examined for in Medicine as in Surgery, Midwifery and Pharmacy, and for degrees in law the purpose of granting the Degrees of Bachelor of Laws and Doctor of Laws, respectively, the said Chancellor, Vice- Chancellor and Members of the Senate shall, from time to time, report to the Governor, through the Provincial Secretary, which appear to them to be the Medical Schools and Institutions, or the Law Schools and Institutions, in this Province, whether incorporated or unincorporated, from which, either singly or jointly with other Medical or Law Schools or Institutions in this Province, or in other parts of Her Majesty's Dominions, or in Foreign parts, it may be fit and expedient, to admit Can- didates for Degrees in Medicine or in Law, and on approval of such report by the Governor, the Senate shall admit any person to examination as a Candidate for the respective Degrees of Bache- lor of Medicine or Doctor of Medicine, Bachelor of Laws or Doctor of Laws, in the said University, on his satisfying the Chancellor, Vice-Chancellor and Members of the Senate, that he has attended in one or more of such Schools or Institutions during such period and that he has gone through and com- pleted such course of instruction as the regulations of the Senate determine. 16 V. c. 89, s. 18. 38. The Chancellor, Vice-Chancellor and Members of Affiliated insti- the Senate, may, from lime to time, with the approval of the tutions— what. Governor, vary, alter and amend any such reports, by striking out any of the Institutions or Schools included therein, or by adding others thereto ; and all Institutions from which, under this or the three last preceding sections Students may be exami- ned for Degrees, shall be said to be affiliated for that purpose to the University. 16 V. c. 89, s. 18. 39. The Chancellor, Vice-Chancellor and Members of powers to con- the Senate may, after examination, confer the several Degrees fer degrees in of Bachelor of Arts, Master of Arts, Bachelor of Laws, Doctor ties.^" of Laws, Bachelor of Medicine and Doctor oi' Medicine, and may examine for Medical Degrees in the four branches of Medecine, Surgery, Midwifery and Pharmacy; and such rea- sonable fees shall be charged to the Candidates for Examination, ss2 for 708 Fees. Cap. 62. University of Toronto. 22 Vict. standard of qualification for degrees, &c. Examiners to make a decla- ration ol'im- partiality. for Degrees or for Certificates of Honor as aforesaid, and shall be paid and applied as the Chancellor, Vice-Chan- eellor and Members of the Senate, by Statute from time to lime determine. 16 V. c. 89, s. 19. 30. The regulations of the Senate with respect 1o the literary and scientific attainments of persons obtaining Degrees or Certificates of Honor, and their Examination, shall, in so far as circumstances will, in the opinion of the Chancellor, Viee-Chancellor and Members of the Senate, permit, be similar to those in force for like purposes in the University of London, to the end that the standaxd of qualification in the University of Toronto may not be inferior to that adopted for a like Degree, Certificate of Honor in the University of London. 16 V. c. 89, s. 20. 8 1 . Each Examiner may be required to make the following declaration before the Chancellor or Viee-Chancellor : " [ solemnly declare that I ■will perform my duty of Exa- " miner without fear, favor, aflection or partiality towards any " Candidate, and that I will not knowingly allow to any Can- " didate any advantage which is not equally allowed to all." 16 V. c. 89, s. 21. - 35S. The Chancellor, Viee-Chancellor and Members of the Senate, may make such special Regulations as to them seem jUst, with regard to the examination of Students who had matricu- lated in the said University before the twenty-second day of April, one thousand eight hundred and fifty-three, and with regard to the completion by them of the prescribed course of instruction, but in so far only aS relates to the first Degree to be takenby any such Student after that day, subsequent to which they shall be subject to the same regulations as other Candidates. 16 V. c. 89, s. 22. S3. The Chancellor, Viee-Chancellor and Members of the Senate, may, according to regulations previously made and published, grant Scholarships, Prizes and Rewards to persons who distinguish themselves at their examination, and sudh Scholarships shall be of the nature and extent of those next mentioned, bul the sum to be expended for such purposes in any one year shall not exceed the sum appropriated for that purpose under the provisions hereinafter made. 16 V. c. 89, s. 23. N^ureof such 34. To each of such Scholarships an annual stipend shall scholarships. ^^ attached payable out of the University Incorhe Fund, for the periods and on the conditions fixed by the regulations of the University made by Statute in that behalf. 1 6 V. e. 89, s. 24. Title. 35. The holder of any Scholarship, granted under this and the two last preceding sections, shall have the title of "University Scholar ;" As to students in the Univer- sity before the 22nd April, 1853. Scholarships, prizes and rewards to be granted. 1859. University of Toronto,— and Unwersity College. C3i\). 62. 709 Scholar ;" and every Scholarshi}i in the University of Toronto granted before the twenty-second of April, one thousand eight hundred and fifty-three, and between that day and the day on which this Act comes into force, shall be a University Scholar- ship in University College hereinafter mentioned, and the holder thereof shall have the said title of " University Scholar." 16 V. c. 89, s. 24. 36. The said Scholarships shall be held to be University Said scholar-: Scholarships in any of the affiliated Institutions in Upper sJiips tobeUni- Canada, and for the purpose of being awarded according to the sh[ps7 proficiency manifested on examination in prescribed subjects, shall be so held by the Chancellor, Vice-Chancellor and Mem- bers of the Senate. 16 V. c. 89, s. 24. S7. All Statutes of the University heretofore made under what acts to any Act of Parliament relating to the said University and remain in force. which are in force on the day this Act takes effect, shall remain in force, in so far as they are not inconsistent with this Act, until repealed or altered by the Chancellor, Vice-Chan- cellor and Members of the Senate of the University. 16 V. e. 89, s. 26. 38. The Senate of the University shall annually report Senatetomake to the Governor, at such time as he may appoint, on the gene- cerum reports ral state, progress and prospect of the University, and upon all nor. matters touching the same, with such suggestions as they think proper to make ; and the Senate shall also at all times, when thereunto required by the Governor, inquire into, examine and report upon any subject or matter connected with the University; and copies of such annual or other report^ shall Copies lo be be laid before both Houses of the Provincial Parliament at the jfiment!'^ ^^'" then next Session thereof 16 V. c. 89, s. 26. UNIVEESITY COLLEGE. 39. The Collegiate Institution heretofore constituted at the college,. Presi- City of Toronto, by the name of University College, and the dent, &o., to body corporate called " The Councilof University College," and ibre.'""'' the President, Professors, Officers, Servants, and all, other exist- ing appointments, and all statutes, by-laws, rules and regula- tions of such Council, are hereby continued, subject to the provisions of this Act. 4@. The said College shall be under the direction, manage- The Council of ment and administration of the said Body Corporate called The JJ°eTo mana° e Cou?icil of University College, and such Body Corporate shall the College, ° have perpetual succession and a Common Seal, with power to '^''• hold real and personal property, subject to the provisions herein- after made, and shall be capable of suing and being sued, plead- ing and being impleaded by the name aforesaid, and shall have other the usual powers of Corporate Bodies, according to the Interpretation 7 1 Cap. 63, University College. 22 Vict. Interpretation Act, subject to the said provisions. 16 V. c. 89 s. 27. Members of the 41. The Said Corporation shall consist of a President, Council. Vice-President, and such Professors as may from time to time be appointed to Chairs in the said University College. 16 V. c. 89, s. 28. Governor to be 42. The Governor shall be the Visitor of the said College vMitor, &o. on behalf of the Crown, and his visitatorial powers may be exercised by Commission under the Great Seal, and the pro- ceedings of any Commission so appointed being confirmed by the Governor, shall be binding on the said College and the Council thereof, and on all persons whomsoever. 16 V. c. 89, s. 36. Meetings of the 43 The President, or in his absence the Vice-President, """"^ ■ or if both be absent, then the Senior Member of the Council present, shall preside at all Meetings of the said Corporation, and in case of an equal division of votes among the Members present, the rule prcBsumitur pro negante shall prevail; and among Members appointed at the same time, or on the same day the order in which their appointments were made shall be the order of Seniority ; and all such Meetings shall be held at the times to be prescribed by the Statutes of the said College. 16 V. c. 89, s. 29. Quorum. 44. Any five Members of the said Council shall be a quorum for transacting the business of the Council and doing Majority to de- all things which the Council may lawfully do ; and all things done at any Meeting of the Council shall be ordered by the majority of the votes of the Members present thereat, subject to the provision hereinbefore made for the case of an equal divi- sion of votes. 16 V. c. 89, s. 30. Council to 4>'5. The said Council may make Statutes for the good focerta^rmfr- government, discipline, conduct and regulation of the said poses. College, and of the Professors, Teachers, Students, Officers and Servants thereof, for regulating the Fees to be paid by Students or persons attending lectures or receiving instruction in the said College, and the times of regular Meetings of the Council, and generally for the management of the property and business thereof, and for any purpose necessary for carrying this Act into effect according to its intent and spirit in cases for which no provision is made, so that such Statutes be not inconsistent with this Act or the laws of this Province, and the Council may from time to time amend or repeal the same ; but no Statute made by the said Council shall have force and effect until it has been submitted to the Visitor of the said College and by him approved ; and a certified copy of all such Statutes shall be transmitted to the Provincial Secretary, within ten days from the passing thereof, to be submitted to the said Visitor for his approval. 16 V. c. 89, s. 31. 4S. cide. 1359. University College. Cap. 63. 7|| 46. There shall be in the said College such Professors, Council to Lecturers and Teachers, and there shall be taught in the said ^^^^^aof^ College such Sciences, Arts and Branches of Knowledge, as knowledge to the Council, by Statutes in that behalf, from time to time deter- l^e taught. mines, such Statutes being consistent with the Statutes of The University of Toronto, as regards the prescribed subjects of Examination; but there shall be no Professor or Teacher of Divinity in the said College , and there shall be no Profes- sorship or Teachership of Law, or of any of the branches of Medicine or Surgery, except in so far as the same may form part of ageneral system of liberal Education. 16 V. c. 89, s. 32. 47. The President and Vice-President, Professors, Lee- President, &c., turers. Teachers, Officers and Servants of the said College ^^ "JheToler-^ shall be appointed by the Governor, after such examination, nor. inquiry and report as he considers necessary, and shall hold , office during his pleasure. 16 V. c. 89, s. 33. 48. No religious test or profession of religious faith shall No religious be required of any Professor, Lecturer, Teacher, Student, ['^*''.'^''°'^ Officer or Servant of the said College, nor shall religious obser- vances, according to the forms of any particular religious deno- mination be imposed on them or any of them ; but the Council may make such Regulations as they think expedient touching the moral conduct of ihe Students and their attendance on pu- blic worship in their respective Churches or other places of ■ religious worship, and respecting their religious instruction by their respective Ministers, according to their respective forms of religious faith, and every facility shall be afforded for such purposes. 16 V. c. 89, s. 34. 49. Any person, body politic or corporate may found Pro- Professorships fessorships, Fellowships, Lectureships, Scholarships, Exhibi- ^^^^"^9^^' tions. Prizes and other Rewards, in the said College, by provid- parties, and ing a sufficient endowment in land or other property, and sarren- ^°'^- dering or conveying the same to the Crown for the purposes of the said College, and thereupon suing out Letters Patent from the Crown, instituting, establishing and endowing the same with the property so provided for that purpose as aforesaid. 16 V. c. 89, s. 35, 50. Id such Letters Patent shall be set forth such Rules and Letters patent Regulations for the appointing to and conferring of such Pro- shall set torth fessorships. Fellowships, Lectureships, Scholarships, Prizes or ' other Rewards, as the respective Founders thereof, with the ap- probation of the Crown, think fit to prescribe for that purpose, all which Rules and Regulations the authorities of the said Col- lege shall observe and give effect to, as in the said Letters Patent may be directed. 16 V. c. 89, s. 35. 51. Every endowment of lands or other property of the en- Endowment i» •dowment as aforesaid shall be vested in the Crown for the ^h/cjo^,™ purposes 712 ^^P- ®^' University College, cf-c. 22 Vict. purposes for which it was given, and also any property real or personal, given, devised or bequeathed to the said College or for the use thereof. Certain profes- 53. No Professorship or Lectureship shall be so founded S«f '^°' for the teaching of any subject which under this Act is not to be taught in the said College. 16 V. c. 89, s. .35. Council to re- 53. The Council of the said College shall annually report tothe (Jovir- ^ the Governor, at such time as he may appoint, on the ge- nor. neral state, progress and prospects of the College, and upon all matters touching the same, with such suggestions as they may think proper to make ; and the said Council shall also, at all times when thereunto required by the Governor, inquire into, examine and report upon any subject or matter connected Copies to be with the said College ; and copies of such annual or other re- li^ment?''^^"" PO'ts shall be laid before both Houses of the Provincial Parlia- ment at the then next Session thereof. 16 V. c. 89, s. 37. Terms, &c., 54. All terms kept or studies or exercises performed in the forme'r'univer- University of Toronto as constituted before the twenty-second sity of Toronto, day of April, one thousand eight hundred and fifty-three, shall studlnts!° ^^ valid and effectual, and shall be deemed to be terms kept, or studies or exercises performed in University College-; and the Statutes and Regulations of the said University in force at the time this Act takes effect shall, so far as not inconsistent with this Act, remain in force and apply to University College until repealed or altered by Statutes made by virtue of this Act. 16 V. c. 89, 3. 38. UPPER CANADA COLLEGE AND ROYAL GRAMMAR SCHOOL. Who to control 55. The Upper Canada College and Royal Grammar vSchool, U.c. College. ^^^^ ^^^ ^j^^ affairs and business thereof, shall be under the control, management and direction of the Chancellor, Vice- Chancellor and Members of the Senate of the University of Toronto, subject to the provisions ofthis Act. 16 V. c. 89, s. 39. Governor to 5S. The Governor shall be the Visitor of the said College be the visitor, ^^d Royal Grammar School, on behalf of Her Majesty, and his visitatorial powers may be exercised by Commission under the Great Seal, the proceedings whereof, having been first confirmed by the Governor in Council, shall be binding upon the said College and Royal Grammar School, and upon the said Senate and all others whomsoever. 16 V. c. 89, s. 40. Senate of Uni- 5T. The Chancellor, Vice-Chancellor and Members of the swutefoTh*? Senate of the University of Toronto, may make Statutes for the government of good government, conduct and regulation of the said College this Institution. j^„j Royal Grammar School and of the Principal, Masters, Pupils, Officers and Servants thereof, for regulating the fees to be paid by Pupils receiving instruction in the said College, and 4869. U. C. College and Royal Grammar School. Cap. 62. 7] 3 and in cases in which no provision is made by law, may make Statutes generally for the management of the business and affairs thereof, and for any purpose necessary for carrying this Act into effect according to its intent and spirit, such Statutes not being inconsistent with the provisions of this Act or the laws of the Province, and may from time to time amend or repeal the same. 16 V. c. 89, s. 41. 58. The Chancellor, Vice-Chancellor and Senate, may And ibrem- by any such Statutes empower the Principal to make Regu- poweringthe lations for the government of the Masters and Pupils, Officers make reguia- and Servants, and for the conduct and discipline of the said {^"na/mana '"" College and Royal Grammar School, in such matters and to mem. such extent as may be limited in such Statutes, and subject to such control or approval as may be therein mentioned. 59. No such Statute shall have force and effect until it has statutes to have been submitted to the Visitor of the said College and Royal "o '^ce until Grammar School, and by him approved ; and a certified copy the Governor, of all such Statutes shall be transmitted to the Provincial Secretary, within ten days from the passing thereof, to be sub- mitted to the said Visitor for his approval. 16 V. c. 89, s. 41. 60. There shall be in the College and Royal Grammar officers of the School, a Principal, and such Masters, Officers and Servants, College. as may from time to time be directed by any Statute relating to the said Institution, approved as aforesaid, and the salary and emoluments attached to each such office shall be from time to time fixed by Statute. 16 V. c. 89, s. 42. 61. The Principal, Masters, Officers and Servants shall officers to be be appointed by the Governor and shall hold Office during his f^P^^o^ernor. pleasure ; but until otherwise ordered by the Governor, the present Principal, Masters, Officers and Servants of the said Insti- tution shall remain in Office, and until otherwise ordered by Statute, the Salaries and Emoluments attached to the several Offices shall be those now attached to the same respectively. 16 V. c. 89, s. 42. 6S. All Statutes, Rules and Ordinances of the said College Present stattites and Royal Grammar School in force on the day this Act takes t° remain ai effect, and which are not inconsistent with the provisions pealed. hereof, shall be and continue in force, until repealed, altered or amended by some Statute made as aforesaid for that purpose. 16 V. c. 89, s. 43. 63. No religious test or profession of religious faith shall No religious be required of any Principal, Master, Pupil, Officer or servant J.e*';,-^(i'' '"-''° of the said College, nor shall religious observances, according ''''^""'^' ' to the forms of any particular religious denomination, be imposed on them or any of them ; but the Chancellor, Vice-Chancellor and Members of the Senate of the University of Toronto, may, by '714 Cap. 63. U. of Toronto — Endowment — Bursar. 22 Vici?. by Statute, make such Regulations as they think expedient touching the moral conduct of the Pupils and their attendance on public worship in their respective Churches or other places of religious worship, and respecting their religious instruction by their respective Ministers, according to their respective forms of religious faith, and every facility shall be afforded for such purposes. 16 V. c. 89, s. 44. Senate to make 64. The Chancellor, Vice-Chancellor and Members of the to theVover^ Senate of the University of Toronto, shall annually report to the nor. Governor, at such time as he may appoint, on the general state, progress and prospects of the College and Royal Grammar School and upon all matters touching the same, with such sug- gestions as they may think proper to make ; and shall also, at all times when thereunto required by the Governor, inquire into, examine and report upon any subject or matter con- nected with the said College and Royal Grammar School ; Copies to be and copies of such annual or other reports shall be laid before laid before Par- ^^^^i Houses of the Provincial Parliament at the then next Ses- sion thereof. 16 V. c. 89, s. 45. liament. ENDOWMENT AND PROPERTY. I All institution 0«>. All the property and effects, real and personal, of what m°Ercrown?^ nature or kind soever, vested in the Crown when this Act takes effect in trust for the purposes of any of the Institutions in this Act named and provided for, shall continue so vested for the purposes of and subject to the provisions of this Act, and all property, real and personal, given, devised or bequeathed to or for the same purposes, after this Act takes effect shall be vested in the Crown for the purposes hereof, and all such property shall be managed and administered, under the orders of the Governor in Council, by an Officer to be appointed by Commission under the Great Seal of this Province to hold his office during plea- sure, and to be called the Bursar of the University and Col- leges at Toronto. 16 V. c. 89, s. 46. THE BURSAR. University may 66. The Bursar of the University of Toronto may demise at lease to City g, nominal rent, for a period of nine hundred and ninety-nine My^^^Sof^ years, to the Corporation of the City of Toronto, in trust for the land, adjacent purposes of a Park, as well for the use of the Professors, Stu- .a°park. ^^ '^' dents and other Members of the University, as of the public generally, and for no other purpose whatsoever, so much of the land vested in Her Majesty as aforesaid, situate within or adjacent to the limits of the said City, as the said Chancellor, Vice-Chancellor and Members of the Senate of the said Univer- sity may, by By-law approved of by the Governor in Council, set apart for such purposes, not exceeding in the whole fifty acres, and upon such terms and conditions as have been or may after this Act takes effect, be agreed upon between the said University 1859. University of Toronto, Bursar. Cap. 62. 715 University and the Council of the said Corporation. 22 V. c. 110, s. 1. 67. So long as the said lease remains in force, the land so Land so leased, demised shall be deemed to be and shall be taken to form a 'o.^ep^"''"^*?^^ part of the said City of Toronto; and the residue of the lands so dnlfoftheUni- vested in Her Majesty as aforesaid, adjacent to the said Park, versity— lands shall be subject to all the Police Regulations of the said City of suljeS'to'its Toronto, and to all By-laws of the said City in that behalf, police regnia- 22 V. c. 110,s. 2. Ilr"^ ^' 68. The Salary of the said Bursar shall be fixed by the Gov- Bursar's salary ernor in Council at such amount not exceeding one thousand {^e'^G^ernor. six hundred dollars per annum, as may seem meet, and the said Bursar shall be allowed by the Governor in Council such assist- ance in his office as may be found necessary. IG V. c. 89, s. 47. 69. The said Bursar shall have a seal of office, and shall 'Bm&a^ to have have such powers as may from time to time be assigned to "^eai, &c. him by the Governor in Council, for the management and ad- ministration of the said property, the leasing of the same, or making agreements for the sale thereof, and the receiving of the rents, issues and profits thereof or the proceeds of the sale of any part thereof, or of any moneys in any way arising therefrom, and he shall account for and pay over the same in such manner as the Governor from time to time directs. 16 V. c. 89, s. 47. 70. The Bursar shall give secarity to the Crown for the Bursar lo give due performance of his duties and the faithful accounting for ^ecunty to the and paying over all moneys which come into his hands as such Bursar, in such amount, with such securities, and in such manner and form as the Governor in Council may direct. 16 V. c. 89, s. 47. 71. The said Bursar shall, as regards bis obligation to Responsibihty account for and pay over the moneys which come into his of the Bursar. hands as Bursar, be deemed to be an Officer employed in the col- lection of the Provincial Revenue, and shall, in case of his default, be liable to be dealt with accordingly. 16 V. c. 89, s. 47. THE bursar's accounts. 72. At such time in each year as the Governor may appoint, Totransmitan- the said Bursar shall make and transmit to him an annual "o"heGovernor account of the property under the Bursar's management and of to be laid before his official receipts and expenditure ; and a copy of each account Parliament, shall be laid before each House of the Provincial Parliament at the then next Session thereof : 16 V. c. 89, s. 47. And 716 Cap. 62. University of Toronto, Deeds^ Income fund. 22 Vict. AVhat such, ac- And each such Annual Account shall shew, among other eountamust things- 1. The number of acres of land originally gi-anted for the endowment of the said University, or of the said Upper Ca- nada College and Royal Grammar School ; 2. The number of acres sold, and at what rate ; 3. The total amount of sales ; 4. The amount received on account thereof, and the amount due; 5. The amountof Capital invested, and the amount expended to the end of the preceding year ; 6. The amount received, and a detailed account of the amount expended for the preceding year, in salaries, contin- gent expenses and buildings, specifying the duties of the per- sons receiving such salaries, and the purposes of such buildings. 16 V. c. 89, s. 47. DEEDS OF -CONVEYANCE. Provision for 73. And in order to facilitate the transfer and conveyance transfer of pro- °f ^^^ property so as aforesaid vested in Her Majesty, the pertysoid. Governor may from time to time issue a Commission, under the Great Seal, to the Bursar of the University and Colleges at Toronto, authorizing the said Bursar under his hand and seal of office, to transfer and convey any of such property to pur- chasers and others entitled to receive conveyances thereof; and all such transfers and conveyances may be made accord- ing to the form in the Schedule to this Act, or in words to the like effect; and the same shall to all intents and purposes grant, transfer and convey the lands therein set forth, to the parties therein specified, according to the quality of the estate and the conditions and provisions therein mentioned, in the same manner and with the like effect, as if the same had been directly granted by the Crown under the provisions of this Act ; but nothing herein contained shall prevent the Crown from granting such lands directly. 16 V. c. 89, s. 48. Transfers to be t^. All such transfers and conveyances shall be registered registered, &c. j^ the Registry Office of the County in which the lands are situate, in like manner and subject to the same provisions of law as conveyances from and to private parties. 16 V. c. 89, s. 48. ' GENERAI. INCOME FUND. General in- 75. The fees received for tuition, examination, degrees, '^^'"tt^t"(f certificates of honor or otherwise, in the said University of Toronto, in University College, and in Upper Canada College and Royal Grammar School, or such part thereof as may be payable into the general funds thereof, the rents, issues and profits 1659. University of Toronto^ Income fund. Cap. 63. 7 17 profits of all such property as aforesaid, and all the interest on the purchase money of any part of such property sold and not wholly paid for, or on moneys arising from the sale of any such property and invested at interest, and all other casual and periodical incomings, including any donations or subscriptions touching which it has not been otherwise ordered by the Donors, shall be deemed Income for the purposes of Ihis Act, and shall form the General Income Fund, and may be expend- ed for the purposes and under the authority of this Act. 16 Y. c. 89, s. 49. 76. The purchase money of any such property sold, and the Permanent principal of any money invested, shall be deemed permanent ^"'"•■ property, and shall not (except only in the case hereinafter provided for) be expended or diminished in any way, but shall remain as a Permanent Fund for the support of the said Institutions and the purposes of this Act. 16 V. c. 89, s. 49. 17. That part of the said General Income Fund v/hich is income Fund derived from property heretofore vested in the Corporation of anY™Sma?^ Upper Canada College and Royal Grammar School, or from School. other property held for the use of, or from fees received in the said College and Grammar School and payable into the general funds thereof, shall be applied to defray the current expenses of the said Institution only, and shall form the special Income Fund thereof, and shall be applied under the direction of the Governor in Council, to defray the current expenses of the sai4 College and Grammar School and those to be incurred in the manage- ment of the endowment and funds thereof and the maintenance and repairs of property assigned for its use, and the surplus, if any, after defraying all charges thereon, shall form part of the Permanent Fund aforesaid, and shall be invested in such man- ner as the Governor in Council may direct ; and all moneys Permanent forming part of the said Permanent Fund and arising from such *ame°*^*''^ surplus as aforesaid, or from property heretofore vested in the said Corporation, shall be permanently appropriated to the support of the said Upper Canada College and Royal Grammar School. 16 V. c. 89, s. 50. 78. Out of the remainder of the General Income Fund, University In - (which remainder shall be called the University Income Fund,) ^^^ge^paya"'' after paying the charges of management, the Governor in bie out of it. Council may appropriate yearly, the sum required to defray the current expenses of the said University of Toronto, includ- ing Scholarships, Rewards and Prizes, and to defray the cur- rent expenses of University College; including in both cases the care, maintenance and ordinary repairs of the property assigned for the use of the said University or College, and with power to the Governor in Council to decide what shall be deemed ordi- nary repairs as distinguished from permanent improvements. 16 V. c. 89, s. 51. 79. 718 Cap. 62. University of Toronto — Buildings. 22 Vict, In what man- ner appropria- tions out of the said funds may be made. 79. In making such appropriations for the current expenses of the said University, or of University College, or of Upper Canada Royal College and Grammar School, the Governor in Council may either direct the particular purposes to which the whole or any part of the sum appropriated shall be applied, or place the whole or any part of such sum at the disposal of the Senate of the said University or of the Council of the said College, to be applied under the provisions of Statutes in that behalf, approved as aforesaid. Sums may be 80. By such Statutes the said Senate or Council may place ''o^S'of al;"" ^^■'y sums at the disposal of any Committee, or persons, to be mitteebysta- applied by them according to the directions of such Statute.s, uites of the q^ jq their discretion, to purposes to be therein named. 16 V. ""^"^ c. 89, s. 62. Surplus how to 81. Any surplus of the said University Income Fund re- pria'ted™' maining at the end of any year after defraying the expenses payable out of the same, shall constitute a Fund to be from time to time appropriated by Parliament for Academical Education in Upper Canada. 16 V. c. 89, s. 54. CONTINGENT EXPENSES. Expenses of Bursar's office how paid. Portions of pro- perly to be as- sig^ned tor use of the said Institutions. 83. The expenses of the Bursar's office and the manage- ment of the property aforesaid shall be paid out of the said Gena- ral Income Fund hereinbefore mentioned, and shall be the first charge thereon, and the Governor in Council shall from time to time determine what share thereof shall be paid out of that por- tion of the said Fund belonging to Upper Canada College and Royal Grammar School. 16 V. c. 89, s. 66. 83. The Governor in Council shall from time to time assign for the use and purposes of the said University, of the said University College, and of Upper Canada College and Royal Grammar School, respectively, such portions of the property vested in the Crown as aforesaid, as may be necessary for the convenient accommodation and business of the said Institutions respectively ; and the property so assigned for the use of each shall be deemed to be in the legal possession and under the control of the Senate or Council of such Institution. 16 V. c, 89, s. 66. IMPKOVEMENT OF BUILDINGS. Governor in Council may authorize im- provements. 84. The Governor in Council may authorize such perma- nent improvements or additions to the buildings on the said property as may be necessary for the purposes of the said Insti- tutions respectively, and may direct the cost thereof to be paid out of that part of the Permanent Fund aforesaid hereby made applicable to the support of the Institution for the purposes of which the improvement or addition is made. 16 V. c. 89, s. 57. 85. 1869; Univer''y of Toronto — Form of Conveyances. Cap. 62, 63. 71^ 85. For all the purposes of this Act, and of all accounts to Fiscal year. be kept and payments or expenditure to be made under it, the fiscal year shall coincide with the calendar year. 16 V. c. 89, s. 58. SCHEDULE. To all to whom these presents shall come : Whereas A. B. of , is entitled to receive a conveyance of the lands hereinafter mentioned, which lands are part of certain property vested in Her Majesty, in trust for the purposes of the University of Toronto, University College, and Upper Canada College and Royal Grammar School ; And whereas under the provisions of the Statute relating to such University, College and Royal Grammar School, C. D. of , the Bursar of the said University of, and Colleges at Toronto, has been authorized by a Commission under the Great Seal of this Province to transfer and convey any of the pro- perty aforesaid to purchasers and others entitled to receive con- veyances thereof : Now these presents witness that the said C. D., as such Bursar, under and by virtue of the said Commis- sion and the Statute, in that behalf and in consideration of the sum of paid therefor by the said A. B., hereby grants, transfers and conveys to the said A. B., his heirs and assigns for ever {or as the case may be), all that certain parcel or tract, of land, being lot, &c. [as the case may be), which said land is bounded or may be known as follows, &c. {describe the land by its boundaries, and insert any reservations, conditions or pro- ' visos). In witness whereof the said C. D., as Bursar aforesaid, has hereunto set his hand and affixed the seal of his office, this day, &c. Signed, sealed and delivered ) C. D., in presence of \ Bursar. [L.S.] CAP. LXIII. An Act respecting Grammar Schools. HER Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows : 1. There shall be one or more Grammar Schools in Name of each each County and Union of Counties in Upper Canada to be Grammar distinguished by prefixing to the term " County " the name of the City, Town or Village within the limits of which it may be situate. 47 G. 3, c. 6, s. 2,-16 V. c. 186, s. 12. 3. The Grammar School of the County or Union of which shaU be Counties situate at the County Town of any County or Union g^oo"'"' of Counties in Upper Canada, shall be the Senior County Grammar 720 Cap. 63. Grammar Schools. 22 Vict. Grammar School of such County or Union of Counties, and if the Assizes for any of such Counties or Union of Coun- ties are usually held in a City, such City for the pm-poses of this Act shall be considered a County Town. 16 V. c. 186, s. 13. Where such' i 3. All Other Grammar Schools established, on or before the fuuatecf'"'" ^ ^^^^ January, one thousand eight hundred and fifty-four, shall be continued at the places where they are respectively held ; but the Board ofTrusteesof each of the said Schools may change the place of holding such School by a resolution to be passed for that purpose and approved of by the Governor in Council ; and the place of holding any Grammar School established since the first January, one thousand eight hundred and fifty-four, may be changed by the County Council of the County within which it is established. 16 V. c. 186, s. 15. Investment of ■Orammar School Funds. ■Special grant to Senior Schools. Annual income to be distribut- -ed. Basis. Del'ective cen- sus provided .against. 4. All moneys arising from the sale of lands at any time set apart for the encouragement of Grammar Schools in Upper Canada, and not specially granted to or vested in or for the benefit of any particular College, Grammar School, or other Seminary or place of Education, or otherwise departed with by the Crown, and all annual grants which have been or may, after this Act takes effect, be made by Parliament, or which may be otherwise available from any other sources for that purpose, shall form a fund to be called The Upper Canada Grammar School Fund^ and shall be invested in Government or other secu- rities by the direction of the Governor in Council. 16 V. c. 186, s. 1. o. Out of the annual income of such Fund, the sum of four hundred dollars shall be appropriated for the teacher of the Senior Grammar School in each County, (unless the average number of scholars be under ten) and if the average number of scholars be under ten, then the sum of two hundred dollars shall be so appropriated. 69 G. 3, c. 4, ss. 2, 11,-16 V. c. 186, s. 1. 6. After deducting such yearly sum of four hundred dollars or two hundred dollars appropriated for each senior Grammar School as aforesaid, the Chief Superintendent of Education shall annually apportion the residue of such annual income to the several Coun- ties and Unions of Counties in Upper Canada, according to the ratio of population in each Comity and Union of Counties as com- pared with the population of Upper Canada. 16 V. c. 186, s. 1. y. If in case of a defective census, the Superintendent thinks it expedient, he may, with the approbation of the Governor in Council, apportion such residue according to the best evidence which he can obtain of the relative proportions of such population, having respect to an equitable apportion- ment thereof according to the said ratio of psSpulation. 16 V. c. 186, s. 1. .,,.■ || 8. i859. Grammar Schools. Ca"!). 63. 721 8. The sums of tnoney annually apportioned to each Money payable Cotinty, as aforesaid, shall be payable to the Treasurer o['^^^y^^Y- the Ctiunty entitled to receive it, one half on or before the first day of July, and the other half on or before the thirty-first •day of December, in each year, in such manner as may be deter- mined by the Governor; and such moneys shall be expended For Teachers' in the payment of the salaries of Teachers, and for no other salaries. purpose. 16 V. c. 186, ss. 3, 4. 9. The sums of money apportioned out of the Grammar share of each School Fund to each County, shall be distributed amongst f^^™""" the several Grammar Schools of the County within the res- trictions imposed by this Act, and under such rules and re- gulations as may from time to time be made by the Council of Public Instruction for Upper Canada, and approved by the Governor in Council. 16 V. c. 186, ss. 3, 4. 10. In addition to the sums applicable in aid of Grammar GrantforSupe- Schools as aforesaid, or under the one himdred and twentieth "or Educatioa section of the Act respecting Common Schools in Upper Ca- nada the sum of twenty thousand dollars shall be yearly appropriated out of the Consolidated Revenue Fund of this Province, for the encouragement of superior Education in Upper Canada, and shall be distributed among the several Col- legiate Educational Institutions in Upper Canada, or such of Distributed by them as may be designated by an annual vote of the Provin- Parliament. cial Parliament. 19 V. c. 54, s. 18. 1 ] . The Council of public instruction shall appoint Inspect- council to ap- ors of Grammar Schools, prescribe their duties and fix their pointlnspeciors .- of Grammar remuneration. Schools. IS. In each County Grammar School provision shall be Grammar made for giving, by a Teacher or Teachers of competent pare^pup^i's^OT* ability and good morals, instruction in all the higher branches University of of a practical English and Commercial Education including ^rJafnc^i? the Elements of Natural Philosophy and Mechanics, and also leges. in the Latin and Greek Languages and Mathematics so far as to prepare students for University College or any College affi- liated to the University of Toronto, according to a programme Programme of of studies and general rules and regulations to be prescribed s'"'*'^- by the Council of Public Instruction for Upper Canada, and approved by the Governor in Coucil ; And no Grammar Special condi- School shall be entitled to receive any part of the Grammar ''^s- School Ptind, which is not conducted according to such programme, rules and regulations. 16 V. c. 186, s. 5. 13. No person (except a Graduate of some University,) shall Qualification be appointed Master of a Grammar School unless he has pre- scWi^MaT- viously obtained a Certificate of qualification from a Committee ters. of Examiners (one of whom shall be the Head Master of the Normal School,) apppinted by the Council of Public Instruc- tion. 16V.C. 186,s.ll,No.i2. TT % 14. 722 Cap. 63. Grammar Schools. 23 Vict. Heads of Col- leges to be Members of C. P. f. Council to prescribe rules. 14. The President of University College and the Presi- dent or other Head of each of the Colleges in Upper Canada affiliated to the University of Toronto, shall, for the purposes of this Act, be Members of the Council of Public Instruction. 15. Such Council shall prepare and prescribe a list of text- books, programme of studies, and general rules and regulations for the organization and government of the County Grammar Schools, to be approved by the Governor in Council, and shall also appoint Inspectors of Grammar Schools, prescribe their duties and fix their remuneration. 16 V. c. 186, s. 6. DUTIES OF MUNICIPAL COUNCILS. Municipal 16. The Municipal Council of each County, Township, Councils may City, Town and Incorporated Village, may, from time to time, levy and collect by assessment such sums as it judges expedient, to purchase the sites of, to rent, build, repair, furnish, warm and keep in order. Grammar School Houses and their appendages, grounds and enclosures, and for procuring appara- tus and text-books, and for providing the salary of the Teachers, and for all other necessary expenses of such County Grammar To -whom pay- Schools ; and all sums so collected shall be paid over to ^ *■ the Treasurer of the County Grammar School for which the When. assessment is made ; And the sums raised by local assess- ment or subscriptions for the support of Grammar Schools shall be payable each year on or before the fourteenth day of De- cember. 16 V. c. 186, ss. 2, 3. Additional 1 7. The several County Councils may establish additional SchTOh maybe Grammar Schools within the limits of their Municipality, andap- point Trustees therefor according to the twentieth Section of this Act, but no new Grammar School shall be established until the state of the Grammar School Fund permits the application of a sum equal at the least to two hundred dollars annually to such new School, after deducting for each Senior County Grammar School the sum of four hundred dollars, and for each of the other Grammar Schools within such County, the sum of two hundred dollars annually. 16 V. c. 186, s. 14. established. Condition. CHIEF SUPERINTENDENT. ChiefSuperin- tendent to noti- fy apportion- ment. 18. The Chief Superintendent of Education for Upper Canada shall, on or before the first day of May in each year, notify each County Council, through the Clerk of the Council, of the annual apportionment of Grammar School moneys to such County, and shall give notice of the same to the Minister of Finance. 16 V. c. 186, s. 3. ChiefSuperin- tendent to re- port annually 19. The Chief Superintendent of Ediication shall malie annually to the Governor on or before the first day of July, a report of the actual state of the Grammar Schools throughout Upper 1859. Grammar Schools. Cap. 63. 723- Upper Canada, showing the amount of moneys expended in on Grammar. connection with each and from what sources derived, with '^'^'^oo's- such suggestions for their improvement as he deems useful and expedient, — he shall see that the County Grammar School SuptrintenJ Fuad apportioned by hipi, is, in all cases, applied to the pur- '!'« administra- poses hereinbefore prescribed, and that each County Grammar funds, &c. School is conducted according to the rules and regulations legally established, and he shall prepare suitable forms, and give such instructions as he judges necessary and proper for making all reports and conducting all proceedings under this Act, and shall cause the same, with a sufficient number of Fumisii oopie« copies of this Act and, so far as the same relate to Grammar °' ■*''^'' Schools, copies of the general rules and regulations established and approved of as aforesaid, to be printed in a convenient form and transmitted to the parties required to execute the pro- visions of this Act. 16 V. c. 186, s. 7. TRUSTEES. SO. In each County in which one or more Grammar Grammar " ' " ■ Trustees ' Schools. Schools are established, there shall be a Board of Trustees, trustees of consisting of not less than six nor more than eight fit and proper persons, appointed by the County Council in the manner hereinafter provided ; of which Board three shall be a quorum n^g^^^ for the transaction of business. 16 V. c. 186, ss. 9, 10. 21. The Members of each Board of Trustees for each Retirement of Grammar School in each County, in office at the time this Act Trustees, comes into force, shall continue in office as such Trustees until the thirty-first day of January then next, unless a vacancy occurs for which provision is hereinafter made, and on the said thirty- first of January, and annually on the thirty-first of January in each year, two of the Members of each Board of Trustees for the time being shall retire from the said board in rotation ac- cording to seniority in office. 16 V. c. 186, s. 9. 23. The County Council shall fill up any occasional Occasional ra- vacancy in the said Board, and the person appointed to fill such nancies sup- vacancy shall hold office for the unexpired part of the term for which the person causing such vacancy had been appoint- ed to serve, it V. c. 186, s. 9. 23. The County Council shall, at its first meeting to be Annual ap- held after the first day of January in each year, appoint two p?*"'™™'* °^ Trustees to fill the vacancies caused by the annual retire- ment of two Trustees as aforesaid ; but any retiring Trustee may (with his own consent) be re-appointed, and all Trustees for the time being shall hold office until their successors are appointed as herein provided. 16 V. c. 186, s. 9. 34. The Board of Trustees of each County Grammar School Trustees to be shall be a Corporation by the name of "The Trustees of the =^ Corporation. County Grammar School," prefixing to the term " County" TT^ the 724 Cap. 63. Grammar Schools. 23 Vkct. Powers as such. the name of the City, Town or Village within which such Grammar School is situated ; and shall have and possess all the powers usually enjoyed by Corporations so far as the same are necessary for carrying out the purposes of this Act ; and they shall meet at or near the place where each such School is held, on the first Wednesday in February in each year. 16 V. c. la6, s. 11. Duties of trus- ties. Appointing Officers, &c. Charge of School. Master and Teachers. 25. It shall be the duty of such Trustees-- 1. To appoint annually, oroftener, from amongst themselves, a Chairman, Secretary and Treasurer, and subject to the pro- visions hereinbefore contained, to fix the times and places of the Board meetings, the mode of calling and conducting such meetings, and of keeping a full and correct account of the proceedings of such meetings ; 16 V. c. 186, s. 11. No. 1. 2. To take charge of the County Grammar School for which they are appointed Trustees, and the buildings and lands appertaining to it ; 3. To remove, if they see fit, and, in case of vacancies, appoint the Master and other Teachers in such School, and to fix their salaries and prescribe their duties ; Officers, &0. 4. To appoint such other oflScers and servants in such School as they may judge expedient, and fix their remuneration ; Care of School. 5. To do whatever they deem expedient with regard to erect- ing, repairing, warming, furnishing and keeping in order, the buildings of such School and its appendages, lands and enclo- sures, belonging thereto and to apply (if necessary) for the requisite sums to be raised by Municipal authority for any such purposes ; 16 V. c. 186, s. 11, No. 2. 6. To settle the amount to be paid by parents and guardians for each pupil attending such School, and to fix the times of payment, and apply the moneys received therefor as they may judge expedient towards making up the salaries of Teachers, providing the proper apparatus, maps, text-bofks and regis- ters, and defraying any othernecessary expenses of such School; and they may sue for and recover such amounts, and when collected the same shall be paid over to the Treasurer of the said Board of Trustees ; 16 V. c. 186, s. 11, No. 3. To settle Rate bill on parents. May sue for the same. Union with Common Schools. Conditions. 7. To employ in concurrence with the Trustees of the School Section, or the Board of Common School Trustees in the Town- ship, Village, Town o'r City in which such Grammar School may be situate, such means as they may judge expedient, for uniting one or more of the Common Schools of such Township, Village, Town or City, or departments of them, with such Gram- mar School ; but no such union shall take place without ample provision 1859. Grammar Schools. Cap. 63. 725 » provision being made for giving instruction to the pupils in the elementary English branches, by duly qualified English Teachers ; and the Schools thus united shall be under the Powers of management of a Joint Board of Grammar and Common -f"'"' ^°^"'- School Trustees, who shall consist of and have the powers of the Trustees of both the Common and Grammar Schools, but when the Trustees of the Common School exceed six in Trustees limit- number, six only of their number to be by them selected shall ^' be the Common School portion of such Joint Board ; 16 V. c. 186, s. 11, No. 4. 8. To see that the pupils of such Grammar School are Booics and ex- supplied with proper text-books; that public half yearly ex- ^"""^'"'"*' aminations of the pupils are held, and due notice given of them ; and that such School is conducted in accordance with the legally established regulations ; 16 V. c. 186, s. 11, No. 6. 9. To give the necessary orders upon the County Treasurer Orders on for the amount of public money to which such School is Treasurers, entitled, and upon their own Treasurer for any moneys in his hands, for the payment of the salaries of the officers of such School and of any necessary expenses ; 16 V c. 186, s. 11, No. 6. 10. To prepare and transmit, before the fifteenth day of Annual Report January, to the Chief Superintendent of Education, an an- Intendent"''^'^' nual report, in accordance with a form of report which shall be provided by him for that purpose, and which Report shall contain a full and accurate account of all matters appertain- ing to such School. 16 V. c. 186, s. 11, No. 6. 3®. The Master of every Senior County Grammar School Meteorological shall make ihe requisite observations for keeping and shall observations in keep a Meteorological Journal, embracing such observations and kept according to such form as may from time to time be directed by the Council of Public Instruction ; and all such Journals or Abstracts of them shall be presented annually by the Chief Superintendent of Education to the Governor with his Annual Report ; and if not already done every Senior County Grammar School shall be provided, at the expense of the County, with the following Instruments : One Barometer ; Instruments therefor. One Thermometer for the temperature of the air ; One Daniel's Hygrometer, or other Instrument for showing the Dew-Point ; One rain-guage and measure ; One wind-vane; And 726 Cap. 63. Grammar Schools. 22 Vict. Duty of Mas- ter. And the Chief Superintendent of Education shall procure these Instruments at the request and expense of the Municipal Coun- cil of any County, and shall furnish the Master of the Senior County Grammar School with a Book for registering observa- tions, and with forms for abstracts thereof, and such Master shall transmit the same to the Chief Superintendent, and shall certify that the observations required have been^made with due care and regularity. 16 V. c. 186, s. 16. Existing ap- pointments confirmed. 27. All existing appointments of Masters or Teachers of Grammar Schools shall continue in force as if made under this Act until revoked or changed according to the provisions he- reof. 16 V. c. 186, s. 17, at the end. SPECIAL, GRANTS OF SCHOOL SITES. 'Conveyance o ■property for School sites. Trustees. To have suc- cession. Not to apply to Common Schools. S8. In case any persons residing in Upper Canada, inte- rested in any School established in any City, Town, Village or Township therein, whether as Parents of Children frequenting such Schools, or as contributors to the same, or both, have occasion or are desirous to take a conveyance of real property for the use of such Schools, such persons may elect from among themselves, and appoint any number of Trustees, not exceeding seven nor less than five, to whom and to whose successors, to be appointed in the manner specified in the Deed of Convey- ance, the real property requisite for such School may be con- veyed ; and such Trustees, and their successors in perpetual succession, by the name expressed in such Deed, may take, hold and possess such real property, and commence and maintain any action at law or in equity for the protection there- of, and of their right thereto ; but there shall not be held in trust as aforesaid more than ten acres of land at any one time, for any one School ; and this Section shall not extend to Common Schools. 9 V. c. 17, s. 1. Deed to be re- 39. The Trustees shall, within twelve months after the gistered. execution of any such Deed, cause the same to be registered in the Office of the Registrar of the County in which the land lies. 9 V. c. 17, s. 2. Certain cases provided for. If site be not suitable. 30. Incase any lands in Upper Canada have been or after the passing of this Act be surrendered, granted, devised or otherwise conveyed to the Crown, or to the Trustees of any County Grammar School, or to any other Trustees, in trust for the purposes of or as a site for any such Grammar School, or for any other Educational Institution established in any County or place therein for the benefit of the inhabitants thereof generally, and in case such lands be found not to afford tiie most advantageous site for such School or Institution, or ihere be no School or Institution bearing the precise designation men- tioned in the deed of surrender, grant, devise or other conveyance, or in case it may be for the benefit of such School or Institution that such 1859. Grammar Schools. Cap. 63. 727 such lands should be disposed of, and others acquired in their stead for the same purpose, or the proceeds of the sale applied thereto, — the Trustees in whom any such lands are vested in trust as aforesaid, may, (with the consent of the Municipal Council ex- pressed at a legal meeting and certified under the hand of the head and the corporate seal of the Municipality in which such School or Institution has been or is to be established,) surrender and convey such lands to the Crown unconditionally, and such gucli lands conveyance shall vest the lands absolutely in the Crown, without may be surren- formal acceptance, by the Crown, the Governor or any other cro^^" ''"' Officer or person for the Crown. 18 V. c. 121, ss. 1, 2. 3 1 . Any lands surrendered, granted, devised or other- Such lands to wise conveyed to the Crown for any such purpose as aforesaid, ^^l"''!'"'' ^®" may be sold by order of the Governor in Council, and the School. proceeds applied to the purchase of other lands to be vested in the Crown for the purposes of the same School or In- stitution, or in the case of there being no School bearing the precise designation intended as aforesaid by the person who granted or divised the lands to the Trustees from or through whom the lands so sold came to the Crown, then for the Or other Edu- purposes of the Grammar School or other Public Educational tuu™^' ^'^"' Institution established for the benefit of the Inhabitants of the Municipality generally, which, in the opinion of the Governor in Council, comes nearest in its purposes and designs to that intended by such person as aforesaid. 18 V. c. 121, s. 1, 33. If such proceeds be applied to the purchase of lands for Lands purchas- Grammar School purposes, the title to such Lands may be vested edwithpro- in the Board ofTrustees for any Grammar School, by their corpo- rate name ; and if there be any surplus ofsuch proceeds after such purchase, or if it be found that no lands are required as a site for, or for other purposes ofsuch School or Institution, then such surplus or proceeds (as the case may be,) may be invested or applied for the purposes of such School or Institution in such manner as the Governor in Council deems most for the advantage thereof. IS V. c. 121, s. 1. 33. No purchaser of land from the Crown under this Act Purchaser not shall be in any way bound to see to the application of the c°t1on.*° ^''^''' purchase money. 18 V. c. 121, s. 3. 34. Nothing in this Act shall impair the rights of any Private rights private party in or upon any lands, in so far as such rights P™"3cted. would have existed and could be exercised without this Act. 18 V. 121, s. 4. 35. The Crown may grant to the Trustees of any Grammar Crown may School, or of any other Public Educational Institution estab- g'^^g ^"""^ lished for the benefit of the Inhabitants of the Municipality generally, any lands which have been or may, after the passing of this Act, be surrendered, granted, devised or otherwise con- veyed to the Crown as aforesaid. 18 V. c. 121, s. 5. CAP. 728 ^^P- 64. Common Schools. 22 Vict. CAP. LXI V. An Act respecting Common Schools in Upper Canada. HER Majesty, by and wilh the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows : EXISTING ORGANIZATION. Existing school 1. All Common School Sections or other Common School conhifued^"'* Divisions, together with all elections and appointments to office, all agreements, contracts, assessments and rate-bills, heretofore duly made in relation to Common Schools and existing when this Act comes into force, shall continue subject to the provi- sions of this Act. 13, 14 V. c. 48, s. 1. ANNUAL ELECTIONS. School trustees 9. The Term for which each School Trustee who holds this" Act tikes" ^^^^ ^^ ^^^ time this Act takes effect, shall continue as if such effect, couti- term had commenced by virtue of an election under this Act ; nued. g^jj(j Qjj ^[^g second Wednesday in January next after this Act takes effect, the Trustee or Trustees whose term of office then expires shall retire from ofiice, but may with his or their own consent be re-elected under the provisions of this Act. 13, 14 V. c. 48, s. 3. Annual election 3. The annual meetings for the election of School Trustees, 2nd Wednes- as hereinafter provided, shall be held in all the Cities, Towns, uary. ' Townshjps and Villages of Upper Canada, on the second Wed- nesday in January, in each year, commencing at the hour of Ten of the clock in the forenoon. 13, 14 V. c. 48, s. 2. FIRSTLY. —TOWNSHIP SCHOOL SECTIONS AND TRUSTEES. Trustees' term 4. For each Township School Section there shall be three of office. trustees, each of whom, after the first election of Trustees, shall hold ofiice for three years and until his successor has been elected. 13, 14 V. c. 48, ss. 3, 5. Term for va- 5. Any Trustee elected to fill an occasional vacancy shall canwes. |jg[^ officc Only for the unexpired Term of the person in whose place he has been elected. 13, 14 V. c. 48, s. 12, No. 12. Trustees not to 6. And no Trustee of a School Section shall hold the office hold certain of Local Superintendent, or of a Teacher within the Section of ■ which he is a Trustee. 13, 14 V. c. 48, s. 6, No. 3,-16 V. c. 185, s. 14. Proceedings on 7. Whenever a School Section is formed in any Township, as formation of a provided in the thirty-ninth section of this Act. the Clerk of the new section. r J ^ m u- Township 1859. Common Schools. Cap. 64. 7 29* Township shall give notice to the person appointed to call the first School Meeting for the election of Trustees, of the descrip- tion and number of such School Section, 13, 14 V. c. 48, s. 4. 8. The person so appointed shall, within twenty days after a meeting to be- receiving such notice, prepare a notice in writing, describing called wirhiu such Section, and appointing a time and place for the first School ^^ '^^^^' Section Meeting, and shall cause copips of such notice to be posted in at least three public places in the School Section, at least six days before the time of holding the Meeting. 13, 14 V. c. 48, s. 4. 9. The freeholders and householders of such School Section Chairman and then present, shall elect one of their own number to preside over f'^^'^^'^'^a *° ^ the proceedings of such Meeting, and shall also appoint a Secretary, who shall record all the proceedings of the Meeting. 13, 14 V. c. 48, s. 5. 10. The Chairman of such Meeting shall decide all questions Duties of Chuir- of order, subject to an appeal to the Meeting, and in case of an man— his vote. equality of votes, shall give the casting vote, but he shall have no vote except as Chairman. 13, 14 V. c. 48, s. 5. 1 1. The Chairman shall take the votes in the manner desired Recording by a majority of the electors present, but he shall at the request '^'°^^- of any two electors, grant a poll for recording the names of the voters by the Secretary. 13, 14 V. c. 48, s. 5. 12. At such first School Section Meeting, the Electors present Three Trustees shall by a majority of votes elect from the freeholders or hoase- '° i^^ <=i'^<''«<'- holders in such Section, three Trustees. 13, 14 V. c. 4S, s. 5, 13. The Trustees so elected shall respectively continue in office, as follows : ') 1. The first person elected shall continue in office for two first trustees'- years to be reckoned from the Annual School Meeting next after 'erm of office. his election, and thence until his successor has been elected ; *? ' 2. The second person elected shall continue in office one year to be reckoned from the same period and until his succes- sor has been elected ; 3. The third or last person elected shall continue in office until the next ensuing Annual School Meeting in such Section and until his successor has been elected. 13, 14 V. c. 48, s. 6. 14. A correct copy of the proceedings of such first and of Proceedings to- every annual and of every special School Section Meeting, ''enntendent""^ signed by the Chairman and Secretary, shall be forthwith trans- mitted by the Secretary to the Local Superintendent of Schools. 13, 14 V. c. 48, ss. 5, 12, No. 12. 730 Cap. 64. Common Schools. 22 Vict. ATrusteetobe 13. A Trustee shall be elected to office at each ensuing -edfMsuch^'^'" annual school meeting, in place of the one whose term of office section. is about to expire ; And the same individual, if willing, may be re-elected ; but no School Trustee shall be re-elected, except by his own consent, during the four years next after his going out of office. 13, 14 V. c. 48, s. 3. Proceedings at • annual nneet- ings. 16. At every annual School Section Meeting in any Town- ship, as authorized and required to be held ■ by the third Section of this Act, the freeholders and householders of such Section present at such Meeting, or a majority of them — .S^^'^-r" ""'' ^' ^'^^'^ elect a Chairman and Secretary, who shall perform thedutiesrequiredof the Chairman and Secretary, by the tenth and eleventh Sections of this Act : Trastee's fi- nancial report. Election of trustees. Support of school. Challenging votes. 2. Shall receive and decide upon the report of the Trustees, as required by the twenty-seventh Section of this Act; No. 21. 3. Shall elect a Trustee or Trustees, to fill up the vacancy or vacancies in the Trustee Corporation ; and 4. Shall decide upon the manner in which the salaries of the Teacher or Teachers, and all other expenses connected with the operation of the School or Schools, shall be provided for. 13, 14 V. c. 48, s. 6. 1 7. If any person offering to vote at an annual or other School Section Meeting,is challenged as unqualified by any legal voter in such section, the Chairman presiding at such Meeting shall require the person so offering, to make the following de- claration : Declaration " J (Jq declare and affirm that I am a freeholder [or house- require . jj holder) in this School Section, and that I am legally qualified " to vote at this Meeting." Effect of such And every person making such declaration shall be per- declaration. mitted to vote on all questions proposed at such Meeting ; but if any person refuses to make such declaration, his vote shall be rejected. 13, 14 V. c. 48, s. 7. Penalty for false 18. If any person wilfully makes a false declaration of ►declaration. jj^g j.jgjj^ ^^ ^^^^^ ^q g]^^U ^^ guilty of a misdemeanor, and be punishable by fine or imprisonment, at the discretion of the $5 or $10, and Court of Quarter Sessions, or by a penalty of not less than five dollars, or more than ten dollars to be sued for and recovered, Howrecovered. ^^'^^^ costs, before a Justice of the Peace by the Trustees of the School Section, for its use. 13, 14 V. c. 48, s. 7. Separatists not 19. No person Subscribing towards the support of as tovoieatoom- ggp^j-ate School established under the Act respecting Separate Schools 1859. Common Schools. Cap. 64. 73 1 Schools and belonging to the religious persuasion thereof, mon school and sending a child or children thereto, shall be allowed to ""eetings. vote at the election of any Trustee for a Common School in the City, Town, Village or Township in which such Separate School is established. 16 V. e. 185, s. 4,-18 V. c. 131, s. 16. 90. The Trustees of each school section shall appoint the Place of annua place of each annual school meeting of the freeholders and ^p^oint^d°by^ householders of the section, or of a special meeting for the trustees. filling up of any vacancy in the Trustee Corporation occasioned by death, removal, or other cause, or of a special meeting for the selection of a new School site, and shall cause notices of the time and place to be posted in three or more public places of such section, at least six days before the time of holding such meeting, and shall specify in such notices the object of such meeting ; they may also call and give like notices of any special meeting, for any other school purpose, which they think proper, and each such meeting shall be organized, and its pro- ceedings recorded in the same manner as in the case of a first school meeting. 13, 14 V. c. 48, s. 12, No. 12,-16 V. c. 185, s. 6. 3 1 . In case any annual or other School Section Meeting has Penalty for not not been held for want of the proper notice, each Trustee or ^eeJ'ings^'^ ^'^ other person whose duty it was to give such notice, shall forfeit the sum of five dollars, to be sued for and recovered before a Justice of the Peace by any resident inhabitant in the Section for the use thereof. 13, 14 V. c. 48, s. 9. SS. In case from the want of proper notice, any first or an- Meetings in nual School Section Meeting, required to be held for the election default of first 1111 ■ T f. or annual 01 Trustees vvas not held at the proper period, any two tree- meetings. holders or householders in such Section may, within twenty days after the time at which such meeting should have been held, call a Meeting by giving six days' notice, to be posted in at least three public places in such School Section; and the p(j^g,.gai,j Meeting thus called shall possess all the powers and pp.rformall duties thereof. the duties of the Meeting in the place of which it is called. 13, 14 V. c. 48, s. 9. 33. If any person chosen as Trustee refuses to serve, he Penalty forre- shall forfeit the sum of five dollars ; and every person so cho- aTtrastee!^""^ sen who has not refused to accept the office and who at any time refuses or neglects to perform its duties, shall forfeit the sum of twenty dollars, to be sued for and recover- ed before a Justice ol the Peace, by the Trustees of the School Section, for its use. 13, 14 V. c. 48, s. 8. 24. Any person chosen as Trustee may resign with the con- Trustee may sent expressed in writing, of his colleagues in office and of the ''^^'S"- Local Superintendent. 13, 14 V. c. 48, s. 8. 25. 732 Cap. 64. Common Schools. 22 Vict. Contested elec- tions. Proceedings thereon. Other special meetings. Trustees to bo a corporation. Want of trus- tees provided against. Duties of trus- tees. 35. Each Local Superintendent of Schools — 1. Shall, within twenty days after any meeting for the Elec- tion of Common School Section Trustees within the limits of his charge, receive and investigate any complaint respecting the mode of conducting the Election, and according to the best of his judgment confirm it, or set it aside and appoint the time and place for a new Election, and may — 16 V. c. 183, s. 14. 2. In his discretion, at any time for any lawful purpose, appoint the time and place for a Special School Section Meeting. 16 V. c. 185, s. 14. 2&. The Trustees in each School Section shall be a Cor- poration, under the name of " The Trustees of School Section Number , in the Township of , in the County of ; " And no such Corporation shall cease by reason of the want of Trustees, but in case of such want, any two freeholders or householders of the Section may, by giving six days' notice to be posted in at least three public places in the Section, call a Meeting of the free- holders or householders, who shall proceed to elect three Trustees, in the manner prescribed in the ninth, tenth, eleventh, twelfth and thirteenth Sections of this Act, and the Trustees thus elected shall hold and retire from office in the manner prescribed for Trustees. 13, 14 V. c. 48, s. 10. 97. It shall be the duty of the Trustees of each school section, and they are hereby empowered : 13, 14 V. c. 48, s. 12. Secretary- Treasurer. 1. To appoint one of themselves, or some other person, to be Secretary- Treasurer to the Corporation ; who shall give such security as may be required by a majority of the Trustees ; His duties. a. For the correct and safe keeping and forthcoming (when called for) of the papers and moneys belonging to the Corpora- tion : Collector. b. And for the correct keeping of a record of all their pro- ceedings, in a book procured for that purpose ; c. And for the receiving and accounting for all school moneys collected by rate-bill subscription, or otherwise, from the inha- bitants of such school section ; d. And for the disbursing of such moneys in the manner directed by the majority ol the Trustees ; 2. To appoint, if they think it expedient, one of themselves or some other person a Collector (who may also be Secretary- Treasurer), to collect the rates imposed by ihem upon the inhabitants^ 1859. C. mmon Schools. Cap. 64. 733 inhabitants of their school section, or the sums which the said inhabitants have subscribed ; and may pay such Collector, at Remuneration, the rate of not less than five nor more than ten per cent, on the moneys collected by him ; and every such Collector shall give Secimty. security satisfactory to the Trustees, and shall have the same powers by virtue of a warrant, signed by a majority of the Trustees, in collecting the school-rate or subscription, and shall proceed in the same manner as ordinary Collectors of Powers equal County and Township rates and assessments ; 13, 14 V. c. '<> municipal 18, S. 12, No. 2,-16 V. C. 182, S. 21. collectors. 3. To take possession and have the custody and safe keeping Possession of of all Common School property, which has been acquired school pro- or given for Common School purposes in such section, and P*^'^^' to acquire and hold as a Corporation, by any title whatsoever, May acquire any land, moveable property, moneys or income for Common '^"''^' *^''- School purposes, and to apply the same according to the terms on which the same were acquired or received ; 13, 14 V. c. 48, s. 12, No. 3. 4. To do whatever they may judge expedient with regard Providing to the building, repairing, renting, warming, furnishing and ^1^°° P''*' keeping in order the section School house, and its furniture and appendages, and the school lands and enclosures held by them, and for procuring apparatus and text-books for their School ; 13, 14 V. c. 48, s. 12, No. 4. 5. And when there is no suitable School house belonging to Renting school such section, or when a second school-house is required, then °"^^^' to rent, repair, furnish, warm and keep in order a house, and its appendages, to be used as a School house ; 13, 14 V. c. 48, s. 12, No. 4. 6. To establish, if they deem it expedient, with the consent Establishing of the local Superintendent of Schools, both a female and male fe'naie school, school in the section, each of which Schools shall be subject to the same regulations and obligations as common schools generally ; 13, 14 V. c. 48, s. 12, No. 5, 7. To take such steps as they may judge expedient to unite Union with their school with any public grammar school, which may be f^^^^" within or adjacent to the limits of their section ; 16 V. c. 185, s. 8. 8. To contract with and employ Teachers for such School sec- Employing tion, and determine the amount of their salaries ; but no agree- '"^'^ ™' ment between Trustees and a Teacher in any School Section, Certain agree- made between the first ofOctober in any year and the second Wed- ^f"i^'i^^aiid. nesday in January then next, shall be valid or binding on either party after the last mentioned day, unless such agreement has been signed by the two Trustees of such School Section whose period of office extends to one year beyond such second Wed- nesday ; 13, 14 V. c. 48, s. 12, No. 5,-16 V. c. 185, s. 11. 734 Cap. 64. Common Schools. 22 Vict. Orders to teachers on School Fund. Such teacher to have a cer- tificate. 9. To give the Teachers employed by them the necessary orders upon the Local Superintendent for the School Fund ap- portioned and payable to their school section ; but they shall not give such order in behalf of any Teacher who does not, at the time of giving such order, hold a legal certificate of qualifica- tion ; 13, 14 V. c. 48, s. 12, No. 6. Providing for salaries and expenses as authorized by inhabitants. Deficiencies to he made up by rate on pro- perty. 10. To provide for the salaries of Teachers and all other ex- penses of the School, in such manner as may be desired by a majority of the freeholders and householders of such section, at the annual school meeting, or at a special meeting called for that purpose, and to employ all lawful means to collect the sums required for such salaries and other expenses ; and should the sums thus provided be insufficient to defray all the expenses of such school, the Trustees may assess and cause to be collected an additional rate, in order to pay the balance of the Teacher's salary and other expenses of such school; 13, 14 V. c. 48, s. 12, No. 7. Kate-bill and collector's warrant. How leviable. II. To make out a list of the names of all persons rated by them for the school purposes of such section, and the amount payable by each, and to annex to such list a Warrant directed to the Collector of the School section, for the collection of the several sums mentioned in such list ; and any school-rate imposed by Trustees, according to this Act, may be made payable monthly, quarterly, half-yearly or yearly, as they may think expedient ; 13, 14 V. c. 48, s. 12, No. 8. May apply to Municipality, or may levy themselves. For what pur- poses. Township roll to be furnished, 12. Toapply tothe Township Council at or before its meetingin August, or to employ their own lawful authority, as they may judge expedient, for the levying and collecting by rate, according to the valuation of taxable property as expressed in the Assessor's or Collector's Roll, all sums for the support of their School, for the purchase of School sites and the erection of School houses, and for any other School purpose authorized by this Act to be collected from the freeholders and householders of such section, and the Township Clerk or other officer having possession of such roll is hereby required to allow any one of the Trustees or their authorized Collector, to make a copy of such roll, as far as it relates to their school section ; 13, 14 V. c. 48, s. 12, No. 9,-16 V. c. 185, ss. 6, 17. Exemptingin- 13. In their discretion to exempt from the payment of school- digent persons, j-^tes, wholly or in part, any indigent persons, and to charge the amount of such exemption upon the other rateable inhabi- tants of the school section, but the same shall not be deducted from the salary of a Teacher ; 13, 14 V. c. 48, s. 12, No. 10. Suing non- residents. 14. To sue for and recover by their name of office, the amounts of school-rates or subscriptions due from persons re- siding without the limits of their school section, who make default in payment ; 13, 14 V. c. 48, s. 12, No. 11. 1859. Common Schools. Cap. 64. 735^ 15. To make a return to the Clerk of the Municipality of the Return of un- amount of any rate imposed by them for school purposes when- '=°"'5'="^'' ™'«S" ever so imposed, and also, before the end of the then current . year, to make a return of the rates on the property of non residents of their section, (as provided in the one hundred and twenty-seventh section of this Act) and which they have been unable to collect ; 16 V. c. 166, s. 22, 6 proviso. 16. To permit all residents in such section between the Residents be- ages of five and twenty-one years, to attend the school, so l*®^?„®.s®* °^ long as they conduct themselves in conformity with the rules lawful pupils. of such school, and the fees or rates required to be paid on their behalf, are fully discharged, but such permission shall not extend Exception. to the children of persons in whose behalf a separate school has been established, according to the Act respecting the establish- ment of separate Schools ; 13, 14 V. c. 48, s. 12, No. 13. 17. To visit from time to time each school under their charge visitin" and see that it is conducted according to the authorized regula- schools— what. tions, and that each such school is, at all times, duly provided °^' with a Register and Visitor's Book, in the form prepared according to Law ; 13, 14 V. c. 48, s. 12, No. 14,-16 V. c. 185, s. 7. 18. To see that no unauthorized books are used in tfie school. Proper text- and that the pupils are duly supplied with a uniform series of boots i" authorized text-books, sanctioned and recommended by the Council of Public Instruction, and to procure annually, for the benefit of their school section, some periodical devoted to education ; 13, 14 V. c. 48, s. 15. 19. To appoint a Librarian, and to take such steps authorized Establishing bylaw as they may judge expedient, for the establishment, safe- I'brary. keeping, and proper management of a school library in their section, whenever provision has bi;en made and carried into effect for the establishment of school libraries ; 13, 14 V. c. 48, s. 12, No. 17. 20. To exercise all the corporate powers vested in them by Exercising cor- this Act, for the fulfilment of any contract or agreement made P'"'^'® powers. by them ; and in case they or any of them wilfully neglect or "Wilful neglect. refuse to exercise such powers, the Trustee or Trustees so ne- <'lectiQg or refusing shall be personally responsible for the fulfil- Personal res- ment of such contract or agreement ; 13, 14 V. c. 48, s. 12, P°"=*iiity. No. 16. 21. To cause to be prepared and read at the annual meeting Reporting to of their section, their annual school report for the year then 'constituents. terminating, which report shall include, among other things, a full and detailed account of the receipt and expenditure of all Contents of school money received and expended in behalf of such section, ''®P°'''' for any purpose whatever, during such year, and in case of dispute 736 Cap. 64, Common Schools. 23 Vict. Arbitration, •Half yearly- report to local Superintend- ent. Penalty for neglect. dispute the matter shall be referred to arbitration in the manner provided in the twenty-ninth section of this Act; 13,14 V. c. 48, s. 12, No. 18. 22. To transmit to the local Superintendent, on or before the thirtieth day of June, and the thirty-first day of December in each year, a correct return of the average attendance of pupils in each of the schools under their charge during the six months then immediately preceding ; and in case such Trustees neglect to transmit a verified statement of such average attendance, then such school section shall not be entitled to the apportionment from the school fundfor the said six months. 16 V. c. 185, s. 5. Yearly report 23. To ascertain the number of children between the ages to local Super- gf ^yg g^jj(j sixteen vears residing in their section on the thirty- first day of December in each year ; and to prepare and trans- mit annually, on or before the fifteenth day of January, a report to Contents there- the Local Superintendent, signed by a,majority of the Trustees, o'- and made according to a form provided by the Chief Superin- tendent of Education, and shall specify therein : 13, 14 V. c. 48, s. 12, Nos. 18, 19. Time School (') '^^^^ wholc time the school in their section was kept ■was open. by a qualified Teacher during the year ending the thirty-first day of the«previous December ; 13, 14 V. c. 48, s. 12, No. 19. Moneys re- (2.) The amount of moneys received for the school fund, ceivedandpaid. from local rates or contributions, and from other sources, dis- tinguishing the same; and the manner in which all such moneys were expended; 13, 14 V. c. 48, s. 12, No. 19. (3.) Children — re- sident and at- tending school. (3.) The whole number of children residing in the school section, over the age of five years, and under the age of sixteen ; the number of children and young persons taught in the school in winter and summer, distinguishing the sexes, and those who were over and under sixteen years of age ; and the average Exceptions. attendance of pupils in both winter and summer ; but the Trus- tees of the Common School sections within the limits of which one or more separate school sections are established as hereinaf- ter provided, shall not in their return of children of school age residing in their school sections, include the children attending such separate school or schools ; 13, 14 V. c. 48, s. 12, No.' 19, (3.) and s. 19, Proviso 5. Branches (4-) The branches of education taught in the school ; the taught, ifec. numbers of pupils in each branch ; the text-books used ; the numbers of public school examinations, visits and lectures and by whom made or delivered, and such other information respecting the school premises and library as maybe required. 13, 14 V. c. 48, s. 12, No. 19. (4.) 38. 1869. Common Schools. Cap. 64. 7 37 38. In case the Trustees of any school section neglect to Penaiiyfor prepare and forward the aforesaid Annual Report to their local 'J'^'^'V'"?' y^^^'y Superintendent by the thirty-first day of January in each year, "'''"'^'' each of them shall, for each week after such thirty-first day of January, and until such report has been prepared and pre- sented, forfeit the sum of five dollars to be sued for by such local Superintendent, and collected and applied in the manner provided by the twenty-first section of this Act. 16 V. c 185 s. 10. 29. In case the account mentioned in the twenty-seventh unsatisfactory section, number twenty-one, is not satisfactory to a maiority of accounts to be rt •/ *j •/ rt*THrrGu to 3riiw the freeholders and householders present at such meeting, then tration. a majority of the said freeholders and householders shall appoint an arbitrator, and the Trustees shall appoint another, and the two arbitrators thus appointed shall examine the said account, and their decision respecting it shall be final ; or, if the Decision there- two ai'bitrators thus appointed cannot agree, they shall se- on. lect a third, and the decision of the majority of them shall be final ; and the sum or sums awarded by them against any Enforcing de- person shall be collected by such arbitrators, or if a third has cision. been appointed by a majority of them, in the same manner and under the same regulations as those according to which Trustees are authorized by the twenty-seventh section of this Act to collect school rates ; and the sums collected shall be expended in the same manner as other moneys for the common school purposes of the section. 13, 14 V. c. 48, s. 12, No. 18. 30. No steps shall be taken by the Trustees of any School New school Section for procuring a School site on which to erect a thorized'by'spe- new School House, or for changing the site of an esta- oiai meeting. blished School House, without calling a Special Meet- ing of the freeholders and householders of their Section to consider the matter ; and in case of a difference as to the site Diflerence be- of a school house between the majority of the Trustees and a *jrpUp'ie'tT majority of the freeholders and householders at such special be referred to meeting, each party shall choose an arbitral or, and the local ^rbitratjon. Superintendent, or in case of his inability to attend, any person appointed by him to act on his behalf, shall be a third arbi- Decision there- trator, and such three arbitrators, or a majority of them, shall of £"^1- finally decide the matter. 16V.c. 185, s. 6,— 13, 14 V.c.48,s. 11. 31. The Trustees of each School Section shall be per- Trustees per- sonally responsible for the amount of any School moneys ^Me'Ibr mT°" forfeited by or lost to such School Section in consequence of neys lost, their neglect of duty during their continuance in office ; and the amount thus forfeited or lost shall be collected and applied in the manner provided by the twenty-first section of this Act. 16 V. c. 185, s. 9. 32 In case a majority of the resident freeholders and AU the sections ,. ,•'•'. ^ , ,. .. J- xu t of a township householders ot each section at a public meetmg for that ^^y ^ ^.^Hed, vv purpose 738 Cap. 64. Common Schools. Vict. JBv-Iaw requir- and a township purpose separately called by the Trustees of each such sec- board elected. tJQjj^ express a desire that local school sections should be abolished, and that all their schools should be conducted under one system and one management like the schools in Cities and Towns, the Municipal Council of such Township shall comply with the request so expressed, by passing a By-law to give eftect thereto ; in which event all the Common Schools of such Town- ship shall be managed by one Board of five Trustees, one of which Trustees shall be chosen in and for each ward if the Township be divided into wards, and if not so divided, then the whole number of such Trustees shall be chosen in and for the whole Township, and the election of such Trustees shall be held at the time and in manner prescribed in the third, seventh, eighth and twenty-second sections of this Act ; and such Trustees shall be a corporation under the name of "The Board of School Trustees of the township of , in the County of ", and shall be invested with the same powers and be subject to the same obligations as Trustees in Cities and Towns, by the seventy-ninth section of this Act. 13, 14 V. c. 48, ss. 20, 24. Board elected. Tlieir powers. SECONDLY, DUTIES OF TOWNSHIP COUNCILS. Assessors lo value lands situated in «aoh section. Undivided lots. 33. Whenever the lands or property of any individual or company are situated within the limits of two or more School Sections, each Assessor appointed by any Municipality, shall assess and return on his Roll, separately, the parts of such lands or property within the limits of which Sections, according to the divisions of the School, such lands or property may be situate; but every undivided occupied lot or part of a lot, shall only be liable to be assessed for School purposes in the School Section where the occupant resides. 16 V. c. 185, s. 16. Assess any sec- 34. For the purchase of a school site, the erection, repair, tifin at request y.^^^ ^^^ fumiture of a School house, the purchase of apparatus 01 trustees and , i r i i i , i , • ■ i . , i ^"^i c desired by inha- and text-books lor the school, books lor the library, and salary ot bitants thereof, j-j^g '['eacher, cach Township Council shall levy, by assessment, upon the taxable property in any school section, such sura as may be required by the Trustees of such school section in accordance with the desire of the majority of the freeholders and householders expressed at a public meeting called for that purpose, as authorized by the twenty-seventh section of this Act, number 10. 13, 14 V. c. 48, s. 18, No. 1. 35. Each Township Council may grant to the Trustees of any school section, on their application, authority to borrow any sums of money necessary for the purposes above mentioned, in respect to school sites, school houses and their appendages, or for the purchase or erection of a Teacher's residence, and in that event, shall cause to be levied in each And provide for year upon the taxable property in the section, a sufficient sum for the payment of the interest on the sum so borrowed, and a sum Authorizing trustees to borrow money for special pur- poses. repayment. 1859. Common Schools. Cap. 64. 739 sum sufficient to pay off the principal within ten years. 13, 14 V. c 48, s. 18, No. 1. 36. No Township Council shall levy and collect in But not to levy any School Section during any one year, more than one rate,^ exrepUa School Section rate, except for the purchase of a School siie or certain cases, the erection of a School house ; and no such Council shall give efli'ect to any application of Trustees for the levying or col- lecting of rates for school purposes, unless the Trustees of the Trustees must School Section make the application to such Council at or °Pi''y ^'^("'^ before its meeting in August of the year in which such applica- ° tion is made. 16 V. c. 185, s. 17. 37. Each Township Council may levy such sums as it Established judges expedient for purchasing books for a Township Library, ^''"'^"es. under such regulations as may be provided in that behalf, and for procuring the site and for the erection and support of a Township Model School ; and in such event the members of And model such Township Council shall be the Trustees of such Model *''''°°'- School, and shall possess the powers of Common School Trus- council to be tees in respect to all matters affecting such Model School. 13, trustees. 14, V. c. 48, s. 18, No. 2. 38. The Trustees of any one or more common Schools Common may at their discretion, and with the consent of such Council, "choois mwy be merge their schools into such Model School ; and tuition to ^,,^,g iuiHon to student-teachers in such Model School shall be free. 13, 14 V. teachers. c. 48, s. 18, No. 2. 39. Each Township Council shall form portions of the Town- New sections ship where no schools have been established, into school sec- '° ^^ formed, tions ; and shall appoint a person in each new school section to call the first school section meeting ; and shall cause such person to be notified in the manner prescribed in the seventh section of this Act. 13, 14 V.,c. 48, s. 18, No. 3. 4®. In case it clearly appears that all parties to be affected Alteration of bv a proposed alteration in the boundaries of a school section fxisungsec- J i^ i. • n I I* \ ■ 11 1.. tions ; notice to have been duly notified of the intended step or application, be given, the Township Council may alter such boundaries ; — But no when to take such alteration in the boundaries of a school section shall take effect. effect before the twenty-fifth day of December next after the alteration has been made. 13, 14, Y. c. 48, s. 18, No. 4. 4 1 . In case at a Public Meeting of each of two or more Union of exist- sections called by the Trustees for that purpose, a majority of j^f/^''^™^" j^ the freeholders and householders of each of the sections to be called. affected, request to be united, then the Council shall unite such school sections into one. 13, 14 V. c. 48, s. 18, No. 4. 4S. The first election in such united section shall be ap- first election pointed and held in the same manner as is provided for in the '° ^v'''^ united t n ii sections. uu* ' seventh 740 Cap. 64. Common Schools. 22 Vict. seventh to the twelfth sections of this Act, in respect to a new school section. 13, 14 V. c. 48, s. 18, No. 4. Shares ofschooi 4JJ. The several parts of any altered or united school fund preserved, sections shall have respectively the same right to a share of the Common School Fund for the year of the alteration or union, as if they had not been altered or united. 13, 14 V. c. 48, s. 18, No. 4. Disposal of property. Share in pro- ceeds. 44. In case a school site, or school house, or other school property be no longer required in consequence of the alteration or the union ofschooi sections, the same .'^hall be disposed of by sale or otherwise, in such manner as a majority of the freeholders and householders in the altered or united school sections de- cide at a public meeting called for that purpose, and the inhabitants transferred from one school section to another, shall be entitled, for the common school purposes of the section to which they are attached, to such a proportion of the proceeds of the sale of such school house or other common school property, as the assessed value of their property bears to that of the other inhabitants of the school section from which they have been so separated ; and the residue of such proceeds shall be applied to the erection of a new school house, or to other common school purposes of such altered or united sections. 13, 14 V. c. 48, s. 18, No. 4. Union sections '45- Under the conditions prescribed in the fortieth section of two or more of this Act in respcct to alterations of other school sections, union beform'ed and school sections Consisting of parts of two or more Townships, aiter.ed. rnay be formed and altered b}'' the Reeves and Local Superin- tendents of the Townships out of parts of which such sections Meetint' of ^^"^ proposed to be formed, at a meeting appointed for that Reeves and Su- purpose by any two of such Reeves, of which meeting the perintendents. other parties authorized to act with them shall be duly notified. 13, 14 V. c. 48, s. 18, No. 4. Such union sectton to be- long to town- house is .si- tuated. Such union section may be dissolved by either township council. Part within li- mits of town- ship to be taken. 40. Each union school section, composed of portions of adjoining Townships, shall, for all purposes of the election of Trustees and of their control, be deemed one school section, and shall be considered, in respect to superintendence and taxation for the erection of a school house, as belonging to the Township in which the school house may be situated. 13, 14 V. c. 48, s. 18, No. 4, at the end. 47. Each Township Council may, under the restric- tions imposed by law in regard to the alteration of School Sections, separate such part of any Union School Section as is situated within the limits of its jurisdiction, from the Union of Sections, and may form the part so separated into a distinct School Section, or attach it to one or more existing School Sections or parts of Sections within its jurisdiction, as such Council judge expedient. 16 V. c. 185, s. 17. 48. 1859. Common Schools. Cap. 64. 741 48. Each Township Council shall cause the Clerk of Clerk to furnish the Township to fnriiish the Local Superintendent of Schools io^^aUifperin-" with a copy of all the proceedings of the Council relating to tendeat. the formation or alteration of school sections, all school assess- ments, and other educational matters. 13, 14 V. c. IS, s. 18, No. 5. 49. The Township Clerk shall prepare in duplicate, a Map cierkto pre- of the Township, shewing the divisions of the Township into fo*'^'^„"i^'"* "'^ School Sections and parts of Union School Sections, and shall shewing see- furnish one copy of such Map to the County Clerk, for the use J 3.iicl trustees other matter in dispute between ihem, the same shall be sub- mitted to arbitration, in which case : 13, 14 V. c. 48, s. 17. 1. Each party shall choose aa Arbitrator ; Arbitration. 2. In case either party in the first instance neglects if one neglects or refuses to appoint an Arbitrator on his behalf, the party '° '"PP"'"* ^bi. . " , ^^ . ,. 1 .. . ^ , ^ , "^ trat;>r. requirmg the arbitration may, by a notice m writmg to be served upon the party so neglecting or refusing, require the Notice to ap- last mentioned party within three days inclusive of the day of poi"'- the service of such notice, to appoint an Arbitrator on his Time given, behalf, and such notice shall name the Arbitrator of the party requiring the arbitration ; and in case the party served with such 730 Cap. 64. Common Schools. Vict. Other arbitra- tor appointed. Local superin- tendent to be an arbitrator. Powers of ar- bitrators to examine. Warrant of arbitrators. Equivalent to -execution of a Division Court. such notice does not within the three days mentioned therein, name and appoint an arbitrator, then the party requiring the arbitration may appoint the second arbitrator ; And 3. The Local Superintendent, or in case'of his inability to attend, any person appointed by him to act on his behalf shall be a third Arbitrator, and such three Arbitrators or a majority of them shall finally decide the matter. 13, 14 V. c. 48, s. 17. 85. The Arbitrators may require the attendance of all or any of the parties interested in the reference, and of their witnesses, with ail such books, papers and writings as such Arbitrators may direct them or either of them to produce, and the Arbitra- tors may administer oaths to such parties and witnesses. 16 V. c. 185, s. 15. 8G. The said Arbitrators, or any two of them, may issue their warrant to any person named therein, to enforce the col- lection of any moneys by them awarded to be paid, and the person named in such warrant shall have the same power and authority to enforce the collection of the moneys mentioned in the said warrant, with all reasonable costs, by seizure and sale of the property of the party or corporation against whom the same has issued, as any Bailiff of a Division Court has in enforcing a judgment and execution issued out of such Court. 16 V. c. 185, s. 15. No such dis- pute to be brought into any Court. 87. No action shall be brought in any Court of Law or Equity, to enforce any claim or demand between Trustees and Teachers which can be referred to arbitration as aforesaid. 16 V. c. 185, s. 15. Term of ofTice of local super- intendent — salary. SIXTHLY. DUTIES OF LOCAL SUPERINTENDENTS OF SCHOOLS. 88. Each Local Superintendent shall, unless he resigns or is removed from office for neglect of duly, improper conduct, or incompetency, continue in office, until the first day of April of the year following that of his appointment, and he shall be entitled annually, to not less than four dollars per School placed under his charge, together with any additional re- muneration or allowance which the Council appointing him may grant, and the County Treasurer shall pay him ihe same by quarterly instalments. 16 V. c. 185, s. 14,-13, 14 V. c. 48, s. 30. Vacancies to be filled. 89. In the event of any Local Superintendent resigning his office, the Warden of the County within which such Superin- tendent held office, may appoint a fit and proper person to the office vacated until the next ensuing meeting of the County Council. 16 V. c. 185, s. 14. 90. 1859. Common Schools. Cap. 64. 75 J 9®. No Local Superintendent shall be a Teacher or Trus- Superintendent tee of any Common School while he holds the office of Super- not to hold cer- intendent. 16 V. c. 185, s. 14, lam offices. 91. It shall be the duty of each Local Superintendent, and Duties of local he is hereby empowered — superintend- ent. 1. Unless otherwise instructed by the Chief Superintendent to apportion of Education to apportion among the several school sections scirooi fund, their respective portions of the Common School Fund money apportioned to the townships within the limits of his charge as soon as notified by the County Clerk of the amount so appor- tioned to such townships, and such apportionment among the j^ccor^in,, ,o said school sections shall be according to the rates of the average average attend- attendance of pupils at each Common School, (the mean at- ''"'''' °'^P"P''^* tendance of pupils for each half year being taken) as compared with the whole average number of pupils attending the Common Schools of each such Township ; but he shall apportion no money to any school section whose Trustees have neglected to Nottoappor- transmit their return of average attendance for the last preceding teesmake'aver- half year ; 13, 14 V. c. 48, s. 31, No. 1,-16 V. c. 185, s. 5. age return. 2. To give to any qualified Teacher, (but to no other,) Orders to on the order of the Trustees of any School section, a Check [fo oUier"^"** upon the County Treasurer or Sub-Treasurer, for any sum of Money apportioned and due to such section; but ex- conditions, &e. cept in the case of a new School section, he shall not give a check upon such order, unless a satisfactory annual School Annual report. report for the year ending the last day of December preceding has been received from the Trustees ; nor unless it ap- six months' pears by such report, that a School had been kept by a qualified school under Teacher in such section, for at least six months during the year ^r" ' " "^^'^ ending at the date of such report ; 13, 14 V. c. 48, s. 31, No. 2. 3. To visit each Common School within his jurisdiction, Two visits to twice in each year, unless oftener required by the County each school. Council or the Board which appointed him, or for the adjust- ment of disputes ; and one of such half yearly visits shall be made between the first of April and the first of October, and the other betv/een the first of October and the first of April ; 13, 14 V. c. 48, s. 31, No. 3,-16 V. c. 185, s. 14. 4. To examine at each half yearly visit the state and condition Examination of of the School, as respects the progress of the pupils in learn- each school. ing, — the order and discipline observed, — the system of instruc- tion pursued, — the mode of keeping the School Registers, — the average attendance of pupils, — the character and condition of the building and premises, and to give such advice as he may judge proper;— 13, 14 V. c. 48, s. 31, No. 3. 5. To deliver in each of his School sections, at least once a Annual lecture year, a public lecture on some subject connected with the '" ^^'^^ secuoa. objects, 752 Cap. 64. Common Schools. 22 Vict, objects, principles and means of practical education ; and to do all in his power to persuade and animate Parents, Guardians, Trustees and Teachers, to improve the character and efficiency of the Common Schools, and to secure the sound education of the young generally ; 13, 14 V. c. 48, s. 31, No. 4. Seetoobser- 6. To SBC that all the Schools are managed and conducted vanceof lawful according to law, — to prevent the use of unauthorized, and to o" ion . recommend the use of authorized books in each School, — and to acquire and give information as to the manner in which such authorized books can be obtained, and the economy and ad- vantage of using them ; 13, 14 V. c. 48, s. 31, No. 6. Attend certain 7. To attend the meetings of the Board of Public Instraction, meetings. ^j^^ ^q meet and confer with the Chief Superintendent of Educa- tion at such time and place as he may appoint when making official visits to the County ; 13, 14 V. c. 48, s. 31, No. 6. Arbitrations ; to 8. To attend the Arbitrations, and the meetings ofTown- decide disputes. Reeves provided for in the twenty-seventh, twenty-ninth and for- ty-fifth sections of this Act — ,to decide upon any questions sub- mitted to him, which arise between interested parties under the operation of this or of any former Act, or if he deems it advisable, to refer any such question to the Chief Superin- Appeai to the tendent of Education ; and any aggrieved or dissatisfied party ^'t'^d^T^'^' ^'^ ^^y '^^^^ ^'^^ otherwise provided for, shall have the right of appeal to the Chief Superintendeiit of Education ; 13, 14 V. c. 48, s. 31, No. 7. Suspending teacher's cer- tificate. Effect thereof. 9. To suspend the certificate of qualification of any Teacher, granted by the Board of Public Instruction, for any cause which may appear to him to require it, until the next ensuing meeting of the County Board, of which meeting due notice shall be given to the Teacher suspended, and such Board shall dispose of the case as a majority of the members present think proper ; and the cancelling or suspension of a Teacher's certificate of quali- fication shall release his School Trustees from any obligation to continue him in their employment ; 13, 14 V. c. 48, s. 31, No. 8. Temporary certificates to teachers. 10. To give any Candidate, on due examination, according 10 the programme authorized for the examination of Teachers, a certificate of qualification to teach a School within the limits of, the charge of the Superintendent until (but no longer than) the next ensuing meeting of the Board of Public In- struction of which such Local Superintendent is a Member ; but no such certificate shall be given a second time, or be valid if given a second time, to the same person in the same County ; 16 V. c. 185, s. 14. Observing re- gulations— giv- 11. To act in accordance with the regulations and instruc- tions provided for his guidance, to give any information in his 1859. Common Schools. Cap. 64. 753 his power (when desired) to the Chief Superintendent of Edu- ing information cation respecting any Common School matter within his Jntendenfanr" jurisdiction, — to famish the County Auditors, when required, County Au- with the Trustees' orders as the authority for his Checks upon ''""''*• the County or Sub-Treasurer for School moneys, and on retiring Retiring from from office, to deliver copies of his official correspondence, and °*''®' all school papers in his custody, to the order of the County Council ; 13, 14 V. c. 48, s. 31, No. 9. 12. To prepare and transmit to the Chief Superintendent of Annual report Education, on or before the first day of March, an annual report, intSdenf"''"" in the form provided by the said Chief Superintendent, and which shall state : 13,"l4 V. c. 48, s. 31, No.' 10. (a). The whole number of Schools and School Sections or Its contents. parts of sections in each Township within his jurisdiction ; {b). The number of pupils taught in each school over the age Number of of five and under the age of sixteen ; the number between the pupils. ages of sixteen and twenty-one years ; the whole number of children residing in each section, or part of a section, over the age of five and under the age of sixteen years ; (c). The length of time a school has been kept by a qua- Time SehooU lified Teacher in each of such sections or parts of sections ; "p^"' the branches taught ; the number of pupils in each branch, the Branches books used ; and the average attendance of pupils, both male *^"^ '' and female, in each half year ; (rf). The amount of moneys received and collected in each Moneys— from section or part of a section distinguishing the amount ap- '"^'" sources, ponioned by the Chief Superintendent of Education, the amount received from County assessment, the amount raised by Trustees, and the amount from any other and what sources ; also how such moneys have been expended, or whe- ther any part remains unexpended, and from what causes ; and Teacher' sa- the annual salary of Teachers, male and female, with and '^™^- without board ; (e). The number of school visits made by himself and others, Visits, lectures, during the year ; the number of school lectures delivered ; the *"''""' ^°^^- whole number of school houses, their sizes, description, furni- ture and appendages, the number rented, the number erected during the year, of what description, and by what means ; If). The number of qualified Teachers ; their standing, sex. Teachers, pri- and religious persuasion ; the number, so far as he can ascer- ™aries!'°"'^' ''' tain, of private schools ; the number of pupils and subjects taught therein ; the number of libraries, their extent, and how established and supported ; also, any other information which other, informa- he may possess respecting the educational state, wants and t'""- Yv advantages 754 Cap. 64. Common Schools. 22 Vict. Howunion sec- tions shall be paid. "Warden to de- cide in case of at dispute. advantages in each Township of his charge, and any sugges- tions which he thinks proper to malte with a view to the improvement of schools and diffusion of useful knowledge. 93. The Local Superintendents of adjoining Townships shall determine the sums to be paid from the Common School Fund of each Township in support of the Schools of Union School Sections consisting of portions of such Town- ships ; and shall also determine the manner in which such sums shall be paid ; but in the event of one person being Local Superintendent of the Townships concerned, he shall act in behalf of such Townships. 16 V. c. i85, s. 14. 9S. In the event of the Local Superintendents of Townships thus concerned not being able to as to the sum to be paid to each such Township, the matter shall be referred to the Warden of the County for final decision. 16 V. c. 185, s. 14. SEVENTHLY. CONSTITUTION AND DUTIES OF THE COUNTY BOARDS OF PUBLIC INSTRUCTION. Boards of pub- lie instruction constituted. 94. Where there is only one County Grammar School in a County, the Board of Trustees for such School and the Local Super- intendent or Superintendents of Schools in the County, shall constitute a Board of Public Instruction for the County. 13, 14 V. c. 48, s. 28. When more than one gram- mar school. 95i. Where there is more than one Grammar School in a County, the County Council shall divide the County into as many Circuits as there arc County Grammar Schools, and for each such circuit the Trustees of the County Grammar School therein and the Local Superintendent or Superintendents of Schools therein, shall be a Board of Public Instruction for the Circuit. 13, 14 V. c. 48, s. 28. Quorum of Board. At any lawful meeting of the Board of Public In- struction, three members including a Local Superintendent of Schools shall constitute a quorvm for examining and giving certificates of qualification to Common School Teachers, and five members shall constitute a quorum for the transaction of any other business. 13, 14 V. c. 48, s. 28. County Coun- cil to clefray expenses. 9'?'. The County Council shall provide for the incidental ex- penses connected with the meeting and proceedings of each Board of Public Instruction. 13, 14 V. c. 48, s. 28. Duties of Board. Quarterly jneetings. 98. It shall be the duty of each County and Circuit Board of Public Instruction — and each such Board is hereby empowered : 1. To meet not less than four times a year, and to determine the time and places of its own meetings, and the order of its proceedings, 1859. Common Schools. Cap. 64. 755 proceediDgs, and the manner of recordinsr them ; 13, 14 V. Proceedings. c. 48, s. 29, No. 1. 2. To adopt all lawful means in their power as they may to promote judge expedient to advance the interests and usefulness of liberies, &e. Common Schools, to promote the establishment of School Libraries, and I0 diti'use useful knowledge in the County or Circuit ; 13, 14 V. c. 48, s. 29, No. 4. 3. To select (if deemed expedient) from a list of text-books re- selecting text commended or authorized by the Council of Public Instruc- i^ooi^- tion, such books as ihey may think best adapted for use in the Common Schools of the County or Circuit, and to ascertain and recommend the best facilities for procuring such books ; 1 3, 14 V. c. 48, s. 29, No. 3. 4. To examine and give certificates of qualification to Examination ol Teachers of Common Schools, arranging such Teachers into '6'"='i'=''s> three classes according to their attainments and abilities, as prescribed in a programme of examination and instructions provided for that purpose, and any such certificate may be Extent of certi- general, as regards the County, or limited as to time or place, ^'^''''^'• at the pleasure of the majority of the members of the Board of Public Instraction present at such examination ; 5. To annul any such certificate as the Board may judge Annulling cer- expedient 13, 14 V. c. 48, s. 29, No. 2. 'i'^''^'^^- 99. Every such certificate of qualification shall have the Conditions ot signature of at least one Local Superintendent of Schools, certificate. but no such certificate shall be given to any person as a teacher, who does not furnish satisfactory proof of good moral character, or who at the time of applying for such certificate is not a ilatural-bom or naturalized subject of Her Majesty, or Teachers to be who does not produce a certificate of having taken the oath of Subjects of allegiance to Her Majesty, before a Justice of the Peace for the ^'^ ^jesj,. County in which such person resides. 13, 14 V. c. 48, s. 29, No. 2. EIGHTHLY. — SCHOOL VISITORS AND THEIR DUTIES. 10©. All Clergymen recognized bylaw, of whatever de- school visitor* nomination, allJudges,Membersofthe Legislature, Magistrates, ''efined. Members of County Councils and Aldermen, shall be School Visitors in the Townships, Cities, Towns and Villages where they respectively reside ; But persons holding ,the Commis- sion of the Peace for the County only, shall not be School Visitors within Towns and Cities ; And each Clergyman shall be a School Visitor only in the Township, Town or City where he has pastoral charge. 13, 14 V. c. 48, s. 32. 101. 756 Cap. 64. Common Schools. Vict. Their authority 101. Eacl) of the School Visitors may visit the Public to visit schools. School in the Township, City, Town or Village; and may attend the quarterly examination of Schools, and, at the time of any such visit, may examine the progress of the pupils, and the state and management of the School, and give such advice to the Teacher and pupils, and any others present, as he thinks advisable, in accordance with the regulations and instruc- tions provided in regard to School Visitors. 13, 14 V. e. 48, s. 33. General meet- ing of visitors. 103. A general Meeting of the Visitors may be held at any time or place appointed by any two Visitors, on suffi- cient notice being given to the other Visitors in the Town- ship, City, Town or Village, and the Visitors, thus assem- bled, may devise such means as they deem expedient for the efficient visitation of the Schools, and for promoting the establishment of Libraries and the diffusion of useful know- ledge. 13, 14 V. c. 48, s. 33. NINTHLY. -THE CHIEF SUPERINTENDENT OF EDUCATION, — His DUTIES, &C. A Chief super- intendent to be appointed. His responsi- bility. Allowed Clerks. Duties of the chief superin- tendent. Apportioning legislative grant. Basis. 103. The Governor may, from time to time, by Letters Patent under the Great Seal of the Province, appoint a fit and proper person to be Chief Superintendent of Education for Upper Cana- da, who shall hold office during pleasure, and shall receive a salary of the same amount as the Superintendent of Educa- tion in Lower Canada. 13, 14 V. c. 48, s. 34. 104. The Chief Superintendent shall be responsible to, and subject to the direction of the Governor, communicated through any Department of the Provincial Governnaent. 13, 14 V. c. 48, s. 34. 105. The Chief Superintendent shall be allowed two Clerks, who shall receive the same salaries as are attached to similar offices in Lower Canada, and he shall account for the contingent expenses of his office, as provided in respect of other public offices. 13, 14 V. c. 48, s. 34. 106. It shall be the duty of the Chief Superintendent of Education, and he is hereby empowered — 1. To apportion annually, on or before the _ first day of May, all moneys granted or -provided by the Legislature for the support of Common Schools in Upper Canada, and not other- wise appropriated by law to the several Counties, Townships, Cities, Towns and Incorporated Villages according to the ratio of population in each, as compared with the whole population of Upper Canada ; but when the census or returns upon which such an apportionment is to be made, are so far defective in respect of any County, Township, City, Town or Village as 1859. Common Schools. Cap. 64. 757 as to render it impracticable for the Chief Superintendent to ascertain therefrom the share of school moneys which ought to be so apportioned, he shall make the apportionment ac- other ratio. cording to the ratio in which by the best evidence in his power, the same can be most fairly and equitably made ; 13, 14 V. c. 48, s. 35, No. 1. " 2. To certify to the Minister of Finance the apportion- To certify to the nients made by him, so far as they relate to the several ^mister of Fi- Counties, Cities, Towns and Incorporated Villages in Upper not"ifr Munioi- Canada, and to give immediate notice thereof to the Clerk P"' Cleric. of each County, City, Town and Village interested therein, stating the time when the amount oi moneys so apportioned will be payable to the Treasurer cf the County, City, Town or Village ; 13, 14 V. c. 48, s. 35, No. 2. 3. To direct the distribution of the Common School fund of Distribution by any Township, among the several School Sections and parts of iliieii^n^"^' sections entitled to share in the same, according to the length of time in each year, during which a School has been kept open by a legally qualified Teacher in each of such Sections or parts of Sections ; 16 V. c. 185, s. 18. 4. To apportion the moneys provided by the Legislature Apportioning- for the establishment and support of School Libraries; but no l>bi-*''y 8''ant- aid shall be given towards the establishment or support of any Conditions. School Library unless an equal amount be contributed and expended from local sources lor the same object; 13, 14 V. c. 48, s. 35, No. 10. 5. To prepare suitable forms, and to give such instruc- Preparing tions as he may judge necessary and proper, for making all re- foimsandre- portsandconductingallproceedingsunderthisAct, and to cause ^" the same, with such general regulations as may be approved of by the Council of Public instruction for the better organization and government ol Common Schools, to be transmitted to the officers required to execute the provisions of this Act ; 13, 14 V. c. 48, s. 35, No. 3. 6. To cause to be printed from time to time, in a conve- Distributing of nient form, so many copies of this Act, with the necessary •'^'^"'"'' '"'■'"*• forms, instructions, and regulations to be observed in executing its provisions, as he may deem sufficient for the information of all officers of Common Schools, and to cause the same to be distributed for that purpose ; 13, 14 V. c. 48, s. 35, No. 4. 7. To see that all moneys apportioned by him, are Protecting applied to the objects for which they were granted ; and for ^^^°o\ moneys, that purpose, and when not otherwise provided for by law to Deciding corn- decide upon all matters and complaints submitted to him which P'^""*- involve the expenditure of any part of the School Fund ; 8. 758 Cap. 64. Common Schools, 22 Vict. Balances of lli School Fund. Appoinling h Deputy and Special Ins- pectors. 8. To direct the application of the balances of the School Fund apportioned for any year which may be forfeited according to the provisions of this Act, towards making np the salaries of Teachers in the County to which the same has been apportioned; 13, 14 V. c. 48, s. 35, No. 5. 9. To appoint one of his Clerks to be his Deputy, to per- form the duties of his office in his absence ; and to appoint one or more persons, as he, from time to time, deems necessary, 1o inspect any school, or examine into and report 1o him upon any school matter in the County where such person or persons reside ; but no allowance or compensation shall be made to such special inspector or inspectors for any services performed by him or them ; 13, 14 V. c. 48, s. 35, No. 6. Supeivision of 10. To take the general Superintendence of the Normal Normal school, g^jjopj . ^nd use his best endeavours to provide lor and recom- Text books. mend the use of uniform and approved text-books in the Schools ^- generally ; 13, 14 V. c. 48, s. 35, No. 7. Establishing 11. To employ all lawful means in his power to procure School libra- ^^^ promote the establishment of School Libraries for g-eneral reading, in the several Counties, Townships, Cities, Towns and Villages ; Plans of school 12. To provide and recommend the adoption of suitable houses. plans of School-houses, with the proper furniture and appen- To disseminate dages ; and to collect and difi'use among the people of Upper useful iniorma- Canada useful information on the subject of education gene- """■ rally ; 13, 14 V. c. 48, s. 35, No. 8. To submit 13. To submit to the Council of Public Instruction all books and ina- books or manuscripts which, with the view of obtaining Council of the recommendation or sanction of such Council for their Public instruc- introduction as text-books or library books, are placed in his hands ; and to prepare and lay before the Council of Public la^ions^' '^'^°"' I^istruction, for its consideration, such general regulations for the organization and government of Common Schools, and the management of School Libraries as he may deem necessary and proper ; 13, 14 V. c. 48, s. 35, No. 9. Teachers in- stitutes. Kesponsibility for monej's. 14. To appoint proper persons to conduct County Teachers Institutes, and to furnish such rules and instructions as he may judge advisable in regard to the proceedings of such Institutes, and the best means of promoting and elevating Ihe profession of school leaching and increasing its usefulness ; 13, 14 V. c. 48. s. 35, No. 11. 15. To be responsible for all moneys paid through him in behalf of the Normal and Model Schools, and to give such security for the same as the Governor may require ; 16. 1859. Common Schools. Cap. 64. 759 16. To pvepai-p and transmit all correspondence directed or Correspon- authorized bv thi.' Council of Public Instruction for Upper Cana- ''!:"''" °',J°""- da ; 13, 14 \ . c. 48, s. 35, No. 12. stmction. 17. To make annually to the Governor, on or before the Annual report first ively, shall be payable on or before the first day of July, in each year school fund doiined 764 Cap. 64. Common Schools. 22 Vict. year, to the Treasurer of each County, City, Town and Village, in such way as the Governor in Council from time to time directs, Common and such sum, together with at least an equal sum raised annually by local assessment, shall constitute and be called the Com- mon School Fund of such County, Township, City, Town or Village ; and no part of the Salaries of the Chief or l^ocal Superintendents, nor of any other persons except Teachers em- ployed or of any expenses incurred in the execution of this Act, shall be paid out of the said Common School Fund, but such Fund shall wholly and without diminution, be expended in the payment of Teachers' Salaries as herein provided. 13, 14 V. c. 48, ss. 42, 45. Conditions of 1S4. No County, City, ToAvn or Village shall be entitled to receiving share ^ share of the Legislativ.e School Grant without raising by assessment a sum at least equal (clear of all charges for collec- tion) to the share of the said School Grant apportioned to it ; Case of default and should the Municipal Corporation of any County, City, to raise sufli- fown or Village, raise in any one year a less sum than that apportioned to it out of the Legislative School Grant, the Chiei Superintendent of education shall deduct a sum equal to the deficiency, from the apportionment to such County, City, Town or Village in the following year. 13, 14 V. c. 48, s. 40. School to tie 1^5. All the School expenses of each Section shall be supported by— pjo^^j^jpfj foj. ^y g^y qj. gii of tjjg ,i;j,.gg foUowlng methods : Subscription. 1. Voluntary subscription ; Kale bill. 2. Rate-bill for each pupil attending the School ; or Rate on pro- 3 Rate upon property ; perty. Rate-bill limit- But no rate-bill shall be imposed exceeding twenty-five cents per month for each pupil attending the School. 16 V. c. 185, s. ,13. e«l. TWELFTHLY. SPECIAL PROVISIONS. Incasearesi- 13®. Any person residing in one School Section, and send- sect'ioU s"nd ^^^ ^ child or children to the School of a neighboring School his children to Section, shall nevertheless be liable for the payment of all rates another section, assessed for the School purposes of the Section in which he resides, as if he sent his cliild or children to the School of such Section ; and such child or children shall not ba returned as attending any other than the School of the Section in which the parents or guardians of such child or children Exception as to reside ; but this clause shall not apply to persons sending *ch''u?a"^ children to or supporting separate Schools, or prevent any person, who may be taxed for Common School purposes on property situate in a ditferent School Section from that in which he resides, from sending his children to the School of the Section 1859. Common Schools Cap. 64 7^5 Section in which such property may be situate on as favo- rable terms as if he resided in such Section. 16 V. c. 185, s. 12. 137. If the Collector appointed by the Trustees of any Rates on lands School Section, be unable to collect that portion of any School of absentees to rate which has been charged on any parcel of land liable to c'lerk o™Mulu. assessment, by reason of there being no person resident ihereon "paliiy. or no goods and chattels to distrain, the Trustees shall make a return to the Clerk of the Municipality, bel'ore the end of the then current year, of all such parcels of land and the uncollected rates thereon , and the Cierk shall make a return to the County Treasurer of all such lands and the arrears of School rates there- on, and such arrears shall be collected and accounted for by How collected, such Treasurer in the same manner as the arrears of other taxes ; and the Township, Village, Town or City in which such School Section is situate, shall make up the deficiency arising from uncollected rates on lands liable to assessment, out of the General Funds of the Municipality. 16 V. c. 185, s. 22. See s. 27, No. 15 of this Act. 128. No person shall use any foreign books in the En- Foreign books glish branches of education in any Model or Common ""Y" "^ "^f^ School, without the express permission of the Council of Public oAiJeCouncU Instruction, and no portion of the Legislative School Grant °"'-^- shall be applied in aid of any Common school in which any book is used that has been disapproved of by the Council of Public Instruction, and public notice given of such disapproval. 13, 14 V. c. 48, ss. 14, 38, No. 5. 139. No person shall require any pupil in any such School Pupiisnottobe to read or study in or from any religious book, or to join in any ''^i""'^'^ 'o P ,■' . .y . ° , . 1 , > . "^ observe reli- exercise ot devotion or religion objected to by his or her gious exercises parents or guardians ; but within this limitation, pupils shall "''^'^'''^'^ '"''y r II 1 . IT. . . ' S • parents. be allowed to receive such religious instruction as their parents and guardians desire, according to any general regulations provided for the government of Common Schools. 13, 14 V. c. 48, ss. 14, 38, No. 5. THIRTEENTHLY. PENAL CLAUSES. ISO. If any Secretary-Treasurer appointed by the School Penalty on Trustees of any school section or any person having: been Secretary- ,„ x>n u'u- • 11 Treasurer for such Secretary-Treasurer, has m his possession any books, refusing to ac- papers, chattels, or moneys, which came into his possession, count- as such Secretary-Treasurer, and wrongfully withholds or refuses to deliver up, or to account for and pay over the same or any part thereof to the person, and in the manner directed by a majority of^ the School Trustees for the School Section then in office, such withholding or refusal shall be a misdemea- nor. 13, 14 V. c. 48, s. 44. 131. Upon application to the Judge of the County Court, County Judge by a majority of such Trustees, supported by their affidavit '° ^*™ *""- made 766 Cap. 64. Common Schools. Vict. mary jurisdic- tion. Order to be served. made before some Justice of the Peace, of such wrongful with- holding or refusal, such Judge shall make an order that such Secretary-Treasurer or person having been such, do appear before him at a time and place to be appointed in the order. 13, 14 V. c. 48, s. 44. 1 S5S. Any Bailiff of a Division Court, upon being required by such Judge, shall serve such order personally on the party com- plained against, or leave the same with a grown-up person at his residence. 13, 14 V. c. 48, s. 44. County Judge 10 hear and de- termine the Non-compli- ance with Judge's order. 1 33. At the time and place so appointed, the Judge, being satisfied that such service has been made, shall, in a summary manner, and whether the party complained of does or does not appear, hear the complaint, and if he is of opinion that the complaint is well founded, such Judge shall order the party complained of to deliver up, account for and pay over the books, papers, chattels or moneys as aforesaid by a certain day to be named by the Judge in the order, together with such reasonable costs in(Turred in making the application, as the Judge may tax. 13, 14 V. c. 48, s. 44. 134. In the event of a non-compliance with the terms spe- cified in such order or any or either of them, the Judge shall order the said party to be forthwith arrested by the Sheriff of any County in which he may be found, and to be com- mitted to the Common Gaol of his County, there to remain without bail until such Judge be satisfied that such party has delivered up, accounted for or paid over the books, papers, chattels or moneys in question, in the manner directed by the majority of the Trustees as aforesaid. 13, 14 V. c. 48, s. 44. 135. Upon proof of his having so done, such Judge shall make an order for his discharge, and he shall be discharged accordingly. 13, 14 V. c. 48, s. 44. 13®. No such proceeding shall impair or affect any other remedy which the said Trustees may have against such Secre- tary-Treasurer, or person having been such, or his sureties. 13, 14 V. c. 48, s. 44. Protection of 13'?'. If any part of the Common School Fund be embezzled S""™ '''^°°' or lost through the dishonesty or faithlessness of any party to whom it has been entrusted, and proper security against such Certain parties Joss has not been taken, the person whose duty it was to have ponsibie.^ '^''*" exacted such security, shall be personally responsible for the sums so embezzled or lost, and the same may be recovered from him by the party entitled to receive the same by action at law in any Court having jurisdiction to the amount, or by in- formation at the suit of the Crown. 13, 14 V. c. 48, s. 43. Discharge. Other remedy not affected. 1»8. 1859. Common Schools. Cap. 64. 757 138. If any Trustee of a Common School knowingly Penalty for signs a false report, or if any Teacher of a Common School Ifn^'^re 'J^ters keeps a false school Register, or makes a false return, with the view of obtaining a larger sum than the just proportion of school moneys coming to such Common Scliool, such Trustee or Teacher shall, for each offence, forfeit to ihe Common School Fund of the Township, the sum of twenty dollars for which any Prosecution be- person whatever may prosecute him before a Justice of the *"i''^, '' ^"^'•'J''' Peace, and for which he may be convicted on the oath of one credible witness other than the prosecutor, and ii upon convic- tion the penalty is not forthwith paid, the same shall, under the Proceedings. warrant of such Justice, be levied with costs by distress and sale of the goods and chattels of the offender, and such penalty when so paid or collected shall by such Justice be paid over to the said Common School Fund ; or the said offender may be prosecuted and punished for the misdemeanor. 13, 14 V. c. 48, s. 13. 139. Any person who wilfully disturbs, interrupts or disquiets Disturbing- the proceedings of any school meeting authorized to be held by ^'^'"'o'*' this Act, or any school established and conducted under its authority, or wilfully interrupts or disquiets any Grammar, Com- mon or other Public School, by rude or indecent behaviour, or by making a noise either within the place where such school is kept or held, or so near thereto as to disturb the order or exercises of such school, shall, for each offence on conviction thereof ?™*'?T.!i?,'i^" x.ri-m If Til tore a Justice before a Justice of the Peace, on the oath of one credible of the Peace, witness, forfeit and pay for Common School purposes, to the School Section, City, Town or Village within which the offence was committed, such sum not exceeding twenty dollars, together with the costs of the conviction, as the said Justice may think fit ; or the offender may be indicted and punished for any of the offences hereinbefore mentioned as a misdemeanor. 13, 14 V. c. 48, s. 46,-16 V. o. 185, s. 19. 14©. Unless it is in this Act otherwise provided, all fines, How penalties penalties and forfeitures recoverable by summary proceeding *''""j^^^''^'^°- may be sued for, recovered and enforced with costs by and be- fore any Justiceof the Peace having Jurisdiction within the School Section, City, Town or Village in which such fine or penalty has been incurred, and if any such fine or penalty and costs be not forthwith paid, the same shall, by and under the warrant of the convicting Justice, be enforced, levied and collected with costs by distress and sale of the goods and chattels of the offender, and shall be by such Justice paid over to the School Treasurer of the School Section, City, Town or Village, or other party entitled thereto, and in default of such distress, such Justice shall by his warrant cause the offender to be imprisoned fpr any time not ex- ceeding thirty days, unless the fine and costs, and the reasonable expenses of endeavouring to collect the same, be sooner paid. 16 V. c. 186, s. 19. INTERPKETATION 7 b' 8 Cap. 64, 65. Common Schools. 22 Vict. I NTERPRE'J' ATION. Interpretation clause. 141. The word " Teacher " shall include female as well as male teachers ; the word, "County" shall include Unions of Counties, and the word "Townships" shall include Unions of Townships made for Municipal purposes. 13, 14 V. c. 48, s. 48. SHORT TITLE TO SCHOOL ACTS. Short Title. 143. In citing or Otherwise referring to this Act, it shall be sufficient to designate it as "The Upper Canada Common School Act," and in citing or otherwise referring to this Act, or any other Act or Acts relative to Common Schools, which may, at the time of such citation or reference, be in force in Upper Canada, it shall be sufficient to use the expression, "The Common School Acts of Upper Canada." 16 V. c. 185, s. 28. CAP. LX V. An Act respecting Separate Schools. HER Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows : 1. PROTESTANT AND COLORED PEOPLE. Conditions on 1. Upon the application in writing of twelve or more heads schools for ^'^*"' °^ families resident in any Township, City, Town or Ineor- Protestants or porated Village, being Protestants, the Municipal Council of ma° bf ^^°^'^ ^^^^ ^^^'^ Township or the Board of School Trustees of any such «8tablisheJ. City, Townor Incorporated Village, shall authorize the establish- ment therein of one or more separate schools for Protestants ; and upon the application in writing of twelve or more heads of families resident in any Township, City, Town or Incorporated Village, being colored people, the Council of such Township or the Board of School Trustees of any such City, Town or Incor- porated Village, shall authorize the establishment therein, of one or more separate schools for colored people, and in every such case, such Council or Board, as the case may be, shall prescribe the limits of the section or sections of such schools. 13, 14 V. 0. 48, s. 19. Limits. Election same as in common schools. Three trustees. 2. There shall be three Trustees for each separate school, and the first meeting for the election of such Trustees, shall be held and conducted in the manner and according to the rules provided in the sixth to the eleventh sections of the Act respecting Common Schools for holding the first school meeting in a new school section. 13, 14 V. c. 48, s. 19. Commence- 3. Each such separate school shall go into operation at the ment and regu- game time as is provided in the case of altered school sections, Jations. ' > 1859. Separate Schools. Cap. 66. 759 of Common Schools, and shall, with respect to the persons for whom any school has been established, be under the same regulations as Common Schools generally. 14, 15 V. c. Ill, s. 1. 4. None but colored people shall vote at the election of Voters defined. Trustees of any separate school established for colored people and none but the parties petitioning for the establishment of, or sending children to a separate Protestant school, shall vote at the election of Trustees of such school. 13, 14 V. c. 48, s. 19. 5. In any City or Town the persons who make application. Union of warda according to the provisions of the first section of this Act, '" '^"''^^ ^"^ may have a separate School in each Ward, or in two or more °^°^" wards united, as the said persons may judge expedient. 14, 15 V. C. 111,8. 1. 6. No Protestant separate school shall be allowed in any Special oondi- school section, except when the Teacher of the Common School *'°°*- in such section is a Roman Catholic. 13, 14 V. c. 48, s. 19. 7. In all Cities, Towns, Incorporated Villages and Town- Exemption ship Common School Sections in which such Separate Schools ^'"■^ common •in 11 /I 1 \ school rates. exist, each Protestant or colored person (as the case may be) sending children to any such School or supporting the same by subscribing thereto annually an amount equal to the sum at 'which such person, if such Separate School did not exist, must have been rated in order to the obtaining the annual Legislative Common School Grant, shall be exempt from the payment of all rates imposed for the support of the Common Schools of such City, Town, Incorporated Village and School Section respectively, and of all rates imposed for the purpose of obtaining such Common School Grant. 16 V. c. 185, s. 4. 8. The exemption from the payment of school rates, as Suchexemp- herein provided, shall not extend beyond the period during 'jo" "j""^'- which such persons send children to or subscribe as afore- said for the support of such Separate School ; nor shall such exemption extend to school rates or taxes imposed or to be imposed to pay for school houses, the erection of which was undertaken or entered into before the establishment of such Separate School. 16 V. c. 185, s. 4. s. 4. 9. Such Separate Schools shall not share in any school Not to share - - .-.• .. .. w~,T w^_j^ municipal assessment. money raised by Local Municipal Assessment. 16 V. c. 185, "»"»""<•-' 10. Each such separate school shall share in such Legislative share ofiegis- Comraon. School Grant according to the yearly average ^'^escho^^ number of pupils attending such Separate School, as compared fed. with the average number of pupils attending the Common WW Schools 770 Gap. 65, Separate Schools. 22 Vict. Certifirate of leacher. Half-yearly returns to the loi-al superin- tendent. Ijocal superin- tendent to re- port to clerlf and trustees. Schools in each such City, Town, Incorporaled Village or Township ; the mean attendance of pupils for winter and summer being taken. 16 V. c. 185, s. 4. 11. A Certificate of qualification, signed by the majority of the Trustees of such Separate School, shall be sufficient for any Teacher of such School. 16 V. c. 185, s. 4. 13. The Trustees of each such Separate School shall, on or before the thirtieth day of June, and thirty-first day of December of each year, transmit to the Local Superintendent of Schools a correct return of the names of all Protestant or colored persons (as the case may be), who have sent children to, or subscribed as aforesaid for the support of such Separate School during the then last preceding six months, and the names of the children sent, and the amounts subscribed by them respectively, together with the average attendance of pupils in such Separate School during such period. 16 V. c. 185, s. 4. 1 3. The Local Superintendent shall, upon the receipt of sueh return, forthwith make a return to the Clerk of the Munici- pality and to the Trustees of the Common School Section or Municipality in which such Separate School is established, stating the names of all the persons who, being Protestants or colored persons (as the case may be), contribute or send children to such Separate School. 16 V. c. 186, s. 4. 14. Except for any rate for building school houses under- taken before the establishment of such Separate School, the Clerk shall not include in the Collector's Roll for the general or other school rate, and the Trustees or Board of Trustees shall not include in their school rolls, any person whose name appears upon such last mentioned return. 16 V. c. 185, s. 4. 15. The Clerk or other Officer of the Municipality within which such Separate School is established, having possession of the Assessor's or Collector's Roll of the said Municipality, shall allow any one of the said Trustees, or their authorized Col- lector, to make a copy of such Roll as far as it relates to their School Section. 16 V. c. 185, s. 4. Certain Act to l©- The provisions of the one hundred and thirty-eighth see- "pp'y- tion of the Act respecting Common Schools shall apply to the Trustees and Teachers of such Separate Schools. 16 V. c. 185, s. 4. Separate school ' '^- The Trustees of each such Separate School shall irnsiees to have be a body corporate under the name of the Trustees of the Se- oommon^chooi paratc School of , (as the case may be) in the trustees. Township, City or Town (as the case may be) of , and shall have the same power to impose, levy and collect school rates or subscriptions, upon and from persons Clerks and trustees to ex- empt from rates supporters of separate schools. Clerk to allow use ol asses- sor's roll. 1859. Separate Schools. Cap. 65. 77 J persons sending children to, or subscribing towards the support of the Separate School, as the Trustees of a Common School Section have to impose, levy and collect school rates or subscrip- tions from persons having property in the section, or sending children to or subscribing towards the support of the Common School of such section. 16 V. c. 185, s. 4. 2. ROMAN CATHOLIC SEPARATE SCHOOLS. IS. Any number of persons, not less than five, being heads conditions, of families and freeholders or householders, resident within any five heads of School Section of any Township or within any Ward of any families to call City or Town, and being Roman Catholics, may convene a "'^"°^- public meeting of persons desiring to establish a Separate School for Roman Catholics in such School Section or Ward, for the election of Trustees for the management of the same. 18 V.c. 131, s. 2. 19. A majority of the persons present, not less than ten Meeting often in number, being freeholders or householders, and being Roman persons may Catholics, may, at any such meeting, elect three persons re- tiusteS'!^^ sident within such Section to act as Trustees for the manage- ment of such Separate School, and any person, being a British To be British subject, may be elected as a Trustee whether he be a free- objects. holder or householder, or not. 18 V. c. 131, s. 3. 20. A notice in writing addressed to the Reeve, or to written notice the Chairman of the Board of Common School Trustees, in the to certain offi- Township, City or Town in which such section is situate, may ^^'^' be given by all persons whether they were present at such meeting or not, who are freeholders or householders, residents within such sections, and Roman Catholics and favorable contents 0/ to the establishment of such separate school, declaring that they notice, desire to establish a Separate School in such School Section, and designating by their names, professions and places of abode the persons elected in the manner aforesaid as Trustees for the management thereof. 18 V. c. 131, s. 4. 3 1 . Every such notice shall be delivered to the proper Endorsement officer bv one of the Trustees so elected, and it shall be the duty '° ^"^ ™^.'''^ °" sucu. tiotlcc of the officer receiving the same to endorse thereon the date of the receipt thereof, and to deliver a copy of the same, so en- dorsed and duly certified by him, to such Trustee. 18 V. c. 131, s. 5. 22. From the day of the delivery and receipt of every Thereafter, such notice, the Trustees therein named shall be a body Cor- acorpMSi^, porate under the name of " The Trustees of the Roman Catho- lic Separate School for the Section Number , in the Township (City or Town, as the case may be.) in the County of ." 18 V. c. 131, s. 6. ww!» 23. 772 Cap. 65. Separate Schools. 22 Vict Notice in a newspaper. Umonof wards S3. When such Separate Schools are established in more in citie^i unit than one Ward of any City or Town, the Trustees of such Separate Schools may, if they think fit, form a union of such Separate Schools and, from the day of the notice in any public newspaper published in such City or Town an- nouncing such union, the Trustees of the several Wards shall together form a body Corporate under the title of " The Board of Trustees of the Roman Catholic United Separate Schools Eflect thereof, for the City (or Town) of , in the County of ." 18 y. c. 131, s. 7. trustees. Separate school ®4. The Trustees of such Separate Schools forming a s^e^power*™ body Corporate under this Act, shall have the same power common school to impose, levy and collect School rates or subscriptions, upon and from persons sending children to, or subscribing to- wards the support of such Schools, and all other powers in respect of Separate Schools, as the Trustees of Common Schools have and possess under the provisions of the Act relating to Common Schools. 18 V. c. 131, s. 8. And be subject to same penal- ties. Also teachers. All trustoes to be elected an- nually. Ee-election. 55. The Trustees of such separate School shall perform the same duties and shall be subject to the same penalties as Trustees of Common Schools ; and Teachers of Separate Schools shall be liable to the same penalties as teachers of Common Schools. 18 V. c. 131, s. 8. 56. The Trustees of such separate School shall remain in office until the second Wednesday of the month of January next following their election, on which day in each year a Meeting shall be held in each such section or ward, commenc- ing at the hour of ten of the clock in the forenoon, for the elec- tion of three Trustees for Separate Schools theretofore esta- blished ; but no Trustee shall be re-elected at any such meeting without his consent, unless after the expiration of four years from the time when he went out of office. 18 V. c. 131, s. 9. Children from other sections. ®7. The Trustees of such Separate Schools shall allow children from other School Sections, whose parents or lawful guardians are Roman Catholics, to be received into any Separate School under their management, at the request of such parents or guardians ; and no children attending such School shall be included in the return, hereafter required to be made to the Chief Superintendent of Education, unless they are Roman Catholics. 18 V. c. 131, s. 10. Certificates of teachers. School funds. S8. A majority of the Trustees of such Separate Schools in any Township or Village or of the Board of Trustees in any Town or Village, shall have power to graiit certificates of qualification to Teachers of Separate Schools under their management, and to dispose of all School Funds of every des- cription coming into their hands for School purposes. 18 V. c. 131, s. 11. 39. 1859. Separate Schools. Cap. 65. 773 29. Every person paying rates, whether as proprietor or Exemption tenant, who, on or before the first dny of February of any year, <'™'" 'onimon gives to the Clerk of the Mnnicipai'ity in which any Separate ^''''°'''"''"^'*- School is situated, notice that he is a Roman Catholic and a supporter of such Separate School, shall be exempted from the payment of all rates imposed for the year then next follow- ing for the support of Common Schools and of Common School Libraries, within the Ward or School Section wherein such separate School is established. 18 V. 131, s. 12. 30. Every Clerk of a Municipality, upon receiving any such Cenificaieof notice, shall deliver a certificate to the person giving such °'"'''" notice to the effect that the same has been given, and shewing the date of such notice. 18 V. e. 131, s. 12. SS. Any person who fraudulently gives any such notice. Fraudulent or wilfully makes any false statement therein, shall not thereby "°"'<^- secure any exemption from rates, and shall be liable to a penalty of forty dollars recoverable, with costs, before any Justice of the Peace at the suit of the Municipality in- terested. 18 V. c 131, s. 12. 39. Nothing in the last three preceding sections con- Exception as tained shall exempt any persdfi from paying any rate for the '" P^sent support of Common Schools or Common School Libraries, or for the erection of a School house or School houses, imposed before the establishment of such Separate School. 18 V. c. 131, s. 12. SS. Every such Separate School shall be entitled to a Share in legis- share in the fund annually granted by the Legislature of this 1^,3™''^''°°' Province for the support of Common Schools, according to the ° average number of pupils attending such School during the twelve next preceding months, or during the number of months which may have elapsed from the establishment of a new Separate School, as compared with the whole average number of pupils attending School in the same City, Town, Village or "*'*' Township: 18 V. c. 131, s. 13. 1. But no such Separate School shall be entitled to a share Average must in any such fund unless the average number of pupils so at- ^* '^• tending the same be fifteen or more, (periods of epedemic or contagious diseases excepted) ; 2. Nothing herein contained shall entitle any such Separate jNot to share ia School within any City, Town, Village or Township to any ^^^^^i^^^»^^_ part or portion of School moneys arising or accruing from local assessment for Common School purposes within the City, Town Village or Township, or the County or Union of Coun- ties within which the City, Town, Village or Township is situate. 34. 774 Cap. 65, 66. Separate Schools. 22 Vict. Hal/ yearly returns to the chief superin- tendent. Amount of grant deter- mined. Special condi- tions. 34. The Trustees of each such Separate School shall, on or before the thirtieth day of June and the thirty-first day of December in each year, transmit to the Chief Superintendent of Education for Upper Canada a correct statement, verified by at least one of such Trustees under oath made before a Justice of the Peace for the County within which the Separate School is situate, of the names of the children attending such School, together with the average attendance during the six next preceding months, or during the number of months which have elapsed since the establishment thereof, and the number of months it has been so kept open, and the Chief Superinten- dent shall thereupon determine the proportion which the Trus- tees of such Separate School are entitled to receive out of such Legislative grant, and shall pay over the amount thereof to such Trustees. 18 V. c. 131, s. 14. S5. The election of Trustees for any such Separate School shall become void unless a Separate School be established under their management within two months from the election of such Trustees. 18 V. c. 131, s. 13. Separatists not to vote at com- mon school meetings. 36. No person subscribing towards the support of a Separate School established as herein provided either for Roman Catho- lics, Protestants, or colored people, or sending children thereto, shall be allowed to vote at the election of any Trustee for a Common School in the City, Town, Village or Township in which such Separate School is situate. 16 V. c. 185, s. 4, — 18 V. c. 131, s. 16. TITLE 9 . RELIGIOUS AND BENEVOLENT INSTITUTIONS. CAP. L X VI. An Act respecting Tithes in Upper Canada. HER Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows : No person br 1. No tithes shall be claimed, demanded or received by any fnwk'du.'* ecclesiastical Parson, Rector or V'iearof the Protestant Church tithes, within Upper Canada. 2 G. 4, c. 32. GAP 1859. Establislimenl of Cemetery Companies. Cap. 67. 775 CAP. LX VII. , An Act respecting Companies for the establishment of Cemeteries in Upper Canada. HER Majesty, by and Avith the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows : 1. Any number of persons, not less than twenty may, in Notlessthau Upper Canada, form themselves into a Company for the purpose '^enty per- f . 1-1 • 1-- i_i- /-I ^ • X I, .sons may fona 01 establishmg one or more public Cemeteries near to, but a cemetery without the limits of any Town or City. 13, UV. c. 76, s. 1. company. 3. When any number of persons, 1. Not less than twenty, sub- Aftercertain scribe stock to an amount adequate to the purchase of the ground ghaiite'TbodiT required for such a Cemetery, and 2. Execute an Instrument corporate, according to the form in the next section contained, and 3. Pay to the Treasurer of the intended Company twenty-five per cent, of the capital stock intended to be raised, and 4. Register such Instrument at full length, together with a receipt from the Treasurer for the first instalment of twenty-five percent., with the Registrar of the County in which the ground is situate, — 5. The Company shall thenceforth become and be a body corporate by the name designated in the Instrument so registered, and may take, hold and convey the land to be used exclusively as a Cemetery or place for the burial of the dead. 13, 14 V. c. 76, s. 2. 3. The Instrument referred to may be in the form following : Be it remembered, that on this day of , in the Form ofins-i year of our Lord, one thousand eight hundred and , We, the undersigned. Stockholders, met at , in the County of , in the Province of Canadaj and resolved to fornri ourselves into a Cemetery Company, to be called , according to the provisions of an Act of Parliament, intituled. An Act, SfC. {insert the title of this Act) ; And we do hereby agree that the Capital Stock of the said Company shall be dollars, to be divided into shares of dollars each, entitling the holder to one hundred superficial feet ; And we, the undersigned Stockholders, do hereby agree to accept and take the number of shares set by us opposite our respective signatures, and we do hereby agree io pay the calls thereon, according to the provisions of the said Act, and of the Rules, Regulations and By-laws of the Company, to be made in that behalf. trument of association. NAME. NO. OF SHARES. AMOUNT. 13, 14 V. c. 76, s. 19. 4. 776 Cap. 67. Establishment of Cemetery Companies. 22 Vict. Cemetery to be ^- '^^'^- Company shall, by walls or other sufficient fences enclosed. of the height of eight feet at least, enclose every part of the Cemetery held by them. 13, 14 V. c. 76, s. 12. Cemetery to be 5. The Company shall also, out of the moneys received by repair? '^°° virtue of this Act, keep the Cemetery, and the buildings and fences thereof, in complete repair and in good order and con- dition. 13, 14 V. c. 76, s. 13. Company to 6. The Company shall make all proper and necessary sewers Sasary sewers ^^^ drains in and about the Cemetery for draining it and keep- &c. ' ing it dry ; and they may from time to time, as occasion requires, cause any such sewer or drain to open into an exist- ing sewer with the consent in writing of the persons having the management of the street or road, and with the like con- sent of the owner or occupier of the land through which or part of which the opening is intended to be made, doing as little damage as possible to the street, road or land wherein the same is made, and restoring it to the same or as good condition as it was in before being disturbed. 13, 14 V. c. 76, s. 14. Penalty on 7. If the Company at any time causes or sufi'ers to be brought tamfnatin^°any ^° °'* ^^ ^"^ ^"^^^ ^"7 river, spring, well, stream, canal, reservoir^ river, (Sec." aqueduct, pond or watering place, any offensive matter from the Cemetery, whereby the water is fouled, the Company shal! forleit for every such offence fifty dollars. 13, 14 V. c. 76, s. 15. KeTOvery and 8. This penalty, wiih full costs of suit, may, by a civil action application oi jjj ^nv Court of Competent iurisdiction, be recovered by any person having a right to use the water ; but the penalty and costs shall not be recoverable unless sued for during the conti- ^ nuance of the offence, or within six months after it has ceased. 13, 14 V. c. 76, s. 16. Damages may 9. In addition to the penalty of fifty dollars (and whether the ^additionlto Same has been recovered or not), any person having a right to peuaJties. use the w^aler may sue the Company in a civil action for any damage specially sustained by him by reason of the water being fouled ; or if no special damage be alleged, then, for the sum of ten dollars for every day during which the offensive matter has continued to be brought or to flow after the expiration of twenty-four hours from the time when notice of the offence was by such person served upon the Company. 13, 14 V. c. 76, s. 17. Where bo"'. 1 II , .,...,-', ,•', r^ "^ T , 111 n "' may lie held m shall be mdivtsible. but mav aiterwards be held and owned undivided in undivided shares.' 13, 14 V. c. 76, s. 6. Part. ^'^="'^- 17. One half of the proceedsof all sales of burial sites, mnde Application of by the Company, shall be first applied to the payment of the sXr.'^ ' °^ purchase money of the land acquired by the Company, and the residue to preserving, improving and embellishing the land as a Cemetery or burial ground, and to the incidental expenses of the Company ; and after payment of the purchase money, the proceeds of all future sales shall be applied to ihe preservation, improvement and embellishment of the Cemetery, and to the incidental expenses thereof, and to no other purpose what- ever ; and no dividend or profit of any kind shall be paid ^o diridend by the Company to any member thereof. 13, 14 V. c. 76, * °""^ " s. 6. Part. 18. 778 Cap. 67. Establishment of Cemetery Companies. 22 Vict. Lois to be not 18. Every proprietor of a lot in the Cemetery, containing less than 100 ^ot less than one hundred superficial feet, and who has paid superficial ieet. „ c i • c i i , i 11 , twenty-live per cent, or more, ol the price 01 the lot, shall be deemed a shareholder in the Company, and every such lot shall be deemed a share in the Company. 13, 14 V. c. 76, s. 4. Shareholders 10- Every shareholder who has paid to the Company, not paying $8 on iggg iIj^q eight dollars in all on his share or shares, shall be shares, eligible i- •, i t-.- ^ in i^ ir no a as directors. eligible as a Director. 13, 14 V. c. 7b, s. 4. No proprietor 20. The Company may sell a lot of any size, but no proprie- "uperfidalfeT ^"^ °^ ^ ^^^ Containing less than one hundred superficial feet shall beamem- shall thereby become a member of the Company or have any t'ovot?"""^ vote in the management of the affairs thereof. 13, 14 V. c. 76, 9. 4. Property to be managed by nine directors ; a majority to be a quorum. Directors to be elected by ballot. 21. The affairs and property of the Company shall be man- aged by nine Directors, a majority of whom shall form a quorum. 13, 14 V. c. 76, s. 3. 22. The first Directors shall be chosen by ballot from among the subscribers to the Registered Instrument, and thereafter the Directors shall be annually elected by the shareholders on the third Monday in January in every year. 13, 14 V. c. 76, s. 3. Number of '23. Upon every election of Directors, including the first, b°'^h ''''f "''"'^ every shareholder shall be entitled to one vote for every share he no shareholder holds or is possessed of up to ten, and one vote for every five to vote iiniess shares above ten ; but no shareholder shall vote unless he has each sifare'"' paid at least two dollars upon each share on which he votes. 13, 14 V. c. 76, s. 3. Election of President. By-laws. Register to be jiept. 24. The Directors, or a majority of them, shall, at their first meeting, elect one of their number to be President of the Com- pany, and the President, if present, (or if he be not present, then some Director chosen for the occasion) shall preside at every meeting of the Directors, and shall not vote except in case of an equality of votes when he shall have a casting vote. 13, 14 V. c. 76, s. 3. 25. The Directors may pass By-laws for the laying out, sel- ling, and managing of the ground, — for regulating the erection of tombs, monuments, or grave-stones therein, and for empower- ing the President to execute conveyances of plots to share- holders. 13, 14 V. c. 76, s. 5. 26. The Directors shall record in a book, kept for the pur- pose, all their By-laws and proceedings, and every person shall have access to such book for the purpose of searching and making extracts therefrom without payment of any fee. 13, 14 V. c. 76, s. 3. 27. 1859. EstabUs/iment of Cemetery Companies. Cap. 67, 68. 779 Q7. The Directors may also call for instalments on the Directors may sums subscribed for, and may appoint a time for the pay- ^^"Jg'' '"'*"''' ment thereof ; and if the same be not then paid, the right of the subscriber, and every instalment formerly paid, shall be forfeited, and he shall be held not to have subscribed, unless the Directors think it expedient to remit the forfeiture, which they may do if the instalments be paid with interest within one year after 'he day when they ought to have been paid. 13, 14 V. c. 76, s. 18. S*^. The Directors shall be personally liable for any judg- Directors liable ment recovered asfainst the Company. 13, 14 V. c. 76, s. 6. for judgments o I J 1 5 reoovered against the 9S>. Anypersonwho, 1— wilfully destroys, mutilates, defaces, company, injures or removes any tomb, monument, grave-stone or other pereons d"- stracture placed in a Cemetery, or any fence, railing or other work facing tomb for the protection or ornament of a Cemetery or of any tomb, ^'™^*' '^■ monument, grave-stone or other structure aforesaid or of any Cemetery lot within a Cemetery, or 2 wilfully destroys, cuts, breaks or injures any tree, shrub or plant, in a Cemetery, or 3~plays at any game or sport, in a Cemetery, or 4~discharges fire arms (save at a military funeral) in a Cemetery, or 5 — who wilfully and unlawfully disturbs persons assembled for the purpose of burying a body therein, or 6 who commits a nuisance in a Cemetery, shall be guilty of a misdemeanor, and shall, upon conviction thereof before a Justice of the Peace, or other Court of competent jurisdiction, be punished by a fine of not less than four dollars nor more than forty dollars, according to the nature of the offence. 13, 14 V. c. 76, s. 9. 3®. The offender shall also be liable in an action of trespass, Application of in the name of the Company, to pay all damages occa- penalties. sioned by his unlawful act ; and the money, when recover ed, shall be applied under the direction of the Directors for the reparation and reconstruction of the property destroyed, and members of the Company shall be competent witnesses in the suit. 13, 14 V. c. 76, s. 9. CAP. L X V 1 1 1 . Aa Act respecting Conveyances to Trustees for Burial Places. HER Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows ; 1. Whenever any of the inhabitants of a Township or locality when lands for in Upper Canada, to the number of ten or more, desire to ^aylf vested take a conveyance of land for a burying ground not to in trustees. belong exclusively to any particular denomination of Christians, such 780 Cap. 68, 69. Conveyances for Burial Places. 22 Vict. such persons may appoint Trustees, to whom, and theu' suc- cessors to be appointed in such manner as may be specified in the Deed of conveyance, the land may be conveyed ; and such Trustees, and their successors in perpetual succession, by the name expressed in the Deed, may take, hold and possess the land, in trust for the uses and purposes limited in the Deed, and may maintain and defend suits in law or equity for the protection thereof, and of their property therein. 13, 14 V. c. 77. Not exceeding S. But there shall not be held in trust under any such con- one township veyance for the purposes aforesaid, more than ten acres of or locality. land for the inhabitants of any one township or locality. 13, 14 V. c. 77. CAP. LXI X. An Act respecting- the property of Religious Institu- tions in Upper Canada. "ER Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows : "When lands may be vested in trustees for churches, church yards, burial grounds. &c. 1. When any Religious Society or Congregation of Chris- tians in Upper Canada, desire to talce a conveyance of land for the site of a church, chapel, meeting-house, burial ground or residence for the Minister, or wlienauy Religious Congregation or Society of Presbyterians, Lutherans, Calvinists, Methodists, Congregationalists, Independents, Anabaptists, Quakers, Me- nonists, Tunkers or Moravians, desire to take a conveyance of lands for the support of Public Worship and the propaga- tion of christian knowledge, such Society or Congregation may appoint Trustees to whom, and their successors to be appomted in such manner as may be specified in the' deed of conveyance, the land requisite for all or any of the purposes aforesaid may be conveyed ; and such Trustees and their successors, in perpetual succession, by the name expressed in the deed, may take, hold and possess the land, and maintain and defend actions in law or equity for the pro- tection thereof and of their property therein. 9 G. 4, c. 2, — 3 V. c. 73, s. 2,-8 V. c. 1,^>, s. 1. Conveyances g. But such Trustees shall, within twelve months after the be registered execution of the deed of conveyance, cause the deed to be ■within 12 registered in the office of the Registrar of the county in which the land is situate, or otherwise the same shall be void. 9 G. 4 c. 2, s. 3,-8 V. c. 15, s. 3. months. When trustees 3. When a debt has been or may be hereafter contracted for may mortgage the building, repairing, extending or improving of a church, meeting-house or chapel on land held by Trustees for the benefit of. 1859. Properly of Religious Institutions. Cap. 69. 731 of any Religions Society in Upper Canada, or for the pur- chase of the land on which the same has been or is intended to be erected, the Trustees, or a majority of them, may, from time to time, secure the debt or any part thereof, by a mort- gage upon the land, church, meeting-house or chapel ; or may borrow money to pay the debt or part thereof, and m.ay secure the re-payment of the loan and interest by a like mort- gage upon sach terms as may be agreed upon. 13, 14 V. c. 78, s. 1. 4. The Grantees in Trust named in any Letters Patent from Trustees may the Crown, or the Survivors or Survivor of them, or the Trustees lease lands for for the time being appointed in manner prescribed in the Let- ^^ ^*^"' ters Patent, whereby lands are granted for the use of a Congre- gation or Religious Body,and any other Trustees for the time being entitled by law to hold lands in trust for the use of a Congre- gation or Religious Body, may lease, for any term not exceeding twenty-one years, lands so held by them lor the use of a Con- gregation or Religious Body, at such rent and upon such terms as the Trustees or a majority of them deem reasonable. 5. In such lease they may covenant or agree for the renewal And renew thereof at the expiration of any or every term of twentv-one !""'' leases, r rii-i e ^ ^ i ."^i <*<=., or may years, tor a lurther term 01 twenty-one years or a less period, at bind their suc- such rent and on such terms as may then by the trustees for the c«;ssors to pay time being be agreed upon with the lessee, his heirs, executors, mentsf™^^' administrators or assigns, or may covenant or agree for the payment to the lessee, his executors, administrators or assigns, of the value of any buildings or other improvements which may, at the expiration of any term, be on the demised premises ; and the mode of ascertaining the amount of such rent or the value of such improvements may also be specified in the ori- ginal lease. 18 V. c. 119, s. 1. 6. ButtheTrusteesshallnot so lease without the consent of the Land not to be Congregation or Religious Body for whose use they hold the land '^^^^d without in trust, and such consent shall be signified by the votes of a gregation. majority of the Members present at a meeting of the Congrega- tion or Body duly called for the purpose, nor shall the Trustees lease any land which atthe time of making the lease is necessary for the purpose of erecting a Church or place of Worship or other Building thereon, or for a Burial Ground, for the Con- gregation for whose use the land is held. 18 V. c. 119, 8,4. 7. The Trustees for the time being entitled by law to hold Trustees may- land in trust for a Congregation or Religious Body, may, f."®°''''.'*'™'" , . 1 1 I'll 1111^*^*^ '"^"^ ^^ ^^~ m their own names or by any name by which they hold the rear— and in land, sue or distrain for rent in arrear, and may take all such '^'"" name. means for the recovery thereof as landlords in other cases are entitled to take. 18 V. c. 119, s. 3. 8. 782 Cap. 69. Property of Religious Institutions. 22 Vict. How land in trust may be sold when no longer required ty the congre- gation. May be by public or pri- Tale sale. Private sales to be s pproved of by the Court of Chancery. Trustees to prepare and shew state- ments annually. Trustees may be called upon to account by Court of Chan- cery. The provisions of s. 1 shall ex- tend to I he li. C. Church. S. When land held by Trustees for the use of a Congregation or Religious Body, becomes unnecessary to be retained for such use, and it is deemed advantageous to sell the land, the Trus- tees for the time being may give public notice of an intended sale, specifying the premises to be sold and the time and terms of sale ; and alter publication of the notice for four successive weeks, in a weekly paper published in or near the place where the lands are situated, they may sell the land at public auction according to the notice, but the Trustees shall not be obliged to complete or carry a sale into effect if in their judgment an adequate price is not offered for the land. 9. The Trustees ntay thereafter sell the land either by public or private sale ; but a less sum shall not be accepted at private sale than was offered at public sale. 10. Before a deed is executed in pursuance of a public or private sale, the i ongregation or Religious Body for whose use the lands are held, shall be duly notified thereof, and the sanction of the Court of Chancery obtained for the execution of the deed. 18 V- c. 119, s. 6,~12 V. c. 91, s. 2. 1 1 . Trustees selling or leasing land under the authority of this Act shall, on the first Monday in July in every year, have ready and open for the inspection of the Congregation or Reli- gious Body which they represent, or of any Member thereof, a detailed statement shewing all Rents which accrued during the preceding year, and all sums of money whatever in their hands for the use and benefit of the Congregation or Religious Body, which were in any manner derived from the lands under their control or subject to their management, and also shewing the application of any portion of the money, which has been expended on behalf of the Congregation or Body. IS V. c. 119, s. 6. 13. The Court of Chancery may in a summary manner, on complaint upon oath by three Members of a Congregation or Religious Body, of any misfeasance or misconduct on the part of Trustees in the performance of duties authorized by this Act, call upon the Trustees to give in an account ; and may enforce the rendering of such account, the discharge of any duties, and the payment of any money, so that the Congregation or Religious Body may have the benefit thereof; and the Court may compel the Trustees, in case of any misconduct, to pay the expense of the application, or may award costs lo the Trus- tees in case the application be made on grounds which the Court considers insuflScient or frivolous or vexatious. 18 V. c. 119, s. 7. 1 3. All the rights and privileges conferred upon any religious society or congregation of Christians in the first section of this Act mentioned, shall extend in every respect to the Roman Catholic Church to be exercised according to the government of the said Church. 3 V. c. 73, s. 3. CAP. 1869. Building Fund, Lunatic Asylum, ifc. Cap. 70. 7 g^ CAP. LXX. An Act respecting the Building Fund, the Lunatic Asylum and other Public Buildings. HER Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows : 1. All moneys which by any Act or Law are directed to be Certain moneys applied or reserved for Upper Canada purposes not otherwise "PP'i'^'J to the specially appropriated by law, shall be paid into and form part fuiS'.^"'''^"^ of " the Upper Canada Building Fund" under the authority of this Act. 13, 14 V. c. 68, s. 3,-20 V. c. 8, s. 1. 3. The moneys aforesaid shall be paid over to the Receiver ^^^ j„„^ f„„^ General and shall be applied by him : 13, 14 V. c. 68, s. 3. to be applied. Firstly — To the payment of the interest on Debentures j^, ^ nentof issued on account of the Lunatic Asylum and outstanding, the interest and also of the interest on any Debentures issued I''""!^'^'^^", under any Act of Parliament for the purpose of raising money raise tiioneys to complete the said Asylum, or to defray the expense of pro- 'f"' V"^ Lunatic •i r r ' ,.■ ..1 T. 1 !• n -IT ' ■ Asylum. curing a site lor or 01 erecting any other Fubiic Building m Upper Canada, for any Institution of general importance to the inhabitants of that portion of the Province; 13, 14 V. c. 68, 8. 3. Secondly — To the formation of a Sinking Fund of not less j^ forming a than six thousand dollars per annum, towards paying off the fund for pay- principal of such Debentures as aforesaid ; 13, 14 V. c. 68, s. pri^eil}'"' 3. Thirdly — Towards the support of the Lunatic Asylum and of i„ snpporting- any other such Institution as aforesaid, in the manner directed the Asylum. by Parliament. 13, 14 V. c. 68, s. 3. 3. All moneys forming part of the said Upper Canada Build- How sums not ing Fund, and not required for the Public Service, shall, until i'n™ediaieiy so required, be invested by the Receiver General, under instruc- invested. " tions from the Governor in Council, in Public Provincial Secu- rities, and the interest on such securities shall form part of the said Fund. 20 V. c. 8, s. 2. 4. Such securities, or as many of them as necessary, may when and how be disposed of by the Receiver General, from time to time, securities under instructions from the Governor in Council, and the pro- be'^reranvc'iled ceeds thereof shall be applied to meet any lawful payments '"to n>oiey. out of the said Fund. 20 V. c. 8, s. 2. CAP 784 Cap. 71. Provincial Lunalic Asylum, Toronto. 22 Vict. CAP. LXXI. An Act respecting the Provincial Iiunatic Asylum at Toronto. HER, Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows : Asylum and * • The Provincial Lunatic Asylum in Toronto, and all the properly vested property real and personal, and all effects belonging to it, shall mtheCro,.i,. ^^ ^^^^^^^ .^^ ^j^^ q^^^^_ jg y. C. 188, S. 2. Financial bu- 2. The financial business and affairs of the said Institution siness and af- s\\2l\ be managed by ah officer to be appointed by the Gover- managed\y a ^^^ during pleasure, and to be called " The Bursar of the Pro- Bnrsar who vincial Lunatic Asylum," who shall give Bonds in such sum curity'"'* ^' ^^ ^^e Governor directs for the due performance of the duties of his office. 16 V. c. 188, s. 3. And report 3. The Bursar shall report the state of the income and ex- periodicaliy. penditure in the following manner : 1 . To the Inspectors of Lunatic Asylums at each visit ; 2. Monthly, to the Medical Superintendent ; 3. Quarterly, to the Governor ; and 4. Annually to each House of the Provincial Parlia- ment, within ten days after the opening of each Session thereof. 16 V c. 188, s. 3,-20 V. c. 28, s. 16. Medical Super- 4. The Govcmor may appoint during pleasure a Medical intendent to be Superintendent who shall reside in the Asylum, and who shall— appointed : his '^ •/ / special duties. 1. Direct and control the medical and moral treatment of the patients ; 2. Hire and discharge from time to time the Keepers and Servants ; 3. Watch over the internal management, and maintain the discipline and due observance of the By-Laws of the Institu- tion ; 4. Report the condition thereof to the- Visiting Inspectors at each visit, and annually to the Governor, and to each House of the Provincial Parliament within ten days after the opening of each Session thereof. 16 V. c. 188, s. 4. 5. 1859. Provincial Lunatic Asy^lum, Toronto. Cap. 71. 7^5 5. No person shall be received into the Institution as a Lu- No lunatic to natic without a Certificate from three Medical Licentiates, ^Yh^t'^^CTti signed and verified by the Reeve of the Township or Incorpor- fcate of thri" ated Village, or the Mayor of the City or Incorporated Town ^nf-al'is^^r'e- from which the Lunatic may be sent, and in the absence of rificd by Reeve the Reeve or Mayor, by the Deputy or other person for the time or Mayor. being authorized to act in the place of the Reeve or Mayor. 16 V. c. 188, s. 7. 6. Such Certificate shall state that the subscribing Medical Contents ot the Licentiates at the same time and in the presence of each other, certifirate. examined the patient, and after due inquiry into all necessary facts relating to his case, found him to be a Lunatic. 16 V. c. 188, s. 7. 7. Such Certificate shall be sufficient authority to any per- Effect of cer- son to convey the Lunatic to the said Asylum, and to the ''^'^'"«- authorities of the Asylum to detain him therein so long as he continues to be insane. 16 V". c. 138, s. 7. 8. In case any Lunatic sent to the Asylum be under the When father, age of twenty-one years, and has a Father or Mother able to dian of Lmia"io pay for his maintenance, or has a Guardian or Committee, the ""^er 21 is able Bursar and Medical Superintendent shall send a copy of the ma^nt^enance, Certificate hereinbefore mentioned, attested under their hands, CQ .3 CD ^ - n (rt g "3 ""I -a OJ u <4-l ri o ■.-» 0) 6JD a s O fTl ?J »J u. , , V >i 0) ID ^ fl ^ •n ^ a t3 si 0) o lU Q CS a; >-, '^ c3 bc-a S3 4-> o tiOo QJ ^ til ^ .^ 3 Hi t- frt 1) UJ o >. >-» cu j; J3 t fifty-nine, notwithstanding her coverture, have, hold and enjoy I^tsesSraTor all her real estate not then, ihat is on the said Fourth day of ber laasbao^L May, taken possession of by the husband, by himself or his tenants, and all her personal property not then reduced into the possession of her husband, whether belonging to her before marriage or in any way acquired by her after marriage, free from his debts and obligations contracted after the said Fourth day of May, one thousand eight hundred and fifty-nine, and; from 92 Cap. 73. Married Women, Rights of Property. 22 Vict. from his control or disposition without her consent, in as full and ample a manner as if she were sole and unmarried ; any law, usage or custom to the contrary notwithstanding. 22 V, c. 34, s. 2, (1859.) This Act 3. Nothing herein contain shall be construed to protect the seizure''in'exe- property of a married woman from seizure and sale on any execution against her husband for her torts ; and in such case, execution shall first be levied on her separate property. Ibid. s. 3. cution in cer- tain cases. Not to affect tenancy by curtesy. 4. No conveyance or other act of a wife in respect of her real estate shall deprive her husband of any estate he may be- come entitled to as tenant by the curtesy. Ibid. s. 4. Order o/proteo- 5. No married woman shall be entitled to her earnings to°eamm"r' *' during coverture without an order of protection under the pro- visions hereinafter contained. Ihid. s. 5. In what eases a married wo- man may ob- tain an order of protection for her earnings. 6. Any married woman having a decree for alimony against her husband, or any married woman who lives apart from her husband, having been obliged to leave him for cruelty or other cause which by law justifies her leaving him and renders him liable for her support, or any married woman whose husband is a lunatic with or without lucid intervals, or any married woman whose husband is undergoing sentence of imprison- ment in the provincial penitentiary, or in any gaol for a crimi- nal offence, or any married woman w^hose husband from habi- tual drunkenness, profligacy or other cause, neglects or refuses to provide for her support and that of his family, or any mar- ried woman whose husband has never been in this Province, or any married woman who is deserted or abandoned by her husband, may obtain an order of protection entitling her, not- withstanding her coverture, to have and enjoy all her earnings and those of her minor children, and any acquisitions therefrom free from the debts and obligations of her husband and from his control or dispositions, and without his consent, in as full and ample a manner, as if she continued sole and unmarried, any law, usage or custom to the contrary notwithstanding. Ibid. s. 6. How and by 7- The unmarried woman may at any time apply, or the hus- whom an order band or any of the husband's creditors may, at any time on notice protection "may to the married woman, apply for the discharge of the order of be obtained. protection ; and if an order for such discharge be made, the same may be registered or filed like the original order. Ibid s. 7. Purport and effect of such order. Either order may be in du- plicate. 8. Either order may issue in duplicate, and when the mar- ried woman resides in a City or Town where there is a Recor- der or Police Magistrate, the order for protection or any order madT in'eitSs ^ discharging the same shall be made by the Recorder or Police Magistrate, and shall be registered in the Registry office of the County, Ibid s. 8. and towns Registration. 1859. Married Women, Rights of Property. Cap. 73. 793 4>. When the married woman does not reside in a City or By whom made Town where there is a Recorder or Police Magistrate, the order ^,eh"cityor shall be made by the Judge or one of the Judges, or the acting town, or Deputy Judge of the Division Courts or a Division Court of the County in which the married woman resides, and instead of being registered, shall be filed for public inspection with the Clerk of the bivision Court of the Division within which the married woman resides. 22 V. c. 34, s. 9, (1859.) 1 ©. The hearing of an application for an order of protection, Hearing may or for an order discharging the same, may be public or private, private.'" ""^ tt the discretion of the Judge, Recorder or Police Magistrate. Ibid. s. 10. 1 1. The order for protection shall have no effect until it is Order not to registered or filed, and the Registrar or Clerk shall immediately tif regtstered."' on receiving the order, endorse thereon the day of registering or filing the same ; and a certificate of the registering or filing and date, signed by the Registrar or Clerk for the time being, shall be prima facie evidence of such registering or filing and date ; and a copy of the order which is registered or filed, cer- Evidence of tified under the hand of the Registrar or Clerk to be a true copy °^'^'^'' '^°- thereof, shall be sufficient prinid fade evidence of the order without proof of the signature of the Registrar or Clerk, and without further proof of the order itself, or of the making or validity thereof. Ibid. s. 11. IS. The order for discharging an order of protection shall From what not in any case be retroactive, but shall take effect from the diTcfhMging^'' time it is made, and the order for protection shall protect the protection shall earnings of the married woman and her children until an order '^"^^ '^''"■'' be made discharging such order of protection, and the married woman shall continue to hold and enjoy to her separate use, whatever during the interval between the registering or filing of the order of protection and the making of the order dis- charging the same, she may have acquired by the earnings of herself and her minor children. Ibid. s. 12. 13. Any estate or interest to which a husband may, by vir- Estate to which „ , . .' . , . , , . , I ^ r 1 • • r a husband is tue of his marriage, be entitled in the real property ol his wite, entitled in the whether acquired before or after the fourth day of May, one P™P^^yj°J^^* thousand eight hundred and fifty nine, or after this Act takes j^iuo"his™eiJt8 effect, shall not during her life be subject to the debts of the during her life. husband, but this provision shall not affect the right which any person, by or under any judgment or execution obtained against the husband, had obtained in respect of any such estate or interest acquired by a husband before the said Fourth day of May, one thousand eight hundred and fifty-nine. Ibid. s. 13. 14. Every married woman having separate property, whether ^^P^'^f J^^fe,' real or personal, not settled by any ante-nuptial contract, shall tobehabieior be liable upon any separate contract made or debt incurred by {^'r'g''„,^r*„^;, her before marriage, such marriage being since the said Fourth day of May, one thousand eight hundred and fifty-nine, or after this 794 Cap. 73. Married Women, Rights of Property. 22 Vict. this Act takes effect, to the extent and value of such separate property, in the same manner as if she were sole and unmarried. Liability of hus- band for such debts limited. Marriedwoman may devise or bequeath her separate pro- perty, &c. Separate per- sonal property of wife dying intestate, how to be distri- buted. As to actions, &(;., against wife for debts contracted be- fore niarrias^e. Judgment or decree in such cases. Act not 10 af- fect marriage settlements. As to pro- perty not 22 V. c. 34, s. 14, (1859.) 15. Every husband who since the said Fourth day of May or hereafter takes any interest in the separate, real or personal property of his wife, under any contract or settlement on mar- riage, shall be liable upon the contracts made or debts incurred by her before marriage, to the extent or value of such interest only, and no more. Ibid, s. 15. 1 6. From and after the said Fourth day of May, one thousand eight hundred and fifty-nine, and hereafter, every married woman may, by devise or bequest executed in the presence of two or more witnesses, neither of whom is her husband, make any devise or bequest of her separate property, real or personal, or of any rights therein, whether such property was or be , ac- quired before or after marriage, to or among her child or children issue of any marriage, and failing there being any issue, then to her husband, or as she may see fit, in the same manner as if she were sole and unmarried ; but her husband shall not be de- prived by such devise or bequest of any right he may have ac- quired as tenant by the curtesy. Ibid, s. 16. ly. The separate personal property of a married woman dying intestate shall be distributed in the same proportions between her Imsband and children as the personal property of a husband dying intestate is to be distributed between his wife and children ; and if there be no child or children living at the death of the wife so dying intestate, then such pro| erty shall pass or be distributed as if this Act had not been passed. Ihid, s. 18. 18. In any action or proceeding at law or in equity, by or against a married woman, upon any contract made or debt in- curred by her before marriage, her husband shall be made a party if residing within the Province, but if absent therefrom, the ac- tion or proceeding may go on for or against her alone ; and in the declaration, bill or statement of the cause of action, it shall be alleged that such cause of action accrued before marriage, and also that such married woman has separate estate ; and the judgment or decree therein, if against such married woman', shall be to recover of her separate estate only, unless in any action or proceeding against her, in which her husband has been joined as a party, any false plea or answer has been pleaded or put in by him, when the judgment or decree shall be, in addition, to recover against him the costs occasioned by such false plea or answer, as in ordinary cases. Ibid, s. 19. 1J>. Nothing in this Act contained shall be construed to prevent any ante-nuptial settlement or contract being made in the same manner and with the same effect as such contract or settlement might "be made if this Act had not been passed ; but notwithstanding any such contract or settlement, any separate, real 1859. Married Women, Rights of Property. Cap. 73, 74. 795 real or personal property of a married woman, acquired either coming within before or after marriage, and not coming under or being affected "'^ 'on'i'act. by such contract or settlement, shall be subject to the pro- visions of this Act, in the same manner as if no such contract or settlement had been made ; and as to such property, and her personal earnings and any acquisitions therefrom, such Avoman shall be considered as having married without any marriage contract or settlement. 22 V. c. 34, s. 20, (1859.) 2®. This Act shall apply and be construed retrospectively to the fourth May, one thousand eight hundred and fifty-nine, as well as prospectively, so as to give full operation and effect thereto as from the time of the passing of the 22 V. c. 34, (1859.) CAP. LXXI V. An Act respecting the appointment of Guardians and tlie Custody of Infants. HER. Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows : APPOINTMENT AND DUTIES OF THE GUARDIANS. 1. The right of appointing guardians of infants (such infants To what Court not having a father living or any legal guardian authorized "'® "s*' "^ by law to take the care of their persons and the charge of gimrdians'shall their estates), shall belong exclusively to the Surrogate belong. Court for the County within which any such infants reside, and letters of guardianship granted by a Surrogate Court shall have force and efl'ect in all parts of Upper Canada, and an official certificate of the grant may be obtained as in the case of letters of administration, and a return of every appointment and removal of a guardian shall be made by Registrars respect- ively to the Surrogate Clerk in like manner as in case of grants of probate or administration. 22 V. c. 93, s. 63, — 8 G. 4, c. 6, s. 4. 2. In all matters and applications touching or relating to.the in matters of appointment, control or removal of guardians of any such infants g^^rtg^^o^f^'P^ and the security to be given by such guardians and otherwise, same powers the several Surrogate Courts shall have the like powius, uris- '<"■ examina- ,.. , ,°, o 1 • ■ r-j xi """ ot witnes- diction and authority lor the examination 01 witnesses, the pro- sesandenfor- duction of deeds and writings, and generally for the enforcing '^^ ^l\^W of all orders, decrees and judgments made or given by such tam'entaiy Surrogate Courts in respect to the appointment, control and matters. removal of guardians as aforesaid, as are given to them by the Surrogate Courts' Act in matters testamentary, and such orders, decrees and judgments may be appealed from to the Court of Chancery in the manner provided for appeals to such Court in matters testamentary. 22 V. c. 93, s. C2. 3. Upon the written application of any such infant, or the friend ^fpf^bSS or friends of such infant, residing within the jurisdiction of the Surrogate Surrogate Courts may 796 Cap. 74. Appointment of Guardians of Infants. 22 Vict. Condition of -bond. appoint guar- Surrogate Court to which application may be made, and 4iaas. after proof of twenty days' public notice of the application and of notice thereof to the mother of such infant, or that such infant has no mother living in Upper Canada, the Judge of such Court may appoint some suitable and discreet person or persons to be guardian or guardians of such infant. 8 G. 4, c. 6, s. 1. Such guardians 4, The Judge shall take from the guardian or guardians so b° 5'™?®'^"''"'^ appointed a Bond in the name of the infant, in such penal sum and with such securities as the Judge directs and approves, having regard to the circumstances of the case, and such bond shall be conditioned that the said guardian or guardians will faith- fully perform the said trust, and that he or they, the said Guardian or Guardians, or his or their respective exe- cutors or administrators, will, when the said ward becomes of the full age of twenty-one years, or whenever the said guardianship shall be determined, or sooner if thereto required by the said Surrogate Court, render to his or their said ward, or to his or her executors or ad- ministrators, a true and just account of all goods, moneys, interest, rents, profits or property of such ward, which come into the hands of such guardian or guardians, and will thereupon without delay deliver and pay over to the said ward, or to his or her executors or administrators, the pro- perty or the sum or balance of money, which may be in the hands of the said guardian or guardians belonging to such ward, deducting therefrom and retaining a reasonable sum for the expenses and charges of the said guardian or guardians, and such Bond shall be recorded by the Registrar of the Court in the Books of his Office. 8 G. 4, c. 6. s. 1. AUTHORITY OF GUARDIANS. 5. The guardian or guardians of any infant so appointed, shall, during the continuance of his or their guardianship, have authority to act for and in behalf of the said ward : Bond to be re- corded. •Guardians' -authority. To appear in 1. And may appear in any Court and prosecute or defend actions at law. ^ny action in his or her name ; To manage real and per- sonal estate, &c. Bind ward an apprentice. Limitation of apprentice- ship. 2, And shall have the charge and management of his or her estate, real and personal, and the care of his or her person and education ; 3. And in case the infant be under the age of fourteen years may with the approbation of two of Her Majesty's Justices of the Peace, and the consent of such ward, or in case the infant be not under the age of fourteen years, then with the consent of the ward only may place and bind him or her an apprentice to any lawful trade, profession or employment; such apprenticeship, incase of males, not extending beyond the age of twenty-one years, and in case of females, not beyond the age of eighteen years, or 1859. Appointment of Guardians of Infants. Cap. 74. 797 or the marriage of the ward within that age. 8 G. 4, c. 6, s. 2. see 14, 15 V. e. 11, s. 1. ,.. -l REMOTAL OF GUAKUIANS. 6. The Judge by whom any guardian or guardians have How guardians been appointed may, upon reasonable complaint made and sus- '^J,^ ''"' tained, or cause shewn to his satisfaction, remove such guardian or guardians from his or their said guardianship, and if it be judged necessary, may appoint another guardian or guardians of the said infant. 8 G. 4, c. 6, s. 3. 7. The practice and procedure under this Act, shall, except Procedure un- where otherwise provided for by Rules or Orders under the der this Act in Surrogate Courts Act, conform, as nearly as the circumstances matt™™&c! of the case will admit, to the practice and procedure prescribed by the said Surrogate Courts Act, and all the powers given by the several sections of that Act, to the Judges appointed or to be appointed as contained in the eighteenth and nineteenth sections, may from time to time be exercised by them, for the purpose of simplifying and expediting the proceedings, and for fixing and regulating the fees to be taken by Officers and by Attorneys and Counsel respectively for business and pro- ceedings done and taken under this Act in the several Surro- gate Courts. 22 V. c. 93, s. 64. CUSTODY or INFANTS. 8. Any of the Superior Courts of Law or Equity in Upper Court or Judge Canada, or any Judge of any of such Courts, upon hearing dir^fol^aiiow-' the petition of the mother of any infant, being in the sole cus- ing tiie mother tody or control of the father thereof, or of any person by his fnfan?in'the^ authority, or of any guardian after the death of the father, may, sole custody of if such Court or Judge sees fit, make order for the access *he^^person%r of the petitioner to such infant, at such times and subject to for its delivery such regulations as such Court or Judge thinks conve- yJarsrandalso nient and just, and if such infant be within the age of order for its twelve years, may make order for the delivery of such infant to ma'n'^"*^"®- the petitioner, to remain in the care and custody of the peti- .ii tioner until such infant attains the age of twelve years, subject to such regulations as such Court or Judge may direct, and such Court or Judge may also make order for the mainte- nance of such infant by payment by the father thereof, or by payment out of any estate to which such infant maybe entitled, of such sum or sums of money from time to time, as, accordiug to the pecuniary circumslances of such father or the value of such estate, such Court or Judge thinks just and reasonable. 18 V. c. 126, s. 1. '9. The Court or Judge as aforesaid, may enforce the Court or Judg& attendance of any person before such Court or Judge, to testify case may com- on oath respecting the matter of such petition by order or rule pel the attend- made 798 Cap. 74, 75. Appointment of Guardians of Infants. 22 Vict. nesses. anre of wit- made for that purpose, and on the service of a copy thereof and the payment of expenses as a witness, in the same manner as in a suit or action in the said Courts respectively, or may receive affidavits respecting the matters in such petition. 18 V. c. 126, s. 2. Orders enfor- 10. Ail Orders made by the Court or a Judge by virtue of this cess of con-™" ^^^i ^^all be enforceable by process of contempt by the Court or tempt. Judge by which or by whom such order has been made. 18 V. c. 126, s. 3. Order not to be 11. No order directing that the mother shall have the cus- of mother gu?ity ^^'^Y of Or access to an infant shall be made by virtue of this of adultery. Act, in favor of a mother, against whom adultery has been es- tablished by judgment in an action for criminal conversation, at the suit of her husband against any person. 18 V. c. 126, s. 4. CAP. LXXV. An Act respecting Master and Servant. "ER Majesty, by arid with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows : 1. SLAVERY PROHIBITED. Slavery prohi- 1 . The Governor shall not grant a license for the importation bited. Qf j^j^y Negro or other person to be subjected to the condition of a Slave, or to a bounden involuntary service for life, into any part of Upper Canada ; nor shall any Negro, or other person, who comes or is brought into Upper Canada, be subject to the condition of a Slave, or to such service as aforesaid, within the same. 33 G. 3, c. 7, s. 1. No voluntary ®- ^o Voluntary contract of service or indentures en- contract of ser- tered into by any parties within Upper Canada, shall be turesTo'bt'^''' binding on them, Or either of them, for a longer time than a binding; longer term of nine years, from the day of the date of such contract. than nine years. 33 g^ 3^ ^ 1^s.\. 2. MASTER AND SERVANT. Verbal as well 3. All agreements or bargains, verbal or written, between as \vritten Masters and Journeymen, or skilled Labourers, in any Trade, tween"mabier^ Calling or Craft, or between Masters and Servants or Labourers, and servant to for the performance of any duties or service of whatsoever ® ™ "'^" nature, shall, whether the performance has been entered upon or not, be binding on each parly for the due fulfil- ment thereof; but a verbal agreement shall not exceed the term of one year. 10, 11 V. c. 23, s. 1,-18 V. c. 136, ss. 1, 2. 1859. Master and Servant. Cap. 75. 799 4. If after anj' such engagement has been entered into, and Persons leav- during the period of such enMgement, whether such emolov- '"/J'""""P'°^ ■ 1 u 1 I , , " •' of their master ment has been commenced or not, the person who thereby or refusing to undertook to perform any service or worlv, refuses to go to ^"*' "^f •' ^ work, or (without permission or discharge) leaves the employ of into an°enga|e- the party whom he has engaged to serve, or refuses to obey the ™''"' ^"'' '=°"- lawful commands of the person under whose direction such ser- SbeliaWe vices are to be performed, or neglects the service, or injures the '° punisiiment. property of his employer, the offender shall (upon the complaint of such employer, or any person in charge under him) be liable to punishment for such ofience as hereinafter provided. 10, 11 V. c. 23, s. 2,-18 V. c. 136, s. 2. 5. If any tavern keeper, boarding-house keeper or other per- Tavern keep- son, induces or persuades any servants or labourers to confede- ^'^ inducing rate for demanding extravagant or high wages, and prevents fSIrTte to del their hiring, then upon due proof of the oiTence, such tavern mandinghigher keeper shall forfeit his license in addition to any fine, and such Xo^subj'ect^to tavern keeper, boarding house keeper or other person shall be ^°^^> ^°- subject to fine or imprisonment, as hereinafter provided. 10, 11 V. c. 23, s. 3. 6. No tavern keeper or boarding-house keeper shall keep the Tavern koep- wearing apparel of any servant or labourer in pledge for keep^wearing'" any expenses incurred to a greater amount than six apparel of ser- dollars, and on the payment or tender of such sum, or of any foTany amount less sum due, such wearing apparel shall be immediately above $6. given up, whatever be the amount due by such servant or labourer ; but this is not to apply to other property of the servant or labourer. 10, 11 V. c. 23, s. 4. SUMMARY PROCEEDINGS BEFORE JUSTICES. 7. Any one or more of Her Majesty's Justices of the Peace Duties of Jus- may receive the complaints upon oath of parties complaining of peaoe otl^re- any contravention of the preceding provisioas of this Act, and ceiying com- may cause all parties concerned to appear before him or them, i'if't"!? ?|^'°*' jiiii 11 • t !•■ 1 P"'^'-!^^ '"^ con- and shall near and determine the complaint in a summary and travention of expeditious manner, and punish parties found guilty of the t*"^-*^'''- offence alleged by fine or imprisonment, allowing such costs as may be legal and just, 8. All fines imposed under this Act shall be paid to the How fines 10 Treasurer of the County, Town or City in which the con- ''^ '"^P"''-''' °^- viction has been had, to be applied to the general uses of such County, Town or City respectively. 9. No Justice or Justices shall impose any fine exceedins; i'imii of fines twenty dollars, and no imprisonment shall exceed one month, ment. nor be less than one day. 10, 11. V. c. 23, s. 6. 10. In every case of a summary conviction under this Act Justices of the where the sum forfeited, or imposed as a penalty by the Justice, **'® ™^y is 800 Cap. 75. Master and Servant. 22 Vict, eommii ofleti- is not paid either immediately after the conviction or within thrfinelm-*^ such period as the Justice at the time of conviction appoints, posed be not the convicling Justice may commit the offender to the Common P*'"' Jail of the county where such conviction has been had, there to be imprisoned for the time limited by such conviction. 10 11, V. c. 23, s. 6. Persons con- 11. Any person offending against the preceding provisions travemngthe of this Act may be prosecuted, convicted and punished in any tionsmaybe county in which he may be fotmd, and the offence shall be punished in any deemed to have been committed in such county, whether such County in , . i • i i ■ 1.1 whichtheymay county be or be not that in which his employer resides, or in be found. which the contract of service was entered into. 10,11 V. o. 23, s. 7. Justices of the 12. Any One or more of such Justices, upon oath of any such iTkewis'ehear Servant or labourer against his master or employer concerning complamisby any misusage, refusal of necessary provisions, cruelty, ill-treat- "'^a^'^Tth'^ rnent or non-payment of wages, may summon such master 01 pioyerformis- employer to appear before him or them at a reasonable time to usage, non- ^^g stated in the summons, and he or they or some other Jus- payment of . T • 1 11 <■ 1 c 1 1 . wages, &c., tice or Justices shall, uponproot on oath, 01 the personal service and may deier- pf such summons, examine into the matter of the complaint. Dune the same. , , , 1 , 1 n '^ i whether the master or employer appears or not, and upon due proof of the cause of complaint, the Justice or Justices may discharge such servant or labourer from the service or employment of such master, and may direct the payment to him of any wages found to be due, not exceeding the sum of forty dollars, and the said Jus- tice or Justices shall make such order for payment of the said wages as to him or them seems just and reasonable, with costs, and in case of non-payment of the same, together with the costs, for the space of twenty-one days after such order has been made, such Justice or Justices shall issue his or their warrant of distress for the levying of such wages, to- gether with the costs of conviction and of the distress. 10, 11 V. c. 23, s. 8. APPEALS TO QUARTER SESSIONS. Appeals to 13. Any person who thinks himself aggrieved by any such Quarter Ses- conviction or Order for the payment of wages, or by any order of dismissal from service or employment, or any order or de- .cision of any justice or justices under this Act, may appeal in the same manner as provided in the Act respecting appeals in cases of summary convictions, and in case of the dismissal of the appeal or the affirmance of the conviction, order, or decision, the Court appealed to shall order and adjudge the offender to be pu- nished according to the conviction ; or shall enforce the order for payment of wages or of dismissal, as the case may be, and lor the payment of the costs awarded, and shall, if necessary, issue process for carrying such judgment into effect. 10, 11 V. c. 23, s. 9. CAP- 1859. Apprentices and Minors. Cap. 76. gQJ CAP. LXXVI. An Act respecting Apprentices and Minors. HER Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as -follows : 1. When a Minor over the age of sixteen years, who has no Minors may parent or legal guardian, or who does not reside with his parent bindthemseives J. ° ° . . ' X -^^ 1 1 . to labour in or, guardian, enters into an engagement written or verbal to certaincases. perform any service or work, he shall be liable upon the same and shall have the benefit thereof as if he had been of legal age. 14, 13 V. c. 11, s. 14. 2. A parent, guardian or other person having the care or Power of pa- charge of a Minor not under the age of fourteen years, may, with rents, &o., to the consent of the Minor, put and bind him as an apprentice, appremices*^' by Indenture, to any master-mechanic, farmer or other person canying on a trade or calling, for a term not to extend beyond the minority of the Apprentice. 14, 15 V. c. 11, s. 1. >See 8 G. 4, c. 6, s. 2. 3. When the father of an infant child abandons and leaves The like power the child with the mother, the mother, with the approbation of s'™" ^° ^^ two justices of the peace, may bind the child as an apprentice to thefaihCTaban- any person mentioned in the last section until the child attains dons his infant the age of twenty-one years jn the case of a male, and eigh- teen in the case of a female ; and an indenture to that eifect, under the hand and seal of the mother and countersigned by such justices, shall be valid ; but no child, having attained the age of fourteen years, shall be so apprenticed, unless he, or she consents. 39 G. 3, c. 3, ss. 1, 2, 4. 4. In a City or Town, the Mayor, Recorder, or Police Ma- Power ofthe gistrate, and in a County, the Chairman of and at the Court of JJ^^y^^'tj^J^^*^ General Quarter Sessions of the Peace may, in Court, put and bind'orphans, bind for the like period, to any person mentioned in the several &c., as ap- sections of this Act, with the consent of such person and of ^™° the Minor, any Minor who is an oi-phan, or has been deserted by his or her parents or guardian, or whose parents or guardian have been for the time committed to a common gaol or house of correction, or any Minor who is dependent upon a public charity for support ; and such Apprentice and the Master of such Apprentice shall be held in the same manner as if the Apprentice had been bound by his or her parent. 14, 15 V. c. 11, s. 2. 5. If the Master of the Apprentice dies, the Apprentice shall, if the master by Act of Law, be transferred to the person, (if any), who con- to^be tonlfo-* tinues the establishment of the deceased; and such person red to his suc- shall hold the Apprentice upon the same terms as the deceased business.* * if alive would have done. 14, 15 V. c. 11, s. 3. 802 Cap. 76. Apprentices and Minors. 22 Vict Apprentices may be Iraiia- ferred. Duties of mas- ters towards apprentices. 6. A Master may transfer his Apprentice to any person who is competent to receive or take an Apprentice, and who carries on the same kind of business. 14, 13 V. c. 11, s. 3. 7. Every Master shall provide to his Apprentice, during the term of his Apprenticeship, suitable board, lodging and cloth- ing, or such equivalent therefor as is mentioned in the Inden- ture, and shall also properly teach and instruct him, or cause him to be taught and instructed, in his trade or calling. 14, 15 V. c. 11, s. 4. Duty of ap- prentices. 8. Every Apprentice shall, during the term of his Appren- ticeship, faithfully serve his Master, shall obey all his lawful and reasonable commands, and shall not absent himself from his service, day or night, without his consent. 14, 1.5 V. c. 11, s. 5. Justices may hear and de- termine com- plaints by ap- prentices against their masters. And by masters against their apprentices. 9. Any Justice of the Peace, Mayor, or Police Magistrate, on complaint made before him on oath by an Apprentice against his Master for refusing him necessary provisions, or for misusage, cruelty or ill-treatment, shall summon the Master to appear before him to answer the complaint, and shall there- upon, hear and determine the complaint, and on conviction shall levy on the offender a fine not exceeding twenty dollars, and issue a warrant of distress to collect the same and the costs, and in default of satisfaction of the distress, shall im- prison the offender in any comrnon gaol for a term not ex- ceeding one month, unless the fine and costs be sooner paid. 14, 13 V. c. 11, s. 6. 10. Any Justice, Mayor, or Police Magistrate, shall also, on complaint of a Master against his Apprentice for refusing to obey his commands, or for waste or damage to property, or for any other improper conduct, cause the Apprentice to clime before him, and shall hear and determine the complaint, and on conviction, order such Apprentice to be imprisoned in a common gaol or house of correction for a term not exceeding one month. 14, 15 V. c. 11, s. 6. 1 1. In case an Apprentice absents himself from his Master's service or employment before the time of his Apprenticeship expires, he may at any time thereafter, if found in Upper Canada, be compelled to serve his Master for so long a time as he so absented himself, unless he makes satisfaction to his Master for the loss sustained by such absence. 14, 15 V. c. 11, s. 7. How com- ^^- ^^ '^^^^ ^^ Apprentice refuses to serve as above required, plaints maybe or to make such satisfaction to his Master or to obey the lawful ''■ commandsx of his Master, or in any other way refuses or neglects to perform his duty to his Master, and if the Master, or his overseer or agent, complains on oath to a Justice of the Peace, Liability of apprentice de- serting his mas- ter's service. 1859. Apprentices and Minors. Cap. 76. gQ3 Peace, Mayor, or Police Magistrate, either in the County, City or Town where the Master resides, or in any County, City or Town where the absconding Apprentice is found, such Justice, Mayor, or Police Magistrate shall, by Warrant under his hand and seal, cause the Apprentice to be apprehended and brought before him, or before some other Justice of the Peace ; and such Justice upon hearing the complaint, shall determine what satisfaction shall be made by the Apprentice to his Master ; And in case the Apprentice does not give or make Committal oi such satisfaction immediately, or in case the satisfaction be of ^PPi^entipe in such a nature as not to admit of immediate performance if &c. '^' he does not give sufficient security to make such satisfaction, then the Justice, Mayor, or Police Magistrate shall commit the Apprentice to the common gaol, or House or Correction of the County, City or Town, for any time not exceeding three months ; but such imprisonment shall not release the Apprentice from his obligation to make up the lost time to his Master. 14, 15 V. c. 11, s. 7. 13. Where the Apprentice has not left Upper Canada, or Limitation of having left it, has relumed thereto, the Master shall not proceed proueedings against him under this Act, except within three years next after dfng appreu- the expiration of the term for which the Apprentice contracted 'ice. to serve, or next after his return, as the case may be. 14, 15 V. c. 11, s. 7. 14. Any person who knowingly harbors or employs an Penalty for em- absconding Apprentice, shall pay to the Master of the Apprentice P'oy',"? or har- the full value of the Apprentice's labor, and such value shall scond^ng\p- be what the Master would have received from the labor and prentices- service of the Apprentice if he had continued faithfully in his Master's service, and the Master may recover the same in any Court having jurisdiction where the Apprentice has been em- ployed, or where the Master resides. 14, 15 Y. c. 11, s. 8. 15. If an Apprentice become insane, or be convicted of a indentuw may- felony, or be sentenced to the Provincial Penitentiary, or ^e avoided if absconds, his Master may, within one month then next ensuing, cSmelnsane.' but not afterwards avoid the Indenture of Apprenticeship, from the time he gives notice in writing of his intention to do so to the other parties to the indenture, either by serving them with the notice or a copy thereof, or by inserting the same in the Canada Gazette^ or in a newspaper of the County or City where the Master's establishment is situated. 14, 15 V. c. 11, s. 9. 16. Either party may appeal from the decision of a Justice, Either party Mayor, or Police Magistrate under this Act in manner provided ""^y appeal, for by the Act respecting appeals in cases of summary convic- tion. 14, 15 V. c. 11, s. 10. 17. The Court of Quarter Sessions shall have a concurrent Act not to af- primary jurisdiction over offences committed against this Act. o/Quarter"""' 14, 15 V. C. 11, S. 11. Sessions. YY^ 18. 804 Cap. 76, 77. Apprentices and Minors. 22 Vict. Additional powers given to that Court. Application of £nes. 18. When that Court is called upon to adjudicate in any matter arising under this Act, it shall, in addition to the other powers of the Court, have power, in any case where it appears necessary for the full administration of justice, to annul the Apprenticeship, and to compel the parties to the indenture of Apprenticeship to deliver the same up to be cancelled, and the Court may make such further order as the circumstances require. 14,1.5 V.'c. 11, s. 11. 19. All fines imposed and collected under this Act shall be paid to the Chamberlain of the City, or to the Treasurer of the County or Town respectively, where the offence was committed. 14, 15 V. c. 11, s. 12. INTERPRETATION. Meaning of the 30. The word " Master, " when it occurs in this Act;, word "mas- gjia^ include any person or number of persons, male or female, carrying on business singly or in co-partnership, and any body corporate. 14, 15 V. c. 11, s. 13,-12 V. c. 10, s. 5, Noi 8. CAP. LXXVII. An Act respecting the action of seduction, and the support of illegitimate Children. HER Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows : SEDUCTION. Action when 1 ■ The father, or in case of his death, the mother of any un- maintainable married female who has been seduced, and for whose seduction mother*' °^ the father or mother could sustain an action in case such un- married female were at the time dwelling under his or her protection, may maintain an action for the seduction, notwith- standing such unmarried female was, at the time of her seduc- tion, serving or residing with another person, upon hire or otherwise. 7 W. 4, c. 8, s. 1. 2. Upon the trial of any action for seduction brought by the father or mother, it shall not be necessary to give proof of any act of service performed by the person seduced, but the same shall in all cases be presumed, and no proof shall be received to the contrary ; but in case the father or mother of the female maintainable geduced had before the seduction, abandoned her, and refused m^aaers!™^' "' to provide for and retain her as an inmate, then any other persoa who might at Common Law, have maintained an action for such seduction, may maintain such action. 7 W. 4, c. 8, s. 2. By whom 3. Any person, other than the father or mother, who by maintainable if reason of the relation of master, or otherwise, would have been entitled Proof of serrice dispensed with. When action 1859. Seduction, Sf-c. Cap. 77. gQS entitled at Common Law, to maintain an actionforthe seduction parents ab- of an unmarried female, may still maintain such action, if the ^™'- father or mother be not resident in Upper Canada at the time of the birth of tlis child which may be born in consequence of such seduction, or being resident therein, does not bring an action for the seduction within six months from the birth of such child. 7 W. 4, c. 8, s. 3. SUPPORT OF ILLEGITIMATE CIIILDREKT. 4. Any person who furnishes food, clothing, lodging, or The father of other necessaries, to any child born not in lawful wedlock, may chiidTauTfor maintain an action for the value thereof against the father of necessariel"'^ such child, if the child was a minor at the time the necessaries were furnished, and was not then residing with his or her reputed father and maintained by him as a member of his family. 7 W. 4, c. 8, s. 4. 5. Where the person suing for the value of such necessaries When proof is the mother of such child, or a person to whom the mother onhemother" has become accountable for such necessaries, the fact of requisite. tlie defendant being the father of such child shall be proved by other testimony than that of the mother. 7 W. 4, c. 8, s. 4. 6. No action shall be sustained under the two last sections. No action unless it be shewn upon the trial thereof, that while the mother of maintainable the child was pregnant, or within six months after the birth ther makes of her child, she did voluntarily make an affidavit in writing, "v'^"^^^'],H'°^® before some one of Her Majesty's Justices of the Peace for the chtid'or with^ County or City in which she resides declaring that the person who ^"^ months may be afterwards charged in such action is really the father of such child, nor unless she deposited such affidavit, within the time aforesaid, in the office of the Clerk of the Peace of the Cpunty, or Clerk of the Council of the City, as the case may be. 7 W. 4, c. 8, s. 4. 7. Such affidavit shall not be evidence of the fact of the Such affidavit defendant being the father of such child. dence. 8. This Act shall not take away or abridge any right of other remedies action or remedy which, without this Act, might have been °°J|^° ^« "f" maintained against the father of an illegitimate child. 7. W. 4, c. 8, s. 5. ' CAP. 80f) Cap. 78 Actions by and against Executors. CAP. L X X V I 1 1 . 22 Vict. An Act jrespecting Remedies for and against executors and administrators and respecting the Limitation of certain actions. HER Majesty, by and with the advice aad consent of the Legislative Council and Assembly of Canada, enacts as follows : RIGHTS AND LIABILITIES OF EXECUTORS, &C. Executors of 1. In case of an injury to the real estate of any person com- any person de- flitted within six months next prior to his decease, his execu- ceased may , ■ ■ , ■ • ,■ r i- mamtain ac- tors or administrators may maintain an action ot trespass or ol tions for inju- trespass on the case therefor, according to the nature of the in- estate in les- jury if brought within one year after his decease, and the tutor's iiietime. damages when recovered shall be part of his personal estate. 7 W. 4, c. 3, s. 2. To be brought within six months. 3. In case any deceased person, within six months next pre- vious to his decease, committed a wrong to another person in respect of such other person's real or personal property, the person so wronged may, within six months after the executors or administrators of the person who committed the wrong, have taken upon themselves the administration ofhisestate and effects, maintain an action therefor of trespass or of trespass on the case according to the nature of the wnjng against such executors- or administrators, and the damages recovered insuch action shall be payable in like order of administration as the simple contract debts of the deceased person. 7 W. 4, e. 3, s. 2. Executorsand 3. The executors or administrators of any lessor or landlord administrators may distrain upon the lands demised for any term or at will, distrain"forient. for the arrearages of rent due to such lessor or landlord in his- lifetime, in like manner as such lessor or landlord might have done if living. 7 W. 4, c. 3, s. 27. I^uch arrear- ages of rent may be dis- trained for within six months ader determination of the lease. 4. Such arrearages maybe distrained for at any time within six months after the determination of ihe term or lease, and during the continuance of the possession of the tenant from, whom the arrears became due; and the powers and provi- sions contained in the several Statutes relating to distresses for rent shall be applicable to the distresses so made as aforesaid. 7 W. 4, c. 3, s. 28. Action of debt 5. An action of debt on simple contract shall be maintainable on simple con- jn gnv Court of common law against any executor or admi- tract maintain- . ^ •' n wt a o i i able against uistrator. 7 W. 4, C. 3, S 11. executors. 6. ]B59. Limitation of certain Actions, ^c. Cap. 78. 807 6. In case any one or more joint contractors, obligors or part- Represenia-i ners, die, the person interested in the contract, oblisration or pro- 1'™^ o'deceas- . .. J • • i_ 1 • • , I ■ r ^ ea loml con- mise, entered into by such joint contractors, obligors or partners, tractors liable may proceed by action against the representatives of the deceased although the \. i , i. =■ ^ . ■: .,. , other joint con- contractor, obligor or partner, in the same manner as if the tractor be Uv- contract, obligation or promise, had been joint and several, ^'"°- and this notwithstanding there may be another person liable under such contract, obligalion or promise, still living, and an action pending against such person, but the properly and effects of stockholders in chartered Banks or the Members of other Incorporated Companies, shall not be liable to a greater extent than they would have been if this section had not been passed. 1 \ . c. 7, ss 1,2. 7. Actions of debt for rent, upon an indenture of demise, — Limitation of actions of covenant or debt, upon a bond or other specialty, — menc^menrof actions of debt, (ix scirn facias upon a recognizance, — actions particular ac- of debt upon an award wbem the submission is not by spe- """''• ciahy, or for an escape, or for money levied on a fieri facias, — ■ and actions for penalties, damages, or sums of money given to the party aggrieved by any Statute, shall be commenced and sued within the time and limitation hereinafter expressed, and not after, that is to say : The said actions of debt for rent upon an Actions of debt indenture of demise or covenant, or of debt upon a bond or other "" demise, &c. specialty, and actions of debt, or scire facias upon a recogni- zance, within twenty years after the cause of such actions arose ; the said actions by the party aggrieved, within two years after the cause of such actions arose, and the said other actions, within six years after the cause of such actions arose; but Other actions. nothing herein contained shall extend to any action given by any Statute, where the time for bringing such action is by the Statute, specially limited. 7 W. 4, c. 3, s. 3. 8. In case any person entitled to any such action, or to such in case ofdisa- scire facias, be at the time of any such cause of action accruing, "''""*• within the age of twenty-one years, feme covert, non compos mentis, or without the limits of Upper Canada, then such person may bring any such action, within such time after coming to or being of full age, discovert, of sound memory, or returned to Upper Canada, as other persons having no such impediment should, according to the provisions of this Act, have done ; and if any person against whom any such cause of action accrues, be at such time without the limits of Upper Canada, the person entitled to such cause of action may bring the action within such times as are before limited, after the return of the absent person to Upper Canada. 7 W. 4, c. 3, s. 4. 9. In case any acknowledgment by writing signed by the Effectofwriiten principal party or his agent, be made, by any person liable by ^^0"°^ part' virtue of any indenture, specialty or recognizance, or in case any payment. acknowledgment be made by any such person by part payment, or part satisfaction, on account of any principal or interest due on 808 Cap. 78, 79. Limitation of certain Actions, (^c. 22 Vict, on any such indenture, specialty or recognizance, the person entitled to an action in respect to such liability, may bring, his action for the money remaining unpaid and so acknow- ledged to be due, within twenty years after such acknowledg- ment by writing, or part payment, or part satisfaction, as afore- said ; or in case the person entitled to such action be at the time of such acknowledgment, under any disability, as aforesaid, or the party making the acknowledgment be, at the time of making, the same, without Upper Canada, then within twenty years after such disability has ceased, as aforesaid, or the party has Acknowiedg- returned, as the case may be ; and the plaintiff or plaintiffs in ment may be any such action, on any indenture, specialty or recognizance,, may, by way of replication, in answer to a plea of this Statute,, state such acknowledgment, and that such action has been brought within the time aforesaid. 7 W. 4, c. 3, s. 4. In case judg- 1 ®- If in any of the actions hereinbefore mentioned, judgment meat be re- ^e given for the plaintiff, and the same be reversed for error in a fee, newac- Court of Error or Appeal, or if a verdict passes for the plaintiff^ t'o" ™''y i'" and upon matter alleged in arrest of judgment, the judgment he '^P"- • given againsttheplaintiffthathetakenothingbyhis writoraction, or if in any of the said actions the defendant being outlawed, reverses the outlawry, the plaintiff, his executors or admi- nistrators, as the case requires, may commence a new suit or action, from time to time, within a year after such judgment reversed, or such judgment given against the plaintiff, or the outlawry reVersed, and not after. 7 W. 4, c. 3, s. 5. C AP. LXXIX. An Act to prevent Accidents from Machinery. HER Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows : Guards, &c., 1 • The owners of every steam-boat, steam-car and steam-car- to be erected riage, and of every mill or building, in which machinery is used, rjr of steam- shall erect good and substantial guards round such machinery ijoats, mills, so as to prevent passengers and other persons on board of, or occ., to prevent ^ • i • ■ .1 i- 1 r . • • accidents to entermg or bemg in the same, respectively, from coming in con- passengers and tact with the machinery used therein or attached thereto. 1 V. '"^'"^- c. 18, s. 1. Collectotsof 2. The Collector of Customs of every Port in Upper Ca- Sior'iSoe'xa- i^^da, or his Deputy, shall enter into or upon every steam-boat, mine steam- steam-car and steam-carriage, arriving at his port or station, oareandinra- ^"^ Carefully examine whether there are proper guards round carriages, and the machinery of the same, so as to secure the safety of persons *e'reo2on ot'ife- ^hen such machinery is in operation, and if there be not proper cessary guards, guards or if they be not properly and substantially erected, he or his Deputy shall notify the same to the master or person in 1859. Prevention of Accidents from Machinery. Cap. 79. gQQ in charge of such steam-boat, steam-car or steam-carriage, and direct him to make such proper guards or to make them in a proper and substantial manner. 1 V. c. 18, s. 2. 3. It shall be the duty of every Justice of the Peace in the Justices ofthe County or City in which he resides and usually acts as a Jus- ■'^'^'"''^''^J^v"' tice of the Peace, to enter into or upon all buildings wherein andToexamiire' machinery is erected, and to inspect and examine the machinery ^•=- thereof or attached thereto ; and if upon such examination he finds that there are not proper guards erected or that the guards used in and about such machinery are insufficient, such Justice shall notify the same to the owner or occupier of such building, and shall direct the necessary guards to be erected. 1 V. c. 18, s. 3. 4. In case upon the inspection of any steam-boat, steam-car or Collector or steam-carriage, or of any building wherein or whereto machinery J."^'''=« '° "3®: is used or attached, as aforesaid, it appears to the Collector or ofsuffuienKyof Justice . respectively inspecting the same, that the guards guards, &c. erected or to be erected in compliance with this Act are suffi- ciently safe and substantial, such Collector or Justice shall deliver to the person in charge of such steam-boat, steam- carriage or car, and to the proprietor or occupier of such building, as aforesaid, a certificate to that effect ; and if such safe Certificate to guards are at all times kej)t in good and sufficient repair, ,^o°'^foJ'^s°x''' such certificate shall for six months from the date thereof, be months. a good and sufficient protection to the masters and owners and occupiers of such steam-boat, steam-carriage or car, and, building, respectively, as aforesaid, against any penally to be in- curred under the provisions of this Act. 1 V. c. 18, s. 6. 5. In case the master, or person in charge of any steam- Penalty in case boat, steam-car or steam-carriage, or the owner or occupier of any ^^^""iuards by building wherein machinery has been erected, as aforesaid, ne- ownersormas- glects or refuses to comply with the directions of such Collector ters, &e. or Deputy-Collector, or Justice ofthe Peace, (as the case may be,) and be convicted before one Justice of the Peace, he shall forfeit and pay for every such offence a sum not exceeding four dollars and the costs of conviction ; and in default of payment of such sum and costs the offender shall, by a warrant under the hand and seal of such Justice, be sent to the Common Gaol ofthe County or City within which the offence was committed, for any period not exceeding thirty days. 1 V. c. 18, s. 4. TITLE g I Cap. 80. Claims to Lands by Heirs and Devisees, ^c. 22 Vict. TITLE 11. REAL ES TATE. CAP. LXXX. An Act respecting claims to Lands in Upper Canada for which no Patents have issued. HER Majesty, by and with the advice and consent of the- Legislative Council and Assembly of Canada, enacts as follows : HEIR, DEVISEE AND ASSIGNEE COMMISSION. Commissioners I. The present Heir, Devisee and Assignee Commission for'the^purposts ^^^ ^^^ Commissioners appointed thereby shall continue of this Act. subject to the provisions of this Act, and the Governor may, from time to time, issue Commissions under the Great Seal, to the Chief Justice of Her Majesly's Court of Queen's Bench for Upper Canada, the Chancellor of Upper Canada, the Chief Justice of the Court of Common Pleas, the Puisne Justices of the said Court of Queen's Bench and Common Pleas, and the Vice-Chancellors, and to such and so many other persons as he may think fit. 8 V. c. 8 s. 2,-14, 15 V. c. 12. SITTINGS. Quorum iixed. 2. Any three of such Commissioners, the said Chief Justice of the Court of Queen's Bench, the Chancellor for Upper Ca- nada, the Chief Justice of the said Court of Common Pleas, or one of the said Puisne Justices of the said Court of Queen's Bench or Common Pleas, or one of the said Vice-Chancellors, being one, shall be a quorum, and whenever such Commis- sioners are empowered or directed to do or perform any act, such act may be done or performed by a Quorum of such Commissioners. 14, 15 V. c. 12. Acts of single 3. Any Act herein authorized or directed to be performed Commissioner, by one Commissioner may be so performed either in or out of owperorrae . ^^^ period appointed for the sittings of the Commissioners. 8 V. c. 8, s. 2. Sittings wiien 4. The sittings of the said Commissioners shall be holden b^'fadden" "* ^* *^^ ^'^y °^ Toronto, on the first Monday in January and the- first Monday in July in each year, and on the thirteen days next ensuing the said days respectively, Sundays and Holidays excepted. 8 V. c. 8, s. 2. 5. 1859. Claims to Lands by Heirs and Devisees, Sf-c. Cap. 80. ^ | f 5. When the said Commissioners have good reason to Adjoummentin believe that there will not be sufficient business to require ^us-, °L^*"' °^ their daily attendance throughout the term appointed for their "™'^*'" sittings, thej' may adjourn for any time within such term that may be consistent with the despatch of the business brought before them. 8 V. c. 8, s. 2. CLERK. 6. The said Commissioners may appoint a fit person to be Clerk to beap- their Clerk. 8 V. c. 8, s. 2. P°""^' JURISDICTION. miissionera 7. Such Commissioners or any three of them constituting PowerofCom- a quorum as aforesaid, may ascertain, determine and declare, •"""'•""'■~ in all cases brought before them under this Act, who is the party to whom the Patent ought to issue for the Lands to which such claims respectively relate. 8 V. c. 8, s. 2. CLAIMS. 8. Every person claiming any Lands within Upper Ca- vrhat claims nada for which no Patent hath issued, as being the Heir, De- may be brought visee or Assignee, of the original nominee of the Crown, or as Jj^'^'ionera^"'"" having derived a title or claim to such Lands from or through any such Heir, Devisee or Assignee, may bring his claim before the said Commissioners at their sittings, either per- sonally or by his agent or attorney, and produce before the said xnd what eri- Commissioners all such documents, proofs and evidence as he denoe. may have to adduce in support of such claim ; and such evi- whatdocu- dence may be given viva voce before the said Commissioners, mcntsmaybe or by written affidavits or affirmations, sworn or affirmed evidence.' before any one of the said Commissioners, or before any person specially appointed to receive the same by the said Commissioners, or before the Judge of any County Court, or any Clerk of the Peace or any Commissioner for taking affidavits in the Courts of Queen's Bench or Common Pleas in Upper Canada, each of whom may receive and admi- nister the same. 8 V. c. 8, s. 3. 9. All certificates of the Commissioner of Crown Lands Certified eopiee^ or of the Clerk of the Executive Council, or copies certified of certain do- by them respectively, ol documents in their custody, shall be received in evidence before the said Commissioners. 8 V. c. 8, s. 3. 10. The said Commissioners may summon before them, by Power to com- summons under the hand of anyone of them, either the claimant ["^^an^^'e of" or any party interested in the case, or any other person whom witness, par- tbey deem it expedient lo examine as a witness, or whom they exan^naiion have reason to believe to be in possession of any document by the 812 Cap. 80. Claims to Lands by Heirs and Devisees, Sfc. 22 Vict. Mode of exa- mination, pro- duction of do- cuments, &c. Commissions may be issued to examine witnesses not resident in Up- per Canada. Penalty on any party or wit- ness neglecting to appear or to answer, &c. Interrogatories not answered by a party to be taken fro confessis. the production of which the ends of Justice may be better attained ; and may require such claimant or party, or such witness to submit to such oral examination upon oath, or to answer on oath and to sign his answers to interrogatories or cross-interrogatories in writing, or to produce such books, papers or documents in his possession, as to the said Commissioners appear requisite. 8 V. c. 8, s. 4. 11. The said Commissioners may cause such interrogatories or cross-interrogatories as they deem requisite 1o be served upon and answered by any such claimant, party or witness, or any Avitness whose deposition may be produced in evidence before them, and may cause Commissions to be issued for the examination of any witness not resident in Upper Canada, and for requiring such witness to produce such books, papers or other documents as he may have in his possession, and may at their discretion delay the proceedings in the case until such evidence and answers have been adcluced and given. 8 V. c. 8, s. 4. 19. If any claimant, party or person duly summoned to give evidence, or to produce any book, paper or document, or to answer any interrogatories or cross-interrogatories before the said Commissioners, or before any person commissioned by them to receive the same within this Province, wilfully neglects to appear at the time and place appointed in the summons, or appearing, refuses to answer any law^ful question, or to produce any document in his possession, he shall forfeit the sum of one hundred dollars to the party at whose instance he has been so summoned or required to answer or to produce such document ; and if the claimant, or any party interested in the case makes default in answering any interrogatory or cross- interrogatory which he may be duly required to answer, such default shall be taken pro confessis as if his answer had been such as would be most adverse to his own claim or interest. 8 V. c. 8, s. 4. be received. vAffidavitiobe 13. The said Commissioners shall not receive or proceed dafmaiTt before "po^ ^^J claim Until the party by whom, or on whose his claim shall behalf the same is made (or if such party consist of more that " ■'°'"""°'' one person, then until some one of such persons) has made and produces before the said Commissioners, an affidavit or affir- mation in writing signed by him, that such claim is just and well founded to the best of his knowledge and belief, and that he is not aware of any adverse claim, or if he be aware of any adverse claim, that he has at least one month before the making of such affidavit or affirmation, caused to be served on the party having or supposed to have such adverse claim, notice in writing of his claim and of his intention to bring the same before the said Commissioners and of the time when it is intended to be so brought, and a copy of such notice shall be annexed to the affidavit or affirmation. 8 V. c. 8, s. 5. 14. 1&59. Claims to Lands by Heirs and Devisees, ^c. Cap. 80. g]g 14. The said Commissioners shall not proceed upon and Certain public such claim as aforesaid, unless a notice specifying such claim "?''<^e 'o "^e and the name or names of the party claiming, together with the d^m is^made* pumber of the lot of which the lands claimed consists or forms ^"'^ received. part, and of the concession and the name of ihe Township in which the same lies, has been put up in some conspicuous place in the office oi the Clerk of the Peace of the Couniy in which the lands are situate, during at least thirty days before the claim comes to be heard before the said Commissioners, nor unless a certificate to that effect from such Cleric of the Peace be produced to the said Commissioners. 8 V. c. 8, s. 6. 15. The Clerk of the Peace of each County in Upper Canada Duty of tie shall, once in every three months, make a list of the claims so ^^l^^ ^ *® put up, in his office, specifying therein the particulars of such regard to such claims in the manner in which they are hereinbefore required °°*"^'^^- to be specified in the notice to be put up, and shall affix such list in some conspicuous part of the Court House or place in which the Courts of General Quarter Sessions are held for the County, and shall cause the said list to be publicly read and proclaimed at each such Session by the Crier in open Court, immediately after the delivery of the charge to the Grand Jury ; and for each Feetoiiim. such certificate the Clerk of the Peace may demand and re- ceive the sum of fifty cents, and no more. 8 V. c. 8, s. 6. 16. The said Commissioners may defer, delay, or adjourn Delay may be the proceedings on any claim brought before them, and may commfssionera give such further or enlarged time for the production of evi- dence, or for any other purpose relative to such claim, and for the decision thereon, as they may deem expedient for the attain- ment of the ends of justice. 8 V. c. 8, s. 7. 17. After the said Commissioners have fully examined any Commissioners such claim, they may either reject or allow the same as in t^e ciaimand their judgment the justice and equity of the case requires report to the without regard to legal forms or to the strict letter of the council?'^" law or legal rules of evidence, and shall report their decision to the Governor in Council and such report shall be final and con- clusive (except in the case hereinafter mentioned,) and the Go- Patent to issue vernor in Council shall direct Her Majesty's Letters Patent °° ""'^'^'^P"'- under the Great Seal of the Province to issue, for granting the lands in question to the party who has been determined by the decision of the Commissioners to be entitled to ihe same as re- presenting the original Nominee of the Crown. 8 V. c. 8, s. 8. 18. Such Letters Patent shall have the same and no other The effect of effect or operation with regard to any charge,' incumbrance, lien, jeL'rd to'char- matter or thing, upon or affecting the lands so granted, as Let- gesorincum- ters Patent issuing for the same in favor of the original Nominee Jram^esonthe of the Crown would have had, save only as establishing the claim of the party in whose favor they may be granted, to the tr t. lands 814 Cap. 80. Claims to Lands by Heirs and Devisees, Sfc. 22 Vict. lands to which they relate, as the Heir, Devisee or Assignee of, or as otherwise representing the original Nominee. 8 V. c. 8, s. 8. Report and J 9. Neither the decision of the Commissioners on any claim, affect any daim '1°'' '^e issuing of the Letters Patent on such decision, shall ex- to any lands but tend to or in any way affect any claim of the said party, or of .u.„ .,„_ ^^^ other party, to any lands other than those to which such de- cision expressly relates and which are mentioned and described in the report and Letters Patent, but such claim to other lands shall continue and remain as if such decision and report had not been made. 8 V. c. 8, s. 8. those mention •ed therein. Patent not to isstie for one •month after the report is received. SO. No Letters Patent shall issue on any decision and report of the said Commissioners until after the expiration of one month, from the time such report has been transmitted to and marked as received by the Clerk of the Executive Council. 8 V. c. 8, s. 9. Patent may be stayed if the re- port has been ■obtained by surprise, &c. Commissioners may rehear the case. 3i. If, before the expiration of such month, a Qvorwrn, of the said Commissioners, from any representation made to them, find reason to believe that such decision and report were obtained by surprise or erroneously made in any respect, and that justice requires that the issuing of the Letters Patent should be stayed, then such (Quorum of the said Commis- sioners, although not then the regular period of their sitting, may report accordingly to the Governor in Council, and the issu- ing of the Letters Patent shall be thereupon stayed, until the Commissioners again report upon the case, and the said Commissioners may rehear the case, or let in any new claim and receive or insist upon any new evidence as to them may appear expedient to enable them to do justice in the case, and may thereafter decide and report thereon as if no prior de- cision and report had been made, and with like effect. 8 V. c. 8, s. 9. The co«it8 oc- 2S. If under the circumstances of any such case it appears to suchr^e'anns ^^ ^^^^ Commissioners fair and right so to do, they may allow to be in the dis- to the party in whose favor the first decision and report was Commi^ioners^ made, such costs against the party at whose instance the case has ' been again taken into consideration as they may deem just and reasonable, or they may, in case of fraud or wilful wrong in the conduct of such party, award costs in like manner against him to the party in whose favor the subsequent decision and report may be made. 8 V. c. 8, s. 9. Purch.isers of unpaleiMfd lands sold for taxes may claim patents before the Com- missioners. 23. In case any land for which no Patent has issued, be at any time described as granted in any Schedule furnished by the Sur- veyor General or the Commissioner of Crown Lands to the Trear surer of any County in Upper Canada, under the provisions of any law concerning the collection of local taxes or assessments, and be afterwards sold by the Sheriff for arrears of such local taxes or assessments, 1859. Claims to Lands by Heirs and Devisees, 8/-c. Cap. 80. §15 assessments, and in case the period allowed by Law for the re- demption of such lands has expired, the purchaser, or the Heir, Devisee or Assignee of the purchaser may claim the same before the Commissioners aforesaid, and such purchaser shall thereupon, for all the purposes of this Act, be considered as an Assignee of the original Nominee of the Crown, and his claim shall be acted on and dealt with accordingly. 8 Y c.8,s. 10. a4. In case the original Nominee of the Crown, or any Eflect of mort- person through whom any party obtaining Letters Patent for s^s^'^, &c., any Lands under this Act derived his claim, had before the fhell^erfZ allowance of such claim and before the issue of such Letters betters Patent, Patent, granted any mortgage, incumbrance or lien on such Lands, by any instrument by which the same would have been validly granted, if the Letters Patent had issued in favor of the Grantor before the date of such instrument, the same may be registered in the Office of the Registrar for the County in which the lands lie, subject to the same condi- tions, and with the same effect and no other, and shall in law and equity have the same force and effect and no other, as if Letters Patent for the said Land, had, before the execution of such instrument, been issued in favor of such Grantor. 8 V. c. 8, s. 11. @5. All proceedings commenced or pending in any case unfinished pro- before the Commissioners under any former Act, in office when ceedin^s boibra this Act talies effect or afterwards appointed, may with the ComraiSrJners like effect, be continued and completed by and before the ™ay be conti- Commissioners under this Act, and any decision and report Jw^pofnted of any Commissioners given and made before this Act taiies under this Act. effect, shall remain good and valid, and may be acted upon as to the issuing of Letters Patent, as if it had been given and made under the authority of this Act, and in like manner shall be subject to the provisions hereof in case it appears to any Quorum of the Commissioners under this Act, that it was erroneous or was obtained by surprise, and in case they so report before the expiration of thirty days from the time the report of the Commissioners under such former Act was made. 8 V. c. 8, s. 12. S6. The Commissioners for the time being may from time to Rules and time make and establish such rules and forms, with regard to e™^fn°s to'be ■ any proceedings to be had before them, and to such notices, estaUished by- papers and other documents as may be required in the conduct sion^rg™""*' of such proceedings, as to them appear expedient for the better attainment of the purposes of justice. 8 V. c. 8, s. 14. 27. In all cases under this Act in which any witness duly Costs may be appears to give evidence before the Commissioners, or before any ness^^ '° ^' ' person appointed by them to examine or to receive the testi- mony or deposition of such witness, the said Commissioners may 816 Cap. 80. Claims to Lands by Heirs and Devisees, SfC. 22 VrcT* may order and direct the party at whose instance such witness has been summoned, or his testimony or depositions have been taken, to allow to such witness for his loss of time and expenses, such sum as the said Commissioners may deem equitable, which Kecovery of order the party shall obey, or in default, the sum shall be such costs. recoverable from him by action in any Court having jurisdiction in civil cases to a like amount, due regard being had to the limits of the local jurisdiction of such Court. 8 V. c. 8, s. 15. Fee on pro- 38. The Clerk of the said Commissioners for the following thisAS* to the services respectively, shall be entitled to demand and recover Clerk of the from the persons requiring such services the following fees, that Commissioners. ■„ +„ „„„ i o a ; IS to say : 1. For filing each petition, twenty cents ; 2. For setting down any claim for hearing, fifty cents ; 3. On the hearing of any claim, one .dollar ; 4 . For making up a report on the same, two dollars ; 5. For each certificate of the allowance of any claim, twenty- five cents ; 6. For a copy of the order respecting any claim, twenty-five cents ; 7. For each summons for the attendance of any witness or witnesses, forty cents ; 8. For each commission for the examination of witnesses, two dollars ; 9. For any certified copy of any paper or document in his custody, twenty-five cents ibr the certificate, and at the rate of ten cents, for each one hundred words in such copy ; [Jnenumerated 10. And such reasonable fees for any service not herein services. specially mentioned or included therein, as the said Commis- sioners may from time to time allow him, as a fair and just compensation for the labour by him performed, and no more ; •Fees to persons; and the person, not being one of the Commissioners who takes appointed to re- any affidavit or affirmation under this Act, shall be entitled to demand and recover from the party requiring him to take the same, the sum of twenty-five cents, and no more ; and all Recovery of such fees as aforesaid may be required to be paid before such fees. the service for which they are granted is performed, or if not so required, may be recovered in the manner hereinbefore appointed with regard to the sum allowed to a witness ; 8 V. c. 8, s. 16. U. 1859* Claims to Lands by Heirs and Devisees, ^c. Cap. 80, g [ J 11. Also the following fees to belong to and to be paid over to the Receiver General in aid of the fund to provide for the • accommodation of the Superior Courts of Law and Equity ; $ cts. On every claim entered and received 50 On every claim allowed 50 22 V. c. 31. (1859.) 39. The copy of any order, report or decision, made certified copies by the said Commissioners under this Act, certified by their of proceedings Clerk and countersigned by one of the said Commissioners, fhe^c^m^f shall be received in any civil suit or action in any Court in this sionere to be re- Province, as evidence of the making of such order, report or jen'ra.'" ^"" decision, in the manner and form and according to the tenor thereof as set forth in such copy. 3©. It shall not be necessary in such suit or action to prove in what cases the signatures of such Clerk or Commissioner, if the party °"'y ''*'"'" '^ intending to produce the same, has given due notice of such proveTiie cer- intention to an adverse party according to the course and tifieate, practice of the Court, unless such adverse party has afterwards in like manner signified his intention to dispute such signatures, or either of them, in which case it shall be requisite to prove the same, and the costs attending such proof may, in the discretion costs. of the Court, be allowed to the party making such proof, whatever be the result of the suit or action. 8 V. c. 8, s. 17. 31. In the construction of this Act, the said Commissioner xnterpretatioa or Commissioners shall be styled and known as the Heir^ Devi- clause. see and Assignee Commissioner or Commissioners as the case may be ; and the words " Heir, Devisee, or Assignee," shall be j^^-^. nj^gg, understood to include the Heirs, Devisees, or Assignees of any Heir, Devisee, or Assignee, to any degree ; and the word '^"*^" *' Lands," shall be understood to mean any lot or lots, piece or Lands, parcel of Land, of what extent soeverj to which a claim may be made under this Act, unless it be otherwise specially pro- vided, or there be something in the subject or context repugnant to or inconsistent with such construction. 8 V. c, 8, s. 18. 33. Any person whose right to obtain a Patent for Lands j^ights to obtain has been established by any Commissioners under this or any a patent, as- former " Heir, Devisee and Assignee Act,"may, by an instrument elrmin^cases. in writing, assign, transfer and convey his right and interest to, or in such land, and such assignment, as well as all subsequent assignments, may be registered, agreeably to the provisions of the Consolidated Statute of Cainada respecting the sale and ManageiUent of the Public Lands ; and the last Assignee shall be entitled to a Patent upon proving compliance with all the conditions to which the original location was subject. 14, 15 Vc. 56,3. 4. zz 33. 818 Cap. 80, 8 1 . Claims to Lands by Heirs and Devisees^ <^c. 22 Vict. Proof may be required by Commissioner of Crown Lands in case of application by the repre- sentatives. 33. In any application for a Patent by the Heir, Assignee or Devisee of the original Nominee of the Crown, the Com- missioner of Crown Lands may receive proof in such manner as he may direct and require in support of the claim for a Patent when the original Nominee is dead, and upon being satisfied that the claim has been equitably and justly established, he may report the same to the Governor in Council, and if approved, the Patent may issue to the party named in the Order in Council founded on such report, or to his assignee, without the intervention of the said Commissioners ; but nothing in this clause contained shall limit the right of the party claim- ing a Patent, to make application at any time to the said Com- missioners. 16 V. c. 159, s. 26. CAP. LXXXI. * An Act to prevent trespasses to Public and Indian Lands. HER Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows : CROWN LANDS. Entry on 1 . No body corporate and no servant or agent of such body, not'to'be' made shall enter into or upon, have, hold, use or enjoy, for any pur- without special pose whatever, any land belonging to Her Majesty, without license. having the license of Her Majesty, for such purpose, signified under the hand and seal of the Governor, or being expressly auth'irized by Statute. 6 W. 4, c. 3, s. 1,-7 W. 4. c. 14, s. 17. Commissioners may be ap- pointed to en- quire concern- ing trespasses committed upon Crown Lands. 3. The Governor may from time to time appoint two or more Commissioners, under the Great Seal, to. inquire into any complaint made to them, or any one of them, against any person for illegally possessing himself of any land in Upper Canada, surveyed or unsurveyed, for which no grant, lease, ticket either of location or purchase, or letter of license of occu- pation, has been issued, either under the Great Seal or by or from the proper Department of the Provincial Government in that behalf, whether such land be Crown or Clergy Reserve, School or Indian Land, or however otherwise denominated, or whether held in trust or in the nature of a trust for the Indians or for any other party whomsoever ; and also to inquire into any complaint made to them, or any one of them, against any per- son for having unlawfully cut down or removed any timber, trees, stone or soil, on such land, or for having done any other wilful and unlawful injury thereon. 2 V., c. 15, s. 1,— 12 V. c. 9, s. 1. Commissioners 3. If the Commissioners, or any one or more of them, upon on finding ille- invesiigalion of the complaint so made, find and determine that the 1859. Trespasses to Pvblic and Indian Lands. Cap. 81. g [9 the person complained against is unlawfully in possession of gal posses- such lands, they or any of them may give notice to such person *"°"~ to remove from the occupation thereof within not less than thirty To give notice days from service of the notice, and if the person so notified remove -within neglects so to remove within the time specified in the notice, thirty days. the said Commissioners, or any one or more of them, may On neg-lecting issue a warrant, signed and sealed by them or him, directed '° remove, j to the Sheriff of the County, in which the lands are situated, removal may commanding him to eject and remove the person from the i^e directed to lands, which warrant the said Sheriff shall execute and carry bythe Sheriff. into effect in like manner as a writ of habere facias posses- sionem issued by one of Her Majesty's Superior Courts of Common Law. 2 V. c. 15, s. 2. 4. If upon the investigation it appears to the Commis- commissioners sinners or Commissioner that any person has been actually in may, in case of possession of such lands or a part thereof, fcr.has, within twelve lener'ai notice months next before, claimed to be in possession, or claimed or To quit. pretended to have aright to such possession, but it nevertheless appears uncertain who is then in actual possession, or whether the person in possession claims to be in possession of his own right, or merely under or on behalf of another, then the said Commissioners or Commissioner may give a notice to quit similar to that in the last preceding section, but directed generally to all persons having or claiming possession of the lands, their tenants, bailiffs and sei-vants, and all others whom it may concern ; and Persons diso- if all persons whomsoever who have not written authority from beymgtheno- , _" . . /■ 1 ' • 111 tice may be re- the Commissioners, or one of them, to remain upon such lands, move on an do not quit and remove from the same within the time speci- ^ff^'^'' °f^}^^ „ 1 . 1 , . , . 1 ^ . . ,. ^! Commissioners tied in such notice, the said Commissioners, or one 01 them, directed to the may issue a warrant of removal, signed and sealed by him or proper Sheriff. them, directed to the Sheriff of the proper County, commanding him to eject and remove all persons whomsoever from such lands, and the Sheriff shall execute and carry the warrant into effect as in the preceding section is provided. 12 V. c. 9, s. 2. 5. Every summons, notice to quit, and warrant of removal, Astothedes- shall describe the lands with the same certainty as would be criptioa of the necessary in a deed of conveyance between parties. 12 V. summonsunder C. 9, S. 2. tli^ said •'^et. u., , 6. Neither the summons nor notice to quit need be personally How summons served ; it shall be sufficient to deliver the same to the person aid notice to in actual possession or occupation of the land, and the notice to quit may also be served by leaving the same with the wife of such person on the premises, or with any grown person found thereon, and by putting up in the last case a duplicate notice in some conspicuous place on the premises ; and where no grown person is found on the premises, then by putting up one such notice in each of four conspicuous places on the premises ; but no fine shall be imposed on any person except upon per- sonal service of the summons or service on his wife. 12 V. c. 9, s. 3. zz* 820 ^^P- ^1- Trespmses to Public and Indian Landst 22 Vict. Ifthe party re- 7. If after the execution of any Warrant of Removal, spe- or°is expectecf °i^l ^^^ the removal of particular parties or general for the re- by the Sheriff lo moval of all parties found trespassing or intruding upon any of'Removai by ^^(^^ lands, the person removed, or any other person returns, Continuance or enters into, or upon the same lands, or if the Sheriff S^fromone'"' ^^^ reason to believe that such person, or any other per- oijthe Superior son will SO return or enter upon the same lands, unless they be Courts. protected by process for the prevention thereof, the Sheriff shall with the Warrant certify the same into the Court of Queen's Bench or Common Pleas at Toronto, setting forth such return, entry or intrusion, or his belief that such will take place unless the lands be protected by process for the prevention thereof, and thereupon the Court may issue a Writ of Removal by con- tinuance, as nearly as may be in the form A annexed, and upon a similar return thereto a second Writ, and afterwards upon similar returns^ otljer Writs of a like description, as often as may be necessary for the protection of the lands against intrusion. 12 V. c. 9, s. 4. Writ oi'Remo- 8. Any person concerned in the proceedings, or showing valbyConti- ^jj interest entitling him to be heard in that behalf, may nuance mav be . r ^ i r> i <-. -ni ^ superseded' ODtam Irom the ( ourt 01 Queen's Bench or Common Pleas, a upon cause j.^|g ^Q ^how cause which shall be served personally on one shewn. <■ i ^ ■ ■ i i ^ , ^^ or more ol the Commissioners, and thereupon such Court may order a supersedeas to any such Writ, after which no further proceedings shall be had upon such writ of removal as afore- said, or the proceedings of the Commissioners whereon it was founded, but if it be deemed necessary to proceed against such Proceedings if party. Or any other for intrusion or trespass, upon the lands, infrude!'' ""^"^ ^^^ ^'''^ proceedings of Notice to quit and Warrant of Removal may be had as at first. 12 V. c. 9, s. 5. Penalty for re- 9. If any person who has been so removed, returns and ^"""ato'hav-" i^iil^wfLiUy resumes occupation of the same lands, or any part ing been re- thereof, the Commissioners, or any one of them, may, upon com- "V.l^^^r"^^* plaint and satisfactory proof of such fact, order him to be com- 01 this Act. i^., ,^ 'v-,1/.,^' ,. mitted to the Common Gaol ot the County, lor a term not ex- ceeding thirty days, and that he shall pay a fine to Her Ma- jesty, not exceeding eighty dollars. 2 V. c. 15, s. 3. Penaitynotex- 10. If upon investigation of any complaint made against a f T'''niawftiii person for having unlawfully cut down or removed any timber cutting and re- or trees, or quarried or removed any stone, or other materials movingj,r^s, from any of the lands aforesaid, the Commissioners, or any one °' ' or more of them, find him guilty thereof, the Commissioners, or any one or more of them may order him to pay a, fine to Her jmprisonment Majesty not exceeding eighty dollars, and in default thereof payment." °'^ ^° ^^ Committed to the Gaol of the proper County, for a period not exceeding three months. 2 V. e. 15, s. 4. Convictions be- 1 1. In all cases of Summary conviction under this Act, the /ore the Com- game may as of course be removed by certiorari into the Court 1859. Trespasses to Public and Indian Lands. Cap. 81. §21 Court of Queen's Bench or Common Pleas, and thereupon un- missioners may less otherwise provided by the Act respecting the Practice and ofm^srby''^ Procedure in suits instituted on behalf of the Crown in matters cenl^ari. relating to the Revenue and the repeal of Letters Patent, such Court shall, for enforcing the fine, issue, as in the case of other And proceed- Crown debts, one or more Writs of Fieri Facias and Capias saSftctiin'o?^ ad Satisfaciendum, in the nature of the Exchequer Long Writ, any fine im- asnearly asmaybeintheform B, and from time to time repeat P"sedbysucii 1 Tir -x 1 .11 , ■ ," conviction. such Writs as may be necessary, till the amount has been made, and if at the time of the removal of such conviction, the person convicted be in Custody under the Warrant of the Com- if the party missioners, or any one of them, for non-payment of the fine, ponvicted be he shall not be discharged from imprisonment at the end of the ™rpaymentof time prescribed in such Warrant, if the Sheriff then has a Writ such fine when. of Fieri Facias and Capias ad Satisfaciendum, for the levying Execution of such fine and be unable to make the isame out of the goods issues. and chattels or lands and tenements of the party, but such party shall remain charged in Custody upon such Writ until the fine be fully paid as in the case of other Crown debtors similarly charged. 12 V. c. 9, s. 6. 13. The Commissioners or any one of them may order and Timber, fee, cause to be seized and detained any timber or trees unlawfully <="'' but not cut down and any stone quarried upon the lands aforesaid, and bl'^^IzedKnl not removed therefrom, and may afterwards sell and dispose *°'<^- thereof as instructed from time to time by the Governor in that behalf 2 V^. c. 15, s. 5. 13. The Commissioners or any one of them may summon Commissioners before them any person as a witness to give evidence on any Ruihorizedto , •'',.,. . ", ...-' summon wit- matter they are authorized to investigate, and may administer nessandexa- to him an oath that he will true answer make to all questions mine upon put to him in reference to the matter under investigation. 2 V. c. 15, s. 6. 14. All moneys and fines collected under this Act shall, Appropriation after deductine; the expenses of colleciing, be paid into the °? "?°"''P 't' ,,„,».'; , , , ' 1 ^ ^ „ vied under this hands of the Receiver General, and be accounted for as part ot Act. the hereditary revenues of the Crown, or be appropriated for the benefit of the Indian Tribes, in such manner as the Governor in Council may direct. 2 V. c. 15, s. 7. 15. The Commissioner or Commissioners before entering on person accused the investigation of any charge under this Act, shall summon to be summon- the party charged to appear before him or them at a place fnves^atlon of. named'in the summons, and if such party does not appear, the charge. Commissioner or Commissioners may, upon proof of due service of the summons, proceed to hear and determine the complaint ex parte. 2. V. c. 15, s. 8. 16. The Commissioner or Comrnis>:ioners acting under this commissioners Aci, may issue any warrant or warrants under their hands and empowered to seals. 822 Cap. 81. Trespasses to Public and Indian Lands. i Vict. issue, and She- riffs and other officers bound to execute their warrants. seals, to any Sheriff, Gaoler or Peace Officer of the County wherein the proceeding is had, commanding such Sheriff, Gaoler or Peace Officer, to carry into effect any order by them made within their jurisdiction ; and such warrants shall be executed by the Sheriff, Gaoler or Peace Officer, as warrants issued by Justices of the Peace are. 2 V. c. 15, s. 9. Commissioners 1 7. The Commissioners and all acting under their autho- protection'^a™^ rity shall respectively have the same privilege and protection Justices ofihe in respect of any action or suit brought against them for any Peace, &o. ^^^ ^^ them done in the execution of their office, that Justices ofthe Peace, Sheriffs, Gaolers or Peace Officers respectively have, and the Commissioners when engaged in the execution of their office, and each of them when so engaged, shall have the same power to commit for contempt that .Justices of the Peace have in similar cases for 'contempts against them in the execution of their office. 12 V. c. 9, s. 7,-2 V. c. 15, s. 10. Appeal lies against judg- ment of Com- missioners to the Court of Chancery. 18. Any person dissatisfied with the judgment or decision of the Commissioners in any ofthe foregoing cases, may, within three months from the date thereof, appeal to the Court of Chan- cery having first given to the Commissioners fourteen days' notice in writing of the intention to appeal, in which case such Commissioners shall thereupon transmit to the proper officer of the Court a copy of their judgment and the evidence, and the Court may revise, alter, affirm or annul Such decision, or order further inquiry or direct an issue to be tried at law, or before the said Court of Chancery or a Judge thereof with the assi stance of a jury, and may make such order respecting costs and other matters as seems reasonable and just; and the decree of the Court on the appeal shall bind the party appealing and the Commis- sioners. 2 V. c. 15, s. 11. Commissioners and Super- intendents of indians to be Justices ofthe Peace. 19. The said Commissioners and each of them, and the different Superintendents ofthe Indian Department, either now in office or hereafter appointed shall, by virtue of their office and appointment, and without any other qualification', be Jus- tices ofthe Peace within the County within which, for the time being, they may be respectively resident or employed as such Commissioners or Superintendents. 13, 14 V. c. 74, s. 9. INDIAN LANDS. Term " Indian' explained. 20. In the following sections of this Act, the term "Indian" is to be construed with reference to the consolidated Act of Canada " relating to the Civilization and enfranchisement of " certain ss. 1, 2. Indians." 13, 14 V. c. 74, s. 3,-20 V. c. 26, Purchases of 21. No purchase or contract for the sale of land in Upper dlans'tio? valid Canada, which may be, made of or with the Indians, or any of ■without the them, shall be valid unless made under the authority and with the 1869. Trespasses to Public and Indian Lands. Cap. 81. §23 the consent of Her Majesty, attested by an Instrument under consent of the the Great Seal of the Province, or under the Privy Seal of the Crown. Governor. 13, 14 V. c. 74, s. 1. 33. If any person, without such authority and Consent, pur- Such purchase chases or leases, in any manner or form, or upon any terms without con- whatsoever, any lands within Upper Canada of or from the misdemeanor, said Indians, or any of them, or makes any contract with such Indians, or any of them, for or concerning the sale of any lands therein, or in any manner gives, sells, demises, conveys, or otherwise disposes of any such lands, or any interest therein, orioffers so to do, or enters on, or takes possession of, or settles on any such lands, by pretext or colour of any right or interest in the same, in consequence of any such purchase or contract made or to be made with such Indians or any of them, unless with such authority and consent as aforesaid, every such person shall, in every such case, be deemed guilty of a misdemeanor, and shall, on conviction thereof before any Court of competent jurisdiction, forfeit and pay to Her Majesty, the sum of eight Penalty, hundred dollars and be further punished by fine and impri- sonment, at the discretion of the Court. 13, 14 V. c. 74, s. 2. 33. No taxes shall be levied or assessed upon any Indian Taxes and as- or any person inter-married with any Indian for or in respect ^^ ^e'lev^d'on of any of the said Indian lands, nor shall any taxes or assess- Indians, ments whatsoever be levied or imposed upon any Indian or any person inter-married with any Indian so long as he, or they reside on Indian lands not ceded to the Crown, or which having been so ceded have been again set apart by the Crown for the occupation of Indians. 13, 14 V. c. 74, s. 4. 34. Indians and persons inter-married with Indians, residing As to perform- upon any such Indian lands and engaged in the pursuit of JXTur^by"'"'" agriculture as their then principal means of support,, shall be Indians, liable, if so directed by the Superintendent General, the Assis- tant Superintendent General, or by any Subordinate Superin- tendent of Indian Affairs, who may, for the time being, be charged with the subordinate superintendence of such Indians and persons inter-married with Indians as aforesaid, or by any such Commissioner or Commissioners, to perform labour on the public roads laid out or used in or through such Indian lands, such labour to be performed under the sole control of the said Superintendents or Commissioners, or of any or either of them, who may direct when, where,i how and in what man- ner the said labour shall be applied, and to what extent the same shall be imposed upon Indians or persons inter-married with Indians who shall be resident upon any of the said lands ; and the said Superintendents and Commissioners, and «very of them, shall have the like power to enforce the performance of all such labour by imprisonment or otherwise as may be done 824 Cap. 81. Trespasses to Public and Indian Lands. 22 Vict. Limit as to amount 0/ la- bour. done by any power or authority under any law, rule or regula- tion in force in this Province for the non- performance of Statute labour ; But the labour to be so required of any such Indian or person inter-married with an Indian, shall not exceed in amount or extent what may be required of other inhabitants of Upper Canada, under the general laws requiring and regulating such labour and the performance thereof. 13, 14 V. c. 74, s. 6. None but In- dians or those inter-married witli them to reside on In- dian Lands. I*rovision /or the removal of persons contra- vening this section. To virhat lands this section shall extend. Proceedings if persons so re- moved return to such lands. 25. No persons other than Indians, and those inter-married with Indians, shall settle, reside upon or occupy any lands or roads or allowances for roads running through any lands be- longing to or occupied by any portion or Tribe . of Indians within Upper Canada, and all leases, contracts and agreements made or purporting to be mada^ by any Indians, or any persons inter-married with Indians whereby persons other than In- dians are permitted to reside upon such lands, shall be abso* lutely void. 26. If any persons other than Indians, or those inter- married with Indians do, without the license of the said Com- missioners or one of them, (which license, however, the said Commissioners or any of them may at any time revoke,) settle, reside upon or occupy any such lands, roads or allow- ances for roads, the Commissioners or any of them,, shall, on complaint made to them or any of them, and on due proof of the fact, issue their or his warrant signed and sealed, di- rected to the Sheriff of the proper County, or if the said lands be not situated within any County, then directed to anyliterate person willing to act in the premises, commanding him forth- with to remove from the said lands or roads or allowances for roads all such persons and their families, so settled, residing upon or occupying such lands, and the Sheriff, or other person shall, accordingly, remove such persons, and for that purpose shall have the same powers as in the execution of criminal process ; but the provisions in this and the four following sec- tions shall extend to such Indian lands only, as the Governor from time to time, by Proclamation under the Great Seal^ declares and makes subject to the same, and so long only as such Proclamation remains in force. 13, 14 V. c. 74, s. 10. 27. If any pergon after having been removed as aforesaid, returns to, settles upon, resides upon, or occupies, any pf the said lands or roads or allowances for roads, the said Com- missioners, or any of them, ujDon view^, or upon proof on oath, made before them or any of them, and upon being satisfied that the said person has returned to, settled or resided upon or occupied any of the said lands or roads or allowances for roadsj the Commissioner or Commissioners shall direct and send his or their, warrant signed and sealed, to the Sheriff of the proper Counly, or to any literate person therein, and if the said lands be not situated within any Counly, then to any literate person, commanding 1859. Trespasses to Public and Indian Lands. Cap. 81. 825» commanding him forthwith to arrest such person and to commit him to the Common Gaol of the said County or to the Common Gaol of the nearest County to the said lan^s, if the said lands be not within any County, there to remain for the time or- dered by such warrant, but which shall not exceed thirty days. 88. Such Sheriff or other person shall accordingly arrest Arrest of such the said parly, and deliver him to the Gaoler or Sheriff of the person, proper County who shall receive such person, and imprison him in the said Common Gaol for the term aforesaid, there to remain without bail and without being entitled to the liberties of limits of the said Gaol. 29. The Commissioners, or one of them shall cause the judg- -^io certiorari or ment or order against such person to be drawn up, and such appeaUUowed. judgment shall not be removed by Certiorari or otherwise, or be appealed from, but shall be final. 13, 14 V. c. 74, s. 11. 30. If any person without the license in writing of the Punishment ol Commissioners or one of them, trespass upon any of the persons cutting; • 111 J ,1 /.' 11. timber on and said lands or roads or allowances ior roads, by cuttmg, doing damage carrying away or removing therefrom, any of the trees, saplings, '° ^"5*'*" shrubs, underwood or timber thereon, or by removing any ''" ^' of the stone or .soil of the said lands, roads or allowances for roads, the person so trespassing shall for every tree he cuts, carries away or removes, forfeit and pay the sum of twenty Penalties, dollars, and for cutting, carrying or removing any of the saplings, shrubs, underwood or timber, if under the value of one dollar, the sum of four dollars, iDut if over the value of one dollar, then the sum of twenty dollars, and for removing any of the stone or soil aforesaid, the sum of twenty dollars, such fine to be recovered by the said Commissioners or any or either of them, by distress and sale of the goods and chattels of the party or parties fined, or the said Commissioners, without pro- ceeding by distress and sale as aforesaid, may, upon the non- payment of the said fine, order the party or parties to be impri- soned in the Common Gaol as aforesaid, for a period not ex- ceeding thirty days, when the fine doesnotexceed twenty dollars, or for a period not exceeding three months, when the fine does exceed the sum of twenty dollars ; and upon the return /mprisonment: of any warrant for distress or sale, if the amount thereof has if the penalty not been made, or if any part of it remains unpaid, the y^'ej"" ^' said Pommissioners or any of them, may commit the party in default upon such warrant to the Common Gaol as afore- said, for a period not exceeding Jhirty days if the sum claimed by the said Commissioners upon the said warrant does not exceed twenty dollars, or for a time not exceeding three months, if the sum claimed does exceed twenty dollars "; all which fines Application o^ shall be paid to Her Majesty, or to some officer acting under penalties. Her authority, to be disposed of for the use and benefit of the Indians, as the Governor may direct. 13, 14 V. c. 74, s. 12. SI. 826 Cap. 8 1 . Trespasses to Public and Indian Lands. 22 Vict. Provision where the name of any person to be proceeded against under this Act can- not be ascer- tained. Sheriff to obey process. 31. In all orders, writs, warrants, summonses and pro- ceedings whatsoever made, issued or taken by the Commis- sioners or any of them, it shall be necessary for the Commis- sioners or such of them as act, to insert or express the name of the person summoned, arrested, distrained upon, imprisoned or otherwise proceeded against therein, only when the name of such person is truly given to or known by such Commis- sioners, and if the name be nof truly given to or known by such Commissioners, then they may name or describe the person by any part of the name of such person given to or known by them ; and if no part of the name be given to or known by the said Commissioners, they may describe the per- -son proceeded against in any mq^ner by which he may be identified ; and all such proceedings containing or purporting to give the name or description of any such person as aforesaid, shall primd facie be sufficient. 13, 14 V. c. 74, s. 13. 32. All Sheriffs, Gaolers and Peace Officers, to whom any such process is directed by the Commissioners or any of them, shall obey the same, and all other Officers upon reason- able requisilion shall assist in the execution thereof. 13, 14 V. c. 74, s. 14. The case of a 33. If any Railway, to which the Act of Canada respecting kit''th^raiSr^' Railways applies, passes through any land belonging to or Indians lands in possession of any Tribe of Indians in this Province, or provided lor. j£ ^^j ^^^^ Occasioning damage to their lands be done under the authority of the said Act or of the Special Act, compensa- tion shall be made to them therefore, in the same manner as is provided with respect to the lands or rights of other individuals ; and whenever it is necessary that Arbitrators should be chosen by the parties, the Chief Officer of the Indian Department within this Province, is hereby authorized and required to name an Arbitrator on behalf of the Indians, and where the lands belong to the Indians, the amount awarded in any case shall be paid to the said Chief Officer for the use of the Tribe or Body. 14, 15, V. c. 51, s. 11, No. 22. The case of 34. If any work under the Act of Canada respecting " Joint Sfectingindian Stock Companies to construct works to facilitate the transmis- liands provid- sion of timber down rivers and streams," be constructed upon '"■ or otherwise interferes with any tract of land or property belong- ing to or in possession of any Tribe of Indians in this Fro,vince, or if any property belonging to them be taken, or any act done, under authority of the saici Act is occasioning damage to their properties or their possessions, compensation shall be made to them therefor, in the same manner as provided with respect to the property, possession or rights of other individuals, and whenever it is necessary for Arbitrators to be chosen by the parties for settling the amount of such compensation, the Chief Officer of the Indian Department within the Province shall name an Arbitrator on behalf of the said Indians ; and where 1859. Trespasses to Public and Indian Lands. Cap. 81. 307 where the said lands belong to any Tribe or Body of Indians, the amount awarded shall be paid t® the said Chief Officer, for the use of such Tribe or Body. 16 V. c. 191, s. 17. 35. The following are the forms referred tf in ihe foiegoiuf sections : ° A. See S. 7. WRIT or REMOVAL BY CONTINUAKCE. Upper Canada. Victoria, by the Grace of God, &c. To the Sheriff of — Greeting : Whereas by a certain Warrant of Removal made by ' one [or two, as the case may be,) of the Commis- sioners appointed under the Great Seal of Our Province of Canada, by virtue of the Consolidated Statutes of Upper Ca- nada, (Chapter ,) to prevent trespasses to Public and Indian Lands, you were formerly commanded that [here re- cite Commissioners^ Warrant of Removal) which said Warrant yon lately returned to Us into Our Court of Queen's Bench {or Common Pleas,) at Toronto, and theieupon certified to Us that {here insert the Sheriff's Return., settingforth the return of the -party or parties., or his belief that he or they would return unless the land beprolected by the issve of process for the protection thereof) according to the form of the Statute in such case made and provided : Therefore, We command you, that immediately after receipt hereof you proceed to the said lands and premises, and remove or cause to be removed all and singular such person and persons, if any, whom you shall find in or upon the same, from the possession thereof, and give and cause to be given to such person or persons as shall for that purpose be appointed by Our said Commissioners, or any one of them, under their or his hand and seal, the full, quiet and peaceable possession of the said premises and every part and parcel thereof, and that such person or persons, and all others having from time to time a similar Warrant from Our said Commissioners, or any one of them, in such quiet and peaceable possession of the said pre- mises, that you support, help and maintain from time to time, as often as occasion shall and may require ; and what you shall do in the premises you certify to Us in Our said Court of - Queen's Bench or Common l-'leas, before Us, at Toronto, on the day of Term next, together with this Writ; and herein fail not at your peril. Witness the Honorable , Chief Justice, &c., {as in other writs issued out of the said court.) B. 828 ^^P' ^1- Trespasses to Public and Indian Lands. 22 Vict. B. See S. 11. WRIT OF FIERI FACIAS AND CAPIAS AD SATISFACIENDUM. I Upper Canada. Victoria, by the Grace of God, &c. To the Sheriff of —Greeting : Whereas by a certain conviction had before , two of Our Commissioners appointed under the Great Seal of Our Pro- vince of Canada, by virtue of the Consolidated Statutes of Upper Canada (Chapter ,) to prevent trespasses to Public and Indian Lands, it was considered by the said Commissioners {here set out the conviction) which said conviction for certain reasons We caused to be certified to Us in Our Court of Queen's Bench [or Common Pleas) at Toronto, according to the form of the Statute in such case made and provided : We, therefore, being willing to be satisfied the said line so by the said Com- missioners set and imposed upon the said , do hereby command you that you levy of the goods and chattels of the said , in your County, the amount of the said fine so set and imposed upon him as aforesaid, so that you may have that money in Our said Court of Queen's Bench (or Common Pleas) before Us at Toronto, on the day of next ; and if it shall happen that sufficient goods and chattels of the said shall not be found in your County for payment of the said fine, then. We command you that you levy of the Lands and Tene- ments of the said , in your County, the amount of the said fine so set and imposed on him as aforesaid, and have that money in 'Our said Court before Us on the day and at the place aforesaid ; and if it shall happen that sufficient neither of goods or chattels. Lands or Tenements of the said shall be found in your County for pay- ment of the said fine, then, We command you that you take the Body of the said wheresoever he shall be found in your County, and him safely keep iu your prison until he hath fully satisfied Us the said fine so set and imposed upon him as aforesaid : and in what manner you shall have executed this Our Command, make appear to Us in Our said Court before Us, on the day and at the place aforesaid, and have then there this Writ. Witness the Honorable , Chief Justice [as in oUier Writs issued out of the same Court.) CAP. 1859. Real Property, Cap. 82. gOft CAP. LXXXII. An Act respecting Real Property. HER Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows : 1. The eighteenth section of the interpretation Act is not to apply to this Act. DESCENTS SINCE THE IST JuLY, 1834. 2. This Act shall not extend to any descent which took place Relation of the on the death of any person who died before the first day of Act. July, one thousand eight hundred and thirty-four. 4 W. 4 c. 1, s. 11. ' 3. The next ten sections of this Act numbered from four jj^^ ,,jg n^^t to thirteen shall apply retrospectively to the sixth day of March, tenTectfons'^ one thousand eight hundred and thirty-four, and also prospect- "^ *° "pp'^^' ively (as the case may be), and shall be construed as if the same had been enacted and passed on the said sixth day of March, one thousand eight hundred and thirty-four. 4 W. 4, c. 1, s. 11. 4. In every case, on and after the first day of July, one j^g^^g^, ^j^^y thousand eight hundred and thirty -four, descent shall be traced always tie tra. from the purchaser ; and to the intent that the pedigree may never '^^'^ ^'^"^ ^^\ be carried farther back than the circumstances of the case and ^'^"^ ^^^^' the nature of the title require, the person last entitled to the land shall for the purposes of this Act be considered to have been the purchaser thereof, unless • it be pro.ved that he inherited the same, in which case, the person from whom he inherited the same shall be considered to have been th% pur- chaser, unless it be proved that he inherited the same ; and, in like manner, the last person from whom the land shall be proved to have been inherited shall in every case be con- sidered to have been the purchaser, unless it be proved that he inherited the same. 4 W. 4, c. 1, s. 1. 5. When any land shall have been devised by any testator. Heir entitled who shall die after the first day of July, one thousand eight ""<'<"■ » Will hundred and thirty-four, to the heir or to the person who shall devisee a^nd\ be the heir of such testator, such heir shall be considered to li™i'ationtotfae have acquired the land as a devisee and not by descent ; and hdrshai°create when any land shall have been limited by any assurance, exe- an estate by cuted after the said first day of July, one thousand eight hundred P"'''='>^^^- and thirty-four, to the person or to the heirs of the person who shall thereby have conveyed the same land, such person shall be considered to have acquired the same as a purchaser, by virtue of such assurance, and shall not be considered to be entitled 830 Cap. 82. Real Property, Descent since \st July, 1834. 22 Vict. "^^i&n heirs take by pur- chase under limitations to the heirs of their ancestor, the land shall descend as if the ancestor had been the purchaser. entitled thereto, as of Ms former estate or part thereof. 4 W. 4, c. 1, 9. 2. 6. When any person shall have acquired any land by pur- chase, under a limitation to the heirs, or to the heirs of the body of any of his ancestors, contained in an assurance executed after the said first day of July, one thousand eight hundred and thirty-four, or under a limitation to the heirs, or to the heirs of the body of any of his ancestors, or under any limitation having the same eifect, contained in a will of any testator who shall depart this life after the said first day of July, one thou- sand eight hundred and thirty-four, then and in any of such cases, such land shall descend, and the descent thereof shall be traced as if the ancestor named in such limitation had been the purchaser of such land. 4 W. 4, c. 1, s. 3. 7. When the person from whom the descent of any land is to be traced shall have had any relation who, having been a,ttainted, died before such descent shall have taken place, then such attainder shall not prevent any person from inheriting such land who would have been capable of inheriting the same by tracing his descent through such relation if he had not been attainted, unless such land escheated in consequence of such attainder before the first day of July, one thousand eight hundred and thirty-four. 4 W. 4, c. 1, s. 9. Heir-at-law 8. Proof of entry by the heir after the death of the ancestor en^y?°' P™^® shall in no case be necessary in order to prove title in such heir, or in any person claiming by or through him. 4 W. 4, c. 1, s. 10. After the death of a person at- tainted his des- cendants may inherit. Limitations' made before 1st July, 1S34, to the heirs of a perton then living, shall take effect as if this Act had not been made. 9. Where any assurance executed before the said first day of July, one thousand eigljt hundred and thirty-four, or the will of any person who died before that day, contains any limitation or gift to the heir or heirs of any person under which the person or perlbns answering the description of heir shall be entitled to an estate by purchase, then the person or persons who would have answered such description of heir if this Act had not been made, shall become entitled by virtue of such limitation or gift, whether the person named as ancestor shall or shall not be living- on or after the said first day of July, one thousand eight hundred and thirty-four. 4 W 4, c. 1, s. 12. Grantees, de- 1®. Whenever by any letters patent, assurance or will, made shalfnouake ^"^ executed after the first day of July, one thousand eight bun- as joint-tenants dred and thirty-four, land shall be granted, conveyed or devised ' ^ to two or more persons other than executors or trustees, in fee simple, or for any less estate, jt shall be considered that such persons took or take as tenants in common, and not as joint tenants, unless an intention sufficiently appears on the face of such letters patent, assurance or will, that they shall take as- unless such intention he joint tenants. 4 W. 4, c. 1, s. 48. 11. 1859. Real Property, Descent since \st July, 1834. Cap. 82. 83 1 1 1. When the will of any person who shall die after the sixth Estates acquir- day of March, one thousand eight hundred and thirty-four, ^^kin- of\ contains a devise in any form of words of all such real estate Will may pass as the testator shall die seized or possessed of, or of any part !^ji*.e^ou • or proportion thereof, such will shall be valid and effectual tention is ex- ' to pass any land that may have been or may be acquired by P™^^''- the devisor after the making of such will, in the same manner as if the title thereto had been acquired before the making thereof. 4 W. 4, c. 1, s. 49. 13. Whenever land is or shall be devised in a will made a devise of by any person who shall die after the sixth day of March, one J"!"! «^a" i^e 1 1-11 Ti 11* p •!>! .1 taken to carry thousand eight hundred and thirty-iour, it shall be considered as large an that the devisor intended to devise all such estate as he was ^st^a^or had^i seized of in the same land, whether fee simple or otherwise, the land, unless unless it appears upon the face of such will that he intended f™.""'!''^'"' ,. K'^ ^ p T r 1 1 ,, tention be ex- to devise only an estate lor lite, or other estate less than he pressed, was seized of at the time of making the will containing such devise. 4 W. 4, c. 1, s. 50. 13. Any will affecting land executed after the sixth day of witnesses March, one thousand eight hundred and thirty-four, in the pre- need not sub- sence of and attested by two or more witnesses, shall have the presence oMhe same validity and effect as if executed in the presence of and testator. attested by three witnesses ; and it shall be sufficient if such witnesses subscribe their names in presence of each other, although their names may not be subscribed in presence of the testator. 4 W. 4, c. 1, s. 51. INTERPRETATION CLAUSE. 14. The words and expressions in the foregoing sec- Meaningof tions and in the next seven sections numbered from fifteen to ^ords in this^ twenty-one inclusive, which in their ordinary signification have a more confined or a different meaning, shall, in all such sections, except where the nature ofthe provision or the context thereof shall exclude such construction, be interpreted as follows, that is to say: the word "land" shall extend to messuages. Land. and all other hereditaments, whether corporeal or incorpo- real, and to money to be laid out in the purchase of land, and to chattels and other personal property transmissible to heirs, and also to any share of the same hereditaments and properties, or any of them, and to any estate of inheritance, or estate for any life or lives, or other estate transmissible to heirs, and to any possibi- lity, right or title of entry or action, and any other interest capable of being inherited, and whether the same estates, possibilities, rights, titles and interests, or any of them, shall be in possession, reversion, remainder or contingency; and the words " the Purcliaser. purchaser" , shall mean the person who last acquired the land otherwise than by descent or than by any partition, by the effect of which the land shall have become part of or des- cendible, in the same manner as other land acquired by descent ; 832 Descent. Descendants, Persons last entitled. Assurance. Bent. 'Number and gender. Cap. 83. R. P., Descent, Ut July, '34 to IstJany, '52. 22 Vict. descent ; and the word " descent " shall mean the title to inherit land by reason of consanguinity, as well where the heir shall be an ancestor or collateral relation, as where he shall be a child or other issue; and the expression "des- cendants of any ancestor " shall extend to all persons who must trace their descent through such ancestor ; and the ex- pression " the person last entitled to land " shall extend to the last person who had a right thereto, whether he did or did not obtain the possession or the receipt of the rents and profits thereof ; and the word " assurance " shall mean any deed or instrument (other than a will) by which any land shall ie conveyed or transferred at law or in equity ; and the word "rent" shall extend to all annuities and periodical sums of money charged upon or payable out of any land ; and the " person through whom another person is said to claim, " shall mean any person by, through or under, or by the act of whom the person so claiming became entitled to the estate or interest claimed, as heir, issue in tail, tenant by the courtesy of England, tenant in dower, successor, special or' general oc- cupant, executor, administrator, legatee, husband, assignee, appointee, devisee or otherwise ; and every wofd importing the singular number only, shall extend and be applied to everal persons or things, as well as to one person or thing ; and svery word importing the masculine gender only, shall extend end be applied to a female, as well as to a male. 4 W. 4, c. 1, a. 59. The foregoing •sections not to operate restro- spectively in -certain cases. Relations ofthis Act as to des- cents hietween the l.st JulV) 1834, and 31st December, 1851. SDESCENTS BETWEEN IsT JULY, 1834, AND IsT JANUARY, 1852. 15. The foregoing sections of ihis Act shall not have opera- tion retrospectively to a period of time anterior to the sixth day of March, one thousand eight hundred a;nd thirty-four, so as, by force of any of their provisions, to render any title valid, which in regard to any particular estate had prior to that day been ad- judged, or has been or may be in any suit which was depend- ing on that day adjudged invalid, on account of any defect, imperfection, matter or thing, which is by such Sections altered, supplied or remedied ; but in every such case the law in regard to any such defect, imperfection, matter or thing, shall, as applied to such title, be deemed and taken to be as if those Sections of this Act had not been passed. 4 W. 4, c. 1, s. 60. IS. As respects every descent between the first day of July, one thousand eight hundred and thirty-four, and the thirty-first day of December, one thousand eight hundred and fifty-one, both days included, and as respects any descent not included or provided for in the sections of this Act, numbered from twenty- three to forty-nine, both included, the following sections num- bered from seventeen to twenty one, both included, shall apply retrospectively to the first day of July, one thousand eight hundred and thirty-four, and also prospectively, as the case may be, any shall be construed as if .the same had been passed on the said first 1859. Real Property, Descent of, before Jany., 1853. Cap. 82. §33 first day of July, one thousand eight hundred and thirty-four. see 14, 15 V. c. 6, s. 1. 17. No brother or sister shall be considered to inherit Brothers and immediately from his or her brother or sister, but every descent sisters shall from a brother or sister shall be traced through the parent. 4 W. Ihrougifpa-' 4, C. 1, S. 4. rents. 18. Every lineal ancestor shall be capable of being heir Lineal ancestor to any of his issue, and in any case where there is no may be heir ia issue of the purchaser, his nearest lineal ancestor shall be his coUaterai'per- heir in preference to any person vi?ho would have been entitled to ^o"' ''j?''?'"^ inherit, either by tracing his descent through such lineal '°"^ ™" ancestor, or in consequence of there being no descendant of such lineal ancestor, so that the father shall be preferred to a brother or sister, and a more remote lineal ancestor to any of his issue, other than a nearer lineal ancestor or his issue. 4 W. 4, c. 1, s. 5. 19. None of the maternal ancestors of the person from The male line whom the descent is to be traced, nor any of their descendants, '° ^^ preferred, shall be capable of inheriting until all his paternal ancestors and their descendants have failed ; and no female pater- nal ancestor of such person, nor any of her descendants shall be capable of inheriting, until all his male paternal ancestors and their descendants have failed, and no female maternal ancestor of such person, nor any of her descendants shall be capable of inheriting, until all his male maternal ancestors and their descendants have failed. 4 W. 4, c. 1, s. 6. 20. Where there shall be a failure of male paternal anees- xhe mother of tors of the person from whom the descent is to be traced, and the more re- their descendants, the mother of his more remote male pater- ^stor"tobe nal ancestor, or her descendants, shall be the heir or heirs of preferred to the such person, in preference to the mother of a less remote ™°s remote male paternal ancestor, or her descendants ; and when there male ancestor, shall be a failure of male paternal ancestors of such person, and their descendants, the mother of his more remote male maternal ancestor, and her descendants, shall be the heir or heirs of such person, in preference to the mother of a less re- mote male maternal ancestor and her descendants. 4 W. 4, c. 1, s. 7. SI. Any person related to the person from whom the Half blood to descent is to be traced by the half blood, shall be capable of '"j'^f'^'^^'^f being his heir, and the place in which any such relation by ^e°ame°de- the half blood shall stand in the order of inheritance, so as to gree. be entitled to inherit, shall be next after any relation in the same degree of the whole blood and his issue, where the common ancestor shall be a male, and next after the common ancestor when such common ancestor shall be a female, so that the brother of the half blood on the part of the father, shall AAA inherit 834 Cap. 82. Real Property, Descent of, after J any., 1852. 22 Vict. inherit next after the sisters of the whole blood on the part of the father and their issue, and the brother of the half blood on the part of the mother, shall inherit next after the mother. 4 W. 4, c. 1, s. 8. DESCENTS FHOM AND AFTER FIRST OF JANUARY, 1852. Descents since 9S. The following sections numbered from twenty-three to 1852*' ^^°"*'^^' forty-nine, both included, shall apply retrospectively to the first day of January, one thousand eight hundred and fifty-two in- clusive, and also prospectively, as the case may be, and shall be construed as if the same had been passed on the said fitst day of January, one thousand eight hundred and fiftj -two. 14, 15 V. c. 6, s. 1. How real estate of an intestate dying after 1st January, 1852, shall descend. As to descend- ants in equal degrees of con- sanguinity. 23. Whenever on or after the first day of January, in the year of our Lord one thousand eight hundred and fifty-two, any person shall die, seized in fee simple or for the life of another of any real, estate in Upper Canada, without having lawfully devised the same, such real estate shall descend or pass by way of succession in manner following, that is to say ; Firstly To his lineal descendants, and those claiming by or under them, per stirpes ; Secondly To his father ; Thirdly To his mother and ; Fourthly To his collateral relatives ; Subject in all cases to the rules and regulations hereinafter prescribed. 14, 15 V. c. 6, s. 1. 34. If the intestate shall leave several descendants in the direct line of lineal descent, and all of equal degree of consan- guinity to such intestate, the inheritance shall descend to such persons in equal parts, however remote from the intestate the common degree of consanguinity may be. '^14, 15 V. c. 6, s. 2. If some children be living and others dead leaving issue. 35. If any one or more of the children of such intestate be living, and any one or more be dead, the inheritance shall descend to the children who are living, and to the descendants of such children as have died, so that each child who shall be living shall inherit such share as would have descended to him if all the children of the intestate who have died leaving issue, had been living ; and so that the descendants of each child who shall be dead shall inherit in equal shares the share which their parent would have received if living. 14, 15 V. c. 6, s. 3. 36. 859. Real Property, Descent of, after Jany., 1852. Cap. 82. §35 26. The rule of descent prescribed in the last preceding sec- Same rule as to ion shall apply in every case where the descendants of the in- otijefd'^scencl- • 1 J 1 • 1 ■ 1 • 1 n 1 /> ants in unequal estate, entitled to share in the inheritance, shall be ot unequal degrees of con- legrees of consanguinity to the intestate, so that those who are sanguiniiy. n the nearest degree of consanguinity shall take the shares ;vhich would have descended to them, had all the descendants n the same degree of consanguinity who have died leaving issue, been living, and so that the issue of the descendants who have died, shall respectively take the shares which their parents if living would have received. 14, 15 V. c. 6, s. 4. 37. In case the intestate dies without lawful descendants, if the intestate and leaving a father, then the inheritance shall go to such '^"f™ "o ^^- father, unless the inheritance came to the intestate on the ot'iat^her J mo- part of his mother, and such, mother be living ; and if such tl>er, &c. mother be dead, the inheritance descending on her part shall go to the father for life, and the reversion to the brothers and sisters of the intestate and their descendants, according to the law of inheritance by collateral relatives hereinafter pro- vided ; and if there be no such brothers or sisters, or their descendants, living, such inheritance shall descend to the father. 14, 15 V. c. 6, s. 5. 38. If the intestate shall die without descendants and leav- iftherebeno ing no father, or leaving a father not entitled to take the Jo i'nheT?/.'"**^ inheritance under the last preceding section, and leaving a mother and a brother or sister, or the descendant of a brother or sister, then the inheritance shall descend to the mother during her life, and the reversion to such brother or sister of the in- testate as may be living, and the descendants of such as may be dead, according to the same law of inheritance hereinafter provided; and if the intestate in such case leaves no brother or sister, nor any descendant of any brother or sister, the inheritance shall descend to the mother. 14, 15 V. c. 6, s. 6. 39. If there be no father or mother capable of inheriting And if there be the estate, it shall descend in the cases hereinafter specified to "f'JJ'o^Jr."'^'' the collateral relatives of the intestate ; and if there be several of such relatives, all of equal degree of consanguinity to the intestate, the inheriiance shall descend to them in equal parts, however remote from the intestate the common degree of con- sanguinity may be. 14, 15 V. c. 6, s. 7. 30. If all the brothers and sisters of the intestate be living. Succession of the inheritance shall descend to such brothers and sisters ; and ^^"^^f^^alteir if any one or more of them be living and any one or more be descendants, dead, then to the brothers and sisters and every of them who are living, and to the descendants of such brothers and sisters as have died, so that each brother or sister who may be living, shall inherit such share as would have descended to him or her, if all the brothers or sisters of the intestate who have died aaa2 leaving 836 As to such des- oeiitlants in un- equal degreesi. Cap. 82. Real Property, Descent of, after Jany., 1852. 22 Vrci leaving issue had been living, and so that such descendants shal inherit in equal shares the share which their parent, if living, would have received. 14, 15 V. c. 6, s. 8. 31. The same Jaw of inheritance prescribed in the last section shall prevail as to the other direct lineal descendants of every brother and sister of the intestate, to the remotest degree, whenever such descendants are of unequal degrees. 14, 15 V. c. 6, s. 9. Iftherebeno 3@. If there be no heir entitled to take under any of the precedin^se?- Preceding ten sections, the inheritance, if the same shall have tiotis. ° come to the intestate on the part of his father, shall descend : Firstly. To the brothers and sisters of the father of the in- testate in equal shares, if all be living ; Secondly. If one or more be living, and one or more have died leaving issue, then to such brothers and sisters as are living, and to the descendants of such of the said brothers and sisters as have died, in equal shares ; Tliirdly. If all sach brothers and sisters have died, then to their descendants ; and in all such cases the inheritance shall descend in the same manner as if all such brothers and sisters had been the brothers and sisters of the intestate. 14, 15 V. c. 6, s. 10. Further provi- sion. 33. If there be no brothers or sisters, or any of them, of the father of the intestate, and no descendants of such brothers or sisters, then the inheritance shall descend to the brothers and sisters of the mother of the intestate, and to the descendants of such of the said brothers and sisters as have died, or if all have died, then to their descendants, in the same man- ner as if all such brothers and sisters had been the brothers and sisters of the father. 14, 16 V. c. 6, s. 11. Further provi- 34. In allcases not provided for by the twelve next preceding aionifthe estate sections, where the inheritance shall have come to the intestate mmlter'^ side, on the part of his mother, the same, instead of descending to the brothers and sisters of the intestate's father, and their descen- dants, as prescribed in the preceding thirty-second section, shall descend to the brothers and sisters of the intestate's mother, and to their descendants, as directed in the last preceding section ; and if there be no such brothers and sisters or descendants of them, then such inheritance shall descend to the brothers and sisters, and their descendants, of the intestate's father, as be- fore prescribed. 14, 15 V. c. 6, s. 12. IT it came 35. In cases where the inheritance has not come to the neither on fa- intestate on the part of either the father or the mother, the inher- uier's nor mo-. ini i iii ■% . \ \ p -t liicr's side. itance shall descend to the brothers and sisters both of the father 1859. Real Property, Descent of^ after Jany., 1852. Cap. 82. gg'y father and mother of the intestate in equal shares, and to their descendants, in the same manner as if all such brothers and sisters had been the brothers and sisters of the intestate. 14, 15 V. c. 6, s. 13. 36. Relatives of the half blood shall inherit equally with Haifbiood to those of the whole blood in the same degree, and the descen- succeed with dants of such relatives shall inherit in the same manner as the ■^''"''= '''°°''- descendants of the whole blood, unless the inheritance came to the intestate by descent, devise or gift of some one of his ances- tors ; in which case all those who are not of the blood of such ancestors shall be excluded from such inheritance. 14, 15 V. c. 6, s. 14. 37. On failure of heirs under the preceding rules, the inhere be inheritance shall descend to the remaining next of kin of the '^''"''^°f'^'=^'^ intestate, according to the rules in the English Statute of dis- tribution of the personal estate. 14, 15 V. c. 6, s. 15. 38. Whenever there shall be but one person entitled to in- Co-heirstotate herit according to the provisions of the twenty-second and ^^ tenants m following sections of this Act, he shall take and hold the inheritance solely ; and wherever an inheritance, or a share of an inheritance, shall descend to several persons under such provisions, they shall take as tenants in common, in proportion, to their respective rights. 14, 15 V. c. 6, s. 16. 39. Descendants and relatives of lhe intestate begotten Descendant?, before his death, but born thereafter, shall in all cases inherit &cj born after in the same manner as if they had been born in the lifetime of tate, to inherit, the intestate and had survived him. 14, 15 V. c. 6; s. 17. 4®. Children and relatives who are illegitimate' shall not illegitimate be entitled to inherit under any of the provisions of this Act. P';''*""* "'*' '" 14, 15 V. c. 6, s. 18. ""^'^^"- 41. The estate of the husband as tenant by the curtesy, or Curtesy, dower of a widow as tenant in dower, shall not be affected by any of 2,"'^ f*"^'f^r«^" ,1 .. cii T • ■ c ^ • Deed or Will tiie provisions oi the last precedmg mneteen sections oi this excepted. Act, nor shall the same afl'ect any limitation of any estate by deed or will, or any estate which, although held in fee simple or for the life of another, is so held in trust for any other per- son, but all such estates shall remain, pass and descend, as if the last nineteen sections of this Act numbered from twenty- two to forty, both included, had not been passed. 14, 15 V- c. 6, s. 19. 4@. If any child of an intestate shall have been advanced Case ofehiM- by the intestate by settlement, or portion of real or personal [eej^JJiva^eSi estate, or both of them, and the same shall have been so ex- by settlement, pressed by the intestate in writing, or so acknowledged in *^''- writing by the child, the value thereof shall be reckoned, for the purposes 838 Cap. 82. Rml Property, Descent of, after Jany., 1852. 22 Vict. purposes of this section only, as part of the real and personal estate of such intestate descendable to his heirs, and to be dis- tributed to his next of kin according to law ; and if such advancement be equal or superior to the amount of the share which such child would be entitled to receive of the real and personal estate of the deceased, as above reckoned, then such child and his descendants shall be excluded from any share in the real and personal estate of the intestate. 14, 13 V. c. 6, s. 20. If such ad van - remer.t be not equal. 43. If such advancement be not equal to such share, such child and his descendants shall be entitled to receive so much only of the personal estate, and to Inherit so much only of the real estate of the intestate, as shall be sufficient to make all the shares of the children in such real and personal estate and advancement to be equal, as near as can be estimated. 14, 15 V. c. 6, s. 21. Education, &c., not ad- vancement. Value of pro- 44. The value of any real or personal estate so advanced how'est™"'rd' ®^^^^ ^^ deemed to be that, if any, which may have been ac- knowledged by the child by any instrument in writing, other- wise such value shall be estimated according to the value of the properly when given. 14, 15 V. c. 6, s. 22. 45. The maintaining or educating, or the giving of money to a child, without a view to a portion or settlement in life, shall not be deemed an advancement within the meaning of this Act. 14, 15 V. c. 6, s. 23. 4<8. The parties authorized to make partition of any such real estate according to law, shall receive from any of the persons entitled to a share of such real estate, an oifer or proposition to purchase the share or shares of the other parties interested therein, giving the preference to the person who would have been the heir-at-law thereto, had the twenty-second and follow- ing sections of this Act not been passed ; and next after such heir at-law, giving such preference to the several persons suc- cessively who would have been such heir-at-law, had the said last mentioned sections of this Act not been passed, and had those persons preceding ttiem respectively in the series of such pre- ference been dead at the time of the death of the intestate. As to the pur- chase by any of the parties interested of real estate sub- ject to partition, Particulars of ofler to pur- chase to be cer- tified by the Court. 47. The parties so authorized to make such partition, shall certify particularly to the Court in which proceedings for a partition may be commenced or pending, the particulars of such offer or proposition for purchase, the nature, quantity and value of the estate or share proposed to be purchased, and whether they advise such offer or proposition to be accepted or rejected, and their reasons therefor. Any Court au- 48. Any Court authorized to make partition of real estate, may thonzed to Jij-ect a Sale of the same if they think it riffht so to do, upon the make partition ... i- r ^ • ■ p • 1 1 ■ i i may direct a application 01 any oi the parties beneiicially interested therein, giving 1859. Real Property, Descent of, after Jamj., 18L2. Cap. 82, 83. ggg giving however the preference at all times to the person who sale, giving would have been the heir-at-law to such real estate had the P''®'^'«°<=6' ^°' twenty-second and following sections of this Act not been passed, and after such heir-at-law, then giving such prefer- ence to the several persons successively who would have been such heir-at-law, had the said last mentioned sections of this Act not been passed, and had those persons preceding them respectively in the series of such preference been dead at the time of the death of the intestate, 49. Every such preference shall be upon and subject to Terms on such terms, security and conditions as the Court may think it wMch prefer- right to direct. 14, 15 V. c. 6, s. 24. g?ven.° 50. In the last twenty-seven sections of this Act numbered interpretation from twenty-three to forty-nine both inclusive, the term "real as to sections estate " shall be construed to include every estate, interest and right, legal and equitable, held in fee simple or for the life of another (except as in the fortieth section is befors excepted) in lands, tenements and hereditaments in Upper Canada, but not to such as shall be determined or extinguished by the death of the intestate seized or possessed thereof, or so otherwise entitled thereto, nor to leases for years ; and the term " inheritance," as therein used, shall be understood to mean real estate as herein defined, descended or succeeded to, according to the provisions of the said twenty-seven sections. 14, 15 V. c. 6, s. 25. 51. Whenever, in the last twenty-eight preceding sec- interpretation tions, numbered from twenty-three to fifty both included, any 03!° 50°"°"* person is described as living, it shall be understood that he was living at the time of the death of the intestate from whom the descent or succession came, and whenever any person is described as having died, it shall be understood that he died before such intestate. 14, 15 V. c. 6, s. 26. 59. Whenever in any of the said twenty-eight sections interpretation the expressions "where the estate shall have come to the ||'^°Sg«g=''o"s intestate on the part 'of the father,' or ' mother,' " as the case may be, are used, the sfime shall be construed to include every case where the inheritance shall have come to the intes- tate by devise, gift or descent from the parent referred to, or from any relative of the blood of such parent. 14, 15 V. c. 6, s. 27. CAP. LXXXIII. An Act respecting the Assurance of Estates Tail. HER Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows : 1. In the construction of this Act, the word " lands," shal interpretation €xtend te advowsons, rectories, messuages, lands, tenements, of words. rents g40 Cap. 83. Assurance of Estates Tail. 22 Vict. rents and hereditaments of any tenure, and whether corporeal or incorporeaJ, and any undivided share thereof; and the word " estate," shall extend to an estate in equity as well as at law, and shall also extend to any interest, charge, lien, or incum- brance in, upon, or affecting lands, either at law or in equity, and shall also extend to any interest, charge, lien or incum- brance in, upon, or affecting money subject to be invested* in the purchase of lands; and the expression " base fee," shall mean exclusively that estate in fee simple into which an estate tail is converted where the issue in tail are barred, but persons claiming estates by way of remainder or otherwise are not barred ; and the expression " estate tail," in addition to its usual meaning, shall mean a base fee into which an estate tail has been converted ; and the expression " actual tenant in tail," shall mean exclusively the tenant of an estate tail which has not been barred, and such tenant shall be deemed an actual tenant in tail, although the estate tail may have been divested or turned to a right ; and the expression " tenant in tail," shall mean, not only an actual tenant in tail, but also a person who, where an estate tail has been barred and converted into a base fee, would have been tenant of such es- tate tail if the same had not been barred ; and the expression " tenant in tail entitled to a base fee," shall mean a person entitled to a base fee, or to the ultimate beneficial interest in a base fee, and who, if the base fee had not been raealed, would have been actual tenant in tail ; and the expression " money- subject to be invested in the purchase of lands," shall include money, whether raised or to be raised, and whether the amount thereof be or be not ascertained, and shall extend to stocks and funds, and i-eal and other securities, the produce of which is directed to be invested in the purchaseof lands, and the lands to be purchased with such money or produce shall extend to lands of any tenure out of Upper Canada, where such lands or any of them are within the scope or meaning of the trust or power directing or authorizing the purchase ; and every assurance already made or hereafter to be made whether by deed, will, private Act of Parliament, or otherwise, by which lands are or shall be entailed, or agreed or directed to be entailed, shall be deemed a settlement ; and every appointment made in exercise of any power contained in any settlement, or of any other power arising out of the power contained in any settlement, shall be considered as a part of such settlement, and the estate created by such appointment shall be considered as having been created by such settlement ; and, where any such settle- ment is or shall be made by will, the time of the death of the testator shall be considered the time when such settlement was made ; but those words and expressions occurring in this clause, to which more than one meaning is to be attached, shall not have the different meanings given to them by this clause in those cases in which there is any thing in the subject or context repugnant to such construction. 9 V. c. 11, s. 1. 3. 1859. Assurance of Estates Tail. Cap. 83. §4 J ?J. This Act shall operate and apply retrospectively to the This Act re- eighteenth day of May, one thousand eight hundred and forty-six, 'fflg i^"]^/™"" as well as prospectively, and shall be construed as if it hadi846. '' ^^' been passed on the said eighteenth day of May, one thousand eight hundred and forty-six. 3. All warranties of lands made or entered into by any Estates tail and tenant in tail thereof, shall be absolutely void against the issue estates expec- in tail, and all persons whose estates are to take effect after no"iongeX'r- the determination or in defeasance of the estate tail. 9 V. rabiebywar- c. 11, s. 2. ™°'y' 4. Every actual tenant in tail, whether in possession, re- po^er to dis- mainder, contingency, or otherwise, ma j"^ dispose of, for an po^eofiandsio estate in fee simple absolute, or for any less estate, the lands aLssramt°e'/°'' entailed, as against all persons claiming the lands entailed by ^<^■■ force of any estate tail vested in or which might be claimed by, or which, but for some previous act would have been vested in, or might have been claimed by the person making the dis- position, at the time of his making the same, and also as against all persons, including Her Majesty, Her Heirs and Successors, whose estates are to take effect after the determination, or in defeasance of any such estate tail ; saving always the rights of all persons in respect of estates prior to the estate tail in respect of which such disposition is made, and the rights of all other persons except those against whom such disposition is by this Act authorized to be made. 9 V. c. 11, s. 3. 5. Where, under any settlement made before the eighteenth Power of dis- of May, one thousand eight hundred and forty-six, any woman position not to shall be tenant in tail of lands within the provisions of an Act won^en'^tenants passed in the eleventh year of the Reign of His Majesty King in tnii, ex pro- Henry the Seventh, iniituled, Certain alienations made by the V^^""" ^'^'^'^' wife, of the lands of her deceased husband shall be void, the power of disposition hereinbefore contained as to such lands, shall not be exercised by her, except with such assent, as if this Act had not been passed, would, under the provisions of the said Act of King Henry the Seventh, have rendered valid a fine or common recovery levied or suffered by her ot such lands. 9V. c. ll,s. 4. 6. Except as to lands comprised in any settlement made Except, fee., before the eighteenth day of May, one thousand eight hundred UH. 7, c. 20, and forty-six, the said Act of the eleventh year of the Reign of for^"™ His Majesty King Henry the Seventh, shall be of no force in Upper Canada. 9 V. c. 11, s. 5. 7. The power of disposition hereinbefore contained shall Power oi"dis- not extend to tenants of estates tail, who, by an Act passed in P°t,''Jj'^to°er^ the thirty-fourth and thirty-fifth years of the Reign of His Ma- tain tenants in jesty King Henry the Eighth, intituled. An Actio tmbar feigned '^ii- recovery of lands wherein the King is in reversion, or by any other 842 Cap. 83. Assurance of Estates Tail. 22 Vict. other Act, are restrained from barring their estates tail, or to tenants in tail after possibility of issue extinct. 9 V. c. 11, s. 6. Power to en- g. In every case in which an estate tail in any lands sa^'^^the''^ has been barred and converted into abase fee, the person who, rights of certain if such estate tail had not been barred, would have been actual persons. tenant in tail of the same lands, may dispose of such lands as against all persons, including Her Majesty, Her Heirs and Suc- cessors, whose estates are to take effect after' the determina- tion, or in defeasance of the base fee into which the estate tail has been converted, so as to enlarge the base fee into a fee simple absolute ; saving always the rights of all persons, in respect of estates prior to the estate tail which has been converted into a base fee, and the rights of all other persons, except those against whom such disposition is by this Act authorized to be made. 9 V. c. 11, s. 7. Issue inherit- 9. Nothing in this Act contained shall enable any person expectancies^'^ ^^ dispose of any lands entailed in respect of any expectant in- terest which he may have as issue inheritable to any estate tail therein. 9 V. c. 11, s. 8. Extent of estate 10. If a tenant in tail of lands makes a disposition of the tenanUnLiiby ^ame. Under this Act, by way of mortgage, or for any other wayofmort- limited purpose, then such disposition shall, tolhe extent of the otte- hmited"'' ^^^^'^^ thereby created, be an absolute bar in equity, as well as at purpose. law, to all persons as against whom such disposition is by this Act authorized to be made, notwithstanding any intention to the contrary expressed or implied in the deed by which the disposition may be effected ; but if the estate created by such disposition be only an estate pur autre vie, or for years, absolute or determinable, or if, by a disposition under this Act by a tenant in tail of lands, an interest, charge, lien or incumbrance, be created without a term of years, absolute or determinable, or any greater estate, for securing or raising the same, then such disposition shall, in equity, be a bar only so far as may be necessary to give full effect to the mortgage, or to such other limited purpose or to such interests, lien, charge or incumbrance, notwithstanding any intention to the contrary expressed or implied in the deed by which the dis- position may be effected. 9. V. c. 11, s. 9. The owner of 1 1 . If at the time there be a tenant in tail of lands under State'under""^ a Settlement, and there be subsisting in the same lands, settlement prior or any of them. Under the same settlement, any estate for years, underft'e'same determinable on the dropping of a life or lives, or any greater settlement to be estate (not being an estate tor years) prior to the estate tail, then th^settlement°'^^h® P'^'®"^ ^'^'^ ^® ^'^^ °^'^^'^°^^'^^ P"^^^"' estate, Or the first of such prior estates, if more than one, then subsisting under the same settlement, or who would have been so if no absolute dis- position thereof had been made (the first of such prior estates, if more than one, being, for all the purposes of this Act, deemed the 1859. Assurance of Estates Tail. Cap. 83. §43 the prior estate,) shall be the protector of the settlement, so far as regards the lands in which such prior estate is sub- sisting, and shall, for all the purposes of this Act, be deemed the owner of such prior estate, although the same may have been charged or incumbered, either by the owner thereof or by the settler, or otherwise howsoever, and although the whole of the rents and profits be exhausted, or be required for the payment of the charges and incumbrances on such prior estate, and although such prior estate may have been absolutely disposed of by the owner thereof, or by or in consequence of the bankruptcy or insolvency of such owner, or by any other act or default of such owner ; and an estate by the curtesy or in dower, in respect of the estate tail, or of any prior estate created by the same settle- ment, shall be deemed a prior estate under the same settlement, within the meaning of this clause; and an estate by way of resulting use or trust to or for the settler, shall be deemed an estate under the same settlement, within the meaning of this clause. 9 V. c. ll,s. 10. 13. Where two or more persons are owners, under a Each of two or settlement within the meaning of this Act, of a prior estate, the moreownersof sole owner of which estate, if there had been only one, would, bJ'thesdepro- in respect thereof, have been the protector of such settlement, tector as to his each of such persons, in respect of such undivided share as he could dispose of, shall, lor all thepurposesof this Act,be deemed the owner of a prior estate, and shall, in exclusion of the other or others of them, be the sole protector of such settlement, to the extent of such undivided share. 9 V. c. 11, s. 11. 13. Where a married woman would, if single, be the pro- when a mar- tector of a settlement in respect of a prior estate, which is not ™<' ^9"^?? filoTi^ infill Vi& thereby settled or agreed, or directed to be settled to her se- the protector parate use, she and her husband together shall, in respect of ^nd where she such estate, be the protector of such settlement, and shall be band together deemed one owner ; but, if such prior estate has by such shall be pro- t t lectors settlement been settled or agreed, or directed to be settled to her separate use, then, she alone shall, in respect of such estate, be the protector of such settlement. 9 V. c. 11, s. 12. 14. Except in the case of a lease hereinafter provided for, as to estates where an estate is limited by a settlement, by way of confirmed or confirmation, or where the settlement merely has the [le^Jnt. ■effect of restoring an estate, in either of those cases, such estates shall, for the purposes of this Act, so far as regards the protector of the settlement, be leemcd an estate subsisting under such settlement. 9 V. c. 11, s. 13. 13. Where a lease at a rent is created or confirmed As to leases at by a settlement, the person in whose favour such lease is se,"lemem^ ''^ ■created or confirmed, shall not, in respect thereof, be the protector of such settlement. 9 V. c. 11, s. 14. 16. 844 C^P- 83% Assurance of Estates Tail. 22 Vict. Except in the 1®. No woman in respect of her dower, and (except in the Sisters'' noTe- ^^^® hereinafter provided for, of a bare trustee under a set- naiit in dower, tlement made on or before the first day of July, one thousand &:o., to be pro- gj„jjj hundred and forty-six) no bare trustee, heir, executor, lector. P . . .''. ' P ii_i' administrator, or assign, nx respect oi any estate taken by nim as such bare trustee, heir, executor, administrator or assign, shall be the protector of a settlement. 9 V. c. 11, s. 16. Whoshaiibe IV. Where, under any settlement, there is more than one "'^P™'!^'"'' estate prior to an estate tail, and the person who is the owner, owner ofihe within the meaning of this Act, of any such prior estate, T°LiTfth ™ respect of which, but for the two last preceding clauses, or two last ciau- one of them, he would have been the protector of the settle- ses, be exclud- ment, is by virtue of such clauses, or either of them, excluded from being the protector ; then, the person (if any) who, if such estate did not exist, would be the protector of the settlement, shall be such protector. 9 V. c. 11, s. 16. Wherein the 18. Where on or before the first day of July, one thousand aiicstaie"be-^ eight hundred and forty- six, an estate under a settlement fore the 1st had been disposed of, either absolutely or otherwise, and person to make ^i'^^^'' ^°'" valuable Consideration or not, the person who in the tenant to respcct of sucli estate would, before the first day of January, Entry in a'^re- °^® thousand eight hundred and thirty-four, have been the covery shall be proper person to have made the tenant to the writ of entry or the protector. Qj^gp ^yj.j^ foj. suffering a common recovery of the lands entailed by such settlement, shall, during the continuance of the estate which conferred the right to make the tenant to such writ of entry or other writ, be the protector of such settlement. 9 V. c. 11, s. 17. Wherein the t©. Where any person having, on or before the first day case of the dis- of Julv, One thousand eight hundred and forty-six, either for Bosition oia . j > reversion on or valuable consideration or not, disposed of, either absolutely or before the 1st otherwise, a remainder or reversion in fee in any lands, or pereon to iake Created any estate out of such remainder or reversion, would^ th*^ w""'f° under this Act, if this clause had not been inserted, have been Entry in a re- the protector of the settlement by which the lands were en- covery shall be tailed in which such remainder or reversion may be subsist- e protector. ^^^^ ^^^ thereby be enabled to concur in the barring of such remainder or reversion, which he could not jiave done if he had not become such protector ; then, the person who, before the first day of January, one thousand eight hundred and thirty-four, would have been the proper person to have made the tenant to the writ of entry or other writ for suffering a common recovery of such lands, shall, during the continuance of the estate which conferred the right to make the tenant to such writ of entry or other writ, be the protector of such settle- ment. 9 V. c. 11, s. 18. Where a bare 9©. Where, under any settlement of lands made before the trustee, &c. fij-gt day of January, one thousand eight hundred and thirty- four, 1859. Assurance of Estates Tail. Cap. 83. 345 four, the person who, if this Act had not been passed, would have been the proper person to make the tenant to the writ of entry or other writ for suffering a common recovery of such lands, for the purpose of barring any estate tail or other estate under such settlement, is a bare trustee, such trustee shall, during the continuance of the estate conferring on him the right to make the tenant to such writ of entry or other writ, be the protector of such settlement. 9 V. c. 11, s. 19. SI. Any settlor entailing lands may appoint, by the settle- Power to any meat by which the lands are entailed, any number of per- ^'^'."°'' '» ap- sons in me, not exceeding three, and not being aliens, to be P°'"' P™'^"''"'- protector of the settlement, in lieu of the person who would have been the protector if this clause had not been inserted, and either for the whole or any part of the period for which such person might have continued protector ; and, by means of a power to be inserted in such settlement, to perpetuate, during the whole or any part of such period, the protectorship of the settlement in any one person or number of persons in esse, and not being an alien or aliens, whom the donee of the power thinks proper, by deed, to appoint protector of the settle- ment, in the place of any one person, or number of persons, who may die, or by deed relinquish his or their office of protector ; and the person or persons so appointed shall, in case of there being no other person then protector of the settlement, be the protector, and shall, in case of there being any other person then protector of the settlement, be protector jointly with such other person ; But the number of the persons to compose the protector by virtue or means of any such appointment, shall never exceed three. 22. Every deed by which a protector is appointed under a Deeds appoint power in a settlement, and every deed by which a protector ins^ protectors relinquishes his office, shall be void unless registered in the ° '^''^S'^ «■■ • Registry Office of the County or Counties wherein the lands referred to lie, within six months after the execution, thereof ; and the person who, but for the last preceding clause, would have been sole protector of the settlement, may be one of the persons to be appointed protector under that clause, if the settlor thinks fit, and shall, unless otherwise directed by the settlor, act as sole pi'otector, if the other persons constituting the protector have ceased to be so by death or relinquishment of the office by deed, and no other person has been ap- pointed in their place. 9 V. c. 11, s. 20. 23. If any person, protector of a settlement, be lunatic, The Court of idiot, or of unsound mind, and whether he has been found Chancery to be , ' . ... ' , 1 ,-, !■ r^, the protector of such by inquisition or not, then the Court 01 Chancery, lunatic, cfcc. shall be the protector of such settlement, in lieu of the person who is such lunatic or idiot, or of unsound mind, as aforesaid ; or, if any person, protector of a settlement, be con- victed of treason or felony ; or, if any person not being the owner 846 Cap. 83. Assurance of Estates Tail. 22 Vict, owner of a prior estate under a settlement, be protector of such settlement, and be an infant ; or, if it be uncertain whether such last mentioned person be living or dead ; then the Court of Chancery shall be the protector of such settlement, in lieu of the person convicted as aforesaid, or of the person who is an infant, or whose existence cannot be ascertained as afore- said ; or, if any settlor entailing lands declares, in the settle- ment by which the lands are entailed, that the person who, as owner of a prior estate under such settlement, would be entitled to be protector of the settlement, shall not be such protector, and shall not appoint any person to be protector in his stead, then, the said Court of Chancery shall, as to the lands in which such prior estate is subsisting, be the pro- tector of the settlement during the continuance of such estate ; or if, in any other case there be subsisting under a settlement an estate prior to an estate tail under the same settlement, and such prior estate be sufficient to qualify the owner thereof to be protector of the settlement, and there happens at any time to be no protector of the settlement as to the lands in which the prior estate is subsisting, the said Court of Chancery shall, while there is no such protector, and the prior estate is subsisting, be the protector of the settlement as to such lands. 9 Y. c. 11, s. 21,-9 V. c. 10, s. 1. Where there is S4:. If at the time when any person, actual tenant in tail coM°ent requi'-* °^ lands under a settlement, but not entitled to the remainder site to enable att or reversion in fee immediately expectant on the determination ^''l^^i' !^"„™,« of his estate tail, is desirous of making under this Act a in tail to create . . r , ' , , ■■,-,, ° i /. a larger estate disposition ol the lands entailed, there be a protector ol than a base fee. gyp^ settlement, then the consent of such protector shall be re- quisite to enable such actual tenant in tail to dispose of the lands entailed to the full extent to which he is hereinbefore authorized to dispose of the same ; but such actual tenant in tail may, without such consent, make a disposition under this Act of the lands entailed, which shall be good against all per- sons who, by force of any estate tail vested in or which might be claimed by, or which but for some previous act or default would have been vested in or might have been claimed by, the person making the disposition at the time of his making the same, shall claim the lands entailed. 9 V. c. 11, s. 22. Where a base ®«5. Where an estate tail has been converted into a fee and a pro- ^jj^gg fgg j^ such case, SO long as there is a protector of the Ipptor ills coti'* ^"^ ^ sentrequisiieto settlement by which the estate tail was created, the consent ihe exercising gf ^ach protector shall be requisite to enable the person who dispo^?tioa. would have been tenant of the estate tail if the same had not been barred, to exercise, as to the lands in respect of which there is such protector, the power of disposition hereinbefore contained. 9 V. c. 11, s. 23. The protector 26. Any device, shift, or contrivance by which it is o be subject attempted to control the protector of a settlement in giving his 1859. Assurance of Estates J'ail. Cap. 83. gj'r his consent, or to prevent him in any way from using his absolute to no control discretion in regard to his consent, and also any agreement jj}.[|^®®=^^''°i^« entered into by the protector of a settlement to withhold his con- consent°ng." sent, shall be void ; and the protector of a settlement shall not be deemed to be a trustee in respect of his power of consent ; and a Court of Equity shall not control or interfere to restrain the exercise of his power of consent, nor treat his giving consent as a breach of trust. 9. V. c. 11, s. 24. 37 The rules of equity in relation to dealings and trans- Certain mies of actions between the donee of a power and any object of the ^^i^j'y °°t '<> power in whose favour the same may be exercised, shall not be "hlprofe^or" held to apply to dealings and transactions between the protector ?"'' ^ tenant of a settlement and a tenant in tail under the same settlement, '° upon the occasion of the protector giving his consent to a dispo- sition by a tenant in. tail under this Act. 9 V. c. 11, s. 25. 28. When a tenant in tail of lands under a settlement a voidable es- has akeady created in such lands, or any of them, a voidable t^'ebyai?"^"' estate in favour of a purchaser for valuable consideration, of a purchaser and afterwards, under this Act, by any assurance other confirmed by 9. SUuSCQUSHt than a lease not requiring inrolment, makes a disposition disposition of of the lands in which such voidable estate has been created, ^"^'"'^°^"'!" or any of them, such disposition, whatever its object may Act, but not be, and whatever may be the extent of the estate intended ^Pf"*' a pur- to be thereby created, shall, if made by the tenant in tail noiil-e. with the consent of the protector (if any) of the settlement, or by the tenant in tail alone, if there be no such protector, have the effect of confirming such voidable estate in the lands thereby disposed of to its full extent as against all persons except those whose rights are saved by this Act ; but if, at the time of making the disposition, there be a protector of the settlement, and such protector does not consent to the disposi- tion, and the tenant in tail be not without such consent capable under this Act of confirming the voidable estate to its full extent, then such disposition shall have the effect of con- firming such voidable estate so far as such tenant in tail would then be capable under this Act of confirming the same without such consent ; But if such disposition be made to a purchaser for valuable consideration, not having express notice of the voidable estate, then and in such case the voidable estate shall not be confirmed as against such purchaser and the persons claiming under him. 9 V. c. 11, s. 26. 39. If a base fee in any lands, and the remainder or Base fees when reversion in fee in the same lands, were on the eighteenth day j^'iediltere-^ of May, one thousand eight hundred and forty-six, or at any versions en- time since have been or after this Act takes effect are united in 'Q^befn^'^Sers- the same person, and at any time after this Act takes efi'ect ed. there be no intermediate estate between the base fee and the remainder or reversion, then the base fee shall not merge, but shall be ipso facto enlarged into as large an estate as the tenant in 848 Cap. 83. Assurance of Estates Tail. 22 Vict. in tail, with the consent of the protector, if any, might have created by any disposition under this Act if such remainder or reversion had been vested in any other person. 9 V. c. 11, s. 27. Tenant in tail may make a disposition by Deed but not by Will or Con- tract, and if a married woman with her hus- band's concur- Every assur- an 36 by a te- nant in tnil, ex- cept a lease not •exceeding 21 years or not exceeding 12 months at a rack-rent, or five-sixths of a rack-rent, to be inoperative imless regis- tered within six months. 3®. Every disposition of lands under this Act by a tenant in tail thereof shall be effected by some one of the assurances (not being a will) by which such tenant in tail could have made the disposition if his estate were an estate at law in fee simple absolute ; but no disposition by a tenant in tail shall be of any force, either at law or in equity, under this Act, unless made or evidenced by deed ; and no disposition by a tenant in tail rest- ing only in contract, either express or implied, or otherwise, and whether supported by a valuable or meritorious consideration or not, shall be of any force at law or in equity under this Act, notwithstanding such disposition be made or evidenced by deed ; and, if the tenant in tail making the disposition be a married woman, the concurrence of her husband shall be necessary to give effect to the same ; and any deed which may be executed by her for effecting the disposition shall be acknow- ledged by her as hereinafter directed. 9 V. c. 11, s. 28. 31. No assurance by which any disposition of lands shall be effected under this Act by a tenant in tail thereof (except a lease for any term not exceeding twenty-one years, to commence from the date of such lease, or from any time not exceeding twelve months from the date of such lease, where a rent is thereby reserved, which, at the time of granting such a lease, shall be rack-rent, or riot less than five sixth parts of a rack-rent,) shall have any operation under this Act unless it be registered in the Registry Office of the county or counties (or of the junior County or Riding of a County or Counties or of a City or Cities having a separate Registry Office established therein) wherein the lands referred to lie, within six months after the execution thereof. 9 V. c. 11, s. 29, — 22 V. c. 95, s. 1. Consent of 33. The consent of the protector of a settlement to the dis- £y°t'hesame or position Under this Act of a tenant in tail, shall be given either a distinct Deed, by the Same assurance by which the disposition is effected, or by a deed distinct from the assurance, and executed either on or at any time before the day on which the assurance is made, otherwise the consent shall be void. 9 V. c. 1 1, s. 80. If by distinct 33. If the protector of a settlement gives his consent to the deemed" un- disposition of a tenant in tail by a distinct deed, it shall be qualified unless considered that such protector has given an absolute and un- otherwise ex- qualified consent, unless in such deed he refers to the pai'- ticular assurance by which the disposition is effected, and con- fines his consent to the disposition thereby made. 9 V. c. 11, s. 31. pressea. 34. 1859. Assurance of Estates Tail. Cap. 83. §49 34. The projector of a settlement, who, under this Act, has Protector not given his consent to the disposition of a tenant in tail, shall not 'ofejokehis revoke such consent. 9 V. c. ll,s. 32. consen . S5. Any married woman, being either alone or jointly a married with her husband, protector of a settlement, may, under this woman pro- Act, in the same manner as if she were a feme-sole, give her ''^^""^' consent to the disposition of a tenant in tail. 9 V. c. 11, s. 33. 36. The consent of a protector to the disposition of a consent by tenant in tail shall, if given by a deed distinct from the assur- distinct Deed ance by which the disposition is effected by the tenant in regfstere?with tail, be void, unless such deed be registered in the Registry or before as- Office of the county or counties wherein the lands referred to ^"''*"'=®- lie, either at or before the time of the registry of the assurance. 9 V. c. 11, s. 34. Sy. In cases of dispositions of lands under this Act by courts of tenants in tail thereof, and also in cases of consents by protectors ^qui'y exclud- of settlements to dispositions of lands under this Act by tenants any effeet^to™^ in tail thereof, the jurisdiction of Courts of Equity shall be al- dispositions in together excluded, either on the behalf of a person claiming for ^'' ''' a valuable or meritorious consideration, or not, in regard to the specific performance of contracts and the supplying of defects in the execution either of the powers of disposition given by this Act to tenants in tail, or of the powers of consent given by this Act to protectors of settlements, and the supplying under any circumstances of the want of execution of such powers of dis- position and consent respectively, and in regard to giving effect in any other manner to any act or deed by a tenant in tail or protector of a settlement, which, in a court of law, would not be an effectual disposition or consent under this Act ; and no disposition of lands under this Act by a tenant in tail thereof, in equity, and no consent by a protector of a settlement to a disposition of lands under this Act, by a tenant in tail thereof, in equity, shall be of any force, unless such disposition or con- sent would, in case of an estate tail at law, be an effectual dis- position or consent under this Act in a Court of Law. 9 V. c. 11, s. 35. 38. In every case in which the Court of Chancery is wiienthe the protector of a settlement, such Court while protector of oe°r"'^L°a'v*M>n"-' such settlement, shall, on the motion or petition in a summary sent to a dis- way, by a tenant in tail under such settlement, have full power fg°nant'in''t^ai? to consent to a disposition, under this Act, by such tenant in and to make tail ; and the disposition to be made bv such tenant in tail upon such orders as / . *.. /• 'i"!!!! 1 1 siiall be tnougtil such motion or petition as atoresaid, shall be such as may be necessary. approved of by the said Court, and the said Court may make such orders in the matter as may be thought necessary ; and if such Court, in lieu of any such person as aforesaid, be the pro- tector of a settlement, and there be any other person protector of the same settlement jointly with such person as aforesaid, BBB then 850 Cap, 83. Assurance of Estates Tai.. 22 "Vict. then and in every such case the disposition by the tenant in tail, though approved of as aforesaid, shall not be valid, unless such other person, being protector as aforesaid, consents thereto in the manner in which the consent of the protector is by this Act required to be given. 9 V. c. 11, s. 36. Order of the Court of Chan- cery to be evidence of consent. 39. eery is In every case in which the said Court of Chan- the protector of a settlement, no document or instru- ment, as evidence of the consent of such protector to the disposition of a tenant in tail under such settlement, shall be requisite beyond the order in obedience to which the disposi- tion has been made. 9 V. c. 11, s. 37. The purchase 40. Lands to be sold, whether freehold or leasehold, or money ofiands of any Other tenure, where the money arising from the sale soldTto be^ thereof is subject to be invested in the purchase of lands entailed, how to be settled, SO that any person, if the lands were purchased, to be invested, .^q^^^j jj^ve an estate tail therein, and also money subject to be invested in the purchase of lands to be settled, so that any per- son, if the lands were purchased, would have an estate tail therein, shall, for all the purposes of this Act, be treated as the lands to be purchased, and be considered subject to the same estates as the lands to be purchased would, if purchased, have been actually subject to ; and all the previous cMuses in this Act, so far as circumstances will admit, shall, in the case of the lands to be sold as aforesaid being either freehold or leasehold, or of any other tenure, apply to such lands in the same manner as if the lands to be purchased with the mcmey to arise from the sale thereof were directed to be freehold, and were actually purchased and settled ; and shall, in the case of money subject to be invested in the purchase of lands to be So settled as afore- said, apply to such money in the same manner as if such money were directed to be laid out in the purchase of freehold lands, and such lands were actually purchased and settled ; except that in every case, where under this clause a disposition is to be made of leasehold lands for years absolute or de- terminable, so circumstanced as aforesaid, or of money so cir- cumstanced as aforesaid, such leasehold lands or money shall, as to the person in whose favor or for whose benefit the disposition is made, be treated as personal estate, and the assurance by which the disposition of such leasehold lands or money is effected shall be an assignment by deed, which shall have no operation under this Act unless registered in the Registiry Office of the county or counties wherein the lands therein referred to lie, within six months after the execution thereof. 9 V. c. 11, s. 49. A married Wo '^^ ■ ^ uiarried woman may in every case except that of man vi^ith her being tfenant in tail, for which provision is alre'ady made by this husband's con- j^^t ^y deed, release or extinguish any power which maybe ves- currencCj may i.*^!.-, i ii .-^^ t t* i y,. release and ex- ted in, or limited or reserved to her in regard of any lands of any tinguish pow- tenure, or any such money as aforesaid, or in regard to any estate 1859. Assurance of Estates Tail. Cap. 83. ^5] estate in any lands of any tenure, or in any such money as ers as a feme- aforesaid, as fully and effectually as she could do if she were a ^"'*- feme-sole ; except that no such dispositi* :a, release, surrender or extinguishment, shall be valid and effectual, unless the hus- band concur in the deed by which the same is effected, nor unless the deed be acknowledged by her as hereinafter directed. 9V.C. 11, s. 50. 43. The powers of disposition given to a married woman by po^ers. of dis- this Act shall not interfere, with any power which, independently position given' of this Act, may be vested in or limited or reserved to her, so womTnb'^fhi as to prevent her from exercising such power in any case, Act, not to in- except so far as by any disposition made by her under this Act '(f,jfCT®^'"^'"'y she may be prevented from so doing in consequence of such ° ^ p°"*^'^"- power having been 'suspended or ex,tinguished by such dis- position. 9 V. c. 11, s. 51. 43. Every deed to be executed by a ; married woman for Every Deed by any of the purposes of this Act, except such as may be executed ^ "^^■■"«' ™'"'j^^^^'°' he claims, to be paid to him, on affidavit shewing the amount estaiYfor pay- trtily due on each incumbrance, if any, the owner of such in- cuttibrance, andhis residence as far as known to such party, and also on proof of the due service of a notice on each incum- brancer, of the intention to make the application, at least ten days ment. «64 Cap. 86. Partition and Sale of Real Estate. 22 Vict. days previous thereto, such service to be personal, or on a grown up pers9n at the residence of the incumbrancer, if residing in this Province, and if residing out of this Province, such service to be personal thirty days previously, or by publish- ing the nolice once a week for four weeks in the Canada Gazette. 20 V. c. 65, s. 22. Hearing and S9. Upon such appliqation, and proof of notice being faTn°ing amount S^^^^) ^^^ Court shall proceed to hear the allegations and proofs of incumbran- of the parties, and after the amount of incumbrances has been men^"he'reof. ascertained, shall order a distribution of the moneys so brought into and remaining in Court, among the several parties having such incumbrances, according to the priority thereof respectively and the Clerk of the Court shall procure satisfaction thereof to be acknowledged, in the form required by law, and shall cause the incumbrances to be duly satisfied or discharged of record defraying the expenses out of the moneys payable on the share or shares which were so incumbered ; but the proceedings to ascertain and value the amount of incumbrances, shall not affect or delay the paying over or investing of money to or for any party upon whose estate in the premises there does not appear to be any existing incumbrance. 20 V. c. 65, s. 23. Case of tenant in dower, by courtesy or for liie, if sale be made such te- nant shall be satisfied out of proceeds, and how. When a ma- rled woman is a party, her husband to be joined. 30. Whenever the estate of any tenant in dower or of any tenant by the courtesy or for life to the whole or to any part of the estate, has been admitted by the parties, or ascertained by the Court to be existing at the time of the order for such sale, and the person entitled to such estate has 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 of all the parties, and if a sale be ordered including such estate, ail the estate and interest of every such tenant shall pass thereby, and the purchaser, his heirs and assigns, shall hold such premises freed and discharged from all claims by virtue of the estate or interest of any 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 of the purchase money, to the person entitled to such dower or estate by courtesy or for life, as may be deemed, upon the principles applicable to life annuities, a reasonable satisfaction for such estate. 20 V. c. 65, s. 24. 31. When any married woman is a party to such pro- ceedings, the petition shall be by her and her husband, and the service or notice of such petition shall be upon her and her husband, and the judgment or decree shall be binding in such case upon her and her husband, and all claiming through her or If her claims be them; and if her claim be an incohate right of dower, then in xi'hTof dower" ^^^^ °^ ^^^^' ^^^ ^omt. shall determine the value of such right ng ower. ^^^^^^^^^ to ^^^ principles applicable to deferred annuities and survivorships, 1859. Partition and Sale of Real Estate. Cap. 86. 355 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. 20 V. c. 65, s. 25. 33. The "Real Representative" shall give notice of any sale Notice of sale to be made by him, for the same time and in the same manner ^nd report as is required by law on sales of real estate by sheriffs on execu- *^'^'®°'- tion, 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 the sales be Deed to be approved and confirmed by the Court, an order shall be made f.^'^^ ^tT directing the " Real Representative" to execute deeds' pursuant faie^eap- ^ to such sales, and such deeds so executed shall be recorded in the proved. County where the lands lie, on a memorial thereof, 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 have been named in such proceedings as parties, and against all unknown parties where notice was published as aforesaid, and against all persons claiming under or through them, and also against all incumbrancers, where the notice hereinbefore mentioned has been given to them. 20 V. c. 65, s. 26. 33. The proceeds of such sale, kfter deducting all costs, Bj^ion of pro. shall be divided among the parties whose rights and interests eeeds and pay- have been sold, in proportion to their respective rights in men t of shares" the premises, a:nd the shares of such as are of full age shall be thereof; Court paid to them by order of Court, and in the case of infants, SfrftyTte ''^" unknown or absent parties, shall bfe invested for them, in the given. name of the "Real Representative" and his successors inofSce, 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 receive any share of the moneys arising from such sale, to give security to the satisfaction of the Court, to refund the said shares, with interest thereon, in case it should thereafter appear that such party was not entitled thereto. 20 V. c. 65, s. 27. 34. All securities ^hall be taken in the name of the securities to be "Real Representative" In his own name of office as Surrogate deposited with Judge and Real Representative for such County and his sue- ^^fshaifrT' cessors in office except when directed to be taken in the name ceive and apply of any known party, and shall be delivered to and kept by ^^^^ "^^^^y^™- the Clerk of the Court, who shall receive the interest and Court. principal thereon, and shall apply or invest the same as the Court directs, and shall in each term render to the Court an account in writing under oath, of all moneys received by him and of the application thereof, and upon refusal to render such account, or a'ny misapplication of the funds, V ccc he 866 Cap. 86. Partition and Sale of Real Estate. 22 Vict. he may be proceeded against and punished for embezzling the moneys of the " Real Representative" as in ordinary cases of embezzlement of a clerk or servant. 20 V. c. 65, s. 28. investmenis to 35. All investments of moneys arising from sales shall be in certain ^^g made in Provincial or Consolidated Municipal Loan Fund debentures or - - ' — slocic only. Debentures or in Canadian Consolidated Stock, s. 29,— 22 V. c. 84, s. 1. 20 V. c. 65, Costs of pro- 3®. The Court shall apportion the costs of the proceed- ceedings, how JQg^ q^ ^j^g petition according to the respective shares and inte- tkmed and^re- rcsts of the parties known or unknown, and shall direct the covered or se- game to be paid to the petitioners, and such order shall operate as a judgment for such costs, and on a copy thereof being filed in the County Registry Office where the lands lie, shall be a charge for such proportion, against the shares representing such proportion, and execution may issue thereon as in ordinary cases of costs, and such share or interest may be sold thereon and a vn 11 d title on such sale be given to the purchaser thereof, as in the cases of sales by sheriffs in execution ; and if judgment be rendered against the petitioners for any cause, the Court shall adjudge costs against them, to be recovered as in cases of personal actions 20 V. c. 65, s. 30. Removal of proceedings by certiorari. Powers of the Court of Chan- cery when the interests are equitable lees simple. 37. The proceedings upon petition, if commenced in a County Court, may, at any time before judgment, be removed into either of the Superior Courts of Law or Equity by cer- tiorari, to be allowed by any judge of such Court, on security being given by the party applying for the certiorari, for the costs of the proceedings on petition, to the satisfaction of such judge ; and upon any final judgment, decree or order, an ap- peal may be had by any of the parties interested, in the same manner and with the same consequences as in other cases of appeal, from the decision of any Court rendering such judg- ment, decree or order. 20 V. c. 65, s. 3L 38. Where the interests in such estate are equitable fees simple, the Court of Chancery alone shall have the same powers, upon petition or bill filed in that Court, to act there- upon, as are hereby given to the Courts of Law and Equity in other cases, and the same notices Shall be given, served, pub- lished and verified, guardians of minors appointed, and the same rules apply as to parties, and the like proceedings be had, as hereinbefore directed. 20 V. c. 65, s. 32. Statement to 39. In the month of January of every year, the Clerk of the vea^-iy 'by*'' Court having the custody of any bonds, mortgages or investments cierksofCourts arising from sales of such estates, for the benefit of any un- ha^d°amrun- ^nown, absent, infant or lunatic parties, where no claim has claimed. been made on their behalf for any interest or principal of such investments during the preceding year, shall cause to be pub- lished in the Canada Gazette, and in one newspaper in the County 1859. Partition and Sale of Real Estate. Cap, 86, 87, §67 County in which such lands are situate, weekly, for the period of four weeks, a statement of the securities or invcstmenis re- maining unclaimed, showing the name of the intestate party, the amount unclaimed, and the property from which the claim has arisen, and such statement siiall be verified by the Clerk, and a copy thereof be filed among the records of the Court. 20 V. c. 65, s. 33. 4©. In all cases of partition and sale of estates of joint The Court ol tenants, tenants in common and coparceners, the Court of Chan- Cham-ery to eery shall also possess the same jurisdiction as by the laws of powers as the England, on tiie tenth of August, one thousand eight huudced ^™''' ofChan- and fifty, were possessed by the Court of Chancery in England. S '" '"^" 13, 14 V. c. 50, s. 4. 41. Any partition or sale made by the Court of Chancery, Partition or shall be as effectual for the apporlioning or conveyina: away cf !?'® ^y J*!?, , xi J. 1. • ^ ..r -J -c,"!.- Court of Chan the estate or interest oi any married woman, iniant or lunatic, eery to be as party to the proceedings by which the sale or partition has been y''*^ as.'f by made or declared, as of any person competent to act for himself, ^ ^^ '**' and an office copy of any Decree, Order or Report for a partition or sale shall be sufficient evidence in all Courts, of the partition declared thereby and of the several holdings by the parties of the shares allotted to them. 13, 14 V. c. 50, s. 4. 43. The Judges of the Superior Courts of Common Law courts to make and the Court of Chancery., respectively, shall make such tariff" tarifis, rules. of fees and rules and orders, for the proceedings on petitions at Law and in Equity, as they shall deem expedient and ad- visable. 20 V. c. 65, s. 34. CAP. LXXXVII. An Act respecting Mortgages of Real Estate. HER Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows : 1. Anymortgageeoffreehold orleasehold property, oranyAssig- Mortgagee of nee of such Mortgagee, may take and receive from the Mort- ^'I^^^^^^^clv gagor or his Assignee, a release of the equity of redemption in receive release, such property, or may purchase the same under any power of '^''j'^^"of"debt sale in his Mortgage, or any judgment or decree, without there- ° by merging the Mortgage debt as against any subsequent Mort- gagee or registered judgment Creditor having a charge on the same property. 14, 15 V. c. 45, s. 1. 3. In case any such prior Mortgagee or his Assignee, takes a wbenpnor release of the equity of redemption of the Mortgagor or his ^ke'^XaStf Assignee in such Mortgaged property, or purchases the same equiiy ofre- under any power of sale in his Mortgage, or any judgment or dempuon, &c, ccc2 decree, 863 Cap. 87, 88. Mortgages of Real Estate. 22 Vict: subsequent decree, no subsequent Mortgagee or his Assignee, or registered '^^Jded°i7th°e- judgment Creditor, shall be entitled to foreclose or sell such pro- close or sell pro- perty without redeeming Or Selling subject to the rights of such perty without pj-^^^ Mortgasfce Or his Assis:nee, in the same manner as if such redeeming, (tec. r. .^ ° ° ,..? ii , -j i. prior Mortgagee or his Assignee had not acquired such equity of redemption. 14, 15 V. c. 45, s. 2. Priority of 3. This Act shall not affect any priority or claim which any mortgage and Mortgagee or judgment Creditor may have under the registry regfstoAct"not laws. 14, 15 V. c. 45, s. 3. to be affected. In proceedings 4. On any proceeding for foreclosure by, or for redemption tm- loreciosure, against an Assignee of a Mortgagee, the statement of the Mort- moi-'tgage ac- gage account, under the oath of such Assignee, shall be suffi- count may be cient prvmdfacie evidence of the state of such account, and no facie, by'state- affidavit or oath shall be required from the Mortgagee or any mentonoatfa intermediate Assignee denying any payment to such Mortga- mortgage. ° gee or intermediate Assignee, unless the Mortgagor or his Assi- gnee, or the party proceeding to redeem, denies the correct- ness of such statement of account by oath or affidavit. 14, 15 V. c. 45, s. 4. Executors of 5. When any person entitled to any freehold or leasehold ga^eerm'"""^'" ^^^'^ ^y Way of Mortgage, has departed this life, and his exe- convey or re- cutor or administrator is entitled to the money secured by the lease the lands Mortafage, or has assented to a bequest thereof, or has assigned mortgaged in , ,9 o ' , , , ^ , . . ' . p , A certain cases, the Mortgage debt, such executor or administrator, li the Mort- gage money was paid to the testator or intestate in his lifetime, or on payment of the principal money and interest due on the said Mortgage, may convey, release and discharge the said Mortgage debt, and the legal estate in the land; and such executor or administrator shall have the same power as to any portion of the lands, on payment of some part of the Mortgage debt, or on any arrangement for exonerating the whole or any part of the Morgaged lands without payment of money, and such conveyance, release or discharge shall be as effectual as if the same had been made by the person having the legal estate. 14, 15 V. c. 7, s. 8. CAP. LXXXVIII. An Act respecting the limitation of Actions and Suits relating to Real Property, and the time of prescrip- tion in certain cases. HER Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows : No land or rent 1- No person shall make an entry or distress, or bring, an to_be covered action to recover any land or rent, but within twenty years next after 1859. Limitation of Actions, SfC.—Real Property. Cap. 88. gfjg after the time at which the right to make such entry or distress, but within or to bring such action, shall have first accrued to some person i][er the'S^ht through whom he claims; or if such right shall not have of action ac- accrued to any person through whom he claims, then within T'-'"'' '? *^ ^ J r 1 • I'll -1 1 claimant or twenty years next alter the time at which the right to make some person such entry or distress, or to bring such action, shall have first .^'^'f^. '^^^^^ accrued to the person making or bringing the same. 4 W. 4, ' c. 1, s. 16. 2. In the construction of this Act, the right to make an entry tff^^^ the right or distress, or bring an action to recover any land or rent, shall shall be deemed be deemed to have first accrued at such time as hereinafter is cru'S™'^'^^'^"' mentioned : 4 W. 4, c. 1, s. 17. 1. When the person claiming such land or rent, or some ondisposses- person through whom he claims, shall, in respect of the estate sion. or interest claimed, have been in possession or in the receipt of the profits of such land, or in receipt of such rent, and shall, while entitled thereto, have been dispossessed, or have discon- tinued such possession or receipt, then such right shall be deemed to have first accrued at the time of such dispossession or discontinuance of possession, or at the last time at which any such profits or rent were or was so received ; 4 W. 4, c. 1, s. 17. 2. When the person claiming such land or rent claims the On abatement estate or interest of some deceased person who shall have of death, continued in such possession or receipt, in respect of the same estate or interest, until the time of his death, and shall have been the last person entitled to such estate or interest who shall have been in such possession or receipt, then such right shall \ be deemed to have first accrued at the time of such death ; 4 W. 4, c. 1, s. 17. 3. When the person claiming such land or rent claims Alienation. in respect of an estate or interest in possession, granted, ap- pointed, or otherwise assured by any instrument other than a will, to him or some person through whom he claims, by a person being in respect of the same estate or interest, in the possession or receipt of the profits of the land, or in receipt of the rent, and no person entitled under such instrument shall have been in possession or receipt, then such right shall be deemed to have first accrued at the time at which the person claiming, as aforesaid, or the person through whom he claims, became entitled to such possession or receipt by virtue of such instrument ; 4 W. 4, c. 1, 17. 4. When the estate or interest claimed shall have been an jncaseof fu- estate or interest in reversion or remainder, or other future ture estates. estate or interest, and no person shall have obtained the possession or receipt of the profits of such land, or the receipt of such rent, in res])ect of such estate or interest, then such right 870 Cap. 88. Limilation of Actions, Sfc. — Real Property. 23 Vict. Forfeiture or breach of con- ditioa. right shall be deemed to have first accrued at the time at which such estate or interest became an estate or interest in pes- , session; 4 W. 4, c. 1, s. 17. 5. When the person claiming such land or rent, or the person through whom he claims, shall have become entitled, by reason of any forfeiture or breach of condition, then such right shall be deemed to have first accrued when such for- feiture was incurred or such condition broken. 4 W. 4, c. 1, s. 17. liands ffranted by the Crown and not cuL- livated or im- proved. 3. In the case of lands granted by the Crown of which the grantee, his heirs or assigns by themselves, their servants or agents have not taken actual possession by residing upon or cultivating some portion thereof, and in case some other per- son not claiming to hold under such grantee has been in posses- sion of such land, such possession having been taken while the land was in a state of nature, then unless it can be shewn that such grantee or such person claiming under him while en- titled to the lands had knowledge of the same being in the actual possession of such other person, the lapse of twenty years shall not bar the right of such grantee or any person claiming under him to bring an action for the recovery of such land, but the right to bring such action shall be deemed to have ac- crued from the time that such knowledge was obtained. 4 W. 4, c. 1, s. 17. Where advant- age or forleitn re is not taken by remainder man, he shall have a new right when his estate comes JDle possession. 4. When any right to make an entry or distress, or to bring an action to recover any land or rent, by reason of any forfeiture or breach of condition, shall have first accrued in respect of any estate or interest in reversion or remainder, and the land or rent shall not have been recovered by virtue of such right, the right to make an entry or distress, or bring an action to recover such land or rent, shall be deemed to have first accrued in respect of such estate or interest at the time when the same shall have become an estate or interest in possession, as if no such forfeiture or breach of condition had happened. 4 W. 4, c. 1, s. 17. Bcversioner to have a new light. 3. The right to make an entry or distress, or to bring an action to recover any land or rent, shall be deemed to have first accrued in respect of an estate or interest in reversion, at the time at which the same shall have become an estate or interest in possession, by the determination of any estate or estates in respect of which such land shall have been held, or the profits thereof or such rent shall have been received, not- withstanding the person claiming such land, or some persoil through whom he claims, shall, at any lime previously to the creation of the estate or estates which shall have determined, have been in possession or receipt of the profits of such land, or in receipt of such rent. 4 W. 4, c. 1, s. 17. 6. 1859. Limitation of Actiomt, Src— Real Property. Cap. 88. gyj 6. For the purposes of this Act, an administrator claiming An adminisira- the estate or interest of tl;e deceased person of whose chattels !°!' »° ^'aim as he shall be appointed administrator, shall be deemed to claim JfaJtstie wUh- as if there had been no interval of time between the death of °"' ifiervai such deceased person and the grant of the letters of adminis- dece^ed"" °' tration. 4 W. 4, c. 1, s. 18. 7. When any person shall be in possession or in receipt of jn the case ofa the prorus of any land, or in receipt of any rent, as tenant at 'euant at Wiit, will, the right of the person entitled subject thereto, or of the te'defirifw person through whom he claims, to make an entry or distress, "^ve accrued orto bring an action to recover such land or rent, shall be deemed one'^yetr^ °^ to have first accrued either at the determination of such tenancy, or at the expiration of one year next after the com- mencement of such tenancy, at which time such tenancy shall be deemed to have determined. 4 W. 4, c. 1, s. 19. 8. No mortgagor or cestui que trust shall be deemed to be Caseofmort- a tenant at will within the meaning of the last clause of this &agoror«segan Our said Lady the Queen, Her Heirs or Successors, or being yea^ agT. ^"^ the property of any Ecclesiastical or Lay person or body cor- porate, when such way or other matter as herein last before men- tioned shall have been actually enjoyed by any person claiming right thereto without interruption for the full period of twenty years, shall be defeated or destroyed by shewing only that such way or other matter was first enjoyed at any time prior to the period of twenty years, but nevertheless, such claim may be defeated in any other way by which the same is now liable to be defeated, and where such way or other matter as herein But otherwise last before mentioned shall have been so enjoyed as aforesaid '' '^^ ^'ears. for the full period of forty years, the right thereto shall be deemed 878 Cap. 88. Limitation of Actions, SfC. — Easements. 22 Vict. deemed absolute and indefeasible unless it shall appear that the same was enjoyed by some consent or agreement expressly given or made for that purpose by deed or writing. 10, 11 V- c. 5, s. 2. Access and use S8. When the access and use of light to or for any for'lfVears^'^'' ^^welling house, workshop, or other building shall have been indefeasible. actually enjoyed therewith for the full period of twenty years without interruption, the right thereto shall be deemed absolute Exception. and indefeasible, unless it shall appear that the same was enjoyed by some consent or agreement expressly made or given for that purpose by deed or writing. 10, 11 V. c. 5, s. 3. How the terms 39. Each of the respective periods of years in the last three ated and what' preceding Sections mentioned shall be deemed and taken to be acts only shall the period next before some suit or action wherein the claim or be an interrup- jj^jiner to which such period may relate, shall have been or shall tion to the . r. •' ' , ,, , prescription, be brought mto question ; and no act or other matter shall be deemed an interruption within the meaning of the said three sections, unless the same shall have been, or shall be, submitted to or acquiesced in for one year after the party interrupted shall have had or shall have notice thereof, and of the person making or authorizing the same to be made. 10, 11 V. e 5, s. 4. What allega- tion by the party claiming shall be snffi- cient. What proof admitted lor or against such allegation. 40. In all actions upon the case, and olher pleadings wherein the party claiming may now by law allege his right generally without averring the existence of such right from time immemorial, such general allegation shall still be deemed sufficient, and if the same shall be denied, all and every tbe matters in the four next preceding sections of this Act mentioned and provided which shall be applicable to the case shall be ad- missible in evidence to sustain or rebut such allegation ; and in all pleadings to actions of trespass, and in all other pleadings wherein it would formerly have been necessary to allege the right to have existed from time immemorial, it shall be sufficient to allege the enjoyment thereof as of right by the occupiers of the tenement in respect whereof the same is claimed for and during such of the periods mentioned in this Act as may be applicable to the case, and without claiming in the name or right of the owner of the fee as was usually done ; and if the other party shall intend to rely on any proviso, exception, incapacity, disability, contract, agreement or other matter hereinbefore mentioned, or on any cause or matter of fact or of law, not inconsistent with the simple fact of enjoy- ment, the same shall be specially alleged and set forth in answer to the allegation of the party claiming, and shall not be received in evidence on any general traverse or denial of such allegation. 10, 11 V. c. 5, s. 5. Nopresump- 41. In the several cases mentioned in and provided for on" raoi'of''''' ^y ^^^® Act, of claims to lights, ways, water courses or Other enjoyment for easements, no presumption shall be allowed Or made in favor or 1859. Lim. of Actions, Sfc. — Disabilities— Exceptions. Ca.p. 88. gy^ or support of any claim upon proof of the exercise or enjoy- a less period ment of the right or matter claimed for any less period of time |J^"", P''^°ribed or number of years than for such period or number mentioned in this Act as may be applicable to the case and to the nature of the claim. 10, 11 V. c. 5, s. 6. DISABILITIES AND EXCEPTIONS. 1. — In cases of Easements. 43. The time during which any person otherwise capable xime durin of resisting any claim to any of the matters mentioned in the whichaparty thirty-sixth to the forty-first preceding sections of this Act, mav '^°"''' "°' act .-'.j.^.j.. ■' i^ p. J- , ' ^•' not to be com- be an miant, idiot, 7i07i compos mentis, feme-covert., or tenant for puted against life, or during which any action or suit shall have been pending, '''™' and which shall have been diligently prosecuted until abated by the death of any party or parties thereto, shall be excluded in the computation of the period hereinbefore mentioned, except only in cases where the right or claim is thereby declared to be absolute and indefeasible. 10, 11 V. c. 5, s. 6. 43. When any land or water upon, over or from which any Terms of years, such way or other easement, water-course or run of water shall &c., excluded ' have been or shall be enjoyed or derived, or may be held under J™!"; n cert am' or by virtue of any term of life or any term of years exceeding cases. three years from the granting thereof, the time of the enjoyment of any such way or other matter as herein last before mentioned during the continuance of such term shall be excluded in the computation of the said period of forty years, in case the claim shall within three years next after the end, or sooner determination of such term, be resisted by any person entitled to any reversion expectant on the determination thereof. 10, 11 V. c. 5, s. 7. 44. Nothing in the thirty-sixth to the forty-first sections of Exception as to this Act shall support or maintain any claim to any profit or !»"<'« °*'"3e benefit to be taken or enjoyed from or upon any land of Our ^,™TCyed°and ''^ Sovereign Lady the Queen, Her Heirs and Successors, or to any laid out. way or other easement, or to any water-course or the use of any water to be enjoyed or derived upon, over or from any land or water of Our said Lady the Queen, Her Heirs and Successors, unless such land, way, easement or water-course or other matter shall lie aud be situate within the limits of some town or town- ship, or other parcel or tract of land duly surveyed and laid out by proper authority. 10, 11 V. c. 5, s. 8. 2. — In cases of Land or Rent. ' 45. If at the time at which the right of any person to make an persons under entry or distress, or to bring an action to recover any land or rent, disability ot in- shall have first accrued, as hereinbefore mentioned, such person ^covenlreT7' shall have been an infant under coverture, an idiot, lunatic, of absence from unsound mind or absent from Upper Canada, then such person, ana^heiVrepre- or the person claiming through him, may, notwithstanding the sentaiives to be period of twenty years hereinbefore limited shall have expired, yllai!^'irom"he make an entry or distress, or bring an action to recover such termination of land S80 Cap. 88. Lim, of Actions, ^c. — Disabilities — Except. 22 Vict. their disab.ijity land Or rent, at any time within ten years next after the time at or death. -which the person to whom such right shall have first accrued, as aforesaid, shall have ceased to be under any such disability, or shall have died, (which shall have first happened.) 4 W. 4, c. 1, s. 28. But no action," 4S. But no entry, distress or action, shall be made or broughrtorfy brought by any person who, at the time at which his right to years after the make an entry or distress, or to bring an action to recover any land or rent, shall have first accrued, shall be under any of the disabilities hereinbefore mentioned, or by any person claiming through him, but within forty years next after the time at which such right shall have first accrued, although the person under disability at such time may have remained under one or more of such- disabilities during the whole of such forty years, or although the term of ten years from the time at which he shall have ceased to be under any such disability, or have died, shall not have expired. 4 W. 4, c. 1, s. 29. right of action accrued No further time to be allowed lor a succession of disabilities. 47. When any person shall be under any of the disabilities hereinbefore mentioned, at the time at which his right to make an entry or distress, or to bring an action to recover any land or rent, shall have first accrued, and shall depart this life without having ceased to be under any such disability, no time to make an entry or distress, or to bring an action to recover such land or rent beyond the said period of twenty years next after the right of such person to make an entry or distress, or to bring an action to recover such land or rent, shall have first accrued, or the said period of ten years next after the time at which such person shall have died, shall be allowed by reason of any dis- ability of any other person. 4 W. 4, c. 1, s. 30. When the right 48. When Ihe right of any person to make an entry or to an estate m distress, or to bring an action to recover any land or rent to which possession is i i ■ i i c • barred the right he may have been entitled tor ah estate or mterest m possession, of the same shall havc been barred by the determination of the period, hereinbefore limited, which shall be applicable in such case, and such person shall, at any time during the said period, have been entitled to any other estate, interest, right or possibility, in reversion, remainder or otherwise, in or to the same land or rent, no entry, distress or action, shall be made or brought by such person, or any person claiming through him, to recover such land or rent in respect of such other estate, interest, right or possibility, unless in the mean time such land or rent shall have been recovered by some person entitled to an estate, interest or right, which shall have been limited or taken effect after or in defeasance of such estate or interest in possession. 4 W. 4, c. 1, s. 31. persons to fu- ture estates shall also be barred. INTEKPRETATION CLAUSE. Interpretation. 49. The words and expressions in this Act mentioned, which in their ordinary signification have a more confined or a different \S59, Limitation of Actions, Sj-c. — Real Property. Cap. 88, 89. ggl different meaning, shall in this Act, except where the nature of the provision or the context of the Act shall exclude such con- struction, be interpreted as follows, that is to say : the word " land," shall extend to messuages, and all other hereditaments, whether corporeal or incorporeal, and to money to be laid out in the purchase of land, (and to chattels and other personal property transmissible to heirs,) and also to any share of the same here- ditaments and properties, or any of them, and to any estate of inheritance, or estate for any life or lives, or other estate trans- missible to heirs, and to any possibility, right or title of entry or action, and any other interest capable of being inherited, and whether the same estates, possibilities, rights, titles and interests, or any of them, shall be in possession, reversion, re- mainder or contingency ; and the word " assurance, " shall mean any deed or instrument (other than a will) by which any land shall be conveyed or transferred at law or in equity ; and the word " rent,'' shall extend to all annuities and periodical sums of money charged upon or payable out of any land. 4 W. 4, c. 1, s. 59. oO. The eighteenth section of the Interpretation Act of the Section is of Upper Canada Consolidated Statutes, is not to apply to this appiy^o"this° Act, unless the context requires a construction in accordance Act. therewith. CAP. LXXXIX. An Act respecting the Registration of Deeds, Wills, Judgments, Decrees in Chancery and other Instru- ments. HER Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows : 1 . In the construction of this Act, the word " Instrument," inteipretation shall include every deed, conveyance, assurance and other in- clause, stmment whereby lands or real estate may be transferred, dis- posed of, or affected, the word " Land" shall include lands, tenements, hereditaments and real estate, the word "Will" shall include every devise whereby lands are disposed of, or affected, the word " Affidavit" shall include Affirmation, and the word " County " shall include a City, Junior County, and Riding having a separate Registry Office established therein. 9 V. c. 34, s. 10. 3. There shall be a separate Registry Office in every County A fiegistry and Union of Counties in Upper Canada, wherein at present a °^tlQ°esicii separate Registry Office is established, and whenever any County in Up- County is separated from a Union of Counties, or a new P*'' Canada. County is formed, there shall be a separate Registry Office DDD established S82 Cap. 89. Registration of Deeds, SfC. 22 Vict. Governor may, by proclama- tion, establish a registry Office in any City, Junior County or riding of a County; And appoint the place there- of in a Junior County or ilid ■ ing. All Acts in force respect- ng Registry Offices, to ap- ply to those established under this Act. Offices to be kept by regis- trars. If office incon- veniently si- tuated. Gov- ernor may re- move it. In what offices Deeds, &e., to be registered, established therein, which office shall be kept in the County Town in liite manner as in other Counties. 9 V. c. 34, s. 3, — 16 V. c. 187, ss. 4, 11,— See 14, 15 V. c. 5, s. 1, latter part, s. 2,---22 V. c. 99, s. 50. 3. In case the Governor deems the circumstances of any City, or of any Junior County of an Union of Counties, or Riding of a County or Counties not set apart for Judicial or Municipal purposes, such as to call for or render expedient and advisable the establishment therein of a separate Registry Office, he may from time to time by an Order in Council cause to be issued a Proclamation under the Great Seal of this Pro- vince, and thereby set apart and establish a Registry Office for such City or Junior County or Riding of a County or Counties, and in the case of a Junior County or Riding of a County or Counties, name some place where the Office of the Registrar shall be held until the dissolution of such Union of Couniies or the erection of such Riding into a separate County and the fixing therein of a County Town, when such Registry Office shall be removed to and kept in such County Town. 22 V. c. 95, s. 1. 4. Upon the issuing of any such Proclamation the provisions of this Act, in reference to the establishment of Registry Offices, or in connection therewith, and in reference to the registration of Deeds or other instruments affijcting real efetate shall, except in so far as the same may be inconsistent with the provisions of the last preceding section of this Act, apply to Registry Offices, so set apart and established, and the word " County " in this Act shall, for the purposes of this and the last preceding section of this Act, mean and include a City, as well as a Ju- nior County or a Riding of a County or Counties for which a separate Registry Office may be so established ; and the duties imposed upon Municipal Councils shall, in the case of such Junior County or Riding, be discharged by the Municipal Council of the Counties of which such Junior County or Riding forms part, and in the case of a City by the Municipal Council of such City. 22 V. c. 95, s. 2. 5. Every Registry Office shall be kept by a Registrar ap- pointed by the Governor. 9 V. c. 34, s. 3. 6. Whenever in any County or Union of Counties the Re- gistry Office appears to the Governor to be inconveniently situ- ated, he may by Proclamation order the same to be removed to any other place in the County. 9 V. c. 34, s. 30, — 22 V. c, 99, s. 50. 7. Until the establishment of additional Registry Offices, all Deeds, Wills and Memorials, Instruments, Judgments, Decrees and proceedings, for the Registry of which provision is by law made, may be registered in the present Offices, and with the same effect as at present. 16 V. c. 187, s. 4. 8. 18^9- Regislralion of Deeds, (^'C. Cap. ,89. gco 8. For the safe keeping of all books, records and other pa- Fire proof oi- pers belonging to the Office of Registrar, the Council in ^'^^ «"j 1 -xiir. n<^y fay be re- teredm the same manner as a Deed may be registered, lb mistered, and V. c. 187, s. 7,-18 V. c. 127, s. 5. h°w. 30. The Registrar or Deputy Registrar of the County in which The Begistrar the lands are situate, shall, upon the production to him of the jtr^meniT a"d Instrument, or Will or probate thereof, and of the Memorial and Wiiison pro- Affidavit or declaration of execution, enter the memorial in the ^ih?n"emoriail- Register Book, and shall file the memorial and affidavit or thereof duly declaration of execution, and immediately after such entry pr"^"^- shall endorse a certificate on every such Instrument or Will, or Probate thereof, and shall therein mention the certain day, hour and time on which such memorial is entered and registered, expressing also in what book, page and number the same has been entered, and the said Registrar or his Deputy shall sign the said certificate when so endorsed, which certificate shall be taken 888 Cap. 89. Registration of Deeds, ^c. 22 Vict. taken and allo\yed as evidence of such respective registries in all Courts of Record and in all other Courts in Upper Canada. 9 V. c. 34, s. 8. Register books and memorials to be numbered and date of re- gistry noted. Ttie registrar to keep alpha- beticaflistj&G., witli reference to the numbers of the memo- rials. And to enter Memorials in the same order as received. When a Deed relates to lands in several loca- lities in the same county, one memorial shall be suffi- cient. SI. Every page of the Register Book, and every memorial entered therein shall be numbered, and the day of the month and the year and hour or time of the day when registered, shall be entered in the margins of the said Register Books andjof the memorial. 9 V. c. 34, s. 8. 32. Every Registrar shall keep an alphabetical calendar of all Cities, Towns, Townships and places within the County or Counties, Riding or Ridings, with reference to the num- ber of every memorial that concerns the lands, tenements or hereditaments in such Townships or places respectively, and of the names of the parties mentioned in the me- morials; and the said Registrar shall enter the said memo- rials in the same order in which they respectively come to his hands. 9 V. c. 34, s. 8. 33. When any Deed, Will or other Instrument, embraces different lots or parcels of land situate in different localities in the same County, it shall only be necessaiy to furnish one Me- morial of such Deed, Will or other Instrument, and such Me- morial shall be copied into the Registry Book for the City, Town, Township or place in which the different parcels or lots of land are situate, in the same manner and to the same extent only as if a separate Memorial had been furnished in relation to the lands situate within each such City, Town, Township orplace respectively, and the Registrar shall make the neceSsary Entries and Certificates accordingly. 16 V. c. 187, s. 5. Registrar to re- 34. A Sheriff's Deed made under authority of Law, of land gjster Sheriff's gold for taxcs before the first day of January one thousand eight so1dfor*taxes hundred and fifty-one, may be registered upon the certificate of before 1st Jan., the Sheriff under his hand and seal of office, statins: the name of the purchaser, the sum paid, the number of acres sold, the lot or tract of which they form a pari, and the date of the Sheriffs Deed, and such certificate may comprise a S"chedule of any number of such Deeds, and the Registrar shall receive such certificate from the Sheriff' in place of a memorial, and shall, on production of the Sheriff's Deed, enter on record a'transcript thereof which shall be deemed sufficient registry. 16 V. c. 182, s. 66,-6 G. 4. c. 7, s. 19. On what evi- 35. A Sheriff's Deed of land sold for taxes after the last dence Sherifl's above mentioned day, may be registered upon the like certifi- soid for taxes c^te given by the Sheriff to the purchaser signed and sealed by the Sheriff' as above provided, and containing the above men- tioned particulars, which certificate shall be deemed a memo- rial, and the Registrar upon the production of such certificate and the Deed, shall register the same and grant a certificate of the registry. 16 V. c. 182, s. 65. 36. since the 1st Jan., 1851, to be registered. 1859. Registration of Deeds^ ^c. Cap. 89. egg 36. When any Judgment has been entered up in any suit or Ceitifieaie of actioif in a Court of record in Upper Canada, or any rule or ["''f ?"^^' '" order made by the Court of Queen's Bench or Common Pleas, how obtafned. or by a Judge thereof, or by a County Court directing the pay- ment of money other than costs, the Plaintiff or Defendant in such Action, or the party in whose favor such rule or order has been made, or his Attorney, may obtain a certificate from the Clerk of the Court in which such Judgment, rule or order has been obtained, signed by the Clerk and under the seal of the Court in the form following : " In the Court of [as the case may he,] 1 hereby cer- " tify that Judgment was entered up between A, B., Plaintiff, " and C. D., Defendant, on the day of in " a plea of for , dollars, debt (or damages) " and dollars, cost§, or that a rule or order " was made betw-een A. B., Plaintiff, and C- D., Defendant, " {stating the names of the parties and the amount and subject " matter of the order, as the case may be.) " E. F., Clerk." And for such certificate the Clerk may charge fifty cents. 9 V. c. 34, s. 13,-22 V. c. 33, s. 17, (1859.) 57. The party obtaining such certificate, or his Attorney, may Sucii certi.^cate carry the said certifi cate to the Registrar or Depu ty Registrar of the !"^5^^ ^°'*" ,. County wherein any lands lie which belong to the parly against such registra- whom such Judgment has been entered, or Ruld or Order made, ''™- and such Registrar or Deputy upon the receipt thereof, signed and sealed as aforesaid, shall register the same ; and the registay thereof shall be deemed a registry of the judgment, rule or order, for the purposes of this Act. 9 V. c. 34, ss. 13, 7, — 13, 14 V. c. 63j s. 7,-22 V. c. 33, s. 17. (1869.) 58. When any Deputy Clerk of the Crown or the Clerk of Certificates of a County Court has entered up any Judgment in either of the onhe Crown^ Superior Courts of Common Law or in any County Court (as and Clerks of the case may be,) or has issued any Rule or Order aforesaid, ^ay"^^ regi? he may give to the party on whose behalf the same has been tered ia any- entered or issued, or to his legal representative, a certificate ^°"°'^y- signed by him of such Judgment, Rule or Order, containing the like particulars as are required in certificates of Judgments, Rules or Orders given by the Clerks of the Crown and Pleas, which certificate may be registered in the registry office of any County in Upper Canada, and when registered shall have the like force and effect in binding and operating as a charge upon lands of the Judgment debtor in such County as certificates of Judgments, Rules or Orders granted by either of the Clerks of the Crown and Pleas at Toronto. 19 V. c. 90, s. 7,-19 V. c. 43, s. 15,-22 V. c. 33, s. 17, (1859.) 3®. Any party who has obtained a Judgment in ariy Divi- ceitifioates of sion Court exceeding forty dollars may, at any time after fourteen clerks o< Di^ days 890 Cap. 89. Eegutralion of Deeds, <^c. 22 Vict, vision Courts to have the same eSect. How decrees ot foreclosure, &c., shall be registered. Kegistration of decree or order for payment of money in order to bind lands. days from the day of giving judgment, obtain a certificate of such judgment from the Clerk of such Division Court, in the form used in the Superior Courts as near as circumstances will per- mit, which certificate shall, on the request of the party obtaining the same, be registered in the same manner, and on payment of the same fees to the Registrar as are paid upon certificates of the Judgments of the Superior Courts, and such registry shall bind lands to the same extent as they would have been bound had the judgment been rendered in any of the Superior Courts. 13, 14 V. c. 53, s. 58. 40. Every decree of foreclosure, and every other decree in the Court of Chancery or in any County Court affecting any title or interest in land, may, at the instance of any person, be registered in the Registry Office of the County where the land is situate, on a certificate given by the Registrar or Clerk of the Court, stating the substance and effect of such decree, and the lands affected thereby. 18 V. c. 127, s. 4. 41. Every decree or order of the Court of Chancery, or of a County Court on its equity side, ordering money, costs, charges or expenses to be paid by Instalments or otherwise to any person or to be paid into the Court, or to the credit of a cause in the Court or otherwise, may be registered in the Registry Office of the County, on the certificate of the Regi.strar, Deputy Registrar or Clerk of the Court, stating the title of the cause or matter in which the decree or order has been made, the date of the decree or order and the amount of money thereby, or by any report made in pursuance thereof, ordered or decreed to be paid, and such certificate shall be entered and recorded by the County Registrar in the same books and in the same manner as certificates of Judgments at law. 20 V. c. 56, s. 10. Courtmayron- 4'2. The Court of Chancery or a County Court on its ofthe^regfs'tra- equity side, upon being satisfied by proof that some specified tion to specified part of the real estate of a person ordered by a decree or S°t^be'suffi-' order of the Court to pay any sum or sums of money, will cient, be sufficient security for the payment of such sum or sums of money, may direct either in the same decree or order or by a subsequent decree or order, that the charge created by any such decree or order shall be confined to such part of the real estate of the person or persons so liable, and that the residue of the real estate of such person shall be unaffected by such registration, and in case such restriction is contained in the original decree or order, the Registrar's, Deputy Registrar's or Clerk's said certificate shall state the same, and if such res- triction is contained in some subsequent order, the Registrar's or Deputy Registrar's or Clerk's certificate thereof may be registered by either party. 20 V. c. 56, s. II. What only shall be deemed 43. The filing of any bill, or the taking of any proceed- ing, in the Court of Chancery in Upper Canada, or County Court 1859. Registration of Deeds, SfC. Cap. 89. 39 J Court on its equity side, in which bill or proceeding any title notice of pro- or interest in iands is brought in question, shall not be deemed chanclry'V notice of such bill or proceeding to any person not being a which title or party to such bill or proceeding, unless and until a certificate jhaTbl'caUed* given by the Registrar, Deputy Registrar or Clerk of the Court in question. to some person demanding the same, in the form mentioned in this secti^, has been registered in the Registry Office of the County in which are situate the lands of which the title or in- terest is questioned in such bill or proceeding : " I certify that in a suit or proceeding in Chancery, or in " the County Court of on its equity side {as the case " may 6e,) between A. B. and C. D., some title or interest is " called in question in the following lands, [stating them)." But no such certificate shall be required to be registered in any As to suit for suit or proceeding for foreclosure of a registered mortgage. 18 foreclosure. V. c. 127, s. 3. EFFECT OF REGISTERING, OR OMITTING TO REGISTER. 44. After any memorial has been registered, as in this Deeds not re- Act provided, every Deed and Conveyance made and executed votd*^^ agahi»t= of the lands, tenements or hereditaments, or any part thereof, subsequent comprised or contained in such memorial, shall be adjudged ^hoseSs fraudulent and void against any subsequent purchaser or mort- are registered. gagee for Valuable consideration, unless a memorial thereof be registered in the manner hereby directed, before the re- gistering of the memorial of the Deed or Conveyance under which such subsequent purchaser or niortgagee m&y claim; and every devise by Will of the lands, tenements or heredita- ments or of any part thereof, contained in any memorial re- gistered as aforesaid, made and published after the registering of such memorial, shall be adjudged fraudulent and void against a subsequent purchaser or mortgagee for valuable consideration, unless a memorial of such Will be registered in the manner herein directed ; find a memorial of any further mort- gage (whether legal or equitable) to a first tndrtg&gee, shall in like manner be registered before it can prevail against a second mortgagee of the whole or any part of the lands, tene- ments, hereditaments and premises comprised in the first mort- ' gage. 9 V. c. 34, s. 6. 45. This Act shall not extend to any lease for a term not Act not to ex- exceeding twenty-one years, where the actual possession goeth [eases. along with the lease. 9 V. c. 34, s. 18,— See Cap. 83, s. 31. 46. All Wills, or the Probates thereof, recorded within the Wilis may be space of twelve months, next after the death of the Devisor, ^^I'^J'^^^l^]^"'* Te'stator or Testatrix, shall be as valid and efifectual against subsequent ^tion to consti- tute notice, -892 Cap, 89. Registralion of Deeds, Src. 22 Vict. twelve monihs Subsequent purchasers, as if the same had been recorded imme- ©fthetofator^ diately after such death ; And in case the Devisee, or person interested in the lands, tenements or hereditaments, devised in any such Will as aforesaid, be disabled from recording the same within the said time by reason of the contesting of such Will, or by any other inevitable difficulty without his wilful ne- glect or default, then the recording the same within the space of twelve months next after his attainment of such Will or Probate thereof, or the removal of the impediment aforesaid, shall be a sufficient recording within the meaning of this Act. 9 V. c. 34, s. 12. When registra- ^'7. The registry of any instrument, will, judgment, decree, rule or order, affecting any lands or tenements registered under this or any former Act, shall in Equity constitute notice' of such deed, conveyance, will or judgment, decree, rule or order to all persons claiming any interest in such lands ortenerlients subse- quent to such registry. 13, 14 V. c. 63, s 8,~22 V. c. 33, s. 17, (1859.) Effect of judg- 48. Every judgment entered up against any person in any h^hxeutll- C5ourt of Record in Upper Canada, before the first day of nuary, 1851, January, one thousand eight hundred and fifty-one, and re- ^"■^ I'^S'^'f '^'J gistered since that day, or hereafter registered in any County in " ,, "■ manner aforesaid, shall affect and bind all the lands therein belonging to the person against whom the Judgment has been rendered, at the time of the registering thereof, or at any time afterwards, in like manner as a judgment of any of Her Majesty's Superior Courts at Westminster would, when duly docketed have bound lands before the practice of docketing judgments had been discontinued in England, and whenever Or registered any judgment had been registered before the first day of Ja- ftefore that day. ^^ary, in the year aforesaid, the party, in whose favour the same was rendered, may (if not already done) require the Registrar of any County to mark on the margin of such Registry and sign the same " registered this day of A. D ," and such entry of registry shall have the same effect from suck date as if the judgment had been registered under this section, and the Registry, or Registry of any certificate of any judgment as in this section mentioned, shall be deemed and taken to be a registry of such judgment for the purposes of this Act. 13, 14 V. c. 63, ss. 1, 7. How registered 49. Every judgment entered up against any person in any ji^gmenis shall Court of record in Upper Canada, subsequent to the first day of .&c. ' January, one thousand eight hundred and fifty-one, shall, so soon as a certificate of such judgment has been duly registered in any county, affect and bind all the lands within such CoiiSty belonging to the person against whom such judgment has been rendered, at the time of the Registering thereof or at any time afterwards in like manner as a judgment of any of Her Majes- ty's Superior Courts at Westminster would, when duly docke- ted, have bound lands before the practice of docketing judg- ments 1859. Registration of Deeds, SfC. Cap. 89. 893^ mtents had been discontinued in England, and shall operate as a charge upon and shall afiect and jjiiid all lands, in that County, of or to which such person was at the time of registering such judgment, or at any time afterwards became seized, possessed or entitled for any estate or in- terest whatever at Law or in Equity, whether in possession, reversion, remainder or expectancy, or over which such person had at the time of registering such judgment, or at any time afterwards any disposing power, which he might, without the assent of any other person, exercise for his own benefit, and shall be binding upon the person against whom judgment has been so entered up and registered, and against all persons claim- ing under him after such judgment and registry, and shall also be binding as against the issue of his body, and all other per- sons whom he might without the assent of any other person cut off and debar from any remainder, reversion or any other interest in or out of the said lands, tenements or heredita- ments ; and every judgment-creditor shall have such and the Remedies of same remedies in a Court of Equity against the lands so jj^^'j?™™' ""- charged as aforesaid, as he would be entitled to in case the person against whom ^uch judgment has been so entered up and registered had power to charge the same lands and had by writing under his hand agreed to charge the same with the amount of such judgment-debt and interest ; and all such Priority. judgments shall be claimed and taken to be valid and effectual according to the priority of registering such certificates ; but nothing herein contained shall he deemed to alter or affect any doctrine of Courts of Equity whereby protection is given to pur- chasers for valuable consideration without notice. 13,14 V. c. 63, s. 2,-18 V. c. 127, s. 8. 50. A decree or order of the Court of Chancery for the pay- Decrees and ment of money, costs, charges or expenses when registered j^^js'^^ike®"*^ shall have the same effect as a registered judgment. 20 V. c. manner. 56, s. 10. 51. Every rule ox order of the Court of Queen's Bench or All rules and Common Pleas or of a Judge thereof directing payment of "hl'payme'nTol- money other than costs, and every rule or order of a County money may be Court directing such payment, may be registered in the Registry registered. Office of any County, and such registration shall be on the cer- tificate of the same officer and shall have the same effect as the registration of a judgment of the same Court. 22 V. c. 33, s. 17. (1859.) 39. No unregistered judgment shall take effect against a prior How far regis- registered judgment, unless the party who has such first regis- '^^o^tected"^"'^ tered judgment has for one year next after the entry of such judg- against unre- ment neglected to put his execution against lands in the gistered judg. hands of the proper Sheriff'. 13, 14 V. c. 63, s. 1,-9 V. c. 34, "'^°"' s. 13. 33. 894 Cap. 89. Registration of Deeds, 8fc. 22 Vict, All Deeds, de- vises, &c., ex- ecuted aller 1st January, 1851, must be regi<>- lered. 53. After any Grant from the Crown of lands in Upper Canada, and Letters Patent thereof issued, every deed, devise or other con- veyance executed after the First day of January, one, thousand eight hundred and fifty-one, whereby the said lands, tenements or hereditaments may be in any wise affected in Law or Equity, shall be adjudged fraudulent and void, not only against any subsequent purchsiser or mortgagee for valua,ble consideration, but also against a subsequent judgment-creditor or creditor by decree or order in Chancery, who has registered a certificate of his judgment, decree or order, unless a memorial of such deed or devise or a certificate of such judgment be registered as by this Act is specified, before the registering of the memorial of the deed, devise, conveyance or certificate of judgment, decree or order, under which such subsequent purchaser, mortgagee or judgment-creditor or creditor by decree or order claims, sub- ject nevertheless, as to devisees, to the provisions contained in the forty-sixth section of this Act ; but nothing herein con- tained shall affect the rights of equitable mortgagees as now recognized in the Court of Chancery in Upper Canada. 13, 14 V. c. 63, s. 3,-18 V. c. 127, s. 8. Judgments to 54. No judgment of any Court of Record in Upper Ca- lharge°on^ian'ds ^i^^a shall create a lien or charge upon any lands, within the until registered, same, or upon any interests in lands liable to seizure or sale on any execution against lands, until such judgment has in the manner required by law for registering judgments, been registered in the Regislry Office of the County in which such lands are situate. 18 V. c. 127, s. 1. J udgment cre- of any Wills registered in any General Registry Book of Wills ; 9 V. c. 34, ss. 22, 32,-16 V. c. 187, s. 2. To be carefully 5. Such Registrar shall carefully compare such statement compared. with the original entries in the Register Books in his office, and indorse a Certificate to that effect on the statement when lurnishing the same ; 9 V. c. 34, ss. 22, 32. The Kegistrar receiving: such books to keep the same safely. 6. The Registrar receiving such Books and his successors shall keep the same among the Registry Books of his Office and deal with them in all respects in like manner as those originally supplied to and kept therein. 9 V. c. 34, ss. 22, 32, — 16 V. c.'l87, s. 1. Penalty for re- fusal to dehver after demand. 73. Any Registrar who refuses to deliver such Books, plans or memorials as aforesaid, within three months after demand in writing therefor made upon him by the Registrar entitled to receive the same, shall be deemed guilty of a mis- demeanor, and upon conviction thereof before any Court of Oyer and Terminer and General Gaol Delivery shall forfeit his office and be liable to a fine in the discretion of such Court not exceeding four hundred dollars. 18 V. c. 127, s. 6. Fees to Regis- 74:. trars in Upper and DO more, that is to say Canada. Every Registrar shall be allowed the following fees, ■ ■ 16 V. c. 187, s. 8. Affidavits of execution. 1. For drawing Affidavit of Execution of Instrument and Me- morial brought to be registered, if done by the Registrar or his Deputy, including swearing and all Certificates thereof, fifty cents ; 16 V. c. 187, s. 8. Eeoording Deeds. 2. For recording every Deed, Conveyance, Will, Power of At' torney or Agreement, including all necessary Entries and Cer tificates, one dollar and twenty-five cents, but in case such En- tries and Certificates exceed eight hundred words, then at the rate of thirteen and one third cents for every additional hundred words ; but 1859. Registration of Deeds, ^c. Cap. 89. ggg but in counting folios to be charged for in cases within Ihe thirty- third section of this Act, only one certificate of Registry shall be charged for, and the marginal certificates, notes or references shall not be charged. 16 V. c. 187, s. 5. 3. For registering a Sheriff's deed, seventy cents ; 16 V. c. Sheri(Ps Deeds. 183, s. 65. 4. For registering Certificate of Judgment, fifty cents, and Certificates of satisfaction thereof, fifty cents ; 16 V. c. 187, s. 8. judgment. 5. On registering any Certificate of a suit or proceeding certifi-ate of in Equity, fifty cents ; 18 V. c. 127, s. 7. suit. 6. On registering any Certificate of Decree, one dollar : 18 r„„;fi„„,„ . V. c. 127, s. 7. dec" 7. For entering Ceitifieate of Payment of Mortgage Money, certificate of including all Entries and Certificates thereof, fifty cents : 16 V. payment oi 187 s 8 J ./ J mortgage C. lO/, S. O. money. 8. Drawing Affidavit of the Execution thereof, including the Affidavits ot swearing of the witness, when done by the Registrar or his execution. Deputy, fifty cents ; See No. 1, and s. 58, No. 1. 9. For searching Records relating to the title of any lot or par- Searching re- cel of land not exceeding four references, twenty-five cents, cords, &o. and twenty-five cents for every additional four distinct refe- rences, and so in proportion for every number of searches made ; but in no case shall a general search into the title to any particular lot, piece or parcel of land exceed the sum ol two dollars ; 10. For every extract furnished by the Registrar, including p , , .. J - 11, 1^ bxtracts. Lertifacate, twenty-nve cents, and where the same exceeds one hundred words, fifteen cents for evt.-ry additional one hundred words contained in such Extract and Certificate ; 16 V. c. 187, s. 8. 11. For furnishing the statements required under the seventy- Furnishing second Section of this Act to be paid by the County to which any statements, &c. City, Town, Township or place may be attached, the sum often cents for every folio of one hundred words contained in any such statement so furnished. 14, 15 V. c. 5, s. 17. 75. The Registrar or his Deputy shall not be compelled ^-^ q^^^ f^^^ to register any Deed, Conveyance, Will, Instrument, or Certi- need be regis- ficate unless the fees authorized by this Act are paid thereon, feel^hereon b 9 V. c. 34, s. 27. paid, ° ^ 7®. 9(H) Cap. 89. Registration of Deeds, 8fc. 22 Vict. Registrar to 7®. Every Registrar shall keep a book in which shall fee7&crand°'^ ^^ entered all ihe Fees and Emoluments received by him by make returns Virtue of his office, shewing separately the sums received for theroor. registering Memorials, Certificates and other Documents, and for searches, and he shall make a Return of such Fees and Emo- luments in detail to the Legislature annually. 16 V. c. 187, s. 9. Punishment of '^'^ • 'f a^y Registrar or his Deputy neglects to perform iiegistrarsguii- his duty as required by this Act, or commits or suffers to be com- ^actrces"° mitted any undue or fraudulent practice in the execution thereof, and be thereof legally convicted, then such Registrar shall forfeit his said office and shall moreover be liable to pay treble damages with full costs of suit to any person injured there- by, to be recovered by action of debt, or information, in any of Her Majesty's Courts of Record ; and any Deputy executing the office of Registrar during any vacancy occasioned by death, resignation or forfeiture of the Registrar, shall be for the same cause and in like manner liable. 9 V. c. 34, s. 21. MISCELLANEOUS PROVISIONS. wiienaCon.- '^8- Any person. Corporation or Company who surveys and pany,&c., sub- subdivides any land into Town or Village lots, differing from the hlto'tow/lotTa manner in which such lands were described as granted by the plan or map of Grown, shall lodge with the Registrar a plan or map of such belodgedinihe Town or Village lots, shewing the numbers and ranges of such Regist'ry Office, lots, and the names, sites and boundaries of the streets or lanes by which such lots may be in whole or in part bounded, to- gether with a declaration signed by such person, or by the law- ful Officer, Agent or Attorney of such Corporation or Company, that the said plan contains a true description of the lots and streets luid out by such person. Corporation or Company, and thenceforth the Registrar shall keep an Index of the land des- cribed on such map or plan as a Town or Village, or part of a Town or Village, by the name by which such person. Corpora- tion or Company designates the same. 9 V. c. 34, s. 33,— See 12 V. c. 35, s. 42. wiierenoplan 7®. In each and every casein Upper Canada where an ofanunincor- unincorporated Village comprises different parcels of land SarbeeiT're^gis- owned at the original division thereof by two or more persons, tered, township ajij the same was not jointly surveyed and laid out into a causTone to village plot, and where in such case no entire plan or map of iw made. the said Village has been deposited with the Registrar of the County within which the same is situate, the Municipality of the Township within which the said Village is situate, shall immediately cause a plan or map of such Village to be made on the scale required by law, and to be deposited in the Re- .t^istry Office of the County within which the said Village is c 3t how paid, situate ; and the expense attending the getting 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. 22 V. c' 42, s. 1, (1859.) 80. 1859. Registration of Deeds, Sfc. Cap. 89. 9()] 80. The Officer or person performing the duties formerly Commissiorer assigned to the Surveyor General of the Province, shall, from ff9i'°'^ni^ands ^. " . .. -^1 • . 1 , r ' T, ' . 'o lurnish Re- time to time witnm twelve months alter any Registrar gistrarswith has in writing made application to the said Officer or person '^^^fl" '"''"'" for the same, furnish each such Registrar with a list of the names of all persons to whom Patents have issued from the Crown for grants of land within his County, and also with copies of all plans or maps of Towns and Townships within the same. 9 V. c. 34, s. 31. 8i. Any person for&wearing hin^self before any Registrar Punishment for or his Deputy, or before any Judge, Commissioner, or other per- '^^'"^ swearing. son duly authorized to administer an oath in any of the cases aforesaid, and lawfully convicted, shall incur and be liable to the same penalties as if the oath had been taken in any Court of Record in Upper Canada. 9 V. c. 34, s. 17. 88. AnyJ person who forges or counterfeits any certificate or guilty of by this Act authorized or directed, or any Affidavit of the execu- 'o^'S'"?- tion of any Memorial, or any such Memorial, is guilty of felony and shall be imprisoned at hard labor in the Penitentiary for any term not less than four years nor more than ten years. See 10, 11 V. c. 9, s. 9. §3. The following are the forms referred to in the foregoing ponns. sections of this Act : A. REFERRED TO IN THE 58tH SECTION No. 1, OF THIS ACT. To the Registrar of the County of I, A. B., of , do certify that C. D. of , hath satisfied all money due upon a certain mortgage made by the said C. D. to me, bearing date the day of , one thousand eight hundred and , and registered at of the clock in the forenoon of tlie day of following, and that such mortgage is there- fore discharged. As witness my hand, this E. F., of G. H., of 3 day of ? 18 (S igned) A, , B. Witnesses. 9 V. c. 34, Sch, B 902 Cap. 89, 90. Registration of Deeds, SfC. ^22 Vict. B. REFERRED TO IN THE 70tH SSCTtOX OF THIS ACT._ This Register contains pages and is to be used in and for the (City, Town or Township, (as the case may 6e), in the County of , for the Enregistration of memorials, under the provisions of the Act respecting the Registration of Deeds, Wills and Judgments and of Decrees in Chancery, and is provided in pursuance of the requirements of the said Statute. Dated this day of , in the year of our Lord one thousand eight hundred and A. B. Judge of the County Court of 16 V. c. 187, Sch. CAP. XC. All Act respectina: the transfer of real property, and the liability of certain interests therein to execution. HER Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows : Interpretation 1. The words and expressions hereinafter mentioned, which in their ordinary signiiication have a more confined or a diffe- rent meaning, shall in this Act, except where the nature of the provision or the context of the Act excludes such construc- tion, be interpreted as follows, that is to say : ihe word " I^and" shall extend to messuages, lands, tenements and hereditaments, whether corporeal or incorporeal, and to any undivided share thereof, and to any estate or interest therein, and to money subject to be invested in the purchase of land or of any interest therein ; the word " Conveyance" shall extend to a feoffment, grant, lease, surrender, or other assurance of land. 12 V. c. 71, s. 1. Corporeal tene- S- AH corporeal tenements and hereditaments shall, as re- nements, &u, gards the conveyance of the immediate freehold thereof, be deemed to be in g j.i-- • ri -i- ■. . ■, ^ tr -, grant, &c. deemed to he in grant as well as m hvery. 14, 15 V. c. 7, s. 2. Feoffments un- 3- A feofTuient, Otherwise than by deed, shall be void at law, •^sbjfdeedto and no feoffment shall have any tortious operation. 14, 15 V. c. 7, s. 3. Partition or 4. A partition and an exchange of any land, and a lease Lan'ir"&V''^ required by law to be in writing of any land, and an assign- ment of a chattel interest in any land, and a surrender in writing of of certain words in this Act, 1859. Transfer of Real Property. Cap. 90. 9Q3 of any land not being an interest which might by law have unless by deed, been created without writing, shall be void at law, unless '°''*™"'- made by deed. 14, 15 V. c. 7, s. 4. 5. A contingent, an executory , and a future interest, and a Certain interest possibility coupled with an interest in any land, whether the '" ^''tT^'^pd object of the gift or limitation of such interest or possibility be "rb'y deed!™ or be not ascertained, also a right of entry, whether imme- diate or future, and whether vested or contingent into or upon any land may be disposed of by deed, but no such disposition shall by force only of this Act defeat or enlarge an estate tail, and any such disposition by a married woman shall be made con- formably to the provisions of the Act enabling married women to convey their real estate. 14, 15 V". c. 7, s. 5. 6. A contingent remainder, which existed at any time be- Certain contin- tween the thirtieth day of May, one thousand eight hundred and fer^'^^ie"" forty-nine, and the second day of August, one thousand eight valid. hundred and fifty-one, shall be deemed to have been capable of taking effect, notwithstanding the determination by forfeiture, surrender or merger, of any preceding estate of freehold. 14, 15 V. c. 7, s. 6. 7. When the reversion expectant on a lease of any land Effect of sur- merges or is surrendered, the estate which, for the time ™rof rever-' being, confers, as against the tenant under the same lease, the sions expectant next vested right to the same land shall, to the extent of and cert^ain^case". for preserving such incidents to and obligations on the same re- version as but for the surrender or merger thereof would have subsisted, be deemed the reversion expectant on the same lease. 14, 15 V. c. 7, s. 7. 8. When the reversion of any land, expectant on a lease. The remedies has merged in any remainder or other reversion or estate, the eoVtJjTams'in'"' person entitled to the estate into which such reversion has a lease not; to merged, his heirs, executors, administrators, successors and tythenferger^ assigns, shall have and enjoy the like advantage, remedy and otthe imme- benefit against the lessee, his heirs, successors, executors, '''^"^ reversion. administrators and assigns, for non-payment of the rent, or for doing of waste or other forfeiture, or for not performing con- ditions, covenants, or agreements contained and expressed in his lease, demise or grant, against the lessee, farmer or grantee, his heirs, successors, executors, administrators and assigns, as the person who would for the time being have been entitled to the mesne reversion which has merged, would or might have had and enjoyed if such reversion had not so merged. 12 V. c. 71, s. 12. 9. The Aonrfy?de payment of any money to and the receipt ^^^^^^Pfj^'',^ thereof by any person to whom the same is payable upon any eflisctualdis- express or implied trust, or for any limited purpose, and '=''^''s«*- such payment to and receipt by the survivors or survivor of 904 Cap. 90. Trannfer of Real Property. 23 Vict. No implied warranty, &o.j to be created by the word " grant " or " exchange." of two or more mortgagees or holders, or the executors or administrators of such survivor, or their or his assigns, shall effectually discharge the person paying the same from seeing to the application or being answerable for the misapplication thereof, unless the contrary be expressly declared by the instrument creating the trustor security. 12 V. c. 71, s. 10. 1©. Neither of the words " Grant" or " Exchange," in any deed, shall create any warranty or right of re-entry, or cove- nant by implication, except in cases where by any Act in force in Upper Canada, it is declared that the word " Grant" shall have such effect. 12 V. c. 7, s. 6. Any interest in lands which might be con- veyed under this Act to be bound by judg- ments liable under execu- tions. 11. Any estate, right, title or interest in lands which, under the fifth section of this Act, may be conveyed or assigned by any party, shall be bound by the judgments of any Court of Record, and shall be liable to seizure and sale under Execution against such parly, in like manner and on like con- ditions as lands are by law bound by Judgments and liable to seizure and sale under execution, and the Sheriff selling the same may convey and assign the same to the purchaser in the same manner and with the same effect as the party might himiself have done. 12 V. c. 71, s. 13,-14, 15 V. c. 7, s. 9. This Act not to IS. The foregoing sections of this Act shall not extend to any &c''"executed*' ^^^^i ^^^ O"" thi^g executed or done, or to any estate, right or before i.-t Ian- interest Created before the first day of January, one thousand uary, 1850. eight hundred and fifty, but they shall extend to and have operation and effect on and from that day. 12 V. c. 71, s. 14. Corporations aggregate may convey by bar- gain and sale. IS. Any Corporation aggregate in Upper Canada, capable of taking and conveying land, shall be deemed to have been and to be capable of taking and conveying land by deed of bargain and sale, in like manner as any person in his natural capacity, subject nevertheless to any general limitations or restrictions and to any special provisions as to holding or conveying real estate which may be applicable to such Corporation. 4 W. 4, c. 1, s. 46. Deed of bargain and sale sliall not require en- rolment to ren- der it a valid conveyance. This shall not affect priority. 14. No deed of bargain and sale of land in Upper Canada, execuied subsequent to the sixth day of March, one thousand eight hundred and thirty-four, shall require enrolment or regis- tration to supply the place of enrolment, for the mere purpose of rendering such bargain and sale a valid and effectual convey- ance for passing the land thereby intended to be bargained and sold ; but this shall not affect any question of priority under the Registry Act. 4 W. 4, c. 1, s. 47,-13, 14 V. c. 63, s. 3. CAP ;859. Sliort Forms of Conveyances. Cap. 91. 905 CAP. X C I . An Act respecting^ Short Forms of Conveyances. HER Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows : 1. When a deed made according to the forms set forth where words in the first Schedule to this Act, or any other deed expressed oft^o'"™"! of to be made in pursuance of this Act, or referring thereto, con- sSieduteare tains any of the forms or words contained in column one of the employed, iho second Schedule hereto annexed, and distinguished by any fhelameTffect number therein, sucli deed sliall be taken to have the same as if the words effect, and be construed as if it contained the form of words werei'nTrfed. contained in column two of the same Schedule, and distin- guished by the same number as is annexed to the form of words used in the deed ; but it shall not be necessary, in any such deed, to insert any such number. 9 V. c. 6, s. 1. 3. Any deed or part of a deed, which fails to take Deedsfaiiing to effect by virtue of this Act, shall, nevertheless, be as effectual, ^erlhisActTo" to bind the parties thereto, so far as the rules of law and equity be as valid as if will permit, as if this Act had not been made. 9 V. c. 6, s. 4. Act not made. S. Every such deed, imless an exception be specially made Deed to include therein, shall be held and construed to include all houses, out- and^'the revt?-'' houses, edifices, barns, stables, yards, gardens, orchards, com- sion,aiidaiithe mons, trees, woods, underwoods, mounds, fences, hedges, ^^'^'®' '^°' ditches, ways, waters, water-courses, lights, liberties, privileges, easements, profits, commodities, emoluments, hereditaments and appurtenances whatsoever, to the lands therein comprised, belonging or in any wise appertaining, or with the same demised, held, used, occupied and enjoyed, or taken or known as part or parcel thereof ; and if the same purports to con- vey an estate in fee, also the reversion or reversions, remainder and remainders, yearly and other rents, issues and profits of the same lands, and of every part and parcel thereof, and all the estate, right, title, interest, inheritance, use, trust, pro- perty, profit, possession, claim and demand whatsoever, both at law and in equity, of the grantor, in, to, out of, or upon the same lands, and every part and parcel thereof, with their and every of their appurtenances. 9 V. c. 6, s. 2. 4. In the construction of this Act, and the Schedules thereto, Construction o< unless there be something in the subject or context repugnant ■*•'''■ to such construction, the word " lands " shall extend to all freehold tenements and hereditaments, whether corporeal or incorporeal, or any undivided part or share therein, respect- ively ; and the word " party " shall mean and include any body politic or corporate or collegiate as well as an individual. 9 V. c. 6, s. 6. 906 Cap. 91. Short Forms of Conveyances. 22 Vict' Remuneration 5. In taxing any bill for preparing and executing any deed the Act'not'to' "'i^^r ^^is Act, the taxing officer, in estimating the proper sura be by length to be charged therefor, shall consider not the length of ""'y* such deed, but the skill and labour employed and responsi- bility incurred in the preparation thereof. 9 V. c. 6, s. 3. Schedules, &c., 6. The Schedules, and the directions and forms therein to form part of contained, shall be deemed parts of this Act. 9 V. c. 6, s. 6. SCHEDULES TO WHICH THIS ACT REFERS. THE FIRST SCHEDULE.* This Indenture, made the day of , one thousand eight hundred and , in pursuance of the Act to facilitate the conveyance of real property, between (here insert names of parlies and recitals^ if any^ Witnesseth, that in consideration of dollars, of lawful money of Canada, now paid by the said (grantee or grantees) to the said (grantor or grantors) (the receipt whereof is hereby by him {or them) acknowledged,) he (or they) the said (grantor or grantors) doth {or do) grant unto the said (grantee or grantees) his {or their) heirs and assigns for ever, all, &c., [parcels.) {Here insert covenants, or any other provisions.) In witness whereof, the said parties hereto have hereunto set their hands and seals. THE SECOND SCHEDULE. DIRECTIONS AS TO THE FORMS IN THIS SCHEDULE. In cases of Sale and Conveyance of Real Property. 1. Parties who use any of the forms in the first column of this Schedule, may substitute for the words " covenantor " or " covenantee, " or " releasor " or " releasee, " " grantor " or "grantee," any name or names, and in every such case, corres- ponding substitutions shall be taken to be made in the corres- ponding i'orms in the second column. 2. Such parties may substitute the feminine gender for the masculine, or the plural number for the singular, in any of the forms in the first column of this Schedule, and corresponding changes shall be taken to be made in the corresponding forms in the second column. 3. Such parties may introduce into, or annex to, any of the forms in the first column, any express exceptions from, or other express qualifications thereof respectively, and the like exceptions 1859. Short Forms of Conveyances. Cap. 91. 9()7 exceptions or qualifications shall be taken to be made from or in the corresponding forms in the second column. 4. Such parties may add the name or other designation of any person or persons, or class or classes of persons, or any other words, at the end of form two, of the first column, so as thereby to extend the words thereof to the acts of any additional person or persons, or class or classes of persons, or of all persons whomsoever; and in every such case ihe covenants two, three and four, or such of them as may be employed in such deed, shall be taken to extend io the acts of the person or persons, class or classes of persons, so named. COLUMN ONE. COLUMN TWO. 1. The said {cove- 1. And the said covenantor doth hereby, for Bonfor ) coveniints himself, his heirs, executors and administra- •vnth the said {cove- ' . ■ , -^i j mntee.) lOY?,^ covenant, promise and agree, with and to the said covenantee, his heirs and assigns, in manner following, that is to say : 2. That he has the 2. That for and notwithstanding any act, right to convey the ^^^j matter or thing by the said covenantor, said lands to the said ' ■ i i • i (couenatKee) notwith- done, executed, committed, or knowingly or standing any act of wilfully permitted or suffered to the contrary, the said (co^eaan/or.) j^^^ ^j.^^ ^^-^ covenantor, now hath in himself good right, full power, and absolute authority, to convey the said lands and other the pre- mises hereby conveyed, or intended so to be, Math their and every of their appurtenances, unto the said covenantee, in manner aforesaid, and according to the true intent of these pre- sents. 3. And that the 3. And that it shall be lawful for the said said { covenanUe ) covenantee, his heirs and assigns, from time lesl^oVte ^:Z to time and at all times hereafter, peaceably lands. and quietly to enter upon, have, hold, occupy, possess and enjoy the said land and premises hereby conveyed, or intended so to be, with their and every of their appurtenances ; and to have, receive, and take the rents, issues and profits thereof, and of every part thereof, to and for his and their use and benefit, with- out any let, suit, trouble, denial, eviction, in- terruption, claim or demand whatsoever of, from, or by him the said covenantor, or his heirs, or any person claiming, or to claim, by, from, under, or in trust for him, them, or any of them. 4. Free from all 4. And that free and clear, and freely and anoumbrances. absolutely acquiited, exonerated, and for ever discharged, 908 Cap, 91. Short Forms of Conveyances. 22 Vict. COLUMN ONE COLUMN TWO. discharged, or otherwise by the said cove- nantor or his heirs well and sufficiently saved, kept harmless, and indemnified of, from and ' against any and every former and other gift, grant, bargain, sale, jointure, dower, use, trust, entail, will, statute, recognizance, judg- ment, execution, extent, rent, annuity, for- feiture, re-entry, and any and every othel- estate, title, charge, trouble, and incumbrance whatsoever, made, executed, occasioned, or suffered by the said covenantor or his heirs, or by any person claiming, or to claim, by, from, under, or in trust for him, them, or any of them. 0. And the said 5. And the said covenantor doth hereby, for ilX^Uh^he's^Td himself, his heirs, executors and administra- (covenantee) that lie tors, covenant, promise and agree with, and ■will execute such to the said covenantee, his heirs and assigns, r^d i:X^m4^ that he the said covenantor, his heirs execu- be requisite. tors and administrators, and all and every other person whosoever having or claiming, or who shall or may hereai'ler have or claim, any estate, right, title or interest whatsoever, either at law or in equity, in, to, or out of, the said lands and premises hereby conveyed, or intended so to be, or any of them, or any part thereof, by, from, under, or in trust for him, them, or any of them, shall and v/ill, from time to time, and at all times hereafter, upon every reasonable request, and at the costs and charges of the said covenantee, his heirs or assigns, make, do, execute, or cause to be made, done, or executed, all such further and other lawful acts, deeds, things, devices, con- veyances, and assurances in the law what- soever, for the better, more perfectly, and ab- solutely conveying and assuring the said lands and premises hereby conveyed, or intended so to be, and every part thereof, with iheir appur- tenances, unto the said covenantee, his heirs and assigns, in manner aforesaid, as by the said covenantee, his heirs and assigns, his or their counsel in the law, shall be reasonably devised, advised or required, so as no such further assurances contain or imply any further or other covenant or warranty than against the \ acts and deeds of the person who shall be re- quired to make or execute the same, and his heirs, executors or administrators, only, and so 1859. Short Forms of Conveyances. Cap. 91. 9Q9 COLUMN ONE. column t\70. so as no person who shall be required to make or execute such assurances, shall be compel- lable for the making or executing thereof, to go or travel from his usual place of abode. 6. And the said ' 6. And the said covenantor doth hereby, ( coiimantor ) covq- j'qj. j^jj^gg^f his heirs, executors and adminis- nants witli the said . ^ ' . ' . , .,t i (mmanite) that he trators, covenant, promise and agree with and Tfill produce the title to the said covenantee, his heirs and assigns, deeds enumerated ^^^^ ^^g gg^j^j Covenantor and his heirs shall loTcopics'to be made ^nd will, unless prevented by fire or other ine- of them, at the ex- vitable accident, from time to time, and at all pense of the said (CO- tjjjjgg hereafter, at the request, costs and vinan ct.) charges of the said covenantee, his heirs or as- signs, or his or their attorney, solicitor, agent, or counsel, at any trial or hearing in any ac- tion or suit at law or in equity, or other judi- cature, or otherwise, as,occasion shall require, produce all and every or any deed, instru- ment or writing hereunder written, for the manifestation, defence and support of the es- tate, title and possession of the said covenan- tee, his heirs and assigns, in, or to, the said lands and premises hereby conveyed, or in- tended so to be, and at the like request, costs and charges, shall and will make and deliver, or cause to be made and delivered, true and attested, or other copies or abstracts of the same deeds, instruments and writings respect- ively, or any of them, and shall and will per- mit and suffer such copies and abstracts to be examined and compared with the said origi- nal deeds, by the said covenantee, his heirs and assigns, or such person as he or they shall for that purpose direct and appoint. 7 A d th "d '"'' ^"^^ ^^^ ®^^^ covenantor, for himself, (clvcnraior) ^ cove- liis heirs, executors and administrators, doth iiants with the said hereby covenant, promise and agree with and (^ovmantee) that he ^q ^he said covenantee, his heirs and assigns, inramber The'^'said that he hath not at any time heretofore made, lands. done, committed, executed, or wilfully or knowingly suffered any act, deed, matter or thing whatsoever, whereby or by means where- of the said lands and premises hereby con- veyed, or intended so to be, or any part or parcel thereof, are, is, or shall or may be in any wise impeached, charged, affected, or in- cumbered in title, estate or otherwise how- soever. 8. 910 Cap. 91, 92. Short Forms of Conveyances. 22 Vict. COLUMN ONE. column two. 8. And the said 8. And the said releasor hath released, re- (rdeasor) releases to mised, and forever quitted claim, and by these the said [releasee) all i i i • ^ r his claims upon the presents doth release, remise, and lorever quit said lands. claim, unto the said releasee, his heirs and assigns, all and all manner of right, title, interest, claim, and demand whatsoever, both at law and in equity, into and out of the said lands and premises hereby granted, or intend- ed so to be, and every part and parcel thereof, so as that neither he nor his heirs, executors, administrators, or assigns, shall nor may, at any time hereafter, have, claim, pretend to, challenge, or demand the said lands and pre- mises, or any part thereof, in any manner howsoever, but the said releasee, his heirs and assigns, and the same lands and premises shall from henceforth for ever hereafter be exonerated and discharged of and from all claims and demands whatsoever which the said releasor, might or could have upon him in respect of the said lands, or upon the said lands. 9. And the said 9. And the said (A. B.) wife of the said (A. B.) wife of the fm-antor) for and in consideration of the sum said (grantor) here- ^s- ' in r ^i. i r i by bars her dower in 01 dollars, ol the lawful money the said lands. of Canada, to her in hand paid by the said {grantee) at or before the sealing and delivery of these presents, the receipt whereof is hereby acknowledged, hath granted and released, and by these presents doth grant and release unto the said {grantee) his heirs and assigns, all her dower and right and title which in the event ol surviving her said husband, she might or would have to dower, in, to or out of the lands and premises hereby conveyed, or intended so to be. CAP. XCII. An Act respecting .short forms of Leases. HER Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows : Where words 1. When a deed, made according to the forms set forth in of column 1 of xhe first Schedule to this Act, or any other deed expressed to be Sc^heduieare made in pursuance of this Act, or referring thereto, contains employed, the any of the forms or words contained in column one of the second 1859. Short Fonns of Leases. Cap. 92. 9|J second Schedule hereto annexed, and distinguished by any num- deed to have ber therein, such deed shall be taken to have the same effect, "'^■nh"' ^"^^ and be construed as if it contained the form of words contained in column 2 in column two of the same Schedule, and distinguished by the were inserted, same number as is annexed to the form of words used in the deed ; but it shall not be necessary, in any such deed, to in- sert any such number. 14, 15 V. c. 8, s. 1. 3. Any deed or part of a deed, which fails to take effect by Deeds failing to virtue of this Act, shall nevertheless be as effectual to bind 'fkeeffectun- , ' /. , , „ , 1 . . , , der this Act to the parties thereto, so tar as the rules of Jaw and equity will be as valid as if permit, as if this Act had not been made. 14, 15 V. c. 8, s. 3. ^"^ ""' m*^^- 3. Every such deed, unless an exception be specially made Deed to include therein, shall be held and construed to include all out-houses, ^" iio"ses, &c. buildings, barns, stables, yards, gardens, cellars, ancient and other lights, paths, passages, ways, waters, water courses, liber- ties, privileges, easements, profits, commodities, emoluments, hereditaments and appurtenances whatsoever, to the lands and tenements therein comprised belonging or in any wise apper- taining. 14, 15 V. c. 8, s. 2. SCHEDULES TO WHICH THIS ACT REFERS. THE FIRST SCHEDULE. This Indenture, made the day of , in the year of Our Lord one thousand eight hundred and , in pursuance of the Act respecting short forms of leases between , of the first part, and , of the second part, Witnesseth, that in consideration of the rents, covenants and agreements, hereinafter reserved and contained on the part of the said party {or parties) of the se- cond part, his [or their) executors, administrators and assigns, to be paid, observed, and performed, he (or they) the said party {or parties) of the first part hath {or have) demised and leased, and by these presents do {or doth) demise and lease unto the said party {or parties) of the second part, his {or their) execu- tors, administrators, and assigns, all that Messuage or Tenement situate, {or all that parcel or tract of land situate) lying and being {here insert a description of the premises with sufficient certainty.) To have and to hold the said demised premises for and du- ring the term of , to be computed from the day of , one thousand eight hundred and , and from thenceforth next ensuing and fully to be complete and ended. Yielding and paying therefor yearly and every year during the said term hereby granted unto the said party {or parties) of the first part, his (or their) heirs, executors, administrators, or assigns, 912 Cap. 92. Short Forms of Leases. 22 Vict. assigns, the sum of , to be payable on the following days and times, that is to say : (on, &c.,) the first of such payments to become due and be made on tlie day of next THE SECOND SCHEDULE. DIRECTIONS AS TO THE FORMS IN THIS SCHEDULE. In case of the Leasing of Lands and Tenements. 1. Parties who use any of the forms in the first column of this Schedule, may substitute for the words " lessee" or " les- sor" any name or names, and in every such case corresponding substitutions shall be taken to be made in the corresponding forms in the second column. 2. Such parties may substitute the feminine gender for the masculine, or the plural number for the singular in the form in the first column of the Schedule, and corresponding changes shall be taken to be made in the corresponding forms in the second column. 3. Such parties may introduce into or annex to any of the forms in the first column any express exceptions from or express qualification thereof respectively, and the like exceptions or qualifications shall be taken to be made from or in the corres- ponding forms in the second column. 4. Where the premises demised are of freehold tenure, the covenants 1 to 8 shall be taken to be made with, and the proviso 9 to apply to the heirs and assigns of the lessor ; and where the premises demised shall be of leasehold tenure, the covenants and proviso shall be taken to be made with, and apply to the lessor, his executors, administrators and assigns. COLUMN ONE. column two. 1. That the said 1- And the said lessee doth hereby for ( lessee ) covenants himself, his heirs, executors, administrators to mfrent*^ ''"'""'^ ^^^ assigns, Covenant with the said lessor that he, the said lessee, his executors, administra- tors and assigns will, during the said term, pay unto the said lessor the rent hereby reserved, in manner hereinbefore mentioned, without any deduction whatsoever. 2. And to pay 2. And also will pay all taxes, rates, du- *'^-''*^' ties and assessments whatsoever, whether municipal, parliamentary or otherwise, now charged or hereafter to be charged upon the said demised premises, or upon the said lessor on account thereof. 3. 1859. Short Forms of Leases. Cap. 92. Qjo COLUMN ONE. column two. 3. And to repair. 3. And also will, during the said term, •well and sufficiently repair, maintain, amend and keep the said demised premises with the appurtenances, in good and substantial repair, and all fixtures and things thereto belonging, or which at any time during the said term shall be erected and made, when, where and so often as need shall be. i. Aiidto keep up 4. And also will from time to time, during ""**' the said term, keep up the fences and walls of or belonging to the said premises, and make anew any parts thereof that may require to be new-made in a good and husband like manner and at proper seasons of the year. 6. And not to cut 5. And also will not at any time during down timber. ^1,3 g^id term hew, fell, cut down or destroy, or cause or knowingly permit or suffer to be hewed, felled, cut down or destroyed, without the consent in writing of the lessor, any timber Or timber trees, except for necessary repairs, or firewood, or for the purpose of clearance as herein set forth. «. And that the 6. And it is hereby agreed that it shall be s»id (JesOTr) may en- lawful for the lessor and his agents, at all rea- rfpSMrth^tVe^^^'^^^l^ ^i™*^^ during the said term, to enter Bftid {lessee) will re- the said demised premises to examine the psir according to no- condition thereof, and further that all want of **■ reparation that upon such view shall be found, and for the amendment of which notice in writing shall be left at the premises, the said lessee, his executors, administrators and as- signs will, within three calendar months next after such notice, well and sufHciently repair and make good accordingly. 7. And will not 7. And also that the lessee shall not, nor *°X„tj°^^J"^-^®' will during the said term, assign, transfer or set over, or otherwise by any act or deed pro- cure the said premises or any of them to be assigned, transferred, set over or sub-let unto any person or persons whomsoever without the consent in writing of the lessor, his heirs or assigns first had and obtained. 8. And thai he 8. And further, the lessee will, at the ex- SJul/rgoodrep^riP^^tion, or Other sooner determination of the said term, peaceably surrender and yield up FFF unto Qli Cap. 92, 93. Short Forms of Leases. 22 Vict, COLUMN ONE. COLUMN TWO. unto the said lessor the said premises hereby demised with the appurtenances, together with all buildings, erections and fixtures thereon, in good and substantial repair and condition, reasonable wear and tear and damage by fire only excepted. .9. Proviso for tho 9. Provided always, and it is hereby ex- entry by the said presslv asfreed, that if the rent hereby reserved, (iessm-) on non-pay- ' ^.^i. ciii-l -jr nr^ ment of rent or non- o'' ^^W V^^^ thereol, shall be unpaid tor liiteen performance of cove- days after any of the days on which the same ■°*°'^" ought to have been paid, although no formal demand shall have been made thereof, or in case of the breach or non-performance of any of the covenants or agreements herein con- tained on the part of the lessee, his executors, administrators or assigns, ihen and in either of such cases it shall be lawful for the lessor at any time thereafter, into and upon the said demised premises, or any part thereof, in the name of iho whole to re-enter, and the same to have again, re-possess and enjoy, as of his or their former estate ; any thing hereinafter conlained to the contrary notwithstanding. 10. The said {Us- 10. And the lessor doth hereby for himself, sor) covenants with his heirs, executors, administrators and assigns, the said (lessee) for i -,1 4.1 i 1 • .. j quiet onioymfnt covenant With the lessee, his executors, ad- ministrators and assigns that he and they paying the rent hereby reserved, and perform- ing the covenants hereinbefore on his and their part contained, shall and may peaceably possess and enjoy the said demised premises for the term hereby granted, without any in- terruption o» disturbance from the lessor, his heirs, executors, administrators and assigns, or any other person or persons lawfully claim- ing by, from or under him, them or any of them. CAP. XCIII. An Act respecting the Survey of Lands in Upper Canada. HER Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows : Stpnemonu- 1- Stone monuments or monuments of other durable ma- mentsmaybe terials, shall be placed at the several corners, governing points or 1859. Survey of Lands. Cap. 93. 9^5 or off'-sels of every Township already surveyed or after this placed at cer- Act takes effect from time to time surveyed in Upper Canada '?° P°'".'^ 'l^ and also at each end of the several Concession Lines of such u?cl'^'"''* "^ Townships ; and lines drawn in the manner hereinafter pre- scribed from tlie monuments so erected, shall be taken and considered to be (he permanent boundary lines of such Town- ships and Concessions, respectively. 12 Y. c. 35, s. 26. 3. The monuments to be placed as above mentioned shall To be placed bo so placed under the direction and order of the Commissioner "'"ierthedi- Of Crown Lands. 12 V. C. 35, S. 27. ' Commissioner of Crown 3. The courses and lengths of the said boundary lines, so ascertained and established, shall on all occasions be fg°tafn"d'^'**^' the true courses and lengths of the boundary lines of the aforesaWinV. said Townships and Concessions, whether the same do or do ed'thetrae'^'^'"" not, on actual survey, coincide with the courses and lengths ones. in any Letters Patent of Grant or other Instrument mentioned and expressed in respect of such boundary lines. 12 V. c. 35, s. 28. 4. If any person knowingly and wilfully pulls down, de- Punishmems faces, alters or removes any monument so erected as aforesaid, of persons re- such person shall be adjudged guilty of Felony ; and if any ISglanV'*^" person knowingly and wilfully defaces, alters or removes any marks. other land mark, post, or monument placed by any Land Sur- veyor, to mark any limit, boundary or angle of any Township Concession, range, lot or parcel of land, in Upper Canada, such person or persons shall be deemed guilty of a misdemeanor, and being convicted thereof before any competent Court, shall be liable to be punished by fine or imprisonment, or both, at the discretion of such Court, such fine not to exceed one hundred dollars, and such imprisonment not to be for a longer period than Three months, without any prejudice to any civil remedy which any party may have against such offender or offenders in damages by reason of such offence ; But this As lo Survey- shall not extend to prevent Land Surveyors, in their operations, °''^- from taking up posts or other boundary marks when necessary after which they shall carefully replace them as they were be- fore. 12 V. c. 35, s. 29. 5. It shall not be necessary for the Commissioner of Crown Monuments Lands, to proceed to carry the provisionsof the first, second, potto be piaeed third and fourth (or "four" last preceding) Sections of this ^ept on the^ap- Act into execution, until an application for that purpose has plication of the been made to the Governor, by the Council of the County coTnoiir' in which the Township or Townships interested may be situate, and which Council shall cause the sum requisite to defray the expenses to be incuiTcd, or the proportion thereof payable by the inhabitants of any Township or Concession, to be levied on the said inhabitants, in the same manner as any sum required for any other local purpose authorized by law may be levied. 13 V. c. 35, s. 30. FFF^ 6. 916 Cap. 93. Survey of Lands. 22 Vict. Becital. hi what cases the Municipal Council may apply to have man umeats plaoed 6. And whereas in several of the Townships in Upper Canada, some of the Concession lines, or parts of the Conces- sion lines, were not run in the original survey performed under competent authority, and the surveys of some Conces- sion lines or parts of Concession lines have been obliterated, and owing to the want of such lines the inhabitants of such Concessions are subject to serious inconvenience : therefore the County Council of the County in which any Township in Upper Canada is situate, tiiay, on application of one half of the resident landholders in any Concession, (or may without such application) make application to the Governor, requesting him to cause any such line to be surveyed, and marked by permanent stone boundaries under the direction and order of the Commissioner of Crown Ijands, in the manner pre- scribed in this Act, at the cost of the proprietors of the lands in each Concession or part of a Concession interested. 12 V. c. 35, s. 31,-^2 V.c. 99, s. 258. Ae to the ad- T. The lines shall be so drawn as to leave each of the ad- jacent conces- jaggnt Concessions of a depth proportionate to that intended in the original survey. 12 V. c. 35, s. 31,-22 V. c. 99, s. 238. Tobeperma- 8. The lines Or parts of lines so surveyed and marked as ■em boundary aforesaid, shall thereafter be the permanent boundary lines of such Concessions or parts of Concessions to all intents and purposes of law whatsoever. 12 V. o. 35, s. 31, — 22 V. c. 99, 8. 238. Expenses to be estimated and prorided ior. 9. The Council shall cause to be laid before thera an es- timate of the sum requisite to defray the expenses to be incurred in order that the same may be levied on the said proprietors, in proportion to the quantity of land held by them respectively in such Concession or part of a Concession, in the same man- ner as any sum required for any other purposes authorized by law may be levied. 12 V. e. 35, s. 31,-22 V. c. 99, s. 258. Expenses to be paid to the Goyernment. 10. All expenses incurred in performing aily survey, or placing any monument or boundary under the provisions of the sections preceding shall be paid by the County Treasurer to the person or persons employed in such services, on the certi- ficate and order of the Commissioner of Crown Lands. 12 V. c. 35, s. 31. Hunicipal Councils may cause the boundaries of lots in any concession, &e., to be as- certained and marked, 1 1 . Whenever the Municipal Council of any Township, City, Town or Incorporated Village in Upper Canada adopts a resolution on application of one half the resident land- holders to be affected thereby, that it is desirable to place stone or other durable monuments at the front or at the rear, or at the front and rear angles of the lots in any Concession or Range or part of a Concession or Range in their Township, City, Town or Incorporated Village, such Municipal Council may make 1859. Survey of Lands. Cap. 93. 917 make application to the Governor, in the same manner as is provided in the sixth and four following sections of this Act, praying him to cause a survey of such Concession or Range or part of a Concession or Range to be made, and such boun- daries to be planted, under the authority of the Commissioner of Crown Lands. 18 V. c. 83, s. 8. 13. The person or persons making such survey shall ac- To be marked eordingly plant stone or other durable monuments at the front, bysioneor p •' "^ 1 c 1 1 c 1 1 some other or. at the rear, or at the front and rear angles 01 each and every durable monu- lot in such Concession or Ran^e, or part of a Concession or "J^'Vili? _ J 1 1 • ■ e 11 • 1 placed at the Range, and the limits ot each lot so ascertained and marked angles. shall be the true limits thereof. 18 V. c. 83, s. 8. 13. The cost of survey shall be defrayed in the manner How cost to b« prescribed by the ninth and tenth sections of this Act. 18 V. ''"'f^y'*- c. 83, s. 8. 14. All boundary lines of Townships, 'Cities, Towns and Boundaries Villages, all Concession lines, governing points, and all boun- fhrauthorftr dary lines of Concessions, sections, blocks, gores and commons, oftheGovem- and all side-lines and limits of lots surveyed, and all posts or '^^em^ihe monuments, marked, placed or planted at the front angles of any true ones, ice, lots or parcels of land, under the authority of the Executive Government of the late Province of Quebec or of Upper Canada, or under the authority of the Executive Government of this Province, shall be the true and unalterable boundaries of all and every such Townships, Cities, Towns, Villages, Concessions, Sections, Blocks, Gores, Commons, and lots or parcels of land, respectively, whether the same upon admea- surement be found to contain the exact width, or more or less than the exact width mentioned or expressed in any Letters Patent, Grant or other Instrument in respect of such Township, City, Town, Village, Concession, Section, Block, Gore, Com- mon, lot or parcel of land. 12 V. c. 35, s. 32. 15. Every Township, City, Town, Village, Concession, Townships, Section, Block, Gore, common, lot or parcel of land, shall em- ^,^4 aiuhe" brace the whole width, contained between the front posts, space mciudei monuments or boundaries, planted or placed at the front angles ^^^'^^^^^ thereof respectively, so marked, placed or planted as afore- said, and no more nor less, any quantity or measure expressed in the original grant or patent thereof notwithstanding. 12 V. c. 35, s. 32. 16. Every patent, grant or instrument, purporting to be for a^ to aliquot any aliquot part of any such Township, City or Town, Village, l^lpl°il°'^' Concession, Section, Block, Gore, common, lot or parcel of land, shall be constraed to be a grant of such aliquot part of the quantity the same may contain, whether such quantity be more or less than that expressed in such patent, grant or instrument. 12 V. c. 35, s. 32. 17. 918 Cap. 93. Survey of Lands. 22 Vict. Rond allowan- ces in Cities, &c., to be pu- blic highways. 17. In every City, Town or Village in Upper Canada, which has been surveyed by the authority aforesaid, all al- lov/ances for any road, street, lane or common laid out in , the original survey of such City, Town or Village, shall be public highways and commons ; and all posts or monuments placed or planted in the original survey of such City, Town or Village, to designate or define any allowance for a road, street, lane, lot or common, shall be the true and unalterable boundaries of every such road, street, lane, lot and common ; and all Land Surveyors, employed to make surveys in such City, Town or Village shall follow and pursue the same rules and regulations in respect of such surveys a? is by law required of them when employed to make surveys in Townships. 12 V. c. 35, s. 33. Recital. As to lands granted in blocks and sub- sequently sur- veyed by the grantees. Governing lines declared. All side lines to be run pa- rallel to gov- erning lines. 18. Whereas many Townships, tracts or blocks of land in Upper Canada were granted by the Crown to companies and individuals before any surveys had been made therein, and such Townships, tracts or blocks of land were afterwards surveyed by the owners thereof-— All such surveys of such Townships, tracts or blocks of land, shall be original surveys thereof, and shall have the same force and effect as though the said original surveys and plans thereof had been made by the autho- rity aforesaid ; and all allowances for roads or commons . surveyed in such Townships, tracts or blocks of land, and laid down on the plans thereof, shall be public highways and commons ; and all lines run and marked in such original surveys, and all posts or monuments planted or placed in such original surveys, to designate and define any allowance for road, concession, lot of land or common, shall be the true and unalterable lines and boundaries of such allowance for road, common or lot of land, and all land Surveyors, when employed to make surveys in such Townships, tracts or blocks of land, shall follow and pursue the same rules and regulations in res- pect of such Tov/nships, tracts or blocks of land, and the original surveys thereof, as they are by law required to follow and pursue in all Townships, tracts or blocks of land surveyed by the authority aforesaid. 12 V. c. 35, s. 34. 19. The course of the boundary line of each and every concession, on that side from which the lots are numbered, shall be the course of the division or side lines throughout the several Townships or Concessions in Upper Canada, respectively, pro- vided that such division or side lines were intemied, in the original survey perfonned under such authority as aforesaid, to run parallel to the said boundary. J2 V. c. 35, s. 35. S©. Every Surveyor shall run all division or side-lines, which he may be called upon by the owner or owners of any" lands to survey, so as to correspond Avilh and be parallel to that boundary line of the concession in which such lands are situate, from whence the lots are numbered as aforesaid, pro- vided such division or side-lines were intended, in the original sTjrvey 1859. Survey of Lands. Cap. 93. ()]() survey performed under such competent, authority as aforesaid to ran parallel to the said boundary. 12 V. c. 35, s. 35. SI. When that end of a concession, from which the lots Course to be are numbered, is bounded by a Lake or River, or other natural adopted when boundary, or when it has not been run in the original survey boundeTby performed under competent authority as aforesaid, or when the '''^es or riviTs. course of the division or side-lines of the lots therein was not intended in the original survey performed as aforesaid, to run parallel to such boundary, the said division or side-lines shall run parallel to the boundary line at the other extremity of such concession, provided their course was intended, in the original survey performed as aforesaid, to be parallel thereto, and that such boundary line was run in the original survey. VzY. c. 35, s. 35. 2S. When in the original survey, performed under compe- When division tent authority as aforesaid, the course of the division or side 9''.*"'?';°^*"°' . ■' . ' . in, intended to run bnes m any concession was not intended to be parallel to the parallel to the boundary line at either end of such concession, thev shall be s'de imes at J / J oitQGr did 01 fi run at such angle with the course of the boundary line at that concession. end of the concession from which the lots are numbered, as is stated in the plan and field-notes of the original survey, of record in the Office of the Commissioner of Crown Lands, pro- vided such line was run in the original survey as aforesaid, or with the course of the boundary line at the other extremity of the said concession, if the boundary at that end of the conces- sion from which the lots are numbered was n9t run in the original survey ; or if neither of the aforesaid boundaries of the concession were run in tlie original purvey, or if the concession be bounded at each end by a Lake or River or other natural boundary, then at such angle with the course of the line in front of the said concession, as is stated in the plan and field- notes aforesaid. 12 V c. 35, s. 35. SS. If any division or side-line between lots, or proof-line whendivi- intended to be parallel to the division or side-lines between f.'oi or proof , ^ " . , ,.,..-, line has been lots, was drawn in any such concession in the original survey ^n between thereof, the division or side-lines between the lots therein lots, the same 11,,', ,.1 1 T • • • 1 !• r shall govern. shall be drawn paialiel to such division or side-line or prooi- line. 12 V. c. 35, s. 35. 94. When two or more such division or side-lines or proof- where there lines were drawn in the original survey of such conces- ?''®'^,'?,°v!,"f'' ^ f. -,. I'l* lines, the line sion, that division or side-line or proot-iine which is nearest to nearest the end the boundary of the concession from which the lots are num- of the conces- , „•' • , /. , 1- • ■ • T 1- sion, from bered, shall govern the course of the division or side-lines which the lots of all the lots in such concession between the boundary of the "tovern^tcftlie concession from which the lots are numbered and the next next of such division or side-line or proof-line drawn in the original survey, ''"^s. and such last mentioned line or proof-line shall govern the course of the division or side-lines of all the lots up to the next 920 Cap. 93. Survey of Lands. 22 Vict. next division or side-line or proof-line drawn in the original survey, or to the boundary of the concession towards which tlie lots are numbered, as the case may be. 12 V. c. 35, s. 35. How lines to be 3«5. In all thosc Townshjps in Upper Canada, which in the ?OT7n"wp°iaid o^'igio^l survey were divided into sections, agreeably to out in sections au Order in Council bearing date the Twenty-seventh day of oftlieSTth*^' March, one thousand eight hundred and twenty-nine, the di- Mareh, 1829. vision Or side-lines in all concessions, in any section shall be governed by the boundary lines of such section, in like man- ner as the division or side-lines in Townships originally surveyed before the said day are governed by the boundary lines of the concession in which the lots are situate. 12 V. c. 35, s. 35. What shall be 36. The front of each concession in any Township in Upper fronTof a^con- Canada, where only a single row of posts has been planted on cession in car- the Concession lines, and the lands have been described in tain cases. whole lots, sliall be that end or boundary of the concession which is nearest to the boundary of the Township, from which the several concessions thereof are numbered. 12 V. c. 35, s. 36. When, in 97. In those Townships in Upper Canada whicli are boundedm bounded in front by a river or lake where no posts or other front by rivers boundaries Were planted in the original survey on the bank Hnes'are'to'^be °^ sueh river Or lake to regulate the width in front of the lota drawn from in the broken front concessions, the division or side-lines of posts in rear of ,j-,g Jq|j. Jjj g^^^fj broken front concessions shall be drawn from the conce&siuii. i i i * i ■ i- • the posts or other boundaries on the concession line m rear thereof, parallel to the governing line determined as aforesaid When the front to the river or lake in front, and when the line in front of any line oi any con- gach Concession w^as not run in the original survey, the division cession was not . , ,. ,■ , i i ■ i n > r i run in the ori- or sidc-Jines ol the lots m such concession shall be run trom the ginai survey, original posts or monuments placed or planted on the front line of the concession in the rear thereof, parallel to the governingline determined as aforesaid to the depth of the concession — that is, to the centre of the space contained beiv/een the lines in front of the adjacent concessions, if the concessions were intended in the original survey to be of an equal depth or if they were not so in- tended, then to the proportionate depth intended in the original survey, as shown on the plan and field-notes tiiereof of record in the office of the Commissioner of Crown l^ands, having due respect to any allowance for a road or roads made in the original survey; and astraiglit line joining the extremities of the division or side-lines of any lot in such concession drawn as aforesaid, shall be the true boundary of that end of the lot which was nqt run in the original survey. \2 V. c. 36, .-. 36. Fronts of eon- 28. In those Townships in Upper Canada in which the tafn'other"'^'^" '^°"''®^^'°"® ^'^"^^ ^^^^ Surveyed with double fronts, that is, cases, depths of with po-ts Or monuments planted on both sides of the allow- lots, &c., ances for roads between the ccncessions, and the lands have been 1859. Survey of Lands. Cap. 93. 92 i been described in half lots, the division or side-lines shall be drawn from the posts at both ends to the centre of the conces- sion, and each end of such concession shall be the front of its respective half of such concession, and a straight line joining the extremities of the division or side-lines of any half lot in such concession, drawn as aforesaid, shall be the true boun- dary of that end of the half lot which has not been bounded in the original survey. 12 V. c. 35, s. 37. 39. And whereas some of the double front Concessions in Mode of diaw- the Townships in Upper Canada, are not of the full depth, and '"s '•"«? iQ , , ,^ , • . *u ■ u- u ^L J- ■ • double trontei doubts nave arisen as to the manner in which the division or conceesion*. side-lines in such concessions should be established : — Therefore in such concessions the division or side-lines shall be drawn from the posts at both ends thereof, to the centre of the con- cession, as provided in the last preceding section of this Act, without reference to the manner in which the lots or parts nf lots in such concession have been described for Patent. 18 V. c. 83, s. 9. 30. In those Townships in which each alternate concession Astoconce*- liiie only has been run in the original survey, but with double sions in cases fronts as aforesaid, the division or side-lines shall be dravyn concession lines from the posts or monuments on each side of such alternate °"'y ^^"^^ **«" concession lines to the depth of a concession, that is, to the centre of the space contained between such alternate conces- sion lines, if the concessions were intended in the original survey to be of an equal depth, or if they were not so intended, then to the proportionate depth intended in the original surrey, as shewn on the plan and field-notes thereof of record in the office of the Commissioner of Crown Lands; and each alter- nate concession line as aforesaid shall be the front of each of the two concessions abutting thereon,. 12 V. c. 35, s. 38. 31. In all cases were any Crown Patent of Gram, or olher as to lands ia Instrument, has been issued for several lots or parcels of land in adjoining con- .... , , , . , ,. '^ 1- -^ i- ^i_ cessions in - concessions adjoining each other, the side-hnes or limits oi the duded in the lots or parcels of land therein mentioned and expressed, shall »'*™e grant, commence at the front angles of such lots or pjircels of land re- spectively, and shall be run as hereinbefore provided, andshaii not continue on in a straight line, through several concessions, unless the -side-lines or limits, when run as aforesaid, inteisect the corresponding post or monument in the front of the conces- sion next m rear, that is to say, eacli such lot or parcel of land shall be. surveyed and bounded according to the provisions of this Act, independently of the other lots or parcels mentioned in the same grant or instrupient. la V. c. 35, s. 44. 39. Every Land Surveyor employed to run any division- Rule wlie» a line or side-line between lots, or any line required to run paral- Jj'"a^^'pamllol lei to any division-line or side-line* in the concession in which to a governing the land to be surveyed lies, shall, if it has not been done ■'"«■ before, 922 Cap. 93. Survey of Lands. 22 Vict before, or if it has been done, but the course cannot at such time be ascertained, determine by astronomical observation, the true course of a straight line between the front and rear ends of the governing boundary line of the concession or sec- tion, and shall run such division-line or side-line as aforesaid, truly parallel to such straight line, if so intended in the original survey, or at such angle therewith as is stated in the plan and field-notes as aforesaid, which shall be deemed to be the true course of the said governing or boundary line for all the pur- poses of this Act, although such governing or boundary line as marlced in the field be curved or deviate otherwise from a straight course ; and the same rule shall be observed, if a line is to be run at any angle with a front lirie or other line, which may not be straight. 12 V. c. 35, s. 39. Case where the 33. In all cases when any Land Surveyor is employed in monumenr' °'^ Upper Canada to run any side-line or limits between lots, and cannot be the original post or monument from which such line should foHn iFpper ^' commence cannot be found, he shall obtain the best evidence Canada. that the nature of the case admits of, respecting such side- line, post or limit ; but if the same cannot be satisfactorily as- certained, then the Surveyor shall measure the true distance between the nearest undisputed posts, limits or monuments, and divide such distance into such number of lots as the same contained in the original survey, assigning to each a breadth proportionate to that intended in such original survey, as shewn on the plan and field-notes thereof, of record in the office of the Commissioner of Crown Lands ; and if any portion of the line in front of the concession in which such lots are =ituate, or boundary of the Township in which such concession is situate, has been obliterated or lost, then the Surveyor shall run a line between the two nearest points or places where such line can be clearly and satisfactorily ascertained, in the manner pro- vided in this Act, and shall plant all such intermediate posts or monuments as he may be required to plant, in the line sc ascertained, having due respect to any allowance for a road ot roads, common or commons, set out in such original survey ; and the limits of each lot so found shall be the true limits thereof. 18 V. c. 83, s. 10. If side lines 34. In those townships in Upper Canada in which the side ■were drawn in jines of the lots were drawn in the original survey, every original survey, „ . . , , i o , n i * i "' ■ '' the same to be Provmcial Land Surveyor, when called vipon to determme any aclliered to. disputed boundary in any of such townships, sha^J ascertaiai and establish the division or side-lines of the lots, by running such side-lines as they were run in the original survey whether the same were in the original survey run frorr the front of the concession to the rear, or from the reai of the concession to the front, and shall adhere to all posts, li- mits or monumeiils, planted on the division or side-lines in the original survey, as being or designating comers of lots undei such original survey. 20 V. c. 73, s. L 33 1859'. Survey of Lands. Cnp. 93. 3>5. And whereas Towns and Villages in Upper Canada As to aiiowan- have been or may be surveyed and laid out by companies and afreets i™^*""^ individuals, and by different owners of the lands comprising Towns or vu- the same, and lands have been or may be sold therein according iJ*!? ^.j/yafe""^ to the surveys and plans thereof, therefore all allowances for roads, owners, streets or commons, which have been su rveyed in such Towns and Villages in Upper Canada, and laid down on the plans thereof, and upon which lots of land fronting on or adjoining such allow- ances for roads, streets or commons have been or may be sold to purchasers, shall be public highways, streets and commons ; and all lines which have been or maybe run, and the courses thereof given in the survey of sucli Towns and Villages, and laid down on the plans thereof, and all posts or monuments which have been or may be placed or planted in the first survey of such Towns and Villages to designate or define any such al- lowances for roads, streets, lots or commons, shall be the true and unalterable lines and boundaries thereof respectively. 12 V. c. 35, s. 41,— See 13, 14 V. c. 15. 36. No lot or lots of land in such Towns and Villages shall Townorv.Uage be so laid out as to interfere with, obstruct, shut up, or be |^fj"°'5°agto composed of any part of any allowance for road, common or interfere with cbmmons, which were surveyed and reserved in the original foTroadr^""^ survey of the Township or Townships wherein such Towns or Villages are or may be situate. 37. Any owner or owners of any such Town or Village, When owners or the owner or owners of any original division thereof, may °nXownor°"' amend or alter the first survey and plan of any such Town or Village lots, Village, or any original particular division thereof, provided ^^^fJ[;J^4^ ^J"" no lots of land have been sold fronting on or adjoining any street plan. or streets, common or commons where such alteration is made. 38. No such private survey shall be valid, unless performed Bywhompri- by a duly authorized Surveyor. 12 V. c. 35, s. 41. be performed. 39. The original owner or owners of the lands forming the original own- site of any Town or Village in Upper Canada, mentioned in ^^rs'to'd'eposit the four last preceding sections of this Act, or the agent or plan of towns agents, heirs or other legal representatives of the original "^j^^^^'fi^.'^Jf.'* owner or owners of any such Town or Village, or any origmal division thereof, shall, (if not already done) provide and deposit in the Registry Office of the County wherein such Town or Village is situate, a fair and correct plan or map of such Town or Village, or original division thereof, on a scale of not less than one inch to every four chains, and shalUay down thereon air roads, 'streets, lots and commons within the same, with the courses and width thereof respectively, and the width and length of all lots, and the courses of all division-lines between the respective lots within the same, together with such inform- ation as will show the lots, concessions, tracts or blocks of »i-,> land 924 Cap. 93. Survey of Lands. 22 Vict Plan to be cer- tified. land of the Township wherein such Town or Village is situate, 12 V. c. 35, s. 42. 40. Every such plan or map of every such Town or Village or original division thereof, shall be certified by some Land Surveyor, and also by the original owner or owners thereof, or the legal representative or representatives of such owner or owners, as being a correct plan , c tS 1 1 r i substituted for stead of the County Courts of England, as tar as respects any county Courts purpose of outlawry, or any proceedings therein. 55 G. 3, c. 2, i" England, s. 2. 8. The process upon every indictment to bring the person The first pro- indicted into Court, shall be a capias, in the usual form, issued fa^^',|,%" ^u be from the Court before which the indictment is found, directed a capiks or to the Sheriff of the County wherein the said Court is sitting. Bench warrant. commanding him to take the person indicted and to bring him before the said Court ; and if the person cannot be taken during the sitting of the said Court, then so soon after as he can be taken, to bring or cause him to be brought, before some Justice of the Peace of the County, to be dealt with according I0 law. 3. The capias shall be made returnable in the Court of KetumaWe in Queen's Bench or Common Pleas, on the first day of the term Q^J^°",Venoh next after the silting of the Court before which the indict- or Common ment is found ; and if upon the return of the writ the P''^'*^' Sheriff of the said County returns that the person therein named is not to be found in his County, then an alias writ of Then an Alias. Grand Jury. 20 V. c. 4, s. 2. 1859. Despatch of Business before Grand Juries. Cap. 109, 110. 957 3. The Foreman of every Grand Jury empannelled in Upper Witnesses ex- Canada, may administer an oath to every person who, under G^a^dV^^"*^ the circumstances hereafter enacted, appears before such Grand may be sworn Jury to give evidence in support of any Bill of Indictment ; and '"„ '^® presence every such person may be sworn and examined upon oath by ° ®^"™''*" such Grand Jury, touching the matters in question. 3. The name of every witness examined, or intended to be The names to so examined, shall be endorsed on the Bill of Indictment; te endorsed on and the Foreman of the Grand Jury shall write his initials marM w?th against the name of each witness sworn by him and examined 'he initials of touching such Bill of Indictment. "^'^ ^°'■"'"''"• 4. The name of every witness intended to be examined on The names to any Bill of Indictment shall be submitted to the Grand Jury by J'^ submitted T/-i /-t 1 1 A- 1 1 1 J J to the U-rand the Crown Counsel at the Assizes, and by the prosecutmg Jurybythe oificer acting on behalf of the Crown at all other Courts, and Sl"^and\OTe"" none others shall be examined by or before such Grand Jury, others exami- unless upon the written order of the presiding Judge. "®'' ^'"'°j"' 5. Nothing in this Act shall affect any Fees by law payable Fees to officers to any Officer of any Court for swearing witnesses, but such &>• swearing Fees shall remain payable as if the Witnesses had been sworn ^aa?ifsuai. in open Court. 20 V. c. 4, s. 1. 6. The word " Foreman" shall include any member of the interpretation Grand Jury who may, for the time being, act on behalf of the ofterms. Foreman in the examination of witnesses in support of any Bill of Indictment, and the word " Oath" shall include affirmation, where by law an affirmation is required or allowed to be taken in lieu of an oath. 20 V. c. 4, s. 3. CAP. ex. An Act to allow to any person indicted a Copy of the Indictment. HER Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows : 1. Any person indicted in any of Her Majesty's Courts in Copy of indict- Upper Canada, for any felony or misdemeanor, may apply uv®ered°topri-' to such Court for a copy of the indictment, and the same soner on pay- shall, with all convenient expedition, be made out and deli- {^f" chL^g's. vered to such person, upon payment to the Clerk or officer at the rate of fifteen cents for every one hundred words contained in such indictment ; but such copy shall not be received in evi- dence upon any trial for a malicious prosecution. 6 W. 4, c. 44, s. 2. CAP. 958 Cap. Ill, 113. Amendments at Trial, CAP. CXI. 22 Vict. Courts of re- cord including: Courts of Oyer and Terminer and General Gaol Delivery, Quarter Ses- sions and Re- corder's Courts may amend certain '^^ri- ances at llie trial, (fee. ' An Act respecting Amendments at Trial. HER Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows : I . Every Court of Record holding pleain Civil Actions, every Judge sitting in JVisi Prius, e very Court of Oyer and Terminer and General Gaol Delivery, and every Court of General Quarter Ses- sions of the Peace, including Recorder's Courts, in Upper Cana- da, may cause the record on which any trial may be pending before any such Court or Judge upon any indictment or infor- mation for any misdemeanor, when any variance appears be- tween any matter in writing or in print produced in evidence, and the recital or setting forth thereof upon the record whereon the trial is pending, to be forthwith amended in such particular by some officer of the Court, on payment of such costs (if any) to the other party as such Court or Judge may think reasonable, and thereupon the trial shall proceed as if no such variance had appeared ; and in case such trial be had at Nisi Prius, the or- der for the amendment shall be endorsed on the'postea and re- turned with the record, and thereupon the papers, rolls and other records of the Court, from which such record issued, shall be amended accordingly. 1 W. 4, c. 1, s. 1. CAP. CXI I. An Act respecting the reservation of Points of Law in Criminal Cases. HER Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows : Any Question ^ • When a person has been convicted of treason, felony of law may be or misdemeanor before any Court of Oyer and Terminer, Gaol cfrtaln Courts Delivery, or Quarter Sessions, including Recorder's Courts, for the opinion the Judge, Recorder or Justices of the Peace before whom SiiperiorCourts th^ case was tried, may, in his or their discretion, re^ ofLaw, (Sco. serve any question of law which arose on the trial, for the consideration of the Justices of either of Her Majesty's Su- perior Courts of Common Law, and thereupon may respite execution of the judgment on such conviction, or postpone the judgment, until such question has been considered and decided, and in either case, the Court at which the trial took place shall in its discretion, commit the person convicted to prison, or take a recognizance of bail, with one or two sufficient sureties, in such sum as the Court thinks fit, conditioned for his appearance at such time as the Court directs, to receive judgment or to render 1859. Points of Law reserved in Criminal cases. Cap. 112. 950" render himself in execution, as the case may be. 14, 15 V. c. 13, s. 1. 2. The Judge, Recorder, or Chairman of the Court of Quarter case to be Sessions, shall thereupon state in a case to be signed by such stated and cer- Judge, Recorder or Chairman, the question or questions of law su^lriOTCourt so reserved, with the special circumstances upon which the "^^""'^ same arose ; and such case shall be transmitted by such Judge, Recorder or Chairman to one or other of the said Superior Courts on or before the last day of the first week of the Term of such Superior Courts next after the time when such trial was had. 14, 15 V. c. 13,-s. 2. 3. The Justices of either of the Superior Courts to which the Powers of the case may be transmitted as aforesaid, shall hear and finally Judges of such determine the said questions, and reverse, affirm or amend ^"P'^"™^°"''' any judgment given on the indictment or inquisition on the trial whereof such questions arose, or shall avoid such judg- ment, or order an entry to be made on the record, that in the judgment of the said Jiistices the party convicted ought not to have been convicted, or shall arrest the judgment, or if no judgment has been given, shall order judgment to be given thereon atsome future Session of Oyer and Terminer or Gaol De- livery, or Sessions of the Peace or Recorder's Court, or shall make such other order as justice may require. 14, 15 V. c. 13, s. 2. 4. The judgment and order of the said Justices shall be judgment to b© certified under the hand of the Chief Justice or Senior Judge ?f^'''''?i''°"^f of such Court to the Clerk of Assize, or to the Clerk of the its°consequeti- Peace, or Recorder's Clerk, as the case may be, who shall enter '^^^ the same on the original record in proper form, and a certificate of such entry, under the hand of the Clerk of Assize, or the Clerk of the Peace, or the Recorder's Clerk, as the case may be, in the form as near as rnay be, or to the effect mentioned in the Schedule annexed to this Act, with the necessary alter- ations' to adapt it to the circumstances of the case, shall be delivered or transmitted by him to the Sheriff or Gaoler in whose custody the person convicted is, and the said certificate shall be sufficient warrant to such Sheriff or Gaoler, and all other persons, for the execution of the judgment, as so certified to have been affirmed or amended, and execution shall there- upon be executed on such judgment, or if the judgment has been reversed, avoided or arrested, the person convicted shall be discharged from further imprisonment, and the next Court of Oyer and Terminer or Gaol Delivery, or Sessions of the Peace, or Recorder's Court, shall vacate the recognizance of bail, if any ; or if the Court below be directed to give judgment, such Court shall proceed to give judgment at the next Session. 14, 15 v.. c. 13, s. 2. 5. 960 Cap. 112. Points of Law reserved in Criminal cases. 22 Vict. Howthejudg- 5. The judgments of the Justices of the said Superior SupenorCourt Courts shall be delivered in open Court, after hearing Counsel sh^lsbedeli- or the parties, in case the prosecutor or person convicted vered. thinlcs it fit that the case should be argued, in like manner as the judgments of the said Superior Courts are delivered. 14, 15 V. c. 13, s. 3. Case may be sent back for amendment. 6. The said Justices of the said Superior Courts, when a case has been reserved for their opinion, may, if they think fit, cause the case or certificate to be sent back for amendment, and judgment may be delivered after it has been amended. 14, 15 V. c. 13, s. 4. SCHEDULE. Whereas at the Session of the Peace, for the County {or United Counties or City) of , held on before and others, their fellows (or at the Session of Oyer and Terminer and Gaol Delivery, held for the Cbunty (or United Counties) of , on before the Honorable , one of the Justices of the Court of , and others, his fellows. Justices of Oyer and Terminer and Gaol Delivery,) A. B., late of , having been found guilty of felony, and judgment thereon given, that {state the substance,) the Court before whom he was tried reserved a certain question of law for the consideration of the Justices of one of the Superior Courts of Common Law, and execution was thereupon respited in the meantime {as the case may be) ; This is to certify that the Justices of the Court of Queen's Bench {or Common Pleas) having met at Toronto, in Term, or the sittings after Term, it was considered by the said Justices there, that the Judgment aforesaid should be annulled, and an entry made on the record, that the said A. B. ought not, in the Judgment of the said Justices, to have been convicted of the felony aforesaid ; and you are therefore hereby required forthwith to discharge the said A. B. from your custody. (Signed, E. F. Clerk of the Peace for the County {or United Counties of {or Recorder's Clerk of the City of , or Clerk of Assize of case may be.) To the Sheriff of the Gaoler of all others whom it may concern. as the and ' and C AP 1859. New Trials and Appeals, (^c. Cap. 113. 9^51 CAP. C X I 1 1 . An Act respecting- new Trials and Appeals and Writs of Error in Criminal Cases in Upper Canada. HER Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows : 1. When a person has been convicted of any treason, felony Persons Con- or misdemeanor, before a Court of Oyer and Terminer, or ™'*^^°^ •''*"-='■ Gaol Delivery, or Quarter Sessions, such person may apply for a mMemeanor, new trial upon any point of law or question of fact, in as ample ™^y apply for a a manner as any person may apply to the Superior Courts of to what Court. Common Law for a new trial in a civil action. 20 V. c. 61, s. 1. ' 3. When the conviction takes place at a Court of Oyer To one of the and Terminer or Gaol Delivery, the application shall be to one Iconvi'cted"^^ of the Superior Courts of Common Law ; but shall not be enter- the Assizes. tained unless made on or before the last day of the first week of the Term next succeeding the Court of Oyer and Terminer or Gaol Delivery at which the conviction takes place. 20 V. c. 61, ss. 1, 3. 3. In such case if the conviction be affirmed by the Superior if the Superior Court, the person convicted may appeal to the Court of Error co°n™ti^Mh'e and Appeal ; Provided the appeal be allowed by the Superior person eonVict- Court, or by two of the Judges thereof, in term or vacation ; ^othe^JoSn^of But such allowance shall not be granted nor the appeal heard Error and Ap- except within six months after the conviction has been P'^*'' affirmed, unless otherwise ordered by the Court of Error and Appeal. 20 V. c. 61, s. 4. See ante c. 13, s. 29, p. 67. 4. ^nv rule or order of the Court of Error and Appeal shall ^"jf^ °'' °J'^^^ i_ j^ '1 r.rw -tr iJi A ofCourtofAp- be final. 20 V. c. 61, s. 4. peal final. 5. In a case of capital felony, no sentence of death shall Delay of exe- be passed to take effect until after the expiration of the Term fe"c°e"ofdelL°h. of the Superior Courts of Common Law next succeeding the sitting of the Court at which the sentence of death is passed. 20 y. c. 61, s. 6,-22 V. c. 9. 6. When the conviction takes place at a Court of Quar- 1/ convicted at ter Sessions, the application for a new trial shall be to such Q„a°rter°Ses- Court. 20 V. C. 61, S. 1. sions, applica- tion to be to 7. In such case, if the conviction be affirmed, a further appeal Appeal to the shall lie to either of the Superior Courts of Common Law. 20 SuperiorCouri.? V „ Rl „ o of Common V. C. bl, S. 2. Law. Ill 8. 9G2 Cap. 113. New Trials and Appeals, SfC. 22 Vict. Case to be 8. In the event of such an Appeal, the Court of Quarter Ses- Coun appealed ®i°"^ ^^^^^ ^^^'^ i" a oase to be prepared by the Appellant, and from. approved by the Court, and signed by the Chairman or Re- corder, the question or questions of law or fact upon which the new trial was applied for, together with the circumstances upon which the same arose, and the judgment of the Court with the reasons therefor. 20 V. c. 61, s. 2. ■When and how ©. The case shall be transmitted by the Court of Quarter be transmitted. Sessions to one of the Superior Courts of Common Law on or before the first day of the Term of the Superior Court next after the time when the rule or order appealed from was made. 20 V. c. 61, s. 2. Judgment final. J©. The judgment of the Superior Court on the appeal from the Quarter Sessions shall be final. 20 V. c. 61, s. 2. GF.NERAL POWERS. Court to have 11- The Court to which an application for a new trial is poj^'''ohear made, either in the first place or by way of Appeal, shall have all questions of power to hear and determine the questions of law and fact in- law, &c. volved in the application, and shall affirm the conviction or order a new trial, or otherwise, as justice requires. 20 V. c. 61, s. 2. If new trial granted. Court to make order, &c. Court may make rules. 13. In case a new trial be granted, the same proceedings shall take place as to any future trial or the commitment or bailing of the person convicted, as if no conviction had taken place. 20 V. c. 61, s. 1. 1 3. In case a neAr trial be refused, the Court shall make such order for carrying out the sentence already passed, or for passing sentence if none has been passed, or for the discharge of the person so convicted on bail, or otherwise, as justice requires. 20 V. c. 61, ss. 2, 4. 14. The Court may in every case make such other rules and orders as are necessary to carry into effect any judgment pro- nounced under this Act. 20 V. c. 61, ss. 2, 3. Judges to make 15. The Judges of the Superior Courts of Common Law, S^wt'to LhTs"^ or a majority of them, and the Court of Error and Appeal, res- Act, pectively, may from time to time make such general rules and orders as they consider necessary more effectually to carry out the provisions of this Act. 20 V. c. 61, s. 6. Writsof Error 1 6- When by the Law of England a Writ of Error might on ■when and from [\^q twenty -fourth day of February, one thousand eight hun- issuable; dred and thirty-five, have been sued out of Chancery returp; able in the Court of King's Bench, for removing the Record of the Judgment of an Inferior Court of Record, in order to its examination 1859. New Trials and Appeals^ ^c. Cap. 113, 114. 963 examination upon Errors assigned, each of the Courts of Queen's Bench and Common Pleas in Upper Canada, may in similar cases, and for the lilfe purpose, issue a Writ of Error, which Writ shall run in the name of the Queen, and be tested and returnable like other Writs of the Court. 5 W. 4, c. 2, s. 1. 17. Whenever in a criminal case any Writ of Error has been Whatjudgmeat brought upon any judgment or any indictment, information, pre- "^y be pro- sentment or inquisition, and the Court of Error reverses the Courrof ^rror, judgment, the Court of Error may either pronounce the proper judgment, or remit the record to the Court below, in order thdt such Coart may pronounce the proper judgment upon such in- dictment, information, presentment or inquisition. 14, 15 V. c. 13, s. 5. 18 Recorde In this Act the words " Quarter Sessions,'' include interpretation 3r's(.our1s 20 V. c. 61, s. 2. v • CAP. CXI V. case mat- An Act respecting Appeals in cases of Summary Con- viction. HER Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows : 1. In case a person complainant or defendant, thinks Appeal givea hiipself aggrieved by an order, decision or conviction before any ^^hevelhe Justice or Justices of the Peace, Mayor, or Police Magistrate, terisnota in any matter cognizable by such Justice or Justices of the Peace, ''"'"®' Mayor or Police Magistrate, not being a crime, then in case within four days after the conviction, order or decision, and eight days before the first Quarter Sessions ofthe Peace, to be held not sooner than twelve daysnext after such order, decision or con- viction, the party aggrieved gives to the other party, or leaves with the convicting Justice for him, a notice in writing of his inten- tion to appeal and of the cause and matter thereof, and in case of an appellant in custody if he either remains in custody until such Sessions, or enters into a recognizance with two sufficient sureties before a Justice of the Peace, conditioned to appear at the said Quarter Sessions, and try such appeal and to abide the judgment of the Court thereupon, and to pay such costs as shall be by the Court awarded, or in case the appellant be on bail, if he enters into such recognizance as aforesaid, such appel- lant may appeal to such Court of Quarter Sessions, and such Court shall at such Sessions hear and determine the matter of such appeal, and make such order therein, with or without costs to either party, as to the Court seems meet ; and in case courttohear of the dismissal of the appeal or of the affirmance of the order, and deiermina decision or conviction, the Court shall order and adjudge the order, decision or conviction to be enforced and the appellant II i2 to 964 Cap. 114. Summary Conviction. 22 Vict. to pay such costs as may be awarded, and shall if necessary issue process for enforcing the judgment of the Court. 13, 14 V. c. 54, s.. 1. In what case 3. In case a party in custody has given notice of appeal ^=l'f " '"^5^''' and entered into a recognizance according to the provisions of berate parties. ^, p . . ,° , , . , ? , ^ , the loregomg section, then the Justice beiore whom such recog- nizance was entered into shall liberate such party. Jury to be em- paimelled on , the request of either party to appeal. 3. Whenever any appeal is made from the decision, order or conviction of any Justice, Mayor or Police Magistrate, the Court of Quarter Sessions, appealed to, shall, at the request of either appellant or respondent, erapannel a Jury to try the matter on which such decision has been made, ' and shall administer to such Jury the following oath : " You do solemnly swear that you will well and truly try the " matter of the complaint of C. D. against E. F. and a true yer- " diet give according to the evidence. So help you God." Appeal may be abandoned. Proceedings in such case. Appeals to lie in cases under By-laws of a Municipality. And the Court on the finding; of such Jury shall thereupon give such Judgment as the circumstances of the case require, not however exceeding the amount of penalty or period of im- prisonment that imight have been imposed or awarded under any law giving cognizance to the convicting Justice, Mayor, or Police Magistrate. 13, 14 V. c. 54, s. 2. 4:. Any appellant may abandon his appeal by giving the opposite party notice of such intention in writing six days before the Sessions appealed to, and thereupon the convicting Justice, Mayor or Police Magistrate may tax the respondent's additional costs if any, and add the same to the original costs, and proceed on the original order, decision or conviction, in the same manner as if there had been no appeal thereon. 13, 14 V. c. 54, s. 3. 5. An appeal shall lie in like manner from all decisions, orders and convictions made by any Justice of the Peace, or by any person authorized to act in that capacity upon com- plaints against any person for committing any offence against any By-Law of any Municipal Council. 16 V. c. 178, s. 26. "Quarter Ses- sions " to in- clude Record- er's Courts. 6. In this Act the words " Quarter Sessions" include Re- corder's Courts. C AP . 1859. Commuting of Sente-nce. Cap. 115, 116. 955 CAP. CX V. An Act respecting the punishment of certain ofTences, and the Commuting of Sentence of Dieath in certain cases. HER Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows : 1 . In case of the conviction of any person for a felonious rescue Persons Con- or for assaulting with any weapon a Sheriff, or other Peace Offi- ™?*^ °^^ ^'^- . ., .. e \S- J 4. e • e r ^ lonious rescue, cer, in the execution 01 his daty ; or 01 perjury; or ol fraud; or &c., how pu- cheating ; or conspiracy ; or of assisting in or attempting to effect "'sJied. the escape of a prisoner confined for a felony or other crime, whether before or after conviction — the person convicted of any such offence may be sentenced to be imprisoned only, or impri- soned and kept to hard labour, or in solitary confinement in the Common Gaol or House of Correction, foranyperiod less than two years, or may be imprisoned at hard labour in the Penitentiary, for any term not less than two and not exceeding seven years. 7 W. 4, c. 6, s. 1. 2. The Governor may commute the Sentence of Death Governor may passed upon any person convicted of a capital crime, other than commute sen- hiffh treason or murder, and with authority from Her Majesty, '™,''^ °. ®^' " ° - 1 !• 1 ■ 1 ' 1 ■',•'.' when m cases upon any person convicted of high treason or murder, to soli- of high treason tary confinement or to confinement with or without hard labour °'' murder. in the Common Gaol or House of Correction for any period less than two years or in the Penitentiary either during life or for any term of years not less than two years ; and an Instrument under the hand and seal of the Governor, declar- ing such commutation of sentence, shall be sufficient authority to any of Her Majesty's Judges or Justices in Upper Canada, having jurisdiction in such cases, to make such orders, and give such directions, under his hand and seal, as may be requi- site for the change of custody of such convict, and for his con- duct to and delivery at such Gaol, House of Correction or Penitentiary, and his detention therein, according to the terms on which his sentence has been commuted. 7 W. 4, c. 6, s. 3. CAP. CX VI. An Act respecting Corruption of Blood. HER Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows : 1. Except in cases of High Treason, and of abetting, pro- Except for high curing or counselling the same, an attainder for felony, shall not •reason, no ai- extend 966 Cap. 116, 117. Corruption of Blood. 22 Vict, tainder to dis- extend to the desinheriting of any heir, nor to the prejudice of inherit the heir at-law. the right or title of any person, other than the right or title of the ofi'ender daring his natural life, only. After death of 3. Every person to whom, after the death of any such the pefs™ at- offender, the right or interest to or in any lands, tenements or tainted, the heir ' & J . ' .^ may enter. hereditaments should or would have appertamed it no such attainder had taken place, may enter into the same. 3 W. 4, c. 4. CAP. CXVI [. An A.ct respecting Estreats. HER Majesty, by and with the advice and consent of the Le- gislative Council and Assembly of Canada, enacts as fol- lows : All fines, &(;., 1. Unless otherw-ise provided, all fines, issues, amerciaments davs'fron'^ad-^^ ^^^ forfeited recognizances, set, imposed,' lost or forfeited, by journment of or before any Court of Oyer and Terminer, or GeneralGaol tered'on aroil .Delivery, or before any Court of Assize and Nisi Prius, shall, by Clerk of Within twenty-oue days from the adjournment of such Court, *^""^" be fairly entered and extracted on a roll, by the Clerk of Assize, or in case of his death or absence, by any other person under the direction of the Judge who presided at such Court; which roll shall be made in duplicate, and be .signed by the Clerk of Assize, or in case of his death or absence, bv such Judge. 7 W. 4, c. 10, s. 1. One copy ofroU 9. One of the said roUs shall be transmitted to the office of Ctok'of the ^^® ^^'^^'^ °f ^^^ Crown and Pleas of the Court of Queen's Crown within Bench on or before the first day of the term next succeeding time mentKined ^jjg Court, by or before which such fines and lorfeilures to the Sheriff Were imposed or forfeited, and the other of such rolls shall, so of the County, ggon as the same is prepared, be sent by the Clerk of Assize, or in case of his death or absence, shall be sent by such Judge as aforesaid, with a Writ of Fieri Facias and Capias, accor- ding to the form to this Act annexed, to the Sheriff of the Mode of pro- County in and for which such Court was holden ; and seeding to levy gup]^ \Yi.it 5.|;]a,ll be authority to the Sheriff for proceeding to the immediate levying and recovering oi such tines, issues, amer- ciaments and forfeited recognizances, on the goods and chat- tels, lands and tenements of the several persons named therein, or for taking into custody ihe bodies of such persons respectively, in case sufficient goods and chattels, lands or tenements cannot be found, whereof the sums required can be made ; and every person «o taken shall be lodged in the Common Gaol of the County, until satisfaction be made, or until the Court of Queen's Bench or Common Pleas, upon cause shewn by the party as hereinafter mentioned, tnakes an order in fine, &c. 1869. Estreats. Cap. 117. 957 in the case, and until such order has been fully complied with 7 W. 4, c. 10, s. 2. J f 3. All fines, issues, .amerciaments and forfeited re cogni- Fines, &o., in- zances, not otherwise provided for, set, imposed, lost or for- ''"'''■'''' ^' ^^- . feited, by or before any Court of General Quarter Sessions of Sessio?s"to'be the Peace, shall, within twenty-one days after the adjournment entered and ex- of such Court, be fairly entered and extracted on a roil by the lrdupiicate.'°" Clerk of the Peace, which roll shall be made out in duplicate, and shall be signed by the Clerk of the Peace. 7 W. 4, c. 10, 4. One of the said rolls shall remain deposited in the office Howroiisdis- of the Clerk of the Peace, and the other of such rolls shall, so posed of and soon as the same is preparecl, be sent by the Clerk of the Peace, sued."""" "*' with a Writ of Fieri Facias and Capias, according to the form to this Act annexed, to the Sheriff of the County in which such Court of Quarter Sessions was held. 5. Such Writ shall be authority to the Sheriff for pro- Dut/ofSlieriff ceeding to the immediate levying and recovering of such fines, ""'^'^'' "''' ^'^^' issues, amerciaments and forfeited recognizances, on the goods and chattels, lands and tenements of the several persons named therein, or for taking into custody the bodies of such per- sons respectively, in case sufficient goods and chattels, lands or tenements cannot be found, whereof the sums required can be made; and every person so taken shall be lodged in the Com- mon Gaol of the County until satisfaction be made, or until the Court of General Quarter Sessions of such County, upon cause shewn by the; party as hereinafter mentioned, makes an order in the case, and until such order has been fully complied with. 7 W. 4, c. 10, s. 4. 6. Except in the cases of persons bound hf recognizance for Court may for- their appearance or for whose appearance anv other person has I'ear estreatmg , '•, , *^^. , ■• •^ ,V I • 1 recognizance become bound to prosecute or give evidence, and lor which under certain provision is made in the Consolidated Statute of Canada, respect- circumsfnces. ing the Procedure in Criminal Cases, in every case of default whereby a recognizance has become forfeited, if the cause of absence be made known to the Court in which the payty was bound to appear, the Codrt, on consideration of such cause, and considering also whether by the non-appearance of such person the ends of justice have been defeated or delayed, may forbear to order the recognizance to be estreated ; and with respect to all recognizances estreated and all fines imposed by any Court, for the non-attendance of any Juror or Constable, or of any pu- blic officer bound to attend at such Court, if it appears to the satisfaction of the Judge who presided at such Court, or in the case of proceedings before any Court of General Quarter Ses- sions of the Peace, if it appears to the Chairfnari and any two of the Justices who presided at such Court, that the absence- of the person for whose appearance any recognizance was entered 968 Cap. 117. Estreats. 22 Vict. entered into, or that the absence of any person fined for non- attendance, was owing to circumstances which rendered such absence justifiable, such Judge or the Chairman and Jus- tices aforesaid may make an order directing that the sum forfeited upon such estreated recognizance, or the fine imposed in any such case as aforesaid, shall not be levied. 7 W. 4, c. 10, s. 5. Judgeof Assize 7. And for such purpose, the Clerk of Assize, or Clerk of or chairmaii the Peace, before sending to the Sheriff any roll, with a Writ ria to 'forbear" of Fieri Facias and Capias, as directed by this Act, shall levyingfines,^ Submit the same to the Judge who presided at the Assizes, or tain'circum-'^'' to the Chairman who presided at the Court of Quarter Sessions, stances. for his revision ; and such Judge, or such Chairman taking to his assistance two of the Justices who presided with him at the Sessions, may make a minute on the said roll and Writ» of any such forfeited recognizances and fines as he or they think fit to direct not to be levied ; and the Sheriif shall observe the direction in such minute written upon such roll and Writ, or endorsed tiiereon, and shall forbear accordingly to levy any such forfeited recognizance or fine. 7 W. 4, c. 10, s. 5. Mode of pro- 8. If Upon any Writ issued under this Act, the Sheriff takes ismdsare^e^'ed ^^^^^ o^ tenements in execution, he shall advertise the samCiin for payment of like manner as he is required to do before the sale of lands in fines, ice. execution in other cases ; and no sale shall take place in less than twelve months from the time the Writ came to the hands of the Sheriff". 7 W. 4^ c. 10, s. 6. Clerk of Assize ®. The Clerk of Assize, or Clerk of the Peace, shall, at toma'ue fffl-"*^ ^^^ f°°' °^ each roU made out as herein directed, make and davit. take an affidavit in the following form, that is to say : Oath tobe taken " J^ A. B., {describing his office^) make oath that this roll is arfoot ofToii by " truly and carefully made up and examined, and that all Clerk of Assize " fines, issues, amerciaments, recognizances and forfeitures Peace.* "" '^ " which Were set, lost, imposed or forfeited, at or by the Court " therein mentioned, and which in right and due course of law " ought to be levied and paid, are, to the best of my knowledge " and understanding, inserted in the said roll ; and that in the " said roll are also coatained and expressed all such fines as " have been paid to or received by me, either in Court or " otherwise, without any wilful discharge, omission, misnomer " or defect whatsoever. So help me God." Which oath any Justice of the Peace for the County is hereby authorized to administer. 7 W. 4, c. 10, s. 7. Couditious 10. If any person on whose goods and chattels a Sheriff, upon which a bailiff or Other officer is authorized to levy any such forfeited looliofa'^ recognizance, gives security to the said Sheriff or other officer, 1859. Estreats. Cap. 117. ggg officer, for liis appearance at the return day mentioned in party in custody the Writ, in the Court into which such Writ is returnable, "fihe Sheriff then and there to abide the decision of such Court, and also to Sdf '^' pay such forfeited recognizance, or sum of money to be paid in lieu or satisfaction thereof, together with all such expenses as may be adjudged and ordered by the Court, such Sheriff or officer shall discharge such person out of custody ; and in case such person does not appear in pursuance of his under- taking, the Court may forthwith issue a Writ of Fieri Facias and Capias against the surety or sureties of the person so bound as aforesaid. 7 W. 4, c. 10, s. 9. 1 1 . The Court of Queen's Bench or Common PJeas, or Court Court under ol General Quarter Sessions, into which any Writ of Fieri ^fanc'^ ma""'' Facias and Capias, issued under this Act, is returnable, discharg™ftj- may inquire into the circumstances of the case, and may, in ances'&c^"'^" itsidiscretion, order the discharge of the whole of the forfeited. "''^'' recognizance, or sum of money paid or to be paid in lieu or satisfaction thereof, and make such order thereon as may to such Court appear just; and such order shall accordingly be a disciiarge to the Sheriff, or to the party, according to the cir- cumstances of the case. 7 W. 4, c. 10, s. 10. 13. The Sheriff to whom any Writ is directed under this Manner of re- Act, shall return the same on the day on which the same is t"™ i^y Sheriff, made returnable^ and shall state on the back of the roll attached to such Writ, what has been done in the execution thereof ; land such return shall be filed in the Court into which such re- turn is made. 13. A copy of such roll and return, certified by the Clerk Copyofroiiand of the Peace, or by the Clerk of the Crown, (as the case may be,) STedve/™' shall be forthwith transmitted to the Receiver General of the Genera). Province, with a minute thereon of any of the sums therein mentioned, which have been remitted bv- order of the Court, in the '.vliole or in part, or directed to be iorborne, under the au- thprity of this Act. 7 W. 4, c. 11, s. 11. 14. The Sheriff shall, without delay, pay over all moneys Sheriff to pay by him collected to the Receiver General, or other person en- J? tieceiver titled to receive the same. 7 W. 4, c. 11, s. 12. person entitled. 15. This Act is not to affect the provisions of the Consolidated This Act not to Statute of Canada, respecting the Procedure in Criminal Cases ^stons' of fhe' ; relating to the Estreat of the recognizance of any person bound Consolidated for his appearance or for the appearance of any other person to ss'.^n9^'i26. ' prosecute or give evidence in any case of felony or misdemeanor, or to answer for any common assault or to articles of the Peace. 4, 5 V. c. 24, s. 49. 16. The words " Quarter Sessions" include " Recorder's ^§'o"„^"toincMe Court." "Recorder's FORM. <^°""" 970 Cap. 117,118. Estreats. 22 Vict. FORM. Victoria, by ihe Grace of God, &c. To the Sheriff' of , Greeting : You are hereby commanded to levy of the goods and chattels, lands and tenements, of all and singular, the per- sons mentioned in the roll or extract to this Writ annexed^ all and singular the debts and sums of money upon them severally imposed and charged, as therein is specified ; and if any of the said several debts cannot be levied, by reason of no goods or chattels, lands or tenements being to be found belonging to the said parties, respectively, then and in all such cases, that you take the bodies of such parties, and keep them safely in the Gaol of your County, there to abide the judgment of our Court of Queen's Bench {or Common Pleas or Court of General Quarter Sessions, as the case vuty be,) upon any matter to be shewn by them, respectively, or othervirise to remain in your custody as aforesaid, until such debt is satisfied, unless any of such persons respectively gives sufficient security for his appear- ance at the said Court, on the return day hereof, for which you will be held answerable ; and what you do in the premises make appear (before us in our Court of Queen's Bench) {or Common Pleas at Toronto, or at the next Court of General Quarter Sessions of the Peace, as the case may be,) on the day of term next, and have then and there this Writ. Witness, &c., A. B., Clerk of Assize, at the last Assizes, {or C. 1)., Clerk of the Peace or Clerk of the Recorder's Court) for the County or City of , this day of , l8 . CAP. c X V HI. Au Act respecting the appropriation of Fines in cer- tain cases. HER Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows : The portion of '■ In all cases not Otherwise provided for in which, bj' the all fines distri- criminal law of England in force in Upper Canada, the whole llawoflEno-- ^^ ^^V P^'"'- ^^ ^ ^^^ °^ penalty imposed for the punishment land to the poor of any offence is in any manner appropriated for the support the Trea^urera of the poor, or to any parochial or other purpose, inapplicable of the Counties to the existing state of Upper Canada, such fine or penalty, the^p'uroos'e's of *^'' ^''® P^'"'' thereof SO appropriated, shall when received be paid such Counties to the Treasurer of the Coimty or Chamberlain of the City in or Cities. which the conviction has taken place, to be appropriated to the purposes thereof, and accounted for in the same manner as the 1859. Appropriation of Fines. Cap. 118, 119. g-j-jn the general rates and assessntients levied therein are applicable and accountable by law. II G. 4, c. 1. 3. Every fine and penalty imposed for the punishment of any What fines, offence prohibited by any Statute having f(jrce of law in Upper '^^(^ ^^^^ ^ Canada only, and for the appropriation of which fine or penalty SeceiVerGene- no 01 her provision is made, and any duty or sum of money and [?' '" f^ °^,""' the proceeds of any forfeiture by any such Statute given to the Jievem'ie^Fund. Crown shall be paid into the hands of the Receiver General and shall form part of " The Consolidated Revenue Fund." 7 W.4,c. 14, s. 5. 3. All fines and penalties imposed upon and levied in the Certain fines to- several Counties in Upper Canada, not payable to the Recei- ^° towards ver General or to any Municipal Corporation, and all fines upon fSs!"*^" Jurors for non-attendance levied therein, shall be paid to the Treasurers of each of the said Counties respectively, and shall form part of the fund for the payment of Petit Jurors. 22 V'. c. 100, s. 149. CAP. CXIX. An Act* respecting the Fees of Counsel and other Ministers of Justice. HER Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows : 1. When not otherwise provided by law, the Courts of xiie Superior Queen's Bench and Common Pleas may from time to time Courts of J-.aw- jointly determine and by rule or order declare the fees to be orfee"to be allowed to any Clerk of the Crown, Counsel, Attorney, allowed j" Cri- Sheriff, or other officer or person for or in respect of any "hequer" oases" business done or transacted in either of the said Courts in Cri- minal Prosecutions, and in all matters, causes and proceedings which regard the Queen's Revenue, and in all Prosecutions, matters and proceedings under any Commission or Court of Oyer and Terminer and General Gaol Delivery, or under any ^Special Commission or Court of Oyer and Terminer. 2 G. 4, c. 1, s. 45. 2. The table of fees for services rendered in the adminis- ^<=es fixed by tration of justice, and for other County purposes, by Sheriffs, sions%^nd^ap- Coroners, Clerks of the Peace, Constables and Criers, heretofore proved of by the- framed by the Justices of the Peace of their respective Counties tmued!"""' in quarter sessions assembled and confirmed by the Judges of the Court of Queen's Bench at Toronto, is to continue until otherwise appointed, and the Chief Justices and other Judges of the Superior Courts of Common Law at Toronto msiy, from unt;i altered, time to time, as occasion requires, by rule or rules by tliem made in term time, appoint the fees to be taken and received by 972 Cap. 119. Fees of Counsel, Sfc: 22 Vict by such Sheriffs, Coroners, Clerks of the Peace, Constables and Criers, for such services as aforesaid. 8 V. c. 38, s. 1. Mode of levy- 3. All per centage, fees or allowances, on levying fines and ing ees. recognizances, may be levied over and above the amount of such fines and recognizances, and all fees on services in the nature of a civil remedy, for individuals at whose instance and for whose private benefit the same are performed, shall be paid by such individuals, and iho Judges shall, in tables to be by them framed as aforesaid, distinguish the fee to be paid by private individuals, and except as herein or otherwise provided by law, all other fees shall be paid oat of the County funds. 8V;c. 38,s. 2. ■Bjr whom costs 4, {n case any person be convicted before any Court of for'assauu and Quarter Sessions of any assault and battery, or other misde- ^attery to be meanor, such person shall pay such costs as may be allowed ^^' ■ and taxed by the Court, but in case any Defendant or Defendants be acquitted, the costs of the prosecution, when not otherwise provided by law, shall be paid out of the County funds. 8 V. c. 38, s. 3. In case of fe- 5. When any person is yjrosecuted or tried for felony and paiciouTofthe'"' convicted or acquitted, or otherwise discharged, the costs of County funds, prosecution when not otherwise provided by law shall be paid out of the County funds. 8 V. c. 38, s. 3. Fees for ser- 6. Nothing herein contained shall deprive any of the ti'oned^th'erem' before mentioned Officers of such fees as are allowed by any Act of Parliament, for other services not herein provided for 8 V. c. 38, s. 3. County Trea- 7. The Treasurer of every County shall, without further an surer'sduty. thority, pay the amount of the fees, which are payable onto County funds, when duly allowed by the Magistrates in Quarte: Sessions assembled, as in the order prescribed by law for the payment of the expenses of the administration of justice, tha is to say, after the expenses of levying and collecting and ma naging the rates and taxes imposed in any County are paid all sums of money payable out of the funds of any County tc the Sheriff, Coroner, Gaoler, Surgeon of the County Gaol, or t( any other Officer or person, for the support, care or safe keep ing of the prisoners in the County Gaol, or for the repairing anc maintaining of the Court House or Gaol, or for any other pur pose whatever connected with the administration of justice within the County, shall be paid out of the County funds b} the Treasurer before and when not otherwise provided by lav in preference to all other charges. 8 V. c. 38, s. 6,-4, 5 V c. 10, s. 59,-22 V. c. 15, s. 2, No. 3, (1859.) Penalty for any 8. If any Officer hereinbefore mentioned wilfully and know officer taking inglv demands or receives any other or greater fee or allowanci atigher lees ior ° •' J d ^^^ ,1859. Fees of Counsel, Sfc. Cap. 119. 973. '^than the fee and allowance established as aforesaid, for any of the said ser- the services performed by them respectively, unless allowed by ^''=*^- some other Act of Parliament for other services as aforesaid, he shall, for every such offence, forfeit and pay the sum of forty dollars, to any person who sues therefor, in any Court having competent jurisdiction to hear and determine the same. 8 V. c. 38, s. 4. 9. All such suits and actions must be brought before the jL,imi,atioii of end of six months after the offence committed, and not suits for pe- otherwise. 8 V. c. 38, s. 6. "^i"*'- 10. Nothing in this Act is to affect the provisions of the Act respecting the expenses of the administration of Justice in criminal matters in Upper Canada. See next Chapter.) 11. The following fees, and no others, shall be taken by Fees receivable- Justices of the Peace in Upper Canada, or by their Clerks, for byJ"f<»c«sof ... 1 . . "^ . /. '.':.. ' the Jreace. the duties and services hereinatter mentioned, that is to say : 14, 15 V. c. 119, s. 2. For an information and Warrant for apprehension, or for an information and Summons for assault, trespass, or other misde- meanor, fifty cents ; For each copy of Summons to be served on defendant or defendants, ten cents ; 'i- ' For a Subpcena^ ten cents, — only one on each side being charged for in each case, and which may contain any number of names ; and if the justice of the case requires it, additional Subpcenas shall be issued without charge ; ' For every Recognizance, twenty-five cents, only one to be charged in each case ; For every Certificate of Recognizance under the Act respect- ing Estreats, twenty-five cents ; For information and Warrant for surety of the peace for good behaviour, to be paid by complainant, fifty cents ; For Warrant of Commitment for default of surety to keep peace or good behaviour, to be paid by complainant, fifty cents. '" 12. The costs to be charged in all cases of convictions. Fees in cases- where the fees are not expressly prescribed by any Statute, p°OTider''^ shall be as follows, that is to say : 14, 15 V. c. 119, s. 3. For 974 Cap. 119. Fees of Counsel, SfC. 22 Vict, For information and Warrant for apprehension, or for infor- mation and Summons for service, fifty cents ; For every copy of Summons to be served upon defendant or defendants, ten cents ; For every Subposna to a Witness, (as provided in the eleventh section of this Act,) ten cents ; For hearing and determining the case, fifty cenls ; For Warrant to levy penalty, twenty-five cents ; For making up every Record of Conviction when the same is ordered to be returned to the Sessions, or on certiorari, one dollar ; For copy of any other paper connected with any trial, and the Minutes of the same if demanded, — every folio of one hundred words, ten cents. As to summary 13. But In all cascs which admit of a summary proceeding proceedmgs. befor(> a single Justice of the Peace, and wherein no higher penalty than twenty dollars can be imposed, the sum of fifty cents only shall be charged for the Conviction, and twenty- five cents for the Warrant to levy the penalty ; and in all cases where persons are subpoenaed to give evidence before Justices of the Peace in cases of assault, trespass or misdemeanor, the Witness shall be entitled, in the discretion of the Magistrate, to receive at the rate ot. fifty cents for every day's attendance, where the distance travelled in coming to and returning from such adjudication does not exceed ten miles, and five cents for each mile above ten. Bill of costs if 14. Every Bill of Costs shall, when demanded, be made required. ^^^ -j^ (jgta,il, and when so made, ten cents. 14, 15 V. c. 119, s. 3. ■ Fees not allow- IS. This Act shall not authorize any claim being made by ed to witnesses the Justices aforesaid, for Fees of any description connected misdemeanors, with cases above the degree of misdemeanor ; nor shall Wit- uniess specially nesses in cases above such degree be allowed any thing for their attendance or travel, except under the order of the Court before which the trial of the case is had. 14, 15 V. c. 119, s. 6. CAP f 1859. Expenses of the Admimstration'of Justice. Cap. 120. 975 CAP. CXX. An Act respecting the expenses of the Administration of Justice in Criminal matters in Upper Canada. IT being expedient to provide that the expenses of the Ad- ministration of Justice in Upper Canada, paid by local taxa- tion, immediately before the ninth day of June, one thousand eight hundred and forty-six, should be paid out of the Public Funds of the Province under the provisions hereinafter made : Therefore, Her Majesty, by and with the advice and consent of the I egislative Council and Assembly of Canada, enacts as follows : ' 1. The whole of the expenses of the administration of Cri- How expenses minal Justice in Upper Canada shall be paid out of the Con- of criminal jua- solidated Revenue Fund of this Province. 9 V. c. 58, s. 1. icepaya 3. All accounts of or relative to the said expenses shall be Accounts to be examined, audited, vouched, and approved under such regula- audited in such tions as the Governor in Council, from time to time, directs and Govenior^in ^ appoints. 9 V. C. 58, S. 2. Council ap- '^'' points. S. The several heads of expense mentioned in the Schedule What shall be to this Act, shall be deemed expenses of the administration of expSwts!"'''' Criminal Justice within the meaning of this Act. 9 V. c. 68, SCHEDULE. CLSRK OF THE PEACE. Furnishing annually Lists of Constables to the Sheriff and Coroner — Making up Lists of persons qualified by law to serve as * Jurors, residing within the limits of each Division Court, speci- fying the place of residence and addition of each person, in- cluding the certificate and the transmission of the list to the Clerk of each Division Court — Copies of Depositions or Examinations furnished to Prisoners or Defendants, or their Counsel, when proper to be furnished, •and required by the party or his Counsel — If payable by the Crown ; and to he paid by the Crown, or by the party applying, according to the nature of the case. Receiving and filing each Presentment of the Grand Jury — If 976 Cap. 120. Expenses of the Administration of Justice, 22 Vict. If payable by the Crown ; and to be paid by the Crown, or by the party, as the case may be. Arraigning each Prisoner or Defendant indicted, and record- ing plea — Empannelling and Swearing the Jury in every case, whether Criminal or otherwise, where by law a trial by Jury is to be had at the Quarter Sessions, and where no fee is fixed by Statute — Swearing each Witness for the prosecution, upon any trial by a Jury, or to go before the Grand Jury — Filing each Exhibit upon a trial — Charging the Jury with the Prisoner or Defendant, upon each indictment — Receiving and Recording each verdict of a Jury, in any case of trial by Jury — Recording each Judgment or Sentence of the Court, upon verdict or confession — Making out and delivering to the Sheriff a Calendar of the Sentences at each Court — Certified Copy of Sentences sent with the Prisoners to the Penitentiary, after each Session — Making up Record of Conviction or Acquittal, in any case where it may be necessary — If payable by the Crown ; and to be paid by the Crown, or by the party, as the case may be. ' Discharging any Prisoner by Proclamation—^ Drawing out and taking each Recognizance to appear, either of Prosecutor, Defendant or Witness — Calling parties on their Recognizance and recording their non-appearance — Making out Lists of forfeited Recognizances and Fines, to submit to the Justices after each Quarter Sessions, in order to their being estreated — Entering any Order of Sessions to remit an estreat, and recording an entry of the same — 1859. Expenses of the Administration of Justice. Cap. 120. 977 Jf payable by the Crown ; and to be paid by the Crown, or by the party relieved, as the Justices may order. Drawing Order of the Justices to estreat and put in process Entering'and extracting upon a Roll, in duplicate, the Fines Issues, Amerciaments and forfeited Recognizances, recorded in each Session, making oath to the same, and transmitting it to the, Sheriff- Making out and delivering to the Sheriff the Writ oifieri facias and capias thereon — Making out and certifying copy of Roll and Return of Sheriff, and transmitting it to Receiver General — Making up Books of Orders of Sessions, declaring the limits of the Division Courts, and entering the times and places of hold- ing the Courts — Making out and transmitting a copy thereof to the Govern- ment — Making out and transmitting copies (with letter) to the Clerk of each Division Court, of the Divisions made by the Quarter Sessions — Drawing Orders of Sessions for altering the limits of Division Courts — Making out and transmitting copies of such Orders to the Government — Making out and transmitting copies of such Orders to each Division Court affected by the alteration — For each Copy of Schedule of Division Courts, with the Order of Sessions for publication — Swearing each party to an Affidavit, where no charge is elsewhere provided for it — If payable by the Crown ; and to be paid by the Crown, or by the party for whom the Affidavit is sworn, according to the nature of the case. SHERIFF. N'otice of appointment to the Associate Justices of Oyer and Terminer — Attending the Assizes — ; jjj Attending 1978 Cap. \20. Expenses of the Administration of Justice. 22 Vict. Attending the Quarter Sessions — Summoning each Grand Jury for the Assizes or Quarter Ses- sions — Summoning each Petit Jury for the Assizes or Quarter Ses- sions — For every Prisoner discharged from Gaol, having been com- mitted by Warrant for trial at the A&sizes or Quarter Sessions, or Mayor's or Recorder's Court — Bringing up each Prisoner for arraignment, trial and sen- tence, whether convicted or acquitted — Drawing Calendar of Prisoners for Trial at the Assizes, in- cluding copies — Drawing Calendar of Prisoners^ for trial at the Quarter Ses- sions, including copies — Advertising the holding the Assizes or Quarter Sessions — Every Annual or General Return, required by law, or by the Government, respecting the Gaol or the Prisoners therein — Every other Return made to the Government or to the Ses- sions, required by Statute or by order of the Court — Returning Precept to the Assizes or Sessions — Conveying Prisoners to the Penitentiary, or to another County, and disbursements — If payable by the Crown ; and to be paid by the Crown, or by the party, as the case may be. Arrest of each individual upon a Warrant — Serving Subpoena for the Crown upon each person — Conveying Prisoners on Attachment or Habeas Corpus to another County, and disbursements — Making return upon Attachment or Writ of Habeas Corpus— Levying Fines or Issues on Recognizances estreated, and mileage — According to the Statute for regulating the fees of County Officers and Justices of the Peace. Carrjdng into execution the Sentence of the Court in capital cases — Attending 1859. Expenses of the Adminidration of Justice. Cap. 120. 979 Attending and superintending the Execution in such cases Summoning each Constable to .attend the Assizes or Ses- sions — Keeping a Record of Jurors who have served at each Court — All disbursements actually and necessarily made in guarding Prisoners, or in their conveyance to the Penitentiary, to any other County or elsewhere, or for other purposes in the discharge of the duties of the Office, (when not otherwise provided for,) to be allowed by the Justices in Sessions— CORONEK. Precept to summon Jury — Empannelling a Jury — Summons for Witness — Information or Examination of each Witness — Taking every Recognizance — Necessary travel to talie an Inquest- Taking Inquisition and making Return — Every Warrant — CONSTABLE. Arrest of each individual upon a Warrant — If 'payable by the Crown ; and to be paid by the Crown, or by the party, as the case may be. Serving Summons or Subposna — Milegage— , If payable by the Crown ; and to he paid by the Crown, or by the party, as the case may be. Attending Assizes or Sessions- Attending any Justice on the examination of Prisoners charged with any crime — If payable by the Crown ; and to be paid by the Crown, or by the party, as the case may be. Mileage in going to serve Summons or Warrant when the service has not been effected ; the Justices in Session being satisfied that due diligence was used— jjj2 - Taking 980 ^^P- 120» 12^- Expenses of the Admin, of Justice. 22 Vict. Taking Prisoners to Gaol, and disbursements necessarily expended in their conveyance — Summoning Jury for Inquest — Attending Inquest for each day other than the first — Serving notice of appointment of Constables, when personally served — CRIEK. Making Proclamation for opening or adjourning the Courts of Assize and Nisi Prius, Oyer and Terminer, and General Gaol Delivery and Quarter Sessions — Making every other Proclamation — Calling and Swearing Grand Jury — Calling and Swearing every Petit Jury — Calling and Swearing every Witness or Constable — Attending Assizes and Quarter Sessions — OTHER MATTERS. The maintenance of Prisoners confined upon Criminal charges — A proportion of the Salary of the Gaoler of each County Gaol, and of the payment of Turnkeys — Medicines, Fuel and other similar necessaries for the Gaol, and the Prisoners confined on Criminal charges — Disbursements in transporting Prisoners to the Penitentiary, and for carrying other Sentences of the Courts into effect — Together with all other charges relating to Criminal Justice payable to the foregoing Officers specially authorizedby any Act of the Legislature, and immediately before the ninth of June, one thousand eight hundred and forty-six, payable out of County funds. CAP. CXXI. An Act respecting the Expenditure of County Funds, for certain purposes within Upper Canada. HER Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows : When accounts *• ^U accounts Or demands preferred by any person against to be audited by the County, the approving and auditing of which belongs to the Court and orders given. 1859. Expenditure of County Funds. Cap. 121, 122. ggl Court of Quarter Sessions, shall be delivered to the Clerk of the Q. s. and the Peace, on or before the first day of the Session in each J° Jhe^'^^f «f Term, to be laid before the Bench. 7 W. 4, c. 18, s. 1. Peace. 2. No accounts shall be passed or audited at any Court of No accounts to Quarter Sessions in any County of Upper Canada, unless at tep^sed by- least seven Magistrates be present, and whose names shall be Magistrates. entered on the record. 7 W. 4, c. 18, s. 2. , 3. The Court shall take the accounts into consideration on Accounts to ba the second day of each Session, and dispose of the same as fhesec"oMdav soon as practicable, and all orders" or checks signed by the Chair- of each Session man of the Quarter Sessions, exceptforthepaymentof Constables or services rendered during the sitting of the Court, shall ex- press the Act of Parliament if any under which the expenditure is authorized. 7 W. 4, c. 18, s. 2. 4. At the adjournment of each Court of Quarter Sessions, Clerks ofthe the Clerk of the Peace shall furnish the Treasurer with a list ^^Trealurera of the orders passed during such Session, according to their with lists of priority ; and the Treasurer shall pay such orders according to orders. the respective dates and numbers in which the same were passed at the said Session ; But all sums necessary to defray the expenses of the custody and maintenance of prisoners, and the accounts of Public Officers, and Officers ofthe Court, shall be first paid. 7 W. 4, c. 18, s. 3. See 22 V. c. 15, s. 2, No 3. (1859.) 5. Except for debts actually due by a County, the Magis- Except for trates for such County shall not order or direct the payment OTders'^to\sue of any sum of money by the Treasurer of such County, unless unless funds in it appears by the Treasurer's accounts that there are sufficient ''^"''^• funds in his hands to meet the payment of such order; and if any such order be made contrary to the provisions hereof, the person or persons in whose favor such order has been made, may recover the same against the Magistrates who sanctioned such order, in an action to be brought for that purpose, as for so much money had and received to the Plaintifl's use and benefit. 7 W. 4, c. 18, s. 5. CAP. CXXI I. An Act respecting the support of insane destitute Persons. HER Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows : 1. The Clerk of the Peace shall, once in each year, lay be- cierlc of the fore the Grand Jury of the Quarter Sessions, in each Courity, l'^^^^"{l'^ an account in detail of aU sums of money expended during (jrand Jury of the 982 Cap. 122, 123. Support of Insane Destitute Persons. 22 Vict. the Quarter the last preceding twelve months, or necessary to be ad* a^ounf ot vanced during the next ensuing twelve months, for the purpose money neces- of maintaining and supporting insane destitute persons, received sary for main- jnto the Gaol of the Count V, and the said Grand Jury may at taming insane ,_ o- i- i ii persons, such Quarter Sessions present such just and reasonabje sum as they in their discretion think necessary for the purpose of maintaining and supporting insane destitute persons^ either in the Gaol or some other place, within the County, for the year next ensuing the said Sessions ; which presentment shall be made once in each year, and in each year the like ac- count in detail of the moneys expended during the past year, shall be laid before the Grand Jury as aforesaid. 1 1 G. 4, c. 20, ss. 1, 2,— 3 W. 4, c. 45, s. 2. The sum of 3_ The Chairman of the Quarter Sessions may, from time S:°t'cfSe'paaby ^° time, issue his warrant for the, payment of such sum of the Treasurer, money to the amount, but not exceeding the amount so pre- sented, and such money shall be payable by the Treasurer of the County, out of the moneys of the County in his hands and unappropriated, and the account, so laid before the Grand Jury from time to time, so far as the same has been approved of, and the said warrant, shall be a sufficient discharge and indemnity to all persons concerned in the expenditure of such sum of money. 11 G. 4, c. 20, ss. 2, 3. Witnesses may 3. The Courts of Quarter Sessions respectively shall from time before^the'^'''' to time, by writ of subposna, call before them any person required GrandJurj'. by the Grand Jury, and shall swear such person in open Court true answer to make to all such questions as may be asked of him by the Grand Jury, touching and concerning insane destitute persons in the County, and their maintenance and support, and every such person shall be examined on the said oatii before the Grand Jury. 11 G. 4, c. 20, s. 4. CAP. C X X I I I . An Act respecting tlie costs of levying Distresses for Small Rents and Penalties. "^ER Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows' : Fees to be 1. No person making any distress for rent or for any penalty serricea for when the sum demanded and due does not exceed the sum of which the same eighty dollars, in respect of such rent or penalty, and no per- may be oharg- g^j^ employed in making such distress, or doing any act in the course of such distress, or for carrying the same into effect, shall take or receive, from any person or out of the produce of the chattels distrained upon and sold, any other costs in respect of such distress, than such as are set forth in the Schedule hereunto annexed, 1869. Costs of levying Distresses, ^c. Cup. 123. ggg annexed, and no person shall make any charge, for any thing mentioned in the said Schedule, unless such thing has been really done. 1 V. c. IC, s. 1. S. If any person offends against any of the provisions in the Penalty for ex- foregoing section contained, the party aggrieved thereby may 'or'ioi' apply to any Justice of the Peace for the County, City or Town, where the offence was committed, for the redress of such grievance, whereupon such Justice shall summon the person complained of to appear before him, at a reasonable time to be fixed in the summons, and the Justice shall examine into the mat- ter of such complaint, and also hear the defence of the person complained of; and if it appears to the Justice that the person complained of has so offended, such Justice shall order and adjudge treble the amount of the money unlawfully taken and full costs to be paid by the offender to the party aggrieved. 1 V. c. 16, s. 2. 3. In case of non-payment of any money or costs so ad- How penalty judged to be paid, the Justice shall forthwith issue his war- '° ^^ '^^'^• rant to levy the same by distress and sale of the goods and chattels of the party convicted rendering to him the overplus, if any. 1 V. c. 16, s. 2. 4. In case no sufficient distress can be had, the Justice shall, Commitment, by warrant under his hand and seal, commit the party to the common Gaol within the limits of his jurisdiction, there to remain until the order or judgment be satisfied. 1 V. c. 16, s. 2. 5. The Justice, at the request of the party complaining, or Justices may complained against, may summon all persons as witnesses, n"^"s°°^"" and may administer an oath to them, touching the matter of such complaint, or the defence against it. 6. If any person so summoned neglects to obey the summons. Penalty for dis- without any reasonable or lawful excuse, or refuses to be ex- °^«y^^s- amined upon oath (or affu'raation, as the case may be), he shall forfeit a sum not exceeding eight dollars, to be adjudged, levied and paid in such manner, and by such means and with such power of commitment, as hereinbefore directed with respect to orders and judgments made or given at the instance of original complaint's, excepting as regards the form thereof which may be made in such form as the Justice thinks fit. 1 V. c. 16, s. 3. 7. If the Justice finds that the complaint of the party por preferring aggrieved is not well founded, he may order and adjudge costs, ^°^™f^f not exceeding four dollars, to be paid by the complainant to the party complained against, which order shall be carried into effect and levied and paid in such manner as is hereinbefore directed as to the order and judgment founded on the original complaint. 1 V. c. 16, s. 4. 984 ^^P' 1^^- Costs of levying Distresses, 8fC. 22 Vict. Justices not to 8. Nothing hereinbefore contained shall empower the Jus- make offiers ^jpg ^o make any order or judgment against the landlord for lord, &o. whose benefit any such distress has been made, unless the land- lord personally levied the distress. 1 V. c. 16, s. 4. Party aggriev- 9. No person aggrieved by any distress for any rents or pe- for rent'not'** '^^''Y) or by any proceedings had in the course thereof, or by any barred of his costs or charges levied upon him in respect of the same, shall action, &c. Y>e barred from any suit or remedy which he might have had before the passing of this Act, excepting so far as any com- plaint preferred under this Act has been determined by the order and judgment of the Justice before whom it has been heard and determined, and in case the matter of such com- plaint be made the subject of an action, the order and judgment may be given in evidence, under the plea of the general issue, 1 V. c. 16, s. 4. Orders and 10. Orders and judgments on such complaints shall be madeaccordiDg made in the foi-m in the Schedule hereunto annexed ; and may to Schedule be proved before any Court, by proof of the signature of the Justice to such orders and judgments. 1 V. c. 16, s. 5. annexed. Persons levy- 1 1. Every person who makes and levies any distress, shall "ive^^opy^of give a copy of demand, and of all the costs and charges of the charges to party distress signed by him, to the person on whose goods and distrained. chattels the distress is levied, although the amount of the rent or penalty demanded exceeds the sum of eighty dollars. 1 V. c. 16, s. 6. SCHEDULE REFERRED TO IN THIS ACT. Form of the Order and Judgment nf the Justice before whom complaint is preferred when the Order and Judgment is for the complainant. In the matter of complaint of A. B. against C. D. for the breach of the provisions of the Consolidated Statute for Upper Canada, intituled. An Act {insert the title of this Act), I, E. F., a Justice of the Peace for the , do order and adjudge, that the said C. D. shall pay to A. B. the sum of , as a compensation and satisfaction for unlawful charges and costs levied and taken from the said A. B. under a distress for {as the case may be), and the further sum of for costs in this complaint. (Signed) E. F. Form of the Order and Judgment of the Justice when he dis- misses the complaint as unfounded, with or without costs, as the case may be. In the matter of complaint of A. B. against C. D. for the breach of the provisions of the Consolidated Statute for Upper Canada, 1859. Costs of levying Distresses, Sfc. Cap. 123, 124. qqc Canada, intituled. An Act {imert the title of this Act), I, E. F., a Justice of the Peace in and for the , do order and adjudge that the complaint of the said A. B. is unfounded; [if costs are grven) and I do further order and adjudge, that the said A. B. shall pay unto the said C. D. the sum of (Signed) E. F. Schedule of Costs and Charges on Distresses for small Bents and Penalties. Levying distresses under eighty dollars : one dollar ; Man keeping possession, per diem : seventy-five cents ; Appraisement, whether by one Appraiser or more : two cents in the dollar on the value ot the goods ; If any printed advertisement, not to exceed in all one dollar ; Catalogues, Sale and Commission, and delivery of goods : five cents in the dollar on the net produce of the Sale. CAP. CXXI V. An Act respecting the return of Convictions and Fines by Justices of the Peace and of Fines levied by Sheriffs. HER Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows ; Justices of the Peace to make return of convictions and of moneys received. 1. Every Justice of the Peace before whom any trial or justices of the hearing is had under any law, giving jurisdiction in P^^<^^ to make the premises, and who convicts and imposes any fine, for- Quarter Ses- feiture, penalty or damages upon the Defendant, shall make sionsofaiiuon- a return thereof in writing under his hand to the next en- gnes in eases suing General Quarter Sessions of the Peace, for the County adjudicated by 1 • 1 1 ■ ^- * 1 1 J r xu • ^ them and of the m which such conviction takes place, and oi the receipt application of and application by him of the moneys received from the Defen- moneys re- dant, and in case the conviction takes place before two or more Justices, such Justices, being present and joining in such con- viction, shall make an immediate Return thereof, as nearly as circumstances permit as set forth in the following Form : 4, 5 V. c. 12, s. \. Return 986 Cap. 124i. Return of Convictions and Fines. 22 VictJ Return of Convictions made by me (or us, as the case may be) in the month of ' 18 . SO . Ml p p "1 o B d .5 'v '^ ^ 2 g'^ If not paid, ■why not, and general obserYatioiis, if any. A. B. Convicting Justice, or M. B. and C D. Convicting Justices, {as the case may be) And the Justices to whom any such moneys may be afterwards paid, shall make a Return of the receipts and application thereof, to the next General Quarter Sessions, which Return shall be filed by the Clerk of the Peace, with the records of his office. 4, 5 V. c. 12, s. 1. Penalty for Justices of the Peace neglect- ing to comply with the provi- sions of this Act. Actions for pe- nalties under this Act limited to six months after cause. 3. In case the Justice or Justices, before whom any such conviction takes place or who receives any such mo- neys, neglect or refuse to make such return thereof, or in case any such Justice or Justices wilfully make a false, partial or incorrect return, or wilfully receive a larger amount of fees than by law authorized to be received, in every such case, such Justice or Justices, and each and every of them so neglecting, or refusing, or wilfully making such false, partial or incorrect return, or wilfully receiving a larger amount of fees as aforesaid, shall forfeit and pay the sum of eighty dollars, together with full costs of suit, to be recovered by any person who sues for the same by action of debt or information in any Court of Record in Upper Canada, one moiety whereof shall be paid to the party suing, and the other moiety into the hands of Her Majesty's Receiver General to and for the public uses of the Province. 4, 5 V. c. 12, s. 2. JB. All prosecutions for penalties arising under the provisions of this Act,nfiustbe commenced within six months next after the cause of action accrues, and the same shall be tried in the County wherein such penalties' have been incurred, and if a verdict passes for the Defendant, or the Plaintiff becomes nonsuit, or discontinues the action after issue joined, or if upon demurrerj or otherwise, judgment be given against the Plaintiff, the De- fendant shall recover his full costs of suit, as between Attorney and Client, and shall have the like remedy, for the same, as any Defendant hath by law in other cases 4, 5 V. c. 12, s. 3. 4. 1859. Return of Convictions and Fines. Cap. 124. Qgy 4. The Clerk of the Peace of the County in which any such Clerk of the returns are made shall, within seven days after the adjournment ^eaoetopub- of the next ensuing General Quarter Sessions, cause to be in Court^House published the said returns in one public Newspaper in the "^e returns so County, or if there be no such Newspaper, then in a "r s^essions"" Newspaper of an adjoining County, and shall also fix up in the Court House of the County, and also in a conspicuous place in the Office of such Clerk of the Peace, for public ins- pection, a Schedule of the returns so made by such Justices ; and the same shall continue to be so fixed up, aiid exhibited until the end of the next ensuing General Quarter Sessions of the Peace, and for every Schedule so made and exhibited by the said Clerk of the Peace, he shall be allowed in his accounts with the said County, the Fee of four dollars, besides F>^e for so do- the expense of publication, all of which shall be paid by the ^' Treasurer thereof. 4, 6 V. c. 12, s. 4. 5. The Clerk of the Peace of each County within twenty Copy of returns- days after tlie end of each Quarter Sessions of the Peace, shall •o.i'esentto transmit to the Minister of Finance of the Province a true copy Finance." of all such returns made within his County. 4, 5 V. c. 12, s. 5, 6. Nothing herein contained shall exonerate Justices of the Tiiis Act not to Peace from duly returning to the General Quarter Sessions of olher'necrssanr the Peace of their respective Counties, any convictions, or returns or to records of convictions, which are by Law required to be so aSrilted of"^ returned, or to prevent any person aggrieved, from prosecuting by the right to pro- Indictment, a Justice of the Peace, for any offence, the com- sec"'e a Justice- ri-i 11 !• 1- Ti- 1 • of the Feaee nussion oi which would subject him to Indictment at the time habietobein- of the passing of this Act. 4, 6 V. c. 12, ss. 6, 7. offence'^' "°^ SHERIFFS TO MAKE RETURN OF FINES LEVIED. y. Every Sheriff' shall, quarterly and within twenty days sheriffs to after the expiration of each quarterly period, transmit to the transmit quar- Minister of Finance of the Province a just, true and faithful ac- to Minister of count, 1o be verified upon oath, of all fines, penalties and for- Finance, feitures, which he has been required and commanded to levy and make by any lawful authority, and of the receipt and ap- plication of the same, or of the reason why the same have not been received and applied, and each Sheriff" shall pay over to the proper officer or person lawfully entitled to receive the same, the several sums collected by him as aforesaid, within twenty days next after the expiration of the period within which the same have been collected ; and every Sheriff" neglecting or refusing to transmit such quarterly account, or to pay over any, such sum of money within the period hereby prescribed, shall incur and be subject to the like penalty, and may be sued for thq same in the same manner as is hereinbefore provided and delared with regard to Justices of the Peace neglecting or refusing to make the returns required by this Act. 4, 6 V. c. 12, s. 8. « CAP. 988 Cap. 125. Inquests hy Coroners. 22 Vict. CAP. CXXV. An Act respecting Inquests by Coroners. HER Majesty, by and with the advice and consent of the Legislative Council and Assembly df Canada, enacts as follows : In what eases 1. No Injqucst shall be held on the body of any deceased per- shaTl be'hel? ®°^ ^^ ^^^ Coroner until it has been made to appear to such Coroner ihat there is reason 1o believe that the deceased died from violence or unfair means, or by culpable or negligent conduct, either of himself or of others under such circumstances as require investigation and not through mere accident or ttiis- chance. 13, 14 V. c. 66, s. 1. Proceedings in 9. But Upon the death of any prisoner, or of any Lunatic con- ofanTprisonlr ^^'^^ ^^ ^"7 Lunatic Asylum, the Warden, Gaoler, Keeper or or person con- Superintendent of any Penitentiary, Gaol, Prison, House of &ied in a Lu- Correction, Lock-up house. House of Industry or Lunatic Asv- lum m which such prisoner or Lunatic dies, shall mimediately give notice thereof to some Coroner of the County or City in which such death has taken place, and such Coroner shall proceed forthwith to hold an Inquest upon the body. 13, 14 V. c. 56, s. 2. Penalty on per- 3. If any person, having been duly summoned as a juror to to'Stend'in-"*'' serve, or as a witness to give evidence upon any Coroner's In- quests and not quest, does not, after being openly called three times, appear attending. ^j^^j serve as such juror, or appear and give evidence as such witness, the Coroner may impose a fine upon the delinquent person not exceeding four dollars; and shall thereupon make outand signacertificate, containingthe name, residence and trade or calling of such person, the amount of the fine imposed, and the cause of the fine, and shall transmit such certificate to the Clerk of the Peace of the County in which such person resides, on or before the first day of the Quarter Sessions of the Peace then next ensuing, and shall cause a copy of such certificate to be served upon such person by leaving it at his residence, within a reasonable time after the Inquest. And how en- 4. The fine so certified shall be estreated, levied and applied •forced. -^^ jjl^g jnanncr, and subject to the like powers, provisions and penalties in all respects, as if it had been part of the fines im- posed at such Quarter Sessions. Former powers 5. Nothing herein contained shall affect any power otherwise nouo be affect- ^"S ^^'^ vested in any Coroner for compelling' any person to ap- «d. pear and give evidence before him, or for punishing any person for contempt of Court, in not so appearing and giving evidence or otherwise. 13, 14 V. c. 56, s. 3. 6. 1859. Inqvests by Coroners. Cap. 125. 989 6. No Inquisition found upon or by any Coroner's Inquest, Omission oi un- nor any judgment recorded upon or by virtue of any such Inqui- ^^^f ^T sition, shall be quashed, stayed or reversed for want of the nouo'vitiat'e averment therein of any matter unnecessary to be proved, nor ^"y inquisition. for the omission of any technical words of mere form, and in all cases of technical defect, either of the Superior Courts of Com- mon Law, or any Judge thereof, or any Judge of Assize or Gaol Delivery, may, upon any such inquisition being called in question before them or him, order the same to be amended. 13, 14 V. c. 56, s. 4. 7. Whenever upon the summoning or holding of any Co- Coroner may loner's Inquest, the Coroner finds that the deceased was attended summon a during his or her last illness or at his or her death, by any ™t1onertoat- legally qualified medical practitioner, the Coroner may issue '"^""i at any in- his order for the attendance of such practitioner as a witness "^"^' " at such inquest in the form following : coroner's inquest at , UPON THE BODY OF By virtue of this ray order, as Coroner for , you are required to appear before me and the Jury, at , on the day of , at o'clock, to give evidence touching the cause of death of , {and when the witness is required to make or assist at a post mortem examination, add) and make or assist in making a joo5^ mortem examination of the body, with {or without) an analysis, {as the case may be), and report thereon at the said Inquest. Signed, 13, 14 V. c. 56, s. 5. Coroner. 8. If the Coroner finds that the deceased was not so attended, if the Coroner he may issue his order for the attendance of any legally quali- ^"^''^^'^'^^'^^^ fied medical practitioner being at the time in actual practice in not so attended, or near the place where the death happened ; and the Coroner &c. may, at any time before the termination of the Inquest, direct a post mortem examination, with or without an analysis of the contents of the stomacih or intestines, by the medical witness summoned to attend at such Inquest ; But if any person states upon oath before the Coroner, that in bis belief the death was caused partly or entirely by the improper or negligent treatment of a medical practitioner or other person, such medical prac- titioner or other person shall not assist at the post mortem, ex- amination. 13, 14 V. c. 56, s. 5. 9. Whenever it appears to the majority of the Jurymen a majority of sitting at any Coroner's Inquest, that the cause of death has not the jurymen been satisfactorily explained by the evidence of the medical coronTto^ ' ^ practitioner or other witnesses examined in the first instance, summon an- ; such 990 Cap. 125. Inquests by Coroners. 22 Vict. Penalty on Co- roner refusing-. Allowance to such medical practitioner. other medical such majority may name to the Coroner in writing, any other praciitioner. legally qualified medical practitioner or practitioners, and require the Coroner to issue his order in the form hereinbefore mentioned for the attendance of such last mentioned medical practitioner or practitioners, as a witness or witnesses, and for the performance of such post mortem examination as in the last preceding section mentioned, and whether before performed or not ; and if the Coroner refuses to issue such order, he is guilty of a misdemeanor, and shall be punishable by a fine not ex- ceeding forty dollars, or by imprisonment not exceeding one month, or by both fine and imprisonment. 13, 14 V. c. 56, s. 6. 10. Where any legally qualified medical practitioner has attended in obedience to any such order as aforesaid, he shall receive for such attendance, if without a, post mortem examina- tion, five dollars ; if with a post mortem examination, without an analysis of the contents of the stomach or intestines, ten dollars; if with such analysis, twenty dollars, together with the sum of twenty cents per mile, for each mile he has to travel to and from such inquest, such travel to be proved by his own oath to the Coroner, who may administer the same ; and the Coroner shall make his order on the •Treasurer of the County in which the inquest is holden, in favor of such medical practitioner, for the payment of such fees or remuneration, and such Treasurer shall pay the sum mentioned in such order, to such medical witness out of any funds he may then have in the County Treasury. 13, 14 V c. 56, s. 7. Penally on II Where any such order for the attendance of any medical summonedind practitioner has been personally served, or if not personally served, has been received by him or left at his residence in sufficient time for him to have obeyed such order, and he has not obeyed the same, he shall forfeit the sum of forty dollars upon complaint by the Coroner who held or by any two of the Jury who sat on the Inquest, made before any two Justices of the Peace of the County where the Inquest has been held, or of the County where such medical practitioner resides ; and such Justices shall proceed to hear and adjudicate upon the com- plaint ; and if such medical practitioner does not shew a suffi- cient reason for not having obeyed such order, they shall en- force the said penalty by distress and sale of the offender's goods in the same manner as they are empowered to do by the Consolidated Statute of Canada respecting the duties of Justices of the Peace out of Sessions in relation to Summary Convictions and Orders. 13, 14 V. c. 56, s. 8. To be paid on Coroner's order and by whom. failing to at- tend, CAP. 1659. Protection of .LP. and others. Cap. 126. 991 CAP. CXX VI. An Act to protect Justices of the Peace and other Officers from Vexatious Actions. HER Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows : i for 1. Every Action brought against any Justice of the Peace Aciionsf,. for any act done by him in the execution of his duty as such 'icings done Justice, with respect to any matter within his jurisdiction as risdMon^ora such Justice, or against any other officer or person fulfilling Justice of the any public duty for any thing by him done in the performance rtheTofficers, of such public duty, whether any of such duties arise out of to be on the ' the Common Law or be imposed by Act of Parliament, either ?"«! and maUce Imperial or Provincial, shall be an action on the case as for a and want of tort, and in the declaration it shall be expressly alleged that must^teaUegel such act was done maliciously and without reasonable and and proved." probable cause ; and if at the trial of any such Action, upon the general issue pleaded, the Plaintifi" fails to prove such allegation, he shall be non-suit, or a verdict shall be given for the Defendant. 16 V. c. 180, ss. 1, 16. See 14, 15 V. c. 64, s. 2. S. For any act done by a Justice of the Peace in a matter of Actions when which by law he has not jurisdiction, or in which he has ex- exeei^edto*^ ceeded his jurisdiction, or for any act done under any Convic- jurisdictionmay tion or Order made or Warrant issued by such Justice in any aU^aJjon! such matter, any person injured thereby may maintain an action against such Justice in the same form and in the same case as he might have done before the passing of this Act, without making any allegation in his declaration thai the act com- plained of was done maliciously and without reasonable and probable cause. 16 V. c. 180, s. 2. • an 3. No such Action shall be brought for anything done under But not for e... such Conviction or Order until the Conviction or Order aet done under , , , 1 .,1 1 1- i- i a conviction or has been quashed, either upon appeal or upon application to order until the one of the Superior Courts of Common Law for Upper Canada; samebequash- nor shall any such Action be brought for any thing done under any Warrant issued by such Justice to procure the appearance of the party, and which has been followed by a Conviction or Order in the same matter, until the Conviction or Order has been quashed as aforesaid. 16 V. c. 180, s. 2. 4. If such last mentioned Warrant has not been followed by Nor for an act a Conviction or Order, or in case it be a Warrant upon an infor- ^^mnf fo "^ mation for an alleged indictable offence, if a Summons was compel appear- issued nreviouslv to such Warrant, and such Summons was anceifasum- iooucu. picvj.^!^.- jr nil. ^1 monswerepre- served upon such person, either personally or by leaving the viousiy served same for him with some person at his last or most usual place and not obeyed. of 992 Cap. 126. Protection of J. P. and others. 22 Vict. of abode, and he did not appear according to the exigency of such Summons, in such case no such Action shall be main- tained against the Justice for any thing done under such War- rant. 16 V. c. 180, s. 2. 5. Where a Conviction or Order has been made by one or IS one Justice viction^&c" more Justice or Justices of the Peace, and a Warrant of dis- and another tress Or of commitment has been granted thereon by some other fant'actiori'^" Justice of the Peace bond fide and without collusion, no Ac- must be against tion shall be brought against the Justice who granted such the former. Warrant by reason of any defect in the Conviction or Order, or for any want of jurisdiction in the Justice or Justices who made the same, but the Action (if any be brought,) shall be against the Justice or Justices who made the Conviction or Order. 16 V. c. 180, s. 3. 6. In all cases where a Justice or Justices of the Peace refuse to do any act relating to the duties of his or their Office as such Justice or Justices, the party requiring such act to be done may, upon an affidavit of the facts, apply to either of the Superior Courts of Common Law in Upper Canada, or to the Judge of the County Court of the County or United Coun- ties in which such Justice or Justices reside, for a rule calling upon such Justice or Justices, and also the party to be affected by such act, to show cause why such act should not be done ; and if after due service of such rule, good cause be not shown against it, the said Court may make the same absolute, with or without or upon payment of costs, as may seem meet ; and the Justice or Justices, upon being served with such rule absolute shall obey the same, and shall do the act required ; and no action or proceeding shall be commenced or prosecuted against such Justice or Justices for having obeyed the rule and done the act required as aforesaid. 16 V. c. 180, s. 4. After convic- 7. In case a Justice of the Peace has granted a Warrant of finn'eJon an-' Distress, or a Warrant of Commitment upon any Conviction or peal, no action Order which, either before or after the granting of the Warrant, done under a'' ^^^^ been confirmed upon appeal, no Action shall be brought warrant upon against such Justice by reason of any defect in such Convic- "• tion or Order for any thing done under the Warrant. 16 V. c. 180, s. 6. If a Justice re- fuse to do any act, either of the Superior Courts of Com- mon Law or a County Judge may order liim to do it, and no action shall then lie against him for doing it. If an action be brought con- trary to this Act, Judge may set aside the proceed- ings. Limitation of actions. 8. In case any Action be brought, where by this Act it is enacted that no such action shall be brought under the particular circumstances, a Judge of the Court in which the Action is pending shall, upon application of the Defendant, and upon an affidavit of facts, set aside the proceedings in such Action, with or without costs, as to him seems meet. 16 V. c. 180, s. 6. 9. No Action shall be brought against any Justice of the Peace for any thing done by him in the execution of his Office, unless the same be commenced within Six Months next after the act complained of was committed. 16 V. c. 180, s. 7. 10. 1869. ProtectionofJ.P.andothers. Cap. 126. qq<> i 10. No such Action shall be commenced against any Notice of ac- JuStice of the Peace until one month at least after a notice ''on'obegiven^ in writing' of the intended Action has been delivered to ''"''^'°^- him, or left for him at his usual place of abode, by the parly intending to commence the Action, or by his Attorney or Agent, in which notice the cause of Action, and the Court in which the same is intended to be brought, shall be clearly and explicitly stated ; and upon the back thereof shall be endorsed the name and place of abode of the party intending to sue, and also the name and place of abode or of business of his Attorney or Agent, if the notice be served by such At- torney or Agent. 16 V. c. 180, s. 8. 11. In every such Action the venue shall be laid in the veni,e howto County where the act complained of was committed, and in ''e laid. Actions in County or Division Courts the Action must be Defendant msy brought in the County or Division within which the act com- plead the gene- plained of was committed or in which the Defendant resides, and ™tilhe special the Defendant may plead the General Issue and give any spe- matter, &e., in cial matter of defence, excuse or justification in evidence under ''^"'«''<=^- such plea, at the trial of the Action. 16 V. c. 180, s. 9. 13. No Action shall be brought in any County or Division Action not to Court against a Justice of the Peace for any thing done by him be brought in in the execution of his office if the Justice objects thereto ; and P°""V„',.^'",f II withm six days alter being served with a notice of any such the Justice ob- Action, such Justice or his Attorney or Agent, gives a written ^'^°'*" notice to the Plaintiff in the intended Action that he objects to being sued in such County or Division Court for such cause of action, no proceedings shall afterwards be had in such County or Division Court in any such Action, but it shall not be neces- sary to give another notice of Action in order to sue such Jus- tice in any other Court. 16 V. c. 180, s. 9. 13. In every such case after notice of Action has been ariven ™ , , . ■ 1 "^ t -, [• ».ii P, lender and as aloresaid, and beiore an Action has been commenced, the payment of Justice to whom such notice has been ejiven may tender to the money mto ... 1 • A . 1 <. Court by Jus- party complaining, or to his Altorney or Agent, such sura oi money as he thinks fit as amends for the injury complained of in such notice ; and after the Action has been commenced, and at any time before issue joined therein, such Defendant, if he has not made a tender, or in addition to the tender, may pay into Court such sum of money as he thinks fit, and such tender and payment of money into Court, or either of them, may afterwards be given in evidence by the Defen- dant at the trial under the General Issue. 16 V. c. 180, s. 10. 14. If the jury at the trial be of opinion that the Plaintiff is if jury thinks not entitled to damages beyond the sum so tendered or paid plaintiff entitled into Court, they shall give a verdict for the Defendant, and liamaleTj^they the Plaintiff shall not be at liberty to elect to be nonsuit, and '*,''^l'^TV the sum of money, if any, so paid into Court, or so much defendanu* KKK thereof 994 Cap. 126. Protection of J. P. and others . 22 Vict. thereof as is sufficient to pay or satisfy the Defendant's costs in that behalf, shall thereupon be paid out of Court to him, and the residue, if any, shall be paid to the plaintiff". 16 V. c. 180, s. 10, Jf the plaintiff accepts the money. 15. In case money be paid into Court in any such Action, and the Plaintiff elects to accept the same in satisfaction of his damages in the Action, he may obtain from any Judge of the Court in which the Action has been brought, an order that the money shall be paid out of Court to him, and that the Defendant shall pay him his costs to be taxed, and thereupon the said Action shall be determined, and such order shall be a bar to any other Action for the same cause. 16 V". c. 180, s. 10. If plaintiff fail to prove cer- tain things, he shall be non- suited or ver- dict given for the defendant. 16. If at the trial of any such Action the Plaintiff does not prove — 1. That the Action was brought within the time hereinbe- fore limited in that behalf, and 2. That such notice as aforesaid was given one month before the Action was commenced, and 3. The cause of Action stated in such notice, and 4. Does not prove that the cause of Action arose in the County or place laid as venue in the margin of the declaration, and 5. When the plaintiff sues in a County or Division Court that the cause of action arose within the County or United Counties for which such Court is holden, 6. Then and in any such case such Plain- tiff shall be nonsuit, or the Jury shall give a verdict for the Defendant. 16 V. c. 180, s. 11. Damages limit- ed in certain cases. 17. In case the Plaintiff in any such Action is entitled to recover, and he proves the levying or payment of any penalty or sum of money under any Conviction or Order as parcel of the damages he seeks to recover, or if he proves that he was imprisoned under such Conviction or Order, and seeks to recover damages for such imprisonment, and it be proved that he was actually guilly of the offence of which he was so convicted, or that he was liable by law to pay the sum he was so ordered to pay, and with respect to such imprisonment that he had undergone no greater punishment than that assigned by law for the offence of which he was so convicted, or for non-payment of the sum he was so ordered to pay, he shall not be entitled to recover the amount of such penalty or sum so levied or paid, or any sum beyond the sum of three cents as damages for such imprisonment, or any costs of suit whatsoever. 16 V. c. 180, s. 12. If plaintiff re- l^- If the Plaintiff' in any such Action recovers a verdict, or covers verdict, the Defendant allows judgment to pass against him by default, titled to costs, the plaintiff shall be entitled to costs in the same manner as if this Act had not been passed. 16 V. c. 180, &. 13. If malice and 19. If in any such case it be stated in the declaration, or M*°ause''be^*' ^^ ^'^^ Summons and particulars if he sues in the Division Court, 1859. Protection of J. P. and Others. Cap. 126, 127. 9^5 Court, that the Act complained of was done maliciously alles^ed and and without reasonable and probable cause, the Plaintiff, if he p'aintift'reco- Irecovers a verdict for any damages or if the Defendant allows be entitled to judgment to pass against him by default, shall be entitled to f"" '^''*'^- his full costs of suit, to be taxed as between Attorney and Client ; and in every action against a Justice of the Peace for \ff'^^^ defend- any thing done by him in the execution of his Office, the De- ant is entitica fendant, if he obtain judgment upon verdict or otherwise, shall '" '-■°'^'*' ^'^• in all cases be entitled to his full costs in that behalf, to be taxed as between Attorney and Client. 16 V. c. 180, s. 13. 30 So far as applicable, the whole of this Act shall apply xhis Act to- for the protection of every officer and person mentioned in the w'y |°^y<"T first section hereof, for any thing done in the execution of his memloned^m office as therein expressed. 16 V. c. 180, s. 16. «• '• CAP. CXXVII. An Act respecting Court Hovises, Gaols and Houses of Correction. HER Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows : THE CARE OF GAOLS AND COURT HOUSES, &C. 1. The Sheriff shall have the care of the County Gaol, Custody of Gaol offices and yard, and Gaoler's apartments, and the ap- g«o|s g'^''^^^ pointment of the keepers thereof. 22 V. c. 99, s. 398. 2. The County Council shall have the care of the Court CountyCouncH House and of all offices and rooms connected therewith, whether {?eepi'r°!"&c. the same forms a separate building or is connected with the Gaol, and shall have the appointment of the keepers thereof; and shall from time to time provide all necessary and proper accommodation for the Courts of Justice other than the Division Courts and for all officers connected with such Courts of Jus- tice. 22 V. c. 99, s. 399. 3. In any City not being a separate County for all purposes, ^^'5;g^^''°'^^gJ''j, but having a Gaol or Court. House separate froin the County by-Uw.""^^ ^ Gaol or Court House, the care of such City Gaol or Court House shall be regulated by the By-laws of the City Council. 22 V. c. 99, s. 400. 4. No license shall be granted for retailing spirituous liquors Noiicensetobe within any Gaol or Prison ; and if any Gaoler, keeper or Officer, g];;^'|'|,^°'i,'^!: ofany Gaol or Prison, sells, lends, uses or gives away, or ous liquors knowingly permits or suffers any spirituous liquors or strong -^'''hin Gaols, waters to be sold, used, lent or given away, in such Gaol or kkk3 Prison, 996 Cap. 127. Court Houses, Gaols, 8fC. 22 Vic J-. Prison, or to be brought into the same, othei than such spirituous liquors or strong waters as may be prescribed by or given by the prescription and direction of a regular Physician, Surgeon or Apothecary, such Gaoler, keeper or other Officer, shall, for eyery such ofi'ence, forfeit the sum of eighty dollars, one moiety thereof to Her Majesty, for the public uses of the Pro- vince, and the other moiety, with full costs of suit, to the person who sues for the same in any of Her Majesty's Courts Penally on of Record in Upper Canada ; and in case any Gaoler or other Gaolers trans- officer having been SO convicted, oHends again in like manner, gressuig m this 1,1°/. 1 . • 1 1 1 n- respect. and be thereof a second time convicted, such second offence shall be a forfeiture of his otfice. 32 G. 3, c. 8, s. 15. Gaoler to have 5. The Justices of the Peace within the limits of their res- a yearly salary pective Countics in Quarter Scssious assembled, shall appoint in place of all ' , , i rT i i. ,.,.'. "^^ ; fees, perquisites a reasonable yearly salary, according to their discretion, to be whatevei'''""* ^'''^^^ '•° ^'^'^ Gaolor, and such Salary shall be in place of all fees, perquisites or impositions of any sort or kind whatever ; and no Gaoler or Officer belonging to the Gaol, shall demand or receive any fee, perquisite or other payment from any Prisoner confined within the Gaol or Prison. 32 G. 3, c. 8, s. 17. Penalty on per- ®- If any person gives, conveys or supplies to any prisoner sons supplying confined in any common Gaol or House of Correction in Upper sonen'n Ga'o"' Canada, any rum, brandy, whiskey or other spirituous liquors, contrary to the rules and regulations from time to time esta- blished by law, such offender, being duly convicted thereof be- fore two Justices of the Peace, shall be fined a sum not exceed- ing twenty dollai:s. 3 V. c. 14, s. 1. Any one justice ^ • I^ case any person be charged on the oath of one credible wit- may summon ness before any one Justice of the Peace, with any offence against cuted? ^ ^^' this Act, such Justice may summon the person charged to ap- . ,. , r u pear at a time and place to be named in such summons ; and Jindin uefault !,. , , ^ t i i / c /- i i of appearance, if he do not appear accordingly, then (upon proof of the due ser- may proceed ^j^g ^f ^}jg summons upon such person, by delivering the same to him personally) any two Justices of the Peace for the County where the ofiisnce is alleged to have been committed, may either proceed to hear and determine the case ex parte, or issue their warrant for apprehending such person, or any one of the said Justices may, if he thinks fit, without any previous summons, issue such warrant. 3 V. c. 14, s. 2. - Power to sum- 8. Such Justiccs may summon witnesses, either in support men witnesses, ^f ^jj^ prosecution Or for the defendant ; and if any person having been personally summoned to attend as a witness, neglects or refuses to attend, or fails to shew some reasonable excuse for his non-attendance, he may be fined for such non- attendance by the Justices assembled to try the offence, in any sum not exceeding twenty dollars, to be enforced in manner and form mentioned in the last preceding Section. 3 V. c. 14, s. 4. 9. 1-859. Court Houses, Gaols, ^c. Cap. 127, 128. 997 9. In default of payment of any fine imposed under the In default of anthority of this Act, together with the costs attending the {]";™n°t\°st.5. same, within the period specified for the payment thereof at the time of the conviction by the Justices before whom such conviction has taken place, such Justices may issue their war- rant, directed to any Constable, to levy the amount of sach fine and costs of the goods of the offender within a certain time, to be in the said warrant expressed ; and in case no distress offender may sufficient to satisfy the amount can be found, they may commit '"^ committed. the offender to the Common Gaol or House of Correction of the County wherein the oflence was committed, for any time not exceeding one month, unless the fine and costs be sooner paid. 3 V. c. 14, s. 5. 10. No conviction under this Act shall be quashed for want No conviction ofform, andno warrant of committal shall be held void by ;^^^q°'X'i*].j; reason of any defect therein, if it be alleged that the party has want or form. been convicted, and there be a good and valid conviction to sustain the same. 3 V. c. 14, s, 3. GAOLS TO BE HOUSES OF CORRECTION. 11. Until separate Houses of Correction be erected in the un til houses of Several Counties in Upper Canada, the Common Gaol in each correction rt liG Greeted tllG County respectively shall be a House of Correction ; and Common Gaols every idle and disorderly person, or rogue and vagabond, and in each respec- •'..,, 1 ' 1 ,1 1 ■ I ^ tn-e Coimty are incorrjgible rogue, and any other person by law subject to be constituted committed to a House of Correction, shall, unless otherwise houses of Cor- provided by law, be committed to the said Common Gaols respectively. 50 G. 3, c. 5. TITLE 13. ADMINISTRATION OF JUSTICE IN UNORGANIZED TRACTS. CAP. CXXVIII. An Act re.spec1ing the administration of Justice in the unorganized tracts. HER Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows : 1 The Governor may from time to time by proclamation. Governor may „ . r 1 1 1 ii_ • ♦ • erect certam declare that from and after a day to be named therem, certam unorganized parts of the unorganized tracts of Country bordering on and trads '1^° t^m- adjacent to Lakes Superior and Huron, including the islands §?"[J,s!" '"'* in 998 Cap. 128. Unorganized Tracts — Admin, of Justice. 22 Vict. Anil define fimits. Tracts not in- cluded in town- ships may be annexed to such districts. Stipendiary Magistrate jnay be appointed jn and lor each such district. in those Lakes which belong to this Province, and also all other parts of Canada not included within the settled limits of any County or District, shall form a temporary Judicial District or temporary Judicial Districts, and in such proclamation define the limits of such temporary Judicial District or Districts, and name the same respectively ; and the Governor may divide each of such Districts into two or more Divisions, and delifle the limits and extent of every such Division, and number such Divisions, beginning at number one ; and may from time to time alter the limits and extent of such Districts and the Divisions thereof respectively. 20 V. c. 60, s. 1. S. A portion or portions of any County in Upper Canada not included in any Township may, for all purposes connected with the administration of Justice under this Act, be included within the limits of any snch temporary Judicial District as aforesaid,- and may again be separated therefrom by the Governor. 20 V. c. 60, s. 2. S. The Governor may from time to time appoint in and for every such temporary Judicial District, a fit and proper person to be the Stipendiary Magistrate thereof, who shall hold office during pleasure, and exercise within such District, the magis- terial, judicial and other functions hereinafter expressed and who shall reside in such place within the District for which he is ap- pointed as the Governor directs. 20 V. c. 60, s. 3. Salary oi such 4. Every such Stipendiary Magistrate shall be paid, out of afagistraie. ^j^g Consolidated Revenue Fund of this Province, the yearly sum of one thousand two hundred dollars, to be paid half yearly on the thirtieth day of December and the thirtieth day of June in each year, by equal portions, and may moreover have and take to his own use the fees authorized to be taken by Justices of the Peace in Upper Canada, or by their Clerks in cases ot summary conviction. 20 V. c. 60, s. 4. Such Magis- 5. Every such Stipendiary Magistrate shall be ex officio a tratetobea Justice of the Peace for the temporary Judicial District for Justice of the ■ • , i • ■ i i i n i "^n i . . ,. Peace: powers which he IS appointed, and s-hall have all the powers, junsdic- assuch, &c. tion and authority, and shall perform all the duties which a Justice of the Peace in any County in Upper Canada now has, and is required to perform within any such County ; and all the protections and provisions of law applicable to such Justices of the Peace shall extend and apply to such Stipendiary Magis- trate acting within the limits of his temporary Judicial District ; and such Stipendiary Magistrate may and shall act in the execu- tion of the office of Justice of the Peace lor such temporary Judicial District, although he has not such qualification by estate in lands, tenements and hereditamcnis, as is required by the Consolidated Statute of Canada, intituled, An Act respecting the qualification of Justices of the Peace. 20 V. c. 60, s. £). 6. 1859. Unorganised Tracts — Ad^yiin. of Justice. Cap. 128. ggg 6. The Governor may appoint Justices of the Peace for such Governor may temporary Judicial Districts, or for all or any part of the unor- ppo'"| J- ^''■ ganized tracts of Country in Upper Canada by commission as pjses. heretoforr, and the name of any Stipendiary Magistrate maybe inserted in any such commission. 20 V. c. 60, s. 5. 7. Every such Stipendiary Magistrate shall from time to stipendiary time appoint a sufficient number of fit and proper persons to |^'f*s'.'*i™'<^to serve in the office of Constable in his temporary Judicial Dis- bl2°'"heir'^ ^ tfict, and may at his pleasure remove any such Constable ; and powers. every Constable so appointed as aforesaid shall have and exercise and perform all the duties and powers, and shall be sub- ject to all the responsibilities that Constables appointed by the Courts of Quarter Sessions in Upper Canada have and can per- form and exercise and are subject to ; and all the privileges, pro- tections and provisions of law applicable to such Constables, shall extend and apply to Constables appointed by a Stipendiary Magistrate under this Act ; and the lawful fees and expenses Audit and pay- of such last named Constables, other than the fees they may be j,"™' °""'°"^'*" entitled to receive from parties, shall be audited by the Stipen- diary Magistrate, and paid out of the Consolidated Revenue Fund of this Province in such manner as the Governor may from time to time direct. 20 V. c. 60, s. 6. 8. If any Constable appointed under the authority of this Punishment of Act be guilty of any disobedience of orders, neglect of duty, or i-Xivi^g.""*" of any misconduct as such Constable, and be convicted thereof before the Stipendiary Magistrate for the temporary Judicial District, or before any Justice of the Peace acting therein, he shall forfeit a sum to be fixed by such Magistrate or Justice not exceeding forty dollars and costs, and in default of imme- diate payment thereof, shall suffer imprisonment for any time not exceeding three months unless such fine and costs be sooner paid ; And any such person may be proceeded against by indictment for any offence committed by him as Constable, but not both by Indictment and also under this Act for the same offence. 20 V. c. 60, s. 7. 9. The Governor may from time to time direct that one or Temporary - ■- - ~ • • Gaols to fa- provided. more suitable erections shall be provided by the Commissioner Gfioi^tobe of Public Works in each temporary Judicial District for the safe custody of prisoners charged with crime or convicted of any offence, and every erection so provided shall be deemed a Common Gaol, and the Common Gaol of such temporary Judi- cial District ; But criminal oftenders fully comiriitted for indict- Provision a- mentand trial, shall as heretofore be committed to the Common ^g^"aJy"deten- Gaolofthe proper County in this Province, to^ be dealt with t ion therein. according to law, and shall not be detained in the Common Gaol of any temporary Judicial District an unreasonable time, regard being had to the season of the year and the possibility of travelling at the time of his commitment as aforesaid ; and until such erections are provided, offenders may be committed to 1000 Cap. 128. UnorgamzedTracts— Admin, of Justice. 22 Vict. Keeper of ihe Gaol. His remunera- lion. Application of fines and for- -ieilures. lo any suitable place withiii the temporary Judicial District. 20 V. c. 60, s, 8. 10. The Stipendiary Magistrate shall from time to time ap- point a Keeper to every Common Gaol in his temporary Judicial District, and such Gaol-keeper shall perform all the duties, and be under and subject to all the liabilities that the Gaoler of the Common Gaols in the several Counties in Upper Canada now perform and are subject to,' and shall give such security for th^ due performance of the duties of his office as. the Governor froiu time to time prescribes, and every such Gaol-Keeper shall be paid out of the Consolidated Revenue Fund, such sums of money annually as the Governor may think reasonable for the services performed. 20 V. c. 60, s. 9. 11. All moneys arising from penalties, forfeitures and fines imposed by any such Stipendiary Magistrate, or by any Justice of the Peace acting within his temporary Judicial District when paid and levied, shall, (if not directed by law to be otherwise appropriated) be from time to time paid to such Stipendiary Ma- gistrate who shall account for the same, and pay over or dis- burse the moneys arising therefrom, at such times, in such manner, and to such person or persons, as the Governor may from time to time direct. 20 V. c. 60, s. 10. Ma^trale to leep minutes, ..coounts, (Sec. 13. Every such Stipendiary Magistrate shall keep minutes of every proceeding had by and before him, and shall keep sucli accounts, make such returns, and collect- such information, with respect to the temporary Judicial District for which he is appointed and the state and condition thereof, as the Governor may from time to time prescribe and require. 20 V. c. 60, s. 11. Style of Court. DIVISION COUBTS. Civil Court to '3- In order to the administration of Justice between party te held in each and party, Courts of Civil Jurisdiction shall be held in every ''""'"■ temporary Judicial District, and a Court shall be held in every Division declared and appointed as a Division under the first section of this Act, at such periods as the Governor may from time to time order ; And the Court to be held in -each such Di- vision shall be known by the name and style of " The first {or other, as the case may be) Division Court for the temporary Ju- dicial District of ." 20 Y. c. 60, s. 12. Magistrate to '^' T^c Stipendiary Magistrate for each temporary Judi- hoil such court cial District shall preside over the several Division Courts, —powers. ^jj^ ^Q qualify him so to do he shall, in addition to his oath of office as a Justice of the Peace, take the following oath before some person authorized to administer the same, that is to say : 20 V. c. 60, s. 13. «[ 1859. Unorganized Tracts— Admin, of Justice. Cap. 128. 1001 " I do swear that I will truly and faithfully execute the se- Oaihof office ot " veral powers, duties and trus'ts committed to me by the " Act Magistrate. " respecting the Administration of Justice in unorganized " tracts," without fear, without favor and without malice. So " help me God." 15. Such Magistrate shall be the sole Judge in all actions junawat. brought m the said Division Courts, and shall determine all questions as well of fact as of law in relation thereto in the summary manner authorized by this Act ; But if he thinks fit to have any fact or facts controverted in a cause, tried by a Jury, a Jury of five persons present shall be returned instantly by the Clerk of the Court to try such factor facts, and such ma- gistrate may give judgment on the verdict of the Jury. 20 V. c. 60, s. 13. 1 6. For every such Division Court, there shall be a Clerk and Clerk and Ba»- one or more Bailiff's, and the Stipendiary Magistrate may from Qg^fts'''''*''"* time to time appoint and may, at his pleasure, remove the Clerks and Bailifl's of the Courts over which he presides, and every Glcrk shall have an office at such place within the Division for which he is appointed as the Stipendiary Magistrate may direct. 17. In case the Stipendiary Magistrate removes any such ProceeJings if Clerk or Bailiff' and appoints another in his place, such Magis- ^['^^^^^°J^'^?'''^ trate shall order the books, papers and all documents relating to to compel deli- the business or matters of the Division Court, to be delivered Y'^''y°f,P.^P"* 1 1 ■ 1 ,-11 1 rt -fa- 1 -p cVc, to Ills sue- over to the newly appomted Clerk or Bailin, and il any person ccssor. having the custody of such books, papers or documents, refuses to obey such order, Her Majesty's Court of Queen's Bench or Common Pleas in Upper Canada, or any Judge thereof in vacation, upon proof of service of the order upon such person, may, by rule or summons, call upon him to show , cause why such books, papers or documents should not be delivered in conformity with the order of thi- said Stipendiary Magistrate ; and upon due proof of the service of such rule or summons, or on hearing the parties, the said Court of Queen's Bench or of Common Pleas, or any Judge thereof in vacation, may order the issue of an attachment against such person, and in defauhoftrie delivering up of the said books, papers or docu- ments, may make such order for the imprisonment or other punishment of such person, as the justice of the case to the said Court or Judge seems to require ; and any other person anlnw- fully holding or getting possession of such books; papers or do- cuments, or any of them, shall be guilty of a misdemeanor. 3'J V. c. 60, s. 14. 18. Every Clerk and Bailiff"appointed under the provisions j^^fj;* "i'^f ?!' of this Act shall give security by entering into a bond to Her J„riiyby Majesty in such sum, with so many sureties, and in such Bonds. form as the Governor may direct for the due accounting for all fines and moneys by him, received, by virtue of his office, and also for the due and faithful performance of the duties of his office. 20 V. c. 60, s. 15. 19. 1002 <^ap. 128. Unorganized Tracts- - Admin, of Justice. 22 Vict. Also by Conve- nant. 19. Every such Clerk and Bailiff shall also give security for such sum and with so many sureties as the Stipendiary Ma- gistrate for the temporary Judicial District directs, by entering into a joint and several covenant, according to the form given in the Schedule to this Act marked A, or in words to the same effect, which covenant shall be available to, and may be sued upon by any person suffering damages by the default, breach of duty or misconduct of any such Clerk or Bailiff, respectively, in any Court of competent Jurisdiction in Upper Canada. Sureties to be S®. Such covenants shall not be accepted until the sureties provat! '° ^''' therein mentioned have been approved of under the hand of such Stipendiary Magistrate, and declared sufficient for the sums for which they have respectively become bound. Proof of bond. 31. Such covenants shall be executed in duplicate, one of which shall be filed in the olfice of the Minister of Finance of this Province, and the other with such Stipendiary Magistrate ; and a copy of every such covenant, certified by the Minister of Finance, or by the Stipendiary Magistrate, shall be received in all Courts as sufficient evidence of the due execution and of the contents thereof, without any other proof whatever. 20 V. c. 60, s. 15. Sittings of the 33. The Stipendiary Magistrate shall fix and appoint the t^fiT't"^""' f^^ys ^"^ places within every Division, when and at which the '^ ' Division Court therefor shall be holden, and shall give due notice thereof; and whenever from illness of the Stipendiary Magis- trate or from any casualty it happens that he does not arrive in time, oris not able to open any Court to be holden under this Act on the day appointed for that purpose, the Clerk or Deputy Cierlf may aJ- Clerk of such Court, shall, after the hour of eight o'clock in the mcertain cases! afternoon ofsuchday, adjourn by proclamation the Court Avhich was appointed lo be opened on that day, to an earlier hour to be named by him on the following day not being Sunday or a legal holiday, and so from day to day adjourning over any Sunday or holiday, until the Stipendiary Magistrate arrives to open the Court, or until he receives other directions from such Magistrate. 20 V. c. 60, s. 16. Jurisdiction of the Court. Mode of pro- ceeding. Certain causes of action not -cognizable. 33. Every Division Court, holden under the authority of this Act, shall have jurisdiction, power and authority to hold plea of all personal actions (save as hereinafter excepted) for or against any person, body corporate or otherwise, where the debt or damages claimed is not more than one hundred dollars, and the Stipendiary Magistrate presiding over such Court shall hear and determine such actions and matters in relation thereto in a summary way, and make such orders, judgments and decrees as appear to him just and agreeable to equity and good con- science ; but the said Division Courts shall not have cognizance of any action for any gambling debt, or for any spirituous or malt liquors or other like liquors, nor for any action whether brought by 1859. Unorganized Tracts— Admin, of Justice. Cap. 128. 1003 by the payee or any other person on a note of hand, the con- sideration or any pari of the consideration of Avhich was for a gambling debt or for such liquors,' nor of any action of ejectment or in which the title to any corporeal or incorporeal hereditaments, or to any toll, custom or franchise shall be in ques- tion, or in which the validity of any devise, bequest or limita- tion under any will or settlement may be disputed, nor of any action for malicious prosecution, or for libel or slander, or for criminal conversation or seduction or breach of promise of mar- riage ; and nothing herein contained shall be construed to con- Js'ottobe stitute the said Division Courts, Courts of llecord. 20 V. c. 60, *^™,''^ °''^«- „ ' ' cord. S. \i. 24. A Plaintiff shall not divide any cause of action into two causes otac- or more suits for the purpose of bringing the same within the tionnottobe jurisdiction of a Division Court liolden under the authority of fo^^t]u^^t this Act, but any plaintiff, having a cause of action above the tion; but excess value of one hundred dollars, for which a suit might be brought Sd." "^''''" under this Act, if the same were not above that sum, may aban- don the excess in the first instance on the face of the claim sued on, and upon proving his case, may recover to an amount not exceeding one hundred dollars, and the judgment of the Court upon such suit shall be in full discbarge of all demands in res- pect of such cause of action, and the entry of judgment shall be made accordingly ; but no unsettled account to a greater amount than two hundred dollars shall be sued for in anv of the said Courts. 20 V. c. 60, s. 18. 25. Any executor or administrator may sue and be sued in Executor, &c., any such Division Court, in like manner as if he were a party "uej™'^''" in his own right, and judgment and execution shall be such as in the like cases Avould be given or issued in any Superior Court ; and any one under the age of Twenty-one years may ^iso Minors prosecute a suit, in any such Court for any sum of money not ibr wages. exceeding one hundred dollars, due to him for wages or piece work, or lor work as a servant, in the same "manner as if he were of full age. 20 V. c. 60, s. 19. -'b'- S6. No privilege shall be allowed to any person to exempt No privilege him from the jurisdiction of the Division Courts created by this avowed. Act. 20 V. c. 60, s. 20. 27. When any plaintiff has a debt or demand recoverable Actions against under this Act, against two or more persons partners in trade {^ay°"^j^d|J}-e?' or otherwise jointly answerable, but residing in different Divi- rent divisions, sions, or one or more of whom cannot be found, one or more '^'"• of such persons may be served with the process as hereinafter directed, and judgment may be obtained, and execution issued against such person notwithstanding others jointly liable may not have been served or sued, reserving to the person against whom execution has issued, his right, if any, to demand con- tribution from any other person jointly liable with him. 20 V. c. 60, s. 21. 28. J 004 Cap. 128. Unorganized Tracts — Admin, of Justice. 22 Vict. in what divi- sion suits to be commenced. S8. All suits cognizable in a Division Court under this Act may be entered and tried in the Court holden for the Divi- sion in which the cause' of action arose, or in the Court holden for the Di vision in which the defendant, or one of the defendants, if there be more than one, dwells or carries on business at the time of action brought, and in actions against Division Court Clerks, in the next adjoining Division within the temporary Judicial District ; and with consent of both parties to a suit, the Stipendiary Magistrate may try such suit in any Division Court within the local limits of his jurisdiction. 20 V. c. 60, s. 22. Eacli Court to have a seal. forginsseul. 2D. There shall be a seal for every Court holden under this Act, and all summonses and other process shall be sealed Punishment for or Stamped with the seal of the Court ; and every person who ' ' forges the seal or any process of the Court, or who .serves or enforces any such forged process knowing the same to be forged, or delivers or causes to be delivered to any person any paper falsely purporting to be a copy of any summons or other process of the said Court knowing the same to be false, or who acts or professes to act under any false color or pretence of the process of the said Court, shall be guilty of felony. 20 V. c. 60, s. 2.3. Clerks to issue summonses, &c., and in "what lorms. Register to be kept, also ac- counts. 30. The Clerk of every Division Court holden under the authority of this Act, shall issue all summonses and furnish copies thereof, with the notices thereon, in the form given in the Schedule to this Act marked D, and particulars of the plain- tiff's claim or demand and copy thereof, and of the defendanl's set-ofF, which copy of demand, particulars, or set-oft' are to be furnished to the Clerk by the plaintiff and defendant, respect- ively, and he shall also issue all warrants, precepts and writs of execution, tax costs subject to the revision of the Stipendiary Magistrate, and enter and register a note of all summonses, orders, judgments, executions and returns, and of proceedings of the Court in a Procedure Book to be kept by him, and sball keep an account of all fines payable into Court, and of all suitor's moneys paid into and out of Court, and enter an account of all such fines and moneys in a Cash-book to be kept by him for that purpose, which said Books may be kept in the form given in the said Schedule, and such Clerk shall sign his name on every page of the said books respectively, and the same shall at all times be accessible to the Stipendiary Magistrate whose duty it shall be to inspect and examine the same at every sittings of the Court. 20 V. c. 60, s. 24. Certified copies 31- The entries for the said Procedure book and ('ash- of entries to be book, respectively,, or a copy thereof, signed and certified as a ev} ence. ^^.^^ ^^p^ ^^ ^^^^j^ Clerk, shall at all times be admitted in all Courts and places whatsoever as evidence of such entries and of the proceedings referred to by such entries without any fur- ther proof. 20 V. c. 60, s. 24. 3S. 1859. Unorganized Tracts— Adviiri. of Justice. Cap. 128. 1005 33. The Clerk and Bailiff of every such Division Court The Clerk to shall render to the said Stipendiary Magistrate such accounts '™'^^'"'""^°.""** and returns verified on oath as he may from time to time uate" ^^^^' require. 20 V. c. 60, s. 24. 3S. The Bailiffs of the said Courts shall attend every Duties of the sittings of the Conrls, and shall serve all summonses BaMs- and execute all orders, warl-ants, precepts and writs of the said Courts, and each of such Bailiffs shall also exercise p^^^g the power and authority of a constable and peace officer, during the actual holding of the Division Court of which he is a Bailiff, with full power to prevent all breaches of the peace, riots or disturbances within the Court-room or building wherein the said Court is held, or in the public streets, squares or other places within hearing of such Court, and to arrest with or with- out any warrant all parties engaged in any such disorder or offending against the meaning of this clause, and to bring such offender before the nea,rest Justice of the Peace or any judicial officer having power to investigate the matter or adjudicate thereupon. 20 V. c. 60, s. 24. 34. There shall be payable to the Clerks and Bailiffs on Fees to Clerks every proceeding in such Division Courts, such fees as are ""'' Bailiffs, set down in the Schedule to this Act annexed marked B, and a table of such fees shall be hung up in some conspicuous place in the office of each Clerk, and the fee on every pro- ceeding shall be paid in the first instance by the party on whose behalf such proceeding is to be had, on or before such proceeding, and if not so paid, the payment thereof may be enforced by order of the Stipendiary Magistrate, in the same way as any judgment of the Court can be recovered. 35. If any Clerk, Bailiff or other officer employed in putting Penalty for ex- this Act or any of the powers thereof into execution, exacts, lakec ^cjing undue or accepts any fee Or reward whatsoever, other than such fees as aforesaid, for or on account of any thing done by virtue of or rela- tive to putting this Act into execution, every such person so offending shall, upon proof thereof before the said Court, be for ever incapable of serving or being employed under this Act, in any office of profit or emolument, and shall be also liable to damages to the party aggrieved. 20 V. c. 60, s. 25. 36. The plaintiff, in any suit brought in the said Di- Mode of com- ..^,'iii. i-c • J. mencmgsuils. vision Courts, shall enter a copy, and il necessary, copies oi his demand or claim in writing, which shall be numbered ac- cording to the order in which entered, and thereupon a sum- mon^, bearing the number of the demand or claim on the mar- gin thereof, shall be issued, and it shall be in substance in Particulars of the form to the Schedule to this Act annexed marked D, and ''emand. a copy of such summons, to which shall be attached a copy of the plaintiff's account or of the particulars of his demand, as the case may be, and the notice in the said Schedule of such demand vice in certain cases, 1006 Cap. 128. Unorganised Tracts— Admin, of Justice. 22 Vict. Service of pro- demand or aqcount or claim, shall be served on the defendant made!'"^ ten days at least before the day on which the Division Court is to be holden at which the cause is to be tried ; and the de- livery oT such copies of summons and account or demand to the defendant, or to his wife or servant, or to any grown person being an inmate of his dwelling-house or usual place of abode, trading or dealing, shall be deemed a good service Personal ser- of such summons, account or demand; But personal service of such summons on the debtor shall be necessary in all cases where the amount or damages sued for exceed the sum of eight dollars. 20 V. c. CO, s. 26. Subposnasfor 3^. Either of the parties to a suit may obtain from the witnesses. Clerk of the Division Court wherein the same has been brought, or from any Division Court Clerk within the temporary Judicial District, a summons in the form in Schedule marked D, requiring the attendance of a witness resident within the temporary Judicial District with or without a clause requiring the production of books, papers and writings in his possession Service. or Control ; and in any such summons any number of names may be inserted, and service of any such summons by the bailiff of any Division Court or by any literate person, shall be valid and effectual. 20 V. c. 60, s. 27. Penalty for (lis- 3S. Every person on whom any such summons has pffinas.*'' *"'^" been served, either personally or at his usual place of abode, and to whom at the same time a tender of payment of his expenses were made on the scale of allowance given in the Schedule marked C to this Act, and who refuses or neglects without sufficient cause to appear before the Court or before arbitrators appointed under this Act, or to produce any books, papers or writings required by such summons to be produced, and also every person in Court called upon to give evidence, who refuses to be sw^orn or affirmed (where affirmation is by law allowed) and give evidence, shall forfeit and pay such fine not exceeding twenty dollars as the Stipendiary Magistrate may set on him, and shall moreover be liable to imprisonment by order of such Stipendiary Magistrate for any time not ex- ceeding ten days. 20 V. c. 60, s. 27. How to lie le- 3@. Such fine shall be levied and collected with costs in the vied and ap- same manner as upon a judgment of the Court, and the Avhole or any part of such fine, in the discretion of the Stipendiary Magistrate (after deducting the costs) shall be applicable towards indemnifying the party injured by such refusal or neglect, and the remainder thereof shall be paid over to the Stij)endiary Magistrate, and accounted for by him as aforesaid. 20 y. c. 60, s. 27. Clerk or Baiiiir 40. Any Bailiff or Clerk of the said Courts shall accept may receive ^^^ Xake a confession or acknowledgment of debt, from the de- confessions of „ , . . , r , i ° i ■ x-. • • • /-i ,. judgment. fendant in any suit hereailer ^o be brought m any Division Court who 1859. Unorganized Tracts — Admin, of Justice. Cap. 128. J 007 who may be desirous of making the same, and such confession or acknowledgment shall be in writing, and in the form in the Schedule marked D., and shall be witnessed by the Bailiff or Clerk at the time of the taking thereof. 20 V. c. 60, s. 28. 41. Upon the production of such confession or acknowledg- Upon oath, ment to the Judge, and upon proof thereol by the oath or affida- &c.. being' vit of the said Bailiff or Clerk, and which oath or affidavit shall Zt'Z% also state that ihc party making it has not received and is not entered, fee. , to receive any thing from the plaintiff or defendant, or any other person, for taking such acknowledgment, and that he has no interest in the demand sought To be recovered, then judgment may be entered on such confession. 20 V. c. 60 s. 28. 42. Any defendant may avail himself of the law of set- Set-off, statute off, the statute of limitations, or any other relief or discharge ofii™tations, under any statute or law of Upper Canada, and may set up "ence^by''*^" the same by way of defence on tlie hearing or trial ; and in statute, avail- case of set-off, if the defendant's demand exceeds that of the "^ ^' plaintiff, the Stipendiary Magistrate may non-suit the plaintiff, or if the defendant's demand, after remitting any portion of it he pleases, does not exceed one hundred dollars, the Stipen- diary Magistrate may give judgment for the defendant for the balance found to be in his favor. 43. No statutory defence shall be admitted unless notice No statutory thereof in writing, and a copy of such debt or demand by way feiw'ithout"'' of set-off in the form in Schedule marked D, be delivered notice. to the plaintiff or left at his usual place of abode if within the Division, or if living without the Division, to the Clerk of the said Court, at least six days before the trial or hearing. 44. When judgment is given in any case where a set-off in case of set- has been set up, the judgment of the Stipendiary Magistrate gfl.jud&ment of on such set-off shall be a full discharge as well of the amount MagistraiJto allowed to be set-off as the amount by which such claim of the 'T^J"''*^" defendant exceeded one hundred dollars, and such judgment ° ' shall be so entered accordingly. 20 V. c. 60, s. 29. 45. On the day named in the sammons, the plaintiff shall Appearance of appear in the Division Court in person, or by some person in moVeoftiiai. his behalf, and thereupon the defendant shall be required by himself or by some person on his behalf, to answer ; and on answer being made in Court, the Stipendiary Magistrate shall proceed in a summary way to try the cause and give judgment without further pleading or formal joinder of issue ; and if the Def;iult of de- defendant does not appear as aforesaid, or sufficiently excuse *«""'»"'• his or her absence, or neglects to answer, the Judge, on proof of due service of the summons, may proceed to the hearing or trial of the cause on the part of the plaintiff only, and the order, verdicl or judgment pronounced thereupon after hearing the evidence to be adduced on the part of plaintiff, shall be final and absolute, and as valid as if both parties had attended. 20 V. c. 60, s. 30. 46. 1008 Cap. 128. Unorganized Trads- -Admin. of Justice. 22 Vict. J udge may make an order ior granting .time, &r. 46. The Judge may make an order for granting time to the plaintiff or defendant to proceed in the prosecution or defence of the Suit; andincases where the plaintiff does not appear in person or by some one on his behalf, or appearing, does not make proof of his demand to the satisfaction of the Stipendiary Magistrate, such Magistrate may award the defendant such costs and such further sum of money by way of satisfaction for his trouble and attendance, as he in his discretion thinks proper, and which may be recovered as in other cases provided under this Act. 20 V. c. 60, s. 30. £]xartiination of witnesses, As to examina- lion of parties. 47. On the hearing or trial of any action, or in any other proceeding in the said Division Courts, the parties thereto, and all other persons, may be summoned as witnesses and examined either on behalf of the Plaintiff or Defendant, upon oath (or affirmation, when allowed instead of an oath,) to be administered by the proper officer of the Court ; But no party to a suit shall be summoned or examined except at the instance of the opposite party or of the Stipendiary Magistrate. 20 V. c. 60, s. 31. Affidavits m ay- lie received in certain cases. Books of par- ties when re- ceival^le. 48. In any suit for a debt or money demand not exceed- ing forty dollars brought in any such Division Court, the Stipen- diary Magistrate, in his discretion, may receive the affidavit of any party or witness in such suit resident without the limits of his temporary Judicial District; But the said Sfipendia,ry Magistrate before pronouncing judgment may, in his discre- tion, require any such party or witness to answer on affidavit any interrogatories that may be filed in the cause ; and in such suits the Stipendiary Magistrate, upon proof of and being sktis- fied with the general correctness of the books, of either plaintiff or defendant may, in his discretion, receive the same in evidence, and may give judgment on such evidence for any sum not ex- ceeding forty dollars. 20 V. c. 60, s. 32. Evidence limit- ed to demand stated. Court may ad- journ the case for further evi- denccj &c. 49. No evidence shall be given by the plaintiff or defen- dant on the trial of any cause as aforesaid, of any cause of action, claim or set-off, except of such as has been stated and is contained in the demand account, claim, or set-off entered as before directed ; but the Stipendiary Magistrate may, if he thinks it conducive to the ends of justice, adjourn the hearing of any cause in order to permit either party to sirmmon or produce further testimony, or to serve or give any notice which is necessary to enable such party to enter more fully into his case or defence, or from any other cause which said Stipendiaiy Magistrate deems reasonable, and upon such con- ditions as to the payment of costs and admission of evidence, or other equitable terms, as to him seems meet. 20 V. c. 60, s. 33. Affidavits, how 50. All affidavits to be used in the said Division Courts sworn. Qj. before the Stipendiary Magistrate, may be sworn before him or before any Clerks of the said Division Courts, or before any Commissioner 1859. Unorganized Tracts— Admin, of Justice. Gap. 128. Commissioner for taking affidavits in either of the Superior Courts of Common Law in Upper Canada, or before any Jus- tice of the Peace. 20 V. c. 60, s. 34. 1009 51. Every order and judgment of any Division Courtjudgmentsto holden under this Act, except as herein provided, shall be final ^ ^1"'' ••"' and conclusive between the parties, but the Stipendiary Magis- SirpiaimiffOT" trate may non-suit the plaintift' in any case in which satisfac- allow new irinl. tory proof is not given to him entitling either the plaintiff or the as to new defendant to the judgment of the Stipendiary Magistrate, and '■"^^■ any plaintiff may, at any time before verdict or judgment is pronounced, elect to be non-suited and insist thereon. 20 V. c 60, s. 35. 58. The Stipendiary Magistrate, may in any case if he As to new thinks fit, order a new trial to be had upon such terms as he "■'"'■ thinks reasonable, and in the meantime may stay the proceed- ings ; But a new trial must be applied for at furthest within fourteen days, and good ground be shown therefor by the party applying. 20 V. c. 60, s. 35. 53. The costs of any action or proceeding under this costs disore- Act shall be paid by or apportioned between the parties in such ^^^ j^j^L^ creditors 1012 Cap. 128. Unorganized Tracts- - Admin, of Justice. 22 Vict; creditors who obtain judgment against the debtor in proportion to the amount of the sums really due upon such judgments, and no distribution shall take place until a time reasonable in the opinion of the Judge, has been allowed to the several creditors to obtain judgment ; and if such goods and chattels are not sufficient to satisfy the claims of all the attaching creditors, none shall be allowed to share unless be sued out his attach- ment within one month from the issuing of the first attachment, and the costs of the first attaching creditor shall be paid in full. 20 V. c. 60, s. 41. Custody of pro- 63. All property seized under the provisions of the next perty aitached. preceding section, shall be forthwith handed over to the custody and possession of the Clerk of the Division Court of the EJivision within which the warrant was issued, who shall take the same into his charge and keeping, and shall be allowed all necessary disbursements for keeping the same. 20 V. c. 60, s. 42. Attachment dischargeable by giving se- curity l)y bond. 64. If any person against whose estate or effects any warrant of attachment as aforesaid has issued, or any person on his behalf, at any time prior to the recovery of judgment in the cause, executes and tenders to the creditor who sued out such warrant, and files in the Division Court to which the warrant has been returned, a bond, with good and sufficient sureties, in the form in Schedule marked D, to be approved of by the Clerk of such Division Court, binding the obligors jointly and severally in double the amount of the sum claimed, with condition that the debtor or debtors (naming him, or them) will, in the event of the claim being proved and judgment being recovered thereon as in other cases where proceedings have been commenced against the person, pay the amount thereof, or the value of the property so taken and seized, to the claimant or claimants, or will produce such property whenever thereunto required to satisfy such judgment, such Clerk shall thereupon supersede the warrant, and all and singular ihe property which has been attached shall be restored. 20 V. c. 60, s. 43. If more suits than one — a bond to be given in each suit. Sale of proper- ty attached if security be not given. 65. In case more warrants than one have issued at the suit of separate creditors, a Bond similar to that mentioned in the last preceding section shall be given to the plaintiffs in such suits jointly, and the condition of such Bond shall be adapted to the circumstances. 20 V. c. 60, s. 43. 66. If after the period of one month from the seizure afore- said, the party against whom the warrant or wan-ants issued, or some one on his behalf, does not appear and give such bond with sureties conditioned as above mentioned, then as soon as judgment has been obtained upon such claim or claims, execution thereupon may immediately issue, and the property seized upon such attachment or attachments, or enough of such property 1859. Unorganized Tracts — Admin, of Justice. Cap. 128. 1013 property to satisfy the same, may be sold thereon according to law, or enough of the proceeds thereof may be applied to satisfy the judgment and costs, if the same has been previously sold as perishable properly under the provisions of this Act. 20 V. c. 60, s. 44. 67. In order to proceed in the recovery of any debt due by the gervice of pro- person against whose properly a warrant of atiachment has eess in cases ot issued under this Act, where process has not been pre- ^"^'^'^'J^i'^'"- ^ 1 1 u 1 1 ■ I 11 aforesaid. viously served, such process may be served either personally or by leaving a copy at the last place of abode of the defendant, with any person there dwelling, or by leaving the same at the said dwelling if no person be there found ; and in every case, all subsequent proceedings shall be conducted according to the usual course of practice and proceedings in the said Division Courts. 20 V. c. 60, s. 45. 68. If it appears to the satisfaction of the Stipendiary j,,,,.e(]itor had Magistrate in the trial of any cause, upon affidavit or other suffi- no reasonable cient proof, that any creditor suing out an attachment under the taXnent^'' provisions of this Act, had not reasonable or probable cause for 4afcing such proceeding, then such Stipendiary Magistrate shall order the disallowance of costs and in such case no costs shall be recovered by such creditor. 20 V. c. 60, s. 45. 69. In case any horses, cattle, sheep or other perishable sale of perish- goods or chattels have been taken upon any warrant issued ^'''^ articles, under this Act, the Clerk of the Court having custody or keep- ing thereof, may have the same valued by two indifferent persons, and at the request of the plaintiff suing out the warrant, may expose and sell the same at public auction to the highest bidder, giving at least eight days' notice, at the office of the Clerk of the said Division Court, and at two other public places within such Division, of the time and place of sale, if the articles seized will admit of that notice, otherwise he may sell the same at his discretion. 20 V. c. 60, s. 46. 70. It shall not be compulsory upon the Bailiff or Con- Security to be stable to seize, nor upon the Clerk to sell such perishable ^'Y^'^yP"'? articles, until the party suing out the warrant has given a bond to the defendant or defendants therein, with good and sufficient sureties in double the amount of the appraised value thereof (to be ascertained as aforesaid) conditioned that the party directing such seizure or sale will repay the value (hereof, together with all costs and damages that may be in- curred in consequence of such seizure or sale, in case judgment be not obtained for the party who sued out such attachment, and such bond shall be filed with the papers in the cause. 20 V. c. 60, s. 46. 71. Any bond given in the course of any proceeding a* to suit on under this Act, may be sued in any Division Court of the '*"'■'' '^"''• Temporary J 014 Cap. 128. Unorganized Tracts — Admin, of Justice. 22 Vict. Temporary Judicial District wherein the same was executed, and proceedings may be thereupon carried on to judgment and execution in such Court notwithstanding the penalty contained in such bond may exceed the sum of one hundred dollars. 20 V. c. 60, s. 46. '^2. Every such bond may be delivered up to the party enti- same, by the order and at the discretion of such Court may or- der bond to be *]„,! * ,1, enforced or sur- tlCQ 10 me rendered, as the Court, to be enforced or cancelled, as the case may require. 20 case may be. y Kesidue of pro- ceeds, how dealt with. c. 60, s. 46. 73. Any residue remaining after satisfying the judgment with the costs thereupon, shall, by the officer in possession thereof, be delivered to the defendant, or to his agent or to the personin whose custody the same were found, whereupon the responsibility of the Clerk as respects such property shall cease. 20 V. c. 60, s. 47. Matters in dis- pute not over $800 may be referred to ar- bitration. Award to be entered as a judg;ment. Award may be set aside. Subpcenas to witness before arbitrators. T4. The Stipendiary Magistrate holding any Division Court as aforesaid, may, in any case, with the consent in writing of both parties to the suit, order the same, with or without other matters in dispute between the parties and withinthe jurisdiction of the Court as to subject matter but irrespective of amount if not exceeding eight hundred dollars, to be referred to arbi- tration to such persons, and in such manner and on such terms as he may think reasonable and just ; and such reference shall not be revocable by either party, except by consent of the Sti- pendiary Magistrate ; and the award of the arbitrator or arbi- trators or umpire, shall be entered in the cause as a judgment of the Court, and shall be as binding and effectual, to all in- tents and purposes, as if given by the Stipendiary .Magistrates in a cause within his ordinary jurisdiction. 20 V. c. 60, s. 48. tS. The Stipendiary Magistrate may, on application to him within fourteen days after the entry of such award, set the same aside, or may, with the consent in writing of both parties revoke the said reference and order another reference to be made in the manner aforesaid ; and when any reference has been made by any such order as aforesaid, either of the parties to the suit, may obtain from the Clerk of any Division Court, and cause to be duly served, a summons or subpoena requiring the attend- ance before the said arbitrators, of any witness resident within any such Temporary Judicial District, in like manner as before the Stipendiary Magistrate at the sittings of the said Division Courts. 20 V. c. 60, s. 48. Parties may a^ee that the Maffistrale shall try any matter not over $800. 7&. If the parties between whom differences have arisen agree by a memorandum signed by them to refer their causes of action, claims and demands to the Stipendiary Magistrate of a temporary Judicial District, and agree that such Stipendiray Magistrate may try and determine the same, the said Stipen- diary Magistrate shall have power and jurisdiction so to do, provided 1859. Unorganized Tracts — A^min. of Justice. Cap. 128. 1015 provided the subject matter of difference is upon a cause or causes of action not exceeding eight hundred dollars in amount, and not within the subjects excepted from the jurisdiction of the said Division Courts, and so stated in the memorandum. 20 V. c. 60, s. 49. 77. Every such memorandum shall be executed in dupli- Submission to cate, one of which shall be filed with the said Stipendiary Ma- ''ewadeindu- gistrate and the other with the Clerk of some one of the said ^"^"^ "' Division Courts, and shall thereupon confer on such Court ju- risdiction and authority to hear and determine the matters so referred. 20 V. c. 60, s. 49. 78. Upon such memorandum being filed the plaintiff May be filed may enter his claim for suit in such Division Court, and sue ?'"^ proceed- •' ,j . ,. ,' , iiiffs thereon out a summons thereupon as m ordmary cases, and the pro- hadtojudg- ceedings in the said suit maybe conducted to judgment and ex- ment in one of ecution (irrespective of the amount recovered, so that it do not courts. exceed eight hundred dollars) in the same manner as in other suits in the said Court, and the judgment in any such suit shall have the same effect as any other judgment of the Court. 20 V. c. 60, s. 49. 79. If any person wilfully insults the Stipendiary Magis- Punishment of trate or any officer of any Division Court during his sitting or persons insult- attendance in Court, or wilfully interrupts the proceedings of Irate o^r any '^" such Court, any Bailiff or Officer of the Court, with or without officer, &c. the assistance of any other person, may, by order of the Sti- pendiary Magistrate, take such offender into custody, and the Stipendiary Magistrate may impose upon him a fine not exceeding the sum of twenty dollars, and in default of im- mediate payment thereof, may, by warrant under his hand and seal in the form in the Schedule marked D., cause such fine to be levied by distress and sale of thegoods of the offender, together with the reasonable charges of such distress and sale, or such magistrate may commit the offender to the Gaol of the Temporary Judicial District for any period not exceeding one month. 20 V. c. 60, s. 50. 8©. If any Officer or Bailiffof any Court hoi den under this punishment for Act, is assaulted while in the execution of his duty, or if any ^g™J''^"|i^j"y^ rescue is made or attempted to be made, of any goods or IncessX^d"^ other property seized under a process of the Court, the person so offending shall be liable to a fine not exceeding twenty dollars, to be recovered by order of the Stipendiary Magistrate ; and the Bailiff of the Court, or any Peace Officer in any such case, may take the offender into custody, (with or without warrant,; and bring him before such Stipendiary Magistrate accordingly. 20 V. c. 60, s. 51. 81. In case the Bailiff of a Division Court holden under punishment of this Act, employed to levy any execution against goods and Bailiff for ne- chattels, 1016 ^^P- ^2^' Unorganized Tracts — Admin, of Justice. 22 Vict. gleet, conniv- chattels, shall, by neglect, connivance or omission, lose the «nce, &0. opportunity of levying any such execution, then upon complaint o( the party aggrieved by reason of such neglect, connivance or omission, and upon the facts alleged being proved to the satisfaction of the Court, on the oath of a credible witness, the Stipendiary Magistrate may order such Bailiff to pay such damages as the plaintiff appears to have sustained thereby, not exceeding in any case the sum of money for which the said execution issued, and the Bailiff shall be liable thereto ; and upon demand made thereof, and on his refusal to pay the same, payment thereof shall be enforced by such ways and means as are herein provided for enforcing judgments recovered in the said Court. 20 V. c. 60, s. 52. Punishment of 83. If any Bailiff or Officer of any Division Court, acting ^^It'^^ofe^'^*" under color or pretence of the prooesr* of such Court, is guilty toTtion. of extortion or misconduct, or does not duly pay or account for any money levied or received by him under the authority of this Act, the Stipendiary Magistrate, at any sitting of the Court, if the party aggrieved thinks fit to complain to him, may inquire into such matter in a summary way, and for that purpose may summon and enforce the attendance of all ne- cessary parties, and make such order thereupon for the re- payment of any money extorted, or for the due payment of any money so levied or received as aforesaid, and for the payment of any such damages and costs to the parties aggrieved, as the said Stipendiary Magistrate thinks just ; and in default of payment of any money so ordered to be paid by such bailiff or officer within the time specified for the payment thereof in such order, the Stipendiary MagistratCj may, by warrant under his hand and seal, cause such sum to be levied by distress and sale of the goods of the offender, together with the reasonable charges of such distress and sale, and in default of such dis- tress may commit the offender to the Common Gaol of the temporary Judicial District for any period not exceeding ihree months. 20 V. c. 60, s. 33. Punishment of 83. If a Bailiff neglects to return any writ of execution- ingtoretura^'' within three days after the return day thereof, or makes a false Writ or making return thereto, the party who sued out such writ may main- ftlse return. ^g^jj^ ^^ action on the covenant against such Bailiff and hi» sureties in any Court having competent jurisdiction in Upper Canada, and shall recover therein the amount for which the execution issued with interest from the date of the Judgment upon which such execution was issued, or such less sum as in the discretion of the Judge or Jury the plaintiff under the circumstances may be justly entitled to recover, and if a judgment be obtained in such suit against i he Bailiff and his sureties, execution shall immediately issue thereon. 20 V. c. 60, s. 64. 84. 1859. Unorganized Tracts — Admin, of Justice. Cap, 128. I 017 84. The forms contained in the Schedule to this Act an- Forms in the nexed marked D, are given as examples of the forms for pro- r^''"1rH°'^ 'kL eeedings in the said Division Courts, and may be used with valid. such modifications as may be necessary in all actions and pro- ceedings in the said Division Courts, but nothing herein con- tained shall render it erroneous or irregular to depart from the letter of such forms so long as the substance is expressed ; and with reference to forms not contained in the said Schedule, the forms contained in the said Schedule shall be used as guides in framing the same. 20 V. c. 60, s. 55. 85. No order, verdict or judgment, or other proceeding want of formi made concerning any of the matters aforesaid, shall be quashed not to vacate. or vacated for any matter of form. 20 V. c. 60, s. 57. 86. When any levy or distress is made for any sum of Provision for money levied by virtue of this Act, the distress itself shall not P^reons°le^^- be deemed unlawful, nor the party making the same be deemed mg by distress. a trespasser, on account of any defect or want of form in the information, summons, conviction, warrant, precept or other proceeding relating thereto ; nor shall the party distraining, be deemed a trespasser from the beginning on account of any irregularity afterwards committed by the party so distraining, but the person aggrieved by such irregularity may recover full satisfaction for the special damage. 20 V. c. 60, s. 56. 87. Ail actions and prosecutions commenced against Provision for any person for any thing done in pursuance of this Act, shall — protection o( 1. Be commenced within six months after the act com- fn pursuance od mitted, and not afterwards or otherwise ; and 2. Notice in this Act. writing of such action and of the cause thereof shall be given to the defendant, one month at least before the com- mencement of the action ; and 3. No plaintiff shall recover in any such action, if tender of sufficient amends be made before such action brought, or if after action brought, a suffi- cient sum of money be paid into Court with costs by or on behalf of the defendant; and 4. In any such action the defen- dant may plead the general issue, and give any special matter arising under this Act in evidence under such plea ; and 5. If any person brings any suit in any of Her Majesty's Courts of Re- cord in respect of any grievance committed by any Clerk, Bailiff or Officer of any Court holden under this Act, under colour or pretence of the process of the said Court, and the Jury upon the trial of the action do not find greater damages for the plaintiff than the sum of forty dollars, no costs shall be awarded to the Plaintiff in such action. 20 V. c. 60, s. 58. 88. The Queen's Writs shall run from all the Courts writs from of Law and Equity in Upper Canada into the said unorganized Courts of La^r- Country, and have the same force and effect upon persons and run intl^'t'he'" property as similar Writs have ifi the organized parts of Upper unorganized Canada, and may be directed to the Sheriff of the County next ^hom'to°be adjacent thereto. 20 V. c. 60, s. 62. direeted. 89. 1018 Cap. 128. Unorganized Tracts — Admin, of Justice. 22 Vict. Kpgistrar of 89. The Governor in Council may appoint a Registrar ap^nted^or^ of Deeds in and for the unorganized tracts of Country bordering certaia tracts, on and adjacent to Lakes Superior and Huron, who shall re- gister all deeds and other conveyances and agreements relating to lands situate in any part of the said unorganized tracts and laid out and surveyed by the Crown. 20 V. c. 60, s. 63. Where reffis- 90. The Said Registrar shall keep his office in a place his^ffice I'^his ^° ^^ named for that purpose in his Commission, or at such duties, fees. Other place as may be appointed for that purpose from time to '^' time by the Governor in Council, and his duties shall be the same as the duties of other Registrars under the Register Laws of Upper Canada ; his fees shall be the same as those appointed by the Consolidated Statute for Upper Canada respecting the Registration of Deeds, Wills, Judgments, Or he may be Decrees in Chancery and other Instruments, or, the Governor -salary." °"°"^' in Council may order an annual Salary, not exceeding eight hundred dollars, to be paid to the said Registrar out of the Consolidated Revenue Fund of this Province, in lieu of such fees, which fees shall in such case be paid into such Revenue. 20 V. c. 60, s. 64. Act not to ap- 91. So soon as Provisional Judicial Districts are formed as si'onal Sistricis hereinafter provided, including any temporary Judicial District formed under this Act, the provisions hereinbefore conlained shall cease to have any force therein except so far as may be necessary for supporting any process and proceedings issued, had or taken before or at the time when such Provisional Districts are formed. 20 V. c. 60, s. 61. PROVISIONAL JUDICIAL DISTRICTS. Governor may 99. The Governor may, from tinre to time, by Proclama- iT^i'ciai'dis- ^io'^ under the Great Seal, declare that from and after a certain triets out of un- day to be therein named, a certain part or certain parts or the too^'"^^'' whole of the unorganized tracts of country in this Province bordering upon and adjacent to Lakes Superior and Huron, in- cluding the Islands in those Lakes which belong to this Province, and also all other parts of Upper Canada which are not now included within the limits of any County or Township, shall form a Provisional Judicial District or Provisional Judicial Dis- tricts, and define the limits of such Provisional Judicial District or Districts ; and such Provisional District or Districts shall thereupon be formed accordingly. 16 V. c. 176, s. 1. Governor may 93. The Governor may during the continuance of any \!^^\A?r^^f^^ such Provisional Judicial District formed as aforesaid, issue noiamg ol cer- .. ... iiii. i- r tain Courts in the necessary commissions authorizing the holding therein oi such provision- Qourts of Assize and Nisi Prius, Oyer and Terminer and Ge- " "" '■ nerai Gaol Delivery. 16 V. c. 176, s. 2. Governor may 94. The Governor may, appoint in each such Provi- "SliohprovU sional Judicial District a fit and proper person, being a Barrister sional districts, of not less than five years' standing at the Bar of Upper Canada, to 1859. Unorganized Tracts— Admin, of Justice. Cap. 128. JQIS to be Judge thereof, and such Judge shall have the same their powers, powers, duties and emoluments, and be paid in the same sa'^fyj^cc. manner as a County Judge in Upper Canada, but his salary shall not exceed two thousand dollars per annum, and he shall hold his office during pleasure, and shall reside within the limits of his Provisional Judicial District, and shall not directly or indirectly practise or carry on or conduct any busi- ness in the profession or practice of the Law while holding his office of Judge, on pain of forfeiting the same, and of a penalty of four hundred dollars. 16 V. c. 176, s. 3. 95. The Governor may pay to the Sheriffs and other Governor may officers of every Provisional Judicial District, by way of Salary paySheriffi .1 • t. e • ^ 1 i_ 1 • / &c., of such or otherwise, out ot any unappropriated moneys belonging to districts. the Consolidated Revenue Fund of this Province, such several sums of money as he may think reasonable for the services performed by such Officers respectively. 16 V. c. 176, s. 4. 98. The Laws now in force, with respect to the holding certain laws tc of Courts of Quarter Sessions of the Peace, County Courts and ^''P'Vd-^ri'cf' Division Courts, in the several Counties in Upper Canada, and which shall be' to the composition, power and jurisdiction of such Courts res- considered as pectively, and to the appointment, powers, duties and emolu- regard to them ments of Sheriffs, Coroners, Clerks, Constables and all other Officers attached to such Courts or employed in the adminis- tration of justice in connection therewith, shall extend and apply to such Provisional Judicial Districts, and such Districts shall be deemed and held to be Counties for all and every the purposes of such Laws. 16 V. c. 176, s. 5. 97. Such Courts shall be htOd at the place in each such Where Courts Provisional Judicial District which the Governor in Council \°.^^.''t'f'i,„ , _ , . ~ . . . , , , Uistncts to be by Proclamation from time to time appoints, and the word substituted for " District " shall be substituted for the word " County " in the Counties. titles of such Courts and Officers, as well as in the interpreta- tion of such Laws, in their application to such Provisional Judicial Districts. 16 V. c. 176, s. 5. 98. The Justices of the Peace appointed for any such Justices of the Provisional Judicial District, or for any part or parts of this ^e^po^°er'f^^ Province included therein, or wherein the same may be in- which Justice eluded, shall have, use, exercise and enjoy within such Provi- ^Id'TnThedts- sional Judicial District, all the jurisdiction, powers and autho- tricts in Upper rities, and discharge and perform all the duties which the Canada. Justices of the Peace in Upper Canada by law had and were entitled and required to use, exercise and enjoy, discharge and perform immediately previous to and upon the twenty-seventh day of August, one thousand eight hundred and forty-one ; and also all such other powers and jurisdiction as may have been since conferred upon Justices of the Peace in general, in Upper Canada ; But it shall not be necessary for any such Justice of the Peace to possess the property qualification required ]020 Cap. 128. Unorganized Tracts- - Admin, of Justice. 22 Vict. Any teiTitorjr Aot imtluded ia any township may be includ- ed in a provi- sional district. When it shall be ag:ain se- paraltxl. required by the "Act for the qualification of Justices of the Peace ;" And all such Justices of the Peace and other officers, shall be entitled to the benefit of all provisions of law in force in Upper Canada for the protection of Justices of the Peace and such other Officers as aforesaid. 16 V. c. 176, s. 6. 99. The Governor, may by Proclamation as aforesaid, include within the limits of any such Provisional Judicial Dis- trict, any portion of any County in Upper Canada not included in any Township ; and thereupon such portion shall for all purposes connected with the administration of Justice cease to belong to such County ; but whenever such portion, or any part thereof, is formed or erected into a Township, the same shall thereupon cease to belong to or form part of the Provi- sional District and shall belong to the County from which it has been detached ; and whenever any portion of any such Provisional Judicial District which at the time of the formation thereof was not included in any Township or Couniy, is formed or erected into a Township or Townships, and attached to any County in Upper Canada, the same shall in like manner thereupon immediately cease to belong to or form part of such Provisional Judicial District. 16 V. c. 176, s. 7. 10©. All crimes and ofiences committed in any of the said unorganized tracts of Country in Upper Canada, including Lakes, Rivers and other waters therein, not embraced within the limits of any organized County, or within any Provisional Judicial District, may be laid and charged to have been com- mitted and may be enquired of, tried and punished within any County, and such crime or offence shall be within the jurisdic- tion of any Court having jurisdiction over crimes or offences of the like nature committed within the limits of the County before which Court such crime or offence may be prosecuted, and such Court shall proceed thereon to trial, judgment, and execution, or other punishment for such crime or offence, in the same manner as if such crime or offence had been commit- ted within the County where such trial is had. 2 W. 4, c. 2, s. 3,-16 V. c. 176, s. 8-20 V. c. 60,-59 G. 3, c. 10, s. 1. Where lolM I®1. When any Provisional Judicial District, or new tried when ju- (jouniv IS formed and established in any of the unorganized' dlUial 4)Slni-tS ^ n ^ r ■ 1 ^ ■ 11 1-11 ornewcounties tracts 01 County aforesaid and is so declared by law, or are formed. ^,y {j,g Governor by Proclamation under the Great Seal, all crimes and offences committed within the limits of such Provisional Judicial District or new County, shall be enquired of, tried and punished within the same, in like maimer as such crimes or offences would have been enquired of, tried and punished if the last preceding Section had not been made or passed. 2 W. 4, c. 2, s. 2,-16' V. c. 176,-20 V. c. 60,-59 G. 3, c. II), s. 2. When crimes and offences in unorganized tracts may Iw charged to have been commit- ted and be tried. Certain build- ingslo be 103. All building.^ and erections provided by the Commis- sioners of Public works by direction of the Governor in Council for 1859. Unorganized Tracts — Admin, of Justice. Cap. 128. 1021 for the holding of Courts and for the safe custody of Prisoners deemed Gaota in such Provisional Judicial Districts as aforesaid, shall for the »/ ^u'j'i.provi- time being be deemed the Court Houses and Gaols of each of *'°"^' ^'*'"°'*- such Provisional Districts respectively. 16 V. c. 176, s. 10. 103. Any Sheriff or other Officer whose duty it is Any persons or who may be legally required to summon and return Jurors ""'y '^* retu™- or persons to serve as Jurors, within any of the said Provi- tte wid prori!" sional Districts, shall and may select, choose and return for eionai disiriots. such Jurors any of the inhabitants of such Provisional Districts respectively, without reference to the mode prescribed for select- ing, balloting or returning Jurors by the Upper Canada Ju- rors' Act, and Juries de medietate linguae., and Juries of a like nature, may be ordered by the Court before which any cause or prosecution in any of the said Provisional Districts may be pending. 16 V. c. 176, s. 11. INCITING INDIANS. 1 ©4. Any person inciting any Indians or half-breeds frequent- Persons incit- ing or residing in any of the unorganized tracts of country afore- j?s Indians, said, to the disturbance of the public peace or to the commission commission of of any other indictable offence, shall be guilty of a felony, and wrtain oflence* upon conviction thereof shall be sentenced to imprisonment for not able. more than five years nor less than two years in the Provincial Penitentiary. 16 V. c. 176, s. 9. 105. Any person accused of inciting Indians or half-breeds persons acci»- as aforesaid, or accused or convicted of any other crime or ed or convicted offence in any such Provisional District as aforesaid, may be such proTi"sion^ committed to any Common Gaol in Upper Canada; and the ai districis may- Constable or other officer having charge of such person and ^^ any^Gaoi in entrusted with his conveyance to any such Common Gaol, may Upper Canada, pass through any County or Counties in Upper Canada with such person in his custody, and the keeper of the Common Gaol of any County in Upper Canada in which it may be found neces- sary to lodge for safe keeping any such person as aforesaid so being conveyed through such County in custody as aforesaid, shall receive such person and him safely keep and detain in such Common Gaol for such period as may be reasonable or necessary, and the Keeper of any Common Gaol in Upper Canada, to which any such person may be committed as afore- said, shall receive such person and him safely keep and detain in such Common Gaol under his custody until discharged in due course of law, or bailed in cases in which bail may by law be taken. 16 V. c. 176, s. 9. 1®6. This Act shall be known and cited as " The Act rpiue. respecting the administration of justice in unorganized tracts." SCHEDULE 1022 ^^P- 1^8- Unorganized Tracts— Admin.. of Justice. 22 Vier. SCHEDULE A..— Vide s. 19. COVENANT BY THE CLERK OB BAILIFF. Know all men by these presents that we, J. B., Clerk, [or Bailiff, as the case may be), of the Division Court number , in the Temporary Judicial District of , S. S., of , in the , and P. M., of , in the , do hereby jointly and severally for ourselves and for each of our heirs, executors and administrators covenant and promise that J. B., Clerk (or Bailiff) of the said Division Court {as the case may be) shall duly pay over to such person or persons as may be entitled to the same, all such moneys as he shall receive by virtue of the said Office of Clerk (or Bailiff, as the case may be), and shall and will well and faithfully do and perform the duties imposed upon him as such Clerk, [or Bailiff) by Law, and shall not misconduct himself in his said Office to the damage of any person being a party in any legal proceeding ; nevertheless it is hereby declared that no greater sum shall be recovered under this covenant against the several parties there- unto than as follows, that is to say : Against the said J. B. in the whole. Against the said J. S. " Against the said P. M. " In witness whereof, we have to these presents set our hands and seals, this day of , in the year of Our Lord, one thousand eight hundred and Signed, sealed and delivered, in the presence of L. S. L. S. L. S. SCHEDULE 1859. Unorganized Tracts — Admin, of Justice. Cap. 128. SCHEDULE B.— Vide s. 34. TARIFF OF FEES AND ALLOWANCES TO BE RECEIVED BY CLERKS AND BAILIFFS. 102 9. CLERKS' FEES. Entering every Account and issuing Summons Copy of Summons, Particulars of Demand or Set Off, each Every Summons to Witnesses with any_ number of names Entering Bailiff's returns to Summons to Defendant Every copy of Subpoena when made by the Clerk Entering Set Off or other Defence requiring notice to Plaintiff. Adjournment of any cause Entering every Judgment or order made at hearing Taking confession of Judgment. . . Every Warrant, Attachment or Exe- cution Drawing every bond including Affi- davit of Justification For every Affidavit taken, and draw- ing the same, if not over 3 folios, if over that number, 3 cents per folio. Every search on behalf of a person not a paity to a Suit, to be paid by the Applicant Every search for a party to a Suit when the proceedings are over a year old BAILIFFS' FEES. Service of Summons or other Process, except Subpcena, 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 propei-ty seized. For necessary notices of sale under e.xecution 20 cents each Not ex- ceeding $20. Exceed- ing $20 and not $60. $ 00 cts. 20 $ 00 cts. 30 00 10 00 15 00 10 00 10 00 05 00 05 00 05 00 05 00 00 15 20 00 00 20 20 00 00 15 15 00 00 20 15 00 25 00 30 00 75 00 75 00 20 00 20 00 10 00 10 00 10 00 10 00 00 00 10 07 15 00 00 00 15 07 15 00 30 00 40 00 00 50 25 00 00 50 26 Exceed- ing $60 and not $80. $ 00 cts. 40 $ 00 00 20 00 00 10 00 00 05 00 00 05 00 00 00 20 20 00 00 00 00 25 15 00 00 00 40 00 00 00 00 00 00 00 00 00 00 00 Exceed- ing $80. cts. 50 25 10 05 05 25 20 30 15 50 00 I 75 00 20 00 j 10 I 00 10 00 00 00 00 00 00 25 07 15 80 50 25 For necessary travel to serve Summons and other process, or to execute Warrant or Attachment, a sum in the discretion of the Stipendiary Ma- gistrate, not exceeding 13 cents per mile travel from Clerk's office. Upon the sale of any property under any Execution, the sum of two and a half per cent on the amount realized, and not to apply lo any overplus on the Execution. SCHEDULE 1024 Cap. 128. Unorganized Tracts— Admin, of Justice. 22 Vict. 75 SCHEDULE C— Fides. 38. ALLOWANCE TO WITNESSES. Attendance per day in Court Travelling expenses, a reasonable sum in the dis- cretion of the Stipendiary Magistrate, not exceeding 20 cents per mile, one way. And where a witness attends in two or more causes, his ex- penses may be apportioned between or amongst such causes if the Stipendiary Magistrate shall think fit. — Vide s. 84. No. 1. A. D. 18 1851. SCHEDULE D.— Vide s. 30. PROCEDURE BOOK. Division Court, for the Ensuing Sittings, 26th February, 18 John Doe vs. Thomas Roe. of I of 1st Jan. 11th « 24th « 28th " 10th Feb. Received particulars of plaintiff's demand (on contracit) for $ and plaintiff paid towards costs. Issued summons to Bailiff, costs and mileage. Summons returned served the day of Defendant paid $ demand and costs. Paid plaintiff $ demand and costs, deposited. No. 2. A. D. 18 John Den vs. Thomas Fen. of I of 10th Jan. t'eb. 12th 20th 8th 13th 20th 20th March. Received particulars of plaintiff's demand (for Tort) for $20 plaintiff paid on account of costs and directed tw9 subpoenas, and gave notice to try by Jury. Issued summons to Bailiff, costs and mileage. Summons returned served the day of Issued Jury summonses and subpoenas to Bailiff. Jury summonses returned seiTed, 10 miles travel, subpcenaa served also. Both parties appeared, cause tried, judgment for plaintiff oa verdict for dollars cents damages, and dollars cents costs, to be paid in days. Defendant paid dollars in full of judgment and costs. No. 3. A. D. 18 James Jones vs. Thomas Thompson. of I of 11th Jan. Received particulars of plaintiff's demand (on $ and on account of costs. contract) for 12th " Issued summons to G. G. Bailiff; costs and mileage. 1st Feb. Summons returned, served the day of travel. 9 miles - 3rd " Defendant executed Cognovit for. 20th " Judgment for plaintiff— debt, and dollars , costs, to be paid in days. 10th March. Defendant paid $ debt and costs. N. ^.-^T he proceedings in a suit may he continued from page to page giving a reference from one to another ; and the sums of money may be in currency. See 16 V. c. 158 i!^- 20 V. c. 18. CASH 1859. Unorganized IVacts — Admin, of Justice. Cap. 128. 1025 O O n en < K o o 5 3 d It^ O O .^-^ g^ U3 1 c o m (- o s ffi o CO ;o o o wcifftos 00 < » ■ O) Pi -3-3 fj 00 - (?) « f) rH 3 4 s o ■ o £ ^ O 'j3 ^ 0) ID ■"SO ft.-s 3 3 CI3 -M _ ■*-• o o o ««■ ■3 ^ o » » » o CO o o m CVJO «3 «3 iH « .1 S CD U i3 ffl u .3 3 'S ■3 s 3 C3 m ci O o Eh 00 a) 3 p^^^e^ 12th July, 1819. 3. CONVEYANCES by mamed women. J 1044 Schedule of Acts of Upper Canada. 1 GEORGE IV. Cap. 2. PARLIAMENTARY REPRESENTA- J „ j -,.u n/r i, ioo« rjijQjj_ > Passed 7th March, 1820. 2 GEORGE IV.— 1st Session. Caps. , 3. DIVISION of the Province, Counties, &c. " All not already repealed or expired except ss. 2, 4, 5, 6, 10 and 11. 3-. MILITIA PENSIONS. 11. ILLEGAL Solemnization of Marriages. 12. PROMISSORY NOTES and Bills for small sums. *^- N'^iS^^Y^or'k?^' I Took effect 1st July, 1822. 14. CONVEYANCES by Married Women. 32 TYTHES. I ^°'^ February, 1823, by Pro- 5 clamation. 2 GEORGE IV.— 2nd Session. Caps. 1. COMMON LAW COURTS, K. B. All ) not heretofore repealed. [ Passed 17th January, 1822. 5. PRACTICE OF LAW, Law Society. ) ► Passed Uth April, 1821. 4 GEORGE IV.— 1st Session. Cap. 16. WEIGHTS AND MEASURES. Allnot ) p^^^^^ ^^^^ heretofore repealed. j ' 4 GEORGE IV.— 2nd Session. Cap. 18. LIQUORS, Licenses to sell. Passed 19th January, 1824. 7 GEORGE IV. •Cap. 6. MILITIA PENSIONS. Passed 30th January, 1826. 8 GEORGE IV. 'Caps. 3. PHYSIC AND SURGERY. ) '6. GUARDIANS. > Passed 17th February, 1827. 11. ALE HOUSES. ) 9 GEORGE IV. Caps. 2. RELIGIOUS SOCIETIES, lands for sites" of Churches, ss. 1 , 3. i p^^^^ 25th March, 1828. 4. APllONb to ) r^^^y. gg-gjjt 1st May, 1829. Mill Dams. ) Cap. Schedule of Acts of Upper Canada. 10 GEORGE IV. 1045 1. QUAKERS, Menonists and Tunkers, ss. > ,, a cn.i. -mt v ,an,v 12. C Passed 20th March, 182&. 11 GEORGE IV. Caps. 1. APPROPRIATION of Fines. 4. INDIGENT DEBTORS. 5. LAW of Set off extended. 9. LICENSES. 20. INSANE DESTITUTES. 36. MARRIAGES, ss. 3, 5. 6. Passed 30th January, 183(y. ► Passed 6th March, 1830. ) 2nd March, 1831, by Procla- ] mation. Caps. 1. VARIANCES. 2. CONVEYANCES by Married Women Except s. 3. 1 WILLIAM IV. by) Took effect 1st August, 1831. Passed 16lh March, 1831. 2 WILLIAM IV. Caps. 1. BASTARDS. 2. LAKES and Rivers. 4. JUSTICES of the Peace. 6. STOCK in Companies. 35. PARTITION of Real Estate. Passed 23rd December, 1831. It a Passed 28th January, 1832. <( (( Proclaimed. 3 WILLIAM rv. Caps. 2. PRISONERS.— Witnesses, all not hereto- fore repealed. 3. CAPITAL OFFENCES. 4. CORRUPTION of Blood. 6. FUGITIVE OFFENDERS. 7. CORPORATIONS, ss. 1, 2. 8. SHERIFFS. 9. DOWER. 28. THAMES RIVER. 29. WHITE FISH, Fisheries. 34. LIGHT HOUSES. 43. PROVINCIAL PENITENTIARY. 45. DESTITUTE INSANE. ► Passed 13th February, 1833. Caps. 1. REAL PRO PERTY. 2. JUDGES, K.B. 4. PETTY TRESPASS. 5. BAIL. 7. REPLEVIN. 50. SPIRITUOUS LIQUORS. 4 WILLIAM IV. 1 Took effect 1st July, 1834. ► Passed 6th March, 1834. 1046 Schedule of Acts of Upper Canada. 5 WILLIAM IV. Caps. 1. BILLS of Exchange ) ^^^^ ^g.^^^ ^ j^j and Promissory > iook Notes. S ^^3^- 2. ERROR. 10. PUBLIC HEALTH. 36. MILITIA PENSIONS, s. 1, except the [ Passed 16th April, 1835 Recital. \ Passed 16th April, 1835. Passed 24th February, 1835. IV. 6 WILLIAM Caps. 3. PUBLIC LANDS. 4. LIQUORS, Licenses to sell, ss. 7, 8 and all not heretofore repealed. 15. FISHERY in Burlington Bay. 18. MUTUAL Insurance Companies. 29. DESTRUCTION of Wolves. 44. FELONY, full defence by Counsel. ■ Passed 20th April, 1836. 29th September, 1836, Proclamation. by 7 WILLIAM IV. Caps. 1. KING'S BENCH, repealed. 2. COURT of Chancery, except Sec 3. AMENDMENT All not heretofore 12. Except Took eifect 1st June, 1837. Took effect 1st June, 1837. of Law s. 1. LARCENY. BILLS of Sale, Exchange and Promissory Notes, CRIMINAL OFFENCES. TRANSPORTATION of Convicts. SEDUCTION. CORPORATIONS. ESTREATS. Took effect 1st June, 1837. GENERAL Quarter Sessions, ss. 2, 4. STATUTES.— Form of enactments in, &c. Except Sections numbered 14 to 20, so far as respects any Corporations to which those Sections apply. PRACTICE of Law. Except s. 2. DISTRICT FUNDS. NAVIGATION, all not heretofore repealed. 96. GRANT for salaries of Keepers of Light- houses. 103. MILITIA PENSIONS. 4. 5. 6. 7. 8. 9. 10. 11. 14. 15 18 22 ■Passed 4th March, 1837, 1 VICTORIA.— 2nd Session. Caps. 5. GAOLS. Except s. 6. 7. JOINT CONTRACTORS. I Passed 12th January, 1838. Schedule of Acts of Upper Canada. 1047 1 VICTORIA.— 2nd Session— Continued. Caps. 9. OUTLAWRY. 11. UNLAWFUL TRAINING. U. COURT of Chancery. 16. DISTRESSES, levying, &c. 18. MACHINERY. 21. TOWNSHIP OFFICERS. All not here- tofore repealed. U. MILITIA PENSIONS. ■Passed 6th March, 1838. 2 VICTORIA. Caps. 1. KING'S BENCH. 2. COMMISSIONERS, 4. PETTY TRESPASSES. 6. CONVEYANCES by Married Women. Except ss. 1, 4. 7. OUTLAWRY. 15. PROTECTION of Public Lands. 16. RIVERS and Creeks. Passed 11th May, 1839, 3 VICTORIA. Caps. 3. DESERTERS. 4. PROMISSORY NOTES. 8. BILLS of Exchange, ss. 2, 3. 12. FOREIGNERS, Aggressions by. 13. INDIANS. 14. GAOLS. 17. WEIGHTS and Measures, s. 3. 20. SPIRITUOUS LIQUORS. 27. MILITIA PENSIONS. 28. MILITIA PENSIONS. 73. RELIGIOUS SOCIETIES. Passed 10th February, 1840. 3rd December, 1841, by Pro- clamation. 4, 5 VICTORIA. Caps. 12. JUSTICES of the Peace. 41. MEDICAL PRACTICE. 64. MUTUAL INSURANCE COMPANIES. ^ Passed 27th August, 1841. [ Passed 18th September, 1841.- 7 VICTORIA. Caps. 30. ADVERSE CLAIMS Interpleading, 33. SHERIFFS AND CORONERS. 36. RIVERS AND RIVULETS. Passed 9th December, 1843, Caps. 8 VICTORIA. 7. COUNTIES, Districts and Townships. ) - - , ^ , . , . ^ Passed 10th February, 1845. Except s. 1, and Schedule A. 8. HEIR AND DEVISEE CLAIMS. ) 1048 Schedule of Acts of Upper Canada. 8 VICTORIA.— Continued. Caps. 13. DISTRICT COQRTS. All not heretofore "I repealed, except s. 76. [ 15. UELIGIOUS SOCIETIES may hold f Passed 17th March, 1845. lands. I 20. LINE FENCES and Water Courses. J 38. FEES of District Officers. 44. BRIDGES, fast driving on. 45. SUNDAY, profanation of. .i„ a oo,u i^r t,iq.« 48. INSOLVENT DEBTORS. }• Passed 29th March, 1845v 50. FERRIES. 66. HURON DISTRICT Mill Dams. 9 VICTORIA. Caps. 6. CONVEYANCE of Real Property. ^ 7. DISTRICT COURTS I ^°°''- effect 1st I Passed 18th May, 1846. ■ ) June, 1846. ) 9. FERRIES. ■^ 10. CHANCERY. 11. FINES AND RECOVERIES. J- Passed 18th May, 1846. 17. SCHOOLS, sites for. j 33. SUPERIOR COURTS, Accommodation ^ of, Fund for provided. | 34. REGISTRY LAWS. Except s. 2. V Passed 9th June, 1846. 56. SHERIFF'S POUNDAGE. | 58. ADMINISTRATION of Criminal Justice. J 90. BUILDING SOCIETIES. Passed ISth May, 1846. 10, 11 VICTORIA. Caps. 5. PRESCRIPTION. Passed 9th July, 1847. 16. REGISTRY LAW. 18. MARRIAGES. 20. RIVERS AND RIVULETS. <> Passed 28th July, 1847. 23. MASTER AND SERVANT. 29. PRACTICE OF LAW. 11 VICTORIA. Cap. 10. MILL DAM on Moira River. Passed 23rd March, 1848. 12 VICTORIA. Caps. 9. PROTECTION of Public Lands. Passed 25th April, 1849. 35. SURVEYS from s. 26 to 50 both inclusive. 1 63. COMMON PLEASE AND APPEAL, i Took effect 1st Jan- All not heretofore f uary, 1850. repealed. J > Passed 30th May ,^1849. Schedule of Acts of Upper Canada. 104& 12 YJCTORIA.— Continued Caps. 64. CHANCERY. 66. DISTRICT COURTS. All not heretofore repealed. 71. TRANSFER of real ) ^p , «■ ^ ow property. Allnot T?°k feet Sj t heretofore repealed. ) December, 1849. 72. INFANTS, Real Estate. 73. MORTGAGORS, sale of the interest of in execution. 76. BILLS OF EXCHANGE, damages on protest. 77. COMMISSIONERS, appointment of, for taking affidavits. 78. COUNTIES, names of, &c. All not here- tofore repealed. 79. COUNTIE.S names" • Passed 30th May, 184.9. of, s. 2, having been inadvertently re- pealed by 22 V. 0. 1 99, is hereby reviv- • ed, subject to the provisions of the 22 V. c. 115. Took effect 1st January, 1850. 85. WEIGHTS AND MEASURES. 86. MUTUAL INSURANCE COMPANIES. 87. MILL DAMS. 91. RELIGIOUS SOCIETIES, s. 2. Passed 25th April, 1849. Passed 30th May, 1849, 13 & 14 VICTORIA. Caps, 48. COMMON SCHOOLS. 50, CHANCERY. 51, COURTS of Common Law, and Error and Appeal, All not heretofore repealed except s. 1. 52, COUNTY COURTS, ) Took effect 1st 53, DIVISION COURTS, \ January, 1851, 54, APPEALS — Summary Convictions. 55, JURORS. 56, CORONERS, 58, DOWER, Passed 24th July, 1850. -Passed 10th August, 1850. Passed 24th July, 1850. Passed 10th August, 1850. 60. SLANDER AND LIBEL. ) 61. LIMITATIONS, virrit- ) Took effect 1st \ Passed 24th July, 1850. ten memoranda. ) January, 1852. ) 63. REGISTRY LAWS. 68. LUNATIC ASYLUM, Public Buildings, 70, MARRIAGE LICENSE FUND, 71, CLAIMS BY GOVERNMENT. 74, PROTECTION OF INDIANS, 75. MILL OWNERS. Passed 10th August, 1850. Passed 24th July, 1850, 1050 Schedule of Acts of Upper Canada. 13 & 14 YIGTORIA.— Continued. Caps. 76. CEMETERY COMPANIES. 77. CEMETERIES. >„ , .^,, . , ,„-. 78. RELIGIOUS SOCIETIES. J- Passed lOth August, 1850. 79. BUILDING SOCIETIES. Caps. 5. COUNTIES and"\ Territorial Divi sion, ss. 1,2, 11, > 17, and Schedules A. B. C. 14 & 15 VICTORIA. Took effect 1st Jan- uary, 1852. •6. PRIMOGENITURE. 9 11 12 13 14 Took effect 1st J January, 1852. 7. TRANSFER of Real Property. 8. LEASING of Lands. CROWN DEBTS to be registered. APPRENTICES and Minors. HEIR and Devisee, claims. ADMINISTRATION of Criminal Law. PAYMENT OF JURORS. 45. MORTGAGES. 54. PROTECTION OF MAGISTRATES. 56. FEES on Patents of Public Lands. 64. REPLEVIN. 65. JURORS. 94. BILLS and Notes. 111. COMMON SCHOOLS. CONVEYANCE of real estate by married women, ss. 1, 2. INSOLVENT DEBTORS. DEPUTY CLERKS ) m , a- , ■, , en 4. I, f Took effect 1st 01 Crown to be > t icko Clerks of Assize. ) January, 1852. FE ES of Justices ) Took effect 1st No- of the Peace. \ vember, 1851. OBSTRUCTIONS in Rivers. -Passed 2nd August, 185 L 115. 116. 118. 119. 123. ■ Passed 30th August, 1851. Caps. 19. EVIDENCE. 20. COUNTY COURTS. 16 VICTORIA. I Passed 10th November, 1852. 89. UNIVERSITY OF TORONTO. Except J p^^^^^ 22nd April, 1853. s. 46. 119. COUNTY COURTS. Took effect 31st December, 1853. 120. JUPi-ORS. Took effect 1st July, 1853. 121. MORTGAGEES, entry by. 124. HARBOURS, Docks, Piers, Joint Stock Companies. ■Passed 23rd May, 1853. Schedule of Acts of Upper Canada. 1051 Caps 175. 176. 177. 178. 180. 182. 185. 186. 187. 188. 190. 192. 193. DIVISION COURTS. 16 VICTORIA.— CoM^mMc^i, COURTS OF COM--) MON LAW, Prac- 1 Took effect 1st tiee. All not here- J July, 1853. tofore repealed. J UNORGANIZED TRACTS. Took effect 1st July, 1853. APPEALS respecting ) Took effect 1st by-laws, s. 26. \ July, 1853. PROTECTION of Justices of the Peace. ASSESSMENT > Took effect 1st Jan- LAWS. \ uary, 1854. COMMON SCHOOLS. GRAMMAR ) Took effect 1st January, SCHOOLS. I 1854. REGISTRY LAWS. Took effect 20th June, 1853. JOINT STOCK COMPANIES for making roads, bridges, wharves, &c. MUTUAL Insurance Corripanies. STANDARD WEIGHTS. LUNATIC ASYLUM. - Passed 14th June, 1853. Caps 21. 22. 69. 83. 92. 118. 119. 120. 121. 122. 123. 124. 125. 126. 127. 128. 130. 131. 132. 135. 136. 137. 138. 18 VICTORIA. ASSESSMENTS. Except s. 1. HARBOUFi. and Dock Companies. HALTON and Wentworth, s. 5. BOUNDARY LINES, ss.,8, 9. CRIMINAL LAW and Procedure, s. 39. REPLEVIN. SALE of lands by Religious Societies. Except s. 2. MUTUAL Insurance Companies. EDUCATIONAL- INSTITUTIOMS. ACCOMMODATION of Courts of Supe- rior Jurisdiction. COURT of Error and Appeal. DORMANT EQUITIES. DIVISION COURTS. ^ ^"°^ ®^®°* ^®* ■ Passed 18th December, 1854. Passed 3rd April, 1855. Passed 19th May, 1855. Passed 30th May, 1855. ■Passed 19th May, 1855. CUSTODY of Infants., REGISTRY LAWS. July, 1855. Took effect 1st July, 1855. REPORTERS Courts of Law and Equity. . p^g^^ goth May, 1855. PAYMENT of Jurors. ' •" SEPARATE SCHOOLS. GRAMMAR and Common Schools. WEIGHTS and Measures. MASTERS and Servants. LINE FENCES and Water Courses. HIGHWAYS. " Law of the P^oad." 139. Roads, Bridges, &c., s. 1. 1052 Schedule of Acts of Upper Canada. 19 VICTORIA. Caps. 43. COMMON LAW ) „ , ^ ,„,,,. 1 PROCEDURE. Took effect 21st Au- I Except s 2.9 S gust, 1856. > Passed 19th June, 1856. 5*. SCHOOL GRANT, s. 18. J 90. COUNTY Irr , «• . „i . . * lor^c 1 COURTS ( iooK effect 21st August, 1856. 91. COUNTY COURTS, in York and Peel. '►Passed 1st July, 1856. 92. JURORS ACT, amended. 94. GAME LAWS. J 20 VICTORIA. Caps. 2. EXCHEQUER, practice in suits on behalf of Crown. 3. MORTGAGES ) Took effect 1st August, of chattels. J 1857. 4. DESPATCH of Business by Grand Juries, r, j „„^, i„r ^o^-, 5. COURTS of Error and Appeal. Except >^^^^^^ ^Tth May, 1857. s. 5. 7. FERRIES. 8. DISCONTINUANCE of the Lunatic Asylum Tax. 31. POUNDS, ss. 2, 3. 56. CHANCERY. 57. TO AMEND Common Law Procedure Act. All not heretofore repealed. Ex- cept s. 18. COURTS ( ^°°^ effect 1st July, 1857. 59. COUNTY I Took effect 1st January, ATTORNEYS. ] 1858. 60. ADMINISTRATION of Justice in unor- 61. APPEAL if cSminal Cases. >^^^^-^ '''^ J-«' ^8^7. 62. TO PREVENT delay in Administration of Justice. 63. ADMISSION of Attorneys, 64. ACCOMMODATION of Courts of Superior Jurisdiction. 65. PRIMOGENITURE, Act abolishing, amended. 66. LAWS of Marriage, amended. . 73. BOUNDARY LINES. 74. MUTUAL Insurance Companies. 22 VICTORIA.- Caps. 9. APPEAL in Criminal Cases. 14. TERRITORIAL. -1st Session, 1858. I Passed 30th June, 1858. Schedule of Acts of Upper Canada. 1053 22 VICTORIA.— 1st Session, 1858.— Continued. Caps. 93. U. C. SUR- ) „ , «.,,,„, , ■ ROGATE V ^°°^ effect 1st September, COURTS. ) ^^^^• 94. ADMISSION of Attorneys. 95. SEPARATE Registry Offices in Cities. 96. ABOLITION ) ^p , «• * w o * of arrest for i^°°^ effect 1st Septem- debt. S ^^'' ^^^• 97. SCI. FA., to repeal Letters Patent. 98. PENALTY for F^tty Trespasses. 99. MUNICIPAL ) Took effect 1st December, ACT. I 1858. 100 JURY ACT. 110. PARK, University of Toronto. -Passed 16th August, 1858. Caps. 6. SALE 22 VICTORIA.— 2nd Session, 1859. Passed 26th March, 1859. OF LIQUORS Restrained. 31. COURTS of Superior Jurisdiction, U. C. 32. BILLS OF EXCHANGE, U. C, &c. 33. AliOLITlON of Imprisonment for Debt. 31.. MARRIED WOMEN, &c. 3,1. MARRIED WOMEN, Real Estate. 36. RELIEF of Registrars. 37. MUNICIPAL INSTITUTIONS. 38. MUNICIPAL INSTITUTIONS. 39. MUNICIPAL CORPORATIONS. 40. MUNICIPAL INSTITUTIONS. 41. FERRIES. 42. 12 V. c, 35, Amendment. 43. JOINT STOCK Roads Amendment. 44. AGRICULTURE. . 45. BUILDING SOCIETIES. 46. MUTUAL FIRE INSURANCE. 47. HOMCEOPATHY. 'Passed 4th May, 1859. B SCHEDULE OF STATUTES FOE UPPER CANADA WHICH HAVE BEEN CONSOLIDATED AND REPEALED. See SCHEDULE A. STATUTES. Page. STATUTES. Page. 32 Geo 3 1056 « « <{ 1057 « « 1058 « « « 1059 u 1060 « <( <( 1061 10 Geo. 4 1061 33 u 11 « « 34 « 1 Wm.^ « 35 « 2 « « 37 « 3 « 1062 98 « 4, « 1063 39 « 5 « 1064 4,0 « 6 " 1065 4,1 « 7 « « 43 « 1 Vic 1067 47 it 2 " 1068 48 « 3 « a 40 u 4 & 5 Vic 1069 50 « 7 Vic K K1 « 8 « U KQ « 9 « 1072 KK a 10 & 11 Vic 1074 K7 « 11 Vic 1075 12 « (< f\Q a Oi^/? U 13 & 14 Vic 1077 14 & 15 " 1081 2 « 2nd « 4, « 16 Vic 1083 18 « 1089 f! « 19 or 19 &20 Vic 1091 7 « 20 Vic 1095 o « 22 « 1858 1099 a u 22 " 1859 1100 1 056 Schedule of Consolidated and Repealed Statutes for U. C. 32 GEORGE 3 Sec. CONSOMDATBr). | Cap. Sec. Page. 1 2 3 4 5 6 . ' 9 i 31 9 9 1 1 31 31 1 2 3 48 it 1 1 2 461 it K 1 1 to 13 14 \ s r 15 16 ni 4 996 17 127 5 995 Rep. pt. of 14 G. 3, c. 83 Effete. Effete. Effete. Rep. by 22 V. 0.99. Sup. by 1 V, c. 5, B. 6. 33 GEORGE 3. 1 to 9 10 1 to 4 5 6 7 1 2 to 5 17 75 10 1,2 117 78S 798 Rep. by 5 W. 4, c. 8. Stet. Ef. & to be R, Expired. Effete. 34 GEORGE 3. 1 2 to 32 33 to 36 j 37 10 1, 3, 6, 31, 32,1 Rep. by 2 G. 4. c. 1, 2J Session. Rep. by 12 V. c. 63,8. 37. Rp. by2G.4, c. 1, 2d S, 33 GEORGE 3. Gap. 4 Sec. 1 2 3 CONSOI.rDATED. ] Cap. 10 Sec. Page. 3 32 Rep.by2G.4, c. l,2dSesS. Effdte. 37 GEORGE 3. 7 1 2 3 13 1 2 3 4 5 6 7 8 15 1 2 84 33 5,6,10, 7 1 406 3, 4, 5, 406-7 852-) 3-4 S 853 .^3 1 341N0.1 34 INo.l 95 406 410' 410 929 Rep. by 48, G. 3, o. 7. Effete. Sup. See 47 G. 3, c. 6,— 20 V. c. 63. Rep. by 2 G. 4, c. 5, 2d Se69. Effete. 38 GEORGE 3. 72 788 Sup. See 20 V. c. 68. See 20 V. c. ,66, s. 2. Ef- I fete. Stet. No. 1 No. 2 No. 8 No! 3 No. 4 Sup. by 12 V. c. 78, & See 22 V. u. 99, 8. 40'!. Schedule of Consolidated €md Repealed Statutes for U. C. 1057 38 GEORGE 3.— Cont. Cap. Sec. CONSOLIDATED. Cap. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 21 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 Sec. I Page. No. 9 No. 10 39 GEORGE 3. Cap. Sec CONSOLIDATED. Cap. No. 11 No. 12, 13 &s. 2 No. 15 No. 14 No. 16 No. 17 No. 41 No. 37 No. 38 No. 36 No. 33 No. 34 Rep. by 4 G. 4, c. 5, 2nd session. Sup. by 12 V. c. 78. Stet. 10 10 & 18 10 10 11 Sup. by 12 V. 0.78. 17 No. 39i " 16 'ie 15 Rep. by 3 W. 4, c. 16. << 56 G. 3,c 19, 3W.4,c 16. Rep. 2 G. 4, C.3. Sup. by 12 V c. 78. It Stet. Sup. by 12 V. c. 78. Stet. Sup. by 12 V. c. 78. Sup. by 12 V, 0.78. Effete. 76 Sec. Page. 801 See 14, 15 V. c. 11, s. 2, Effete. 76 801 40 GEORGE 3. 1 I 1 2 3 4 94 928 f I Effete. See 3 W. 4, c. 3, s.2.5— 4&5 V. c. 24, s. 25. Sup. do. & ss. 31, 51. do., do. See3W.4,cc. 3, 25 and 7 W. 4, c. 4, s. 3. Effete 4,5 V. c. 24, s. 25. Sup. by 3, W. 4, c. 3, s. 25-4, 5 V. c. 24, s. 25 —7 W. 4,0. 7, s. 2. Sup. See 4, 5 V. 0. 26, ss. 35,41—4,5 V. e. 27, s. 39, 41 GEORGE 3. 17 115 Rep. by 7 W. 4, c. 11. do. do. 43 GEORGE 3. 1 1 22' 2 it ooo 1058 Schedule of Consolidated and Repealed Statutes for U. C. 47 GEORGE 3. Sec. CONSOLIDATED. Cap. 63 Sec. Page. 719 f But rep. by 16 V. c. 186. Sup. bySV. c. 38, to be rep. do s. 3. do 48 GEORGE 3. 7 1 84 8 853 2 it 9 (< 3 " 9 (< 4 Effete. 49 GEORGE 3. 1 22 322 253 2 W. 4,c. 2-i2V c. 6^14i 15 V. c. 115. Rep. by 16 V. 1 1 c. 186, s. 17, dp ^o 2 GEORGE 4.— 1st Session. 10 11 12 Effete. ; StetJ . ! Sep. by ■^ G. 4,! c. 5,1 2nd Seg8ion..„ Effete, Stet, y:7 G. ,4, c. 6. : See3Y.cl27. Effeteft: I fifi Effetec;: jSee c.;85, ^, 9. p. 856.: 2 GEORGE 4.— .2iijd Session, s 10^ 11 m 14 10 i U 22| .-t 19 8li> "f'35 > 37 i 36 r.„|| 1 /. 192 ;J Effete.,- i Rep. by 2 G. /''4,cLll.i Rep. by k V. o. 43, s; |318. Effete^ ^'Slee 8 V. c. 13, i 14, &c. 48js' 44, —19 V. a. 43, s.:; 23,1^2 ,25V. P- 96. Rep. byl9V. jjj 43^ s.J18^., ooo^ 1060 Schedule of Consolida(e4 and Repealed Statutes for U. C.'\ 2 GEORGE 4.— 2nd Session.— Con*. 4 GEORGE 4.— 1st Session. sec. < CONSOLIDATED. | Cap. Sec. ( CONSOLIDATED., ,{ ■-' -^ Cap. J ::ap. Sec. Page. :ap. Sec Page. • .;. VO 1 15 •■! Rep. by 22 V. 16 1 t Efefe. - " * ■ c. 96, s. 22. 2 1 58 i 695 16 17 Effete. 3 " 2 ii \ 32 , 19 405 1 4 Repea ed by 18 a 21 \i .- ■ Seec. 76,s. 2, p. 801. Rep. by 22 V, c. 93, s. 68, 9 GEORGE 4. 2 I 2 69 1 780- " \ 3 69 2 . 780 4 1 ' . . . . I 4 48 3 462 2 a 3 « 1 1 Repealed by 3 V. c. 73. Stet. 10 GEORGE 4. 1 1 32 1,2 401 2 ^ A ■ 3 .... ■•■) Slip, by 12 V. c. 10, s. 5, No, 13. Rep. by 14, 15. V. o. 65, s. 2. 11 GEORGE 4. 1 118 1 971 5 1 2 1 ... •1 20 122 1 982 2 <( 1,2 a 3 a 2 11 4 11 3 It 5 .... . .'■- . 36 1 9, 3 72. ■ ! 1 787 Sup. by 19 V. o. 43, ss. 124, 133. Sup. by 13, 14, V. c 53. Effete. IStet. 11 GEORGE 4.- Cont 5 6 35 Sec. CONSOLIDATED. | Cap. Cap. Sec. Page. 36 4 ■ - ■ . ...... ,...S 5 72 2 788 6 ;■! Rep. by 10, 11 V. c. 18. Sup. by 20 V. c. 66, to be rep. 1 WILLIAM 4. 1 1 a '2 ;2 1 2 4 5 111 22 85 85 216 958 231 2, 3, 4 854-5 8 855 856 Sup. by 12 V_ c. 10, s. 5, No. 27. See- 7V. 0. 4. Stet. , Effete. 2 WILLIAM 4. 128 22 86 it ft ft 100-1 255 4,5 6 15 18 1020 240 256 858 tt 860 861 Rep.21 James l,st .sup. by 4, 5V.c.27,s.l4. do do Sup. by 14,15- V. o. 5, s. 11. See 19 V. c, 43. do do See V. c. 6. Sup. by 16 V^ c. 78. do do do do Sup. by 16 V,- 180. do do 10G2 Scheduh 0fC £ V.fc.W,is.23 Sup.by4,5V o.,25, 8. 63,-4 c. 26*, 6s 5, 6[ 7, and 4, 5 Vl c. $7, as 3, 7', 8, i9,^ IQj'll 12! a Effete. i 931 •i Siib.'byl i, S V.IOV 2ll, 63 14, 15. . ' i £ i I Sujp.f^yi 4, { V.|cl'27!, 8. "^ 5.-,^, V £.£ 3' WILLIAM 4.- Com*. Cap. .:j .f CONSOLIDATKD. Sec. Cap. 22 ,33.,!, m 25 ^6 •■I 3 1 2 3 97 1 ■'^, '4 '"S '6 11^ /if J 22, 38 .See. 1,2 1 a 3 17 INo, 3-3 irNo.4 INo. 3-5 2 7 ! 38 ll 8 I " -19 r 11 12; 13i 1*1 15 16 17 2i 3^ INo. 3-4 INo. ■ 1-2-3 6 7 8 4 5 5 fi 6 9 278 ' and 279 276 Page. 931 r Sup. by 4, 5 V. c. 27, s. 4. 8.5 L 966 930 188 Sup. See 4, 5 V. c. 24, 8. 31, •{ — 10, llV.c. 4, 8. 9, & c. 9, 8.22. 428-9 428 • 428-9 *429 / •4 428 5 428-9 430 >( <( 429 430 « 431 (245 « ...j 429 Effete. See 19V.c.43,s8. 59, 60, 62. Rep. by 7 W. 4, c. 9. Effete. Rep. by 4, 5 V. c. 91, 8. 12. Rep. by 4, 6 V. 0.91, 8. 12. Schedule of Consolidated and Repealed Statutes for U, C. 1063 3 WILLiAm 4.— Cont. 4 WILLI.\M 4.-Con«, Sec. COMSOI.tDATED. Cap. 1 Sec. CONSOLIDATED. Cap. Cap. Sec. Page. Cap. Sec. Page. 8 22 38 10 431 17 88 2,3,- 4. 5 869,70 23 t( 14 432 18 1, .-. 6 871 Sch. 432-3 19 if- 7,8 (1 20 ii 9 it 9 1 84 6,7 853 21 i( 10 it 2 a 11 854 22 23 if 11 12 872 a 28 1 47 1 459 24 tt 13 tt 2 « 6 460 25 ti 14 tt 3 « 8 (( Itepealed by 26 27 28 88 'ss' 15 '"'45' 872 880 Effete. 29 4 22 V. 0. 86, 6. 1. Besidue 29 « 46 It 30 « 47 it ^ C. 31 32 88 48 31 it 876 34 1 8 1 29 33 a 32 ii 2 a 1 tt 34 « 33,34 877 3 It 2 n 35 k< 35 « 36 « 21-2-3 873-4 i Effete. See 12 37 tt 16 872 4 ....} V. c. 10, s. 5, 38 39 11 17 78 873 I No. 19. 27 319 ■ C. To be re- pealed. See "Penitentiary 40 41 Effete. 43 '27' ■"'79' "'319 ■ " ■ ■ 42 it 80 « Act." 43 88 24 874 44 ti 18 873 45 1 Effete. 45 46 tt 19 20 « 2 m ""{' 982 90 'l3 904 47 48 ti 82 14 10 it 830 4 WILLIAM 4. 49 60 tt ti 11 12 831 tt 51 It 13 It 305 52 27 17-8-9 1 1 82 4 829 53 it 66-7-8 316 2 « 5 830 54 it 69 317 3 « 6 « 65 It 70 ii 4 <( 17 833 56 ti 63-4:-5 316 5 « 18 n 67 tt 71,72 317 6 « 19 11 58 sea" 73 " 7 « 20 « 59 82 14 832 8 « 21 /834 88 49 881 9 « 7 830 60 82 15 832 10 « 8 it 11 12 '■l 829 830 2 1 2 10 it 11 13 34 It 13 14 15 16 84 « 88 1 1,2 1,3 1 852 « « 869 4 1 \ Slip, by 4, V. c. 27, 27. 5 a. "i M064 Schedule of GonaoUdated and Repealed\ Statutes for U. C. 4 WILLIAM 4.-Cont. Sec. 10 n 12 13 14 15 16 17 18 19 20 CONSOLIDATED. Cap. SfeC. Page. Sup. by 4, 5 V. c. 27, s. 30. do c. 2'6, s. 24, do c. 25, s. 25, See c. 26, s. 25. do c. 26, ss. 28,55. doc. 27,6.31 doc. '25,8.59, c. 26, 8. 32, c. 27, 88. 27, 32. do c. 25, 8. 56, c. 26, 8. 29, c. 27, 8.41. do s. 57, do s 30, do B. 40, do 16 V. c 178, 88. 17, 22. Effete. Sup. by 4, 5 V. c. 25, 8. 62, c. 26, 8. 36, c. 27, 8. 28. do 8. 54, do 8. 31, do 8. 35. do s. 60, do 8. 34, do s. 29. do 8. 63, -do 8. 37, do s. 42. See 16 V. c. 98, s. 16. Sup. by 4, 5, V. c. 27, 8, 30. do 0.25,8.65, c. 26, 8. 38, c. 27, s. 33 doc. ^7,8.34, 13, 14 V. c. 54. do c. 25, s. 64, c. 26, 8. 39 Effete. See 13, 14 V. 54,8. 1-16 V. c. 78, 6. 25. 4 WILLIAM 4.— Cora*. Cap. Sec. 21 22 23 24 CONSOLIDATED; Cap. 5 6 7 8 9 10 11 12 i 13 14 22 {I ii 29 29 29 Sec. 37-38 36 40 1 8 20 14 3 21 14 Page. : 192, 193 192 193 325 327 329 Sup. 4, 5 V. c. as, 8. 67, c. 26, 8. 40, o. 27, 8. 44. do 6. '61, do 8. 35. do 8. 58, do 8. 32. Effete. See 2 V. c. 4. 328 326 329 328 lSup.byl4,15 V. c. 64. Effete. See 14, 15 V. c, 64, s. 3. 5 WILLIAM 4. 22 42 42 42 it 42 42 329 35 23 24 25 26 27 28 '29 255 448 446 113 16 446 446 a 446 446 Repealed by 3 V. c. 8. Effete, Repealed by 3V. c. 8. 963 Schedule of ConsoKdated and Repealed StatiUes for U. C. 1065- 5 WILLFAM 4.—Cont. Sec. CONSOLIDATED. Cap. 69 59 Sec. Page. i;2,3 4 5 699 700 Sup. by 20 V. c. 5, s. 'iO, 8 V. c. 13, 8. 57. ISup. by 12 V. c. 81,6, 137 Effete. See 2 V. c. 21,- 22 V. c. 81. Cap. 700 Effete. 6 WILLIAM 4. 6 7 8 9 10 11 12 13 14 81 62 62 (i •i 818 Rep. 4 G. 4 c. 37. To be irepealed. Canada. «l-2 I 3-5 6 18 19 7-9-10 52 "I 25 35 to 38 40 to 43 44 45-46 53 to 56 62 to 65 66-67 68 to . 72 503 605 504 •-! 506 \ 608-9 609 "10 511- 12 613 Part Rep. 18 V. c. 120, s. 1. See 4, 5 V. c. 64, 6. 1. Rep. 16 V. c. 19. 513 I « 14, 18 29 44 6 WILLIAM A.—Cont. Sec. 15 16 17 18 19 20 21 22 23 24 25 26 CONSOUDATED. Cap. 52 i Sec. "! 60 <( 74 to 77 80 81- 82 26-27 78-79 30 34 83 , 28 16-17 47 to 51 52 85 Page. 110 614 !515 '5O6 615 50T 508 515 607 505 I 510 '511 515 700 701 957 Rep. 49 G. 3,. c. 3. Effete. Sup. 4, 5 V. c. 24, ss. 9,10. 7 WILLIAM 4. 9 10 11 ii IJ 12 123 4,6 7 16 'Superseded |12V. c. 63. I '^ |Superseded ,9 V. c. 114. ■1 C iRep. 12 V. c. ■ 6:9, s. 10. See 13, 14 V. c. M.51,s. 3. Effete. Repealed 1 V» c. 15,-12 V. c. 63, s. 19. (il,42 42 36 1,20 145,49 1 066 Schedule of Consolidated and Repealed Statutes for U. C. 7 WILLIAM 'i.-Cont. Sec. 4 5 6 7 8 9 10 11 (< 12 13 14 15 16 17 18 19 20 21 23 23 7 '8 9 10 11 12 13 14 15 16 CONSOLIDATED. Cap, 12 See 12 12 12 88 12 12 78 22 i Sec. Page. 26 29 75 24 25 72 9 13 68 27 12 19,76 17 1,2 7 8,9 10 62 30 90 5 89 217 to 220 221 61 i 62 60 « 61 47 48 57 875 49,62 45 49 806 807 807-8 808 199 447 204 806 204 232 See 20 V. c, 26, s. 2. Effete. Stet. Effete. See 12 V. c. 10, s. 6, No 13. Repealed 12 V. c. 63, s. 37, Superseded by 12 V. c, 64, s. 11. Sup. 12 V. c, 63, s. 4. Effete. Sup. See 20 V. c. 56, s. 1. Superseded 19 V. c. 43, E. 313. Stet. Sup. 19 V. c. 43, ss. 72, 73. " 8. 74. Sup. 19 V. c. 43, ss. 165, 166, 167. " s. 119. Cap. 7 WILLIAM 4.—Cont. Sec> 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 1 2 CONSOLIDATED. Cap. Sec. 22 43 « 13 22 i 78 it 22 22 17 42 115 157 1,2 3 60 321 317 318 316 i 320 5 3 4 179 180 181 182 Page. 77 248 6,6 7 8 1 2 3 4, 6,'6 7.8 ^2i 238 116 441 t( 442 965 804 805 216 ■■;! '449 it 70 253 252 253 i252-3 I 806 (i 222 223 Sup. 16 V. c. 19, s. 1. Rep. 9 V. e. 56,— 19 V. q. 190, s. 24. Effete. Sup.4,5V.c. 25, s. 1. " s. 2. " s. 3,— c. 24, s. 24,— 6 V. c. 5. " s. 4, « " See 7 W. 4, c. 6, s. 3. ' s. 2. Sup. 4, 6 V. CO. 24, 25, 26, 27. " 8. 52. " 8.25. Schedule of Consolidated and Repealed Statutes for U. C. 1067 7 WILLIAM A.-Cont. Sec. 9 10 11 12 1 2 3 4 3 4 5 6 7 8 9 10 11 12 13 141 15 1 16 I 17 [ 19 1 20J 1 2 3 CONSOLIDATED. Cap, 117 102 117 17 17 118 4 See 81 Sec. 1 2 3 4,5 6,7 8 9 (38& ?Sch (02 10 II 12,13 14 2 2,3,4 5 6,No.4 7,8 9 lo 11 1 Pa;ge. 966 967 968 969 a n 116 iie 21 971 21 21 22 « « 21 818 Effete. Effete. Effete. Sup. 12 V. c. 10, S6. 4, 5. No. 2. « s. 5, No. 7,8. Effete. Sup. 10,11V. c. 9, s. 22. Effete, but saved as to any Corpora- tions (if any) to which these sections ap- ply. Rep. 20 V. c. 63. Stet. Rep. 20 V. c. 63. 7 WILLIAM i.—Cont. Cap. 15 18 22 96 103 Sec. CONSOLIDATED. Cap. 34 121 17 121 Sec. Page. I No. 2 1 2-3 4 6 6 3-4 4 6 5 410 981 116 981 29 25] Rep. 20 v. c 63. Effete. Sup. by 22 V. c. 19, (1859.) Rep. « C. Rep. " Sup. « C. Effete. Part obsolete. SeelV.c.44, s. 5, makes general, and See3V.c.27. 1 VICTORIA.— 2nd Session. 78 ti 22 107 « « 6 312 10 11 12 807 tt 252 954 956 Effete. Stet. 1068 Schedule of Consolidated, and Jtepealed Statutes for U. C. 1 VICTORIA.— 2ncl Session.-Conf. 2 VICTORIA. Sec. CONSOLIDATED. Cap. Sec. CONSOLIDATED. Cap. Cap,> Sec. Page. Cap. Sec. Page. 11 1 99 1 935 1 1 10 2 31 2 3 << ■ 2 , 3 « ' ' 2 Effete. 4 Expired. 2 39 1 434 i) 6 7 Sup..4„5 y. ' 99 "4 "935 4 1 cc. 24, 25, 26, 27.-16 V. c. 8 , 7 936- 178, , 6s. 10, 9 5 <( 11, 20. 10 11 12 6i 6 £( Effete. 6 2 1 ^ a Stet. 14 1 .... Effete. 2 3 85 84 2 4,6 854 852,3 2 3 12' "is' ■49 4 Stet. 15 1 81 2 818 lb 1 123 1 983 9, C( 3 819 2 <£ 2,3,4 H .3 a 9 820 3 a 6,6 51) .... ,...; Repealed 12 V. c.80. 4 1 2 43. ii ''% 441 ii 26 See 48 8 463 ' . 3 11 4 Rep. 5 W. 4, 1 2 6 it 1 2 24 (C 8, 1 .... \ 44 I 7, 10^ 14. 3 4 5 (1 « • 12 4 3,6 26 ' 24 24,25 •2 3 4 42 1 31 « 1 32 1... 447 (1 1 Effete. \ Schedule of Consolidated and Bepealed Statutes for U. C. 1069 3 VICTORIA. Cont. 4, 5 VICTORIA.— Con*. Sec. ( Boh. CONSOLIDATED. | :ap. 5 64 CONSOLIDATED. 1 Cap. S :ap. 42 Sec. Page. sec. Cap. Sec. Page. 8 448 3 52 37,63 ( 508 513 506 12: ; 1 Effete. 4 iC 21 2 3 93 1 2 934 91 6 38 6 430 4 u 3 ii 1 13 1 \ Sup. 13, 14 V. c. 74. I 7 VICTORIA. 2 1 ii 127 6 996 14 10 29 1 18 20 1 122 r IS 7 30 (( 21 " 1 8 <£ 10 997 36 ii 28 123-1 Expired. See 4 8 996 49 a 14 121 118 1 8 V. c. 48. 6 li 9 997 69 ii 1 17 1 J Repealed 12 V. c. 85. 30 1 2 30 1,2,3 332 333 9, ^ 3 58 16 697 3 4 ii li 6 4 i( ii 27 1 fi 7 25 6 « ■ 7 a 2 £C 8 (£ 6 (f 8,9 u 3 <£ 9 £( (14) 4 t( 10 26 7 « 15 334-6 5 (£ 11 « M 73 1 -i Repeals 9 G. 4, c. 2. 33 1 2 22 280 281 245 246 2 69 1 780 3 « 282 <( 3 « 13 782 4 5 6 a a 283 284 285 li 11 11 4, 5 VICTORIA. 36 7 1 it 47 586 2,6 11 (459 \ 460 ; 12 1 124 1 986 2 it 2 (( 2 a 6,7 ii 3 11 3 It 3 a 9 461 4 ii 4 987 4 li 6 460 5 cc 5 u 5 Efiete. 6 7 it 11 6 6 8 <( 38 7 15 ii 432 8 VICTORIA. 9 Effete. C. see 40 j,0 437 7 1 2 Stet, 41 3 io 20 3 Rep. 12 V. c. 64 1 52 20 505 . • ■ ■ 80. ■ ■ < ' Rep. 20 V. c. 58, s. 19. 6 ■■] 16, No. 4,5 i( . . - . *"'■■• (: 52 22. 201 202 223 to .2-28 r233 7 8 16, No. 10,11 4 «_4 690 ^ 225 J . ■ • ■ 9 a 3 i( 53 to !- Rep. 20 V. c. 58, s. 19. 10 11 u 5 6,8 a \ ** "• £6 57 58 1 15 67,68 91,92 Effete. 12 13 I 7,10, 12,13 12 1'-' 691 69 '22' ■328 "255' 14 « 14 692 60 61 61 20 15 20 1 10 1 180 77 180 15 ....| Rep. 22 V. c. 16 ii 17 694 99. 62 15 27 81 17 el 18 (( 63 Sup. 20 V. c. 58, s. 8. 18 < Sup. See 12 V. c. 10. 64 65 66 15 20 15 28,29 3 10 81 181 77 19 . \ Rep. 4 W. 4, i c. 12, only. 20 5 181 38 1 119 2 972 67 20 6 181 2 (( 3 a 68 a 9 182 3 (( 4-5-6 a 69 "\ 10,11, 12 4 5 It 8 7 973 972 70 (t 13 183 6 459 S460 798 799 800 Effete. Sup. 20 V. c. 66, s. 1. Re- sidue Effete. Effete. Effete. See 22 V. c. 81. Effete. See 12 V. c. 10, s. 5. Schedule of Consolidated and Repealed Statutes for U. C. 1075 10, H VICTORIA.— Con*. €ap. 23 29 Sec. 11 CONSOLIDATED. Cap. 34 Sec. Page. 1, No.2 410 Effete. See 12 V.c. 10, s. 5. 11 VICTORIA. 10 48 9, 10, 1 11, 12, [ 14 \) 463- 4 Effete. 12 VICTORIA. 5 1 see 4 2,3,4 21 2 see 4 2,3,4 21 9 1 81 2 818 2 (C 4,5 819 3 (' 6 li 4 a 7 820 5 a 8 (( 6 ti 11 821 7 a 17 822 iSrh 827-8 8 11 1 see 3 1 2 3 12 20 22 4 42 7,17 (441 444 23 ii 8 442 (•26 J (916 35 ^ to (60 [93 Ito 63 \ to ^927 42^ see 89 (78 900 «3 1 10 1,3,4 31,32 2 ({ 5,6,7. 32,33 3 cc 5 32 4 U 11,12 34 .'J C{ 14 35 6 £C 16,17 35-6 Stet. See Canada 0.77. 12 VICTORIA.— Conf. Cap. 63 Sec, I 8 9 10 11 12 13 14 15 16 17 18 19 20 to 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 CONSOLIDATED. Cap 10 a i< ic 33 10 I 33 10 10 10 22 22 13 13 13 15 39 Sec. Page. 8 3 10 9 24, 25 26' 24,46 27,28 29 30, 42, 43,44 8 31, 42, 43,44, 8 27,28 33 32 34 33 I 37 37,40 37-8 38 ) 38 J 40 409 ) 38 5 40 409 37,38 18 46 333 129 130 9,15, 16 7,65 66 57 to 61 67, 68 1,6 36 40 257 i211- J212 62 :63-4 63,73 73 5 72 91-2 434-5 Repeals 8 V. c. 14. Effete. Rep. 19 V. c. 43, s. 318. Sup. 19 V. c. 43, s. 313. Rep. " s. 318. Rep. 19 V. c. 43, s. 318. tc le Rep. 19 V. c. 43, 8. 318. Effete. Rep. 20 V. 0. 5. Sup. 20 V. c. 5, s. 38. « s. 6. Sup. 20 V. c. 63. Effete. ppp-' 1076 Schedule of Consolidated and Repealed Statutes for U. C. 12 VICTORIA— Conf. 12 VICTORIA.— Com*. Sec. CONSQLIDATKD. Cap. Sec. CONSOLIDATED. Cap. Cap. Sec. Page. Cap. Sec. Page. 68 50 Effete. Sup. c. 22, p. 259, and c. 27, p. 319. 71 14 I*) 90 12 904 f Effete. Soh. ) 72 1 12 50-52 56 1 64 1 12 3 45 see 86 ( » 859 2 ii 4 ii 2 12 50-51 56 10 6 33 3 ti 63-54 ii 3 12 5 45 4 It 55 57 4 11 6 46 6 (I 56 tt 5 t( 7 (f 6 It 57 It 6 n 8 47 7 It 75 62 7 t( 21 49 8 u 26 51 73 1 ^9 150 162 9 « 25,74 60,62 ( 2551 10 X 28 51 22] 257 J 240-1 11 (( 75 62 ( 260 ', ] see 15 \ '' 91 2 3 ii ii 258 259 241 « 12 nj 9,10, 14 47, 48 4 -1 See 12 V. c. 10, s. 6. 1,S « 11 47 14 « 12 ti 76 1 42 9-10 442 15 16 Effete. 2 3 4 it It tt 11 12 13 443 66 1 < Rep.8V.c.l3, 5 It 14 ft ■■■■} ss. 25, 78. 6 1 2 434 886 Rep. part 51 2 3 4 5 "19V.O.90. '1 tt it ti 77 39 89 1 24 G. S,c. 9. "ish' 22 2 6 15 19 79 3 39 1 434 7 (i 16-17 78-79 4 ( See 12 V. c. 22 41 193 ^ 10, s. 5. 8 (C 83-88 203-4 9 10 15 207 19 229 79 78 1] see 3 i = 18 Effete. 11 12 it 67 91 '^ tt u 25-26 80 3 tt ' 1 90 1 902 4 5 1 tt 71 ■ Rep. 22 V. e. w ^ Rep. 14, 15 V. c. 7. to 23) .... ... 99, as to 8. 17. See c. 38, s. 1, ,■ No. 5, p. 429. 6 7 8 9 10 11 12 90 10 904 11 24^ 25 76 see 3 \ S"" 7 Effete. * ' ' ' ft 90 90 9 904 97 tt '""8 ""963' « 28 Sup. 16 V. c. 140. 13 u 11 904 29 3 1 8 Schedule of Consolidated and Repealed Statutes for U. C. 1077 12 VICTORIA.— Con*. Sec. Cap. 30 to 36 37 38 1 2 3 4 5 6 7 8 9 10 11 12 13 14 CONSOLIDATED. Sec. see 3 58 "I 58 52 « 48 69 8,9 10 11, 12, 16 17 to 21 22,23 24 13 8 11,12 2,' 3, 4 25,26 27 Page. 18 8 -! 695,6 696 i" 7 697,8 698 ii 696 695 696 '695 698,9 699 1 73 84 4,5,6 13 7 14 15,16 10 514 515 462 464 463 464 Effete. Effete. Rep. 22 V. c 99, s. 2 should be revived, & see 22 V. 115. All repealed 22 V. c. 99, 8 403, except s 203, and such parts of the Schs.as stand. Effete. Effete. See c. 114, p. 963. Repeals 4, £ V. c. 4, s. 2 Cap. 13, 14 VICTORIA. Effete. 782 23 48 Sec. COMSOLIDATED. Cap. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 42 see 10 64 Sec. i i "I "1 65 64 (I i "1 I 38 1 3-66 2-4-15 76 Page. 444 I 39 728 ' 744 728 730 745 729 J728-9 1728 S-730 J 748 730 731 (I 732 737 ^728 1- to 1737 767 765 )735 I 748 748-9 749-50 -(738 } to J 741 (736 768-9 738 743 i 28 I 64 7-8 4-9) ol4^ 6-16 81 17-18 23-24 21-22 26 30 5-14 20-27 29 138 128) 129$ 27 No. 18-80 82 83-84 34-35 37 to 46-48 27 No. 3 1-2-4-6 32 60-61 62-63 77 64-69 32-75 77-78 79 60-65 67-68 69-76 77 50 to i 59 i I I" 1738 ! 745 6-7 J 8 743 4-5 745 741-2 1 078 Schedule of Cpnsalidated and Repealed Statutes for U. C. 13, 14 VICTPEIA.— CojiJ. 13, 14 VICTORIA.— Conf. Sec. CONSOLIDATED. Cap. Sec. CONSOLIDATED. Cap. Cap. Sec, Page. Cap. Sec. Page. 48 29 64 98-99 .755 51 4 10 47 40 30 ii 88 750 5 ii 10 34 31 32 ({ {( 91 100 <751 \ 2-3 755 6 to 11 \ ....s Repealed 18 V I V. c. 128. 33 i( (101 no2 r 103 |756 52 1 15 16,17 78,79 22 326 254 34 IC ) 104 ll05 i « s <757 (8-9 760 2 3 ii 15 22 84 22 246 203 80 238 35 ii 106 32 13,14 404 36 (( 114 C115 4 ( Repealed 19 ... 1 V. c. 90. 37 ii hl6 (117 rii8 C iC 6 6 22 129 211 Effete. ' 760 63 1 19 2 136 38 ii 119 1 128 1.129 )-l-2- ,765 2 3 4 ii ii it it 3,6 8 a it 137 39 ii 120 I A.B. |762 5 6 ii 15 9 1.S8 137 40 a 124 764 7 it 16 : 138 41 ii ( 120 I 122 )762- \ 3 8 a S 17 to) 20 1 « 9 42 ii 123 764 I 21, 22, h39 43 it 137 766 9 23 { 107- 1759- 10 ii 33 140 44 "] 130- J765- 11 a 104 153 I tol36 S 6 12 15 10,11 77 45 u 123 764 19 32 140 46 « 139 767 20 1 180 47 Effete. r 1 183 48 « 141 "768" 13 i 19 -j 34 to 37, 47, 1 141 }U3 50 1 12 13 .48 48,79 1 148 2 .... J Sup. 20 V. c. j 168 56, s. 16. 14 49, 62, )143 5144 3 ii 10-14 47-48 53 4 ") 26-45 46-48 ) 51- [ fa 15 "S 38 to 40 )141 S 142 f ) 66 16 20 3 1 181 86 40-41 , 867 17 ii 5 11 1 see, 86 i = 858 ' 18 19 a it 6 7, 8, 9, , 182 6 7 1 12 47 55 Effete. 20 ii 10,11 12 13 1" 183 8 12 "'so "56 ■ 21 9 86 25 863 22 ■»1 26 to 139 61 1 ... Stet. 31 5 2 33 "3 406 20 2 181 3 10 9 33 23 19 1 5-54) 56 5 136 144, 5 Schedule of Consolidated and Repealed Statutes for U. C. 1079 Rep. 16 V. c. 127, s. 29. 1080 Schedule of Consolidated and Repealed Statutes for U, C. 14, 15 VICTORIA.— Cow*. 13, 14 VICTORIA.— Con^. Sec. CONSOLIDATED. | Cap. 58 Sec. 5 CONSOLIDATED. | Cap. Cap. ( Sec. Page. Cap. 28 Sec. Page. 160 7 325 53 91 92 "1 , 161 163 165 ; 164 165 6 Sch. it it 8,9 4 it 324 93 ii 170 166 59 42 23 446 ,,- * 94 a 171 166 i 167 '165- 60 1 103 1 940 95 " 168 2 it 3 it \ 172 3 it 4,5 941 96 ti 173 166 4 ti 6 ii 97 see 19 165 167 168 165 Sup. 18 V. c. 125, s. 1. 5 tt 6 22 103 (I 99 7 8 206 941 It 98 19 108 154 7 tt 9 to 12 " 2 99 ti 169 165 8 ti 13 942 100 (( 184 169 9 "1 14,15 1 " 3 101 (( 147 161 16 102 (i 175 167 10 Effete. 103 ti 190 170 104 it 188, 189 170 61 1 44 2,3, 4 450 105 ti it 2 ii 6,6 451 106 ft 191 If 3 ii 7 li 107 193, 194 171 4 5 il it 8 9 tt it 108 it 116 155 6 it 10 tt 22 1 328, 330 255 7 8 it 11 1 452 450 109 19 7 137 110 (( 22,41 139, 142 63 1 89 48,52 892,3 111 tt 1 136 2 it 49 893 112 tt 218 176 3 K 53 894 113 Effete. it 90 14 904 Sch. "\ 25 to" 139, 4 89 56 894 C. 29 140 5 it 57 896 6 . . . . Effete. 54 1 2 114 it 1 2,3 964 a 7 89 37,48 (889" )892 3 li .■;i4 tt 8 9 ii ii 47 71 892 897 56 1 125 1 988 2 ti 2 it 68 1 .... .... Effete. 3 4 ti a 3,4,5 6 ti 989 2 .^"'.'' Rep. 20 V. c. 8, s. 1. c. 5 it 7,8 it 3 70 1,2 783 6 it 9 990 4 Effete. 7 tt 10 li 5 it 8 C( 11 a 9 — Effete. 70 1 72 15 791 58 1 2 28 1 2,3 323 ti 71 1 7 1,2, 3 28 3 it 5 324 72 1 49 62 476 4 tt 6 " 2 Effete. • Schedule of Consolidated and Repealed Statutes for U. C. 1081 13, 14 VICTORIA.— Cojrf. 13, 14 VICTORIA.-Con«. ^' CONSOLIDATED. | Cap. S CONSOLIDATED. [ Cap. S ec. ( ^ap. Sec. Page. ec. Cap. Sec. J Page. 72 3 Effete. 1 76 Sch.| 67 775 4 a 5up.-Seel2V. 77 78 ... 68 69 1,2 779-80 3 781 r E c .84,-14,15 79 1 53 25 520 5 ...• 1 V. c. 121, 122, -16 V. c. 190, 2 3 22 « 23,24 519 ii ' ■) . s ,. 59. 4 (( 1,34 516,521] 6 7 1 2 « it a it 5 Sffete. 74 81 21 22 823 14, 15 VICTORIA. 3 9 2 159 C. 5 1 3 1 8 4 81 23 823 2 it 2 17 .') it 24 8-24 ( I See 22 V. c. 6 9 3 160 C. 3 ■ 99,8.403. 7 8 tc 4 5 it it 4 5 Effete. it 9 81 19 822 6 it 10 u 25,26 824 7 a 11 ■'! 27,28 29 |825 8 9 Stet. Effete. 12 13 « I 30 « ' 31 826 10 11 (( 3 5 18 14 « 1 32 (£ 12 13 Effete. C. 7.5 1 48 17 465 14 .... Stet. 2 {( 18 U 15 11 3 1 Effete. 16 17 Effete. 76 67 1 775 89 74 No. 11 |899 1 2 3 2 21, 22, 23 J778 18 Sch. A B Effete. ' S' 8 4 « 18, 19, 20 C D F Stet. 5 u S 124, 25, 26 1 " ( 16-22- 833 4 ,, 13, 16,1? 777- b 1 »^< 23 6 17,28 ( 9 2 " 24 834 7 (£ 12 777 3 t( 25 it a (t 14,15 « 4 t( 26 835 9 CC 29,30 779 5 it 27 ii 10 a 11 776 6 (t 28 11 n 10 a 7 t( 29 19, a 4 it 8 a 30 836 13 ti 5 it 9 (C 31 K 14 li 6 it 10 a 32 1,5 (( 7 it 11 a 33 it 16 li 8 it 12 a 34 17 a 9 1 " 13 a 35 837 18 a 27 779 14 a 36 it 19 11 3 775 1082 Schedule of Consolidated and Repealed Statutes for U. C. 14, 15 VICTOmA.-Ooni. 14, 15 VICTORIA.— Con*. Sec. CONSOLIDATED. Cap. Sec. CONSOMDATED. Cap. Cap, Sec. Page. Cap. Sec. Page. 6 15 83 37 837 11 12 76 19 804 16 11 38 H 13 tc 20 ii 17 it 39 ii 14 ii 1 801 18 It 40 it 15 Effete. 19 it 41 ii 20 tc 42 838 12 ■ • • ■ 80 1,2 810 21 u 43 u 22 a 44 it 13 1 112 1 959 23 it 45 It 2 it 2,3,4 ti 24 "^ .' 46 to 49 "-9 3 4 it it 5 6 960 ti 86 4 858 5 113 17 963 25 (C 50 839 6 101 6 5 938 26 " 51 ti 7 . . . . 1 . . . . Effete. 27 « 52 it 28 Effete. 14 14 22 206 229 j Rep. 22 V. c. 100. 7 1 ■Pffot/j 2 90 ■""2" ...... 902 """"■ ! 45 1 87 1 867 3 t( 3 <( 2 iL 2 868 4 ii 4 903 3 it 3 it ti 86 3 .858 1 4 ii 4 " 5 90 5 903 5 Effete. 6 a 6 ti 7 (( 7 it 54 7 99 7 936 8 87 5 868 1 9 90 11 904 56 4 80 32 817 8 1 92 1 911 64 1 29 1,5,6,7 325-6 2 ii 3 it 2 iC 4 326 3 ii 2 it 3 ii 12 328 4 Sch. Effete. 4 5 6 it ti 8 13 11 327 328 327 'gii' 9 1 5 1 23 7 it 14 328 2 3 It it 2 3 It it 8 ii ) 17, 18, 19 \ "-9 4 it 4 it 9 a 15 328 5 6 Effete. ti 10 Sch. (( ■9,10 327 329 to 331 .... .... 1 11 1 76 2 801 2 11 4 it 94 1 42 15 444 3 t( 6,6 801-2 2 16, 17, !" 4 it 7 802 18 5 ti 8 U (( 10 38 39 6 it 9,10 a 3 42 19,20 444 7 i 11, 12, 13 "-3 4 5 It it 21 22 445 a 8 (( 14 803 6 .... Effete. 9 ti 15 ({ 10 It 16 ti 111 1 65 3,5 769 11 ti 17,18 "-4 Schedule of Consolidated and Repealed Statutes for U. C. 1083 14, 15 VICTORIA.— Con^. 16 VICTORI A.- Conf. Sec. CONSOLIDATED. | Cap. Sec. CONSOLlDATEn. | Cap. Cap. Sec. 1 Page. Cap. Sec. Page. 115 1 85 1 1 2,3,4, 6 854,5 19 14 Effete. 2 3 u 5,7 855 Effete. 20 1 2 15 4,5,6,7] 76 4 a 1*7 r 116 75 3 1 / 15 1 116 1 18 69 132 2 (( 70 £( 89 1 62 1 703 3 Effete. 2 3 cc ay iC 3 ii 118 1 11 10 43 A li 4 a 2 22 229 234 .^ u 5 a 3 11 20,21 44 6 ii 7 704 4 22 230 234 7 it 8,9 ii 5 11 22 44 8 ii 4,10 1703,4 6 22 2W 234 9 ii 6 " 7 8 11 I 11 16, 17, 18,19 43 44 10 11 ii ii 11 to 15 16 704,5 705 9 it 23 a 12 a 17 « 10 ti 15 43 13 it 18 706 11 Effete. 14 15 ii 19 u ii 20 tt 119 1 2 Effete. 16 "1 ti 21 to 24 iig" "ii "973' 3 K 12, 13, " 4 17 25-26 «-7 14 18 ii 27-28 707 4 ....\ Sup, 16 V. c. 178, s. 18. 19 20 ii ii 29 30 708 it .... 5 5 " ss. 17, 22. 21 22 ii 31 li 6 lig' '"i5' "974' ii 32 tl 7 ...... Effete, 23 24 ti 33 It 123 47 4 460 i 34-35- 36 \ "-9 25 26 37 38 709 ti 16 VICTORIA. 27 t( 39-40 710 28 29 41 43 it tt 19 1 32 3,4,5 401,2 30 It 44 it 2 ti 15 404 31 tt 45 it 3 t( 16,17 11 32 It 46 711 4 iC 18 405 33 li 47 it 5 iC 11 403 34 it 48 tl 6 li 12 iC li il 49 to )711- 712 710 7 ....\ Repealed 22 V. c. 93. 35 36 52 42 .... X 8 22 197 227 37 tt 53 712 9 32 6,7 402 38 tl 64 it 10 « 8 u 39 11 55 tl 11 101 1,2,8 937,8 40 It 56 it 12 13 31 180 386 Effete. 41 III ■* — 57-58- 59 |713 •■■■| 1 084 Schedule of Consolidated and Repealed Statutes for U. C. 16 VICTORIA.-Con*. CONSOLIDATED. Sec. Cap. Sec. Page. 42 62 60-61 713 43 li 62 (( 44 ii 63 (( 45 a 64 a 46 it 65 714 47 ■•] 68 to 73 >715- \ 16 48 u 73-74 716 49 a 75-76 717 50 a 77 a 51 a 78 It 52 a 79-80 718 ^13 54 a 81 i( 55 it 82 it 56 t£ 83 a 57 iC 84 ti 68 ii 85 719 Srh i( 82 1 15 33 2 li 34-35 83-4 3 « 36 84 4 a 37 85 5 ii V 37-38- 40 \ ' 6 a 39 It 7 ■■! 41 to 45 I "6 8 ii J 46 to 48 86 9 ii 49 87 10 ii 60 it 11 li 51 it 12 ii 62 it 13 ii 53 tt 14 ii 54 88 15 ii 55 ii 16 a 56 ii ii 39 8 435 17 15 57 88 18 a 69 92 12 61 58 19 15 58 88 20 a 59,60 89 21 (1 61, 62 89,90 22 (( 63 91 23 a 64,65 ii 24 it 66 it 25 a 70 92 9fi Stet. Effete. Effete. 16 VICTORIA.— Corat Sec. CONSOLIDATED. Cap. Cap. Sec. Page. 119 Sch. A 15 36 84 B ii 38 85 C ii 59 89 D ii 61 90 E ii 62 91 121 1 88 25,26 874-5 124 1 50 1,4,5 ( 492- i 3-4 2 ii 2 493 3 ii 3 " 4 it 6 to 13 494-5 5 it 15 495 6 ii 16,17 it 7 ii 14 a 8 ii 18 a 9 ii 22 496 10 a 23 ii 11 a 24,25 497 12 ii 26,27 ii 13 a 19,20 496 14 it 21 496 15 ii 28 497 16 a 30 498 17 ii 31 it 18 it 32 ti Sch. a 2 493 175 Ito 12 t < Rep. 19 V. c. i ■ ■ ' 3, 6. 318. 13 22 18 189 ii ) see 11 1,2,) 3,4 i 41-2 14 22 18 189 ii 38 12 431 15 16 ti ti 11 12 43 17 22 129 211 18 11 14,15 43 Occasnl. only. 19 IC 13,14 43 20 35; 27 to 37 4a9to 421 21 it 38, 39 421 22 it 40,41 421-2 23 ii 42 422 24 " 43 it 25 ii 44 it 26 ... ^ Hep. 19 V. c. .... .... 43,8.318. 27 It K 28 it tt Schedule of Consolidated and Repealed Statutes for U. C. 1085 16 VICTORIA.-Conf. 16 VICTORIA.— Con*. Sec. CONSOLIDATED. | Cap. Sec. CONSOUDATED. | Cap. Cap. Sec. Page. Cap. Sec. Page. 175 29 Rep. 19 V. c. 43, B. 318. 177 22 23 19 It 102 102 153 30 Effete. 24 25 tt 15 159 12 163 78 176 1 128 92 1018 26 19 86 150 2 3 11 93 94 It 1019 27 It 87, 88, 89 4 (t 95 fi C 103) 5 i( 96,97 it 28 "\ 107 J 153-4 6 II 98 1020 i' 108^ 7 8 9 If a 99 100 104) 105 i (1 1020 1021 29 73, 76, 79,93 160) (147- !l51 10 li 102 It 30 163 C 164-5 11 it 103 it I 165^ 12 1 Effete. 31 32 80 218) 219 ( 149 176 1T7 19 54,56 144-5 2 22 326 254 33 ti 98, 104 152-5 3 19 50,51 143-4 (( 39 7,8 435 J Sch. " 1T7 34 Effete. 19 109 to 154 . 155 178 18 59 6 700 4 112 26 114 5 964 97, 98, 100 152- 1) 1 991 5 I 105 113 f3-5 )167 168 167 180 to 126 Ito 19 to / 995 176 to 180 I'l Effete. 6 I It 15 . . . It 7 175 16 126 20 995 8 It 71,72 147 • 9 15 16,17 78,9 9 It 72 147 19 54 144 10 11 tt tt i 62,70 107* 132^ 24,31 43 to ) 46 195) to > 146-7 154-8 182 1 2 Effete. 55 9 650 12 13 I'l 139-40 142-3 171-2 3 4 5 6 tt ti it it 3,4,5 33 34 9,78 657 ii )652 J 667 Ti tt 198) 174 166 7 i< 20 to 26 ; 654 J 655 16 17 18 19 20 21 It It tt It It 10 11 12 13 14 127 128 129 11 137 It 138 It it I 151 8 9 10 11 12 13 11 it It It It': I It b,7 35 36,37 38 to 42 28,29 32 8 650 657 II |658 )655 (656 650 It 31 340 14 ti 16 653 1086 Schedule of Consolidated and Repealed Statutes for U. C. 16 VICTOEIA.— Cojif. Sec. 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 CONSOLIDATED. Cap. 55 Sec. i iC i ■■\ i (i i i 17 18 19,27 44, 45, 46 47 43 30 31 48 49 50,69 51, 52, 53, 58, 60, No, Ito 10 No. 12. 13 61 60 No. 11 67,68 62 54 to 57,59 lOto 15 70, 71 72, 73, 74 75, 76, 77 79,80 81 to 84 86 85, 87, 88 89, 90, 91 92 93, 94, 95 96,97 98 99,100, 101 95, 96, 102 107 103 105 106 653 654,5 >6S8 ^659 659 658 656 656 659 660 « 5 Page. 660, 1,2 Cap. 16 VICTORIA.— Con*. 182 Sec. 66 67 68 69 70 71 72 73 Cap. UOKBOLIDATED. 55 (( Ci r "\ [ "\ "\ II r I "< I I i i Sec. Page. 89 i 55 i i 108 109 110 into 114 115 116 to 120 121 122 123, 124, 126, 127 125- 138 12810 132 134 136- 137- 139- 140- 143 140 141- 142 133 135 144 to 147 148 149 150- 152 18 35 74 No. 3 18-34 151 153 154- 155- 156 157- 158 159 160- 161 162 163 164 672 673 , 673 I « 4 674 S" 675 a "I i I " 7 I « 6 676 I 676- J.677- |678 677 676 . " 8 678 . « 9 885 888 t899 885 8 679 679- 680 680 \1 681 Schedule of Consolidated and Repealed Statutes for U. C. 1087 16 VICTORIA.-Oojit 16 VICTORIA.-Coni. I 088 Schedule of Consolidated and Repealed Statutes for U. C. 16 VICTORIA.— Coni, 16 VICTORIA.— CoJi*. Sec. CONSOLIDATED. Cap. Sec. CONSOLIDATED. Cap. Cap. Sec. Page. Cap. Sec. Page. 186 15 63 3 720 190 4 49 13-14 468 16 i( 26 726 5 it 15 It 17 u 37 (( 6 It 16-17 ti 18 * • • * Effete. 7 18 to )469- J470- 24 187 1 89 1 72,No. 6 898' 8 " 25 to 28-31 470- 1 2| 86 72, No. " 9 a 29 471 89 3,4 10 It 30 H 3 fC 68, 69, 70 897 11 "\ 32 to 35 1 "-2 4 t( 2,7 882 12 n 36 472 5 I 19, No. 3,33 , 885 -8 13 37 to 42 "-3 , I 74, No. 2 899 14 15 a it 43 44 473 It 6 It ( 24 17, No. 886 1 884 886 16 i 45 to 52 1 "-4 7 "\ 2,21, 17 a 53-54 474-5 I 29 -7 18 it 55 475 8 "1 74, No. 1, 4, 7, \898 J-' 19 a < 56 to 59 I 10 20 a 60 476 9 " 76 900 21 tc 61 tt 10 . . . . \ Repeals s. 16 of9V. c. 34. 22 23 {( 62 ti ti 63-64 "-7 "i see 2 882 Effete. 24 25 (( (( 65-66 68 477 ti 12 13 "897' tt 26 27 69 71-72 478 ii "89 " '"67 Sch. (i 902 28 u 73-74 «-9 188 1 2 Effete. 29 30 11 75-76- 77 78-79 J479 480 71 "l "784 3 a 2,3 it 31 a 80-81 H 4 11 4 it 32 ti 82 it 5 6 7 c. 23 to I 5 Sup. 20 V. c. 33 ti 83 ii 110 « 71 25 28, s. 16. » a 34 35 81-85- 86 87 480- 1 481 5,'6,"7' "785' 8 ti 8 ii 36 (I 88 tt 9 a 9, 10, «-6 37 (( 89 482 11,12 38 i\ 90 « 10 11 it 13, 14, 15 16 786 787 39 40 tt 91 92-93- 94 483 12 it 17 it 41 " 95-96 tt 13 11 18 (( 42 « : 97-98 «-4 14 Effete. 43 44 tt 99 100 484 190 1 49 1-2 466 45 « 101 (( 2 it 3 to 8 il 46 it 102 485 3 it 9 to 12 467 47 it 103 ti Schedule of Consolidated and Repealed Statutes for U. C. 1089 16 VICTORIA.— Ooni. Cap. 190 Sec. CONSOLIDATED. Cap. 192 193 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 Sch. 1 2 49 "I Sec. Pasre. •i it ■1 52 104 105- 106 107 108 109 110 111 112- 113 114 to 117 118- 119 120 121 122- 123 52 j 58 58 to 61 491-2 612 ^1, 22, 23 14 15 486 Us? « 488 489 490 I- 18 VICTORIA.— aonf. Cap. CONSOLIDATED. Sec. [Cap. 83 9 10 506 696 697 Effete. Effete. Effete. 92 118 119 120 18 VICTORIA. 10 1 42 20 444 ''1 1 2 3 55 a 49 104 660 672 22 1 50 12,13 494,5 69 1 2 3 4 5 ' 24 38 285 83 8 93 13 917 Effete. Effete. It {I a 121 122 123 124 125 39 17 29 69 Sec. Page. 29 33 4,5 921 922 8, 9, 10 11 « 12 52 63 116 326 781 All Canada except s, 39. Stet. 5 1,2,3,4 6 7, 9, 10 15, 16, 17 11 12 13,14 82 30, 31, 32 30 33 34 35 33 13 it 19 781 a 782 503 II a 504 I 505 504 (t ii 615 Effete. Effete. 727 407 17 18 69 60 71, 72, 76,86 65 58 :i47 'l50 Effete. Effete. Effete. Stet. QQQ 1 090 Schedule of Consolidated and Repealed Statutes for U. C. 18 VICTORIA.— Conf. 18 VICTORIA.— Con*. Sec. CONSOLIDATED. Cap. Sec. CONSOLIDATED. Cap. Cap. Sec. Page. Cap. Sec. Page. 125 19 93, 136 151 (159 128 13 14 35 II 52 53 424 II 2 II 79 148 15 890 16 tt 64 36 19 731 5 "1 17, No. )884 -6 )886 ? -1 S895 2,21 24,25, 29,67 132 1 2 64| 120- 121 72 to 74 )762- 3 745 6 72, No. 2,73 )897 \ -8 3 it 106 759 7 II 74, No. 5&6 899 893-4 135 1 2 58 6 695 Effete. : 8 49,63 136 1 75 3 789 128 1 2 36" ■i,'3 425-6 Effete. 2 II 3^4 «-9 3 4 II II 4 5 426 ti 137 57 10 691 5 6 7 8 II i< II 36 6 I 45 426 427 426 422 138 1 2 3 4 56 II 1 2 3-4 687 CC Rep. 16 V. 189. 0. 9 « 46-47- 48 49 ]423 II «-8 10 II 5 6 II II 6-6 10 688 11 II ■' 50 i< 7 II 7 II 12 II 51 t( Schedule of Consolidated and Repealed Statutes for U. C. £09 1 rWir^-' ■■ 18 VICTORIA.— Co»(. 19 VICTORIA;— C(m(. Sec. ^ — .- - 8 CONSOMDATED. Cap. 43 Sec. 27 CONSOLIDATED. | Cap. Cap. 56 { Seo. Page. Cap. See. Page. 138 •11 to . 14 f688- 9 22 ^0,27 5 189 190 (1 9 (( 15 689 28 « 21 10 11 « 16 a Effete. 29 30 Stet. '22' "'22' 190 31 li 16 188 139 1 49 67 477 "J )189, 245 188 tl 2 Stet. 32 19, 277 1 '/ ■ 33 34 17 16 ..: ■V.'! \ 19 VICTORIA. 35 i( 43,44 194 36 (( 45 l")*? 37 (( 48 ±OtJ ii 43 1 Effete. 38 a 49 ii 2 10 24 '.'ri 39 11 46 >( 3 4 24, 34. 36,46' 35,36 «9, 40 39 40 41 (( 101 22 47 4,7,8,9 15 938,9 188 5 22 10 4,5 39 to 186 ) 39, 40 42 "1 42 194 287,9 Rep. 22 V. c. 96, s. 22. ( 42,44 43 25 1,5, 6 6 22 7 186 44 ts 2,3,4,7 a 'a 7 ii 8 <£ 45 it 8,9 289 8 " 89 204 46 ((' 10 290 9 10 \ It 11,61 236 5187, n98 235 47 48 11 12, 13, 20 ii J290- \ 3 290 1 11 « 24« 238 49 lt~ 14 12 a 331 256 50 i( 16 291 13 10 37,38 39 51 l( 16 291 * 218 221 297 ii 4 a 175 298 a 5 298 14 a 161 221 299 a 6 ii 15 it 227 234 300 Rep. 22 V. 0. 96,8.22. 16 It 184 287 224 * " * * , 301 24 24 282 17 it ) 288 J 247 302 a 25,26 282,3 ( 289 S 303 304 it ■ it 28 31,32 283 284 18 it 314 315 I 252 305 it 33 a 15 Sch. 33 ■ 82 1 306 it 34 a 19 " 18 79 307 " 35,36 285 22 341 258 Schedule of Consolidated and Repealed Statutes for U. C. 1095 19 VICTORIA.-Coni. 20 VICTORIA.-Coni. Sec. CONSOLIDATED. Cap. Sec. CONSOLIDATED. Cap. Cap. Sec. Page. Cap. Sec. Page. 90 20 15 16,17 78,79 4 1 109 2-3-4-5 957 29 3 326 2 ti 1 956 21 15 Sch.32 82 3 ii 6 957 ' 22 t{ 10,11 77 4 Effete'. 23 If Soh.32 82 * 24 25 22 270 243 5 1 Effete. 15 32 81 2 "n 2-3-4 62-63" 26 27 1 Effete. 3 4 5 6 "n 6-6-8 "63' Effete. 22 327 255 Stet. 91 It "'io' (( 7 it 11-12 64 94 1 61 1 701 8 It 13 ti 2 (( 2 it 9 a 14 ti 3 ({ 3 it 10 it 19 66 4 « 4 a 11 ti 20 U 5 ti 5 702 12 it 21 (» 6 « 6 it 13 it 22 iX 7 ei 7 a 14 It 23 ii 8 it 8 It 15 tt 24-26 66-67 9 10 Effete. 16 17 it it 25 27 ii 67 « ...... ti 11 Effete. 18 19 it tt 28 30 H <{ 20 ti 32 f * J ^ *»/? 68 ^"" %2°' "■ \ ,6, p. 426. 20 VICTORIA. 21 it 33 tt II tt 22 23 tt it 35 36-38 <( 68-69 2 1 21 1 to 5 183 24 It 39 69 2 cc 6-7 184 25 it 40 u 3 ti 8 to 12 « 26 it 41 (( 4 5 Effete. it 27 28 42-43- 44 45 > 69- \ 70 70 3 1 45 1-2-3 452 29 it 46 ii 2 u 4 453 30 It 47 it 3 It 5 t( 31 tt 48 II 4 « 6 454 32 (C 49 189 245 89 1 17, No. J 884 \ -5 29 10 18 36 5,8 30 11 Ito 6 41,42 i 41, 50, )890 -3-6 31 30 17 335 63 42 34 447 11 n 42 , 890 32 see" a ii. 12 12 ii 67 68 60 ii 33 Effete. 13 a 34,69 52" 58 1 22 301 250 14 i( 70 , 61 2 ii 124 210 15 a 71 li 29 16 328 16 a 15 48 3 22 160 217 17 18 i( ti 13 16 49 4 "! 296 297 ]249 19 (( 13 48 5 32 19,20 405 39 8to 11 435 6 ii 21 ii 20 12 73 61 7 ii 13,14 404 21 tc 74,75 62 8 15 19 30 62,70 81 146-7 57 1 10 30, 31 38 22 332 256 2 tl 32,33 38,39 9 ii } 339 |258 3 22 228 . 234 340 4 to 9 i- ' Rep. 22 V. c. 32. (1859.) 10 11 12 15 14 14 3 1,3 4to 9 76 74 74,75 \ '-{ 10 22 301 250 13 (( 2 74 11 11 124 210 And c. 29, s. 14 15 6,8 76,77 16, p. 328. 17 6 116 12 it 160 217 15 15 9 . 77 13 10 21 36 16 " 15 78 14 (( 22 ii 17 3,10 116-r r Schedule of Gomolidated and Repealed Statutes for U. C. 1097 20 VICTORIA.— Corai. 20 VICTORIA.— Coni. Sec. CONSOLIDATED. | Cap. 60 Sec. 18 CONSOtlDATED. | Cap. Cap. Sac. Page. Cap. 128 Sec. Page. 1003 58 17 15 13 ' 78 24 22 343 259 19 (( 25 i( 18 15 14 78 20 (( 26 ii 19 Effete. 21 It 27 ii 20 21 1 ft 22 23 24 tt It "1 28 29 30 to 33 1004 1004 I "5 59 37 1 427 2 « 3 it 25 a 34,35 1005 3 (& 2 ti 26 it 36 1006 4 5 It 4 1 it tt 27 it } 37, 38, 39 ( " 20 1 180 28 a . 40,41 1007 6 106 « 1,6 2 949-60 tl 29 i 42,43 44 7 ti 3,4,5 «-60 30 it 45,46 "8 8 li 6 950 31 tl 47 1008 9 f( '. 7 It 32 ti 48 i( 17 9 117 33 " 49 a 10 106 8 950 34 ii 50 1009 11 Cl 9 951 35 i 51, 62, 12 20 1,7,8,9 180-2 53 15 28 81 36 It 54 ,c 13 it 27,28 l( 37 ft 55,56 1010 19 38,39 141-2 38 tt 57 u 14 10 46 40 39 ti 68 " 15 60 89 40 a 59, 60, ] 1011 15 20 1 180 61 106 10 951 41 tt 62 1012 16 20 5 181 42 ii 63 tl 17 ti 2 (( 43 It 64,65 ii 18 106 11 951 44 ti 66 1013 19 « 12 {( 45 11 67,68 it 20 Effete, 46 "\ 69 to 72 \ "14 60 1 128 1 998 47 (( 73 1014 2 11 2 (( 48 ti 74,75 (( 3 4 it It 3 4 it ti 49 i 76, 77, 78 hoi5 5 11 6,6 "9 50 « 79 li 6 it 7 999 61 tl 80 tt 7 it 8 tt 52 ii 81 1016 8 ti 9 1000 53 tt 82 (( 9 ti 10 ti ' 64 It 83 ii 10 it 11 tt 55 tl 84 1017 11 it 12 tt 56 tt 86 It 12 Cb 13 tt 57 it 85 It 13 14 15 ti 14,15 16,17 1810 21 "1 1001 "2 1002 1003 58 69 ft 87 It See 12 V. e. 10,6. 5, No. 1 13. 22 23 60 Effete. 16 17 tl 61 m "'gi' "iois" 1098 Schedule of Consolidated and Repealed Statutes for U. C. 20 VICTORIA.— Co««. 20 VICTORIA.-Co««. Sec. CONSOLIDATBD. Cap. Sec. CONSOLIDATED. | Cap. Cap. Sec. Page. Cap. Sec. Page. ■ ' ■ ' ' 60 62 128 88 1017 64 1 33 6 407 63 ec 89 1018 2 (i 6 ti 64 65 {( 90 ti Effete. 3 Effete. Soh. 102210 65 1 86 2 858 < 1040 2 3 ii i( 6 8 ii 859 1 61 1 113 (1-a- J6-12 )961- \ 2 4 5 ii 9 10,11 ii 859 I 7toll- /961 ^2-3 6 it 12 ii 2 "\ 13-14- 7 a 13 860 I 18 8 ti 14 li 3 « 2-14 961-2 9 ii 15 ti 4 " 3-4-13 (( 10 ti 16 ti 13 29 67 11 ti 17 861 5 113 5 961 12 i( 18 it 6 (C 15 962 13 {C 19 it 7 _ Effete. ti 14 It 20 (I 8 15 ii 21 a 62 1 2 3 108 (I 1-2 3 4 955-6 956 16 17 18 ti it ii 22 23 24 862 (( it 19 (C 25 863 63 1 Effete. 20 (» 26 11 2 '35' i '"•tii" 21 ii 27 it 3 ft 2-3 "-12 22 u 28 864 4 "1 2 No. eo. ( CONSOiJDATKD. | Cap. S CONSOLIDATED. 1 Cap. £ 3ap. Sec. Page. 60. Cap. Sec. Page. ; 33 1 24 8 278 34 13 73 13 793 2 f< 10 tt 14 It 14 794 3 « ■ 11 279 15 It 15 it 4 611 12 « 14 « I 57 )512 13 « 15 502 11 ti 62 613 14 u 16 It 12 tt 39,40 508-9 15 Sch. Effete. 13 11 29 607 ff '"562' 47 1 41 1 438 45 1 53 36 522 2 « 2 439 2 n 37 It 3 It 3 It 3 It 38 523 4 It 4 It 4 tc 39 tt 5 It 5 It 6 (I 40 ti 6 It 6 it 6 a 41 tc 7 tt 7 it 7 ti 42 It 8 ti 8 It 8 Effete. 9 10 ti It 9 10 440 46 1 52 31 607 11 " 11 a 2 , 5 V. cc. 24. 25, 26, 27. 4. CORRUPTION of Blood.— Consol. ' ' ' 5. Outlawry. — Effete. 6. FUGITIVE OFFENDERS.— Consol. 7. CORPORATIONS.— Consol. s. 3, Rep. 7 W. i, c. 9. 8. SHERIFFS.— Consol. 9. DOWER.— Consol. 10. Controverted Elections. — Rep. 14, 15 V. o. 1. 11. Returning Officers of Counties. — Rep. 12 V. c. 27. 12. Official Oaths.— Rep. 13, 14 V. c. 18. 13. Spirituous Liquors. — Effete. 14. Niagara District. — L. 15. York and Lincoln. — Effete. 16. Town of Hamilton.— Rep. 12 V. c. 80. 17. St. Lawrence River. — Rep. 9 V. c. 37.' 18. British America Fire Insurance Company. — P. 19. St. Lawrence Marine Insurance Company. — P. 20. St. Catherines Salt Company. — P. 21. Grand River Navigation Company. — L. 22. Louth Harbour Company. — L. 23. Prince Edward District.— Effete. 24. Eastern District. — Effete. 25. War Losses. — Effete. 26. War Losses, grant for. — Effete. 27. Police in York, Sandwich and Amherstburg. — Rep. 4 W. 4, c, 23, 28. THAMES RIVER.— Consol. 29. WHITE FISH Fisheries.— Consol. part rep. 22 V. c. 86, (1858.) 30. Brantford.— L. 31. Toronto Harbour.— Rep. 9 V. c. 37. 32. Newcastle District.— Rep. 9 V. c. 37. 33. Trent River.— Rep. 9 V. c. 37. 34. LIGHTHOUSES.— Consol. 35. Nine Mile Point, Kingston Lighthouse, grant. — Effete. 36. Burlington Bay Canal.— Effete. 37. Town of York.— Effete. 38. North Gwillimbury. — L. 39. Point Pele Island.— L. 40. Market in Brockville.— Rep. 12 V. c. 80. 41. Thames River.— L. P. 42. Commercial Bank. — P. 43. PROVINCIAL PENITENTIARY.— All effete except Sec. 3, Consol. 44. Hawkers and Pedlars. — Effete. 45. DESTITUTE INSANE.— Consol. 46. Gibraltar Point Lighthouse.— Effete. 47. Boards of Public Health.— Exp. 48. Supplies.— Effete. 49. Supplies.— Effete. 50. Parliamentary Buildings. — Effete. 51. Emigrants at Prescott. — Effete. 52. York Hospital.— Effete. 53. Cholera expenses. — Effete, 54. Welland Canal.— L. and O. 55. Common Schools. — Effete. 56. Cholera expenses.— Effete. sss "J J 22 Statutes of U. C, before the Union. 3 WILLIAM IV— Continued. Caps. 57. Remuneration to J. H. Diiiin. — Effete. 58. Finance Loan. — O. 59. Highways and Bridges. — Effete. 60. M. Merrick, and other aliens, naturalized. — P. 4 WILLIAM IV. Caps. 1. REAL PROPERTY.— Consol. -2. JUDGES, K. B.— Cousol. -3. Mesne Process.— Rep. 19, 20 V. c. 43, s. 318. -4. PETTY TRESPASS.— Consol. 5. BAIL,— Consol. '6. Debtors.— Rep. 8 V. c. 13. 7. REPLEVIN.— Consol. 8. King's Bench.— Effete. 9. Attorney and Solicitor General. — Rep. 20 V. c. 63. 10. Gaol limits.— Rep. 19, 20 V. c. 43, s. 318. 11. Township Officers.— Rep. 5 W. 4, c. 8. 12. Fences, lines and watercourses. — Rep. 8 V. c. 20, — 12 V. c. 80. 13. Menonists and Tunkers. — Rep. 1 V. c. 8, — 2 V. c. 9. 14. Elections.— Rep. 12 V. c. 27. 15. Northumberland and Durham. — Rep. 14, 15 V. c. 5. 16. Releases of Mortgage.— Rep. 9 V. c. 34, s. 24. 17. Justices of the Peace. — Rep. 14, 15 V. c. 119. 18. Spirituous liquors. — Rep. 22 V. c. 99, s. 403. 19. Township Sophiasburg. — ^L. 20. Gore between Fredericksburg and Ernestown. — L. 21. Louth.— L. 22. Niagara Canal. — L. •23. Toronto.— Rep. 12 V. c. 80. 24. Belleville.— Rep. 12 V. c. 80,-6 W. 4, c. 14. 25. Cornwall.— Rep. 12 V. c. 80. ■26. Port Hope.— Rep. 12 V. c. 80. 27. Prescott.— Rep. 12 V. c. 80. 28. Cobourg Railroad Company. — L. P. 29. London and Gore Railroad Company. — L. P. 30. Port Hope and Rice Lake Canal Company. — Exp. 31. Richmond Canal Company. — Exp. ■32. Credit Harbor Company. — L. P. ■33. Bath School Society. — L. ■34. Hamilton and Port Dover Road. — L. P. 35. Long Point Piers. — Effete. 36. Tunks, Richard, Mill-dam across river Thames. — L. P. 37. Provincial Penitentiary. — Rep. 9 V. c. 4. 38. Provincial Penitentiary. — Effete. 39. Welland Canal.— L. 40. St. Lawrence River. — Rep. 9 V. c. 37, s. 39. 41. Auctioneers' Licenses. — Effete. 42. Tay Navigation Company. — Effete. 43. Dunnville.— Rep. 9 V. c. 37, s. 39. 44. Paris.— Rep. 9 V. c. 37. 45. Upper and Lower Canada Arbitrator. — Rep. 9 V, c, 37. Statutes of U. C, before theUnion. \ 123 4 WILLIAM lY— Continued. Caps. 46. Kingston Female Benevolent Society.— Effete. '47. Highways and Bridges. — Effete. 48. Roads and Bridges. — Effete. 49. Distillers.— Effete. 50. Spirituous Liquors. — Effete. To be expressly repealed. 51. Supplies. — EiFete. 52. Supplies.— Effete. 53. Finance. — Effete. 54. E. H. Spalding and others, naturalized. — P. 55. London District. — Rep. 14, 15 V. c. 5. 56. Canboro' and Simcoe Road. — Exp. 5 WILLIAM IV. Caps. 1. BILLS of Exchange and Promissory Notes. — Consol. 2. ERROR.— Consol. 3. Imprisonment for Debt. — Rep. 19 V. c. 43, s. 318. 4. District Courts.— Rep. 8 V. c. 13. 5. Absconding Debtors. — Rep. 19 V. c, 43. 6. House of Assembly. — Rep. 12 V. c. 80. 7. Grain.— Rep. 16 V. c. 193. 8. Township Officers. — Effete. 9. Indians. — Exp. 10. PUBLIC HEALTH.— Consol. 11. Agricultural Societies. — Exp. 12. Light-houses. — Exp. 13. Road Acts. — Exp. 14. Stony Creek Harbor Company. — L. P. 15. Saltfleet Salt Company.— L. P. 16. Grimsby Breakwater. — L. 17. Hamilton and Port Dover Railroad Company. — L. P. 18. Cayuga Glass Manufacturing Company. — L. 19. Erie and Ontario Railroad Company. — L. P. 20. King Township. — L. 21. Wolford Township.— L. 22. Niagara District, Quarter Sessions.— Rep. 7 W. 4, c. 11. 23. Port Dover Harbor Company. — L. P. 24. Welland Canal.— L. P. 25. Prince Edward District. — Exp. 26. Norwich Township. — L. 27. Indians. — Exp. 28. Supplies.— Effete. 29. Common Schools. — Effete. 30. Steam Dredge Machine.— Effete. 31. Finance Loan. — L. 32. Cholera Expenses.— Effete. 33. Supplies.— Effete. 34. Desjardins Canal. — L. P. 35. Remuneration to D. S. Howard for Trent Bridge.— Effete. 36. MILITIA PENSIONS.— Consol. 37. False Ducks Lighthouse.— Effete. 38. Mechanics' Institute, Toronto.— Effete. sss^ 1 124 statutes of U. C, before the Union. 5 WILLIAM IV— Continued. Caps. 39. Heartley's Point.— Effete. 40. Mechanics' Institute, Kingston.— Effete. 41. Gull Island.— Effete. 42. Provincial Penitentiary.— Effete. 43. Cobourg Harbor Company.— Effete. 44. County of Leeds. — Exp. 45. Commercial Bank. — P. 46. Gore Bank.— P. 47. Relief of heirs of Peter Desjardins. — P. 6 WILLIAM IV. Caps. 1. Wages of Members of Assembly. — Eep. 12 V. c. 80, 2. Township Officers.— Rep. 1 V. c. 21. 3. PUBLIC LANDS.- Consol. 4. Spirituous Liquors.— Rep. 13, 14 V. c. 65.-16 V. c. 184. See 14 15 V. c. 120. To be expressly repealed. » ' • 5. Toronto and Lake Huron Company. — L. 6. Niagara and Detroit Railway Company. — L. P, 7. Burlington Bay and Lake Huron Railway. — L. P. 8. (jananoque and Wiltsie Navigation Company. — L. P. 9. Toronto Gas Light Company. — L. P. 10. Cayuga Bridge Company. — L. P. 11. Hamilton Water Works.— L. P. 12. Niagara River Suspension Bridge Company. — L. P. 13. Brockville.— Rep. 12 V. c. 80. 14. Belleville.— 12 Rep. V. c. 80. 15. FISHERY in Burlington Bay.— Consol. 16. Rideau Canal. — L. 17. Port Hope Harbor and Wharf Company. — L. P. 18. MUTUAL Insurance Companies. — Consol. 19. Cobourg Railroad Company. — L. P. 20. British America Fire Insurance Company. — L. 21. Road Acts.— Effete. 22. Bank of Upper Canada, pretended. — P. 23. Newcastle District. — L. 24. Thames River. — L. 25. Admission as Attorney, &c., of William Keele.^-Effete. 26. Allowance to Andrew Deacon. — Effete. 27. Currency.— Rep. 4, 5 V. c. 93. 28. West Gwillimbury.— L. 29. DESTRUCTION of Wolves.— Consol. 30. Home District.— Effete. 31. Supplies. — Effete. 32. Leeds County. — Exp. 33. Highways and Bridges. — Effete. 34. Welland Canal.— Effete. 35. Newcastle Inland Navigation. — Rep. 9 V. c. 37. 36. Rouge River. — Effete. 37. War Losses. — Effete. .38. Provincial Penitentiary. — Rep. 9 V. c. 4. 39. Light-houses. — Effete. Statutes of U. C, be/ore the Union. J [25 6 WILLIAM IV— Continued. €aps. 4,0. Bois Blanc Island Light-house.— Effete. 41. Gibraltar Point Light-house.— Effete. 42. Steam Dredge. — Effete. 43. Gull Island Light-house.— Effete. 44. FELONS.— Consol. 45. Militia Pension to Jno. McMillan. — P. 46. Relief to John Pearse and others. — Effete 47. Ottawa District.— Effete. 48. Common Schools. — Effete. 7 WILLIAM IV. Caps. 1. KING'S BENCH.— Consol. 2. COURT of Chancery.— Consol. Except ss. 1, 2. 3. AMENDMENT OF LAW.— Consol. Except s, 1. 4. LARCENY.— Consol. 5. BILLS of Sale, Exchange and Promissory Notes. — Consol. 6. CRIMINAL OFFENCES.— Consol. 7. CONVICTS— Consol. 8. SEDUCTION.— Consol. 9. CORPORATIONS.— Consol. 10. ESTREATS.— Consol. 11. GENERAL Quarter Sessions. — Cunsol. Except ss. 1 and 3. 12. Courts of Requests.— Rep. 4, 5 V. c. 3 ; 8 V. c, 37. 13. Private Banks.— Rep. 13, 14 V, c. 21. 14. STATUTES.— Consol. Except s. 14 to 20, so far as applicable to any Corporations. 15. PRACTICE of Law.— Consol. sees. 1, 3 and 4, Rep. 20 V. c. 63, Stet. s. 2. 16. King's College.— Rep. 12 V. c. 82. 17. Demise of Crown. — Effete. 18. DISTRICT FUNDS.— Consol. 19. Taxes.— Rep. 13, 14 V. c. 66. 20. Township Officers.— Rep. 1 V. c. 21. 21. Franking Letters. — Disallowed. 22. NAVIGATION. Consol. Joint Except.— ss. 2, 3, 5. Rep. 22 V. c. 19, (1859.) 23. Agricultural Societies. — Exp. 24. Houses of Industry.— Rep. 12 V. c. 80 ; 22 V. c. 99, (1858.) 25. Imports from United States.— Rep. 8 V. c. 4; 10, 11 V. c. 31. 26. Public Health.— Effete. 27. Spirituous Liquors. — Effete. 28. Ale-houses, — Effete. 29. Insane Destitute. — Effete, 30. Brock District. — L. 31. Victoria District. — L. 32. Simcoe County. — L. 33. Talbot District.— L. 34. Bank of British North America. — P, 35. Bank of Montreal.— P. 36. William Johnston.— P. 37. John White.— P. 38. Ottawa District.— L. 39. Toronto City.— Rep. 12 V. c, 80, 1126 statutes of U. C, before the Union. 7 WILLIAM lY— Continued. Caps. 40. Home District. — L. 41. Toronto City.— Rep. 12 V. c. 80. 42. Cobourg Police.— Rep. 12 V. c. SO. 43. Kingston Fire.— Rep. 1 V. c. 27. 44. Hollowell and Picton.— Rep. 12 V. c. 80." 45. St. Lawrence River Navigation. — E,ep, 9 V. c. 37, s. 39. 46. Fort Erie Canal Company. — P. L, 47. Grafton Harbour Company. — P. L. 48. Colborne Harbour Company. — P. L. 49. Port Darlington Harbor Company. — P. L. 50. Goderich Harbor.— P. L. 51. Beverly Navigation Company. — P. L. 52. London and Devonport Railroad Company. — P. L. 53. Newcastle Inland Navigation. — Rep. 9 V. c. 37. 54. Lynhurst Mining Company. — P, L. 55. Caledonia Mineral Springs Company. — P. L. 56. Regiopolis College Kingston. — P. L. 57. Ottawa Survey.— Effete. 58. Chatham and Camden. — L. 59. Saltfleet and Binbrook. — L. 60. Toronto and Lake Huron Railroad Company. — P. L. 61. London and Gore Railroad Company. — P. L. 62. Great Western Railroad, aid to. — Rep. 8 V. c. 86. 63. Great Western Railroad, and Toronto and Lake Huron, aid to. — Rep. 8 V. c. 86. 64. Toronto Harbor.— Rep. 9 V. c. 37. 65. Desjardin's Canal Company. — L. P. 66. Trent River Navigation. — Fuep. 9 V. c. 37. 67. Loath Harbor Company. — P. L. 68. Erie and Ontario Railroad Company. — P. L. 69. Gananoque and Wiltsie Navigation Company. — P. L. 70. Credit Harbour Company. — P. L. 71. Whitby Harbor.— Effete. 72. Port Burwell Harbor Company. — P. L. 73. Grand River Navigation Company. — L. and P. 74. Cobourg Railroad Company. — P. L. 75. Tay Navigation Company. — P. L. 76. Yonge Street.— Effete. 77. Hurontario Street. — P. L. 78. Hamilton and Brantford. — Effete. 79. Dundas and Waterloo. — L. 80. Johnstown District. — L. 81. Kingston and Napanee. — L. 82. Queenstown and Grimsby. — L. 83. Chatham Bridge.— Rep. 9 V. c. 37. See 3 V. c. 51, s. 4. 84. Loan to Grantham Academy. — P. 85. Dunville Bridge.— Effete. 86. Port Dover Harbor Company. — P. L. 87. Rouge-River Hill.— Effete. 88. Gull Island.— Effete. 89. War Losses.— Effete. 90. Provincial Penitentiary. — Effete. 91. Burlington Bay Canal.— Rep. 9 V. c. 37. 92. Welland Canal.— P. L. statutes of U. C, before the Union. 1 127 7 WILLIAM IV. —Continued. Caps. 93. Thames River.— Effete. 94. South Petite Nation River.— Effete. 95. Grant for Light-houses.— Rep. 14, 15 V. c. 52. 96. GRANT for salaries of Keepers of Light-houses (permanent). — ConsoL 97. Toronto Hospital.— Effete. 98. Kingston Hospital. — Effete. 99. Provincial Library. — Effete. 100. Remuneration to Arbitrators in Upper and Lower Canada. — Effete~ 101. J. H. Dunn.— Effete. 102. H. C. Thompson.— Effete. 103. MILITIA PENSIONS.— Consol. 104. Poor and Destitute of Toronto. — Effete. 105. Common Schools. — Effete. 106. London District.— Rep. 16 V. c. 186. 107. Highways and Bridges. — Effete. 108. Supplies.— Effete. 109. Judge in Equity.— Effete. 110. Clerk of Crown in Chancery. — Effete. 111. Supplies.— Effete. 112. Supplies.— Effete. 113. Midland District School Society. — P. 114. House of Assembly.— Rep. 7 V. c. 65 ; 6 V. c. 2. 115. Colborne District. — L. 116. Wellington District.— L. 117. O. Kellog and others naturalized. — P. 118. Public Lands.— Rep. 4, 5 V. c. 100. 1 VICTORIA— (1st Session.) Caps. 1. Banking Institutions. — Effete. 2. Chartered Banks. — Exp. 3. Acts expiring. — Effete. 4. Macadamised Roads and Welland Canal.— Eflete. 1 VICTORIA.— (2nd Session.) Caps. _ 1. Apprehension of Persons suspected of Treason.— Exp. 2. Trial of Persons charged with Treason.— Exp. 3. Lawless aggression.— Rep. 3 V. c. 12. 4. Expiring Acts. — Effete. 5. GAOLS.— Consol. 6. Quarter Sessions, general- Exp. 7. JOINT CONTRACTORS.— Consol. 8. Militia.— Rep. 2 V. c. 9. 9. TREASON, fugitive offenders m late Insurrection.— Lonsol. 10.' High Treason. -^Effete. 11. UNLAWFUL TRAINING.— Consol. 12. Rebellion Indemnity.— Effete. 13. Rebellion Losses.— Effete. It SSl:nT"TSS::;V Hep. 8 Y. c. U. See ,9 V. . «. -1128 Statutes of U. C, before the Union. 1 VICTORIA.— (2nd Session)— Continued. Caps. 16. DISTRESSES.— Consol. 17. Members' wages, House of Assembly. — Rep. 12 V. e. 80. 18. MACHINERY.— Consol. 19. Boundary Line Commissioners. — Exp. 20. Assessments. — Effete. 21. Township Officers.— Rep. 12 V. c. 80; 22 V. c. 99,(1858.) Except Sec. 35. 22. Chartered Banks. —Exp. 23. Agricultural Bafik.— Effete. 24. Toronto City Elections. — Effete. 25. Dalhousie District. — L. 26. Huron District. — L. 27. Kingston.— Rep. 12 V. c. 80. 28. Welland Canal Company.— L. P. 29. Grantham Navigation Company. — L. P. 30. Kingston Marine Railway Company. — P. 31. Bond Head Harbour Company. — L. P. 32. Waterloo Bridge Company. — L. P. 33. Windsor Railway or Macadamized Road Company. — L. P. 34. Humber Bridge.— Effete. 35. Johnstown District. — L. 36. Talbot District.— Effete. 37. London District. — Effete. 38. Johnstown District. — Effete. 39. Simcoe County. — Effete. 40. Hastings District. — Effete. 41. Sir Allan N. McNab.— L. 42. Admission to John Prince to practise law. — P. 43. Militia Pension to John Ryan. — Effete. 44. MILITIA PENSIONS.— Consol. 45. Pension to Colonel Coffin. — Effete. 46. Sheppard and McCormick. — O. 47. Pension to wife and children of Colonel Robert Moodie. — P. 48. Pension to widow of James McNab and William Church. — P. 49. Remuneration to William Hurst. — Effete. 50. Bank of Upper Canada.— Rep. 3 V. c. 57. 51. Finance, Provincial Loan of £1,000,000.-0. 52. Public Works.— Effete. 53. Provincial Penitentiary. — Effete. 54. Provincial Penitentiary, remuneration to Warden. — Rep. 9 V. c. 4, 55. Poor and Destitute in Toronto City. — Effete. 56. Point Peter Lighthouse. — Effete. 57. St. Lawrence River. — Effete. 58. John Parrel.- Effete. 59. Public Buildings.— Effete. 60. Common Schools. — Effete. 61. Supplies. — Effete. 62. Sui)plies.— Effete. 2 VICTORIA. Caps. 1. KING'S BENCH.— Consol. 2. COMMISSIONERS.— Consol. 3. Crown Suits. — Disallowed. Statutes of U. C, before the Union. 1 129 2 VICTORIA.— Continued. Caps. 4. PETTY TRESPASSES.— Consol. 5. Absconding Debtors. — Effete. 6. CONVEYANCES by Married Women.— Consol. except ss. 1, 4. 7. Outlawry. — Effete. To be expressly repealed. 8. Controverted Elections. — Rep. 14, 1.5 V. c. 1. 9. Militia.— Rep. 9 V. c. 28, See 8 V. c. 51. 10. Education.— Rep. 4, 5 V. c. 19, s. 8. U. Lunatic Asylum.— Effete, part rep. 16 V. c. 188,-13, 14 V. c. 68. 12. Game and Deer.— Rep. 7 V. c. 12, See 8 V. c. 116. 13. Chartered Banks. — O. 14. Public Lands.— Rep. 4, 5 V. c. 100. 15. PROTECTION of Public Lands.— Consol. 16. RIVERS and Creeks.— Consol. 17. Boundary Lines. — Rep. 12 V. c. 35. 18. Fences, Line and Watercourses. — Effete. 19. Rideau Canal. — Effete. 20. Naturalization of Aliens.— Rep. 12 V. c. 197. 21. Public Health.— Effete. 22. Lighthouses. — Rep. 14, 15 V. c. 52. 23. Hawkers and Pedlars. — Rep. 16 V. c. 184. 24. Spirituous Liquors — Effete 25. Innkeepers Licenses. — Effete. 26. Spirituous Liquors. — Effete. 27. Commissioners of Macadamized Roads. — Rep. 3 V. c. 53. 28. Dalhousie District. — L. 29. Brock District. — L. 30. Huron District. — L. 31. Colborne District.— Effete. 32. Western District.— Effete. 33. Admission of John Bristowe to practise Law. — P. 34. Admission of Adam Ainslie to practise Law. — P. 35. Peterborough.— P. L. 36. Kingston Town Elections.— Rep. 12 V. c. 80. 37. Kingston.— Rep. 12 V. c. 80. 38. Upper Canada College.— Disallowed. 39. Bayfield Harbour Company.— P. 40. Waterloo Bridge Company. — P. L. 41. Gore Bank.— P. L. 42. Cobourg Harbour Company. — P. L. 43. Midland District.— Effete. 44. Home District.— Effete. 45. Hamilton.— Rep. 12 V. c. 80. 46. Niagara.— Rep. 12 V. c. 80. 47. Amherstburg and Sandwich.— Effete. See 9 V. c. 61. 48. Cayuga Pi,oad.— Effete. 49. Dundas to Waterloo, grant for completmg Road.— Effete. 50. Hamilton and Brantford Road.— P. 51. Kingston and Napanee Road.— Effete. 52. Cornwall and L'Orignal Road.— Effete. 53. London and St. Clair Road.— Effete. M. Kettle Creek Harbour.— Effete. 55. Newcastle District Inland Navigation.— Effete. 56. Highways and Bridges.— Effete. 57. Lighthouses.— Effete. 1 130 Statutes of U. C, before the Union. 2 YICTORIA.— Continued. Caps. 58. Gull Island Liglithouse.--Effete. 59. False Ducks Lighthouse. — Effete. 60. Allowance to Ptobt. Brown. — Effete. 61. Niagara District.— Effete. 62. Common Schools. — Effete. 63. Toronto House of Industry. — Effete. 64. Toronto General Hospital. — Effete. 65. Provincial Penitentiary. — Effete. 66. Pension to wife of Captain Edgeworth Usher. — P. 67. Remuneration to B. Turquand. — Effete. 68. Rebellion Losses.— Effete. 69. Adjutant General of Militia.— Effete. 70. Supplies.— Effete. 71. Supplies.— Effete. 72. Debentures.— Effete. 3 VICTORIA. Caps. 1. Chancery. — Effete. 2. Reporters, Queen's Bench.— Rep. 18 V. c. 128, Effete, s. 9. 3. DESERTERS.— Consol. 4. PROMISSORY NOTES.— Consol. 5. Suit and Process. — Effete. 6. Imprisonment for Debt. — Effete. 7. Absconding Debtors. — Effete. 8. BILLS of Exchange.— Consol. 9. Revenue.— Rep. 10, 11 V. c. 31, See 8 V. c. 4.-16 V. c. 184. 10. Statute Labour.— Rep. 13, 14 V. c. 66. 11. Boundary Line Commissioners. — Effete. 12. FOREIGNERS.— Consol. 13. Indians. — Superseded 13, 14 V. c. 74, and to be expressly repealed. 14. GOALS.— Consol. 15. Currency. — Rep. 4, 5 V. c. 93. 16. Fortifications.— Rep. 7 V. c. 11. 17. WEIGHTS and Measures.— ss. 1, 2 Rep. 12 V. c. 85.— s. 3, Effete.— See 12 V. 85, s. 5, to be expressly repealed. 18. Salt.— Effete. 19. Distillers.— Rep. 9 V. c. 2. 20. Spirituous Liquors.— Effete. Rep. 13, 14 V. c. 65.— 16 V. c. 184, to be ex- pressly repealed. 21. Spirituous Liquors. — Rep. 13, 14 V. c. 65. 22. Spirituous Liquors.— Effete. See 13, 14 V. c. 65.— 16 V. c. 184. 23. Auctioners.— Rep. 16 V. c. 184. 24. Inspection of Fish.— Rep. 22 V. c. 25. (1858.) 25. Inspection of Beef and Pork. — Rep. 4, 5 V. c. 88. 26. Quarter Sessions in Home District. — Rep. 7 V. c. 32. 27. MILLITIA PENSIONS.— Consol. 28. Militia Pensions. — Effete. To be repealed. 29. Maddock, J. F., admission to practise law. — P. 30. Handley, William, management of his estate. — P. 31. London.— Rep. 10, 11 V. c. 48.— 12 V. c. 80. 32. Oakville Hydraulic Company. — P. L. 33. Bronte Harbour Company. — P. L. 34. York Bridge Company. — P. L. statutes of U. C, before the Union. 1131 3 VlCyiORlk— Continued. Caps. 35. Kingston University .—Disallowed. 36. Kingston University.— EfFete. 37. Port Darlington Harbour. — P. L. 38. Huron County.— Effete. 39. Hallowell Township.— L. 40. River Thames. — L. 41. Sandwich. — L. 42. Victoria District.— Effete. 43. Niagara District. — Rep. 9 V. c. 50. 44. Midland District.— Effete. 45. Dalhousie District. — Effete. 46. Ottawa District. — L. 47. Toronto.— Rep. 12 V. c. 80. 48. Cornwall and L'Orignal Post Road.— Effete. 49. Erie and Ontario Railroad. — Effete. 50. Oakville Harbour.— Efiete. 51. Thames River.— Rep. 9 V. c. 37. 52. Port Hope Harbour Company. — P. L. 53. Macadamised Roads. — Effete. See Acts relating to Board of Works, &c. 54. Allowance to W. Kingsmill and W. Chisholm. — Effete. 55. McDonell, Allan.— Effete. 56. De Grassi, Phillip.— Effete. 57. Provincial Stock in Bank of Upper Canada. — Effete. 58. Finance Loan, ^670,000.- Effete. 59. Provincial Penitentiary. — Rep. 9 V. c. 4. 60. Remuneration to Sir Allan N. McNab as Speaker. — Effete. 61. Emoluments, J. H. Dunn. — Effete. 62. Remuneration to John Kidd. — Effete. 63. Samuel B. Smith, salary for 1839.— Effete. 64. Pension to Lewis Bright. — Effete. 65. Pension to Joseph Randal. — Effete. 66. Pension to William Kerry. — P. 67. Toronto House of Industry. — Effete. 68. Common Schools, 1840.— Effete. 69. Clerk of the Crown in Chancery. — Effete. 70. Supplies.— Effete. 71. Supplies.— Effete. 72. John Stuart, Divorced. — P. 73. RELIGIOUS SOCIETIES.— Consol. 74. Church of England and Ireland— P. Special. 75. Elijah Nellis.— P. 76. Rebellion Losses.— Effete. GENERAL INDEX. Note. — In the following Index, the figures refer to thePageofthe Consolidated Statutes for Upper Canada and of Canada, respectively. U. C. before the figures refer to the Consolidated Statutes for Upper Canada; and C. before the figures refer to the Consolidated Statutes of Canada : And further to distinguish the Volumes, — the subjects contained in the U. C. Consolidated Statutes are printed in Roman Type. — And the subjects contained in the Consolidated Statutes of Canada in Italic. U. C. PAGE. ABATEMENT, See Error and Appeal, - - -« 66,71 " Insolvent Debtors Court, . . « 128 ( 198,200, " Common Law Procedure, - - " \ 202,212, ^214. " Absconding Debtors, - - - " 295 " Ejectment, - - - - « 307 " Bills of exchange and Promissory Notes, " 446 « Building Societies, - - - « 520 Abduction of Heiress. See Criminal Law, - - C. 957 Of females under 16, " - - - « « Abortion, — attempts to procure, " - - . « « Absconding Debtors — Who are, - - - u. o. 286 Property of, attachable upon Affidavit and Judge's Order, " 287 When in Superior Court — When in Inferior Court — When to be marked inferior Jurisdiction, - . « « Form of attachment and Summons therewith, - " 288 Date — Duration — Renewal —Service — Concurrent Writs, " 289 Plaintiff to prove his claim before final Judgment, " " Proceedings may be re-opened after Judgments, - " 290 Special Bail, - - - - - . « « Property — What attachable — Inventory, — Perishable, - " " Property — Previously attached in Division Court, - " 291 SheriiT's Costs — Appraisement, . . . « 292 Costs when Attachment unwarranted, - - . « « When an Attachment liable to be overreached by an execution, in a pending Suit, - " 293 Debts due to absconding debtors may be attached, - " " When the Sheriff may collect the same by Suit, — Form of Declaration — Sheriff's indemnity from costs, " 294 Suit not to abate by Sheriff's death, &c., - " 295 Proceeds when and how to be rateably distributed — When Division Court Creditors to participate, - " " Surplus to be restored, - - - « « See Division Courts, - - - - " 172 " Imprisonment for Debt, - . « 277, 279 " Unorganized Tracts, - - - « 1010 1134 General Index. — (A. Continued.) Absentees, Service on. See Cliancery, " Common Law Procedure, Accessories. See Rescue of Murderer, " Forgery, " Criminal Law, Accidents from Machinery. See Machinery, Compensation to family of persons killed by By fire, investigation into origin of - Accounts, Fvhlie. See Public accounts. Certain Institutions to render periodically, Addington, County of — Townships in. United with Frontenac and Lennox, Administration, Letters of. See Surrogate Courts, - Admiralty, lands held by and Property vested in, - Setting out and taking lands for Naval defence. Payment of purchase money and ajustment of compensation. Powers for certain purposes, ... Suits, Deeds, SfC, - ... Schedule of lands, - - - . . Felonies vdthin jurisdiction of, - - - Adultery. See Guardianship of Infants, Affidavits. See Commissioners for taking, " Commissioners for taking, Affirmation. See Witnesses and Evidence, " Jurors and Juries, ... Agents, protection of persons dealing ivith. See Criminal Law, - - - Aggressions. See Foreign Aggressions, Agreements for service. See Master and servant. Agriculture, Bureau of, — Board of, - - Agricultural Exhibitions, &c. See Joint Stock Companies, u, Societies, aid to. See Municipal Lastitutions, Agricultural Instruction, grant for, - - - Associations, ... . . Societies in U. C, " in L.C., .... " in L. C, and U. p., Municipal aid to, " Schedules - - - - Aldermen. See Municipal Institutions, ... " Jurors and Juries, ... Aliens, Naturalization of, - - - - - Alimony. See Chancery, Allowances for Roads. See Municipal Institutions, " Survey of Lands, - Amendments. See Common Law Procedure, " Points of Law in Criminal Cases, " At the trial " Common Law Procedure. See Page 958, Amends, payment of into Court. See Common Law Procedure, Tender of. See Sabbath, profanation of, " Justices of the Peace, Anatomy, to facilitate the study of, - - - - Ancient Lights. See Limitations of Actions and Suits, - u. c. page. ti 61 it 194. n 931 a • 938 c. ( 996,1005, \ 1017 U. ( 2.808 C. 888 11 940 . « 186, 193 (( 204,205 -u. c. 10 i( 18 a 93 c. 478, 479 11 481 J 489 . a 500 « 504 it 510 bee Municipal Institutions, - Running at large. ) do. - . Annuities. See Insolvent Debtors Court, Anticipatort Appropriations. See Municipal Institutions, Appeals, -----.. In Civil and Criminal Cases, - - . . To Queen in Council, - - See Chancery, " Error and Appeal, " County Courts, " Surrogate Courts, - - . " Common Law Procedure, - . . " Assessment of Property, " Highways, - - . " "Weights and Measures, " Common Schools, - - - " Guardianship of Infants, . - . •' Master and Servant, " Apprentices and Minors, " Trespasses to Public and Indian Lands, " Sabbath, profanation of, " New Trials and Appeals in Criminal Cases, " Summary Convictions, Appeal from, " Criminal Law, _ _ - _ Appearance. See Common Law Procedure, Apprentices and Minors. Minors may contract and receive wages for work, - - - - - When, how, and by whom bound apprentice. Death of Master, _ _ _ - Transfer of Apprentices, . . _ - Duties and misconduct of Masters and Apprentices, - Limitation of proceedings by Master harboring Ap- prentice, ------ Insanity avoids Indenture, - - - - Summary Convictions and Appeals, Power of Quarter Sessions, - - Annulling Indenture of Apprenticeship, Fines. — Interpretation, Aprons, Mill-Dam's. See Mills and Mill-Dams, Arbitration. See Division Court, . - - . " Insolvent Debtor's Court, - " Common Law Procedure, - " Joint Stock Companies, " Mutual Insurance Companies, " Municipal Institutions, " Common Schools, - - - - " Trespasses to Public and Indian Lands, ■ " Unorganized Tracts, " Railways, - . .. . Arrest. See Criminal Law, _ - - - . Arrest for Debt, See Imprisonment for Debt, - i Writ of. " Chancery, Of Judgment and Judgment non obstante veredicto— See Common Law Procedure, c. page. a 999 U. C. 589 a 632 a J21 C( 579 a 58 a 66,67 a 72 u 58 a 62 t( 91,92 ti 99 a 197, 215 a 663 a 689 a 699 a 759 a 795 i( 800 i( 803 (k 822 a 946 it 962 ti 963 c. 1034. v.c. . 196 it 801 « u (( Goods exempted from seizure, ..." « What Bank and other stocks may be seized and sold, " " Transfer of, - - - . - " 240 Interest of mortgagor in lands — at time of writ deli- vered, - - - - - . « « Certificate of sale for Registration, - " 241 Mortgagee may purchase — but must release his mort- gage debt, - - - - « " A stranger purchasing liable for, if mortgagee compels mortgagor to pay, - - - . « « Equity of redemption in goods, - - - « « Securities for moneys, - - _ " « , Payment of, to Sheriff, - - - « 242 Suits to compel by, .... « « Application of receipts, - - - - « their powers and duties. Trustees, their number and Election, where wards do or do not exist, - - . - - First and subsequent Elections — Voters at, 'Election, disputes — Costs — Returning Officer, Trustees, a Corporation, _ . _ - Trustees, duties respecting, - - - - Secretary-Treasurer, . - - - Collector, ------ u. c . PAGE, u 728 11 (i (( 729 a <( a 730 it 731 u (t (I 732 11 a (( ti u It 11 733' ti 734, n 735 11 736 <( 737 (( ti - « " (( 739 a U u 740 tt 74,1 « 742 . « 743 « 744 « 745 « a « 746 General Index. — (C. Continued.) 1153 Common Schools. — Continued. u. c. page. Local Superintendent, - . " 74,6 Meetings, - . . . « « School property and premises and management of, " " Numbers and teachers of Schools, - . « « Salaries of teacher and Superintendent, - " « Union with Grammar School, . . « 747 School committees, - . . « « Estimate for expenses, - " « Rating parents, &c., - - - . « « Orders for payment, - - . <> « Meetings, annual and special, - - " 748 Books, for nse of Schools, - t _ « « Report respecting School for Chief Superintendent and others, - - _ - " « Teachers, certificate of qualification, - - . « " Not to be Trustees or Superintendents, - . « " Their duties as respect teaching school, register, dis- cipline, visitors' book, examinations and furnishing information to Superintendent, - . " « Protection in default of payment of their salaries, " 749 Settlement of differences between, and Trustees, " " Local Superintendent, term of office, - " 750 Temporary appointment, - - « « Not to be Teacher or Trustee, - - ^ « His duties respecting apportionment of common School Fund, - - - " 751 Payment of Teachers, - . « « Visiting Schools, - - « « Examinations, - . " " Annual Lectures, - - a u School management, - - - " 7.52 Books, for use of Schools, , " " Attending Board of Public Instruction — Chief Superintendent and Arbitrations, " " Suspending and granting Teachers' certificates, " " Furnishing information and annual report to Chief Superintendent, - - " 753 Apportionment of school fund in the case of United Sections of different townships, - " 7.54 County Boards of public instruction, constituted, " " Expenses, - - . . . « « Duty respecting meetings, - •- « « Schools and Libraries, - " 775 Text books, Selection of, " " Teachers and their certificates, - « « School Visitors, their duties and powers, - " " Chief Superintendent of Education, - - " 756 His appointment, - - - « « Salary, Clerks, - - - " ' . '. " " His duty respecting apportionment of Legislative grants, - - - Distribution of Common School Fund, - « 757 Forms and regulations, - . « « School moneys, ... « uuu 1(54 General Index. — (C. Continued.) Common Schools. — Continued. u. c. pacb. Appointment of Deputy Superintendent and Special Inspectors, - - " 758 Normal School, - - - . « « Books, Libraries, Plans for Schools, - . » « Teachers, Institutes, - - - . « « Report to Governor and Parliament, - - " 759 May give Certificates of Qualification, - " " Appeal, right of, in questions under this Act from Division to Superior Court, - . . « « Proceedings — Cost, - - " 760 Council of Public Instruction, Constitution, Meetings, Expenses, Clerk, - - . . « « Their duty respecting Normal and Model Schools, " " Common School Teachers, - - - " 761 Text and Library Books, - - . " « Pensions, - - - - " « Annual Report, - - - . « « Legislative School Grant and other moneys, application of, (See Separate Schools, p. 769, 773,) - - " 762 Apportionments of, when payable, - - " 763 Common School Fund and School expenses provided for, " 764 Residents in one section using Schools of another, " " Arrears of School rates, - - - - " 765 Foreign or Religious Books, use of regulated, - " " Penalties, Wrongful Refusal to deliver up books, moneys, &o., - - - . « « County Court Jurisdiction of— not to interfere with other remedies, - - - - - " 766 Persons neglecting to take security from Common School Fund, personally responsible, - - . « « False entries, reports, &c., disturbing Schools, penalties for, how recoverable and applied, - " 767 Interpretation, short title, (See Municipal Institutions, p. 589,) - Lands and Fund for Education, . - - Companies, Joint Stock. (See Joint Stock Companies,) Commutation of sentence tf death. Concealment of Birth. See Criminal Law, Concession Lines. See Survey of Lands, Confessions of Judgment, &c. See Insolvent Debtors' Court, " Division Court, • " Unorganized Tracts, " Common Law Procedure, Consolidated Municipal Loan Fund, " Revenue Fund, Consolidated Statutes of Upper Canada. Original Roll of, what to be, - - - u. c. 1 Marginal Notes and references, no part of, - . « « When to come into force and repeal former Acts, - " 2 Effect of Repeal and Saving Clause, - - "3 Are not new Laws, - - - - . << 4, How construed when differing from repealed Acts, - " " References in documents to repealed Acts, how construed, " "< What copies to be evidence, - - - . « « « 761 c. 301 u. c. ,465 '« 965 C. 953 u. c. , 916 « 130 (( 1.55 (( 1006 l( 235 C. 906 U 186 « 116 " 121 « 135 General Index. — (C. Continued.) 1 155 Constables. u. c. pagb. See Common Law Procedure, - - " 544, 642 " Expenses of Administration of Justice, " 979 " Unorganized Tracts, - - " 999, 101» Special appointment and duties of, - - C. 1 133 Firemen, exempt from service as, - - - " 939 Constitution and PoliticaZ rights — Legislation, - - « 1 Contempt of Court. See Division Court, - - v. c. 168 " Imprisonment for Debt, - " 279 Contingent, Interest in land. See Real Property, Transfer of, - " 90S Contracts, Forms of Pleading on. See Common Law Pro- Made on Sunday are void. See Sabbath, Profanation of, « 944 For service. Master and Servants, - - " " '''98 Controverted Parliamentary Elections, viz : Election Petitions, - - - - " <( qk Recognizances. - - - " « mi Admission of parties to defend, - - - ^^ J"*- General Committee of Elections, - - ^^ J"* Panels, - - - " . " " ^^ Appointment of Select Election Commtttees, - - iw» Proceedings of, do. Commission for examination of Witnesses, Costs, ''..'' . « 141 Miscellaneous provisions, - - ^^ * Unprovided cases and forms, - - - CoNVETARCES by Married Women. See Married Women, u.^c. 85* Short forms of, - - " " " „ " Vesting order of Court of Chancery to operate as. See ^^ ^^ Chancery, - " ' " Convictions. See Summary Convictions. ^^ AndFines, returns of by Magistrates, - ; Penalties for misconduct of Magistrates and limitation of ^ ^ prosecutions, - -. . '^. T nui Publication of Return and transmission to Finance Mi- ^^ ^^^ nister, - ~ ' " _ « « Returns by Sheriffs, - ^ .' ■ , r ' ' - n 1025 Former, Evidence of. See Criminal Law, - Jl C0PABCEN.RS, Ejectment between. See E^^ctment, _- o.^c. 307 ' C 894 Copy-right, Act respecting - - " ' _ ^ ; 533 502 Coroner. See Municipal Institutions, - _ ^, 3^^' " Jurors and Juries, - ^^ ^^q " County Attorney, - " " „ ._» " Expenses, Administration of Justice, - ^ ^^ ^^j^ " Unorganized Tracts, - - " " ^^ ggg « Inquests by Coroners, - - " c 94,0 Duties respecting Fires, - ' ', „' „o Corporations Service on. See Common Law Procedure, u. c. 188 Corporations, o jyj i^ipai Institutions. i';"g'=rir»d'l." .o''»dby. S« Rea. P.ope,t„ ^, ^ Transfer of, COU2 1156 General Index.^C. Continued.) See Corruption of Blood. See Real Property, descent of, No arrest for, - - . . Process for Contempt for non-payment abolished, Writ of Attachment for, when, and how obtain- able, - . . Payment enforced by Fi : Fa : Ven : Ex : or Attachment of debts, - - - When Suit unnecessary brought in Superior Court County Court, . . . . See Common Law Procedure, Costs. See County Court, - . . Division " - - . . Revenue, - - - . . Common Law Procedure Act, ... Dower, - - ' Attorneys at Law, Unorganized Tracts, Councils, Municipal. See Municipal Institutions, Council of Public Instruction. " Grammar Schools, " " " Common Schools, Councilman. " Municipal Institutions, Counsel, Signature of See Common Law Procedure, Addresses to Juries, " " Counties, names of, and of what Townships to consist. United for certain purposes. See United Counties, - Certain Cities to be counties for certain purposes. Existing — New — Junior — United. See Municipal Insti- tutions, - . . . How property in, to be assessed for rates. See As- sessment of Property, CouNTRT Causes, what are. See Common Law Procedure, County Attorney, to examine accounts of Deputy Clerks of Crown. See Superior Courts of Law, May require accounts from County Court Clerk. See County Court, .... Same powers as regards Surrogate Clerks and Registrars. See Surrogate Court, Clerk of the Peace to be ex officio. See Quarter Sessions, Duties and Powers as respects Division Courts. See Di- vision Courts, Duty of, as regards County Attorney or County or Divi- sion Court — Clerks removed, &c. See Fee Fund, - - - Duties — Appointment — Removal — Qualifications, Not to practise in certain cases, Duties respecting Assizes, Quarter Sessions and Recorders Courts, - - - Summary proceedings before Magistrates and advising them, - - - . . Oath of — Fees to, - - - To report to Minister of Finance — Rules — Qualifications, Clerk of Peace to be, - Temporary Appointments, provided for, Duties of Justices and Coroners respecting, Per Centage of— Interpretation, U. C. PAGE. « 830 " 277 " 279 " 280 « 91 " 254. " 80 " 155 " 184 « 252 " 324 " 4.19 " 1009 « 537 " 722 " 760 « 5,37, 591 " 204 « 229 « 8 to n " 17 " 18 " 524 " 652 " 233 " 40 " 81 " 109 " 117 " 141 to 14 "180,181,15 " 437 948 949 ii 950 iC l< a 951 General Index.— (C. Continued.) County Court. Establishment of, - - - . Judge, tenure of office, - . . " . Senior and Junior and residence of, - To hold Division Courts, - - . . Deputy may practise, but not Senior or Junior Jude-e Judge's oath, salary and expenses, - - . Terms, - - . _ . _ ' _ When Judgments may be delivered, - - . Sittings, - _ . . _ Jurisdiction. Common Law, - - . Practice, - _ . . Pleadings, --.... Powers, --.--. Pleas to Jurisdiction, verification of. Writ of execution, - - . . Fieri Facias — Ca, sa., may run into other counties. Clerk, his office and duties, - - . . Costs — Fees to, etc., - - - . . Their application, _ . . . . Taxation of, costs by, - - . Jurisdiction. Equity, Injunctions, - - - Procedure, - - ... Parties may be witnesses for their opponents. Judge to hear on oath and determine both law and fact. Costs, — Jury, — Rules of decision, — Amendments, Power of Judge, — enforcing orders, (fee, — want of form, - Affidavits, before whom sworn,— costs, — Removal of suits into Chancery, General Rules, ... Fees and their application, ... Costs where suit unnecessarily brought in a Superior Court, - ' - - - Interpretation of words, - - - Appeals to Superior Courts of Law, — Securities, Appeals to Chancery, — Recognizance to be entered into. Counsel and Attorneys' Fees, Judge, Lnpeachment of. See Court of Impeachment, Salaries of. See Fee Fund, - - . " Common Law Procedure, " Imprisonment for debt, " Absconding Debtors, " Replevin, " Jurors and Juries, " Witnesses and Evidence, " Joint Stock Companies, " Lunatic Asylum, ... County Expenditurk, Audit of by Quarter Sessions, Municipal Councils, ..... County Rates. Sec Assessment of Property, Courts Superior of Law. See Superior Courts of Law, Court Houses. See Municipal Institutions, See also, . - _ . Creeks. See Rivers and Streams, ... 1157 u c. page 75 76 ii ii 77 iC 78 79 (i a u 80 ii a 81 it 82 il 83 ii 84 ii 85 ii ' 86 a 87 it a 1 it 88 ii 89 a 90 a 91 a it ii li ii 92 ii ii a 74 a 181 ii 185 a 276 a 287 a 326 a 355 it 404 it 469,481 it 786 ii 980 it 561,597 a 665 " 31 a 533, 647 a 995 a 459 115S General Index. — ^(C. Continued.) Criminal Law. Extradition of Offenders, . . - . Offences against the State, . . . . High Treason,- - . . . . Land and naval Forces, The counterfeiting of current coin, - Making or uttering of spurious Foreign coin, Spurions copper or brass coin, - - . Returning from Transportation, - - . Offences against the Person, - - - - Petit Treason, - - - Murder, -...-. Manslaughter, Concealing the birth, - . . . Poisoning, Stabbing, ^., urith intent to Murder, Felonious attempts to Murder, - . - Attempts to Stab, Maim or disfigure, - - - Maliciously Stabbing, - . . _ Carrying Boioie Knives, Daggers, SfC, about the person, Feloniously administe?%ng Drugs, - - - Explosive substances, - - - ~ . Possessing explosive sitbstances urith illegal intents. Rape, ------- Abusing Infants under the age of 10 years. Infants above the age of 10 years, ... Bestiality, - ... Assault with intent, . - - . - Attempts to procure Abortion, Abduction of Heiress, . - - - - Abduction of females under 16, - Maliciously decoying children under 10 years of age, Bigamy, - - . _ _ Impeding shipwrecked persons, . - . Assaults on persons aiding Vessels in distress or larecked, Hindering Seamen, SfC., - - - - Arrest of Clergymen, - - - . - Assaulting persons apprehending offenders in the night, Summaiy proceedings, - - - . Offences against Person and Property, . - - 1. offences against the person, - - . Robbery, - - - - False accusations, - ... 2. Offences against the Habitation and places of Public Warship, ..... Burglary — Dwelling house, ... " places of Public Worship, Larceny, - ... Stealing horses and other cattle, - - - " Securities, - - - ' " Wills, ... " Title Deeds, . . . . . '•' Or fraudulently taking Records, (^-c, - • " From Vessels Wrecked, - . . < " Railway Tickets, - - . ' " Dogs, .... I " Parts of buildings, fixtures, ^., - - ' PAttE. 945 946 a a « (C 950 952 « <( " 953 « 1024 « 953 « u a li « 954 955 « 956, 1024 957 958 959 961 963 962 963 « 964 965 966 96T <( 968. (( 96» General Index. — (C. Continued.) 1159 Criminal Law. — Continued. Stealing Trees, Shrubs, Vegetables, ^-c., Offences by clerks and servants, Larceny by clerks and servants, False pretences, Receivers, Corruptly talcing rewards, - - - Offering rewards under promise of secrecy, Fines how levied, Arson and other malicious injuries to property, Forgery, - . . - Where offenders and accessaries triable, SfC, Lotteries, - - . . - Cruelty to animals, - . _ - Principals in the second degree, accessories, and second con victions, - - - - - Principals in the second degree, . . . Accessories before the fact, - - . - " afi er the fact, - - - - " before or after, - . . . Second convictions, - - . - - Use of Strychnine and other poisons for the destruction of wild anifnals, . _ - - Procedure in criminal cases, _ . . Arrest of offenders caught in the. Act, - - - Search Warrant, . . . - Arrest of persons in possession of goods supposed to have been stolen, . . . . . Arrest of offenders caught in the night. When a constable may arrest without warrant. Detention of the persons arrested. Copies of Depositions to prisoners, . - - Place of trial. Bigamy, - - _ - Returning from Transportation or Banishment, - Offences committed near boundaries, SfC, Offences committed during journeys or commenced abroad, , - - - - Receivers, - ' . ' ~ Persons injured abroad and dying in Canada, Indictments, Interpretation,, . - - - - Seoc^s, - - - - - Indictments for murder or manslaughter, - " felony and misdemeanor, - « forgery, - Description of Instruments generally. Perjury, SfC,, - - - B,eturning from Transportation or Banishment, - Receivers and accessories, - Dilatory pleas, . . ~ Standing m.ute, Plea of not guilty, - - - Plea of attaint, . . - - - ' Farms of Indicment, that may be adopted. Making up Records, - - - Challenging over twenty. C 1 Page li 969 a 970 (t ii < 324:- Costs, - . . . . " u Tenant to notify landlord of claim served, - " 325 Recovery against mere occupant, - - - an In respect of what interest and within what time de- raandable, - ' , - - - - "852 Certain kinds of, abolished ' . « « How married women may bar, - - a a With or without her husband's concurrence, - "' 8?3 See Partition and Sale, - - " 864 Drainage. " Municipal Institutions, - - - " 593, 604- Drains. " Municipal institutions, - - " 598, 612. Drillling and unlawful Training. When unlawful, - - _ " 934 Penalty for, prevention of, indictment or committal, " 935 Any Justice may act, - - . « " Governor may except Counties from the operation of this Act, - - -.--"" Limitation of prosecutions and actions, protection of Justices, "936 Duel compensation to families of persons killed in, - C. 888 Dundas, County of, Townships in, - - , - - u. c. 9 United with Storniont and Glengarry, - " 18 1166 General Tndea,. — (D. Continued.) Durham, County of, Townships in,. United with Northumberland, Duties and forfeitures, remission, Customs, On tavern keepers, On bank notes, See Excise. E p. G. IJ « 18 C. 210 « 211 « 277 « 278 EASEMENTS. See Limitation of Actions and Suits, - v. o. Education. " University and Colleges of Toronto, " Superior, Grant out of Consolidated Fund for. See Gram- mar Schools, ----- " Council of Public Instruction, Members of. See Gram- mar Schools, - - - - " Chief Superintendent of, certain duties of respecting Grammar Schools. See Grammar Schools, Common Schools, (Form 319,) Ejectment, Action of, Writ— Contents of— Teste Notice, PlaintiiTs' Claim, Service of Writ, . . - - Appearance, _-.--■ Notice of Defendants' Claim, - - . Claim not named in Writ,- - - - Landlords, - . . - - Defence limited to part, - . - - • Further particulars, - - . - Judgment by default, - - - - - Making up issue. (Forms 320 & 321,) Vexatious defences, - - - . Defence without colour or claim, - - - Verdict in such case, how endorsed, Mesne profits, . - - - - Special case — Question to be tried. (Form 321,) Claimants title expiring before trial, - - - Change of venue, - »- - « - Non appearance of claimant or defendant, Special verdict judgment, , - Eecovery of possession, - - - Actions between Joint Tenants, &c., Death, abatement by, - - None, where whole claim survives, - - - None as to share o| survivor, . - - Death after Verdict of joint claimant, Where no survivorship, revival by legal representa- tive, Death of joint defendant, - - . Of sole defendant, ' " " 7 Discontinuing. (Form 321,)— Neglect to proceed to trial (Form 322,) Confession of action, "."'"" No enrolment before execution, ect of judgmen'., - - " ■ C. ■u. c. u « 877 703 721 722 723 301 302 16 K 303 .S04 309 306 307 308 « 309 it 310 « 311 General Index. — (E. Continued.) 1167 Ejectment, Action of — Continued. Landlord and Tenant, notice by tenant of writ received, Ejectment for non-payment of rent, Evidence to warrant, - - . _ Judgment not releivable against, after six months, Mortgagee of lease, - . . Relief by injunction on payment. Continuance of lease thereby, Tenant holding over to give bail if required — Judg- ment in default of bail. (Form, 322,) Judgment for mesne profits, as well as to recover possession, - - - . . Speedy execution, ... Recognizances, how and when taken and enforceable. Commission to enquire as to wrongful overholding, Proceedings before, .. . _ . Return, and precept to SheriiTto deliver possession, Setting aside forms, .costs, Landlords other remedies continued. Mortgagee ejectment by, how stayed and how stay pre- vented, . . - Cost, security for, by plaintiif on second trial, Jurisdiction of Courts in actions of ejectment. Real actions abolished, . - . - . Respecting descent cast, &c,, . . - See Trespasses to Public and Indians, " Survey of lands, Elections and Electors. See Municipal Institutions, Elections, Parliamentary, viz : Who may or may not vote, - - Registration of voters, U. C - - ' L.C. - " Generally, Returning Officers, . . - - - Writs of election, issue of, SfC, " Proceedings on receipt of,- Election Clerks, - - - - - Proceedings at nomindtixm — Agents, - - - Candidates, declaration of quaiificatian. Proceedings when a Poll is granted, - Deputy Returning Officers, Proceedings before and at Polling, Penalties for voting fraudulently. Proceedings after the cldsc of the Poll, - Keeping the Peace and good order, Preoention of corrupt practices, Electohal Divisions. See Municipal Institutions, Electoral Divisions, Legislative Assembly, ii Council, - " - Electric Telegraph Companies, . - - - Elgin, County of. Townships in,- Elisors. See Jurors and Juries, . - - - Embezzlement by Clerks, Agents, SfC, Embracery. See Jurors and Juries, V. c. PAfiB. 311 312 313 It 314 316 ii 31« « 317 318 319 u 819 l< 926 K 540, 55( c. 34,38 a 37 a 39 i( 47 1^ 48 n 52 u (C it 54 4i- 55,56 (i 56 i( 58 u 62 '< 64 u 68 u 69 n 73 u 76 V. 0. 593 c. 12 a 5 a 797 U. C. 16 u 369 C. 970 V. c. 382 1168 General Index. — (E. Continued.) Emigrants and Quarantine, Sj-c. Duty payable, - _ _ _ _ Vessels bringing them, . . . . Report by Master, - - _ . Inspection of, and bonds in certain cases, Protection of, from imposition, _ - _ Quarantine, - - Recovery of duties and penalties, Moneys levied and expended. Engineers. See Municipal Institutions, English Laws and Statutes. See Laws — Statutes, As to Costs. See Common Law Procedure, Entails. See Estates Tail, Equitable defences. See Common Law Procedure, Replevin, Mortgages. " Registration of Deeds, Equity of Redemption may be taken in execution. See Chattel, mortgages and sales, " Division Court, - - - Error and Appeal, Court of. Judges of, - - Presiding Judges, Quorum, Clerk, Time and place of sitting, jurisdiction and powers, Certificate of Decision, Disconiinuance of Appeal, Reversal of Judgment below, by consent, Appellants security, Stay of Execution, Death or Marriage not to abate appeal; Appeals from Queen's Bench and Common Pleas, when in Civil and Crimiiaal Cases, and within what time. Case — copies of, — contents, Death, — Marriage, — interest when allowed. Appeals from Chancery — Procedure, Within what time. Appeals to Queen in Council — amount to warrant. Appellants security, Stay of Execution, General Rules, Clerks' Fees and Accounts, No appeal to, on Judgment by default. See Common Law Procedure, - - _ Rules made by Superior Court Judges to bind this Court. See Common Law Procedure, Fee Fund for Law Society. See Law Society, Reports of Judgments of, Error, Writ of. See New Trials cases. Escaped Criminals and offenders, Essex, County of — Townships in Estates Tail, interpretation, Warranties no bar of, General power to bar estates tail and remainders. Certain tenants in tail not to bar, Base fee convertible into fee simple. Bar limited by the intent of the deed, and Appeals in Criminal See Fugitive olfenders, c . PAGE. a 519 u 520 u 521 11 523 ti 525 It 528 ii 530 u 532 U. C. 596 ti 30, 928 tt 252 it 839 tt 210,328 it 894 tt 162 tt 455 it 240 tt 62 ti 63 64 65 66 67 68,69 70,71 71 72 73 « 197 257 408 426 963 929 15 839 841 842 General. Index. — (E. Continued.) i jcq Estates Taii.— Continued. u. c page Protector of the settlement, :-who to be, - . '«. ' 842 Who may appoint, ' - - - « §^5 Registration of appointments and resignations, «■ « When Court of Chancery to be, - . « « Concurrence of, requisite to conversion of base fee into fee simple, - « g^g Base fee, creation of, - _ « « His discretion not controlable, - - . u g^ry Voidable estates confirmed by subsequent disposition unless latter be for value without notice, " " When base fee and remainder in fee vest in one person and no estate intervenes, former enlarged, - " « By what Instrument entails barred, - - " 848 By married women, - « « Necessity of Registration, - - . « « Protector's consent how given, - - u a Extent of, - - - « « Irrevocable, . - . _ k g^g By married women, - - « u Necessity of Registration, - - - « « Court of Chancery, not to enforce contracts or supply defects under this Act, - - . « n Proceedings where Court protector, - _ u « Order of, sufficient evidence of consent, - - " 850 Where lands to be purchased with moneys, the proceeds of other lands or otherwise are to be entailed, this Act shall apply to such last mentioned lands or moneys, but without affectiug them as regards their being realty or personalty— Registration necessary, " " Extinguishment &c. of powers by mari-'ied women, - " " Husband's concurrence, when and how dispensed with, - - - See Limitations of Actions and Suits, Estreats and Fines, proceedings to enforce, R^ission of forfeiture by Jurors, &c. for absence. (See Jurors and Juries 377,) Seizure and sale of lands, Security for payment and release of prisoner. Discharge of Recognizance, Statement for and payment to Receiver General, &c. of receipts, - - See Criminal Law, Evidence. See Witnesses and Evidence, « Criminal Law, - - - - Of foreign Judgment— Official documents, SfC, Exchange, Bills of. See Bills of Exchange and Promissory Notes, See Real Property, Transfer of. Excise Duties on Distilleries, Breweries, Spirits, Beer, viz : Licenses — Board, SfC, Rates of, - ' Warehousing— Spirits, SfC, _ . - . Powers of Inspectors, - - Recovery of Duties and Penalties, - - - - Duty on Tavern Keepers, - - - - vvv a 851 a 875 U 966 £C 967 ({ 968 i( a (C « a 969 C. 3035 c, 1024 a 892 u. c, ,440 {) 9C4>, 902 0. 268, 269 a 270 it 272 It 273 ii 275 a 277 1170 General Index. — (E. Continued.) U. C. PAGB. " 79 " 65, 72 „ ( 236, 250 I 198 " 455 " 283 « 326 « 333 « 572 " 777 " 1009 C. 164 " 165 « 168 " 178 « 185 Execution. See County Court, . - - " Error and Appeal, ... " Common Law Procedure, - " Chattel, Mortgages and Sales, " Imprisonment for debt, " Replevin, - . . " Interpleader, " Municipal Institutions, " Cemetery Companies, " Unorganized Tracts, - - . Executive Government and Public Officers, viz ; Governor, ... CivU List and Salaries, - - - Civil Service generally, - . . Public Officers, Commission, SfC, - - - Inquiries into Public matters, • Official Notices, -.--.«« Executors, Action or Distress by or against for injury to property, or for rent, - - - u. c. 806 Of partner or joint contractor, liability of, - " 807 See Surrogate Court, - - - " 93 " Common Law Procedure, - . « 251,253 « Mortgages of Real Estate, . « 868 Exhibits Filed, not given up without Judges order. See Common Law Procedure Act, - « 234 Exhibitions, Agricultural. See Joint Stock Companies, - " 498 Travelling. See Municipal Institutions, - - " 590 Industrial. " Municipal Institutions, - - - '* 647, 603 Exigent, Writ of. See Outlawry, - "951 Expenses of Administration of Justice, - - - " 975 Expenses, County, Audit, &c., of, - - « ggQ Explosive Substances. See Criminal Law, - - - C. 955 Extortion of money by threat to publish, &c., libel, - u. c. 941 Extradition of Criminals. See Fugitive offenders, - - " 929 " Criminal Law, - C. 943 F. See Criminal Law, - C. V. c. per centage allowed FALSE accusations Farms, Industrial, Fee Fund. County Attorney receiver of- to Security, - - - . . Returns -of to Finance Minister and Provincial Secretary, Application of — Accounts of — Public Accounts, See Chancery, . - . . " County Court, - - . . " Surrogate Court, - - - . " Division Court, - - - " Law Society of Upper Canada, Fees and Costs on Criminal or Revenue Prosecutions — Tariff, By and to whom payable, — County Treasurers duty res- pecting, - ... Penalty for over charge, - - - . Limitation of actions for penalties, - - - 662 603 180 181 (I 61 81 109 170 407 971 972 973 General Index. — (F. Continued.) See Municipal Institutions, See Criminal. Law, - . . See Municipal Institutions, Fees AND Costs, Sec— Continued. Fees of justices and their clerks, On Summary Proceedings, To witnesses, - Fellowships, endowment of. Felonyi Fences. Fence viewers. " Fences, line or division. Fences and water-courses, line or division, - . . Duties of adjoining occupiers, - - , Lawful, what, ---... Removal of, - Construction and expense of, in different cases, - Fence viewers, - . . . Settlement of dispute by, - . . . Their award, - . . How notified of the dispute, and what they may determine, - - . Variation of old awards, - - . Proceedings where either party disobeys award. To compel contribution were one has been at the whole expense. May take evidence on oath, - - - . Filing award, - . . . Execution upon, - - - . Fees and costs, - - . . Feoffment. See real property, transfer of, - Ferries, licensees, who may be, - - - . Frontier Ferries, License, Term, - - - - Tendering for lease, terms of, Limits of, - - - - -. - Case of opposite Municipalities, whether rural, city, town, village or island, Sub-letting, Steam, Disturbance of right, Private boats, - - Evidence of title, - - . . By-laws regulating, - - - See Municipal Institutions, Fines, appropriation of, in certain cases, - - - " See Convictions and Fines, - - - - Fires. See Municipal Institutions, Fire Insurance. " Mutual Insurance Companies, Fire Arms . " Drilling and Training Unlawful, Firemen, exemptions in favor of, - - Fires, investigation into origin of, - - - - Fish and Oil, inspection of, viz : Inspectors, - - Mode of inspection and qualities, - . - Fees, ------- Penalties and Recmiery, . - . - Regulations and Returns, - - - - - Fisheries and Fishing, viz : Protection of Fisheries, - - - - White Fish in U. C, vvv2 u. c. u. c. 1171 PAGE. 973 974. 597 1013,1023, 1030, 1037 589 636 690 689 690 691 a 692 « 693 a ti a 902 456 457 II a 458 <( 596 (( 970 a 985 li 601,610 a 503 li 935 c. 939 t( 940 ei 624 1), - Juvenile Offenders, Summary trial and punishment of, Reformatory prisons for, K. Kent, County of, Townships in, - - - u. c. 15- Kingston, a County- separate from Frontenac for certain ■ purposes, - - - - -"18 King's College. See University of Toronto, - . « 703 Labourers. See Masters and Servants, - - _ Lambton, Cou-nty of, Townships in, - - Lanark, County of, Town-ships in, - United with Renfrew, . - . . Land, Execution and Sale of. See Common Law Procedure,- " Ejectment, Short Forms of Conveyances of " Leases, - - u. :. PAGE, it ' 993 a 994 tt it li 637 it 822 It 929 It 931 it 935 it 947 it 948 it 971 it 985 it 997, 101^ c. 1037 tt 1041 tt 1043 it (( it 1048 tt 1049, 1050 t( 1051, 1052 « 1052, 1053 it 1057 it 1G59 it 1083 tt 1083 it 1087 « 1083 (( 1090 tt 1091, 1093 (( 1095 it 1099, llOft li 1101 11 M03 a 1148 u 1155 u. c 798 it 15 it 9 tt 18 It 239, 243 It 302 it 905 K 911 General Index. — (L. Continued.) j (Qtt Land — Continued. (7, page. Held for Military or Nawcd defence, . - . « 4,59^ 4,73 See Common Schools, - - . "301 " Grammar Schools, - - - - u. c. 726 " Trespasses to Public and Indian Lands, " 818 " Real Property, descent' of, . - " 829 " Mortgages of Real Estate, - . " 867 " Limitation of Actions and Suits, - - " 868 " Registration of Deeds, - - - « sfl2, 893 " Real property, transfer of, - - « 902 " Survey of Land, . . . « 914 " Married Women, - - - - « 854 " Partition and Sale of Real Estate, - " 857 " Crown Debts and Claims, - - - " 22 " Chancery, . - - . « 281 " Petty Trespasses, - - - . " 847 « Estreats and Fines, . . . « 968 " Heir and Devisee Commission, - - " 810 Landlord and Tenant. See Insolvent Debtors Court, . " 120', 129 « Division Court, - - - " 166 " Ejectment, - - - " 303,311 « Dower, - - - - « 3-25 See Distresses for small rents and penalties, " 982 Landmarks, " Municipal Institutions, - - " 588 « Survey of Lands, - - - " 915 Land Surveyors. " Survey of Lands, - - - C. 862 Larceny and offences against property, '^ ' - - - " 961 Larcemes, small, summary t7-idl of , . . - « 1139 Lckol admission of Practitioners from L. C. in U. C, and vice versa, - - - - - - " 858 Laws of England, the rule of decision when, - - u. c. 30, 252 Criminal — the law of Upper Canada, - " 928 Law Society of Upper Canada, - - - - " 406 Ihcorpbration, _ _ - - - Power to hold land, .... Visitors, ...... Benchers, Librarian, Treasurer, Rules, - - " 407 Fund for payment of certain Government Debentures. (See Forgery, 937,) - - - - « 408 Certain lands applicable to redemption of debentures, " 409' When sapae redeemable, . - - - . « « Leases. Short Form of, - - - ' " Zl .See Real Property, transfer of, - - " 902 « Ferries, - - - " 456 « Insolvent Debtors' Court, - - " 129^ Leather (Sole) inspection of, - ' - - ' C. 630 Leeds, County of. Townships in, - - - ' ^i^' ,^ United with Grenville, - - - " pi Legislative Council, - - - ^ ' , i"~/.n „«« Legislative School grant, application of. See beparate Schools, u. c. 769, 773 ^ i « a « Common " " 762 Legislature, viz : ^ Legislative Council,- - - " «* 10 Representation in the Legislative Assembly, - - iZ Special provisions relating to both Houses, - - "19 www^ (t u 1188 General Index.— (h. Continued.) Legislature, viz :— Continued. q^ -pj^^^ Legislative Assembly, internal economy, - - «* 24, Provincial Statutes, . - - - " 26 Elections of Members of the Legislature, - - "34, Controverted Parliamentary Elections, - - - " 92 Lennox, County of, Townships in, . _ . u. c. 10 United with Frontenac and Addington, . . - - *" " 18 Letters Patent, repeal of, - . . « 533 Scire Facias, to repeal, - - . . . « jg^ jgg Liberties in Cities, abolished. See Municipal Institutions, « .527' Libel. See Slander and Libel, - . . . « g^Q Libraries. See Common Schools, - . _ « ij^^ Library Associations and Mechanics'' Institutes, . - C. 823 Licenses, Shop and Tavern. See Municipal Institutions, u. c' 583 588 Inspectors of. " " « « ggg' Of Vehicles. " « « « gQ< Marriage and Marriage License Fund. See Marriage, « 787 791 Tavern, - - - . _ . -C 277* Timber, - . . . _ _ ,< ' ggg Light houses, keepers and Maintenance of, . - u. c. 29 Limitations, Plea of Statute of. See Property and Civil Rights, *" ' 31 " Division Court, . « 151 " Unorganized Tracts, - « 1007 Limitations, btatute of— Writing required to take case out of, « 450 Joint contractors— Bar of one, no bar as to the other, '' « Non-joinder, Plea of in abatement, - . « « Memorandum of payment by payee insufficient, - « 451 Set off, ---.._ Limitation of Actions by or against executors for injury to property, - . . . „ g^g Distresses by for arrears of rent, - . . « « Of debt upon specialties, awards, &c., - . « « Disabilities, - - - _ _ . « « Acknowledgment in writing, . . « « New action upon reversal for error, - . . « §07 Limitation of Actions and Suits respecting Real Property 20 years, - . - . . ' « ggg When right deemed to have first accrued, - . « 869 As against Patentee of wild lands without notice, « 870 Tenancies at will and from year to year, - - « 871 Morgagor and cestui que trust not a tenant at will " « Wrongful receipt of rent, eifect of, . -' « « Entry or continual claim, of no avail, . « §72 Possession by one joint tenant, brother, coparcener, &c. " « Written acknowledgments of right, - - « « Extinguishment of right, - . . . « « Receipt of rent, effect of, - . . « « Arrears of Dower, rent, and interest, _ « 873 Mortgages — Mortgagees in possession, acknowledg- ments by, - . . . « « By mortgagees to recover the money secured on lands, « 874, Respecting mortgages absolute in law prior to 4th March , 1857. (See Chancery 57), _ - .' « g75 Entails, a bar of tenant in tail bars all he might have barred, - - . . _ « « Base fee enlarged into fee simple after 20 years, - « 876 31,451 General Index. — (L. Continued.) 1189 Limitation of Actions and Suits, &cc.— Continued. u. c. page. Limitation in Equity — Trustees and cestui que trusts, « 876 Fraud, purchase for value without notice of, Acquies- cense, --.-.<(« Easements,— Profits, &c., out of land— right of way, and water, - - - . . _ „ g^^ Ancient lights, - - . . « o^yg Pleading— Averment of right— Presumptive evidence, " « Disabilities and Exceptions, - - - . « ^79 Bar of interest in possession, when a bar of remainder, « 880 Interpretation, . . - . . « « Limitation of Prosecution and Suits. Division Court, - - - . -«171 Medical Practitioners, - - . . « 433 Joint Stock Companies, - _ . - " 4O8 502 Municipal Institutions, - - . - « 586* Cemetery Companies, - - - - « 775 Apprentices and Minors, - - . « §03 Riots and Riot Act, - - _ . « 933 Drilling and Training, illegally, . . « 935 Marriage, - - - - - - « 939 Sabbath, profanation of, - - . - « 945 Fees and Costs, - - - - - " 973 Convictions and Fines, - - _ - " 986 Actions against Magistrates, - - - - " 991 Unorganized Tracts, . . . « jqiT Public Works, . - - - - . - C. 339 Crimi7ial Law, - - . . « 1036 » Summary Convictions, ^c, - - - - " 1090 Limited Partnerships, ■ - - - - "689 Lincoln, County of, Townships in, - - - u. c. 17 Line Fences. See Fences and Water courses, - - " 689 Liquors, Spirituous, By-laws forbidding sale of. See Munici- pal Institutions, - . . « 533^ 588 Sale, &c., of, in Gaols jirohibited. See Gaols, - " 995 Near Pub'ic Works. See Public Works, C, 341 Listes pendentes, effect of dissolution of Union of Counties, See Municipal Institutions, - u. c. 534 Registration of. " Registration, - - - " 884 " Chancery, - - - "59 Loans guaranteed by Imperial Government, - - - C. 1 87 Local Improvements. See Municipal Institutions, - u. c. 606 Local Masters. " Chancery, - - " 47 Local Superintendent of Schools. See Common Schools, " 742,750 Look-up Houses. See Municipal Institutions, - " 645 London, a County separate from Middlesex for certain pur- poses, - - - - i» Lord's Day. See Sabbath. Lotteries. See Criminal Law, . - - - C. 998 Lunatic. See Destitute, - - - - u. c. 981 " Chancery, - - - " •''2, 55 " Estates Tail, - - - " 843 " Inquests by Coroners, - - " 988 11 783 II 784 « II « 785 (( 786 11 « l( 787 c , a 827 it 834 u 849 t< 1158 it 1159 1190 General Index. — (L. Continued.) U. C. PAGE. Lunatic Asylum, — Debentures, &c. See Upper Canada Building Fund, - - - - Provincial Property of. vested in the Crown, Bursar and Medical Superintendent, — their appointment and duties, - - - Admission into — Expenses of maintenance, Enforcing payment for mainteiiance, Management and Sale of Lunatics property, Salaries, — Interpretation, - - - - Private, - - - Licensing and Visiting, SfC, - - - - Admission of Patients, - - . . FoPms, Sj-c, - - - - - Lunatic Convicts, Asylum for, Lunatics, dangerous, Confinement of, - - - M. MACHINERY, Accidents from, prevention of, - - u. c. 808 Inspection of by Magistrates, &c. See Railways, C, r^'' (P. 791, 794), ..." 809 Magistrates. See Justices of the Peace. Malicious injuries to property. See Criminal Law, - - C. 980 Mandamus, Writ of — In the nature of decree for specific per- formance, - - - - u. c. 274 Who may grant, application for, - - - . « « Form of, when may issue, — Return, — Enforcing, - " 275 Prerogative, — writs of not affected, - - . " « Rule may be absolute at once, - - - . « « To Magistrates. See Actions against Magistrates and others, - - . . - See Municipal Institutions, Manslaughter. See Criminal Law, - - - Manufacturing, Mining, Chemical, ^c, Companies, See Joint Stock Companies, Manufactures and Arts — Boards of, - - - Maps and Plans, Private. See Registration of Deeds, &c., " Surveys of Lands, " do. do. Marginal Notes. See Consolidated Statutes for Upper Ca- nada, ---.-. Markets. See Municipal Institutions, . - - Marriages, Returns of, in Upper Canada, Marriage — -Abatement by. Who may Solemnize — Bans — License, Solemnized elsewhere than in a Church, Certificate of for parties. Registration, - - . « « Evidence of Marriage, . . . - « 790 Fees, - - - - - . « « Quaker Marriages, - - - - _ " « Register Books, Printed Forms, - - - . « « Property in said Books, . - . . « 791 Marriage License Fund, - - - - . « « Penalty for solemnizing by unqualified person, or without bans or license, - ^ . - « 939 Limitation of prosecutions, evidence, - - . « « it 992 It 572 c. 953, 1013 It 719 a 11 383 U. C. 900 u 923, 925 c. 882, 884 u. c. 1 11 599 C. 414 66,214 u. c. 787 £C 788 General /«dea;.T-(M. Continued.) 1191 Married Woman, not liable to arrest. See Imprisonment for Debt, ... May possess certain property independently of husband, Such property liable for her torts, - - - Saving respecting tenancy by curtesy, . - - Hev earnings, protection of, from husband, - Order for protection how obtained, and registration or filing of, ..... Efiect and evidence of Registration, Discharge of order, ..... Debts of husband and wife, - . - . Will or distribution of separate property. Actions, &c., against wife, ... Ante nuptial settlements unaffected, ... May with her husband's consent, and how convey her Real Estate, .... Acknowledgment of free will, .... When resident abroad, .... Certain errors and informalities in existing certificates cured, ..... See Erjor and.Appeal, " Common Law Procedure, « Estates Tail, - - " Partition and sale of Pi.eal Estate, " Dower, Marshalls. See Assizes, .... Master in Chancery. " Chancery, - - - Master and Servant — Slavery prohibited. No contract of service to be for more than nine years, If verbal, not binding for more than one year, Refusal to work, - . . - - Combinations to raise wages, . . . Pledge of Apparel, . . - - . Summary convictions, fines and imprisonment, Misconduct of Master, ..... Appeals, . - . . - See also Apprentices and Minors, Meal. See Flour and Meal, Measures. See Weights and Measures, u. c. page. C. -u. c, C. Mechanics' Institutes. See Municipal Institutions, And Library Associations, Medical Practitioners and Profession, Board of Examiners—Secretary, Time and place of sitting, - - " " Notice l)y applicant, - - " " Certificate— License to practise, - Unauthorizedpractice— Misdemeanor— Exceptions, Limitation of Prosecutions— Penalties— Fees, See Inquests and Coroners, Zower Canada License, good in Upper Canada, and versa, - - - ' Medicai. Superintendent. See Lunatic Asylum, - '■ « Municipal Institutions, Meetings iFu^lic,) respecting, - - - - 277 791 792 a a 793 U 794. a a 854 (( 855 856 66 214 848, 850 864 852 42 47 798 ■ C. u. c. 799 800 a 801 587 694 642 582 823 436 vice C. V. c. c. 437 438 989 860 ,784 596 899 1192 General Index. — (M. Continued.) Memorials for registration, Mercer. See Registration of Deeds,?&o., " Mor1;gage of Real Estate, " Real Property, transfer of, Mesne Profits. See Ejectment, . . - Middlesex, County of. Townships in, MiDwivEs. See Medical Practitioners, " Homoeopathy, - . ■ Mile Stones. " Joint Stock Companies, Militia, viz U. C. PAGE. « 881 « 867 " 903 « 305, 3H « 16 « 437 " 438 " 485 - G. Sedentary, - - _ _ Active or Volunteer, . - . General Provisions, - . . . Calling out, - . . _ Armament of Sedentary, . . - Billeting, ^., on Service, - . - Ofencex and Penalties, . . . Miscellaneous Provisions, . . - Militia Pensions, who entitled to, - Examination of claimants, Evidence to be produced by Widows and Children, Annual affidavits, - - _ . Gazetting orders for payment, &c., Mills and Mill Dams, obstructions by, Tolls for Grinding, Bags, how to be marked, - . - Mill Dam Aprons, .... Waste Gates, .... Passage of lumber — Small streams. Penalties, recovery of. Respecting certain weirs and dams in the Huron, ... On the Rivers Moira and Otonabee, Injuries by floods — time for repair of. Times for floating timber down streams. Actions for damage by overflow, and plea of right ac- quired before Plaintiif's I'atent, Mining Companies. See Joint Stoeic Companies, Minister of Finance, ... Minors may recover wages in Division Court, See Apprentices and Minors, " Unorganized Tracts, Misdemeanors — Prosecutions for, no imparlance, Time to plead or demur, - - ' - Judgment for want of a plea. Further time to plead — Bail — Traverse abolished, Crown, delays by in going to trial, See Criminal Law, Misjoinder. See Common Law Procedure, - Misnomer. " Common Law Procedure, Model Schools. See Common Schools, . . . Moira River, respecting certain weirs and dams on, Mortgagee of Lease. See Ejectment, _ . . Ejectment by, « « ... May purchase Equity of Redemption. See Common Law Procedure Act, u. c. 443 438 445 447 450 451 453 456 24 25 27 459 461 (( <( 462 County of {i 463 _ U (( . '* 464 _ (C (( f right ac- 465 - c. 730 - _ it 193 . U. C . 145 . <( 801 . a 1003 . <* 955 c. -u. c. 956 1013,1023 . 199 198 739,761 463 312 318 - « 241 General Index.— (M. Continued.) 119a Mortgages Absolute in law prior to 4th March, 1837, respecting See Limitation of Actions, ... " Chancery, Chattel. " Chattel Mortgages, .... Of Unpatented Land. See Heir and Divisee Commission, Of Real Estate, acquiring Equity of lledemptionwhennot a merger of debt. Now affected by sales and by subsequent incumbrancers, Priority by registration unaffected. Assignees Affidavit of Mortgage Account when sufficient. Executors, power to reconvey, . . . See Common Law Procedure, " Registration of Deeds, Municipal Institutions. ... Continuing Clause, . . - . - Names of Corporations, .... Governing Bodies, ..... New Municipalities, ..... To be Bodies Corporate, ... Police Villages, creation of, - Incorporated Villages, creation of. When lying in several Counties, how to be an nexed to one, - - - Additions to, Erection of Villages into Towns and of Towns into Cities, Provision as to existing County debts, What adjacent lands may be included in new Town or City, . . - - - Wards,— red ivision of Wards, . . - Liberties abolished, - - - Existing By-laws applied to extended limits. Liability to debts, &c., in certain cases continued ; Councils and Officers, do. - Withdrawal of Towns from jurisdiction of Counties, How effected, - - ' j i" Arbitrations as to County Claims and debts, - County property, - - ' ^- ' p . Townships,— (New) erection, union, and annexation ol, to adjoining County, - .'j^ ' (■United,) separation of— Gores attached to, - rNew ) may be united with existing Townslups,^ - Effect of separation of Counties upon Unions ol J own- ships, - " . " Seniority of United Townships, Counties (New) formation of, ;. Unions of, or with existing Counties, Name,-Seniorily of United Counties, - Laws applicable to Unions,— Venue m. Counties ("Junior :) „ • * j Provisional Council and Officers appointed. Gaol and Court House for, ^ ,, " r. 'i et^.l Saving as to Acts and authority of the Council of the Union, - " ' " " Debts of Union— Arbitration, U. C. PAGE. ■ " 875 " 57 - " 452 815 ti 867 868 a <( 241 894, 895 524 525 526 « 527 52& 52» « (I 530 531 532 533 u 1194 General Index.— (M. Continued.) Municipal Institutions. — Continued. u Appointment of Judge, Sheriff, Coroners, Clerks of Peace, and County Court, and Registrar, Registry Offi.ce, - . . . Proclamation declaring separation, - - - Venue as to lites pendenteSf ... Courts in. Prisoners in Gaol, _ . . - . On Bail on Gaol limits, . . - - When Council, &c. ceases to be Provisional, Counties and Townships (United) — Disposition of property on separation, .... Debts of Union — Debentures may be ■ issued > for pay- ment, and by whom, . . - . Existing Assessment and Special Rates for debts to w^hom to be paid. Councillors, Heads and Members, in Cities and Towns, Incorporated Villages, Townships, Counties, Police Villages, - - - Provisional — of whom composed, ... Qualifications of Councillors, ... " Leasehold," term explained, Disqualifications, . . - - - Exemptions, ...... Elections — Electors who, . . . - Place of, ----- - Eirst Election, time of, ... Subsequent, time and place of, - First in Junior Townships, ... By Wards, to cease on dissolution of union of Town- ships, ....... Where no Wards, . . . - Returning Officer, his absence, — a Conservator of the Peace, ..... Special Constables at, - Notice of, ----- - Voters' Lists — Poll-Books, ... Commencement and close of. Oaths, and Questions to Voters, Declaration of result, .... Casting Vote, ..... Return to Clerk, . - . . . Riots, ..--.. Mayors, Election of, - - - - - Qualification, Returning Officers, Poll, duration of — Poll Books — Return of to Clerk, - Declaration of result, . - - . Equality of votes, . . - . - Defective returns, .... Oath of Office, ..... Duties of, .... Councils, — vacancies how caused, and filled up, - Elections — refusal to elect, . . . - Contested, Quo Warranto — Personal service, Pleadings — Disclaimer, - - - - Judgment, ...-.- C. PAGE. « 533 " 534 535 a 536 it 537 <( 538 « ii (( 539 11 ii If 540 ti (( 11 li li 541 li « it 542 it it 543 544 It « 545 « 546 a (I a it it 548 549 it 550 551 552 « General Index. — (M. Continued.) 1195 Municipal Institutions — Continued. i Costs — Rules, - - . . Councils, first meetings, - - - . Election of Heads of — Casting Vote — Head to pre- side — May Vote, - - - . Subsequent Meetings, - - - . Resignation of Head or Members, Clerk, his appointment and duties, _ . - To make certain annual returns to Receiver General and County Clerk, . _ . . To Provincial Secretary, - - - - Chamberlain and Treasurer — Appointment — Securities — Duties. (See also 972), Returns to Provincial audit Board, in certain cases, Assessors and Collectors — Appointment — Qualification, In Junior Counties — Householder defined. Auditors, Appointment of — Disqualification of, - Duties of, Preparation and publication of abstracts of account, \ ~ ' ' ' Officers salaries — percentage and tenure of Office, Qualifications, forms of declaration respecting, Who to be made before — Certificate of, Oath — who may administer, .... Non acceptance of Office, penalty, Ofiences, Embezzlement by Officers, &c.. Stealing, &;c., Writs, Poll Books, &c., Provisions applicable to all Councils, Powers must be exercised by By-law, By-laws, authentication of, - Objections to by rate payers, Assent of Electors to, w-hen required. How ascertained. Proof of recitals when Governor's assent required, Proceedings to quash, - - - " Promulgation of certain By-laws, Notice to be appended, - - - " Quashed, liability for Acts done under, Tender of amends, - - - - Neglect to enforce, and offences against. Debentures, how executed— transferable by delivery, pleadings, - - " " Validity of, though negociated below par, - Councils not to act as Bankers, Not to grant monopolies— femes excepted, - Contracts with, by members of, - Mandamus, Costs of, - Executions against Corporations, - Debts, yearly rates for payment of, - By-laws creating and securing, provisions for re- payment. Assent of Electors to when necessary. Publication and notice of, To" Public Works, purchase of from the Crown, pro- visions for payment, - - - Government claims in respect of purchasing, Special rates, and sinking fund account, . c, . PAGE. fl 553 ti 554. ii " 555-6 a 555 n 556 11 ti ti 5.57 it 558 ti 559 a « ti 560 « « (( l It " 631 Oath of arbitrators, - - - - , « « When award to bind, mustrbe. adopted by By-Law, Costs,where not adopted. Filing evidence with Clerk, ... Awardr to be- by two arbitrators at least, and in writing, - ... Jurisdiction of Superior Courts respecting, - " " Pounds and Pound keepers, By-laws of Townships, Cities, Towns, and incorporated Villages respecting, " " Pounds and animals running at large, - - « " Animals at large— liability for damage by, - " 633 What may be impounded, where and how, - " " •Notice of impounding, when and how given, " 634* Who to provide food and shelter, • - " 635 Value of recoverable, - - - . « « Sales, how conducted and purchase money applied, " " -Appraisement of damage by fence viewers-^ap- pointment of, - . , - - " 635 Penalty for -neglect to provide food and shelter, " « Recovery of Penalties, - - - " Witnesses, application of Penalties, - " 637 Cities and separated Towns to be Counties in themselves for certain purposes, - - - « « Justice of the Peace, who to be ex officio Justices of the County, - . - - Oath and qualification of in Towns, - - « « Old commissions in new Cities, - . « . « Quarter sessions for Counties may be held in Cities, " " County Justices, no jurisdiction in Cities, - « « Nor as to offences against By-laws, &c., in Towns, " «38 Poss6— when Mayor may call out, - - - "^ "^ Administration of oaths, - - - " << « Police Office, .----- 632 1200 General lndex.-~(M. Continued.) Municipal Institutions — Continued. Recorders' Courts, . . _ - . Recorders and Police Magistrates, Salaries and Appointment, . - - - Clerks of, Recorders' Court, Sittings, - - - Juries in Recorders' Court. (See Jurors and Juries, 373,) ... - Costs and expenses in. Investigation respecting City grievances by Recorder, Recorder may be appointed — Division Court Judge — Salary — Deputy, .... Jurors and Witnesses — Corporation Officers, &c., may be when Corporation a party, Citizens exeflipt from certain Juries, High. Bailiff and Constables, their appointment, duties and suspension, .... Police — Board of — Number —Appointment — Regulations, ■Gaols — Court Houses — Houses of corrections and Industry, In Counties and Cities, ... Compensation to County for use of, by Town or City, Lock-up-Houses — Keeper of — Committal to. Houses of Industry and Refuge, do. do. Work houses, do. do. Care of Gaols and Court Houses. (See also 995,) Perjury, Interpretation, Saving Clause. (See Interpre- tation Act, fi), . - See Assessment of Property, " Ferries, .... " Common Schools, _ - . " Joint Stock Companies, " Mutual Insurance Companies, Municipal Loan Fund Debentures, redemption of, Municipal (^Consolidated) Loan Fund, viz : Purposes for which money may be raised, Submission of By-laws to Electors, And to the Governor, - - - - - Issue, (^c, of Debentures, - - - - - Accounts, payment by Municipalities, - Sinking Fund, ..--.. Yearly rates to meet debentures, - - - . Proceedings in case of default of payment, Miscellaneous Provisions as to restraining future loans, and providing for rates in cases of default of payment. Special indemnity to U. C, respecting Seigniorial Com- inutation, . - _ . . Municipal (and other) Debentures, Registration, SfC, Municipal Matters, viz : Public meetings calling and holding, . . ■ Consolidated Municipal Loan Fund, Municipal Debentures, Registration of, - Roads and Bridges in Cities, Towns, SfC, Tolls, exemptions from in certain cases, . . . Firemen, exemptions in favor of, - Fire, Investigation of accidents by, . . . Municipalities, when to render accounts to be audited, u. c. . PAGE, it 638 it 639 i( « ii u i< 640 6i u 641 « 642 u a ii ii ii 643 it 644. ii ii u a ii 645 a 646 ii 647 ii It ii 648 a 649 li 456 a 728 ii 467,493,500 a 503 c. 191 ii 907 ii 908 ii 911 it 912 ii 914 ii 915 » (6 « 918 ii 919 to 928 ii 928 ii 929 ii 899 ii 906 ii 929 ii 937 ii 938 ii 939 ii 940 ii 205 General Index.^M. Continued.) 1201 Municipal Institutions. — Continued. Statistical returns to be made by, - - - - Murder {Criminal Law), - * - Murderer Rescuing of, a capital offence, - - - u Mutual Insurance Companies, - - . . Formation and Incorporation of in Municipalities and Villages, ---... Number and amount of subscriptions to warrant, Name, lands of, ----- - Hazardous and non hazardous departments. First Meeting, --.... Number of Applications necessary before any Policy issued. Who may insure in, .... Promissory Notes of Members, return of, cash premiums. Who to be Members, . - . - - Seven years limit of insurance, . . - . Estate of insured to be stated in Policy, Double Insurances, ..... Policy void on alienation of insured property, - Guarantee Capital, ..... Division of Profits, . _ . - . Alteration of insured premises, - - . . Management of Company, .... Directors, President, . . . - - Election of, qualification of voters. Bonds of Director, Treasurer and Secretary, actions on, Duties of Board, . . - - - Investment of Capital, .... Calls, ...--- Payment of losses, &c., by debentures, &c., - Not to be Bankers, .... Assessing Members, - - - - - Making By-laws, ^- - - - - General Meetings, . - - - - Losses, Payment of, . . - - Lien of Company for, . . _ . Arbitrations, &c., as to amount, - - - Execution against Company, - - - - Proof of Losses, - - - - - Compelling payment from members. Ornamental work, - \t " Provision if Losses exceed deposit Notes, Evidence of Members, - - - - N. NATURALIZATION of Aliens, Navigation, i^^ ' ^ . , „ , Jiegistration of Inland Vessels, Ship Building encouraged, Seamen, to prevent desertion of, Jlegulated— Lights— Signals, ^., Steamboats, Inspection of, - Namgation in certain waters. c. PAGE, u 412 «J 952, 1013 \ 1030 .c. 931 a 503 u (( u 504 a « u tt a 505 tt (( li ti It tt li 506 « (C ti u li u a 507 it (( « 508 <( tt » tt tt tt tt 509 tt 510 tt 511 tt tt tt 512 « a (C a tt ti tt ti 513 514 it tt tt 515 it it it tt C. 154 « 535 « 548 « 550 « 552 to 557 « 558 " 552 u. c. PAGE, 278 209,273 20, 530 951 (C It 1202 General Index. — (N. Continued.) Ne exeat Provincia, Writ of. See Chancery, New Assignments. See Common Law Procedure, New Townships. See Municipal Institutions, New Trials and Appeals in Criminal Cases — Grounds for, By and to, what Courts, . - - - When Judgment final, ... Powers of Courts, . - - - - - " 962 Effect of granting New Trial, - . . « « General Rules, ... . . « « When and how Writ of Error issuable in criminal cases, " 963 Judgment thereon, - - - - . « « Interpretation, - - - . - . « « See Common Law Procedure, Nisi Prius. " Assizes, ..... Records. See Common Law Procedure, Nolle Prosequi. See Common Law Procedure, NoN Joinder. " do do do NoN Resident Land Fund. See Assessment of Property, Norfo]k,^County of — Townships in, - - - Normal SchooK See Common Schools, Northumberland, County of — Townships in. United with Durham, - ... Notary. See Bills of Exchange and Promissory Notes, - Notes — Promissory. See Bills of Exchange and Promissory Notes, -.-... Protesting for non payment, ... Notice of Trial. See Common Law Procedure Act, . u, Nuisances — Public. See Municipal Institutions, Numbering Houses and Lots. See Municipal Institutions, o. OATHS, who may administer. See Interpretation Act, " Surrogate Act, - " Mutual Insurance Com- panies, " Municipal Institutions, Offences against the State, " Criminal Law, - , " Person, " " - " " and property. See Criminal Law, Offenders, Fugitive. See Fugitive Offenders, (c. 945,) Official Notices, how to be given, .... Oil, (Fish and ) Inspection of, - Ontario, County of. Townships in, - - - Orchards. See Joint Stock Companies, . . _ " Municipal Institutions, ... Ordnance Lands, transferred to the Province, ... Ornamental Trees. See Municipal Institutions, Otonabee River, respecting certain weirs and dams on; Ottawa, a County for certain purposes, separate from Carleton, Outlawry, - - - - - Proceedings in Criminal cases and forms, - K 232,234 (( 41 a (228,231, I 234 {I 253 a 199 u ( 650, 679 I 682 It 16 « 758, 761 « 11 tt 18 tt 445 tt 445, 440 c. 681 f. c. 228 (( 600,612 (f 604 U. c :. 6 i( 97 « 514 « 638 C. 946 « 952 (t 961 v.c. 229 C. 185 tt 624 V. c. 13 tt 469 tt 614 G. 292 u. c. 590 « ,464 (( 18 K 116 ' l< 951 General Index. — (0. Continued.) 1203 U. C. PAGE. 952 OvT-LK-w^Y— Continued. Writ of Exigent, - - . . . ^'u ^^^ Of Proclamation, - - - . . « 953 In case of Treason, ---..« 954 Judgment of Attainder, Reversal of, - - . « 955 See Quarter Sessions, - - "116 " Criminal Law, - - - " 931 Oxford, County of, Townships in, - - - "16 Oyer and Terminer. See Assizes, - - - - « 41 « in Pleadings. « Common Law Procedure Act, " 202 PARDON. Criminal Law, - - - . - C. 1033 Parliament Provincial, Provisions affecting both, Houses, - "19 Disqualification of Members, - - - . « « Resignatimt, - ----"21 Particulars of Demand and Sett oiF— See Division Court, u. c. < :?:' ' I 151 See Unorganized Tracts, - - " 1005 " Ejectment, . . . « 302 " Common Law Procedure, - - " 188 *' Distresses for small Rents and Penalties, " 984 Parties may be witnesses when. See Witnesses and Evidence, " 402 Partition and Sale of Real Estate. Interpretation, - " 857 Real Representatives, who to be, - - - " 858 Voluntary Partitions to be by Deed, - - « « Who and how compellable to make Partition, - . « <« Petition for, or for sale, and parties to, _ . « 858 Guardians to be appointed for Minors, their Securities, - " 859 Respecting Mortgages and Judgments aiTecting the lands partitioned, - - - - - « « Service of Petition on parties, - - - - " 860 Allowance of Petition and subsequent proceedings, - " " Partition by Appointees of the parties, - - . « « Pleas to the Petition and trial of issues raised, - " 861 Proof of Title, " " Declaration of right, - - - - - " " Partition to be made by Real Representatives, and how, " " The Report — how proved, filed and confirmed — on whom binding, "862 Sale instead of Partition, and securities for unpaid pur- chase money, - - - Incumbrancers to be made parties in such cases, - " 863 Application by part owner for payment of his share, " " Payment of incumbrances, . - . « 864 Estate may be sold free from Curtesy, Dower or Life Interest, " " j " ' Satisfaction of such interests, how made, - " " Where married women a petitioner, - - . « « Valuation of Incohate Right of Dower, - - '^^ " Notices of Sales, - - - - " " ^^^ Conveyances and their registration. Application and investment of purchase moneys, Apportionment of costs and order for payment, - Registration of Order, . - - xxx2 . « 866 1204 General Index.— (P. Continued.) Partition and sale of Real Estate — Continued. Certiorari, removal of petition by from County Court, Equitable interest — Partition of to be made by Court of Chancery alone, - . . - . Publication of unclaimed moneys, &c. Jurisdiction of Court of Chancery in partition matters, Rules — Fees, ..... See Chancery, _ _ . " Real Estate or property, - Partners, actions against Executors of deceased Partner, Claims against. See Division Court, Partnerships limited, -.-.-- Patent. See Letters Patent, ... Patents for Inventions, Designs, Sj-c, viz : Wlw may obtain and fiow, ... Assignments, interfering, applications. Extension of, - . - . . Amending and repealing, . - - . Rights and Duties of Patentees, . . . Fees — Patents under former Acts, SfC, Pawnlirolcers aud Pawnbroking regulated, ... Payment into Court. See Division Court, Payment, Pleas of. See Common Law Procedure, Pedlars. See Municipal Institutions, ... Peel, County of, Townships in, ' - United with York, ..... Assizes for, respecting, ..... Penalties. See Imprisonment for Debt, Appropriation of in certain cases, . . _ Small, Distresses for. See Distresses, Penitentiary, - . . . . . Government of, ..... The Prison and appurtenances, . - . . Convicts their conveyance to and reception in, 'Ireatment of Convicts, . - . . . Officers — Warden and Deputy Warden, Chaplains — Physicians — Clerk, - . . . School Master— Storekeeper — Clerk of the Kitchen, Overseers — Keepers — Guards, . . . . Salaries — Prohibitions — Exemptions, - - - Securities — Architect — Visitors, . . . . Expenses — Provisions — Arbitrations, ... Vessels — Boats— Liquors— Letters, - - . . Privileged Visitors, ..... Coroners Inquests, disposal of deceased Convicts — Punish- ments, ...... Questions to Convicts — Female Convicts, Military Convicts and Insane Convicts, Pensions, Militia. See Militia Pensions, Pensions on Civil List,- - - Perishable goods, seizure of. See Division Court, " Absconding Debtors, Perjury. See Interpretation Act, ... " Surrogate Act, ... " Division Courts, .... " Municipal Institutions, u. c. PAGE. 866 « 866-7 55 838, 902 807 149 689 183 G. V. 0, G. u. c C. u, C. u. c 420 423, 424 424 425, 427 428 431 693 . \m 206,207,211 596 13 18 42 277 970 982 1031 ■ 1177 1178 ' 1179, 1180 ' 1180 ' 1181,1185 ' 1186-7-8 ' 1188-9 ' 1190-1 ' 1191-2-3 ' 1193-4 ' 1194-5 « 1195-6 ' 1196 ' 1197 ' 1198-9 < 1199 c. 23, 27 167, 168 175 291 6 97 153 648 General Index.— (P. Continued.) 1205 Perjury — Continued. False affidavits made out of Canada, See Criminal Law, Permament Building Societies. " Building Societies, Person, Offence against the. " Criminal Law, Personal Property. « Chattel Mortgages, Perth, County of, Townships in, Peterboro, County of. Townships in, - - - United with Victoria, . . - Petit Juries. See Jurors and Juries, ... Petition for Protection. See Insolvent Debtors' Court, " Married Women, &c. Petty Trespasses, what act amounts to a trespass — Penalty, Arrest of Trespasser — Summary Convictions, Physic and Surgery, practice of, . - . Physicians. See Medical Practitioners, ... " HomI 534 (( 98S C. 827 V. 0. . 72 ({ 93 , it 402 C. 1008 u.c . 49 u 78,81 ii 147 ii 68 . a 117 ii 98 a 276 a 945 , a 186 a 37 ii 953 ii 223 a 202 General Index.— (P. Continued.) Professions. (See U. C. 406 to 440.) Law, practice of, - - - Physic and Si'n-gery, - - - - - Surveyors of Land, ------ Promises, when must be in writing, - . . Promise at full age to pay debt contracted in infancy, Promissory Notes. See Bills of Exchange and Notes, Do. Property and person, offences against {Criminal Law,) Maiidous Injuries to, " - - Prosecutions in cases of Misdemeanor. See Misdemeanors, Protector of the settlement. See Estates Tail, - Protestaj^t Separate Schools. See Separate Schools, Provident Associations. See Charitable Associations, Provincial Lnnatic Asylum. See Lunatic Asylum, - Provincial Stock, ------ Agents, ------ Provisional Councils. See Municipal Institutions, Public Accounts, Fee fund accounts are. See Fee Fund, Buildings. See Upper Canada Building Fund, Documents. " Documents, - Health. " Health, Public, - " Municipal Institutions, Highways. " Highways, - - - Instruction — Council of. See Grammar Schools, " Common Schools,, - Lands. See Heir and Devisee Commission, " Trespasses to Public and Indian lands. Morals. " Municipal Institutions, - Nuisances. " " " - " Wells and Eeservoirs, " « - - . Works — Government claims in respect of— Sale of, See Municipal Institutions, Public accounts how to be kept, - - - " And accountants, ---""' Audit of, - - - Accountants, liability of, civilly, - - " Bo criminally, - - " Public Departments Revenue and Property, Moneys, Debts and Accounts, Health in case of Epidemies, Sfc., - - Inoculation, - - - ' Quarantine, " . " Public Lands Sale aud Management of, viz : Commissioners aud Officers of the Department, Orders in Council for carrying out the Act, Free Grants Limited, Sales, Licences of occupation, Fcrrfeiture of claims, - - ' ' Patentsissued in error, - - - Miscellaneous Provisions, Licenses to cut Lumber on, - - - ' Penalty for cutting without Licence, Ordnance Lands transferred to Province, 1207 C. PAGE. a 858 iC 860 it 862 U.C, .450 a 451 a 940 C. 681 (I 961 t( 980 u. c, . 9n5 (t 842 244, 245 « '292 « 326 (( 333 et 282 ii 353 «I i 684, 685 ( ) 675 ii ' 977 ii 987 il 1019 ii 933 ii 456 c. 548 ii iC ii 548, 550 V. c . 583 a 598 it 905 a 911 a 5 a 2 a 92 a 114 a 176 a 259 ii 301 a 386 ii 649 ii 687 a 768 ti 951 it 1021 it 590 it ii ii 12 c. 187, 188 V. c, . 940 it it It 940, 941 ii ii ii 798 ii 688 ■ C. 801 u. c. 982 J216 General lndex.-~(S. Con%Tied.) Small Pox, Inoculation forbidden, - - - Smuggling. See Customs, . . _ . Snow, removal of. See Municipal Institutions, Societies, Religious. See Religious Institutions, Soldiers, assisting to desert, - _ - - Sole Leather, Inspection of, viz ;„ Examiners and Inspectors, - . . . Mode of Inspection, Qualities, . - _ Offences and Penalties, . . . . Solicitors. See Attorneys at Law, ... Speaker'' s Salary, fixed, - - . . . Special Case, See Common Law Procedure, " Ejectment, - - . . ^''- Awards in form of, - . . . Special Bail. (See Bail,) - . _ . Special Juries. " Jurors and Juries, ^ •'■■' Constables, Appointment and Powers, - . . Specific delivery of Chattels compellable. See Common Law Procedure, - - . _ Performance. See Mandamus, Stabbing. Criminal Law, - - . . State, Offences against the, - - . . . Statistics, and Registration — Board of, - - !»ti<- Census, - - . . . Statistical Return from Municipalities, - - . Statutes for Upper Canada, See Consolidated Statutes, Statutes of Englapd specially mentioned, 11 Henry 7, c. 20, only partially in force, 21 Henry 8, c. 5, not in force in IJ, C. as to part, 1 James c. 17, do .do 22, 23 Charles 2, c. 10, do do - . 29 Charles 2, c. 3, s. 17, i^ force, - 8, 9 W. 3, c. 11, in force, - - 14 G. 2, c. 17, not in force in Upper Canada, 15 and 17 G. 2, do (as to small notes,) Criminal of England to be the Law of Upper Canada, Statute Labour. See Municipal Institutions, " Assessment of Property, " Trespasses to Public and Indian lands, « Firemen exempted from. Statute of Limitations. See Limitations, Statutes, Provincial, form of enacting. Interpretation of - - - . . Distribution of, - Proof of, ----_. Stealing Horses, Cattle, SfC, - _ . _ Steamboats, - - - - Inspection of, and safety of Passengers, Inspectors and Inspection, - . . . Precautions against Explosion, - . , « " Fire, - . . . Stipendiary Magistrates. See Unorganized Tracts, Stolen Goods, restoration of. Criminal Law, Stormont, County of. Townships in, - United with Dundas and Glengarry, c. PAGE. _ « 517 u 234 V. c. . 604 a 780 . '« 936 c. 630 . « 632 il 634 - U. , 411 C. 168 - u. c .216 u 305 . « 218 « 191 _ « 365 C. 1133 7 ' U, C, .250 u 274 ■ c. 953 it 946 _ « 406 u a . « 412 u. c. 1 ti 31,252 _ <( 841 « 108 u ii « ii . « 452 « 215 - «< 233 h)" 440 (( 928 ii 616 _ « 667 u 823 c. 940 - 17. C. c. 26 . « ii (( 32 _ ii 33 ii 965 . « 558 ii a . « a ii 561 _ ii 562 U. .998 -C. 1028 u. c, 8 ii 18 General Index. — (S. Continued.) 1217 Sthangers, Graves for. See Cemetery Companies Streams. See Rivers and Streams, - - . Obstructions to, preventing. See Municipal Institutions, Strychnine, Sale of. See Criminal Law, Summary Convictions, - . . . . Appeals from to Quarter Sessions, proceedings. Bail of Prisoner — Jury — Abandonment of Appeal, Offences against By-laws, ... Interpretation, ..... See Fees and costs, " Rivers and Streams, " Master and Servant, " Apprentices and Minors, - " Petty Trespasses, " County Attorney, Summary administration of criminal justice in certain cases, Tried of Juvenile offenders, ... Summary convictions and orders by Justices of the Peace out of Sessions, ... Summons, see writ of, - Sunday. See Sabbath. Superior Courts of Law. (See also 274, 275,) Names of — Jurisdiction, Where held, .... Judges of, - Their Oath, . . - . Practice Court, ... Chambers, .... Tenure of Office — Removal— Salaries, Travelling Expenses, Retiring Annuities, Terms of— Return days, When Judgments delivered. Trials at Bar, - ' ^, ,' Clerks of Crown, and Process Clerk, Assistant Clerks, County Court Clerks ex officio Deputy Clerks of Crown, " Salaries, - - - " " - " Fees, — Securities, . . - . « Office of— Duties, - - - - - " Accounts of Deputy Clerks to be submitted to County Attorneys, - - - - - " Clerk of Chambers, who to be, . - - « Anneals from. See Error and Appeal, - - Annpals to from County Court. See County Courts, i^rrFund in aid of Law Society. See Law Society, - SuperintSknxs (Local) of Schools. ;; Common Schools, (Chief) of Education. « Lunatic Asylum, SlTlndian Department to be Magistrates, Surgeons. See Medical Practitioners, feURGEONh « Homceopathy, ^serv and Physic, Practice of ^ur^ciy p^j^^ Pronertv Surrender. »ee yyY u. c. PAGE. K 95 u 96 (i 97 u (( » it <( 98 le ti ti 99 u 100 u tt « 101 « « « it <( 102 « it a 103 (i 104 li it a a ti 105 tt it it li it 106 <( tt it it 107 108 109 it ti it it 110 111 it a tt 112 113 « ti tt ti a (C it It it 408 795 914 C. 862 It tt 915, C.874 « (( it General Index. — (S. Continued.) 1219 SuRVET of lands. — Continued. Concession lines, perfecting Surveys of, and costs of. Descriptions in Patents, &c., if different, to be controled by Government Survey, Contents between Corner posts, ... A parcel if described as so many acres, and also as a specific part of a lot, latter descriptions is to govern, Road Allowances in Government Surveys, Surveys by Owners to be original Surveys in certain cases, Course and direction of side lines of lots, - - - Front of Concession what is, - Side lines in broken Concession, - - - . Centre lines of Concessions, - Where only alternate Concession lines have been run, Patent descriptions to yield to Survey, Running side lines when governing lines cannot be ascertained, - ... Case of lost Monuments, . - - - . Side lines of original Survey, ... Private Plans, — Allowances for roads on, Alteration of such plans, ... To be drawn by authorized Surveyors and Registered. (See Registration of Deeds, 900), Certificate of correctness by Surveyor and Owner, Certified copies of. Evidence, . . , Registrars' duties, respecting, . . - Penalty for neglect to Register, ... Penalties, their payment and appropriation, - When no plan of unincorporated Village Registered, Township Council to cause one to be Registered, Land surveyors to keep accurate notes of Surveys, May administer oaths in certain cases, - Writing and attesting evidence taken. Filing such evidence, &c., in Registry Office, Fees, Perjury, - - - Ejectment, allowance for improvement and costs to Defen. dant in certain cases of, - - - - Boards of Examiners, - - - " Who may 'practise, - . . - . Who may be admitted to practise and how, Standards of Measure, Chain Bearers, Special Provisions as to Surveys in L. C, Do do do U. C, [See Survey of Lands U. C. pp. 914 to 927, Ante same clauses.^ Penalties for removing Boundary Marks, - Tariff of 'Fees, - " u. c. PAGE. 916 - « 917 « u 918 920 « 921 922 a 923, 925 <( u 924, « 92& ti 926 C. 862 863 86S 87a 874- 887 TACKING. See Registration of Deeds, rp „ « Estates Tail, - - - Tavern Licenses. See Municipal Institutions, « Keepers, Provincial duty on, Taxation of costs. See County Court, - ■^■* « Common Law Procedure, « Attorneys at Law, - - u. c. 894 (f 839 _ it 583 C. 277 - u. c. . 81 « 256 . ti 419 J 220 General Index.— {T. Continued.) U. C. PAGE. Taxes, what property not liable to. See Assessment of property, « 651 " Cemetery Companies, A primary lien on lands. See Assessment of Property, " Heir and Devisee Commission, ' On Indian Lands. See Trespasses to Public and Indian Lands, " Teachers. See Grammar Schools, . . - " Common «... Telegraph, (Electric,) Companies, . - . Temporary Judicial Districts. See Unorganized Tracts, Tenants in common, ejectments between. See Ejectment, - " Real Estate, Tenant to give certain notices to Landlord, &o., See Dower, - . - - Tender, plea of. " Division Court, - - - . " Actions against Magistrates and others, Terms. See Superior Courts of Law, - - - Territorial Divisions, — Counties, — United Counties, and Townships, .... Timber on Public Lands, .... Transmission of, dovm Rivers, SfC, Companies for, Inspection of. See Lumber. ' Timber, respecting the floating of. See Mills and Mill Dams, u. Time, when first and last days both included. See Common Law Procedure, - . - - . County Court, periods to be half Superior Court, in Term, Tithes in Upper Canada — Prohibited, ... Tolls. See Joint Stock Companies, " Municipal Institutions, - - - . Exemption from, on Roads, ... Toronto, City, a County separate from York for certain purposes. University. See University and Colleges of Toronto, Power of University to lease 50 acres to for a Park, Towns. See Municipal Institutions, Town Causes — What are. See Common Law Procedure, Towns and Townships, how property in, to be assessed for rates. See Assessment of Property, Townships — Names of, and in what Counties embraced, Bounded by certain Lakes and Puvers, limits of, - Certain Islands — exception ol, New — how constituted and laws applicable to. See Municipal Institutions, Annexing small Gores to. Annexing small Gores to, - - Trade and Commerce, viz : Navigation, - . . . - Inspection Laws, - - - - - Grain, Ftilse and Seeds — Standard weights of. Incorporated Banks, - - ■ . . Freedom of Banking, .... Savings Banks, ..... Promissory Notes and Bills of Exchange, - Interest and Usury, - - . - Protection of Assignees of Agents, - - - Limited Partnerships, ... - a 777 i( 672 i,« 814 i, " 823 a 721 a 748 c. , 797 u. c .997 (1 307 . " , 830 i< 311 u 325 il 150 « 993 u 36 it 7-20 c. 2>^8 u 801 u. c, .464 « 258 i( 259 a 774 a 478, 496 a 617 c. 938 u. c, , 18 « 703 a 714 u 526 11 233 it 652 (< 8, 17 a 18, 19 (I 19 ti 20 ti 530 u 20, 530 c. 288 (I 535 a 558 a 643 it 644 li 647 a 666 a 681 « 682 (1 684 a 689 General Index — (T. Continued.) 1221 Trade and Commerce — Continued. - . . C". page. Pawnbrokers and Pawnbrohing, - . . « 593 Fisheries and Fishing, - . . . « 704, Joint Stock Compagnies, - - . - " 719 Training. See Drilling and Training Unlawfully, - -u.c. 935 Transfer of Real Property. See Real Property, Transfer of, " 902 Transportation, returning from. See Criminal Law, - 552 548 u. c, : 991 <( 305 tt 12 it 18 a 587 it 503 ; 526, 582 609 « 652 w. WAGER of Law. See Common Law Procedure, . Wages, Minors. " Division Court, " Apprentices and Minors, " Unorganized Tracts, War Department — Imperial — Lands held by, viz : Transfer — and Power of Department, Acquiring lands, - - - Payment of purchase moneys, SfC, Suits — Deeds, if c, ..... Schedule of Lands, Vested in, - - - Wardens of Counties, &c. See Municipal Institutions, - " Assessment of property, " Common Schools, Wards of Cities and Towns. " Municipal Institutions, . In Townships. " " " Warehousing goods for duties. See Customs, Spirits and Beer. " Eaxise, Warranty. See Ejectment, - Water Companies. See Municipal Institutions, See Joint Stock. Companies, Water-courses. See Municipal Institutions, " Fences and Water-Courses, Water- Works construction by Municipalities. See Munici Institutions, . - - . - u. c, ,204 li 145- it 801 a 1003 - c .459 " 465 « 469 i{ 473 it 477 U. C. 537 681 (C 7.50 a 527, 542 , - *' 591 c. 229 it 272 u. c. 319 ii 590, 605 C. 732 - V. c. 593, 612 it 689 pal 605 1226 General Index.— (W. Continued.) Waterloo, County of, Townships in, Wats and Waters, rights of. See Limitations of Actions and Suits, - _ - - - Weapons, offensive, carrying, . - . - Weeds. See Municipal Institutions, - - - Weights and Measures, Standard, custody of, Copies of, for Municipalities, ... Inspector of — Appointment — Oath, Duties — Attendance — Fees, ... Number of pounds to the bushel, - - - Penalty for using unstamped Weights and Measures, Inspectors may examine, - - - - Seizure and Forfeitures, . - - - Refusals to produce. Recovery and application of penalties, Forgery or sale of forged stamps. Inspector stamping without comparisons — Penalty, Resignation or removal of Inspector, - . Actions for recovery of Standards — Appeals, See Municipal Institutions, Wdghts and Measures, - . - - - Weirs, See Rivers and Streams, - - - Welland, County of, Townships in, - - Wellington, County of. Townships in. Respecting certain rail and other roads therein, Wells, Public. See Municipal Institutions, Wentworth, County of. Townships in, - Wharves. See Joint Stock Companies for, &c., " Municipal Institutions, Wife. See Married Women. Wills. See Surrogate Courts, ... " Registration of Deeds, &c., - " Chancery, - - - - " Witnesses and Evidence, " Real Property, - - . - Witnesses and Evidence, .... Affirmation instead of oath allowed in certain oases, Persons to administer, - - - Crime or Interest, no disqualification. Plaintiffs and Defendants when examinable, Certified copies of Public Documents, Proof of wills of real estate, . . - Home or Foreign Probates, ... PrimAfade evidence what sufficient. Powers of County Courts to issue subpcenas, Payment of Witnesses, ... Subpcsna or notice to opposite party, Effect of non attendance, ... Where party abroad,- — Commission may issue, Refusal of party to attend upon Subpoena, effect of, Witness need not criminate himself, - - . " " Commissioners to examine Witnesses, - . « 405 U. 0. PAGE, . u 13 878 G. 954. X. c. .590 . « 694 u 695 . tl » u 696 . « K i( 697 t< ie ec (( . « tl <( li a 698 (C « « a « u (( 594, G. 642 V. c .459 « 17 . « 13 l< 626 . « 599 « 17 » 466, 492 (( 598, 613 ff \ 93, 96, 104, 105,111 ii 891 . « 51 « 402 . « 831,837 « 401 . '< « - « (I _ (C (C _ « 402 _ (f (( _ « (C . " 403 (C » . « 404 « a . « « u tl « (C (f « General Index.— (W. Continued.) 1227 Witnesses and Evidence— Continued. yVhen and by whom Commission issued, See Joint Stock Companies, Mutual Insurance Companies, Bills of Exchange and Promissory Notes, Building Societies, - - - - Trespasses to Public and Indian lands, - Sabbath, Profanation of, - Grand Jury Witnesses, - - - Fees and Costs, - . . . Insane Destitute Persons, ■ - Distress for Small Rents and Penalties, Inquests by Coroners, - - _ Gaols, - . . . - Unorganized Tracts, - - - Chattel Mortgages and Sales, Ferries, ----- Municipal Institutions, _ - - Assessment of Property, Fences and Water-courses, Marriage, - - - . Survey of Lands, - - . - Heir and Divisee Commission, - Witnesses and Evidence in Civil Cases may be summoned from any part of the Province, - - - - See Criminal Law, Wolves, destruction of — Certificate of, and reward for. Who to pay, ------ Certificate a legal tender for rates, Women, Married. See Married Women, Woods, Roads passing through. See Joint Stock Companies, " Municipal Institutions, Wooden Buildings. See Municipal Institutions, Work Houses. Do do - - Wreckers. See Criminal Law, . . . Written Promises. See Limitations — Promises, Writs. See Common Law Procedure, -u Of Summons. Do Do do do Of Capias. See Imprisonment for Debt, Of Mandamus and Injunction, . - - - Of Arrest, or ne Exeat. See Chancery, - - - Of Attachment. " Attachment, - Of Sci : Fa : " Common Law Procedure, - Of Fi : Fa : and Ven : Ex : « Chancery, Of Sequestration. " " - - Of Error. See New Trials' and Appeals in Criminal Cases, The Queen's, run into Unorganized Tracts, - See Common Law Procedure, See Common Law Procedure, - Of Revivor. J)uties of Sherifis and Coronersres pecting . c . PAGE. ti 405 ii 488, 502 u 515 a 446 » 518, 520 (( 821 « 945 (( 957 n 974 « 982 (( 983 a 988 a 996 « j 1004,1008, } 1006 (( " 455 a 458 " 565, 637, 642 u 671 « 693 « 790 « 924, 926 it 811 C. 890 li 1026 . c .700 i( (6 11 701 it 791 it 468 it 617, 622 (( 603 ti 0. 647 958 c. 450 (( 186 ( 194, 187, " < 258, 288 267, a , 190, 244, 260, 267, t( 276, 279 n 274 it 278 a 279, 286 u 251 u 280 u 281 u 963 (( 1017 ti J 214, 251 268 238, 245 2228 General Index. Y. u. c. .pageJ YORK, County of, Townships in, - - - " 12 United with Peel, « 18 Assizes for, respecting, - - - - "42 Clerk of County Court, respecting, - - - " 81 Matters triable in County Court of, not to be brought before Superior Courts without leave of a Judge, - " 254- Jury List for, - - - - - "348 CORRECTIONS. The Corrections mentioned below may be made with a Pen in the proper places. Page 1, c. 1, should refer to 22 V. c. 30 (1859) passim, « 31, s. 2, add reference to 8 V. c. 13, s. 38. « 52, s. 30, the reference should be to P. 278, s. 9. « 81, schedule, refer also to 20 V. c. 58, ss. 19, 23. « 82, s. 32, in the table c. 99 should be c. 90. " 85, s. 40, refer to 16 V.c. 119, s. 5. " 89, s. 60, add s. U, to 20 V, c. 59. ■ " 162, s. 155, reference to s. 6 should be to s. 60. « 180, s. 1, add s. 60 to 8 V. c. 13. " 181, s. 3, dele reference to 20 V. c. 59, s. 27. « 191, ss. 29, 30, reference should be to 19 V. c. 43, s. 22, not c. 49. « 280, s. 18, « " 22 V. c. 33, s. 11, (1859). " 328, s. 14, " " also to s. 9. « 333, s. 7, dele 9 V. c. 56, s. 5, and refer to 7 V. c. 30, s. 5. « 426, s. 6, " 20 V. c. 5, ss. 20, 21. « 438, c. 41, should refer to 22 V. c. 47, (1859), passim. " 697, s. 16, dele reference 3 V. c. 17, s. 3. " 698, s. 21, refer to 3 V. c. 17, s. 3. « 699, s. 27, reference should be to 12 V. c. 85, s. 14. " 725, s. 25, No. 8, « « 16 V. c. 186, s. 11, No. 5. « 733, s. 27, No. 2, « " 13, 14 V. c. 48, not c. 18,-16 V. c. 185, note. 182. ti 790 s. 12 " " 20 V. c. 66, s. 3 and 7, not 37. « 852', s. 5, 2nd line, dele 2nd " or". « 854, s. 2, reference to 2 V. c. 6, s. 1, should be s. 2. " 862, s. 22, add s. 8, to s. 7 last reference. " 883 s. 11, reference should be 22 V. c. 99, s. 50, not c. 95. " 904, s. 10, " " 12 V. c. 71, not c. 7. " 936, ss. 5,6, " « lV.,not3V.