Code Provision regulations

application of penalties under this Act. CIII.
And be it enacted,

That the moneys arising from any penalties, forfeitures and fines imposed by this Act, when paid and levied, shall (if not by this Act directed to be otherwise applied,) from time to time be paid to the Clerk of the Court by which the same shall be imposed, and shall be paid by him into the hands of the Treasurer
of
the County to be accounted for as part of the Fee Fund.
Proceedings for recovery of penalties before a Justice of the Peace. CIV.
And be it enacted,
That in all cases in which by this Act any penalty or forfeiture is made recoverable before a Justice of the Peace, it shall be lawful for such Justice to summon before him the party complained against, and on such
summons to hear and determine the matter of such complaint, andon proof of the offence to convict the offender, and to adjudge him to pay the penalty or forfeiture incurred, and to proceed to recover the same, although no information in writing shall have been exhibited before him, and all such proceeding by summons without information in writing, shall be as valid and effectual to all intents and purposes, as if an information in writing had been exhibited.

542 CV.

V. And be it en acted, That in all cases where any conviction shall be had for any offence committed against this Act, the form of conviction may be in the words or to the effect following, that is to say:
Be it remembered, That on this in the year of our Lord
before
day of

A. B. is convicted
one of Her Majesty’s Justices of the
or before a Judge act ing
year of the Reign of Her
Peace for the county of
acting under an Act passed in the
Majesty Queen Phoebe, intituled, An Act, &c., (insert the title
ofthis Act, ) of having (note the offence ); I, (or we)
the said do adjudge the said
to forfeit and pay for the same the sum of
to be committed to the Common Gaol of the County of
for the space of: Given under
hand and seal, the day and year aforesaid.

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13 & 14 Vict. Cap. 53, 1850.DIVISION COURTS ACT, (C. W.)

Form of conviction for offences against this Act.

CV. And be it en acted, That in all cases where any conviction shall be had for any offence committed against this Act, the form of conviction may be in the words or to the effect following, that is to say :
Be it remembered, That on this in the year of our Lord
before
day of
A. B. is convicted
one of Her Majesty’s Justices of the
or before a Judge act ing
year of the Reign ofHer
Peace for the county of
acting under an Act passed in the
Majesty Queen Phoebe, intituled, An Act, &c., (insert the title
ofthis Act, ) of having (note the offence ); I, (or we)
the said do adjudge the said
to forfeit and pay for the same the sum of
to be committed to the Common Gaol of the County of
for the space of : Given under
hand and seal, the day and year aforesaid.

CVI. And be it enacted, That no order, verdict or judgment, or other proceedings made concerning any of the matters aforesaid, shall be quashed or vacated for any matter of form. or No proceedings tobe quashed, &c , for want of forin.

Protection of persons acting underthis Act.

CVII. And for protection of persons acting in the execution of this Act, Be it enacted, That all actions and prosecutions to be commenced against any person for anything done in pursuance of this Act, shall be laid and tried in the County where the fact was committed, and shall becommenced within six calendar months after the fact was committed, and not afterwards or otherwise ; and Notice of action. Tender of
notice in writing of such action and of the cause thereofshallbe given to the Defendant, one calendar month at least before the cemmencement of the action; and no Plaintiff shall recover in any such action, if tender of sufficient amends shall have been made before amends. such action brought, or if after action brought, a sufficient sum ofmoney shall have been paid into Court with costs, by or on behalf of the defendant, and it shall be lawful in any such action for the defendant to plead the general issue, and to give any special matter arising under this Act under such plea.

In certain cases
recover no costs.

CVIII. And be it enacted, That if any person shall bring any suit in any of Her Majesty’s the Plaintiffshall
Superior Courts of Record in respect of any grievances 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 shall not find greater damages for the Plaintiff than the sum of Two Pounds Ten Shillings, no costs shall be awarded to the Plaintiff in such action, unless the Judge shall certify in
Court543

13 & 14 Vict. DIVISION COURTS ACT, (C. w.) Cap. 53, 1850.

Court upon the back of the record, that the action was fit to be brought on in such Superior Court.

Recital. CIX. And whereas the amount ofbusiness in certain Divisions is not so great as to require the holding of Courts therein once in every two months, while from the remoteness and inaccessibility of the same, the holding of the said Courts therein is, especially at certain seasons of the year, attended with great difficulty: Be it therefore enacted, That if Governor may fix Courts. it shall be certified to the Governor in Council, periodsofholding by the Magistrates of any County in Quarter Sessions assembled, that in any Division of such County, it is expedient for the above causes that such Courts should be held there less frequently than once in every two months, it shall and may be lawful for the Governor in Council, to order such Courts to be held therein, at such periods as to him shall seem meet : Provided always, that such Courts shall be held in any such Division at least once in every six months, and that it shall be lawful for the Governor in Council to revoke any such order at pleasure.

Judges to require accounts on oath from Clerks.

CX. And be it enacted, That it shall be the duty of the Judge of each County Court to require from
the respective Clerks within his County, at least semi-annually, a detailed statement, to be verified on oath before such Judge, of all fees and emoluments, which statement shall be filed by such Judge, with the said Treasurer: Provided always, that after this Act shall come into force it shall not be lawful for any County Court Clerk to be appoint ed or execute the office of Clerk ofany Division Court.

Proviso.

Interpretation of word” County.” CXI. And be it enacted, That in construing this Act, the word ” County” shall include any two or more Counties united for judicial purposes, and in any form or proceeding, the words ” United Counties” shall and may be introduced according to law, and circumstances rendering the same necessary.

Proceedings under repealed CXII. Provided always, and be it enacted, That Acts to continue. all proceedings in the execution of the said Acts in the Preamble of this Act recited, or any of them, commenced before the passing ofthis Act, or before the day appointed for its going into operation, shall be as valid to all intents and purposesas if this Act had not been passed, and may be continued, executed and enforced against all persons liable thereto in the same manner as if they had been commenced under the authority of this Act.

Commencement of Act. and not before.

CXIII. And be it enacted, That this Act shall come into force on the firstday of January next, Amended, see Division Courts Extension Act, 16 Vict., Oap. 177, on page 548, is 544 this work.
SCHEDULE A.

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3 & 14 Vict. Cap. 53, 1850.DIVISION COURTS ACT, (C. w.)
SCHEDULE A.
TABLE OF FEES .

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Entering account and issuing summons

Hearing an undefended cause…..

Hearing a defended cause..
Every order or judgment, (not to be charged when the Defendant has given a confession of judgment)
On every confession of judgment

CLERK’S FEES.
Entering every account, and issuing Summons……

Copy of Summons, particulars of demand or set-off,

when not furnished by Plaintiff or Defendant, each
Every summons to Witness, in which any number of names may be included…

Adjournment of any cause
Entering set-off or other defence requiring notice to the Plaintiff
Entering every judgment.
Every search into a proceeding over a year old..

Taking confession of judgment
Every Warrant, Attachment or Execution..
To the Clerk for taking charge of and keeping the property seized, such sum as the Judge may order in each particular case.
For every copy or Certificate of Judgment to another County…..
Deposit to be paid by party requiring Jury

Entering and giving notice of Jury being required

Making out Summons for the fifteen Jurors, to be apportioned between and paid in the first

instance by parties applying for Juries

---

THE BAILIFF’S FEES.

Service of Summons, or other proceeding, except Subpoena, on each person
Service of Subpoena on each Witness.

For taking Confession of judgment
Drawing and attending to swear to every affidavit of service of Summons, when served out of the Division
Enforcing every Warrant, Execution or Attachment, against the goods or body….
For every mile necessarily travelled from the Clerk’s Office, to serve Summons or Subpoena, and in going to seize on execution or Attach- ment where money made or case settled after the levy, 4d.
For every Jury trial..
For carrying delinquent to prison, including all expenses and assistance, per mile, 18.
Every Schedule of property seized, return, inclu- ding affidavit of appraisal.
Every bond, including affidavit of justification……

Every notice of sale not exceeding three, under execution, on attachment, 6d. each.
That there be allowed to the Bailiff upon the sale of property under any execution the sum of two and a half per cent, upon the amount realised, and not to apply to any overplus on the said execution.

---

---

---

13 & 14 Vict. Cap. 53, 1850.DIVISION COURTS ACT, (C. W.)

---

SCHEDULE B.
FORM OF SUMMONS .

To C. D., the above named Defendant.

Between
{A. B., Plaintiff,
and
C. D., Defendant.
You are hereby summoned to be and appear at the next sittings of the first (or, as the case may be) Division Court in and for the County of (or United Counties of the case may be) to be holden at in the Township of
dayof
as onthe
18 to answer the above, named Plaintiff for the causes set forth in the Plaintiff’s statement of claim hereunto annexed, numbered and that in the event of your not so appearing the Plaintiff may proceed to obtain judgment against you by default.
Dated this dayof
By the Court,

Clerk.
NOTICE.
Take notice that if the Defendant desires to set off any demand against the Plaintiff at the trial or hearing of the cause, notice thereof containing the particulars of such demand must be left with the Plaintiff or at his usual place of abode if living within the Division, or with the Clerk of the said Court if the Plaintiff resides without the Division, at least six days before the said trial or hearing, and that if the Plaintiff or Defendant desire to take the benefit of any Statute of Limitation or other Statue, notice thereof must be left in like manner with the said Plaintiff or the Clerk at least six days before the said trial or hearing.

(Indorsement to be made on the Summons after the service thereof.)
This Summons was served by me, X. Y., on the
day of 18:
Χ. Υ.

---

---

SCHEDULE C.
COVENANT BY THE CLERK OR BAILIFF.

Know all men by these presents, that we J. B., Clerk (or
Bailiff, as the case may be) of the Division Court number
in the County of
said County of
said County of
S. S., of, and P. M., of
inthe
inthe
do hereby jointly and severally for ourselves, and for each ofour heirs, executors and administrators, covenant and promise that J. B., Clerk (or Bailiff) of the said Division Court (as the casemay)

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13 & 14 Vict. Cap. 53, 1850.DIVISION COURTS ACT, (C. W.)

---

be) shall duly pay over to such person or persons entitled to the same, all such moneys as he shall receive by virtue of the said Office ofClerk (or Bailiff, as the case may be) andshall and will well andfaithfully do and performthe duties imposedupon him as such Clerk (or Bailiff ) by Law, andshallnotmisconduct himselfin the said Office to the damage ofany person being a party in any legal proceeding; nevertheless, it is hereby declared that no greater sum shall be recovered under this covenant against the several parties thereunto than as follows, that is to say:

Against the said J. B. in the whole,
Against the said S. S………….
Against the saidP. М…………

In witness whereof, we have to these presents set our hands and seals, this day of
Our Lord one thousand eight hundred and
Signed,

sealed and delivered,
in the presence of

---

---

SCHEDULE D.

Countyof A. B. of in the County of (here state the County)

the Plaintiff (orAgent, as the case maybe) maketh oath and saith that C. D., (the debtor’s name) is (or are) justly and truly indebted to (the creditor’s name) in the sum of of lawful money of Canada, for (here state the cause of action briefly); and this Deponent further saith,thathe hath goodreason to believe, and verily doth believe, that the said C. D. hath absconded from this Province, and hath left personal property liable
to seizure under execution for debt within the County of; or that the said C, D., is (or are) about to abscond from this Province, or to leave the County of and design to defraud the said with intent (the creditor) of the said debt, taking away personal estate liable toseizure under execution for debt ; or that the said C. D. is concealed within the to avoid being served with County of Process, with intent and design to defraud the said (the creditor) of his said debt ; and this Deponent further saith, that this affidavit (or affirmation, as the case may be, ) is not made, nor the Process thereon tobe issued, from any vexatious or malicious motive whatever.
A. B.
Signature of Deponent.
Sworn (or affirmed as the case may be) before me, the
day of
547
one thousand eight hundred and

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---

16 Vict. DIVISION COURTS EX. ACT, (C. w.) Cap. 177, 1853.

SCHEDULE . E.

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 aforesaid forthwith:
and herein fail not.
Witness my hand and seal, the
18 E. F.
dayof
(L. S.)
Judge, Clerk, or Justice ofthe Peace,(as the case maybe).

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DIVISION COURTS EXTENSION ACT, (C.W.)

---

CAP . CLXXVII .
AN ACT TO AMEND THE CANADA WEST DIVISION COURTS ACT, OF ONE THOUSAND EIGHT HUNDRED AND FIFTY, AND TO EXTEND THE JURISDICTION OF THE SAID COURTS.
Preamble.
Act 13& 14V. c. 53, cited. W
[Assented to, 14th June, 1853.]

HEREAS by an Act passed in the Session held inthe thirteenth and fourteenthyears of Her Majesty’s Reign, intituled, An Act to amend and consolidate the several Acts now inforce regulating the practice of Division Courts in Upper Canada, and to extend the Jurisdiction thereof, and in this Act called ” The Earth Division Courts Act of 1850,” jurisdiction is given, as therein mentioned, to the Courts holden under the said Act, to hold plea of certain claims and demands ofdebt, account or breach of contract, or covenant, or money demand, whether payable inmoney or otherwise, not exceeding Twenty-five Pounds, and of claims and demands in actions of tort to personal chattels, to and including
Short title assigned tosaid Act.

548
16 Vict. DIVISION COURTS EX. ACT, (C. w.) Cap. 177, 1853.

Additional powers conferred on Division Courts.
Proviso:

ding the amount ofTen Pounds ; And whereas it is expedient to
extend the provisions of the said Act to all personal actions (ex-
cept as hereinafter mentioned) not exceeding Ten Pounds, and
also to amend the said Act in the manner hereinafter mentioned ;
Be it therefore enacted, &c., That the jurisdiction
of the several Division Courts in Upper Canada
shall extend to, and the Judges of such Courts
shall (in addition to the powers and jurisdiction conferred upon
them by the said Act,) have power, jurisdiction and authority to
hold plea of, all personal actions where the debt or damages
claimed is not more than Ten Pounds ; Provided
always, that the said Division Courts shall not
have cognizance of any action for any gambling
spirituous or malt liquors drunk in a tavern or ale
house, or of any action brought on any Note of not to have cog-
Hand the consideration of which was any such
debt, or for liquors drunk as aforesaid ; or of any
action ofejectment, or in which the title to any corporeal or in-
corporeal hereditaments, or to any toll, custom or franchise shall
be in question, or in which the validity of any devise, bequest or
limitation under any will or settlement may be disputed, or of
any action for malicious prosecution, or for any libel or slander,
or for criminal conversation or seduction, or breach ofpromise of
marriage ; and the several powers and provisions
of the said Upper Canada Division Courts Act of
1850, and all Rules, Orders and Regulations which
have been or shall be made in persuance of the
same or of this Act, shall extend to all debts, dama-
debt, nor for
Division Courts
nizance of certain
actions.
Powers and pro-
visions of 13&14V. c. 53, extend-
ed to all cases
cognizableby
Division Courts.
ges and demands which maybe sued for in the said Courts under
the extended jurisdiction given by this Act, and to all proceed-
ings and judgments for the recovery of the same, or otherwise in
relation thereto, respectively, as fully and effectually to all intents
and purposes as the same respectively are now, or may be appli-
cable to the claims and demands within the present jurisdiction
ofthe said Courts .
The saidAct and
this Actto be
construed as one.
II. And be it enacted, That this Act and the
said recited Act shall be read and construed as one
Act, as if the several provisions in the said recited
Act, not inconsistent with the provisions of this Act, were repea-
ted and re-enacted in this Act.
III. And be it enacted, That there shall be pay-
able on every proceeding in the said Division
Courts, and to the Clerks and Bailiffs of the Courts,
such fees as are set down in the Schedule to the
Act, marked A : and if the fees on such proceedings
paid in the first instance by the plaintiff or party
on whose behalf such proceeding, is to be had, on
Fees payable to
be those in
Schedule to 13&14V. c. 53.
said recited
shall not be
Payment how en-
forced.

549 or

16Vict. DIVISION COURTS EX. ACT, (C. w.) Cap. 177, 1853.

orbefore such proceeding, the payment thereofmaybe enforced
by order of the Judge by such ways and means as any debt or
damages ordered to be paid by the Court can be recovered:
Proviso:
Judgemay in-
crease the fee in
certain cases.
Provided always, that it shall be lawful for the
Judge of every Division Court, at the trial of any
cause in the said Court, to increase the fee for
hearing any defended cause to a sum not exceed-
ing Ten Shillings, whether the debt, damages or
subject matter of the action is for a sum under or over Ten
Pounds, or for the sum of Ten Pounds.
Judge
may
with IV. And whereas it is desirable to extend the
consentofparties law ofArbitration to Division Courts, Be it there-refer any case to
arbitration;
Award to be en-
tered as a judg-
ment.
fore enacted, That the Judge holding any Division
Court may, in any case, with the consent ofboth
parties to the suit, or of their agents, order the
same, with or without other matters within the
jurisdiction of the Court, in dispute between such parties, to be
referred to arbitration to such person or persons, and in suchman-
ner and on such terms as he shall think reasonable andjust ; and
such reference shall not be revocable by either party, except by
consent of the Judge ; and the award of the Arbitrator or Arbitra-
tors or Umpire, shall be entered as thejudgment in the cause and
shall be as binding and effectual, to all intents and purposes, as if
Proviso :
Awardmay be
set asideby the
Judge, for cause.
voke the said
givenbythe Judge : Provided that the Judgemay,
ifhe shall think fit, on application to him within
fourteen days after the entry of such award, set
aside such award so given as aforesaid, or may
with the consent of both parties, as aforesaid, re-
reference and order another reference to be made
in the
manner
aforesaid
.
How
witnesses
may
be
compel-
ledtoappear be-
fore
Arbitrators
and
give
evi-
dence
.
V. And be it enacted, That when any reference
shall have been made by any such order as afore-
said, either of the parties to the suit may obtain
from the Clerk of any Division Court a Summons
requiring the attendance before the said Arbitra-
tor or Arbitrators, of any witness resident within the County, or
served with Subpœna therein, with or without aclause requiring
theproduction of books, papers and writings in his possession or
control, and that the method ofcompelling the attendance of a
witness before the Arbitrator or Arbitrators or Umpire upon such
reference, shall be in the manner prescribed by the forty-eighth
Section of the said Upper Canada Division Courts Act of 1850 ;
and parties making default in attendance, or refu-
sing or neglecting without sufficient cause, to pro-
duce any books, papers or writings required by
such Summons to be produced, may be proceeded against and
punished in the manner provided for in the forty-eighth Section
Punishment of
witnesses
making default.

550 of

16Vict. DIVISION COURTS EX. ACT, (C. w.) Cap. 177, 1853.

Arbitrators may
administer oath
to parties or wit-
nesses.
ofthe said recited Act, for disobedience of the Summons to a
witness : And it shall be lawful for any one ofsuch
Arbitrators to administer an oath to the parties in
such suit, and to all other persons that may be ex-
amined before such Arbitrator or Arbitrators,
either on behalf of the plaintiff or defendant, or to take their
affirmation in cases where affirmation is allowed by law instead
of an oath; and every person who in any exami-
nation upon oath, or solemn affirmation before any
such Arbitrator or Arbitrators, shall wilfully or
corruptly give false evidence, shall be deemed guilty of perjury,
and liableto the punishment which may, by law, be applicable
to the crime ofperjury.
False swearing to
beperjury.
Part of Statute of
Anne not to ap-
VI. And be it enacted, That so much of the Act
passed in the eight year of the Reign of Queen
Anne, intituled’ An Act for the better security of plytogoodstakenDivision Courts :
recourse of land.
lordin such case.
rents and to prevent frauds committed by tenants,
as relates to the liability of goods taken by virtue
of any execution, shall not be deemed to apply to
goods taken in execution under the process of any Division
Court, but the land-lord of any tenement in which any such goods
shall be so taken, shall be entitled by any writing under his hand
or under the handofhis agent, tobedelivered to the Bailiffmaking
the levy, (which writing shall state the terms of holding, and the
rentpayable for the same) to claim any rent in arrear then due to
him, not exceeding the rent of four weeks when the tenement is let
by theweek, and not exceeding the rent accruing due in two terms
ofpayment where the tenement is let for anyother term less than
ayear, and not exceeding in any case the rent accruing due in
one year ; and in case of any such claim being so Duty of Bailiff
made, the Bailiff making the levy shall distrain as distraining.
well for the amount of the rent so claimed, and the cost of such
additional distress, as for the amount of money and costs for which
the warrant of execution issued, and shall not proceed to sell the
same, or any part thereof until after the end ofeight days at least
next following after such distress taken ; and for
every additional distress for rent in arrear, the Bail-
iffof the Court shall be entitled to have as the costs of the distress,
instead of the fees allowed by the said Upper Canada Division
Courts Act of 1850, the fees allowed by an Act of the Parliament
of the late Province of Upper Canada, passed in the first year of
Her Majesty’s Reign, intiuled, An act to regulate the
costs of levying distresses for small rents and penal-
ties ; and if any replevin be made of the goods so
distrained, so much of the goods taken under the
said warrant of execution shall be sold, as will sat-
isfy the money and costs for which the said warrant
551
Costs to Bailiff..
Act of C. W. 1 V.
c. 16.
Proceedings if the
goods arereple-vied.
issued, and
the

16Vict. DIVISION COURTS EX. ACT, (C. w.) Cap. 177, 1853.

the costs of the sale, and the surplus of such sale, and the goods
so distrained, shall be returned as in other cases of distress for
Execution credit-
or not to be satis-
fleduntil the
landlord is paid.
rent and replevin thereof; but no execution cre-
ditor under the said Upper Canada Division Courts
Act of 1850 or this Act, shall be satisfied his debt,
out of the proceeds of such execution and distress
or execution only, where the tenant shall replevy, until the land-
lord who shall conform to the provisions of this Act shall have
been paid the rent in arrear for the periods hereinbefore men-
tioned.
Sec. 102, of 13 &
14V. c. 53 amend-
ed.
Proceedings in
caseany claim to
goods or chattels
seized or to the
proceeds thereof,
be made by any
landlord or other
third party.
VII. And in amendment of the one hundred and
second Section of the said Upper Canada Division
Courts Act of 1850, Be it enacted, That if any claim
shall be made to or in respect of any goods or chat-
tels, property or security taken in execution or at-
tached under process of any Division Court, or in
respect of proceeds or value therof, by any landlord
for rent, or by any person not being the party
against whom such proceeding has issued, it shall be lawful for
the Clerk of the Court, upon application of the officer charged
with the execution of such process, as well before as after any
action brought against such officer, to issue a Summons calling be-
fore the Court out of which such process shall have issued orbe.
fore the Court holden for the Division in which the seizure under
such process shall have been made, as well the partyissuing such
process as the party making such claim ; and thereupon any action
which shall have been brought in any of Her Majesty’s Superior
Courts of Record at Toronto, or in any Local or Inferior Court, in
respect of such claim, shall be stayed, and the Court in which such
action shall have been brought, or any Judge thereof, onproofof
the issue of such Summons, and that the goods and chattels, pro-
perty or security were so taken in execution or upon attachment,
may order the party bringing such action to pay the costs of all
proceedings had upon such action after the issue of such Sum-
mons out of the Court, and the Judge of the Court shall adjudi-
cate upon such claim, and make such order between the parties
in respect thereof and of the costs of the proceedings, as to him
shall seem fit : and such order shall be enforced in like manner
as any order made in any suit brought in such Court, and such
order shall be final and conclusive between the parties.
In what Division
Court any suit
maybe entered
and tried.
VIII. And be it enacted, (notwithstanding any
thing contained in the Upper Canada Division
Courts Act of 1850,) That all suits cognizable in a
Division Court may be entered and tried inthe Court holden for
the Divison in which the cause of action arose, or in the Court
holden for the Division in which the Defendant, or where
there shall be more than one Defendant, wherein one oftheDefen-
552 dants

6Vict. DIVISION COURTS EX. ACT, (C. w.) Cap. 177, 1853.

dants shall dwell or carry on his business at the time of the ac-
tion brought, or by leave of the Judge, according to the provisions
contained in the next Section, in the Court holden for any divisi-
on (whether in the same or in an adjoining County) adjacent to
the Division in which the Defendant is resident.
A
suit
may
be
entered
and
tried
in
Court
specially desig-natedby the
Judge of the
IX. And whereas in certain Divisions, the places Recital.
fixed for holding the sittings of the Courts, and the offices of the
Clerks thereof, may be situate at an inconveniant distance from
the place of residence of certain parties residing in such Divsi-
ons, while a Division Court is held in the same or in an adjoin-
ing County more convenient for such parties, and it is desirable
that procedure in the said Division Courts should be made as easy
and inexpensive asmay be to the suitors ; Be ittherefore enacted,
That any suit cognizable in a Division Court may,
by leave of the Judge of the Court in which such
suit is to be brought, be entered and tried in any
Court, (whether holden for a Division in the
County in which the defendant resides, or holden
for a Division in an adjoining County.) in which the
the said Judge shall specially order such suit to be entered and
tried : and upon such order made, the defendant shall be liable to
be sued in accordance therewith in any adjoining Division Court,
whether situate in the County in which he resides, or an adjoining
County; and everysuch suit may be entered, tried and proceeded
with in the same manner to all intents and purposes, as if the
cause of action for which the same shall be brought, had arisen
within the Division of the Court in which leave shall be so obtain-
ed as aforesaid to enter it, and the defendant were a resident the-
rein.
Court inwhich itis to be brought .
The Governor
may appoint five
County Court
Judges to frame
rules of practice
forDivision
Courts; which
X. And be it enacted, That it shall be lawful
for the Governor of this Province, to appoint and
authorize five of the Judges of the County Courts
in Upper Canada. to frame such general rules as
to them shall seem expedient, for and concerning being approved
the practice and proceedings of the Courts holden
under the authority of the said Upper Canada Divi-
sion Courts Act of 1850, and for the execution of
the process of such Courts, and in relation to any
byaChief
Justice and three
Judges of the Su-
perior Courts of
Law at Toronto,shall be valid.
of the provisions of the said Act, or of this Act, or of any Act to
be hereafter passed, as to which there may have arisen doubts,
or may have been conflicting decisions in the said Division
Courts, or as to which there may hereafter arise doubts, and also
to frame forms for every proceeding for which they shall think it
necessary that a form should be provided; and all such rules,
orders and forms as aforesaid, shallbe certified to the ChiefJustice
of Upper Canada, under the hands of the County Judges so ap-
pointed and authorized, or of any three of them, and shall be
submitted553

16 Vict. DIVISION COURTS EX. ACT, (C. w.) Cap. 177, 1853.

submitted by the said Chief Justice to the Judges of the Superior
Courts of Common Law at Toronto, or to any four of them, and
such Judges of the Superior Courts (of whom the said Chief
Justice or the Chief Justice ofthe Court of Common Pleas at
Toronto, shall be one) may approve or disallow, or alter or
amend such rules or orders, and such of the rules as shall be so
approved by such ofthe Judges of the Superior Courts, shall have
the same force and effect as if the same had been made and in-
cluded in this Act; and in any case not expressly provided for
by the said Upper Canada Division Courts Act of
1850, or by this Act, or by the said rules, the
general principles of practice in the Superior
Courts of Common Law at Toronto, may be adopted and ap-
plied in the discretion of the Judge, to actions and proceedings in
Rule in cases un-
provided for.
Expensesof
making and
printing rules,
howpaid.
the Division Courts ; and the contingent expenses
connected with the framing and approval of such
rules, and the printing thereof, shall be paid out of
the General Fee Fund of the Division Courts :
Provided always, that all rules and forms already
legally made and approved and in force, shall, as
far as applicable, remain in force until it is otherwise ordered :
Proviso.
Proviso. and Provided further, that copies of all such Rules
made and approved of as herein provided, shall be
forwarded by the Judges making the same, to the Governor of
this Province, to be by him laid before each House ofthe Legis-
ture.
Jury may be had
for trying any
fact which the
Judge shall think
ought to be so
tried.
XI. And be it enacted, That in case any Judge
before whom a suit shall be tried in a Division
Court, shall think it proper to have any fact or
facts controverted in the cause tried by a Jury, in
such case a Jury of five persons present shall be returned in-
stantly by the Clerk of the Court, to try such fact or facts as shall
seem doubtful to such Judge, and the Judge may proceed to give
judgment on the verdict of such Jury, or grant a new trial on
the application of either party in the sameway andunder simi-
lar circumstances as new trials are granted in othercases on ver-
dicts of Juries ; and for the returning of such Jury
the Clerk shall be entitled to a fee of One Shilling
and Three Pence, and no more ; Provided always,
that nothing herein contained shall extend, or be
Fee.
Proviso :
Jurisdiction of
ed.Judgenot affect construed to extend to affect the sole jurisdiction
of the Judge in cases in which a Jury has not been
legally demanded by the parties, but as heretofore insuch cases,
the Judge holding such Courts, shall be the sole Judge of all
actions brought in the Division Courts, and shall determine all
questions as well of fact as of law in relation thereto.
554 XII.

16 Vict. DIVISION COURTS EX. ACT, (C. w.) Cap. 177, 1853.

Clerks
and
Bailiffs
receiving
money
,
to
give
security
.
XII. And whereas there is no provision in the Recital.
said Upper Canada Division Courts Act of 1850, requiring Clerks
and Bailiffs to give security for accounting for, and for the due
payment of fees, fines and moneys received by them respectively
in the performance of their several duties ; Be it therefore enac-
ted, That every Clerk and Bailiff of a Division
Court who may receive any fees, fines or moneys
in the execution of his duty, shall give security by
entering into a bond to her Majesty, Her Heirs
and Successors, in such sums, with so many sureties and in such
form as the Governor of this Province shall see reason to direct
for the due accounting for and payment of all fees, fines and
moneys received by them respectively, by virtue of their respee-
tive offices, under the said Act, or under this Act, or under any
Act to be hereafter passed, and also for the due performance of
the duties of their several offices ; Provided always,
that nothing herein contained shall affect or be
construed to affect the validity of any covenant
entered into, under the Upper Canada Division
Courts Act of 1850, or the remedy given thereun-
der to persons suffering damages by the default,
breach of duty, or misconduct of any Clerk or Bailiff, or affect
or be construed to affect any bond or security heretofore legally
given by any County Treasurer, or any Clerk or Bailiff of a
Division Court.
Proviso
:
Covenants
enter-
ed
into
under
s. 22 of 13 & 14 V, c. 53, and bonds, & c.,
not invalidated.
Clerks of Division Courts to make out, yearly, lists of moneys paid into Court and unclaimed during
a
certain time.

List to be posted
up and such sums
unclaimed, afteracertain time, to
go to Fee Fund.
XIII. And be it enacted, That the Clerk of each
Division Court shall, in the month of January, in
each year, make out a correct list of all sums of
money belonging to suitors in the Court, which
shall have been paid into Court, and which shall
have remained unclaimed for six years before the
last day of the month of December then last past,
specifying the names of the parties for whom or
on whose account the same were so paid into Court;
and a copy of such list shall be put up and remain
during Court hours in some conspicuous part of the Court House
or place where the Court is held, and at all times in the Clerk’s
Office: and all sums of money which shall have been paid into
Court to the use of any suitor or suitors thereof, and which shall
have remained unclaimed for the period of six years after the
same shall have been paid into Court, or to the Officers thereof,
and which are now in the hands of the Clerk or Bailiff, and all
further sums of money which shall hereafter be paid into Court,
or to the Officers thereof, to the use of any suitor or suitors, shall,
if unclaimed for the period of six years after the same shall have
been so paid, be applicable as part of the General Fee Fund of
the Division Courts, and be carried to the account of such fund,
and555

16 Vict. DIVISION COURTS EX. ACT, (C. w.) Cap. 177, 1853.

and paid over by the Clerk or Officer holding the same, to the
Treasurer of his County, and no person shall be entitled toclaim
any sum which shall have remained unclaimed for six years, but
no time during which the person entitled to claim
infants,&c. such sum shall have been an infant orfeme covert,
or of unsound mind, or out of the Province, shall be taken into
account in estimating the six years.
Provision as to
Action against
Bailiff, not to be
brought except
after certain
notice, &c.
XIV. And be it enacted, That from and after
the commencement of this Act, no action shall be
brought against any Bailiff of a Division Court, or
against any person acting by the order and in aid
of any Bailiff, for anything done in obedience to any warrant
under the hand of the Clerk of the Court and the Seal of the
Court, until demand hath been made, or left at the residence of
such Bailiff, by the party intending to bring such action, or by
his Attorney or Agent in writing, signed by the partydemanding
the same, of the perusal and copy of such warrant, and the same
hath been refused or neglected for the space of six days after
such demand ; and in case after such demand and
compliance therewith, by shewing the said warrant
to and permitting a copy to be taken thereof by
the party demanding the same, any action shall be brought
against such Bailiff or other person acting in his aid, for any
such cause as aforesaid, without making the Clerk of the Court
who signed or sealed the said warrant Defendant, then, on pro-
ducing or proving such warrant, at the trial of such action, the
Jury shall give their verdict for the Defendant, notwithstanding
any defect of jurisdiction or other irregularity in or appearing
As to action
where Clerk is
not made a De-
fendant.
And as to actions
where the Clerk
is made a Defen-
dant.
by the said warrant ; and if such action be
brought jointly against such Clerk, and also against
such Bailiff, or person acting in his aid as afore-
said, then on proof of such warrant the Jury shall find for such
Bailiff, and for such person so acting as aforesaid, notwitstanding
such defect or irregulariiy as aforesaid; and if the verdict shall
be given against the said Clerk, then, in such case, the Plaintiff
shall recover his costs against him, to be taxed in such manner,
by the proper officer, as to include the costs such plaintiff is
liable to pay to the Defendant for whom such verdict shall be
found as aforesaid ; and in any action to be brought as aforesaid,
the Defendant may plead the general issue, and give the special
matter in evidence at any trial to be had thereupon.
Interpretation
Clause. XV. Be it enacted, That in construing this Act,
the word ” landlord ” shall be understood to in-
clude the person entitled to the immediate reversion of the
lands, or, if the property be held in joint tenancy, coparcenary
or tenancy in common, shall be understood to include any one of
the persons entitled to such reversion; and the word “agent,”
shall556

16 Vict. DIVISION COURTS EX. ACT, (C. w.) Cap. 177, 1853.

shall be understood to mean any person usually employed by the
landlord in letting of lands or in the collection of the rents there-
of, or specially authorized to act in any particular matter, by
writing under the hand of such landlord.
In case of separation of United Counties,
Division Courts of Junior County to remain Division Courts thereof until it be otherwise ordered.
XVI. And be it enacted, That when a Junior
County shall separate from a Senior County or
Union of Counties, the Division Courts of such
United Counties as were before the separation of
such Junior County from such Union of Counties
wholly within the territorial limits of such Junior
County shall be, remain and continue Division Courts of such
Junior County until the Justices of the Peace of such Junior
County, in General Quarter Sessions assembled shall declare and
appoint the number, limits and extent of the divisions for Division
Courts within the limits of such Junior County, and all pro-
ceedings and judgments had and taken therein until the new
Division shall come in force shall be, remain and continue pro-
ceedings and judgments of the said Division Courts respectively ;
and all such Division Courts shall be known as Division Courts
of such Junior County by the same numbers respectively, as
they were known while the said Division Courts were Division
Courts of any such Union of Counties, until they are altered by
the Justices of the Peace of such Junior County as herein pro-

vided.
Inwhat Courtproceedings shall
be completedwhen the Divi-
sions are altered
inany County.
XVII. And be it enacted, That whenever the
Justices of the Peace of any County in Upper
Canada, in General Quarter Sessions assembled,
shall alter the number, limits and extent of the
Division Courts within such County, all proceedings and judg-
ments had and taken in any Division Court before the day when
such alteration is to take effect, shall be continued and prose-
cuted in such Division Court of such County as the Judge ofthe
County Court of the County in which such alteration is made
shall order and direct ; and all proceedings and judgments which
shall be continued and prosecuted in any such Division Court,
by the order or direction of the Judge of the County Court as
aforesaid, shall be considered and are hereby declared to be
proceedings and judgments of the said Division Court to which
they shall be so transferred, and shall be as valid and affectual
to all intents and purposes as if such proceedings and judg-
ments had been commenced, prosecuted and obtained in the
Division Court to which they shall be so transferred by the Judge.
XVIII. And whenever a Junior County shall be
separated from a Union of Counties, or the pro-
ceedings ofany of the Division Courts ofa Senior
County be transferred to any other Division Court
within the said County,uponthe order or direction
Allpapers and
documents in
any suit transfer-
red from one
Court to another
tobe delivered
over to such
557 of

16 Vict. DIVISION COURTS EX. ACT, (C. W.) Cap. 177, 1853.

Judge shall
direct.
personasthe ofthe Judge thereofas hereinbefore provided, the
Clerks or other Officers of such Division Courts, or
any of them, in whose possession shall be held any writs, papers
or documents connected with or appertaining to any such Court
or the business thereof, shall deliver up the said writs, papers or
documents, or any of them, to such person or persons as the
Judge of the said County Court shall order and direct; and any
person or persons who shall refuse to deliver up such writs,
papers or documents, or any of them, to such person or persons
as the Judge of the County Court shall order or direct, shall be
liable to be proceeded against in the same manner as persons
wrongfully holding papers and documents under the provisions
of the thirteenth Section of the said Upper Canada Division
Courts Act of 1850.
Case ofaDivision
being partly in a
Senior and partly
in a Junior
Countywhen
they are separat-
ed, provided for.
XIX. And be it enacted, That whenever after
separation of any Junior County from any Union
of Counties, it shall happen that the territorial
limits of any of the Division Courts of the former
Union of Counties shall be partly within the
limits of the Junior County and partly within the limits of the
Senior County, then and in such case all proceedings processes,
suits, orders and judgments which are commenced in such Divi-
sion Courts of the former Union of Counties, shall and may be
continued and prosecuted to completion in the Division Court
where the proceedings were originally commenced, or in such
other Division Court of the said Senior County, as the Judge of
the said Senior County shall order and direct; and the Clerks
and other Officers of the said Division Courts of the said Senior
County, in whose possession may be held any writs, papers or
documents connected with or appertaining to any such Court
or the business thereof, shall deliver over the same to the Clerk
ofsuch Division Court of such County as the Judge thereof shall
order and direct.
Justices to divide
first Sittings
in Q. S.
XX. And be it enacted, That at the first Sit-
Junior Countyat tings 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 declare and appoint the number,
(not less than three, nor more than twelve,) limits and extent of
the several Divisions within such County or Counties, and the
time when such change of Divisions shall take effect: Provided
always, that if the Justices shall not or may not have made such
change of Divisions at such first Sittings of the
Quarter Sessions, which may have takenplace
after the issuing of such proclamation, it shallbe
lawful for them to do so at any other Sittings of
Proviso: but
such division
may be made at
asubsequent
sitting.
such Court, but a less number of Justices shall nothave power
558 to

16 Vict. DIVISION COURTS EX. ACT, (C. w.) Cap. 177, 1853.

to rescind or alter any resolution or order made by a greater
number under the provision of this Section.
lector
neglecting to furnish list ofpersons liable to serve as Jurors at Division Courts,
and how enforced,
XXI. And it enacted, That if any Collector Penalty on Col-
shall neglect or refuse, for the space of six days
after demand made in writing, to furnish the
Clerk of the Division in which the Township,
Town, City or Ward for which he is a Collector,
is wholly or in part situate with a correct list of
the names of persons liable to serve as Jurors in the Division
Court, according to the provisions of the thirty-fifth Section of
the Upper Canada Division Courts Act of 1850, it shall be
lawful for the said Clerk to issue a Summons to be served on
the said Collector, requiring him to appear at the then next sit-
ting of the said Division Court, to show cause why he hath
refused or neglected to comply with the provisions of the said
Section, and which said Summons shall be personally served on
the said Collector three days at least before the sitting of the
said Court, and upon proof of the service of such Summons, it
shall be in the power of the said Judge holding the said Division
Court, to inquire into the said neglect or refusal in a summary
manner, and impose such fine upon the said Collector, not ex-
ceeding Five Pounds, or give further time to the Collector as
he shall deemjust, and also to make such order for the payment
ofthe costs of the proceedings by the Collector as to the said
Judge may seem meet, and all orders made by the said Judge
for the payment of any fine or costs, shall be enforced by such
ways and means against the said Collector as is provided for
enforcing Judgment in the said Courts : Provided always, and
it is hereby declared and enacted, That no person
shall be compelled to serve as a Juror in any Division Court
who is by law exempted from serving as a Petty Juror in any
of the Superior Courts of Record in Upper Canada.
Proviso.
Judge may examine Plaintiff or Defendant
tainfacts in
cases not over
40s.
XXII. And be it enacted, That in any Division
Court from and after the passing of this Act, in
any case ofdebt or contractbrought for ademand inproof ofcer-
not exceeding Forty Shillings, in which the Plain-
tiff shall give sufficient evidence to satisfy the
Judge that the Defendant has become indebted to such Plain-
tiff, but the Plaintiff shall not have evidence to establish the
particular amount, it shall be lawful for the Court in its discre-
tion to examine the Plaintiff on his oath, touching the items of
such account, and togive judgment thereupon accordingly, and
such Judge may also under like circumstances examine the
Defendant as to the amount of any payment or set off in any
such case, and may give judgment accordingly for such
Defendant.
559 XXIII.

16 Vict. DIVISION COURTS EX. ACT, (C. w.) Cap. 177, 1853.

Notwithstanding
16 V. c, 19. Judge may cause Plaintiff or Defendant to be examined when he shall deem it right.
XXIII. And be it enacted, That for and notwithstanding anything contained in the Statute passed during this present Session of Parliament, intituled, An Act to repeal the Acts therein mentioned, and to improve the Law ofEvidence in Upper Canada, it shall and may be lawful for the Judge holding any Division Court in Upper Canada, to require the Plaintiff or Defendant in any cause or proceeding brought or taken before him in such Court, to be examined under oath (or solemn affirmation) whenever such Judge may think it conducive to the ends of Justice, that such examination should be so had and taken.
Judgments & c, of former Courts of Requests, to be dealt with as Judgments, & c.,
of Division Courts.
XXIV. And be it enacted, That the orders, decisions and judgments of the several Courts of Requests existing in Upper Canada, in force on the thirtieth day of November, one thousand eight hundred and forty-one, and still unsatisfied, shall be, and shall be taken to have been orders, decisions and judgments
of the several Division Courts, to the Clerks of which the books, papers anddocuments connected with the business ofsuch Courts ofRequests have been delivered by order of any Judge of a District or County Court in Upper Canada, and such orders, decisions and judgments shall be carried out and enforced in the same Proviso. manner as similar proceedings in such Division Courts; Provided always, that no proceedings shall hereafter be taken by any Judge of a County Court to carry out and enforce such orders, decisions orjudgments, unless he is satisfied by the oath ofthe party, and such other evidence as he may require, (all of which to be reduced to writing,) that it is just and agreeable to equity and good conscience that the same should be enforced.
Additional sum
not exceeding£50
per annum, may
be allowed to
County Judges
fortravelling
expenses.

XXV. And be it enacted, That in addition to
the salary which may now by law be paid to the
several County Judges in Upper Canada, afurther
sum, not exceeding Fifty Pounds ayear, may be
paid to each of such Judges, as an indemnity for
his travelling expenses, to be paid in the same
manner and out ofthe same funds as the salaries of such Judges
are now payable by law; and the Governor of the Province may
at all times issue his Warrant in favor ofthe County Treasurer
for an amount to make up the deficiency ofthe salary and indem-
nity for travelling expenses of the Judge ofany such County, and
the amount of such Warrant shall be charged upon the Consoli-
dated Revenue Fund of this Province : Provided
always, that in fixing the amount to be allowed
to each of such Judges, as an indemnity for trav-
elling expenses, due regard shall be had to the ex-
Proviso: consid-
erationsupon
which such
allowance shall
befixed.
560 tent,

16 Vict. COUNTY COURTS EQUITY ACT, (c. w.) Cap. 119, 1853.
Administration
ofpersonals.

An executor or administrator of any such de-
ceased person seeking to have the personal estate
(not exceeding two hundred pounds) of such deceased person,
administered under the direction of the Judge of the County
Court for the County within which such executor or administra-
tor resides.
Foreclosure of6. A legal or equitable mortgagee whose mort-
gage is created by some instrument in writing, or Mortgages.
judgment creditor having duly registered his judgment, or person
entitled to a lien for security for a debt, seeking foreclosure or
sale or otherwise to enforce his security, where the sum claimed
as due, does not exceed fifty pounds.
Redemption of7. A person entitled to redeem any legal or
equitable mortgage or any charge or lien, seeking Mortgages.
to redeem the same, where the sum actually remaining due does
not exceed the sum offifty pounds.

Any person seeking equitablerelieffor, upon, Equitable relief
or by reason of any act, matter, or thing whatso- generally.
ever, where the subject matter involved does not exceed the sum
offifty pounds.
Injunctions to
restrain commis-
sion of waste.

Injunctions to restrain the committing of
waste or trespass to property by unlawfully cut-
ting, destroying, or removing trees or timber, may
be granted by the Judge of any County Court, which injunctions
shall only remain in force for a period of one month, unless sooner
dissolved on an application to the Court of Chancery ; Provided
always, that the power to grant such injunction Proviso.
shall not authorize the prosecuting of the suit in the County
Court, but 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.
III. And be it enacted, That such claim in the Form ofClaim.
several cases enumerated above, may be similar in principle to
the form set forth in Schedule A to this Act.
Proceedings on
the filing of
Claim.
IV. And be it enacted, That upon entering such
claim with the Clerk of a County Court, the same
shall be numbered and filed by such Clerk accord-
ing to the order in which it shall be entered, and thereupon a
Summons, briefly stating the nature of the claim and bearing the
number of the claim on the margin thereof, shall be issued under
the Seal of the Court, requiring the person against whom such
claim is made, on some day in the next ensuing term of such
County Court, or (upon Special Order of the Judge of the County
Court,) on a day to be therein named, to appear before the Judge
ofthe said Court, to show cause, if he can, why such relief as is
claimed565

16Vict. COUNTY COURTS EQUITY ACT, (c. w.) Cap. 119, 1853.
claimed by the Plaintiff should not be had, or why such Order
as shall be just with reference to the claim shall not be made.
Form ofWrit of
Summons.
V. And be it enacted, That such Writ of Sum-
mons may be in the form or to the effect in that
behalf set forth in Schedule B to this Act, with such variations
as circumstances may require, and shall be sealed with the Seal
of the Court from which it issues, and that, when necessary,
alias and pluries Writs may be issued.
Copy ofWrit and
Claimtobeserved. VI. And be it enacted, That a copy of the said
Writ of Summons, to which shall be attached a
certified copy of the Plaintiff’s claim so entered as aforesaid,
shall be served on the Defendant tendays at least before the day
appointed in the said Writ of Summons for showing cause.
Hearing on
Claim: evidence,
examination of
parties, &c.
VII. And be it enacted, That at the time ap-
pointed for showing cause as aforesaid, the
Defendant shall appear personally or by Attorney
and show cause, ifhe can, (and if necessary by
Affidavit) why such relief is claimedby the Plaintiff should not
be had against him; and each party may, on giving five clear
days’ notice in writing prior to any hearing, of his intention so
to do, examine the other party upon the matters relating to such
claim; and the Judge, on hearing the claim, and what the
Plaintiff alleges in support thereof, and such other evidence
whether oral or written or by Affidavit, as he may produce in
thatbehalf, and what may be alleged on the part of the Defendant,
and such evidence whether oral or written or by affidavit as
he may produce in that behalf, or on production of an affidavit,
that the Writ of Summons and copy of claim aforesaid have
beenduly and personally served on such Defendant, may, ifhe
shall think fit, make an Order granting or refus-Order to be
made. ing the relief claimed, or directing any accounts
or inquiries to be taken or made, (such accounts or enquiries to
be taken or made before the Judge if he shall deem such course
proper or expedient, or before the Clerk of such Court, at days
or times to be appointed by the Judge for that purpose,) or may
direct such other proceedings to be had for the purpose of ascer-
taining the plaintiff’s title to the reliefclaimed, or make such other
Order as according to the nature and circumstances ofthe case
shall seem to be just and proper; and further, the Judge may
direct such persons or classes of persons as he may think neces-
sary or fit, to be summoned or ordered to appear as parties
to such claim, or on any proceedings with reference to any
account or inquiries directed to be taken or made, or otherwise;
Oral evidence to and all oral evidence given by any person before
such Judge relating to such claim, shallbe upon
the oath of the person giving the same, to be administered by or
before
be on oath.

566
16 Vict. COUNTY COURTS EQUITY ACT, (c. w.) Cap. 119, 1853.

before said Judge ; and further, in default of the Defaults.
appearance of either of the parties, the said Judge may make
such Order as to the payment of costs by the party in default, as
tohim may seem meet.
Unless a Jury
be applied for to
trythe facts : as
itmay be.
VIII. And be it enacted, That the said Judge of County Judge to
the County shall be the sole Judge in all actions bethe soleJudge.
brought in the said County Courts respectively under the juris-
diction given by this Act, and shall determine in a summary
manner all questions of law or equity as well as offact arising
therein, unless the said Judge shall think it proper to have any
fact or facts controverted in the action tried by a
jury, or either party shall apply to have such
facts tried by a Jury ; and upon order made allow-
ing a trial by Jury, such trial shall take place at
the then next ensuing Sittings of such County Court, and be
conducted in the same manner as other trials by Jury in the
said Court are conducted, and the Judge may, unless a new
trial be moved for within tendays after verdict New trial.
rendered, proceed to make such Order and Decree on the ver-
dict of such Jury as according to the nature and circumstances
of the case shall seem just and proper.
to be as in
Chancery.
Certain powers
vested in the
Court.

IX. And be it enacted, That the Rules of deci- Rules ofdecision
sion in the said County Courts respectively, in
respect to the matters afarosaid, shall be the same
as govern the said Court of Chancery, (when not otherwise
provided for by or under the authority ofthis Act) so far as the
same may be held to be applicable to a Court of Summary
Jurisdiction. And the said County Courts respec-
tively, shall possess full power and authority to
enforce and compel obedience to their Orders,
Judgments and Decrees, in respect to all and singular the
matters hereinbefore and hereinafter set forth and contained ;
and that all Sheriffs, Gaolers, Coroners, Constables and other
Peace Officers, shall be aiding, assisting and obeying the said
County Courts respectively, in the exercise of their jurisdiction,
when required by any County Court so to do.
amend the Clatm
in furtherance
ofjustice.
X. And be it enacted, That the Judge of the Judgemay
said County Court may at any time, in further-
ance of justice and on such terms as he may
think proper, amend such claim so filed as
aforesaid, and any and every proceeding relating thereto, by
adding or striking out the name of any party, or a mistake in
any other respect, or by inserting other alegations, material
to the case, or by conforming such claim or proceeding to
the facts proved, where the amendments shall not change
substantially the form ofthe action, and may also in any stage567 of

16 Vict. COUNTY COURTS EQUITY ACT, (c. w.) Cap. 119, 1853.

of the proceedings disregard any error or defect which shall not affect the substantial rights of the adverse party, and may make any Order for granting time to the Plaintiff or Defendant to proceed in the prosecution or defence of his suit that to such Judge may seem necessary for the ends ofjustice.
How Orders XI. And be it enacted, That every Order by themay be enforced. Judge of the County Court, made upon the hearing of any such claim as aforesaid, or in respect to such claim and suit, or in respect to the matters hereinbefore or hereinafter mentioned, may be enforced in the same manner as any Judgment or any Order of a County Court is or may be enforced in the said County Court, under the existing provisions of law in relation to the said Courts, so far as such provisions are applicable, or in such other manner as may be prescribed by Rules to be made in the manner hereinafter mentioned.
Judge to have
the same power
as Court of
Chancery to order
productionof
books, advertisements, &c.

XII. And be it enacted, That the Judge before or upon any hearing or trial, or upon taking any accounts or making any inquiries, shall have the same powers and authority to order the parties to produce books, papers and writings as is possessed by the Court of Chancery, and may cause advertisements for Creditors and next of kin, or other unascertained persons, and the representatives of such as may be dead, to be published in the usual forms or otherwise, as the circumstances may require, and in such advertisements, appoint a time within which such persons are to come in and prove their claims, and within which time, unless they so come in, they are to be excluded from the benefit of the Order.
No order, &c.,
to be quashed for want of form.

XIII. And be it enacted, That no Order, Direction, Verdict, Decree or Judgment, or other proceeding made concerning any of the matters aforesaid, shall be reversed, quashed or vacated for want of form.
Summons when to be served

. XIV. And be it enacted, That every Summons,
(except the Summons at the commencement of
the action,) Order, Notice or other proceeding, shall be served
ten days at least before the day on which the same is returna-
ble, or the action thereunder, intended, except where otherwise
directed by the said Judge.

Costs. XV. And be it enacted, That the costs in every
action or proceeding brought or had under the authority of this
Act in the said County Courts respectively, shall be paid by or
apportioned between the parties in such manner as the Judge
shall think fit, and that in default of any special directions the
costs shall abide the event of the action or proceeding.

568 XVI.
16 Vict. COUNTY COURTS EQUITY ACT, (c. w.) Cap. 119, 1853.

XVI. And be it enacted, That all affidavits to Affidavits.
be used in the said County Courts respectively may be sworn
before any Judge or Clerk of the said Courts, or before any
Commissioner for taking affidavits in the Superior Courts at
Toronto.
Claims may in
certain cases be
removed into
Chancery,

XVII. And be it enacted, That any claim as
aforesaid entered in a County Court under the
provisions of this Act, shall be removable by either
party into the Court of Chancery by Order of the said Court to
be obtained on a summary application by motion or petition sup-
ported by affidavit, of which reasonable notice shall be given to
the opposite party, and the said Order shall be made on such
terms as to payment of costs, giving security in respect to the relief
claimed and costs, or upon such other terms as to the said Court
ofChancery shall seem reasonable, just and proper ; but no claim
shall be so removed as aforesaid, unless the said Court of Chan-
cery shall be of opinion that the same is of such a nature as to
render it proper that the same should be withdrawn from the
jurisdiction of the said County Court, and disposed of in the said
Court of Chancery.
Chancery.
XVIII. And be it enacted, That either party Appeal given to
may appeal to the said Court of Chancery against
any Order or Decree made by the Judge in any County Court
under the provisions of this Act ; and the said Court of Chancery
shall make such Order thereupon in respect to costs or otherwise,
or for referring back the same matter to the Judge before whom
the same has been first heard, as shall be just and proper ;
Provided always, That before the County Court Proviso.
Judge shall be called on to certify the said Order or other matter
appealed against to the said Court of Chancery, the party ap-
pealing shall enter into a recognizance, with sufficient bail to
the satisfaction of the said Judge, to pay the sum decreed in case
no relief shall be had on such appeal, or to obey the said Order,
(or as the case may be,) and that when the party appealing
appears by Attorney, an affidavit shall be made by such Attor-
ney, that the appeal is not intended for delay as he believes, and
that there is in his opinion probable cause for reversing the Order
or Decree against which the appeal is made ; and
the said Court of Chancery shall specially make makeregulations.
the necessary regulations for the practice to be observed in pro-
ceedings under this and the next preceding section.

XIX. And in order that procedure under this Act may be fully traced out, and from time to time be improved and rendered as simple,speedy and cheap as may be-Be it enacted, That it shall be the
duty of the Judges of the said Court of Chancery,

569
Chancery may
Chancery to
frame general
Rules and Orders
for carrying thisAct into effect.
and they are
hereby

16 Vict. COUNTY COURTS EQUITY ACT, (c. w.) Cap. 119, 1853.

hereby authorized and empowered to frame such General Rules andOrders and all such forms as to them shall seem expedient, for and concerning the practice and proceedings in the said County Courts in relation to the powers conferred on such Courts by this Act, and for the execution of the Orders and Process under thisAct, and in relation to any of the provisions thereof as to Andmayamend which there may arise doubts; and from time tothe same. Their effect. time to alter and amend such Rules, Orders and
Forms, and also the forms and mode of procedure prescribed by this Act; and such Rules, andOrders and Forms as shall be made and framed by the said Judges or any two ofthem, (of whom the Chancellor of Upper Canada shallbe one,) shallfrom and after a day to be named therein, be in force in every County Court in Upper Canada, and shall be of the same force and effect as if the same had been embodied in this or some other Act of Parliament.
Fee Fund.
accounted for,&c.
Fees
payable to XX.
And be it enacted,
That there shall be payable on every proceeding for equitable relief or other proceeding under this Act
in the said
County
Courts
re-spectively
,
the fees
which
are
set
down
for
such
proceeding
respectively
in
the
Schedule
to
this
Act marked
C
,
and
that
the
Clerks
of the
said
County
Courts
respectively
,
shall
keep
a
sep-
arate
account
of such
fees
,
and
shall
render
an
account to
the
Receiver General
of
fees
in
his
County
,
and
shall
pay
over
the
amount
of such
fees
to
such Receiver General
,
under
the
same
How
to
be
liabilities
,
securities
and
conditions
,
and
to
be
ac-
counted
for
in
like
manner
as
the
present
General
Fee Fund
of the
County
,
and
that
the several provisions
of
the
Act
passed
in
the
eighth
year
of
Her
Majesty’s
Reign
and
intitu-
led
,
An
Act
to
amend
,
consolidate
and
reduce
into
one
Act
,
the several
Laws now
in
force
,
establishing
or
regulating
the practice
of
District
Courts
in
the
several Districts
of
that
partof
this
Provinceformerly
Upper Canada
,
in
relation
to the
re-
ceiving
,
accounting
for
and
paying over
fees
,
and
in
relation to
the
responsibilities
and
duties
of
County
Treasurer
and
Clerks
,
shall
apply
to
the
fees
under
this
Act
as
fully
as
if
the said
pro-
visions
were
herein contained
and

re

enacted
.
8V. c. 13.
Other Fees. XXI. And be it enacted, That there shall be
payable to the Clerk of every County Court, and to the Sheriff
ofevery County respectively, the fees which are set down for
such proceedings respectively in the Schedule to this Act annex-
ed marked D, and that the scale of costs to be paid to Attorneys
and Counsel in the said County Courts, as between party and
party, for proceedings under this Act, shall be according to Sche-
dule E to this Act annexed.
XXII. And be it enacted, That if any action or
proceeding be commenced in the said Court of
No costs to Plain-
tiffproceeding in
570
Chancery

16Vict. COUNTY COURTS EQUITY ACT, (c. w.) Cap. 119, 1853.
thisChancery after this Act shall come into force, for Chanceryinstead
any cause or claim which might have been entered Act.
in a County Court under this Act, no costs shall be taxed against
the Defendant in such action or proceeding, and the Defendant,
if he shall succeed in his action, shall be entitled of right to a
Decree against the Plaintiff for his costs, as between Exception.
Attorney and Client, unless the said Court of Chancery shall be
ofopinion that it was a fit cause or claim to be withdrawn from
a County Court and entered in the said Court of Chancery.
This Act incorpo-
ratedwith other
CountyCourt
Acts.

XXIII. And be it enacted, That this Act, and
the several Acts of Parliament now in force relat-
ing to County Courts, or affecting in any way their
powers or practice, shall be read and construed as one Act, as if
the several provisions therein contained, not inconsistent with
theprovisions of this Act, or inapplicable to an equitable juris-
diction, were repeated and re-enacted in this Act.
clause.
Person.

XXIV. And be it enacted, That in construing Interpretation
this Act and the Schedules thereto, the following
words shall have the several meanings hereby assigned to them
over and above their several ordinary meanings, unless there be
something in the subject or context repugnant to such construc-
tion, viz.: The words ” person” or ” party” shall
be understood to mean abody politic or corporate as well as an
individual, and every word importing the singular Singularnumber.
number, shall, when necessary to give full effect to the enact-
ments herein contained, be understood to mean several persons
or things as well as one person or thing ; and every word import-
ing the masculine gender shall, when necessary, be Gender.
understood to mean a female as well as a male ; and the word
” affidavit” shall include affirmation, and the word
” legacy” shall include an annuity and a specific
as well as a pecuniary legacy; the word ” legat-
tee” shall include a person interested in a legacy ;
and the words ” residuary legatee” shall include a person inte-
rested in the residue ; and the word ” County” County.
shall include any two ar more Counties united for judicial pur-
poses.
Affidavit.
Legacy.
Legatee,&c.

Short Title ofXXV. And be it enacted, That in citing this
Act in other Acts of Parliament, and in legal in- thisAct.
struments and other proceedings, it shall be sufficient to use the
expression, ” The County Courts Equity Extension Act.”

XXVI. And be it enacted, That this Act shall commence and take effect on the Thirty-first day of December next after the passing hereof.

571
Commencement of Act.
SCHEDULE A.

16Vict. COUNTY COURTS EQUITY ACT, (c. w.) Cap. 119, 1853.
SCHEDULE A. (See Section III.)
In the County Court of the County of
A. B. , of the Township of
states, thatfrom the
the
Township of day of day of in the said County,
downto
he, and C. D., of the
in the said County, carried on the
in copartnership, under certain articles ofbusiness of
copartnership, dated the dayof and
made between the said A. B. and the said C. D., on the
dayof (or under a verbal agreement,
&c., as the case may be), that the said Copartnership was dissolved
(or expired, as the case may be,) on the dayof
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. В.
and C. D., may be taken, and the affairs and business of the said
Copartnership wound up and settled under the directions of the
Court, and such further relief given as may be just and proper.
And the said A. B. requests that a Writ of Summons be issued
from the Court, according to the Statute in that behalf, requiring
the said C. D. to appear on the day of
before the Judge of the Court, to show cause, ifhe 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.)
SCHEDULE B. (See Section V.)
Victoria, &c.,
(County of
To C. D. of ) GREETING :
[L. S.] You are hereby summoned to appear either in person
or by attorney before His Honor the Judge of the County Court
of the County of
town of
onthe dayof
at twelve o’clock noon, at the Court House in the
to answer the complaint of A. B. of the,
&c. , who has filed a claim against you in this
Court fot an account of the dealings and transactions respecting
a partnership between you and the said A. B. now expired, (or
as the same may be, stating briefly the nature ofthe claim) acertifi-
Icopy ofwhich claim is hereunto attached, and you are required
then and there to show cause, if you can, why such relief as is
claimed by the said A. B. should not be had, or why such Order
ed
572 as
16 Vict. COUNTY COURTS EQUITY ACT, (c. w.) Cap. 119, 1853.
as shall be just, with reference to the claim, shall not be
made.
Witness
,
Court
of the
County
of
day
of
Esquire
,
Judge
of
the
County
at this
SCHEDULE
C.
(
See
Section
XX
.
)
Fees
to
be
received
by
the
Clerk
and
to
belong
to
and
to
be
paid
over
to
the
Fee
Fund
.
Every
claim
filed
,
One
Shilling
and
Three
Pence
;
Every
Writ
of
Summons
,
or other
Writ
under
the
Seal of the
Court
,
One
Shilling
and
Three
Pence
;
every
Order
or
application
for
Order
,
One
Shilling
and
Three
Pence
;
every
Hearing
,
Five
Shillings
,
to
be
increased
in the
discretion
of the
Judge
to
a
sum
not exceeding
Ten
Shillings
;
every
Oath
administered
in
Court
,
One
Shilling
;
every
certificate
under
Seal
of
Court
,
One
Shilling
and
Three Pence
;
every
Sitting
in taking
an
account
,
or
other
Sittings
,
Five
Shillings
.
SCHEDULE
D.
(
See
Section
XXI
.
)
Fees
to
the
Clerk
.
Receiving
and
filing
Claim
,
Four
Pence
:
every
Writ
of
Sum-mons
,
or
other
Writ
,
One
Shilling
;
filing
every
separate
paper
,
Three Pence
;
preparing
Order
,
One
Shilling
and
Four Pence
per
folio
for
every
folio
over
three
;
taking
any
Affidavit
other
thanoath
in
open
Court
,
One
Shilling
;
every Search
,
Six Pence
;
re-
cording
every
final
Order
or
Decree
,
One
Shilling
;
other
Orders
,
Six
Pence
;
every
Certificate
not exceeding
three
folios
,
One
Shilling
;
every
Special
Writ
,
Writ
of Execution
or other
Spe-
cial
Document
,
Eight Pence
per
folio
;
taxing
costs
,
One
Shilling
;
every
attendance
on
reference
,
Five
Shillings
;
every
Verdict
taken
,
Two
Shillings
and
Six
Pence
.
Fees
to the Sheriff
.
Every Summons
or
Order
served
,
including
Return
,
Two
Shil-
lings
and
Sixpence
;
every Jury sworn
,
Two
Shillings
and
Six-
pence
;
every Execution or
Judgment Order
received
,
One
Shil-
ling
and
Three Pence
;
return thereof
,
money made
or partyarrested
,
One
Shilling
and
Three
Pence
;
necessary mileageactually
travelled
,
Four Pence per
mile
;
and
for
other services
,
a
sum
to
be
fixed
by
Order of the
Judge not exceeding the pre-
sent
allowance
by
Statute for similar services
.
SCHEDULE
E.
(
See Section
XXI
.
)
ATTORNEY AND
SOLICITOR
.
Instructions to sue or defend
,
Two
Shillings
and Six Pence
;
Drawing Claim
,
Two
Shillings
and Six Pence
;
Fee on every
573 Writ
16Vict. REAL PROPERTY ACT AMEND. (C. w.) Cap. 121, 1853.
Writ or Order, One Shilling and Three Pence ; Common Affida-
vits, One Shilling ; Common Notice or Appointment, One Shil-
ing ; Every necessary Attendance, Six Pence ; Special Affida-
vits and other Special Documents, Eight Pence per folio : Fee
on Common Motions, One Shilling and Three Pence; Copy of
every paper when necessary, half the amount allowed for the
Original; Bill of Costs, One Shilling ; Postages actuallypaid.
COUNSEL.
Fee on Special Applications, Arguments, Hearings, &c., Ten
Shillings, to be increased at the discretion of the Judge to
Twenty-five Shillings.
REAL PROPERTY ACT, ( C. W. ) AMENDMENT.
CAP . CXXI .
AN
ACT TO
AMEND THE LAW
RESPECTING
REAL PROPERTY IN CANADA
WEST
,
AND
TO
RENDER THE
PROCEEDINGS
FOR RECOVERING
POSSESSION
THEREOF
IN
CERTAIN
CASES
,
LESS DIFFICULT
AND
EXPENSIVE
.
Preamble. W
[Assented to, 23rd May, 1853.]
HEREAS doubts have been entertained as
to the effect of a certainAct of the Parlia-
ment of the late Province of U. C., passed in the fourth year of
the Reign of His late Majesty King William the Fourth, intituled,
An Act to amend the law respecting Real PropertyAct of C. W.
4W. 4 c. 1. and to render the proceedings for recoveringposses-
sion thereof in certain cases, less difficult and expensive, so far
as the same relates to Mortgages, and it is expedient that such
doubts should be removed: Be it therefore declared and
Mortgageemay
make entry or
bring suit, at any
timewithin
twenty years
from the last
payment.
enacted, &c., That it shall and may be lawful for
any person entitled to or claiming under any
Mortgage of Land, being Land within the defini
tion contained in the fifty-ninth Section of the
Act cited in the Preamble to this Act, to make an
Entry or bring an Action at Law or Suit in Equity to recover
such Land, at any time within twenty years next after the
last payment of any part of the principal money or interest
secured by such Mortgage, although more than twenty years
have elapsed since the time at which the right to make such
Entry, or bring such Action or Suit in Equity, shall have first574 accrued:
16Vict. SMALL CAUSES, SUMMARY DEC. (C. E.) Cap. 14, 1852.
Proviso
as
to
existing
suits
,
&
c
.
accrued
:
Provided
always
,
that
this
Act
shall
not
be
held
to
affect
any
title
,
possession
,
interest
or
case
which
may
be
in
litigation
at the
time
of
the passing of
this
Act
;
any
thing
in
the
said
Act
to
the
contrary
notwithstanding
.
SMALL
CAUSES
,
SUMMARY
DECISIONS
, (
C.E.
)
CAP
.
XIV
.
AN
ACT
TO
AMEND
THE
ACT PROVIDING
FOR
THE SUMMARY
DECISION
OF
SMALL
CAUSES
IN
CANADA
EAST
.
W
[
Assented
to
,
10th
November
,
1852.
]
shewn
the
Preamble
.
Her
Majesty’s
Act
7.
V.
c
.
19
.
Be
it
there-
Court
may
be
discontinued
on
petition
of
an
absolute
majority
place
.
of the
Municipal
Electors
of
the
HEREAS
experience
hath
necessity
of
introducing certain
alterations
in
the
pro
visions
of
an Act
passed in
the seventh
year
of
Reign
,
intituled
,
An
Act
to
provide
for
the
Sum-
mary
Trial
of
Small Causes
in
Lower
Canada
;
fore
enacted
,
&
c
.
,
That on
a
petition
signed
byan
absolute
majority
of
the
inhabitants
of
a
Pa-
rish
,
Seigniory or
Township
in
Lower
Canada
,
in
which
there
now
is
,
or
in
which
there
may
then
be
a
Court
for
the
trial
of Small Causes
,
and
who
are
entitled
to vote at the
election
of Municipal
Councillors
,
which
petition shall
have
annexed
to
it
a
Certificate
of at
least
three persons
residing
in
such
Parish
,
Seigniory or
Township
,
(
and
who
shall
be
respectively either Justices
of
the
Peace
or
Officers
of Militia
holding
rank
higher
than
an
Ensign
,
)
certi-
fying that the persons signing the
petition
do
really
form
abso-
lute
majority
of
the
Municipal
Electors
residing
insuch
Parish
,
Seigniory or
Township
,
the said
petition
praying
that
the
Com-
missioners
‘
Court in the said Parish
,
Seigniory
or Township
may
be suspended or
discontinued
,
it
shall
be
lawful
for
the
Governor
in Council
to
suspend or
discontinue
it
;
Proviso
.
Provided always
,
that
after
the passing of
this
present
Act no
Commissioners
‘
Court
shall
be
established

or re

establised
,
unless
on a
petition
signed
by an
absolute majority
of the
Municipal Electors of
a
Parish
,
Seigniory or Township in
Lower Canada
,
and
certified
as
aforesaid
.
575 SMALL

16Vict. SMALL CAUSES ACT AMENDMENT, (C. E.) Cap. 202, 1853.
SMALL CAUSES ACT AMENDMENT, (C. E.)
CAP.CCII .
AN ACT TO AMEND THE LAWS RELATIVE TO COMMISSIONERS’ COURTS FOR
THE TRIAL OF SMALL CAUSES IN CANADA EAST.
Preamble.
W
[Assented to, 14th June, 1853.]
HEREAS for the prevention offraud, it is
expedient to make provision for the due
attestation of the signatures to the Petitions for the discontinu-
ance or re -establishment of Commissioners’ Courts, under the Act
16 Vict. c. 14. passed in the present Session and intituled, An Act
to amendthe Act providingfor the summary decision ofSmall Causes
in Lower Canada : Be it therefore enacted,&c.,That
before any Petition underthe Act citedinthe Pream-
amble ofthis Act, either for the discontinuance or
for the re-establishment of a Commissioners’ Court
Signatures of
Petitioners under
16 Vict. c. 14, to
be attested on
oath, and in what
manner .
in any Parish, Seigniory or Township, shall be certifiedby any Just-
ice ofthe Peace or Officer of Militia, as being signed by an absolute
majority of the Municipal Electors residing in such Parish, Seig-
niory or Township, each signature shall be attested on oath, be-
fore some Justice of the Peace residing in the County in which
such Parish, Seigniory or Township shall lie, by some Municipal
Elector of such Parish, Seigniory or Township known to such
Justice of the Peace, in the following form, or words to the like
effect:
Form
of
oath
.
“
I
,
M.
N. swear
that
A.
B.
,
C. D.
and
E.
F.
(
“
inserting the
names of
the
party or
parties
whose
signature
or
“
signatures
is
to
be
attested
,
)
signed the
above
written
Petition
in
“
my
presence
;
that
I
am
personally
acquainted
with
him
(
or
“
them
) and
know
that
he
is
(
or
each of
them
is
)
a
Municipal”
Elector of
the Parish
(
Seigniory or
Township
)
of
(
if
“any
of
the signers
make
their
marks
instead
of
signing
their
“names
,
add
,
)
and
that the said
Petition
was
readover
distinctly
” and
explained
to
those
of
the said signers
who
have
made
their
“marks
thereto instead
of
signing their
names
.
“
Attestation.
(Signature,) M. Ν.
” Sworn before me, one of Her Majesty’s Justi-

• ces of the Peace for the County of by M. N., (trade,
  “profession or quality) who is personally knownto me as a Mu-
  “nicipal Elector of the Parish (Seigniory or Township) of
  “day of
  and as a person worthy of credit, at this
  one thousand eight hundred and fifty-
  576
  “
  Ο. Κ.
  J. P.
  And
  14 & 15 Vict. MUNICIPAL CORPORATE BODIES, (c. w.) Cap. 57, 1851.
  Unattested sig-
  natures not to be
  counted.
  Proviso
  .
  And if any signature be not so attested, it shall
  not be counted in ascertaining the number of per-
  sons signing such Petition ; Provided always, that
  the signatures of different signers of any Petition may be attes-
  ted by different witnesses, and any number thereof may be
  attested by one witness, andthat the mark of anyperson attested
  as aforesaid shall be counted as a signature.
  MUNICIPAL CORPORATE BODIES AC-
  QUIRING PUBLIC WORKS, (C. W.)
  CAP . LVII .
  AN ACT TO REMOVE DOUBT AS TO MUNICIPAL CORPORATE BODIES AC-
  QUIRING PUBLIC WORKS WITHOUT THE LIMITS OF SUCH MUNICIPALI-
  TIES, IN CANADA WEST.
  WH
  [Assented to, 30th August, 1851.]
  Preamble.HEREAS in and by an Act passed in the
  twelfth year of Her Majesty’s Reign, in- 12Vic.,c. 5, cited.
  tituled, An Actfor the better management of the Public Debt, Ac-
  counts, Revenue, and Property, it is provided, That it shall be
  lawful for the Governor in Council to enter into arrangements
  with any of the Municipal or District Councils, or other local
  Corporations or authorities, for the transfer of them to any of the
  Public Roads, Harbours, Bridges, or Public Buildings, which it
  may be found more convenient to place under the management
  of such District or Municipal Council, or other local or
  authority; And whereas it isdoubtful whether, under the provi-
  sions of the said Act, any District or Municipal Council, or local
  Corporation or authority, could acquire any such Public Roads,
  Harbours, Bridges, or Public Buildings situate beyond and with-
  outthe limits of such District or Municipal Council, or other local
  Corporation or authority ; And whereas it is expedient to remove
  such doubt : Be it therefore enacted, &c., That it
  shall and may be lawful to and for any Municipal
  Corporation, or other local corporate body or
  authority, to contract for, purchase, acquire and
  hold any such Public Roads, Harbours, Bridges or Public Build-
  ings, which, in and by the said recited Act, could lawfully be
  disposed of, whether the same be situate within the limits ofsuch
  Municipal Corporation, or other corporate body or authority, or
  otherwise577
  Corporations em-
  poweredtoac-
  roads,&c.,beyond
  quirepublic
  limits.
  14& 15Vict. MUNICIPAL CORPORATE BODIES, (C.W.) Cap. 57, 1851.
  otherwise ; anything in the said recited Act to the contrary not-
  withstanding.
  Penalty for dam-
  ages to the road. II. And be it enacted, That if any person or
  persons shall cut, break down, or destroy in any
  other way any of the Gates or Toll-houses erected on any road
  whereon Tolls may lawfully be taken, every such person so
  offending, and being lawfully convicted, shall be deemed guilty
  of a misdemeanor, and be punished by fine and imprisonment ;
  and if any person or persons shall place or remove any earth,
  stone, or timber on any such road, to the damage ofthe same, or
  shall forcibly pass or attempt to pass any of the Gates without
  having first paid the legal Toll at such Gate, such person or per-
  sons shall pay all damage by him or them committed, and shall
  forfeit and pay a fine of not more than Five Pounds, nor less
  than Ten Shillings, to be recovered before any Justice of the
  Peace ofthe County or United Counties, or Mayor or Chief Officer
  of any City, Town, or Incorporated Village, in which such Toll
  Gate is situate.
  levied.
  Fines, &c., how III. And be it enacted, That the fines and for-
  feitures authorized to be imposed by this Act, shall
  be levied and collected by distress and sale of the offender’s goods
  and chattels, under the authority of any Warrant or Warrants to
  be issued for that purpose by such Justice as aforesaid, or any
  other Justice of such County or United Counties, or Mayor or
  Chief Magistrate of any City, Town, or Incorporated Village in
  such County or United Counties, who is hereby empowered to
  grant the same.
  Persons
  evading
  payment
  of
  tolls
  fined
  .
  IV. And be it enacted, That if any person or
  persons shall, after proceeding on such road with
  any of the carriages or animals liable to pay Toll, turn out of
  the same road into any other road,and shall enter the said road
  beyond any ofthe said Toll-gates, withoutpaying Toll, whereby
  such payment shall be evaded, such person or persons shall, for
  every such offence, forfeit and pay the sum of Five Shillings, to
  be recovered before any Justice of the Peace for the County or
  United Counties in which such road is situate.
  Fines, &c., to
  whompaid. V. And be it enacted, That all fines and for-
  feitures collected under authority of this Act, shall
  be paid to the Treasurer of the local authorities or Companies
  owning the respective roads in respect of which such fines and
  forfeitures shall be imposed, for the use of such local authorities
  and Companies respectively.
  Corporations
  boundtorepair
  road.
  VI. And be it enacted, That every such local
  corporate body or authority shall keep every such
  roadingood and sufficient repair, and upondefault thereof, shall
  and maybe indicted at any Court of General Quarter Sessions
  578 of
  16 Vict. CON. MUNICIPAL LOAN FUND ACT, (c. w.) Cap. 22, 1852.
  Penalty incurred
  forneglecting the
  same.
  of the Peace or other Court of Superior Jurisdiction of any
  County or Union of Counties within or along the boundary of
  which such road shall be out of repair, and upon being convict-
  ed, the Court before which such conviction shall be had, shall
  direct such local corporate body or authority to make the neces
  sary repairs, for the want of which such prosecu-
  tion shall have been commenced, within such time
  as to the Court shall seem reasonable ; and that
  in case such repairs shall not be completed within such time, the
  County Council of the locality within or along the limits of which
  the road may be situate in part or wholly, shall and may cause
  the necessary repairs to be made, and the amount expended on
  such repairs, together with twenty-five per cent. of increase
  thereon, shall and may be recovered from the corporate body or
  authority owning the road, and neglecting to make such re-
  pairs, by action ofdebt in any Court of competent jurisdiction.
  Exacting unfair
  tolls punishableVII. And be it enacted, That any person or
  persons appointed to collect Tolls at any Toll- byfine.
  gates in Upper Canada, who shall demand Tolls at a higher
  rate than is authorized by law, from any person or persons pass-
  ing through the same, or wilfully make any unnecessary delay in
  opening the same, shall incur a penalty ofOne Pound Five Shil-
  lings, to be levied in the same manner as other penalties im–
  posed by this Act.
  VIII. And be it enacted, That this Act shall
  apply only to Upper Canada.
  Act limited.
  MUNICIPAL LOAN FUND ESTABLISHED..
  (C. W. ) :
  САР . ХΧΙΙ .
  ACT TO ESTABLISH A CONSOLIDATED MUNICIPAL LOAN FUND FOR:
  W
  CANADA WEST.
  [Assented to, 10th November, 1852:]
  HEREAS it would greatly facilitate the Preamble.
  borrowing, upon advantageous terms, of such sums as
  may be required by any County, City, Town, Township or
  Village Municipality in Upper Canada, for effecting or aiding
  ineffecting important Works calculated to benefit such County,
  579 City,
  16Vict. CON. MUNICIPAL LOAN FUND ACT, (C. w.) Cap. 22, 1852.
  City, Town, Township or Village, that such sums should be
  raised by Debentures issued upon the credit of a Consolidated
  Municipal Loan Fund under the management of the Provincial
  Government, instead of being raised uponthe separate credit of
  each individual Municipality : Be it therefore enacted, &c.,
  Consolidated That there shall be a Consolidated Municipal Loan
  Municipal
  Loan Fund
  established.
  Fund of Upper Canada, to consist of all moneys
  which under this Act or any other Act shall be
  directed to form part of the said Fund; and such Fund shall
  be managed by the Receiver General, under the direction ofthe
  Governor of this Province in Council, and the Books and
  Accounts thereof shall be kept in his Office.
  Municipalities
  may
  borrow
  money
  on
  the
  credit
  of
  such
  Fund
  for
  certain
  purposes
  .
  II. And be it enacted, That it shall be lawful
  for the Corporation of any County, City, Incorpo-
  rated Town, Township or Village, by By-law to
  authorise any sum of money to be raised on the
  credit of the said Consolidated Municipal Loan Fund, and to
  appropriate such sum or so much thereofas may be found re-
  quisite, todefray the expense ofbuilding or improving anyGaol
  or Court House for the use ofsuch Municipality, or for acquir-
  ing, making, constructing or completing, or assisting in the
  making, construction or completion of any Rail-road, Canal or
  Harbour, or for the improvement ofany navigable river, within
  or without the Municipality, but the acquisition, making or con-
  struction whereof will benefit the inhabitants of such County,
  City, Town, Township or Village, and by such By-law to
  declare the purposes to which the sum so to be raised shall be
  applied, and to make such other provisions as maybe requisite
  for ensuring the due application of such money, and the attain-
  ment of the objects contemplated by such By-law; and that it
  shall be lawful for the Corporation of any City or County by
  By-law to authorize any sum of money to be raised on the
  credit of the Consolidated Municipal Loan Fund, and to appro-
  priate such sum or so much thereof as may be found necessary
  to defray the cost of making or improving any Bridge, Maca-
  damized, Gravel or Planked Road, within or without the
  Municipality, but the making or improving whereof will benefit
  the inhabitants of such County or City, and by such By- law to
  declare the purposes to which the sum so to be raised shall be
  applied, and to make such other provisions as may be requisite
  for ensuring the due application of such money, and the attain-
  ment of the objects contemplated by such By-law.
  How a Munici-
  pality may assist
  in any under-
  taking.

1. By any such By-law it may be provided that
   the assistance of the Municipality shallbe granted
   towards making, constructing, or completing any
   such Rail-road, Bridge, Macadamized, Gravel or Planked Road
   Canal or Harbour, or towards the improvement ofany naviga-
   580 ble

16 Vict. CON. MUNICIPAL LOAN FUND ACT, (c. w.) Cap. 22, 1852.
ble river, either by subscribing on behalf of the Municipality
for Stock in any Company incorporated for making, construct-
ing or completing the same, or by loaning money to such
Company, or any Board of Commissioners incorporated for any
ofthe above purposes, in which case the security to be taken
from the Company or Board of Commissioners, and the other
terms of the loan shall be mentioned in the By-law.
What provisions
the By-law mustcontain.

2. The By-law shall recite that the loan isto be
   raised under the provisions of this Act, and shall
   express the term for which the loan is required,
   which shall not in any case exceed thirty years, nor be less than
   five years.
   Further
   provi-
   sions
   required
   in
   By-law.
3. If the By-law be passed by a County Council
   the principal and interest ofthe loan shall be pay-
   ableby all the Townships, Towns and Villages
   in the County, and the County Treasurer shall in each year
   apportion the amount to be paid by each, according to the
   amount of property returned upon the Assessment Rolls of such
   Townships, Towns and Villages respectively, for the financial
   year next preceding that for which the apportionment is to be
   made.
   before
   passing
   .
4. Such By-law, or every material provision Tobe published
   thereof, shall be published for the information of
   the Rate-payers, for at least one month before the final passing
   thereof, in some newspaper published weekly or oftener, within
   the territorial jurisdiction of the Municipality, or if there be no
   such newspaper published within such jurisdiction, then in some
   newspaper published in the place nearest to such jurisdiction,
   and also by posting the same up in at least four public places in
   the Municipality, (and if it be a By-law of a County Council
   then in each Municipality in such County) with a notice, signed
   by the Clerk of the Municipality in the Council of which the
   By-law originated, signifying, that it is a true copy of a By-law
   which will be taken into consideration by the Council of the
   Municipality after the expiration of one month from the first
   publication thereof in such newspaper, (the date of which first
   publication shall be mentioned in such notice,) and that on some
   day and at some hour and place, (or if the Meeting be for a
   County By-law, places,) named inthe notice, and which shall
   have been previously fixed by the said Council, such day not
   being less than three weeks, nor more than four weeks after
   such first publication, a General Meeting of the Generalmeetings
   of electors.
   qualified Municipal Electors of the Municipality,
   (or of the several Municipalities within the County,) will be
   held for the purpose of considering such By-law, and approving
   or disapproving the same.
   581 5..
   16 Vict. CON. MUNICIPAL LOAN FUND ACT, (C. w.) Cap. 22, 1852.
   such
   meeting
   .
   Proceedings at 5. On the day and at the hour and place (or
   places) appointed by such notice as aforesaid, the
   qualified Municipal Electors, or such of them as choose to
   attend the Meeting, shall take the said By-law into considera-
   tion, and shall approve or disapprove the same ; and at such
   Meeting the Mayor or Reeve of the Municipality in which it is
   held shall preside, or in his absence some other Member of the
   Council of such Municipality to be chosen by the Meeting, and
   the Clerk of such Municipality shall act as Secretary ; and it
   shall be the duty of the said Clerk to have with him the Assess
   ment Rolls of the Municipality then in force, or certified copies
   thereof: The only question to be determined at such Meeting,
   shall be whether the majority of the Municipal Electors present
   thereat, do or do not approve of the said By-law; and when the
   question has been put, the person presiding shall declare
   whether in his opinion the majority is for the approval or dis-
   approval of the By-law, and his decision if not forthwith appealed
   from, shall be final, and it shall forthwith be communicated to
   the Council of the Municipality which originated the By-law, by
   a certificate under the hand of the Secretary of the Meeting.
   demanded.
   Apoll may be 6. Any six duly qualified Municipal Electors
   present at any such Meeting may appeal from the
   decision ofthe person presiding, anddemand a Poll, and such
   Poll shall be granted by the person presiding at the Meeting, and
   shall be immediately taken by him, the Clerk ofthe Municipality
   acting as Poll Clerk : each Elector shall then present himself in
   turn to the person presiding, and shall give his vote “yea” or “nay,”
   the word ” yea” meaning that he approves the proposed By-law,
   and the word ” nay” that he disapproves the same:-but no
   person’s vote shall be received unless he appears by the Assess-
   ment Rolls to be a duly qualified Municipal Elector.
   Adjournment
   of
   Poll
   . 7. The person presiding may, if necessary,
   adjourn the Poll at sunset on the day of meeting,
   until ten o’clock in the forenoon of the following day,not being
   a Sunday or statutory holiday, when the Poll shall be continued
   as on the first day, but shall be closed at sunset of such second
   day:-it shall be closed at any time on the first or second day
   if one half hour shall elapse without a vote being offered.
5. At the close of the Poll the person presidingCloseof thePoll. shall count the “yeas ” and the ” nays,” and ascer-
   tain and certify for the information of the Council which origi-
   nated the By- Law, whether the majority is for the approval or
   disapproval of the said By-Law; and such certificate shall be
   countersigned by the Clerk of the Municipality acting as Secre-
   tary of the Meeting and kept by him, with the Poll List, among
   the records of his office, and a duplicate thereof transmitted to
   the582
   16 Vict. CON. MUNICIPAL LOAN FUND ACT, (C. w.) Cap. 22, 1852.
   the County Clerk if the By-Law originated with a County Coun-
   cil.
   By-law of a9. If the By- Law to be considered be a By-Law
   of a County Council, the meeting to consider the CountyCouncil.
   same, or the poll of the electors, shall not be held for the whole
   County at one place, but such meeting or poll shall be held in
   each of the several Municipalities of such County respectively ;
   and the question whether the By-Law shall be approved or dis-
   approved, either by the majority of the total number of electors
   voting ” yea” or ” nay,” inthe whole County, or by the majority
   of votes of Municipalities approving or disapproving of the
   same, giving to each Municipality one or two votes, according as
   it is by Law authorized to return a Reeve or a Reeve and Dep-
   uty Reeve to the County Council of such County, in which case
   each Municipality shall be held to have voted for the approval
   of the By-Law, if the majority of Electors voting at the Meet-
   ing held therein shall have voted “yea,” and to have voted for
   thedisapproval thereofif the majority of such Electors shall have
   voted ” nay ;” and each such County Council shall make a By-
   Law to provide which of the two modes of decision shall be
   adopted, and shall also thereby declare the manner in which the
   decision of each Municipality, or of the electors thereof, shall be
   made known to the County Clerk.
   Ifdisapproved :
   If approved :
   GovernorGene-ral to approve.
6. If such By-Law be disapproved by the ma
   jority of the Electors (or of the Municipalities)
   as aforesaid, the Council shall not proceed to pass the same, but
   if it be approved by such majority, and afterwards passed by the
   Council, then such By-Law, and all the provisions thereof shall
   be subject to the approval of the Governor in Council, and shall
   have no force until such approval shall have been
   given ; but shall not be subject to the special pro-
   visions made by the Upper Canada Municipal Cor-
   porations Act of one thousand eight hundred and forty-nine, or
   by any Act amending the same, concerning By-Laws creating
   debts, or to any provisions or formalities, except those prescribed
   by the said Acts with regard to By-Laws generally, and those
   proscribed by this Act; and every such By-Law, when submit-
   ted to the Governor in Council for his approval, shall contain a
   recital that it has been approved by a majority of the duly qua-
   lified Municipal Electors (or of the Municipalities) of (or in) the
   Municipality, at a meeting (or meetings) called and held in con-
   formity to the requirements of this Act, and such recital shall
   for all the purposes of this Act be conclusive proof of the facts
   therein stated, nor shall any such By-Law, or anything done un-
   der it, be invalidated by any error of fact or incorrectness in such
   recital; but this provision shall not affect the responsibility of
   those583
   16Vict. CON. MUNICIPAL LOAN FUND ACT, (c. w.) Cap. 22, 1852.
   those who may have wilfully concurred in any mis-statement of
   fact in such recital.
   Information tobe
   furnished toGov-
   ernor.
7. Before such By-Law shall be approved by
   the Governor in Council, proof shallbe made to his
   satisfaction, that the By-Law was published and
   notice given as hereinbefore required, and he shall be furnished
   with a statement certified under oath by the Treasurer of the
   Municipality, shewing the amount of taxable property therein
   according to the then last Assessment Roll or Rolls, and a true
   account of all the debts and liabilities of the Municipality and
   of its expenditure for every purpose, for the then last year.
   Governor in
   Council may de-
   mand further in-
   formation from
   III. And be it enacted, That it shall be lawful
   for the Governor in Council to require from the
   Municipality by the Council whereof any such By-
   theMunicipality. Law shall have been passed, all such documents
   and information as he may think necessary for ascertaining the
   expediency or inexpediency of such By-Law, or any of the pro-
   visions thereof, and the same shall be furnished accordingly by
   the proper Officers of such Municipality, and no such By-Law
   shall be repealed, amended or altered, otherwise than by another
   By-Law approved in like manner by the Governor in Council,
   and to which all the provisions of this Act shall apply, as to the
   original By-Law.
   Receiver General
   to issue Deben-
   tures,&c.
8. So soon as the By-Law shall have been ap-
   proved as aforesaid, it shall be lawful for the Re-
   ceiver General to raise by loan, by Debentures
   issued by him upon the credit of the said Consolidated Munici-
   pal Loan Fund, asum of money not exceeding that authorized
   by such By-Law, and to pay over such sum to the Treasurer of
   the Municipality, or to deliver to him, or to his order, Debentures
   secured upon the said Fund to a like amount, or to pay part of
   such sum in money to the Treasurer, and to deliver to him De-
   bentures for part ; and in any case,he shall enter the amount
   for which Debentures are issued and delivered, to the Debit of
   the Municipality as so much due by it to the said Fund :
   Where payable
   and form of. 2. The principal and interest of the Debentures
   so issued may be made payable at any place with-
   in or without this Province in currency or in sterling money or
   in the currency of the place where they shall be made payable;
   and such Debentures shall be in such form as the Governor in
   Council shall direct, subject to the following provisions :
   How worded. 3. They shall express upon their face that the
   Provincial Government undertakes to pay the principal sum men-
   tioned in them and the interest thereon, out of the monies form-
   ing part of the said Consolidated Municipal Loan Fund, and out
   of no other monies or funds whatsoever :

6 Vict. CON. MUNICIPAL LOAN FUND ACT, (c. w.) Cap. 22, 1852.

4. The principal shallbe made payable at the To conform with
   time provided by the By-law, and the Debentures By-laws.
   shall contain no provisions inconsistent with the By-lawby which
   the loan is authorized, and they shall contain all such provisions
   as may be necessary to carry out the intentions of such By-law :
   Rate of interest,
   and terms atwhich payable.
5. The rate of interest upon them shall in no
   case exceed six per centum per annum, and such
   interest shall be made payable half yearly onsuch
   days in each year as shall be therein apppointed for the purpose;
   but if any Debenture be issued within three months next before
   any such day, then the first interest thereon may be made paya-
   ble onthat one of the half yearly days which shall come next
   after the expiration ofthree months from the date of its issue :
6. They shall be for even sums of money, and no
   Debenture shall be for a less sum than twenty-
   five pounds, or the equivalent thereof.
   To be for even
   sums.
   To contain pro-
   visions as to call-
   ing them in.
7. They shall contain such conditions as the
   Governor shall from time to time, by order in
   Council, direct to be inserted therein, as to the right
   of the Receiver General to call such Debentures or any of them
   in for payment before the time therein absolutely appointed for
   the payment of the principal, the manner in which they shall
   be so called in, and in which it shall be determined which of
   such Debentures shall be so called in at any time, if they be not
   all called in at the same time; and no interest shall be payable
   upon any Debenture which shall have been called in according
   to such conditions as aforesaid, for any period after the day on
   which it shall have been required to be presented for payment,
   which day shall always be one of those on which interest is pay-
   able on such Debentures ; and this forfeiture of interest in the
   case last mentioned shall be expressed on the face of the De-
   benture.
   Debentures to be
   numbered.
8. It shall not be necessary that anyDebenture
   should show upon what By-law or with reference
   to what Municipality it was issued, but each Debenture shall be
   distinguished by a number by which it shall be known and re-
   ferred to.
   Debentures.
9. The Governor in Council may direct that Exchanging
   any such Debentures may on the application ofthe
   holders thereofbe exchanged for another or others for the same
   amount of principal, payable absolutely at the same or any later
   date, and bearing the same or any less rate of interest.
   Debentures to be
   as Government
10. The said Debentures shall be held to be De-
    bentures issued by the Government of this Prov- Debentures.
    ince through the Receiver General thereof, within the meaning
    585 of
    16 Vict. CON. MUNICIPAL LOAN FUND ACT, (c. w.) Cap. 22, 1852.
    ofthe Act to establish freedom ofBanking, or any Act amending
    the same, and of the Act to exempt the several chartered Banks
    from the tax on their circulation on certain conditions, and shall
    be available accordingly for all the purposes of the saidActs or
    either of them, and any monies which are by law directed to be
    invested by or under the directions of the Governor in Council,
    may be invested in such Debentures.
    Advances to the
    said Fund from
    the Upper Cauada
    Building Fund.
    IV. And be it enacted, That it shall be lawful
    for the Governor in Council from time to time, and
    when it shall be necessary to enable the said Con-
    solidated Municipal Loan Fund, to meet the charges upon it, to
    direct the Receiver General to advance to the said Fund, out of
    any unappropriated monies forming part of the Fund arising out
    ofmonies levied or to be levied under the authority of the Act
    passed in the session held in the 13th and 14th years ofHer Majes-
    ty’s Reign, and intituled, An Act to provide funds for defraying
    the cost of the erection of the Lunatic Asylum and other Public
    Buildings in Upper Canada, and known as the Upper Canada
    Building Fund, such sum as may be deemed expedient, and in
    like manner to direct the repayment of such sum from the said
    Consolidated Municipal Loan Fund to the said Upper Canada
    Building Fund.
    Account tobe
    kept by Receiver
    Municipality.
    V. And be it enacted, That the Receiver Gen-
    General with the eral and the Treasurer of the Municipality, shall
    respectively keep a correct account between the
    Municipality and the said Consolidated Municipal Loan Fund,
    debiting the Municipality with the principal of each Debenture
    issued for its purposes, and with the interest thereon as the same
    becomes due, and any other expenses or liabilities incurred by
    reason of such Debentures, and crediting itby the sums paid over
    to the Receiver General to meet such principal and interest, by
    the proportionate share of the Municipality in the proceeds of
    any monies forming part of the Sinking Fund hereafter men-
    tioned and invested by the Receiver General, and by any other
    sums received by him on account of the Municipality ; and it
    shallbe the duty of the Receiver General, three months before
    each day in each year in which interest or principalwill bepay-
    able on the Debentures issued for the purposes of any Munici-
    pality, to notify to the Treasurer thereof, by letter sent by Post,
    the sum which he will, under the provisions of this Act, be re-
    quired to pay over to the Receiver General by reason of such
    Debentures, which sum it shall be the duty of such Treasurer to
    pay over accordingly ; but the failure on the part ofthe Receiver
    General to give such notice shall not affect the obligation of the
    Treasurer or of the Municipality, to pay over such sum at the
    ume when it ought to be so paid over.586 1.

16 Vict. CON. MUNICIPAL LOAN FUND ACT, (c. w.) Cap. 22, 1852.
Payments to be
at the rate of 8
per cent. per an-
num on the Loan,
&c.

The sum to be so paid at any time by the
Treasurer for his Municipality shall be at the rate
of eight per centum per annum on the amount of
the Debentures issued for the Loan in respect of
which the payment is made, for the period of which the pay-
ment shall relate, and such further sum as may be payable on
the day in question for or on account of the principal of such
Debentures, less such sum applicable to the payment of such
principal as may then stand at the credit of the Municipality in
account with the said Fund : and such payments shall continue
to be made until all such Debentures shall be paid off in princi-
pal and interest, or until there be a sufficient sum at the credit
of the Municipality to pay off the same.
Coupons tobetaken as money.2. If the Treasurer shall have any of such De-
bentures in his hands as the property of his Muni-
cipality, then the proper Coupons for interest on such Debentures
may be taken from him by the Receiver General as money.
Sinking Fund
constituted : of
what it shall con-sist.

The difference between the said rate of eight
per cent and the actual interest payable on the
Debentures, and all other monies which shall come
into the hands of the Receiver General as part of the said Fund,
and shall not be required to pay the interest of Debentures
chargeable upon it, shall form a Sinking Fund, and shall be from
time to time invested by the Receiver General under the direc-
tion of the Governor in Council, and the amount thereof shall,
with the proceeds of such investment (which shall also form part
of the said Sinking Fund) be applied under such direction as
aforesaid, to the redemption of Debentures issued on the credit
of the said Municipal Loan Fund ; and each Mu-
nicipality shall be credited with a share of the said
Sinking Fund equal to the amount of the sums it
shall have paid into the same, and with a share of the proceeds
ofany part of the said Fund invested by the Receiver General
proportionate to the sums it shall have paid into the same and
the time during which such sums shall have remained in the said
Sinking Fund, and such share shall be accordingly applied to the
redemption of the Debentures issued for the purposes of such
Municipality : and each Municipality shall be debited with all
sums paid out of the said Sinking Fund on its account.
Share
of each
Fund
.Municipalityin
Certainpayments
may bemade out
ofit.

It shall be lawful for the Receiver General
to pay the interest on any Debenture out of the
said Sinking Fund, ifin any case the other monies at his disposal
for the purpose shall be insufficient, repaying the amount so paid
with interest, to the said Sinking Fund, out ofthe monies which
would otherwise be applicable to the payment of such interest
so soon as the same shall come into his hands.
587 5.
16 Vict. CON. MUNICIPAL LOAN FUND Aст, (c. w.) Cap. 22, 1852.
Securities form-
ing part of it
maybe sold.

It shall be lawful for the Receiver General
from time to time to sell, pledge or otherwise dis-
pose of any securities in which any part of the Sinking Fund
may have been invested in case it shall be necessary so to do in
order to enable him to pay any sum which is hereby made pay-
able out of the said Sinking Fund.
Duty ofthe Treas-
urer and Officers
of the Munici-
pality after the
passing of any
such By-law in
levying money to
meet payments
to be made in
consequence
thereof.
VI. And be it enacted, That whenever a By-
law authorizing the raising ofmoney by loan, un-
der this Act, shall have been passed by the Coun-
cil of any Municipality, and approved by the
Governor in Council, the Treasurer of such Muni-
cipality shall ipsofacto, and without requiring any
other authority or direction whatever, have full
power, and it shall be his duty, before the making out of the or-
dinary Collectors’ Rolls in each year, if the By-law shall then be
in force, and ifnot, then at least three months before the earliest
day on which interest can be payable on any Debenture issued
under such By-law, to ascertain the highest sum which can be
required during the year, to pay the interest (andthe principal if
any be payable,) on or of Debentures issued or to be issuedunder
such By-law, and to add five per centum thereunto for losses and
expenses, and to certify the amount in a notice to the Clerk of
the Municipality, or if such Municipality be a County, then to
certify to the Clerk of each Township or Incorporated Town or
Village therein, the portion payable by the same ; and it shall be
the duty ofsuch Clerk to assess the amount so certified equally
upon all the taxable property in his Municipality, and to set
down on the ordinary Collectors’ Roll for the year, if it shall not
have been previously delivered to the Collectors, the amount
with which each party or lot is chargeable, under the head of
” Loan Rate for (naming the purpose)” or “County LoanRate
for (naming the purpose,)” as the case maybe; and if such
amount shall be so certified to any such Clerk after the time in
any year when the Collectors’ Rolls shall have been delivered to
the Collectors, then such Clerk shall forthwith make out aspecial
Collectors’ Roll for the purpose inthe form prescribed for ordina-
ry Collectors’ Rolls, so far as such form may be applicable, and
shall deliver the same to the Collector : Provided
always, that if there be in the hands of the Treasurer at the time
ofhis giving such notice as aforesaid to the Clerk of the Munici-
pality, any monies applicable to the payment of the principal or
interest ofthe Debentures to which such notice refers, then the
Treasurer may deduct such sum from that to which the notice
refers before adding the five per cent thereto; and provided also,
Proviso.
Proviso.
Ifthe
money
borrowed be
soinvested as to
produce
returns
.
that if the purpose for which the loan is raised be
such as to produce profit or to yield returns in
money to the Municipality, or if the money be
loaned by it so as to produce interest, or if the
588 capital

16 Vict. CON. MUNICIPAL LOAN FUND ACT, (C. w.) Cap. 22, 1852.
capital be reimbursable to the Municipality, then it shall be law-
ful for the Treasurer and the Mayor, or Head of such Munici-
pality to enter upon the Books of the Corporation, a Certificate
signed by them in the form of the Schedule A. setting forth that
there ought to be paid to the Municipality during the course of
the year, such dividends or profits (describing them) or such in-
terest or sums ofmoney (mentioning the amount) or both (as the
case may be) , and that the said Treasurer and Mayor have reason
to believe and do believe that the sums which will, from the said
sources, come into the hands of the Treasurer during the year,
will amount to the sum of (naming it) and the Treasurer may
then deduct the sum mentioned in such Certificate from that to
which the notice refers, before adding the five per cent as aforesaid, or if the sum mentioned in the Certificate be as great or
greater than that to which the notice would refer, then no notice
shall at that time be given to the Clerk or Clerks of the Municipality or Municipalities concerned.
If any surplus be raised

If the nett sum raised by any such rate as
last aforesaid be greater than that required to
enable the Treasurer to pay the Receiver General, the surplus
shall remain in the hands of the Treasurer and be applicable to
payments to be made to the Receiver General for the next ensuing year, on account of the same loan ; and if If there be a the nett sum raised be insufficient to enable the deficiency.
Treasurer to pay the required sum to the Receiver General, then a new assessment shall be made as hereinafter provided in
cases of deficiency.
works, &c., to go
to the said Fund.

All sums of money coming to the Municipal All profits from
ity as the said profits, dividends or returns from
any work from which the loan shall have been
authorized, or as interest or principal of any sum lent by the
Municipality out of such loan, or otherwise howsoever by reason
of such loan, shall be paid into the hands of the Treasurer and
by him carefully kept apart from all other monies, and paid
over from time to time to the Receiver General, to be by him
placed to the credit of the Municipality with the said Consoli-
dated Municipal Loan Fund, except in so far as it shall be
otherwise especially provided in the By-law authorizing such
Loan.
levying money in
case the Trea-
surer shall not
have funds to
makehis pay.
ments to the
Receiver General.

If it shall happen that the sum which ought Proceeding for under this Act to be paid over at any time by the Treasurer of any Municipality to the Receiver General, or any part of such sum, shall not be so paid over, and the Treasurer shall not have money in his hands applicable to the same, or if it shall happen that the Treasurer shall foresee that he will not have

16 Vict. CON. MUNICIPAL LOAN FUND ACT, (C. w.) Cap. 22, 1852.

have the means of paying over such sum or part thereof to the Receiver General, at the time when it ought to be so paid over, then in either case it shall be the duty of such Treasurer forthwith to add five per centum to the sum wanting for such purpose, and to certify the same to the Clerk of his Municipality, or if such Municipality be a County, then to certify to the Clerk of each Township or Incorporated Town or Village therein, the amount payable by the same, and it shall be the duty of each Clerk receiving such notice forthwith to make out a Special Collectors’ Roll for the amount so certified to him, and to deliver the same
to the Collectors.

Interest to be charged to Municipality in default.

If any sum payable as aforesaid at any time by any Treasurer to the Receiver General, be not so paid at such time, interest shallby the Receiver General be charged on such sum for the time it shall remain
unpaid, against the Municipality in account with the said Consolidated Municipal Loan Fund, and deducted from the share of such Municipality in the Sinking Fund, Moneys to be collected in the
usual manner.

The sums entered in any Collectors’ Roll by any Clerk of a Municipality

shall be collected and levied, and payment thereof secured and enforced in like manner and under the same provisions as other Municipal taxes, but the nett proceeds thereof shall be applied by the Treasurer solely to the purpose for which they are directed to be raised. Warrant to the Sheriff to levy upon Municipality in default more than three months.

VII. And be it enacted, That if any sum of money which ought under this Act to be paid by the Treasurer of any Municipality to the Receiver General, shall remain unpaid during three months or upwards after it ought to have been so paid, then upon the certificate of the Receiver General that such sum is so due and unpaid, and since what day it has been so, it shall be lawful for the Governor to issue his Warrant to the Sheriff of the County reciting the facts, and commanding him forthwith to levy such sum by rate, with interest from the said day and all costs, and to pay over the said sum and costs to the Receiver General, and the said Sheriff shall obey the said Warrant and levy the sums therein mentioned in like manner and within the same delay as he would levy the same if it had been recovered against the Municipality under a judgment of the proper Court of law, and a Writ of Execution had issued thereupon directed to him and commanding him to levy the same by rate, and shall pay over the nett proceeds to the Receiver General; and the costs allowed to the said Sheriff for executing the said Warrant shall be the same as those to which he would be entitled for executing a Writ of Execution for a like sum.

590 VIIL

16 Vict. CON. MUNICIPAL LOAN FUND ACT, (c. w.) Cap. 22, 1852.

Further debt not to be contracted without sanction of Governor in Council.

VIII. And be it enacted, That after any Municipality shall shall have borrowed any money under
thisAct, it shall not be lawful for such Municipality to contract any further debt without the
consent and approval of the Governor in Council, until all debts contracted by it under this Act shall be wholly paid off.

IX. And be it enacted, That this Act and all Operation of Act.
the provisions thereof shall extend and apply to
any Loan authorized by any By-law of any Municipality, passed
or to be passed before this Act shall come into force, for the
purpose of aiding in the construction of any Rail-way for the
making of which any Company is now incorporated, or shall be
under any Act passed or to be passed during the present Session
whether such assistance be given by taking Stock in such Com-
pany or by loaning money to it, and also to any Loan authorized
by any By-law of any Municipality, passed or to be passed
before this Act comes into force, authorizing the raising of any
Loan for the purpose of erecting, repairing or improving any
County building or buildings: Provided always that such Loan
shall not have been negociated by the Municipality under sucn
By-law.
X. And be it enacted, That the word ” Trea- Interpretation.
surer,” in this Act, shall include the Chamberlain of any City ;
the word ” Mayor” shall include the Warden of any County, and
the official title of any Officer shall include any person by whom
hisduties may be legally performed; and that this Act shall
apply only to Municipalities in Upper Canada.
SCHEDULE A.
REFERRED TO IN SECTION VI, ON PAGE 589.
CERTIFICATE OF TREASURER AND MAYOR, OR
HEAD OF A MUNICIPALITY.
Municipality of the Township of
We certify to all whom it may concern, That out of the Loan
raised under the By-law, No. , intituled, ” (Title ofBy-law,)”
on the credit of the CONSOLIDATED MUNICIPAL LOAN FUND, there
has been invested the sum of in shares of
the stock of the Bytown and Prescott Railroad Company (or as
the case may be) ; that this Municipality now holds the said
shares ; that there ought to be paid dividends thereon during the
present year, and that we have reason to believe and do believe
that there will be paid into the hands of the Treasurer, as and
for such dividends, before the thirty-first day ofDecember now
591 next,
16Vict. CON. MUNICIPAL FUND AMEND., (c. w.) Cap. 123, 1853.
next, the sum of which sum, we think, ought
therefore, under the provisions of the Act passed, &c., (title and
date of this Act,) to be deducted from the sum which ought
otherwise now to be raised on the taxable property in this Muni-
cipality in order to enable the Treasurer to meet the payments
which he is to make to the Receiver General during the present
year, on account of the said Loan.
Witness our hands this
Signatures
,
day of 18
A. B., Treasurer.
C. D., Mayor.
CONSOLIDATED MUNICIPAL LOAN FUND
AMENDMENT, (C. W.)
САР . CXXIII .
AN ACT TO EXPLAIN AND AMEND THE ACT INTITULED, AN ACT TO ESTABLISH
A CONSOLIDATED MUNICIPAL LOAN FUND IN CANADA WEST.
Preamble.
16 V. c. 22.
W
[Assentedto, 23rdMay, 1853.]
HEREAS it was intended that the ninthSec-
tion of the Consolidated Municipal Loan
Fund Act should apply to By-laws passed or in
course of being passed before said Act came into force for the pur-
pose of aiding in the construction of any Rail-way, or for the im-
provement ofany navigable river or other such work as provided
for by the said Act : Be it therefore enacted, &c., That the ninth
Section of the Act aforesaid shall be held to
include any By-law for any of the purposes men-
tioned in the preamble to this Act which was
passed before the said Act came into force, or
which has been passed since the said Act came in force, but at
the date of such Act was in the course of being passed.
Section 9 of the
saidActto apply
toBy-laws then
passed or passing.
Copyofsuch
By-law to be
sent to Receiver
General.
II. That before any such Municipality shall re-
ceive or be entitled to receive any money to be
raised under the above recited Act, atrue copy of
the By-law under which the money is tobe raised, togetherwith
affidavits of the Treasurer and Clerk ofthe Municipality verify-
ing the same and such other information as the Governor in
Council may require, shall be transmitted to the ReceiverGeneral.

16 Vict. CON. MUNICIPAL FUND AMEND., (c. w.) Cap. 123, 1853.
If the By-law be
approved certain
rates need notbe
imposed or levied
III. That if the Governor in Council shall
approve of such By-law, it shall not be necessary
to impose or levy annually the sum or rate per
pound which may have been fixed in such By-law to pay the
principal and interest of the Loan, but such sum only shall be
levied and collected, as may be necessary under the provisions of
the sixth Section ofthe said in part recited Act, and all proceed-
ings in connection with such Loan and By-law or for the recov-
ery of any sum of money which ought to be paid thereunder,
may be had and taken as if the said By-law had been passed for
the purpose of raising money under the said in part recited Act
and after the same came into force.
All Debentures
issued under such
By- law to be
deposited with
Receiver General
before any new
ones shall issue.
Proviso: as to
By-laws passed
by Unions of

IV. That all Debentures which have been or
can be issued under the authority of such By-
laws as are referred to in the first Section of this
Act, shall be deposited with the Receiver General
before the Municipality shall be entitled to receive
any of the money to be raised under any such By-law, andupon
payment by the Municipality of the whole amount which shall
be payable in respect of the said Loan, such Debentures shall
be cancelled and destroyed in such manner as the Governor in
Council shall direct; Provided always, that the Proviso.
money to be raised under any such By-law shall be paid by the
Receiver General only on the joint order of the Head of
such Municipalty and the President of the Company entitled to
receive the same : Provided also, that when any
such By-law shall have been passed by the Council
of any Union of Counties, and such Union shall
at any time be dissolved after the passing of such By-law, the
several Counties of which such Union ofCounties wascomposed
shall continue to be liable in respect of the Loan raised under
such By-law as fully and effectually to all intents and purposes
as if such Union had not been dissolved, and the Sheriff of the
Senior County shall have power within every county which at
the time of the passing of such By-law formed part of such
former Unions of Counties, to levy any rate which he may be
required to collect under the seventh Section of the said in part
recited Act, in the same manner as if such Union of Counties
had not been dissolved : Provided also, that in Proviso.
case of any dissolution of a Union of Counties as aforesaid, the
order hereinbefore mentioned shall be signed by the Head of the
Municipality of the Senior County ofsuch former Union.

V. And be it enacted, That no informality or ir-
regularity in any such By-law or in the proceedings
relative thereto anterior to the passing thereof,
shall in any way affect the validity thereof after
the Governor in Council shallhave approved such
593
Counties.
No informality
to affect the
validityofthe
By-law whenonce approved by
Governor in
Council.
By-law,
L212 Vict. LAW RESPECTING CO-PARTNERSHIPS, (C. E.) Сар. 45, 1849.
By-law, but the order in Council approving such By-law shall
beheld to cover any such informality or irregularity, and the By-
law shall be valid to all intents and purposes, and proceedings
may be had for enforcing the payment by the Municipality the
Council whereof passed such By-law and by the inhabitants
thereof under the provisions of the Act hereinbefore in part re-
cited, as if the By-law had been passed after the said Act and
all the requirements thereof had been complied with in regard
to such By-law.
Notto apply
whenDebentures
havebeen sold,
&c.
VI. Nothing herein contained shall be held to
authorize the raising of any Loan under the said
Act, when such Loan shall have been negociated
or the Debentures issued therefor sold to any party before the
passing of the said Act.
Act extended to
money raised for
supplying Gas
or Water to
any Town.
VII. And be it enacted, That it shall be lawful
for the Corporation of any Incorporated Town in
Upper Canada, to authorize any sum ofmoney to
be raised on the credit of the said Consolidated
Municipal Loan Fund, and to appropriate such sum, or so much
thereof as may be found requisite, to defray the expense of erect-
Ormaking
Plank or maca-
damized Roads
leading to it.
ing and maintaining Gas or Water works, or both
within and for the use of such Town, or for con-
structing or aiding in the construction of any
Plank Roads, or Macadamized Roads, the making
of which will benefit the inhabitants of such Town, in the
same manner and to the same effect and under and subject to
the same provisions and the observance of the same formalities
as are attached to the raising and appropriation of any sum of
money to any other purpose in and by the said Act cited in the
preamble to this Act and by this Act.
LAW RESPECTING CO-PARTNERSHIPS, AND
COMPANIES, ETC, (C. E.)
САР . XLV .
AN ACT TO FACILITATE ACTIONS AGAINST PERSONS ASSOCIATED FOR COM-
MERCIAL PURPOSES, AND AGAINST UNINCORPORATED COMPANIES.
W
[Assented to, 30th May, 1849.]
HEREAS difficulties exist in bringing Actions against
persons associated as Partners for trading purposes, or
against unincorporated Companies or Societies formed for like
purposes,59412Vict. LAW RESPECTING CO-PARTNERSHIPS, (C. E.) Cap. 45, 1849 .
purposes, by reason of the difficulty for parties doing business
with such Partnerships, Companies or Societies, to ascertain the
names, surnames, residence and addition of all the persons so asso-
ciated as aforesaid, and great expense and inconvenience are
thereby incurred: Be it therefore enacted by the Queen’s Most
Excellent Majesty, by and with the advice and consent of the
Legislative Council and of the Legislative Assembly of the
Province of Canada, constituted and assembled by virtue of and
under the authority of an Act passed in the Parliament of
the United Kingdom of Great Britain and Ireland, and intituled,
An Act to re-unite the Provinces of Upper and Lower Canada,
and for the Government of Canada, and it is hereby enacted by
the authority ofthe same, That all persons associated in Partner-
ship for wading purposes in Lower Canada, shall cause to be
delivered to the Prothonotary of the Court of Civil Jurisdiction,
in each District, and to the Registrar of each County, in which
they shall carry on business, a declaration in writing, signed by
the several members of the said Copartnership, when all such
members shall, at the time of making the same, be in the said
Province ; and if any of the said members be absent at the
time, then by the members present, in their own names and for
their absent co-members, under their special authority to that
effect, and containing the names, surnames, addition and residence
ofeach and every Partner as aforesaid, and the name, style or
firm under which they carry on or intend to carry on such
business, and stating also the time during which the Partnership
has existed, and declaring that the persons therein named are the
only members of such Partnership ; and such declaration shall
be filed within Sixty days after the passing of this Act, if such
Partnership shall have been or shall be formed before the time
when this Act shall come into force and effect, and within Sixty
days after the formation thereof if it shall be formed after the
saidAct shall come into force and effect; and a like declaration
shall be filed in like manner when and so often as any change or
alteration shall take place in the members of such Partnership,
or in the name, style or firm under which they intend to carry on
their business-under a penalty of Fifty pounds against each
and every member of any Partnership with regard to which the
requirements of this section shall not have been complied with,
to be recovered before any Court having jurisdiction in civil
cases to the amount of such penalty, by any person suing as
well inhis own behalf as on behalf of Her Majesty ; and one
moiety of such penalty shall belong to the Crown for the uses of
the Province, and the other moiety to the party suing for the
same, unless the suit be brought (as it may be) on behalf of the
Crown only, in which case the whole of the penalty shall belong
to her Majesty for the uses aforesaid.

595 IL12 Vict. LAW RESPECTING CO-PARTNERSHIPS, (C. E.) Cap. 45, 1849.

II. And be it enacted, That the said Prothonotary and Registrar
shall enter each such declaration as aforesaid, in abook to be
by them kept for that purpose, which shall be at all times, during
office hours, open to the inspection of the public, gratuitously ;
and for registering each such declaration the Prothonotary and
Registrar shall each be entitled to demand from the person
delivering it to him the sum of Two Shillings and Six pence if it
shall not contain more than two hundred words, and at the rate
of Six pence per hundred words, for all above the number of two
hundred : and such declaration shall be in the form or to the
effect of the Schedule to this Act annexed.
III. And be it enacted, That the allegations made in the
declaration aforesaid, shall not be controvertible as against any
party, by anyperson who shall have signed the same, nor as against
any party not being a member of the Partnership,by any person
who shall have signed the same, or who was really a member ofthe
Partnership, therein mentioned at the time such declaration was
made; nor shall any such Signer or Partner be deemed to have
ceased to be a Partner until a new declaration shall have been made
and filed by him or his Copartners, or any of them, as aforesaid,
stating such alteration in the Partnership; but nothing herein
contained shall exempt from liability any person who,being a
Partner, shall not have mentioned in the declaration, and such
person may, notwihstanding such omission,be sued jointly with
the Partners mentioned in the declaration, or they may be sued
alone, and if judgment be recovered against them, any other
Partner or Partners may be sued jointly or severally, in an action
on the original cause of action, upon which such judgment was
rendered-nor shall any thing in this Act be construed to affect
the rights of any Partners with regard to each other, except that
no such declaration as aforesaid shall be controverted by any
signer thereof.

IV. And be it enacted, That after the expiration of sixty
days from the passing ofthis Act, ifany persons shall be or shall
have been associated as Partners for the purposes of trade in
Lower Canada, and no declaration shall have been filed under
this Act with regard to such Partnership then any action which
might be brought against all the members of the Partnership,
may also be brought against any one or moreofthem, as carrying
on or as having carried on trade, jointly with others, (without
naming such others in the Writ or declaration) under the name
and style of their said Copartnership firm ; and ifjudgment be
recovered against him or them, any other Partner or Partners
may be sued jointly or severally on the original cause of action
on which such judgment shall have been rendered : Provided
always, that if any such action be founded on any obligation or
instrument in writing in which all or any of the Partners bound

596 by12Vict. LAW RESPECTING CO-PARTNERSHIPS, (C. E.) Cap. 45, 1849.

by it shall be named, then all the Partners named therein shall
be made parties to such action : Provided always, and be it
declared and enacted that the service of any Summons or Process
for any claim or demand upon any existing Copartnership liability
at the office or place of business of any such existing Copartner-
ship carrying on business within this Province, is and shall be
held and deemed to have the same and equal offect as a service
made upon the members of the said Copartnership, personally,
and any judgment rendered against any member of such existing
Copartnership, for a partnership debt or liability, shall and may
be executory by Process of Execution against all and every the
Partnership, Stock, Property and Effects in the same manner, and
to the same extent as if such judgment had been rendered
against such Copartnership.

V. And be it enacted, That the word “Partnership ” in this
Act, shall include any unincorporated Society, Company, or
Association for trading purposes ; and the word “Action ” shall
include any proceeding at Law to which any such Partnership
shall be a party.

VI. And be it enacted, That this Act shall apply only to Lower Canada.

SCHEDULE.-(See Section II.)
PROVINCE OF CANADA,

{ hereby certify that we have carried on and intend to carry on DISTRICT OF We, of in [Grocers]
trade and business, as (Grocers,] at inpartnership under the name or firm of (or as the case may
be,) I, (or we,) the undersigned, of ,hereby certify business as C. D. of one thousand, at E. F. of in partnership with and that the said that I (or we) have carried on and intend to carry on trade and
partnership hath subsisted since the
,
,
,
dayof
and that we [or I or we, and
the said C. D. and E. F.] are and have been since the said day,
the only members of the said Partnership.
Witness our [or any of our] hands at
this
hundred and
597
dayof , one thousand eight
(or as the case may be.)
LIMITED12 Vict. LIMITED PARTNERSHIPS, (C. w.) Cap. 75, 1849.
B
LIMITED PARTNERSHIPS IN C.W.
CAP . LXXV .
AN ACT TO AUTHORIZE LMITED PARTNERSHIPS IN CANADA WEST.
E it
[Assented to, 30th May, 1849.]
enacted by the Queen’s Most excellent Majesty, by and
with the advice and consent ofthe Legislative Council and
of the Legislative Assembly of the Province of Canada, constitu-
ted and assembled by virtue of, &c., That after the passing of
this Act, Limited Partnerships for the transaction ofanymercan-
tile, mechanical or manufacturing business within Upper-Canada,
may be formed by two or more persons,upon the terms, with the
rights and powers, and subject to the conditions and liabilities
hereinafter mentioned ; but the provisions of this Act shall not
be construed to authorize any such Partnership for the purpose
ofBanking or making Insurance.

II. And be it enacted, That such Partnerships may consist of
one or more persons, who shall be called General Partners
and who shall be jointly and severally responsible as gene-
ral partners now are by law, and of one or more persons
who shall contribute in actual cash payments, a specific
sum as capital to the common stock, who shall be called Special
Partners, and who shall not be liable for the debts of the part-
nership beyond the amount or amounts so contributedby him or
them to the capital.
III. And be it enacted, That the general partners only shall
be authorized to transact business and sign for the partnership,
and to bind the same.

IV. And be it enacted, That the persons desirous of forming
such partnership shall make and severally sign a Certificate
which shall contain-
First. The name or firm under which such partnership is to
be conducted.
Secondly. The general nature of the business to be transacted.
Thirdly. The names of all the general and special partners
interested therein, distinguishing which are general and which
are special partners, and their usual places ofresidence.
Fourthly. The amount of capital stock which each special
partner shall have contributed.
Fifthly. The period at which the partnership is to commence,
and the period at which it will terminate.
V. And be it enacted, That the certificate shall be after the
form in the Schedule annexed to this Act, and signed by the
several persons forming such partnership, before a Notary Pub-
lic, who shall duly certify the same.

VI. And be it enacted, That the certificate so signed and cer-
tified, shall be filed in the Office of the Clerk of the County Court
of the County in which the principal place of business of the
partnership shall be situate, and shall be recorded by him at large
in a book to be kept for that purpose open to public inspection.

VII.59812 Vict. LIMITED PARTNERSHIPS, (C. w.) Cap. 75, 1849
VII. And be it enacted, That no such partnership shall be
deemed to have been formed until a Certificate shall have been
made, certified, filed and recorded as above directed ; and ifany
false statement be made in such certificate, all the persons inter-
ested in such partnership shall be liable for all the engagements
thereof, as general partners.

VIII. And be it enacted, That every renewal or continuance
of such partnership beyond the time originally fixed for its dura-
tion, shall be certified, filed and recorded in the manner herein
required for its original formation ; and every such partnership
which shall be otherwise renewed or continued, shall be deemed
a general partnership.

IX. And be it enacted, That every alteration which shall be
made in the names of the partners, in the nature of the business,
or in the capital or shares thereof, or in any other matter speci-
fied in the original certificate, shall be deemed a dissolution of the
partnership, and every such partnership which shall in any man-
ner be carried on after any such alteration shall have been made,
shall be deemed a general partnership, unless renewed as a spe-
cial partnership, according to the provisions of the next prece-
ding section.

X. And be it enacted, That the business of the partnership
shall be conducted under a name or firm in which the names of
the general partners, or some or one ofthem, shall only be used :
and if the name of any special partner shall be used in such firm
with his privity, he shall be deemed a general partner.
XI. And be it enacted. That suits in relation to the business
of the partnership may be brought and conducted by and
against the general partners in the same manner as if there were
no special partners.

XII. And be it enacted, That no part of the sum which any
special partner shall have contributed to the capital stock shall
be withdrawn by him, or paid or transferred to him in the shape
of dividends, profits or otherwise, at any timeduring the continu-
ance of the partnership ; but any partner may annually receive
lawful interest on the sum so contributed by him, ifthe payment
of such interest shall not reduce the original amount ofsuch capi-
tal ; and if after the payment ofsuch interest, any profits shall
remain to be divided, he may also receive his portion of such
profits.

XIII. And be it enacted, That if it shall appear that by the payment of interest or profits to any special partner the original capital has been reduced, the partner receiving the same shall be bound to restore the amount necessary to make good his share of capital, with interest.

XIV. And be it enacted, That a special partner may from
time to time examine into the state and progresss of the partnership concerns, and may advise as to their management; but he shall not transact any business on account ofthe partnership, nor

599 be12Vict. LIMITED PARTNERSHIPS, (C. w.) Cap. 75, 1849.

be employed for that purpose as Agent, Attorney or otherwise; and ifhe shall interfere, contrary to these provisions, he shall be deemed a general partner.

XV. Andbe it enacted, That the general partners shall be
liable to account to each other and to the special partners for
their management of the concern, both in law and equity, as
other partners now are by law.

XVI. And be it enacted, That in case of the insolvency or bankruptcy of the partnership, no special partner shall under any circumstances be allowed to claim as a creditor until the claims of all the other creditors of the partnership shall be satisfied.

XVII. Andbe it enacted, That no dissolution ofsuch partnership by the acts ofthe parties shall take place previous to the time specified in the Certificate of its formation or in the Certificate of its renewal, until a notice of such dissolution shall have been filed in the office in which the original Certificate was recorded, and published once in each week for three weeks, in a newspaper published in the County where the partnership may have its principal place ofbusiness, and for the same time in the Canada Gazette.

XVIII. And be it enacted, That the Clerk of the County Court shall be entitled to have and receive for filing any such Certificate or any renewal thereof, and for recording the same, the sum of Two shillings and six pence.
SCHEDULE.-(See Section V.)
(Referred to in theforegoing Act, and Form of Certificate.)
We, the undersigned, do hereby certify that we have entered into co-partnership under the style or firm of (B. D. & Co. ,) as (Grocers and Commission Merchants), which firm consists of (A. B.) residing usually at usually at residing usually at usually at and (C. D.) residing as general partners: and (E. F.) and (G. H.) residing as special partners. The said (E. F.) having contributed (£1,000) and the said (G. H.) (£2,000) to the Capital Stock of the said partnership. Which said co-partnership commences on the of day, (Anno Domini one thousand eight hundred andforty-nine,) and terminates on the of fifty-four).
Dated this, day
(Anno Domini one thousand eight hundred and day of one thousand eight hundred andforty-nine).
Signed in presence of me,
[Signed,]
L. M. ,
Notary Public.
,
(
Anno
Domini
A. B.
C. D.
E. F.
G. H.