IMAGE EVALUATION

TEST TARGET (MT-3)

1.0

1^ ."ria I
>^

1^
1^

12.2

"
I.I

12.0
1.8

1.25

1.4

1.6

V]
<^
''^A
Si..

/a.

^>.

j%

^y

^?.
^i

Photographic Sciences Corporation

23 WEST MAIN STREET WEBSTER, h.Y. 14580 (716) ;i72-4503

4'

CIHM/ICMH
Microfiche
Series.

CIHM/ICMH
Collection de microfiches.

Canadian

Institute for Historical Microreproductions / Institut

Canadian de microreproductions historiques

Technical and Bibliographic Notes/Notes techniques et bibiiographiques

The

Institute has attempted to obtain the best original copy available for filming. Features of this copy which may be bibliographically unique, which may alter any of the images in the

reproduction, or which may significantly change the usual method of filming, are checked below.

microfilm^ le meilleur exemplaire a 6ti possible de se procurer. Les details de cet exemplaire qui sont peut-§tre uniques du point de vue bibliographique, qui peuvent modifier une image reproduite, ou qui peuvent exiger une modification dans la mithode normale de filmage sont indiquis ci-dessous.
L'Institut a
qu'il lui

D
I I

Coloured covers/ Couverture de couleur

r~| Coloured pages/
Pages de couleur
I I

Covers damaged/ Couverture endommagie

Pages damaged/ Pages endommag^es

D D n D D D
D

Covers restored and/or laminated/ Couverture restaurde et/ou pellicul^e

r~| Pages restored and/oi laminated/ and/or
Pages restaurdes et/ou pelliculAes
r~~l

Cover title missing/ Le titre de couverture manque
Coloured maps/
Cartes gdographiques en couleur

Pages discoloured, stained or foxei foxed/ Pages ddcolor^es, tachetdes ou piqu^es

I

I

Pages detached/ Pages ddtachdes

Coloured ink (i.e. other than blue or black)/ Encre de couleur (i.e. autre que bleue ou noire) Coloured plates and/or Illustrations/ Planches et/ou illustrations en couleur

r~T1

Showthrough/ Showthrough/
Transparence
Quality of prir varies/ print Quality indgale de I'impression

I

I

Bound with other

material/

I
I

Reli6 avec d'autres

documents

Comprend du

Includes supplementary materia material/ materiel suppl^mentaire

Tight binding may cause shadows or distortion along interior margin/ La re liure serree peut causer de I'ombre ou de la distorsion le long de la marge intdrieure

I

I

Only edition available/ Seule Edition disponible

Blank leaves added during restoration may appear within the text. Whenever possible, these have been omitted from filming/ II se peut que certaines pages blanches ajout^es lors d'une restauration apparaissent dans le texte. mais, lorsque cela 6tait possible, ces pages n'ont pas 6td filmdes.
Additional comments:/ Commentaires suppl^mentaires:
Various pagings.

n

obscured by errata have been refiimed to ensure the best possible image/ Les pages totaiement ou partiellement obscurcies par un feuillet d'errata, une pelure, etc., ont 6t6 filmdes d nouveau de facon d
partially
slips, tissues, etc.,

Pages wholly or

obtenir

la

meilleure image possible.

El

This item

is

Ce document
10X

filmed at the reduction ratio checked below/ est film^ au taux de reduction indiqu^ ci-dessous.

14X

18X

22X

26X

30X

V
12X

16X

20X

24X

28X

32X

The copy filmed hare has been reproduced thanks
to the generosity of:

L'exemplaire film6 fut reproduit grflce A ginArositi da:
S<minaire de Quebec Bibiiothique

la

Seminary of Quebec
Library

The images appearing here are the bast quality possible considering the condition and legibility of the original copy and in keeping with the
filming contract specifications.

Les images suivantas ont 6tA reproduites avec le plus grand soin. compte tenu de la condition et de la nettetA de I'exempiaire film*, et en conformity avec las conditions du contrat de filmaga. Les exemplaires originaux dont la couverture en papier est ImprimAe sont fiimis en commenpant par le premier plat et en terminant soit par la derniira page qui comporte t-ne empreinte d'impression ou d'illustration, soit par le second plat, selon le cas. Tous las autres exemplaires originaux sont filmis en commen^ant par la premidre page qui comporte une empreinte d'impression ou d'illustration et en terminant par la dernidre page qui comporte une telle empreinte.

Original copies In printed paper covers are filmed beginning with the front cover and ending on the last page with a printed or illustrated lmpres> sion, or the back cover when appropriate. All other original copies are filmed beginning on the first page with a printed or illustrated impression, and ending on the last page with a printed or illustrated impression.

The

last

recorded frame on each microfiche

symbol -^(meaning "CONTINUED"), or the symbol V (meaning "END"), whichever applies.
shall contain the

symbole —«- signifie "A SUIVRE". symbols V signifie "FIN".
cas: le

Un des symboles suivants apparaltra sur la derniire image de cheque microfiche, selon
le

le

Maps, plates, charts, etc., may be filmed at different reduction ratios. Those too large to be entirely included in one exposure are filmed beginning in the upper left hand corner, left to right and top to bottom, as many frames as required. The following diagrams Illustrate the
method:

Les cartes, planches, tableaux, etc., pauvent dtre film^s A des taux de reduction diff^rents. Lorsque le document est trop grand pour dtre reproduit en un seul cliche, ii est film^ d partir da Tangle supArieur gauche, de gauche d droite, et de haut en bas, en prenant le nombre d'images nicessaire. Les diagrammes suivants
illustrent la

mdthode.

1

2

3

1

2

3

4

5

6

;

"TT.
3e=393

-jft.-

n
9vae
HI,
,

h

9ose 9sa

ji

ii«i*iMM

11

«iriivi^« m^if

RICHMOND'S LEGAL FORMS
.

& LAW MAHAL.
v,

>.>.>. •«-^

ABSTRACT OF IMPORTANT ACTS OP THE PARLIAMENT OF CANADA OF 1860.

TRADE WITH FOREIGN COUNTRIES.
^

The Govemor
:

ticles

—On wine of

in Council is authorised to reduce duties on the following arall kinds, dried fruits, currants, figs, almonds, walnuts and

20 per cent, ad valorem, or brandy to 30 per cent, ad valorem. Proclamations to that effect have been published the Act refers to the said articles when imported from Great Britain, as well as from any FoRsra.v
filberts, to
;

Country.
"^

*

F0R:^IGN
In any
suit

judgments and DECREES.~ACT op

1860.

brought in either section of the Province on a judgment or decree obtained in the other section, in a suit where personal service was made on defendant, no defence that might have been set up to original action can be pleaded. If service in original suit was not personal and no defence was made, any defence which might have been originally set up may be pleaded. In case of suit against a corporation, service on officer or officers named in act of incorporation, or if there be no officers, then service according to the law of section where process is
served, is

deemed

personal.

judgment or decree, (that is upon judgment or decree not obtained in other section of Province, except as before mei^iloned), any defence set up, or that might have been get up to original suit may be pleaded.
suit or foreign

In any

EFFECTS EXEMPT FROM SEIZURE.-ACT OP
The

1860.

following arc exempt from seizure in both sections of the Province:— Beds, bedding and bedsteads in ordinary v;se by, and necessary, and ordinary wearing apparel of, debtor and his family, one stove and pipes, one crane aitd its

append^es, one pair andirons, one set cooking utensils, one pair of tongs and one table, six chairs, six knives, six forks, six plates, six teacups, six saucers, one sugar basin, one milk jug, one tea-pot, six spoons, all spinning wheels and weaving looms in domestic use, and ten volumes of books, one axe, one saw, one gun, sis traps, and such ^ashing nets and seines as are in common use all necessary fuel, meat, fish, flour and vegetable actually provided for family use, not more than suffici . for the ordinary consumption of the debtor and his family for thirty days, and not exceeding in value the sum of forty dollars one cow, four sheep, two hogs, and food therefor, for thirty days tools and imshovel,
; ;

plements of or chattels ordinarily used in the debtor's occupation to the value of
sixty dollars.

debtor may select chattels exempt, out of larger number seized. Chnttcls seized in satisfaction of debt contracted for fJiem not exempt.

The

INSPECTION OF FLOUR AND MEAL.
Flour of a very superior quality
is

to be

marked

2nd quality
:{rd
'

"Superior Extra." " Extra Superfine." " Fancy Superfine."
"Superfine." " Superfine, No. 2: "Fine." "Fine Middling." "Ship Stuffs" or "Pollards."

4th
.5th fith

'

•'

7th 8th

'

<

Samples of any quality of flour may be received by Boards of Trade of Quebec, Montreal, Kingston, Toronto or Hamilton between the 15th August and the 15th October in any year.
6«fiBaM(ws

snsG

MG

Ba«S&3ff

;

')

K

L
NT

ng
ts

ar-

and

e said

60.
decree defeneaded. efence gainst or if
1,

cess Is

decree

ny

de-

).

ce:

linary
ltd its

^ and
\3,

six

<f,^

nning
e axe,

mmon
rfara>r

and

)llars

d imilue

of

>•

•?

r

ards."

Que.ugust
S,

i

i^gm^

1

I

?<<

iMeiSfifeitsfifibMiiSSiteessMe

RICHNOl'S LEGAL FORMS
•V-v.-^.•v.-^.-*,-^^>,-»

k LAW NAIAL.

-N^ -»--v\.%/v%,'W\/%.>

ABSTRACT OF IMPORTANT ACTS OP THE PARLIAMENT OP CANADA OP 1860.
The Goveinor

TEADE WITH FOEBION'COUNTEIES.

fiiK l'~* moerts,

in Council is authorised to reduce duties on the following ar°^ *" ^'^^^' •^"^'^ ^''"»*^' curranis, figs, almonds, walnuts and to per cent, ad valorem, or brandy to 30 per cent, ad valorem. I'roclamations to that effect have been published; the Act refers to tha said

M

oa'^"'*'

Country
"^

'"'P''^*'"^

^'^""'

^'"^^"^ Britain, as well as from

any

Porewn

DECEEES.-ACT OP 1860. In any suit brought in either section of the Province on a judgment or decree obtained the other section, in a suit where personal service was made on defendant, no defence that might have been set up to original action can be pleaded. It service original suit was not personal and no defence was made, any defence

FOREIGN JUDGMENTS AND

m

m

i

'i*i"'l»«

i^WKItm

ENT

wing arand m.
lilts

3

the said

'OREICN
I860.
ir

n

decree defen-

pleaded.

defence

m

J'

RICHMOND'S

BOOK OF LEGAL FO
AXO

LAW MANFA'
FOB THB

LEGAL TRANSACTION OF BUSINESS,
ADAPTED TO THE USE OF

COUNTY AND TOWN

CIIANICS, FARMERS,

OFFICERS, MERCHANTS, CLERKS METROFESSTONAL MEN, JUSTICES OF THE PEACE, CORONERS, SUERIFFS, BAILIFFS AND TO THE USE OF ALL PERSONS IN
'

'

EVERY STATION OF
:

LIFE.

COSTAININO UPWARDS OF TWO nUNDUED AND SEVENTY IMPORTANT LEGAL FORM FOR ORDINARV BUSINESS TRANSACTIONS WITH UPWARDS OP FORTY OP TH« LATEST PARLIAMENTARY ACTS, WHICH WILL BE FOUND TO BE OF INTEUEST TO ALL PERSONS SUCH AS THE ACT TO PROTECT MERCHANTS AND OTHERS, THE GENERAL BANKING LAWS, LAW OP EViDENCE, EJECTWENT, REGISTRY LAWS, LANDLORD AND TENANT ACTS C B A W REAL PROPERTY, ILLEGAL DETENTION ACT, C.»' PART- ' NERSniP PROPERTY AND UNINCORPORATED COllPiUlBS EXTENSION ACTS FOB C. E., LIMITATION OP A(^ I
, '

TIONS, 0.

H.,

CURRENCY ACT, AC,
(see index).

*0.,s#C."' '
,

-

^

THE PKI^CJEOPVmLgll
BY WELLINGTON
H.
BOOKS. POCKET ..II ^ollf^.\Z.V^ ^^^ ^^^^^^^^

EDITIOIV.
"^ "^ "'^^

RICHMOND.
TA^B^L^E^S.^cTcf

SECOND EDITION, BEVISED AND ENLAEGED, FOR

C. E. ft

W.

TORONTO:
PUBLISHED BY WELLINGTON
H.

RICHMOND.

LOVELL AND GIBSON, PRINTERS.

WITH SUPPLEMENT.
1859.
FBICE,

THBEE DOLLABS.

Entered, according to Act of Provincial Parliament, in the year one thousand eight hundred and fifty-four, by
in the Office of the Registrar of the

Wkllinqton H. Richmond, Province of Canada.

PRIOFACE

TO THE SECOND EDITION.
TOK
rapid Bale of the First Edition of this

Work, which was 2000

a Second, has induced the Author and Compiler to issue a Revised and Enhirgcd Second Edition, entitled
for

copies,

and

tlie

great

demand

Richmond's Book of

Legal Forms and
ail

Law Manual.

Work

This

is

very

much

enlarged, containing

the Legal Matter of the

First Edition Revised, with nearly six hundred pnges of additional Legal Matter (including the Supj^hmcnt now in press, completing the work to the close of the Session of 1859), devoted to Legal Forms and Par

The wa,.t of such a work of practical utility, which cannot but readily be acknowledged by all as being of great value, and much wanted when taking into consideration the large number of Legal Forms that are in the work, and the facilities
afforded for drawing

of valuable Legal Information for the people.

liamentury Act«, thus making a work of upwards of seven hundred pages

and money,
tical.

as there

is

up documents Legally, without the waste of time nearly three hundred Legal Forms that are
Prac-

The draft of the Legal Forms are in accordance with the Laws of the Province of Canada and the British Colonies generally. The Author and Compiler has spared no expense nor labor to prepare such Forms as are most generally wanted by the Merchant, Mechanic, Farmer or Professional Man. The aim of the Author and Compiler has been to make the Legal Documents as plain as possible, and of that class which will be of great value to all classes of the community.

And with reference to the Acts of our Provincial Parliament which are embraced in this work, they will be found of great utility to the Business Man and all others that wish to keep posted
in certain
;

Acts of

general interest,

and very

requisite in a

work of

this

kind

comprising in

part such Acts as follows

.—The

Consolidated Municipal Loan

Fund

Act, with the

Amendments: Insolvent Debtor's

Act, Heir and Devisee

;

Act, Roiil Estate of Minors Act, Putoiit Right witli

tlic

Kxtcnslon Acts,

Joint Stock ConipiuiicH Act for Manufacturing, &c., Mortga}j;(P8 Relief Act,
UnincorjMiratcJ Companies Kxttinsion Act for C. K.,
inj^

The General Rank-

Laws, The Acta roa|)ccting Notes ant] Rillaof Kxehango, The Registry

liawfl,

The Act

respecting

Fiesaors

and

liesscoH, witli a large

number of
it will

other Acts too numerous to bo here

named (Sec Index).

Thus

readily bo perceived that the Acts are very

numerous and of the utmost

importance to the enlightened portion of the community.

There

arc

public general Acts applicable to Eastern and Western or United Canada,

and a large number of Acts only

for

Canada East, and
technical remarks

certain others for

Canada West,

also containing

many

and explanations
is

of importance to be known. very

The

present Edition, which

limited, will

much

excel its predecessor, if one can judge from the great

demand
to

for

the work,

aa
is

it

contains such information

as

should bo

known

all

and there

not the least doubt but that this Edition will .soon

all

bo

Bold, therefore the bu.sincss

man, and

all

others rc(|uiring the work, will
as the Price

please to give their orders
is

and supply themselves without delay,

but suudl

in

compariscm to the value that the work will be to them.

It
to

will

be the means of saving

much

time and
r

many

a pound of

money

persons rc(fuiring Legal Information
sion of
it.

Legal Foims, by being in posses-

The

utility
it,

of the work will be apparent to every enlightened
will

person

who examines

admit

it to

bo a useful

Legal Comi'ANION.
on and

The
after

price will only be

Thrkk Dollars with the Supplement,
it

the 20th day of January, 18G0, in order to place
all.

within the

reach of

With

these considerations, the work

is

respectfully issued

to the public for their approval and support if found worthy.

The undersigned takes
blic generally

this opportunity to return his sincere

thanks to the pu-

throughout the Canadas, for their liberal Patuonacie extended

to

him

for the different Publications

which he has

issued.

WELLINGTON
Toronto, C. W., 1859.

H.

RICHMOND,

Author and Compiler.

N.B.

— The term

District is only to be used in

Forms

in

Canada East

with the name of City, Town, Township, Seigniory, or Village.
for

And

Canada West

insert

County and the name of the County and not
rf-c,

District.
this

See Practical Remarks, dec,

on pages 51, 52, and 53 in

work.

;

on.sion Acts,

RICHMOND'S LEGAL FORMS AND LAW MANUAL WITH SUPPLEMENT.
Omions
0/ an JWss on Richmond'. Legal Forms and

'sllolief Act,
Jtiprul

Batik-

Law Manual
"-^^

Mio Hogintry
;c

number of
it

o:z:::::^^::::Z!r
no™!rll.;.ro?

'''^" --^ '"-'^ ^"'"
•"' *'"''

'"»

-- --

ThuH
r

will

tlu! iitinuHt

Thoro
itcd

-1. s:z I :::i::t;^-r :iT;::?rnr ^ .::r

IT

'''" '"

7

""

"""

°' ^"^'"''-' *"•! -P-'clall,

iiro

v

Canada,
'-

in

otluTHfor

explanations
liiuitcd, will
t

.tlni;'Hr:il;;::^i^^

-

'"°

"-^^

«^«>^

ro-ns

,„ every

demand
to

for

nown
II

all

soon

all

bo

J^ojtrongly recommend
This
are
is

this

work

to the

10

work, will
a

patronage o^ the public.- r.ron/o

I

as the Price

work of great

to

them.

but few persons Who have not occasion
It
to
tc

be found

of
tig

money

on

suh

compendium, and it is highly to occasions the proper form should be adopted in place ofsuc las

m

practical utility to all classes of societv to use some of the "g

Tl.ern

r„

this valuable

^Form wh.'d bo de" el a
1

may

in posscs-

enlightened

!;!C)M1'AN10N.

ENT, on and
t

book of this kind is eminently useful, not only to the ofHcial but t« n,„n. private individuals, who. wanting it, have'recourso'to an ltt!r y w ichlsts in many .nstances, double the price of the work.-roron^o
person should bo without a copy of this valuable and indispensable work is very low for a work cot Mirror. This valuable Manual of Forms, adapted to all ordinary purposes and con tammg cop.es of the various Acts of Parliament 7," essentiaUo brkn vn man of busmess, the municipal councillor, and other? ha, aft.rio been just issued from the press. It forms L hand;!!:' o V^v , ^tfs neatly bound in law style. Price $3.-Toronto Examiner.

A

within the

No

Nom:,!!;-!:^

tfully issued

The pr.ce .s only three dollars, which wo consider taming so much legal information. -2'oron/o

nks to the pu-

L

AGE extended

^
'

,

It is all

it

[IMOND,
I

the

Compiler.

County.— Caj(uga Sachem. The author has laid a copy of this valuable book on our
'''''''' individual.

professes to be, and should be in the hands of every inuiviuual individual in

^

m

'anada East
llage.

Cr""'"""
We
find
it

table, a work which Should be witi^t.-ti;;;:!;

And
not
in

ity
i,

and

and 53

with most valuable information. This work tvill h. f ^ county and town oiS s^^ '^^^ and magistrates, all of whom should ' procure a copy.-.//„,„;«o« oZntl Mr. Richmond is well known to the community as the author and r.^, -i of the first book of legal forms in this province adapted for genera, work now sent us, which is most creditably got up, with convenient marginal
filled

to be of the greatest utility to all

ll ^

ue^Sl

——

notes and a most copious index, is also of handsome and durable binding. It contains upwards of two huudrod and seventy importiiut legal forms, for ordinary business transactions with upwards of forty of ihe latest Parliamentary Acts, which will bo found to bo of interest to all persons such as the Act to protect Merchants and others, the General Banking Laws, Law of Evidence, Usury Lav. 3 Amendment, Ejectment, Registry Laws, Landlord and Tenant,
: ;

Division Courts Act, &c., &c.,

&c.— Quebec

Mercury.

valuable compendium for an Upper Canadian magistrate or lawyer, and the businesss-man of the Lower Province. It is a .eally useful work.— Quetec

A

Morning Chronicle.

With it one may do business in the Courts, with the notary, the merchant, or banker without assistance. It is an omnium gatherum of great value.— Quebec Observer.
P'armers,

work exceedingly well calculated for the use of Merchants, Mechanics, and professional men, by which they will be enabled to draw up from the most simple note or receipt, up t > the most Legal document, at a saving of

A

time and cost. "We cannot speak too highly of this work, feeling assured th*t the person who avails himself of a copy will have no cause to regret the expenditure of the sum necessary to procure it. I', well merits an extensive

much

sale.

Wjodsiock Sentinel.

Richmond's Book of Legal Forms and Law Manual supplies a want that has long been felt by the mercantile man, the magistrate, the legal practitioner, and the private gentleman. This work contains a great many forms that are almost daily required by a man in any business whatever, and has the best selected useful Acts of this Province that we have ever seen compiled. Ii is a Owen Sound Cornet^ useful work a cheap book and should be in every house.

This useful work is specially deserving of notice. It contains a vast amoun*. of information, with regard to all important legal forms which are commonly in use, and also a number of valuable facts relative to the every day transacNo public officer, and few business men, should oe without the tions of life. Manual, London Prototyjn 'nd Railway Advocate.
Its varied contents are well calculated io guide satisfactorily all pertjonsin legal transactions of business. We advise all persons who have not a guide of this kind to examine Mr. Richmond's work.—jLondow Times and Western Advert^HT.

STANDARD MEASURE OP THE PROVINCE OP CANADA.
By I6th Vict., cap. 193, it is enacted, that after the passing of this Act the following rates hall be the standard weight, which in all cases shall be allowed to be equal to 'le Winchester bushel, ---iz
;

Wheat,
Indian Corn, Rye, Peas,
Barley, Oats,

Sixty pounds. Fifty-six pounds.

Do.
Sixty Forty-eight Thirty-four Sixty Sixty

Do.
Do.

Beans,

Clover Seed, Buckwheat,

Timothy Seed,

Do. Do. Do. Do. Porty-eigh' Do. Do. Do.

N.B.— By

the 4 Geo. iv., cap. IG, the Secretary shall furnish each district

I

with a true standard. And all persons trading having Weights oi- Measures which they buy and sell by. unless stamped, moy be convicted before any one Justice, on oath of one witness, forfeit X2 for every offence, to be levied with reasoaablo costs, by distress and sale, and in default the offender may be committed to gaol for any space of time not to exceed one month. Amended by 22 Vict., 1859, see pages G62 to G64 in Richmond's Legal F tns and Law Manual Supplement, published in 1860.

i

:

'. '

!

binding.

It

ns, for ordin-

arliamentary
the Act to of Evidence,
LS

and Tenant,
lawyer, and Quebec

INDEX.
TO

ork.

le mercliaut,

:eat value.

mmon^ s fepl JfcM
ABSENT DEPENDANTS:
NoUce
to Process,

m)i fata flanual.

Mechanics, Iraw up from it a saving of eling assured to regret the an extensive
3,

LEOAL FOEMS, Etc.
^^«»

ACCOUNT OF

To 0. D^ the Defendant ....
:

SALES, Etc

am ^
«

rant that has practitioner, trms that are has the best
)iled.

A Balance or Proof ACKNOWLEDGMENT

Account of Sales Account Current

..*.*.'....'.

Sheet..
..
!

S

Ii is

a

Sound
re

Cornet^

Of a Mortgage Of a Debt secured by Mortgage '{Short For^). Of a Debt another form, with power of

!

.*

.'

." .' .'

! !

I'S
1 04 1 ok ^"*'^^^

vast amoun*.

ACTIONS 0? DOWER
Form

Sale

:

commonly

day transacwithout the
pertjons in

of Declaration in Actions of Dower.

ADMINISTRATOR:
Deed by an Administrator.
Release to an Administrator

o^« *^
s- o,

ill
I

not a guide and Western

AFFIDAVITS OP THE EXECUTION OF LEgIl DOCUMENTS Of the
Execution of an Arbitration Bond Of the Execution of the Award lo the Board of Agriculture To the Execution of Deeds and MemoriaYs'. The two Affidavits required to a Chattel

Uni2i

«,.

!

!
*.

! '
".
'.

'

*.

!

"
*

'

it onoi
57 ffal I2r, 127
'

ADA.
f this

AGREEMENTS AND CONTRACTS
tlie

Mortgage ^

^

Act

To deed Property
PortheSale of an Estate
..',

11

be allowed

To Convey

Lai.d

On Sale of Wheat ToBuildaHouse AGRICULTURAL SOCIETY DECLARATION
^'"^''''

\i'\l ^^'^f ,, J*

}J'}f

'

.'. Declaration by an Agricultural Society. . . Affida ?it to the Board of Agriculture. ....

oa on oV
of &c::::: . .
.

ATii.m'ixT^'r'^ ALLEGIANCE
:

^^

^"'^'^'^ '« *« consist

lo ou
„^ -a
'

The Oath of Allegiance

APPRENTICESHIP INDENTURE
Apprenticeship Indenture

:

each district 01' Measures sfore any one e levied with
i

ASSIGNMENTS:
Of a Debtor Bond

„ "
L;;se.:
!

may

be cornrns

Legal F

Of a Man's whole Estate in Trust for To bt Endorsed on an Instrument <0f Leplevin Bond by a Sheriff

By Endorsement of a Judgm;;,;;MoVtg;g;;o; Of a Man s whole Estate to his Creditors!
'.

::
'

his Creditn;;

"

16 17 17 Jo 20 oq 0?
'^i

135 ISC

arDXx.

ARBITRATION AND AWARD:
Special submission to Arbitrators General submission to Arbitrate

""
22
22 23
28*24
'24

Arbitration

Bond

Affidavit of Execution of Arbitration Bond Notice tc Arbitrators of their Appointment

24 25
'25

Arbitrator's Oath Subpoena to appear before Arbitrators

Oath to b6 taken from a Witness Revocation to Arbitrators Notice of Revocation

The Award
Affidavit of the Execution of the

_

Award

.'.'

26 25 26 26 26 27 27

ASSESSORS'

OATH
:

:

Oath of Assessor

28
28 29
g^.

AUDITORS' OATH

Auditors' Oath

BORROWED MONEY:
Money Borrowed and Received

BANKS AND BANKING:
For the Laws respecting Banks and Banking in the Provinee of Canada; See the annexed Index to the Parliamentary Acts, comprised in this Work.

BANKS AND CORPORATIONS
Power to Transfer Forms of Proxy.
Statement of the Liabilities and Assets of a Bank Shares, (three Forms)
,

160 158 159
159)l60

BILLS OF LADING:
Forwarders
Bill of
Bill

Shipper's Bill of Lading Bill of Lading

g
.'. .'.'.'.*.*,

BILLS OF PURCHASE
Purchase
of

10

AND OF

ACCOUxVT, Etc

:

Book account

^
.'.'.*.*.'.*!!

Account of Sales Account Current

!*.'.!!'.'.!
'.'.'.

4 5
ft

".'.'.'.'.'.

A Balance

or Proof Sheet
:

.....*.

BILLS OF EXCHANGE, DRAFTS, Etc

7
*

A set of Bills of Exchange A Bankef's Draft

*
'.

46 45
'45

Drafts or Inland Bills, two forms Respecting Bills of Exchange Of the requisites of a Bill Of the obligation of Parties

.'....*..'.'

,'
.* .*

.'

....,
' . .

46 47 48
'43

i

!...!!!!!!!!!*.!'.*.!
.'..'.'.'.

Of Of Of Of Of Of Of

Transfer.

Presentment Acceptance

for

Acceptance

........'./....... ''"'^
...'.*.
."

48 48 49 49 mq

Proceedings on Non-Acccptance Presentment for Payment Proceedings on Non-Payment Payment and other Discharges

.".!!.*!.*!

,[[
'.*!.'!.".!.'

60 SO 60
61

BILLS OF SALE
Goods, (C. W.) Bill of Sale of Goods, (C. E.) Of growing Crop and Stock
Bill of Sale oj

100 loo 101

101102

tAOM

23
22,23 28,24

BONDS
Respecting Bonds Bond, usual form, (0. E.) Common Bond with condition Bond to execute a Conveyance Bond giTcn by two Persons ." Bond from an Officer of a Bank or Company . Bond to a Corporation, or Company........ Bond to Executors... *..*.*' Legatee's Bond to Executors Bail Bond to a SheriflF Indemnity Bond to a Sheriff Replevin Bond to a Sheriff Assignment of Replevin Bond, by a Sheriff! WW,'.'.'.'.'.' Bond given by Township Clerk

n««
157
i i ox las on iqq

A

24
24,25

looion
itn
i «io i

25 26 25

.'

si

26 26
26,27

laiiao '}m
n»o iqo

S\f,
itl'\lt

27

28
28,2»

m HI
'}««
i

iqS

Township

Collector's

Bond...
.

.'.'.*.** Condition of a Bond to maintain a person Condition of Indemnity for Signing a Bond. .

CHATTEL MORTGAGES
^'and'chlttk

187

• :

.

m

io? oi

^^^ ^^'^ respecting Mortgages of Goods

Chattel Mortgage as Security for Mortgage to secure a Debt

Money

....

i

o^ fit

'"''^i^^WerjZtsf!''''''''' lie two Affidavits required ta'

(^----^<'V Adam B^teV.
'a

^

bhatt;i Mortgage",' ih;

'^*

CONVEYANCES BY BEED,
Etf ^E^^""

W JxH

Counties substituted for District Divisions, (C. W.). °° Conveyances by Deed or Mortg^V,

MEMORULS-

^^^'^^^
ki ««
'

46,46

Si!f°H^^"';'t?''"«* Deed wi hout Dower, with Memorial and Affidavit, (C E ) Deed with Dower, with Memorial and Affidavit (CW) Deed without Dower (^or« Form.) with Memorial. ^:: Deed with Dower, (Short Form) with Memorial. A Simple Deed with Dower A Simple Deed without Dower ... Deed without Dower, (Short Form) ['.'.[[[[][
. .
'.

property,"o; taking Mortg;g;s:::;::

^^il
63 to
fi?

58 to 64 to 66 C6 o tl

S

io^^

S^'X?

46
46
47,48

4S 48
48,49

4» t» 60

Deed of Mortgaged Promises, on Foreclosure and' Deed from a Corporation ... Deedof aPew..: Deed from a Guardian. '.'.".'.*". Executor's Deed
.

Full Covenant Deed, (Short Form). . Deed of Lands, Exchanged Deed of Land, subject to a Mortgage

311 ^
70 ?« ^o'L"

'I!

'.[[[[[[[]
*
'

Sale
*

*

75

I°'l2

7fi

^^^
H'l^ ^'"^
'

HO 60
61

Deed

of Partition...
'.
'.

®*
®*'??
= ' *

Quit-Claim Deed, (Short 'Form,' 'n^o. iV. ' Quit-Claim Deed, (0, E.) Na .....': 2) Qint-Claim Deed, (No. 3) resigning the right of Do;;; * Warranty Deed without Dower, (Short Form)

sfi
'

f. 87

87 «8

rr

IKSIZ.

CONVEYANCES BY DEED:
Warranty Deed Resigning the right of Dower Deed to the Grand Trunk Railway Company. Deed to the Hamilton and Toronto Railway Company. . Another Form left blank Deed for the Site of a School House, Etc For SberifiTs Deeds of Conveyance, Etc. (see Sheriffs) ...
'.'.

'""
88 89 89 90
'90

90 91
91*92
*

CORPORATION OR COMPANY: Bond to A Corporation or Company.
Bond from an Officer of a Bank or Company Deed from a Corporation Oath by a Mayor, Alderman oc Councillor. .....',..'!.*
*
.* ,*

I8I jgg ISo'lSl

76 77
*28

CERTIFICATES:
Certificate from a Treasurer. Treasurer's Certificate to Cancel a Deed !!!!.!..!.*.!!!.! '.'.'.'. Certificate from an Inspector of Beef and Pork Certificate to be Endorsed on tho back of a Deed executed

29 29 80 Si ggj

by a Married

Woman

CERTIFICATE OF SATISFACTION
Of a Judgment or Mortgage
County of
,

to

the Registrar of the

I,

A.

B.,

of

Certificate to be given by the Judge of the County Court on application for a Registry Book for the Registrar for his County
Certificate of

334

Judgment from the Clerk of Court'. !!.'.'!!.'.*

gg2

Fee

for the same, 2s. 6d.

877

CERTIFICATE FROM A MORTGAGEE
Certificate

by a Mortgagee, to the Purchaser of Mortgaged Premises To the Registrar of
of Order for the Attendance of a Medical Practitioner
:

453
602

CORONER'S INQUEST:
Form

CONSOLIDATED MUNICIPAL LOAN FUND
Certificate

of

Treasurer

and

Mayor,

or

head

of a

Municipality, (C.

W.)

591to 593
gg gj
40
'.'.'.'.'.'.'.'.

CHEQUES ON A BANK:
Two Forms of Cheques on a Bank Remarks respecting Cheques
.'

CHATTEL NOTES:
Respecting Chattel Notes Chattel Notes on Time Paj'flble in Stock, with Interest
44.
.'.'!!.*.'.'.".*.*.'."
.*.*.*.'.'.'

On Demand On Time
Joint and several Chattel Note

'.'.*.*.'.*'.'.'.*'

!!!".!.'.'!,'.".*!.'.'.*!.'."

44 44 44 45 45

COMMON LAW AND COMMON SENSE
Worth being remembered,

:

the Unity of

Common
Form
Form

Common Law and
a

sense

COUNTY COURTS
of Claim to be Filed in the Office of the

County Court of Writ of Summons Fees to be received by the Clerk and be paid over to the Fee Fund

Cl^k of the
gi^2
_

..!!.'.'!..".'.'.'

572 678
'

to belong to

and

to

Tin

573

IFBEZ.

COUNTY COURTS
Fees Fees Fees Fees
to the Clerk
to the Sheriff.
.'.'.'."!.'!.'.".'.".'!.*.*.'!.*

"•
!.'.'!!.'.'.*!.*

to

to Council

Attorney and Solicitor on Special Applications.

m
573 574

•>»•

'm±
XVIII
.*

CURRENCY AND TIME TABLES
Dollars and Cents converted into Currency Currency converted into Sterling and Dollars and Cents ! sterling converted into Currency and Dollars
1

Time Table

and Cents

.

2

DEBENTURE:
For the Loan of Money

^^^j
oj .o
'

DUE BILLS AND ORDERS:
Due Bill payable in Goods. Due Bill payable in Money Money Borrowed and Received
....'.*.'.*
.'

oa
..!.'.*.*.*

Order for Goods Order for Money Another Order for Money

An An

*'.

»
ok 05 141

80 o«

DECLARATION OP TRUSTS
Declaration that a certain Writing

DEEDS

is left

:

See " Conveyances by Deed."
^^"^

DIVISION COURTS

^Xnr?! Act, (C. W.) Courts FTJn^\^s
Form of Summons
Notice

^^^"'^^^ «g»'"st the Division
..
'

TableofFees... .......

JfJ °™
°*J
'.'.'.'.'.'/.'.'..'.['.'.

Covenant by the Clerk or

Bailiff:

Affidavit or Affirmation, Clerks,

548

S?
'

Warrant

DOWER TO AN
Form

the Peace, are to administer the same Schedule to Attach, seize, take and safely keep "

Judges and

Justic'e^'

of

D e'"

HEIR:
Dower

^

547 has °*®
£,00.

Release of Dower to an Heir of Declaration in Actions of

EJECTMENT:
Writ of Ejectment, Canada West

*""

o^n "
000

Form Form Form

of Notice to the Defendant or Defendants, and to the
of Judgment where no Appearance of Plea :-Seo ".Bills of Exihangi "

EXCHANGE

qo2 ^^4

EXECUTORS
Deed by an Executor
Release to an Executor

-o „.

FEES.

ATTACHMENTS AGAINST PERSONAL PROPERTY.
^"^

iqoidn
(C

thereoT"'^ For every Warrant .'.'.....*.*'. -or every Mile necessarily travelied In goi^g to* SdVe /a every Schedule Return of Properly Seized

^ffl™»«°». i"°'"d.ng the Drawing
.'
.*

W

^^' )

f
.* .'

I*

474
4-4
'.

&c

^°"'''

GUARDT m!'^
JX

'""'""^'"S Affidavit of ^Justificatron'.

&c. . .!

!

til
^.o .70

Deed from a Guardian
Release to a Guardian

'°''l ^^^

1

:

:

.. . '

fTf-

XSBIX.

INVOIOES

INWARD AND OUTWARD:
.'!!!!*.!!!.'!'.!

"*"
a

Of Sundries Shipped, Outward Of Sundries Inward

JUSTICES

AND OTHER PEACE
S''."'''''"""^'

OFFICERS:
W.)

Fees, to Justices of the Peace, (C.

H

w^u^'L With 40
l^o

(^'

Schedule Forms
'

^0

....
16 Vict '(1853,)
^

ifll

iflo

-^ct of

162 to

90fl

w*f 32 Schedule Pf^'i'^f With
An Act to

(^- ^•) Forms

A<=t

of 16 Vict. ('l853,)

Protect Justices of the Peace in

209 to 244

from Vexatious Actions

Canada West
245 to 260
fll

JOINT STOCK COMPANIES:
Instrument to be Executed by Joint Stock Companies. . bee the Act respecting Joint Stock Companies in this

Work.

LEASES:
Lease of a Store and Dwelling Another Lease Uase, (Short Form)
141 149
14.<)

ilf

IaANDLORD AND TENANT
Landlord's Certificate of Renting Tenant's Certificate of Agreement Notice from a Landlord to a Tenant
.*.'.*.*.*.*!.""
!.*.*.*.*.'.'.*.'.'

JS
144


14f 148
145 146

LBTTERS ON BUSINESS
" The first Thing necessary," says Lord Chesterfield In Answer to an Advertisement for a Clerk Application for the Character of a Clerk "* In Answer respecting the Character of a Clerk .'.!*.'.'. From a Trader in the Country to a Merchant in the City .'.* Wholesale to a Retail Firm , A Gentleman proposing his Son as an Apprentice'. On Retiring from Business, and recommending a successor.

'i^
146 147 147 147 I48

A

*.

'.

'. ". '.

".

MORTGAGE DEEDS:
1.

.f

to secure « Note resigning the Right of ° Dower 102 108 *.'.".'" Mortgage by Quit-Claim, to Secure a Note 103 104 Mortgage to Secure a Debt, {Short Form) * 104 * Another Mortgage with Power of Sale 104 105 Mortgage Deed to Secure a Note [[ 'iQg Mortgage Deed to Secure Endorser .'!'.!!."* 105 106 Mortgage Deed to a Corporation ",,,, 108 109 Mortgage Deed to Executors "* 109*110 Mortgage Deed for part of Purchase Money ...'."..'.' 'ni Mortgage Deed by Husband and Wife ." " 111 to 1 18 Mortgage Deed of Premises to be kept Insured against Fire 113 114 Mortgage Deed, (.%or< ^om) with Power to Sell 114116 Mortgage Deed with Power to Sell, (C. E (Short Form) 1 15,'l 16 ) Mortgage Deed with Dower, with Power of Sale, with Memorial and AfBdavit .., , 116 to 128 Notice of Sale by Advertisement on Foreclosure of Mortgage 123 124 Chattel Mortgages, diflferent Forms and Affldavi'ts! 124 to'l27 ! NOTES ON TIME, MAXIM, Etc: Masim never Endorse a Note, &o 39 .'.'.'.'.'.'. .'.**.*.'.* Promissory Notes payable at a Bank 36 37
.
.* .' .'
."

Common Form

.*

:

.

.

.

li
vmtx.
9 9

NOTES ON TIME,

Etc:

»*

Join t and Several Note payable at a Bank with Interest . Payable at the Payee'j Office or Store ,'.'.** Another Form dated at Cobourg. Payable to II. Jones, or Bearer Not Negotiable On Time with Interest [

M
»^ Si Si ^° 55 oS ao nn
^^ 2i
Ai

On Demand On Demand with
Payable by

.'.*.".*!.*.'.*.".*

Interest !!!!!!!!!!!! Instalments, with Periodical interest! '.. ''[
.......'.'.
.'!.'.*.'.'.'.*

Respecting Promissory Notes
Consideration

"

* '

81

Of Presentment for Payment Proceeding on Non-Payment Of Payment
Interest

aiII
';„

•••••••••••
.'.'.'.'.'.'!."

J? 44
*^'*5

Of Notice to'aii Endo'rser." .*!.*.'.* Form of Notice

Limitation of Action, Notes and instruments not under SeVl ^'^^'^ ^°^ Chattels, (See Chattel "^

Jo

S

if^

141
14S
145,146 146

ORDERS :— See " Due BiUs and Orders" OATHS
ASesIor^^cSS
^', ^^*y'»'••

^»'^-™-

^^ Councillor. ...

Auditor's Oath....

28 28
'

146 147 147 147

PROTEST OP BILLS OP EXCHANGE, DRAFTS AND NOTPSFees and Charges,
(C. E.) with 10 Notarial
Bill

(™
PARTITION

W
'

of a
)

of Exchange for Non-pk^meni;
'

Forms .. ^^fgb

to

299 ^^

""""''*' ''""''' ''°' ^''' '*''"

^"^'^''^
'
• • •

''' aSe

partnSp"'^"'^^''^""'^^^'^^^""'^-*."
.'

'^'s

Co-partnerships, and Companies, ^Ic!!" -C^*^)"'^""""^ ^^* *° Schedule 'Declarltio'n'of C^'partnership,' (c! E.) Limited Partnerships, (0. W.) ««« i .xl . . Form of CertiScate of Co-pa."tne;ship: ^^^ *°
.*
."

rS

.'

A Certificate of Co-partnership A Dissolution of Partnership ....
onwrto ^^ POWERS OP ATTORNEY,

Agreement of Co-partnership Agreement to Continue a Partnership ....':.';

! ! !

!

S22 i^o ?;«
'Ill
,

i«ft 149,160
i
."
.'

.„

Notice on Dissolution of Partnership '.'.'.'.'.'.'.'. Notice where One Partner leaves the Firm . °""^ °^ Dissolution of Partnership

Rn i ki
ll]

'

* '

^^^'l^}

! !

Etc

"

:

Power to Collect Debts Power to Take charge of Land^; &c Power to Eflect Insurance XI

Respecting a Power of Attorney. . General Power to Transact Business. :.*;;:: Ar.othcr General Power to Transact Business Revocation of a Power of Attorney. . .
.'

} JJ
*.

i-jo

JS

^^^'J^f ^o^
J?!' !?«
,

*.V.

V.'.'.

."

155,156

rVAl

:

.

nTDEZ.

POWERS OP ATTORNEY,
Power
to Sell

Etc

'^"
:

Real Estate Substituton of an Attorney

,
' '

«-

Custom-House Power

Power Power

ik»7

,22 iko 168

to Transfer

Shares
'a

to Accept of Transfers of Stock of

Bank

or

Com^^^'JSS ^°^

Transfer of Mining

Company

Shares.'

'.'.'.'.'.'.

PROXY:
To Vote as Proxy Proxy by a Shareholder or a Corporation '.'.'.['.'.'..'. A Director's Proxy QUIT-CLAIM DEEDS :-Seo " Conveyances by Deed.'"*

,-»
1 59
l

flO

iftO

RECEIPTS

AND RELEASES:

General form of a Receipt on Account Receipt in Full Receipt for Money paid on a Note ....;;.'; Receipt for Money paid by a Third Person Receipt for Money received for Another Receipt for a Quarter's Rent Receipt for Papers Receipt for Money on a Bond ..!.!!!."! Receipt for Interest Money Receipt to be Endorsed on a Bond
.'

on
.' .'

'.[

."

.' ." .' .*

.' .'

;

^^ gS 88 Qa o2

N0TE.-A Receipt in full, Release of Dower to an Heir General Release of all Demands, (C. E.). .'.'.'.'.' Release of all Demands, (C. W.) ..... . Release to a Guardian... Release to an Executor .'.' Release to an Administrator
."

ReceiptforaNoteofaThird Person

.... though strong evidence,'

'.'.'.'.

&'c'

gl tl oT qi 35 36 00 o? Vsr i qh i qo
^"^^'J^o

iqoi2n

RAIL-WAY COMPANY

mo mi
'

:

n

Bced Deed Deed
I

REGISTRAR'S OATH:
Form of Oath
Tjp * T REAL

Railway Company to the Grand Trunk Railway .'..'. Company ! to the Hamilton and Toronto Railway Company J^-^- May be Registered without any Memorial ....
.'
.' .'

to a

qa

fli

.'

.'

!

89 90

.

.

Vo
91

.

^Z ESTATE

be taken by every Registrar of Deeds, Memorials of Deeds, Conveyances and Wills ^^ ^^^"''^''^ of I^eeds, Memorials and Wills, &'c' &c.
to
,'

OP MINORS,
"^
^^'"°'''''

gni 891.392

(C. E.)

I

ci.nrT™.^'"''^ SECURITY FOR A DEBT OR NOTE: Common Form to Secure a Note

(^- ^-^

^^« Notarial Forms

894

to

396

resigning the Right of '^ Dower °^ Mortgage by Quit-Claim as Collateral Security for" a'Note Acknowledgment of Debt secured by Mortgage, [S/iort ±orm.\

102103
103'l04

Acknowledgment of Debt secured by Mortgage with ^ *^ PowerofSale

jQ.

SHERIFF:
Bail

inAinK ^^*'^^^
iqq isa \t±\'it
'

Bond

to a Sheriff

.'."..*.*'.* Indemnity Bond to a Sheriff Replevin Bond to a Sheriff. .. Assignment of Replevin Bond by a'shcr'lff
.

.'
.' .' .' .' .' .' ." .* .'
.'

j-is

.' .'

135, J go

:

.

"

'

J

9um
186 167
157,168

iin>iuc.

SHERIFF'S DEEDS:
Deed
Poll
(0.

'^o"

«„,
E)
. .

«.

DeodofSale,

,.',

168
158,169

169
169 159,160 160

Deed of Leasehold Property Deed ofSale for Taxes....... Sherirs Deed in Partition Deed on Foreclosure and Sale

ollt
,,?'„„

Z'^^
.*.';.*

TREASURER'S CERTIFICATE

oh to lOO «o

inn
oo on ^'^^

J J'J

:

TOWNSHIP OFFICERS
Township

Oertiacate from a Treasurer of a County Treasurer's Certificate to Cancel a Deed '.'.".
:

Declaration by a Township OflBcer. Bond given by Township Clerk..

,„-

88 88 88 88 88 84 84 84 84 84 85 86
83,84

Collector's

Bond
.*

^
28

^"^
^^'^

Assessor's Oath Auditor's Oath

WARRANTY DEEDS
Vr

:-see " ii;;;;;;;;;

•''

ILLS
Respecting Wills To Disinherit an Heir at

by* DeVd,!;."""

Law

....... ..'.V.

oki ««, ^^^'l^^

188
138,139 139 139,140 140,141
90,91 89,90

A Codicil Annexed WRIT OF REPLEVIN:
Form of a Writ

Another Will of Real and Personal Estate .... Various Conclusions to Wills or Codicils, the words being changed Attestations of Wills
to,'

IfAf^,

uoc^^^y ^
wil'l

'

^

ok« ^"^

or'Endorsed on the Back of a

IS
473 479

of Replevin, (C. W.)

indeF^
TO THE PARLIAMENTARY ACTS OP CANADA,
COMPRISED IN THIS WOKK.

90 91

ABSENT DEFENDANT'S ACT381 391,392

'*«

894

to

396

Absenf Defendants Declaratory Act, C. \YA6 Vict ACTIONS ON SIMPLE CONTRACT OR DEBT (0 W

"

4«7 til ^•'''

')

'

102,103 103,104

&t&t?8tinic'l''''"^° ACTIONS AFFECTING REAL PROPERTY "(CE)-

Memorandum-

necW _
*67

to

470

104
104,105
,

133,184 134,136

APPRENTICE'S AND MINOR'S ACT, (C. W An Act to Amend the Law relating to i Apprentices and PP'^""''°«« ""^ Minors, Canada West, 14&15 Vi!t ATTACHMENTS AGAINST PERSONAL PROPERTY* fC

I^a^ of (0. E.) In Actions affecting R^'iVr ^™«"i.t»\« Real Property of Absentees, 14 & 15 Vict. . . a^k a«« See Limitation of Actions, &c. 10 & 1 1 Vict 421 r„'SS Actions of Dower, (C. W.) 13 & 14 Vict I^ !!^ ^'^^

^

S

135 135,186

n«r;

•*""'"• '"'^^"•tachinents

W

)

fi!

against Personal Proper-

iirr

470 to 477

iin>u.

BANKS AND BANKING
The general Hanking taws of Canndn
' "

'^"

257 to 274 Chartered Uank^i to Deolnre certain Rights 275 avfl " Bank Notes Act, of 10 Vict. 1858. 276 277 Savings Banks Public Act !.'!!!" 277 to '284 ." Savings' Banks Act continued 14 & 15 Vict. 1851 ..!.!! 284 285

BILLS OP

EXCHANGE AND NOTES

ACT,

[0.

E & W]

*
:

Bills of

CURRENCY AMENDMENT ACT

Exchange and Notes Act, [0. E ] With Forms 285 to 801 Officers of Banks not to act as Notai ies 801 302 Bills of Exchange Act, [C. VV.] Amendment with Forms 802 to'sOO
:

An Act to Regulate the Currency 308 CREDITORS TO ATTACH THE EFFECTS OF DEBTORS: An Act to enable CieJitorsto Attach the effects of Debtors
about to leave the Province, [C. E.] by 14 & 15 Vict.;
in cases

to

814

under ten pounds
.'
.*

424426

CONVEYANCE OF REAL PROPERTY,
An

[C.

W.]
in

Act to Facilitate the Conveyance of Real Property Canada West, 9 Vict
[C.

CORONER ACT,
An

863 to 309

W.]

If

Act to Amend the Law respecting the Office of Coroner Canada West, 13 & 14 Vict 499 to 502 COUNTY COURT'S AMENDMENT ACT, [C. W.]: An Act to Alter and Amend the Act regulating the Practice of County Courts in Canada West, &c., 13 & 14 Vict. 603 504 County Courts Equity Act, Canada West, 16 Vict 564 to'574 DIVISION COURT'S CONSOLIDATION /.CT [C.W.] 13 & 14 ^.Vict 505 to 548 Division Courts Extension Act, [C. W.] 16 Vict 548 to 563 EJECTMENT ACT, [0. W.]: An Act to Alter and Settle the mode of Action of Ejectment, 14 & 15 Vict 322 to 328
. .

U

M

FOREIGN JUDGMENT'S ACT.
Forei;jn

[C. E.]

Judgments Admission Act,

[C. E.]

320
better Pro'.

to

323

HEIR AND DEVISEE ACT, [C. W.] An Act to Repeal certain Acts, and
visions &c., &c.,

to

make

M
S33 to 342 343 344 353 to 355

8 Vict. 1845

Heir and Devisee Act Amendment, 14
:

& 15

Vict

INFANTS Real Estate Act, (C. W.) 12 Vict INSOLVENT DEBTOR'S ACT, [C. W.] An Act to Extend the Insolvent Debtor's Act, &c., &c 14 & 15 Vict. [C. W.] ....: ..; JOINT STOCK COMPANIES An Act to Provide for the Formation of Incorporated Joint
\

115

482483

Ml

Stock Companies for Manufacturing, &c., &c., Act, 13 & 14 Vict Joint Stock Companie's Amendment Act, of 1 6 Vict

of

Mi
445 to 453 453 454
162 to 209
20i) to 244 245 to 250

JUSTICES, &c., &c., (C. W.) Summary Convictions

Act, (C. W.) 1 6 Vict Indictable Oifenccs Act, (C. W.) 16 Vict An Act to Protect Justices of the Peace, 16 Vict
lo

MI

LAW

OF EVIDENCE, ACT, [0. W.] An Act to Repeal certain Acts, and
XlT

Improve the Law
814
to

of Evidence in Canada West, 16 Vict

319

TKVn.
VASI
..

.

257 to 274 275,276 276,277 277 to 284 284,285

LIMITATION OP ACTIONS, Kwx, [0. E.]: An Act to Repeal a certain Act, and to mako hotter i^nTu 'irw" '^'""'""on of Actions in Canada iO&llVict

'*•'
ProEast,

LAW
'^''^

Ao^

t

IN

ACnONS OP DOWER, [0 W]'

AM

.

285 802

to 801 801,302
to

8

306

S2;!^2^V^ic^""™«««"^^
'i>;

^ND COMPANIES
12 vict

:''*°''"

.

308

to

814

LIMITED PARTNERSHIPS,* *[0. W.i'iVt'oV LEASING OP LANDS AND TENEMENTS [C

Wl

598 to «o"o 800 ^3«

^

%K^^!ri}'ifV^' hi« LVthis Act m iK^,-^'"'4th line commence at
424,428
1
.

Lcas-ngof Lands" and

'iv-ncmentfl (R"«*^^— 'n the third Section ..f

Bha

by virtue of this Act nevertheless be as valid and of) read instead , and
''' ''''' '' ''''

LESSOR^' AN^lESsSrActP Ty'"'
8C3 to 309

''' '^ '''
,,,

^CatdaEaSriV^f^r

^"«'''^«''^«-- -'^

L--«.
,

r
.

499 to 502

Law JSde Repeal Act, 10 vlcV.'.'. LAWS OP PATENT'S A01\[aE.&W.]An Act to Consolidate and Amend the Laws
.,.
for Inventions 8IOI\|Bpot 14
.n this

,

ISa

3

603,504
,

664
505 548

to

574

MARRIED \MeN'S REAL ESTATE ACT (c'wV^"2
''"''^'°

&

of Patents Province, 12 Vict, with theexten15 Vict ... . Ant

^27 to 443

J.

iim

^^""""^

vict°

^omm to convey Real
W^men "rVsicicnt
'in

Estate

,

to to

648 563

An Act

ti" 'en^bie' M;;;i;d'

^^^
FoVeiffn

''^

^^^

Countries to convey Real Estate in (C. W.,) 14 & 15 Vict 830 to 334 See EuiuTA, page 331, in the twelfth line from the top for

322 320

to

328
322

w,>T,m^ MORTGAGES TO BE

*"*^ "°'''' P'^ia'ty.

read.personallv.
(C.

PILKD,

An
to

W):
in
'

Act requiring Mortgages of personal Property Canada W est to be Piled, &c., 12 Vict

../

m

to 46fl

MORT^fG^'E^S^SrL^^S^-^ACT^^Crw'f
S33
to 343 843,344
'*'^

''

"

'' "'^'

' ' " ' '

'^''^''

^^"""^

''^

'^"l5^ViIr

Mortgagees, Canada West, 14
'

&
^^^'^^^

363 to 355
J

INTEREST OP MORGAGOR'S SALE AC V "(C An Act to Provide for the Sale undeV executions

W

)'

Inta;cst of Mortgagors in Real Estate in

of the

Canada West,
460
concerning
to

483,483

MORTGAGES,' REGlsrRATfoN AClV[C 'eYAn Act to Amend and Explain the Ordinance

463

MASTERrA^Nr'sERv7iS!£"'rJ %'r^f.
445 to 463 453,454
162 to 209 209 to 244 245 to 250

^^''' '' ^•^'-

''' *« ^^0

An

Act to

Amend

an Act relating to Masters and SeVvants
^'''

m;Nrc,?.i°a%'iJN°^T<??,^^'^

«=

««

Established by An Act of 16 Vict, Canada the Amendment Act of 10 Vict

West

With
679 to 694

814

to

319

Errata -The Municipal Corporate Bodie's Act'of* 14 4 ^'''^ <=»?• 190, 1853, [See it r ,TA''?r'''* ^y ^^ the ^pealed Act] •...........!

677

to

579

,

:

::

:

iirsiz.

PROTECTION OP MERCHANTS, Etc., [0. E. ft W.]: An Act for the Hotter Protection of MorchantH and
who may

'^*"
Others

hereafter receive Assignments and enter into Contracts in relation togoodH and merchandize entrusted to Agents, Canada East & West, 10 & 11 Vict 454 to 460

REAL PROPERTY ACT,
An
Act
to

(0.

W.)

AMENDMENT
674,676

Amend

the

Law

enable Mortgagors to

respecting Real Property, to Ro-possesa the same, &c. &c.,

Canada West, 10 Vict

SEIZURE AND SALE OF SHARES ACT: An Act to Provide for the Seizure and Sale

of Shares of Capital Stock of Incorporated Companies, 12 Vict. .....
to Amend an Act, and to Require Steamboats to carry Life Preservers, 10 Vict

488 to 486

STEAMBOATS
An Act
260,281

SURETIES FOR PUBLIC OFFICERS: An Act to Provide for the Discharge of Sureties Officers in certain cases, 14 & 16 Vitt
Official Securities Act,

for Public

448
444,446

Amendment, 10 Vict
Decisions Act, (C. E.)

SMALL CAUSES, Summary
An
Act

676
676,677
307,808

Small Causes Act Amendment, 16 Vict, (C. E.)

USURY LAWS REPEAL ACT:
to

Modify the Usury Laws, 16 Vict
[C.

Iff^

REAL PROPERTY TRANSFER ACT,
An Act to Simplify
West, Ac.
&c., 12 Vict

W.]:
C55
to

the Transfer of Real Property in Canada

867

The Transfer Act of

12 Vict.

Amended by

14 and 16 Vict. 857 to 869

REAL ESTATE, DIVISION
An Act
Vict

OF, [C. W.]: to Abolish the Right of Primogeniture,
[0.

14

&

16

847 W.l:

to

868

INFANTS' REAL ESTATE ACT,

An

Act to Provide fov the Sale of the Real Estate of Infants, Canada West, &c. Ac, 12 Vict 868
:

to 865

REGISTER YOUR DEEDS, Etc., [C. W.] An Act to Compel the Registration of Deeds and Instruments, &c. Ac, 14 & 15 Vict REGISTRY LAWS, [C. E. & W.]: An Act to Consolidate and Amend the Registry Laws, Canada West, 9 Vir,y'v.<\c(> by 18 & 14 Vict
'

870,871

871 to 887

{

the Registry Laws Arofuilrn' nt Act, [C. W.l 10 Vict. S88 to 892 Registry Laws Act, f", Vy,( t. V i.!., and 14 & li, Vict 410 to 416 Registration of Mort|,..t,v^.; .^yt, Canada East, 10 Vict 416 to 420

And

REAL ESTATE OF MINORS,
An
An
The
Act

[C. E.]: to Regulate the Proceedings in cases of Licitation, with Forms, 16 Vict [C. E.]
less

Voluntary

898
Expensive
. .

to

896

REAL PROPERTY DETENTION ACT,
Act
to

Provide a more

Summary and

process for Proprietors, Ac. Ac, 14 said Act Amended by 16 Vict
to

A

16 Vict, (C. E.)

897 402

to to

REPLEVIN,

LAW AMENDED RELATING
Amend and
iiixlend

402 404

TO
relating
to

An Act

the

Law

the

Remedy by Replevin XT!

in

Canada West, 14

A

13 Vict ... 478 to 482

:

:

:

INDEX TO SUPPLEMENT
hera
into

TO PARLIAMENTAHY ACTS,
Accounts
In dollars

'**''
[0. E.

A W.l
Vict.,

stod

and Cents Act, 10

1867

. .

i5i
r,

to

460

BANKS, Ac, may

603 to 604
660 to 661

take

llillg

As Security Act,

of Lading, 22 Vict.,

mo

Ac


'.'

CON. MUNICIPAL
to

^°^^

LOAN FUxVD Amendment Act, 22 Vict.,
Act, 19 Vict., 1866

FREEDOM OP BANKING, Amendment
1

6B4 to 689
633 to 634
Vict.,

• •

fl

674,676

Amendment Act, 10 Vict., 1866 FRAUDS BY TRUSTEES, BANKERS, Ac, ACT, 23
^^^^

Savings' Banlt

of
• • •

488 to 480

FORGERY LAWS Amendment
:

637to64l
Act, 22 Vict., 1859

9 to
<

t «

260,261

FALSE PRETENCES, Amendment Act, 22 Vict., 1869 .... HOM(EPATAY, PUBLIC ACT An Act roapccting Ilomooopathy, 22 Vict., 1859 JOINT STOCK COMPANIES Amendment Act, 22Vict.,1858

668 6B8 to 669
690 to 692

646 to 647

blic

448
444,446

• • •

• •

676
676,677
307,808

Amended by 22 Vict., 1859 LIBRARY ASSOCIATIONS, Amendment Act, 19 Vict,, 1866 PATENTS FOR INVENTIONS, Extension Act, 20 Vict.,1867 634

679
601
to 636

• • •

».
ada
...

An Act to Amend the Laws, 22 Vict., 1858 REGISTRATION OF DEIiENTURES ACT, 22 Vict., 1858.. REGISTRATION OF DEBENTURES, Amendment Act, 22
Vict., cap. 23, 1859
'...
:

RATE OF INTEREST ACT

:

644 to 646 647 to 652 666 to 667
662 to 664

WEIGHTS AND MEASURES ACT
C56to8BT
857
to

An Act

to

Amend

the Laws, 22 Vict., 1869. ........

ict

869

15
^

• • •

<

347 to 868
IB51

ACTS, FOR

0. E.

AGRIOULTURAL SOCIETIES Amendment
itB,

\^
J

...

)58 to 865

An Act to Legalize Certain Proceedings BUILDING SOCIETIES, [C. E.] An Act to Amend, 22 Vict., 1859 COUNTY ASSESSMENTS ACT, [C. E.] An Act to Enable County Municipalities
:

yi^<^t.,

Act, [0. E 1 .......:.. 607 to 608 701 to 70A
704 to TOR
to recover

Certain Dues, 22 Vict., 1859

DURHAM INDIAN L AMDS ACT, [C. E.] 19 Vict., 1856".'.'. FOREIGN EXECUTORS ACT, [C. E.,] 22 Vict., 1858 FRAULENT CONVEYANCE ACT, [C. E.] An Act to Prevent, 22 Vict., 1859 GROUND RENTS AND LIFE RENTS, [C. E.] An Act to Amend, 22 Vict., 1859 MUTUAL FIRE INSURANCE COMPANIES, [C. E 1 An Act to Amend, 22 Vict. 1859 PROOF OF INSTRUMENTS IN, [C. E.] An Act to Facilitate, 22 Vict., 1858
:
'.

699 to 700
604 to 607
641 to 643

ogg
gg, *. gge
i^ar .„ ,»,.

.'

:

Amended by

643 to 644

22 Vict., 1859
"

PARTNERSHIP SEPARATE PROPERTY ACT [C E ]• An Act for the UistributioD of 22 Vict., 1859 UNINCORPORATED COMPANIES Extinsion Act, '[c" E
'

696 to

fiOT

eB3
1

^^'^'''•' 1856

',.\„,:i

601,602

:

:

: :

:

:

:

:

trr~^

INDEX.
PAOB.

ACTS FOR

C.

W.
6Y9 to 684

AGRICULTURE ACT, [C. W.] An Act for the Promotiou of, 22 Vict., 1859 BILLS OF EXCHANGE, [C. W.] An Act to Repeal Cer;,aia Portion, 22 Vict., 18C9. ...
Br^LDING SOCIETIES, [C. TV.j An Act to Amend the Law Respecting, 22 Vict., 1859 COUNTIES UNITED FOR '.[UxMCIPAL PURPOSES, [C.W.l
20 Vict. 1857

669
684 to 887
628,e29

FERRIES,

[C.

W.l
....

1

An Act to Amend tlie Act, 22 Vi>^t. 1859 JUDICIAL DISTRICTS PiiES, &c., [C. W.] By An Act of Parliament
: ,

6lT
636,637
627,628

MUNICIPAL LAWS, [0. W.] An Act to Amend, 20 Vict.
:

1857
[C.

MATRIMONY AMENDMENT ACT,
20 Vict., 1857

W.]

:

622 to 626

MARRIED WOMEN, PROPERTY, [C. W.] An Act to Amend the Law, 22 Vict., 1859 SEPARATE PROPERTY TO MARRIED WOMEN, An Act to Secure, 22 Vict., 1859 PERSONAL MORTGAGES, [C. W.]
:

674 to 675
[C.

W.]
669 to 6 r4
608 to 612

An Act to Amend, 20 Vict. 1857 PRIMOGENITURE AMENDMENT ACT,
1857

[C. W.,] 20 Vict.,

613 to 622
Disabilities,

REGISTRARS OF COUNTIES, [C. W.] An Act to Rjlieve Registrars of Certain
22 Vict., 1859

676,677
[C.

REGISTERING PLANS OF VILLAGES, An Act to Amend the Act, 22 Vict.,

W.]
678

1859

N. B.— The following Acts are Repealed :— The Act for the Disposal of Road Allowances in C. W, Also the Act for Houses of Public Entertainment is Repealed. See pages 629 to 632

in the Supplement.

County and Division Courts Acts have been omitted, as the Publisher thought that those Acts were suflSciently known by all persons for the past two or three years. The paging of the Supplement is a continuation of the Legal forms and Law Manual.

FORMS.
of Durham Indian Lands Receipt Scliedule Forms to Registration Debentures Act Form of Return to Auditor Fees for Registration of Debentures Agricultural Societies Form Schedule Form to Seignioral Amendment Act

form

60^,607 651,652

667 650 684
692,693 707 707 708 708 708 708 708

Landlord's Warrant

i

Schedule of Costs for Small Rents and Penalties Printed Advertisement Inventory of Goods Distrained
Notice, Distress Appraiser's Oath Form of Appraisement

IMPflffll
iSee

mi fORIS &
RICHMOND'S

STATlIffi

INDEX.')

POST OFFICE DEPARTMENT.
Honorable Sidney Smith, Post-master
General.

W. H.

Griffin, Esq., Deputy Post-master General.

'1

RATES OF POSTAGE,
LETTEE BATES.
Letters Posted
If

Ac,

&c., I860.

4

in

Canada addressed
J oz.,

prepaid, for 5 cents per cents per i oz.

but

If

to any place within tlic Pro. lace pass, posted unpaid such letters are charged 7 °

On Letters
the rate
is

to

Nova

Scotia,

5 cents per

i oz.,

New Brunswick, and Prince Edward's Island, with optional prepayment.
Kingdom
is,

The rate on Letters
'•

to the United

By Canadian Packet,
Cunard
"

12i cents per Joz. ^^ „ „

a ^ZZ7, sterling on arrival hne of 6d.

T r ^"™°

^'"'"°°" ""^''^ P^^P^^^' °^
in

'""'y

^»1 be charged

England.

Letters
tries,

for British Colonies

via England,

and Possessions beyond Sea, and Foreign Counmust be prepaid.

The rate on Letters
"

for the U. States, (except California and Oregon) 10 cents per i oz. for California and Oregon « 15 »

EEGI8TRATI0N CHABGES.
to any place in British North America, the charge is 2 cents. ^ For the Registration of a Letter to U. " Kingdom,

For the Registration of a Letter addressed

"

"

"

U. States...'.

12i 5

«

MISCELLANEOUS CHARGES.

l^r^^TZ

r^'?'' per lb. (with 5 ct", additional

'"

^^

^'''''''
if

P°^' ^° ^"^y ^'^'^ '"

<^^-»'»da is

25 cent«

Registered.)

One Cent per oz., payable in advance by Postage., stamps is the rale on Booka bound or unbound, Printed Circulars, Prices Current, Hand Bills and other printed Matter of a hke character, when posted at a Canadian Post Office, addressed to anyplace in Canada, British North America generally, or United States

Hi

i

r

The Charge on Books,
not exceeding 4
tional for every additional

&c.,

oz. in weight, 12J cents
j lb.

by Book Post on i

to

England,

is

7 cents

on packets

lb.

packets, and 12 J cents addi-

These charges must be prepaid.

BOOK POST WITH FRANCE.
For a Packet of Printed matter, or single Newspaper, Book, &c not over 2 oz. 4 cents. " 8 Do. exceeding 2 oz. and " 4 oz. " " Do. 4 oz. and " 8 oz. 17 " " Do. 8 oz. and 1 lb 34 " And so on increasing 17 cents for each additional i lb.
.

The Book Post regulations between Canada and England apply
between Canada and France.
'

to

matter

NEWSPAPERS AND PERIODICALS. Newspapers published in Canada may be sent by post from the Office of publication addressed to any place in Canada at the following rates if paid quarterly in advance by eitlier the publisher at the post office where the papers are posted, or by the subscriber at the delivering Post Office
:

For a paper published 6 times a week, 40 cents per quarter.
K
i( It

"3
i(
It

"
"
<i

20
13
6j

" "

" "
,

2
I

«

i<

When
>;i

the above rates are not paid in advance

by

either publisher or aub-

criber,

such Papers are charged one cent each on delivery.

TRANSIENT NEWSPAPERS.
Transient Newspapers, that is to say, Canadian Newspapers posted otherwise than from the office of publication, and American or British Papers posted or reposted in Canada, must be prepaid 1 cent each, by postage stamp, or they cannot be forwarded except only British Newspapers distributed to regular

subscribers by Canadian Booksellers or

News Agents

—such papers pass

free as

they would do

if

received in the Canadian Packet Mails.

NEWSPAFERS BY MAIL FROM ENGLAND OR UNITED STATES.
ii

n

Newspapers received from England by
livered free.

tlie

Canadian Packet Mails are de2

u
II
i > i

each on delivery.

Newspapers from England by the Cuuard Packet Mails are charged (This is the American Transit charge.)
United States Newspapers, brought by
.Mail into

cents

Canada, are charged one

cent each on delivery.

PERIODICAL PUBLICATIONS. The Rate on Periodical Publications is, if not exceeding
1

3 ounces in weight,

cent

;

over

3 ounces,

4 cents.
office

If prepaid

by postage stamps from the weighing over 3
oz.,

of publication, Periodicals pub-

lished in Canada,

may

pass for 2 cents each.

Periodicals, printed in this Province, other than Newspapers, when specially devoted to Education (both religious and general) to Agriculture, to Temperance, or to any branch of scipnce, and addressed directly from tlip. office of

publication to be transmitted to any post

office

in this Province, are

exempt

from charge.

its
\i

on packets
cents addi-

of posting Periodicals received in the Mails from the Tlnitor] Sfafa. the rates named in the first clause of th" section

Transient P»moDiOALS-including Canadian Periodicals not prepaid the rate from the office of publication-nor exempted by preced.„g clau.se, and all other Periodical publications posted in thil ^^°^^"°«. Provin must be prepaid by Stamp, the full rate, at the time

commuted

1

""'^'' ^'^^

,

POSTAGE STAMPS

3ly

to

matter

PENAL CLAUSES. The Act contains the following penal clause :— To inclose a letter or letters or nnv w,.;t:.,™ *

j

i

a
)fflce
tid

letter, in

a Parcel posted,

.;

of publi-

:r^:r:^sn""
a! ' t,

"
Vi;::!:!;-;--^
P-^^d
to

quarterly in
are posted,

rs

as a newspaper, at' the rate the case of accounts and receipts

Tpo
of

f.r^:^^'^^-,

pass
'"^

n^vs^

^^'"'^
u
ers

to pass folded within the newspapers senf ^^^^P'^l''^^ '^^^ ^i ^ be

a misdemeanor.

wiTir" L ,,"""''T'^'^^''''e Permitted them to subscribers,) shall
their

'r.

ilisUer or

sub-

I
1

annexed

Money Orders payable in list, at the blowing

MONEy 0EDES3. the Province m ,r i.«
rates:

"^
^Kf

,

^'

""^ °®^«

'''

^''«

sted otherwise
lers

,%

Under and up to $10 Over §10 and not cxccedinf Sjo Do 20 do do 30
Do. Do.
Do.
30 40
CO 80
do. do. do.
do.

Commission chargeable ufon Money Orders
5 cents.
.

do.

posted or

15

do.

40
(50

stamp, or they
ted to regular
irs

30 45 60
75
i.i

do.

do. do.
do.

do.

80
100
the Order's'

pass free as

Do.
N.

do.

do

B.-No

half cents to be introduced

do.

No
TATES.
t

single Order can be issued for

Money
drawn

more than $!00
*

Orders, payable at any
the

Mails are de-

Ireland, can be obtained at
in .Sterling,
;

Money Order Office in n any Canadian Money O^d^ol

o

"'"°

'^'^'^

.\

larged 2 cents

Conimis.sion charge:

shilling sterling

e

charged one

Z^J^'""' MONEY OEDER OPEICES IN CANADA EAST AS POLLOWS ! Aylnior, C. E.
Berthier (en haut). Chambly, G. K. Coaticook, C. E. Compton, C. E, Danville, C. K. Granbv, C. E. Ilatley", C. E.
Lacolle, C. E. Laprairie, C. E. Lennoxville, C. E. Longueuil, C. E. Melbourne^ C. B. Montmagny, C. E. Montreal, 0. E. A'apierville, C. E. Nicolet, C. E. Philipsburg, C. E. Pike-Kiver, O, E. Quebec, C. E. Rimouski, C. E.

" from X3 to £-,, two sl.ilii„,rs V more than .5, but any number of orde;;of 'l^earm:?:

e^^-^r^'o
"

J'r?"

"^
'''

"°'^'''' °'^«

ices in weight,

eriodicals pub1.

when
ire,
il

specially

to
the-

Tem peroffico

of

ice,

are

exempt

Huntingdon, C. E. industry, 0. E. Kaniouraska, C. E. Lauhine, C. E. Laclmte, C. E.

Kiviere du Loup, C. E Anne la Pocat, 0. E. Andrews, C. E. St. Eustache, C. e". St. Hyacinthe, C. E St. Joiins, C. E St. Pie, G. E. ' St. Therese de Blainville. Shorbrooke, C. E Stanstead, C. E. Terrebonne, G. B.
ht. 5t.

I
t

1

Wm.

Henry

Three Rivers, "Waterloo, C.

C E E

(Sorel), C.B.

r

MONET ORDER OFFICES IN CANADA WEST AS FOLLOWS ;Albion, C.

W.

Almonte, 0. W. Amherstburg, 0. Angus, C. W. Arkona, C. W.
Aultsville, C.

W.

York, C. AV. Grimbsy, C. AV, Guelph, C. AV. Hamilton, C. AV. Harpurhey, C. AV.
Harriston, C. AV. Hawksbury, C. AV, Hespeler, C.AV. Holland Landing, C. Indiana, C. AV. IngersoU, C. AV. Tnverhuron, C. AV. Iroquois, C. AV. Keene, G. AA'^. Kemptville, C. AV. Kincardine, C. AV. Kingston, C. AV. L'Original, 0. AA^ Lanark, C. AV. Leeds, C. AV. Lindsay, 0. AV. Listowel, C. AV. Lloydtown, C. AV. London, C. AV. Lyn, C. AY. Manilla, C. AV. Markham, C. AV. Merrickvillo, C, AV. llillbrook, C. AV. Milton, C. AV. Mitchell, 0. A\'.

Pcterboro', C. AV.

Pickering, C.AV. Picton, C.AA''.

W.

Aurora, C. W. Aylmer, C. W. Ayr, C. AV.

AA''.

W, Bath, 0. W. Bayfield, C. W. Beachville, C. W.
Barrie, C.

Portage du Fort, C. AV. Port Colborne, C. AV. Port Dalhousie, C. AV. Port Dover, C. AV. Port Hope, G. AV. Port Robinson, C. AV. Port Rowan, C. AV. PortSarnia, C. AV. Port Stanley, C. AV.
Prescv>tt, C. AV.

Beams ville. 0.

AV.

II

Beaverton, C. W. Belleville. C. W. Bentinck, C. W. Berlin, C. W. Bond Head, C. W. Bothwell, C. W. Bownianville, 0. W. Bradford, C. W. Brampton, C. W. Brantford, C. W. Brighton, O.W.
Brockville. C. W. Brooklin, C. W. Burford, C. W. Carleton Place, C. Cayuga, C. W. Chatham, C. W. Chippawa, C. W. Clifton, C. AV. Clinton, C. W. Cobourg, C. W. Colborne, 0. W.

Preston, C. AV. Renfrew, G. AV.

i

Richmond
St.

Hill, C. AV.

i

St. Catharines, C. AV.
St. Mary's, Blan'd,

W.

George, Brant, C. AV. C. AV. St. Thomas, C. AV. Sandwich, 0. AV. Saugeen, C. AV. Seneca, C. AV. Shannouville, C. AV. Sharon, C. AV. Simcoe, C. AY. Smith's Falls, C. AV. SmithviUe, G. AV. Sparta, C.AV. Stirling, C.AV. Stoney Creek, C. W.
Stouffville, C. AV.

Mono

Mills,'C. AV.

Morpeth, C. W. Morrisburg, C. AV. Mount Brydgos, C. AV. Napaneo, C. AV.

Strabane, G. AV.
Stratford, C.AV. Strathroy, C. AV. Streetsville, G. AV.

CoUingwood, 0. W. Cookstown, 0. W.
Cooksville, C. W. Cornwall, 0, W. Craighurst, C. W. Credit, C. W. Dereham, C. W. Dickinson's L'dg., C.

Newboro, 0. AV. Newburg, C. W. Newbury, G. AV.
Newcastle, G.
AA'.

ThornhiU, G.

VV.

New Hamburg,

G.

AA''.
.

Newmarket, C. AV

i

r
.1

Drummondville, C. Dundas, C. W. DunviUe, C. W.
Elora, C. W. Embro', C. W. Erin, C. W.

W. W.

i.

Etobicoke, C.W. Fergus, C. W. Fingal, C.W. Fort Erie, C. AV.
Gait, C.AV.

Niagara, C. AA'. Norwich, G. AA'. North Port, G. AV. Oak ville, 0. AV. Odessa, C. AV. Omemoe, G. AA''. Orangeville, C. AV. OriUa, C. \f. Oshawa, C. AV. Ottawa, C. A^^ Otterville, C. AV. Owen Sound, C .AV.
Paisley, C. \V.

Thorold, C. AV. Toronto, C. AV. Trsnton, C. AV^ Uxbridge, C. AV. Vankleekill, C. AV A^ittoria, C. AV. AYalkerton, C. AV. AVards ville, G. AV. AYarwick, C.AV. AVaterdown, C. AV. AYaterford, G. \V. AVaterloo, G. AV. AVelland, C. AV.
A^'ellesley,

"IT:

C.AV.

Gananoque, C. W. Georgetown, 0. A\'.
Georgina, C. AV. Glenallan, C.AV. Goderich, C. AV. Grafton, 0. W.

Pakenham, C.
Paris, 0. AV.

AV.

Palermo, 0. AV.

Ppmhrnke. C. AV.
Pentanguishene, C. AV. Perth C. AV.

Square, C.AV. AVest Flambovo', C. AV. M'eston, C. \V. AVhitby, G. AV. AVilliams, G. AV. AVindsor, 0. AV. AA'oodbridge, C. AV. AVoodstock, C. AV. AVroseter, C. AV.
AA''ellington

MASTER AND_SERVANT.
CAP. CXXXVI.

(C.

W.)

I.

tlu.

That the Act , tenth auc, eleviuh^^lrlf
and
llltltu ed,

Ij^dS" tf
^/;
yf^/

•''V';i''"»'=''^''
^'-I'lJtfeCy S

*«-.
' v. d.-dared

liGlgn,

£'«„

:

;^

-"
-.i,

"

c.

r~« ,/,„m
w.

„„„/«,,rf, e. e„l

Zf aClfe t
M
^'"'^'*''''
f

"»^"»

™;r/„rt,i?K,4tx^^
Servants and Labourers the

S;^,-^

.M s^t;\^-;i»E'irret?t
Act to apply
to ongaguiiieiita iiiado

amS

''^^

«ther

wliotUei- 011tL'r(;U

upon

."ay have a'ctuaUy bee„":;„t:^d^;„.f':,

nZ

or not. See Alt, oil paiio^i 492 to -lUj.

FENCES AND WATER COURSES
WTTFT7P AQ u
of Sfe'
fc.icc, shall
[^iAV-'e/i/cYi

to

1

,,

30/A Man, 180-5

1

gl^ti

n^::

ri-ovide,I, that tlie na -ty «r repair an equal or juft

*if wlZinH

-'»"

of «.e Act"
.*"°"'J-'
°'',.'''""*°

P^.,
" ^=•

„"''',"''

=•

<» line pay there' 01 ,s,m^ * fillings an] peuce unrcV 'e';.'r™f'"'S,*''f "'"" "' *-» found trom the scarcity of tmZ'r^nl / 'V""^ "'""<^'»» '* i' '" """y loca'*;«», that the said s„,^ ,^"» of

Z»o
two

ti

L

f'':^' °' ''" <''">"'<'"

*° "'"k"

shi

-7 -^

..../u

wlio shall

make

cm ui such Jeuce:

"f

J3e it tlierei i>ie

inuneratiou to the pai'ty

enacted

<i(

i.

So

ff'

FENCES AND WATER COURSES.
Value of fcncG
I.

(C.

W.)

ed'in'lhrSIm^i'ecited

way

aa the proportion to

Said third section of the above Act, as limits the said sum to two shillings and six pence per rod, is hereby repealed, and the

So mucli of the

amount shall be determined in like manner as is provided by the said Act as to the parties who shall pay therefor, and the parties may be heard to ascertain the amount in like manner as they may be heard as to the proportion of fence to be made.
be made by each party.

DEEDS,

&c.,

BEEOKE WITNESSES,

(C.E.)

REGISTRATION AT FULL LENGTH OP DEEDS BEFORE WITNESSES AND ITS EFFECT, AS PER CONSOLIDATED STATUTES C. E. 18G0 AND FOR THE BETTER PRESERVATION OP TITLES TO REAL ESTATE, EXECUTED BEFORE WITNESSES CAP. 37.
:

length. full length the deeds, conveyances, wills or writings, executed before witnesses, by or under which such title IS claimed, and the Registrars are hereby authorized to register such deeds, conveyances, wills and writings as shall be so brought to be registered, by engrossing them in books; and the said Registrars shall, in the margin of every such entry, mention the time of every such entry and registration, and shall sign a certificate on such deed, conveyance, will or writing, and shall safely keep the books wherein such entries and registrations shall be made, in their offices and all copies of ; such entries and enrolments of such deeds, conveyances, wills and writings, so registered, certified by the said Registrars respectively, shall be sufficientevidenceof such deeds, conveyances, wills and writings, so registered, if the originals be destroyed by fire or other accident. 4 V. c. '60, a. 40. ''"''• When any deed, conveyance, will or On deed being writing is brought to the Registrar's Office to be ^il^tT"^' '^pstered at full length as albresaid, one of the dutlxTcution"' witnesses to the execution of such deed, convey^^ 7"^i"g' Oi". to the signing and publishing of such will, ^^Ti make shall oath before the said Registrar, that such deed, conveyance or writing was duly executed by the grantor, or that such will was signed by the testator. 4 V. c. 30, s. 41.

lauds A ^^ PERSON having or claiming Title to any aWfut" -^ ^®al Estate in Lower Canada, may register at
Titiel^to

Certain affidavit

d;ed"bo*,lor^ i^

iS'ration
egii. ere r'e^i'tered'"^''^
.

'^^' Such dceds, Conveyances, wills and writinn's, executed or published in any place in t/ns Pro^'"^':''' "^^ ^^ing withiu the Registration Division in whjch the lands therein mentioned lie, may be registered at full length, if an affidavit sworn before

one

REGISTRATION OF DEEDS PASSED BEFORE WITNESSES.
the above
)

shillings

d,

and the ner as is
shall

used in the

who

3rtain

the

•roportiou

(C.E.)
(WITNESSES
C. E. 1800.

'^"^'^ ^^^^^^ «0"veyance vvilTo? wHti.^. toth!^''""f * "^''l '' '''''' '^^""^" ^"'^ ^^ ^^e witnesses to the execu ?on of n.h 'J or to the signing anS ^^^t'^S' pub 1^ ''^"" '^'^' ^^at ho saw the said ?leed Sonveva ?p L^ Will si,.ed and 80 Ivory such registration at full

ZeS Co ,T r'T''

^°,''

^"'^^"- affidavits to

be

v^^^:z:i:^:'':mi :'r
length of
to

udged to be the entry of a memorial tl»io,if t" /o»i«»i™t pursuant to tins Act, an./shall have the same "»^»-.""'ui. ail)

TO EEAL
tie

thTei'LCr/ "T""
in the

-"t^-radi

a memorial

to any

»m

regrtl^rce "nd

'"'" ^"S'""-'" the""i"?' ^'f

y register
wills or hich such lorized to
-s

shall

be

)oks; and ch entry,
tion,
1

and

&!;g*^aShr

^-^

<"

™-^^

"l^

or writ-

itries

and

copies of
ces, wills

™<' mo the siirl A^n pl^"?, a memorial where'^.f w,s rogiSd™ t^"" "' '"^ "'""'""' '" *''" y"" "f Our Lord And I hereh,,
;

year of Onr Lord C. D., of the one part

and

""le ^"/f atln^^g^f *"
a
,
,

Registrars
I,

convey-

Isbe deswill or See to be e of the

tTe rjg?stef As wifness my year of Our Lord

™«'le in IhSfc 'sS "''"'"' ^^'T"' """' L™. P"'™-"
"> •>«

3, tit

"^

"Sjit^i aay ot

'<>

^ the

conveyuch will, ch deed,
antor, or 3, s. 41. writings,
this

Signed in the presence of 0. P. of, &c. R. S. of, &c.

A. B.

INSOLVENT DEBTOES,
'^'lS,Tj,\^^^^'i^^^^^

(C.E.)

Pro-

ARREST A.D DEHTORS._coNHo'LmSV^?^T^?E's^'8Vo'^ OF INSOLVeS
Assembly
:

ivision in

may be
»ru

before

follows

ot

Canada, enacts as

one

OP

"T"''

INSOLVENT DEBTORS.

(C. E.), ISGO,

Of Ctqnas ad RmpnndcMhmi~-Secunt!j~and Allowance of thi Prisoner.
Subject to the provisions and excoptions liere'"inle.—In ail cases in wliicli a jndge of the Superior Court, a protlionotary of the said court, or ""loriau't a clerk ot the Circuit Court, in the district in a'^^ujtoabwhich '"• ""_"" lie is prothonotary or clerk, is satisfied by the affidavit of the planitili; or his book-keeper, clerk or legal attorney, that the deleudant is personally indebted to the plaintiff in a sum amounting to or exceeding forty dollars, lawful money of this [)rovince, and also that such plaintiff, his book-keeper or legal attorney hath reason to believe, and doth verily believe, iipoii grounds to be specially set forth in such affidavit, that the defendant is immediately about to leave the province of Canada, with intent to deframl his creditors generally or the plaintiff in particular, and that such departure would deprive the plaintiff of his remedy against the defendant, or that the defendant hath secreted oris about to secrete his property with such intent, such judge, prothonotary or clerk may grant a capias or attachment against the body of such defendant, to be directed to the sheriff or a bailiff of the Superior Court, as prescribed by law, to take and arrest such defendant, who may be held to bail by the sheriff for his appearance in the manner prescribed by law ; and in default of bail, such defendant shall be committed to prison and there remain until special bail be given by such defendant, or other security according to law 2d G. 3, c. 2, s. 4,-12 V. c. 42, ss. 2, 12,-12 V. c. 3S, ss. J 9, G3*
AVritoffop/M
!•

:ain"aH.!son^!>'^^t«V
i.i'

nZfonZui:.,
vit before

h

il

before a Commissioner for rS'^Jam- receiving affidavits to be used in the Superior Court, davits. xindei- a warrant of arrest to be issued by such Commissioner, under and subject to the provisions of section Jiffn-fuur or chapter eight-three of these Consolidated Statutes. 9 Q. 4,

!; Com- to ttic like eficct

^"?^

™«*

™ay
made

^'^^so

be made, on an

affidavit

writ of capias ad respondendum shall be or issued at the suit of any person residing Canada against any person residing within the limits of Upper Canada, unless, in addition to the affidavit required by this Act and by any other law, the plaintiff' or some other person makes oath before a judge of the Superior Court, or before any other officer authorized to receive such oath, that the defendant is immediately about to resort to some country or place without the limits of Upper Canada, and hath not, within the limits of Upper Canada, any lands or other immoveable estate out of which the plaintiff can reasonably be paid the amount of his debt. 5 U. 4, c. 2 s. 3.
<iu'vitn'ptTitm
^'-

^^

[4'boV;re't?-g'''V!**''^ ca 1" Upper

;

;

;

Cap. 40. LESSOU

AND LESSEES-UianTS. PROCEDURE,

&0. (C. E.), 18C0.

hi Prisoner,

LANDLORD AND TENANT
As per Consolidated

ACT.,

tions ficre-

Ige of the

Statutes C. E. 18G0.

court, or tin whicli the atlidaattorney,
(1

CAP. XL.

\

a ill motley ak-keeper
liiitifFiii

H
1.

AN ACT RESPECTING LESSORS AND LESSEES.
Ell M.joHty by and with tho advice and consent of the tivo Council and Assembly of Canada,
enacts as follows
Lec^iisla:

°

RIGHTS OF LESSOR.

y

believe,

ivit,

that

The Lessor or
this

under
1.

•evince of ly or the

Act

Proprietor shall have a ri-ht '" '^ "i ^'o"'' of action

t„ T-PRsor , Ims an lU'tKm to readua

To

rescind the lease,

when

the tenant

"""""
fails to ^ar-

d deprive that the
erty with
'

grant a

2.

To

rescind the lease,
;

when

aut, to
rt,

be

upon the premises leased

the tenant commits waste ^^^®

Or commits

as ^VG-

who may
B

manner
bail

dent intent for which they are leased
4.

niists leased tor illegal purposes, or contrary to the evi ^

"'"'*

*'"'

'"''S'^l

^"'^^""''''•

lant shall
il
;•

To

be
G3.

recover possession of the property leased in

ill

t

to

law

5. J

9,

jvhen the tenant continues possession of the premises leased, against the will of the proprietor or Io..nr n^i !? the lease, or without paying

m

('^^'^^verpom-s•

affidavit

the^eK^di ;^r

t^

%

ioner for
)r

Court,

ich

Comthe relation of lessor and lessee
C.

fifUj-foar

°

ifiiao

or law.

9 a. 4,
shall

be

residing

g within
affidavit
lintiff'or

any action to enforce the aforesaid re a dcmande for rent due, or to which the lessor or proprietor is entit ed, with or witlmnt ..tt.,^J... P^ oxeicise the droit c/« '..uvl when lecL'JJ::' 'rv!, 1^^^^

To

join witli

mcd

...cdies

Rocovery of
rent. '''''
' ^

,,}

1

^"^

RIGHTS OF LESSEE.

Superior
ive to

2. The Lessee
1

shall

have the right of action—

Rkht of action
I'ossoe aa ro-

such

m

,

some
other

Jr'. and pa rs ?.

md hath
)r
i

«•• ^«'^««^ t« '«ake the re'''T^ "•' ^''f'''^'' ameliorations stipulated in the lease, or incum-

R'^^-".

son ably

«.

<

lare. hi«

y, s. 3.

pairs

„p u,a) to have a rescision of the and ameliorations being made
;

lease in d.

fn,k nf ^*

'"""'^ '^-

2.

For
1^'

)-iM
'

,^ ?'m

;

^1

Cap. 40. LESSOR
DnniaKcs
for

AND LESSEKS— RIOIITS, PROCEDURE,

&0. (C. E.), 1860;

wTrC'I*
iPa^' for breach
of contract.

2. For the recovery of diuna<,'eH arising out of im ni^rccmctit of IcaHO, or of the rehitiou of lesHor and lesweo

For the resclHion of a lease for a breach of the conOH the part of the lessor, or a failure to perform tlie Jb. s. 3. oblij^allouH devolving upon hiui by law.
3.

tract

PROCEDURE UNDER THIS ACT.
ant.

3. Any tenant, sued under this Act, matters in defence, which he could urge, lf>. s. 4. the ordinary process of law.
Defoncc by ton

may
'^'

if

urge any sued under '

Actions under this Act shall be instituted in the Superior or Circuit Court; and the jurisdicannual value or rent of the property letised shall determine the rent sued the Court, whatever be the amount of danuioos and
Whero actions may bo brought.
/g
^^^^^,^, ^^^_^^^^^^^ ;_^ ^j^^

tion of
for.

IL

s.

5.
•1.

Any

judjrc of the Superior Cour'. in vacation shall

have and exercise, on any juridical day, all the powers of under the Superior Court in term, in all suit,s instituted in such Court
Sn^vStion"'"'^"
this Act.
II).
s.
(I.

6. Any judge of the Superior or Circuit Court

shall

^''"''"'* have the siime power in vacation as in term of die CirCo "rt"'*' lb. a. 7. Act. cuit Court, to hear and determine suits under this 7. It shall be competent for the Court or Judge, as the case may be, to hear and determine all cases arising

pol''orriTmif""xl tend.

or lessee,

under this Act, or growing out of the relation of lessor and award costs and every process necessary to enforce Judgs.

ment,

lb.

8.

bJoxtSaSi!^"*'

8. Writs of summons, attachment and execution, be directed to and executed by the officers to whom the like writs in other cashes in the Superior and Circuit
shall

Court arc directed and executed, except writs of possession issuing in tlie Circuit Court in any suit under this Act, which last mentioned writs ///. shall be directed to and executed by a Bailiff of the Superior Court.
s.

9.

9. It shall be lawful in any action brought under this miTo'smTout Act, with which a fkmande for rent is joined, to sue out in suits for rent. founded upon affida.^ ^j.j^ ^^f gaislf arrU or urrtt simple such writs which vit according to law, and any moveables seized \indcr
have been used to furnish the property leased, if seized upon the premises thereafter, shall bo leased, or after their removal, but within eight days if seized by sold subject to the privilege of rent, in the same manner as
saisic gagerk.
lb.
s.

10.
clear

10. One
service luons.

dny between service of summons and

the return thereof in any suit under this Act, shall be sufficient when the place of service is within five leagues Vom that of the sitting of the Court, and an additional diiiy of one Ih. s. 11. lav for evcrv additional five leagues. 11. If

?vKS*rum"

:

E.), 1860.

Cap. 40. LESSOR

AND LESSKES— RIfJIITH, PROnEPURK,

&0. (C. K.), 18G0.

>f ail ni^roc-

IcsHoo
>f tlio

;

the return of the writ of Huniinons, and

contlio

II. If the Defendant does not appear on the day of b- fore ii ii of the '''"'' }'''' ''"''" "^'^'^' ".'^"""'^t him, ''•?.' and the im''^n'".'*

'"
^''"""

<""«'

°' ^^'

pcrtonu

he ,11 be lu'ld t,. plea.l writing betl.ro noon of the next jurid cal day loll„w.ng the return day of the writ, an.l in default the copea. s

m

ir y,^;;;//!!';^] y urgo any

?''"
''

'"''

"*'""''' '*"'''"'' *" P^^*^^' P'-^^^^^l

Hued under

utcd in
I't
;

tlio tliu

and

obtain from the Prothonotary or Clerk of the Court, arte of foreclosure of the Pla.nt.fr from the right
cat.o,,

may

ta. The J'laintiff shall be hold to answer the plea of the J)efeiidant on or before noon of tlio juridical day next after the filing thereof, and in default thereof the Defendant
therefor fo.indcd

^"-'^v

'•"•

"^^'

'"'"''"«""*•

he jurisdicd rent suod

ication shall

powers of Dourt under
10

answer, without any dema.id of plea or service thereof; every subsequent pleading rendered ,For sulwequent necessary shall bo P'""'*'"*''made and filed before noon of the next juridical day after I.e f.i.i.g of the Plaiutifi;s answer, and in default thereof foreclosure shall be granted to the Plaint fr, and he shall be permitted to proceed o tia .md judgment without further completion of the issues in sul cau^
u.id

of filing such answer, upon appliupon mere lapse of time and such default to

Court shall
I

of the Cirs.

.

7.

Dr

Judge, as

Bases arising

ion of lessor
iiforce

Judg-

1». In causes under this Act, when the issues are eomnlete or ohhTr-' *''"' party has obtained foreclosure or right to proceed er j.«,'e the plaintiff or defendant may inscribe -^'•3««««the cause upon the roll des enqncfesfor any juridical day subsequent to the day of the filimr of such inscription, and proof shall be adduced on such day and «)"f ^' l.uued from day to day till closed by both'parties
2

And whenever

ceedmg
l

shall cease to

execution,

!ers to

whom

and Circuit
isuing in the
itioned writs
r

Court,

fh.

on the application of the opposite party, Closing En. shall be declared '^"^'"' closed and upon the cnqiiefe of both parties bcinclosed cither plaintiff or defendant may inscribe the cause for final hearimr on he next juridical day after the closing of such e,njnSte, withon to the opposite party, but if such cause is inscribed upon any sub seq.ient to such last mentioned day, notice thereof .shall be scn-cd >^u upuu the oppo.site
;

on any enqnetc day the party whose mquete adduce further evidence, his aign^te

is

pro^

party.

J{>. a.

14.

nS CuZ

it
id,
1

under this
to sue

out

14. Act in
and

upon
writs

EnqticfPH in suits or actions instituted u.ider this ihG. Circuit or Superior Court, shall bo

EnquStea to\»,

affida-

1

which
bo

the preiuisos
fter, shall
i

if seized

by

writing unless the parties agree to take them othoi-wise '»'"^>'=h cmo' tho *'"^' *"'"' If in any case tho rnqmte is not taken in writin-^ by notof consent of parties, the Cou.;t or Judge before whonrsuch case proceeds, shall ake minutes of the evidence, which minutes shall be deposited of
''"''^l ...III' Ti ;," i\r''^ eydeneo shall, for the purposes of such adduced m such case. lb. s. 17.

taken in brcm;".^,r'fn'

'^'

^-'^^^

^^''"^ "Pl^^^'^^, such minutes of appeal, bo treated as tho evidence

utnmons and Act, shall bo
ri

leagues delay of one
five

15. An appeal shall be allowed f.-om any judgment Appeals and to what Courts. rendered in a suit under this Act instituted in the Circuit ^"urt, to the Superior Court, and in suits instituted in the Sup lerior Court, to the Court of Queen's Bench,
under
tl

:ime rules

and subject
to

;

,r(^

Cap. 40. LK880a

AND LESSEKfl
iis

RiailTH,

PROCEDURE, &0. (C.

J'].\ 18(i0.

to tho Hiimo conditions

other iippouls aro iuMtitutod from ju(l;^iont« of

tho Huid (yUurtH, uh
torm.
lb.
8.

wuU

ii'

Huuh judgmuiit^ aru rcudvi'ud iu vuuutiuu

uit

in

16.

Pfltsond hold lnKl>y iMTmlNNiDti
to
Ihi

10.
bound

I'crsonH holding roul property
to

by

pcrniis.si()n

of tho

«

IujIU "to'bu

proprietor, witiiout loiwo, HhuU bo hel(f to

be leasees

und

'"* lOHHU

pay

to tho proprietor

tho annual value of hucIi

property, and tlieir term of hohlinii; >*hall expiro on the first day of May of caeh year, and sueh holdiiij:; shall be treated for tho p»irposes of this Act, UH un annual hirinj^ or lease, subject to tnclUt rcamdaction, and all rules of law applicable to leases, and the person so in occupation shall bo liable to ejectment for holdinj^ over, for allowing more than three months' rent to remain unpaid, ur for uny of tho uaUMCti mentioned in tiiiti lb. 8. 16. Act.
Defendant not
to
Vx)

^'''

ftimrdiaa

under

this

Whenever a writ of Act or under the
same
shidl

snlsie

gnge.r'ui

insues either

law. to seize the elFects of a
left

^gvril

of giving oc

consent

wilZ* "by »"
.

tenant, the

not bo

in the guardianship of

the defendant without the consent of the plaintiff, or unj^^^ j^^ offers sureties to be approved by the Sheriff or

bailiff aa the case

may

be,

for

the production of the said effects,

'hich

sureties shall be liable to tho same penalties and obligations therefor U8 guardians now arc in tho case of ordinary writs of execution. J l>. h. 1H.
o

..„ HoIdlnB

over

for three da.vH to Kivo right of ac-

\

1
Costs

proceed to recover i I^i possession 01 the property leased, it the lessee holds over ^j .jiiy tiino after the expiration of three days after the lease has expired, or after the term of holding has expired. lb. s. 10.
or lessor
,
.

proprietor 18. The ,.* '
,

may
•/•

,

i

i

i

i

I

under

tliis

in suitH Act.

10. The Court
award and tax

or Judge, in cases under this Act,
tariff' of

may

costs according to the

the Superior

in tho Circuit Court wherein the amount of tho matters in contestation exceed two hundred dollars and in all cases the costs shall be taxed according to tho amount iu contestation Provided that in no case shall the costs be loss than are allowed in au

Court in actions instituted

all

appealable case of the lowest class in the Circuit Court..
,.

Ih.

s.

20

Act shall affect any cause or pro„ ,, Suits pending ,• i•^rm on3()thMav,i86o, ceoduig instituted or commenced beiore the Ihirticth day not atrectei. q^' ^ijjy^ ^^j. thousand eight hundred and lifty-tive but all proceedings of such nature shall bo continued and finally determined and enforced in the same manner as if this Act had not been passed.
in this

.

20.

Nothing

i

i

i

,.

i

.

i

;

lb.

s.

21.

See Pages 141 to 145 for Forms of Leaces, Landlords Certificate OF Rentinq, Tenants, Certificate of Aoreement in Richmond's Legal Forms And LA^v Manual.
;

JV!

B. Alljircvious Arts Canada East with rcfiTmce to Landlord and Tenant arc rejtcalcd, iS'tc rtpcakd Act on. pages 405 to 408 in this work.

;

.. .

D.

E.\ 1860.

jud'^ionta of uuutiuu u»
ill

iilswion
i

of

tlio

4

RICHMOND'S

leMsocH uiid

llluo
,

of

Hllull

uy of posoH of this
(l;iy

M

LEGAL FORMS AND LAW MANUAL.
TIME TABLE.
TABLE
SIIEVVINO

cfinit iind

III!

ition hIuiII

bo

hroo

nioiitlis'
ill

)ued

tiiis

THE NUMBER OP DAVS IN ONE MONTH, TO THE SAME DAY IN ANY OTHER MONTH.
Feb. Mar. Apr.|Moy Jun. July AllR Sopl
(k-t.

From
LsHucH
I!

Jan.
SiVo

Nov Doc.

cither

of a irdiiiiiHhip of
effcctH

January,..

February,

lintitf,
ic

or

lui-

March,

. .

Sheritt" or
'liich

April, ....

itt'cctH,
I

therci'or

us
18.

May, ....
June, ....

Jh.
D(]
i!o

H.

50 00 120 151{181 212 243 273 304334 334 365 28 59 89 120150 181212 i42 273 303 306 337 365 31 61 92 122 153 184 214 245 275 275 306 334 365 30 01 91 122 153 183 214 244 245 276304 335 365 31 61 92 123 153 183214 214 245 273 304 334 365 30 61 92 122 153 183
31

to recover

^ July
August,
..

184

hoklH over

153
12i'

dayH

after

September,
October,
.

215243 274 304 335365 31 62 92 122 155 184212 243 273 304334 365 81 61 92 122 153181 212 242 273303 334 365 30 61 91
123151 182 212 243,273 304 335 365 31 61 92 120 151 181 212242 •'^73 304 S34 365 30 62 90 Y2I 151 182212 243:274 304 3351365

holdiii''

has

92
-'

his Act, uiay

November, 61 —— December, 31
H. F. TOBIAS, IN
Mr. H. F. Tobias.

the Superior
110

aniouut of

IS

and

111

all

ACCOUNT WITH EDSON, HEWSON

jontestatiou
illowcd
.

AND

CO.

ill

ail

8.

20

In account with Epson, IIewson

cause or pro-

1854. April 30th.

& Co.
2 11

To Goods (at 6 mos.)

day fty-tive but i determined been passed.
'hirtieth
;

per account delivered, Cr. s. d.

£ 128

£

By Note due 25th
"

.Tune, for Interest from 17th June to 4th

15

Nov. 140
6
ir

days
"

Note due 3rd July

25
1

DS Ckiitifi-

iEMEiNT

;

IN

' Interest from Srd July to 2nd Nov., 123 days 10 " Note due 17th October 43 19 ' Note due 17th November 43 6
(E. E.)

6
5

niid/ord
I

mid
this

408

£128 2
Edson,

11

ill

Hewson

«fe

Co,

Quebec,

May

1,

1854.

ri'

H

IB

lEOAL FOHAtS AND LAW MANFAL.

CURRENCY TABLES.
DOLLARS AND CENTS, CONVERTED LNTO HALIFAX CURRENCY.
Dollars

and
Cents,

Halifax

Dollars

and
Cents.

Halifax

Dollars

and
Cents.

Halifax

cy-

cts,

&

s.

d.
0-1

£

s.

d.

1

cts

&

8.

d.

OJ-

2

18
I
!>

1

7i

2i
3

H
If 2^ 2* 2*

IJ

1

105

3i

4 4^
5

5*
6

n
3f

s

2 2 2 2 2 2
3
3

li
3

4i
6 9 3
6-

6i
7

4
4i 4* 4i 6 5i 5f 5f
6

7i 8 8i 8i
9

3 3

9

Ill

9i 10

lOi
11

050
1

4 4 4 4 4

3

4*
6 9

Hi
12

12i
13

13^

14
14i 15 15^ 16

6f 6i 61 7i 7i 71 8i 8i SI
9
I

25

5 6

7*
3

6 lOi

7
8

6 9

8
1

3 2

87i 00 121

9

4J n\

10 10

161
17

18 19 20 22i 2o" 27i SO

1 1 1
1

10 H
3

91 9f 10 lOi 101 IH-

11 3 11 lOi

12 13 15 16

9 3

loo
1

18 19

\\

4i

4i
G

1

5 10

00 1 15 8 00 2 00 9 2 5 10 00 2 10 20 00 5 25 00 6 5 30 00 7 10 35 00 8 15 40 00 10 45 00 11 5 50 00 12 10 65 00 13 15 60 00 15 65 00 16 5 70 00 17 10 75 CO 18 15 80 00 20 85 00 21 6 90 00 22 10 95 00 23 15 100 00 25 125 00 31 6 200 00 50 250 00 62 10 300 00 75 350 00 87 10 400 00 100 450 00 112 10 500 00 125 550 00 137 10 600 00 150 700 00 175 800 00 200 900 00 225 1000 00 250 1200 00 300 1600 00 400 2000 00 500 3000 00 750 4000 00 000

7

10
11

H
15 16

12 13

17
18 19
1

2
8

I

<

OUEBBlTCy IKTO STltBUNG, BTO.

CURRENCY CONVERTED INTO STBRT ma MONEY INTO

D^LA^IfSC^ ''"^^^^«

AVT^

«™,

£
2 2

S.

d.

1 15

5

2 10 5 6 5 7 10 8 15
.10

16 20 24 28 82 36 40 44

00 00 00 00 00 00 00 00

11 5 12 10 13 15 15 16 5 17 10 18 15 20 21 6 22 10 23 15 25 31 6

50 62 10 75 87 10 00 12 10
25

37 10 50
75 00 25 50 00 00 00 50 00

To mmrt Cwrrmcy into SterUng

1

Stbbx.ij(q
f

M
'Mi

LSaAL FOBMB

AOT) ULVT MAinJAI.

STERLING CONVERTED INTO CURRENCY, AND CURRENCY INTO

DOLLARS AND CENTS.
Dollars

Sterling.

Currency,

and
Cents.

Dollars
Sterling.

Currency.

and
Cents.

£

s.

d.

£

s.

(1.

$

cts.

'

£

8.

d.

s.

(1.

$
19

cts.

1

n
3

H
If 2J
3i

4 17
6
1

4
8

Si 4 'H
5
G

Sf 4i
6

6f
6

'0

7 8
9

7i 8* 9i
11
1
1 1

7 6 8 10 9 14 10 19 12 3 13 7 14 12 15 16 17 18 5 19 9

4 8 4 8

4
8

4
8

<0
1

10
11

2
3

2 3
6

n H
1

4
5
6

4 lOJ
7
8i

7 8
9

10

u
12 13

14
15 16 l7 18 19
1

u
1
I

8 6|9 8| 10 llj 12 2 13 4i 14 7i 15 9f 17 Oi 18 3 19 5i
1

20 13 21 18 23 2 24 6 80 8 30 10 42 11 48 13 54 15 GO 16 73 85 3 97 6 109 10
121 13

4
8

24 29 34 38 43 48 53 63 63 68 73 77 82 87 92 97
121

4
8

4
8

4
8

4
8

u u

H 14 4
1

8i lOf

243 6 865 486 13 G08 6

4
8

146 170 194 219 243 292 340 889 438 486 973 1460 1946 2433
2!I20

4« 33i 20 07 93} 80 67 58J 40 27 14 00 87 74 61 47 83^ 67 00 83i 67 00 33i 00 67 83i 00 67

U\
00 67 38i 00 661 88i 00 661

730
851 13 973 6 1095 1216 13

8

4 8 4

2 8

2 8 3 13

8

8406 3893 4880
4.^66

To convert Sterling into Gurreney.
Multiply
fifth.

by

73, and divide

by

60, or

add

one-fifth

and one-twelfth of that

2

WOBTH

WOBTH BEINO BEMBMBBEBD.

ENCY INTO

WORTH BEING REMEMBERED
Common SE^s..lMr Cox an F^JI^^r""hnghsh barrister, havin*' " written «n article, j «vf addressed to Lord v^iiici Justice ChiefJusticeD^nm^n complain Uenman, ne of thp Jnin-., ii .
^^-^
'
i ,

°'

^°'''*"''^

^^^
.

Dollars

and
Cents.

i

to the legal profession in jurisdiction of the County

^

$
19

Ctg.

24 29 34 38 43 48 53 68 63 68 73 77 82 87 92 97
121

4« 33i 20 07 98} 80 67 58J 40 27 14 00 87 74 61 47
67

out

""""'' '"ed >» County Courts are on h,.,!. . j j «des, conducted by the parties, with. assistants h'fr!^*

A^l thlT^ Couranrh^^^^ practice. Lord Den.an h'a'r.:llV:^^^^^^^^^ Review, in which he says :_ ^ '° " 'f " be true that three-fourths nf ,ll ti,.
Enc^and
"^

"'° ''*™

serious reflect,™

.ransactiot:ij„t:,
of professional
taught
tion
skill

Trr"". '"',™""""'' ''"^ '» "''"" t"' "'"^ °" "/"^"'"^ x:id:^^s ">« ^"^'io" »„7 h! ^1 ^
'''"'''"'''

™e„

in

^en

mU ter'l'T.f
.

m
67

T''"'"""-"'^ '^ ^he rules, unavoidably which rpa.„lnf» "'^' property? and trdi:e1err'"'"'r "jystery Of special pleadin^.l^ty
arbitrary,

argurnf What is^aU . rarely required, exeeptfoa dLu bn ^ "''°"^^'''" «*
and

VT

'"'"•"'"' ^''"='""'" ^as '''•"''^''''"''™-

Iru

tf'rrmt

"

tus^

o'f

Ihf'l

f

146 170 194 219 243 292 340 889 438 486 973 14G0 1946 2433 2920 8406 3893

00 83i 00
88i 00 67

intL'tt
the
title

33* 00
67 3di 00 67 38i 00 66* 88* 00 661

Offices," " then siven tor u" " Cicero's three books, •< n. offlr»» " ^ « ^ understanding of the dufi»« «r „ '" '"".""^ '=™sidered by him as the true Lisrfl/ '"""'"' of the ab est lawyers ' "">' "'"= °"<^ onhiscl,? '^'•'^,'' '" "'°"« '"''""' »^"^« united to largesf

o"i:^:f:t't° ^rr* »i'l> ''''«">
"'
• ,

"'^'"''' ='-• -"- '"»
rally's

„l^. clear

J

™^

^l

exnepLlcrf
,

master, the lafe
to

Mr tLT

a pupil

are called

who was about upon frvour on „f

°P™»"-"y honored w^r''™ """''' '^' *""'='= ""^ *"e tT
.'

T°'

'"^'''''" W'"""

X""

4880
4.^66

of the ..cti:

pret^sure
.n

an^LTriderwttTHgh.''^'r''^"'^'r

that is the law, without

i^^ch inZZY. "^

vrelfth

of that

op:t:„\:rtt:

St?f nl-lr:^.

-

persons ditre,

(Copied from the Quebeo Mercury.)

Tt\

WoKTg

3
Bill

ZFQXL FOHlfB
I

AJSTD

LAW MAHUAL.

'4

if

BILL OF PURCHASE.
-\m

Toronto, June

15//j,

1854.

Mr. Henry

Gilbert.

Bought of Wm. Harrison
No.

& Co.,

JShff Street, West.

1854.

Description of Goods.

£
8
1

s.

d.

No. 2
« 19

10 pes. 350 yds. Bleached Shirting Cotton, at 6d

2'"
1
*'

" 4 « 29

i " } " 2 cwt. Muscovado Sugar,
128
5
lbs. Coffee, at

Jean Stripe, at efd. '* 4-4 Linen Sheeting at 2s. Id. 9-4 Cashmere Shawls, at £15. Linen C. P. Handkerchiefs, at.... 40s.

U
13 9 12 11 10

60 35

«

3 7
1

at

45s.

4 10
5 17 4 5 6 3

nd.
2 is. 8d]

brls.

Superfine Flour, at

Received Payment,

£

38

5

Wm. Harrison & Co. Per. W. H. Richmond.
BILL OF
Messrs. Ansel

BOOK ACCOUNT.
Montreal, /une
16/A, 1854.

Shaw

& Co.
Description of Goods.

To Lewis Hammond,
1854.

Dr.

s.

Mar. 6 To 31
14 Apr. 10 «' 18
" "
"
1

pes. Fashionable Chintz Prints, at 18s.6d. " 15 yds. fine Black Cassimere at8s.9d.
.

May
"
I!

24 2

10 June 14

Stocks, at . . .3s. 9d , 6s. 3d. P&irCalf Boots for Mr. A. Shaw i doz. Boys' Cloth Caps, at 25s. 8 «' Ladies' White Cotton Hose, at 12s. Silk Hat, No. 17, at 1 20s 1 Black Satin Vest for Mr. Wm. Pearson
1

2 Black Satin

28 13 6 6 11 3
1

1 1
1

10 5 12 6 16

7 6

1

Received Payment,

41 15 9

Lewis Hammond,

Account

AOOOUNX'
/A,

01"

BAMS.

1854.

Account „, S.u»

m„.


J.

Wm.

G.«s„^

,„,

[SON
eet,

& Co.,
West.

Aoco^t or

B. Hinds.

1854.

Description of Articles.

£
1
.

s.

d.

March 2.l3months 8
^
I ,

8
1

U
13 9 12 11 10

Y.H. Tea, 638 Ibs.^ '' at2s.6d 79 15 lhhd.Sugar,1125lbs.at6J.*28 2
chests

"*'

6

.

.

3 7
1

April 8.J4month8lhhd. Molasses, 110 galls
'

*t

*•
.

.

4 10
5 17 4 6 6 3

at2s.6d f...'*i^ 3 kegs Tobacco, 260 lbs., ** ^^ 13
brls Pork, at 60s
nett,

!«;

J

10
^^' ^
'

.

.

May 22.f5months 20

4 kegs Raisins, 400 lbs
:

J7T7
11

^

38

5 3

**^d June 10 jCash ..3 bales Cotton Yarn, 1000
I

13

4|]

''^
j

tCo.
Richmond.

13

4

at Is. 4d.... 66 13 8 tierces Rice, 2300 lbs nett,

lbs. nett,

4
21

^^^i^

23 19

1854.

Charges
Cartage, Postage, Cooperage,

^
^'

»MOKn, Dr.

&c

£

Commission on amount of
s.

17

6 5

d.

Sales, (6 per cent) .. 14 17

.

.

28 18 6 6 11 3
1

Nett Proceeds

Due by

£

.

.

.

1 1
1

10 5 12 6 16

average, July 17. 1854. (Errors excepted.)


1

15 14[ll

28l|l3r5

==

Montreal. July

William Glassford.
1.

1354.

.

7 6

41 15

J

Account

«
IJSOAL

rOEMS

iCSCD

lATf HAXUAL.

«

U
CO
1—

ej

« o
00

a

m «!

o Q

•J

g
<

K H
0*

o

I
O
g.

00

©O
lis

I(N

©o

o

t- lA

O

'--I

o
o u o
<5 CO

V.

^*52*
CO

o© in
*- .g
4)

© CO o
CO

-a
00
«rt

s

a>

be

c4

1^ ©
CO

a

c

>

'S J3 -a

r

•5
0)

Q

C > C— p
'-'

to S

*-'

O
t-

-3

B 3 O o

V
(-*

CO

CI.

u c
>
e3

q

•^


cs

£,^
d^ g-O
-fi
CO

3
o
CO

X c

s o J
T3

o

^

^
(^

-•

c *j « ed *j « ^*j £ c oj ja «- « (U u m v u <u *± o *S o e3 "S o
t-

C"^^

O) .M ki (1
C!}

00

O

S

Co

p)

©
(U

15 PQ

I
-a"

00

»-

S

6

A BALAITCE OB PBOOF

SHISBT.

A

Balance or Proof Sheet, when the object whether you have gained or lost in
Titles of the Accounts.

is

to ascertain

conducting business.

Stock Account, (Capital commenced
with)

James Stevens Henry Charles
.

,',
.*

William T. Romain . . Lewis H. David Styles Norman Donald
.'

&

*
.*

Oliver
Bills Bills

Seymour

Receivable Payable

',',

Merchandize (per inventory) Cash on hand Profit and Loss (nett gain,)

tervln^" it .s necessary that you should make a statement of aflihe debts due to you, together with all the property of which you are in po st'''^ •^^'"^'^^^ •" *^^ ^^°- '^^ hand columns place all the balances which are due from you to others in the rlht hand columns, mcluding the amount of capital commenced with (as above The d^erence between the aggregate of these columns, when footed i^he
in .nterval of time,

''"* '^'^' ^^"^ ^'^''"^^ °"'y Of accountsdue from others "^ and r from me to others, together with the present value .VCyatiZl kinds ofproperty of which I am in possession as owner. Whenever you '';•""'""' '' "^" '''^' ''''''"'' '" ^"--- during tn n to mo,

IX
TZ
Hgh

7L"\TZ'r

r

resull

dws^

profit. But if the rlHit hand columns contain more than the left, the difference is your misfSue and your business has been so much worse th'an noX ! in Vh"'

ha d the dTr hand, difference

I

'' ''° "^^ '^"'^ '^"'"""^
,s

your

^-*-^ ™°-

than the

nett

amount of

IZ17:A1VT''' /"
on h nd

nf

"''* '^P'''^'' '^"^

^hat

it

was

at

anv previous
^^

period,

is

the loss or
tl

'''

^^«- ^--P'^
''
'^'''''

'^PP-^"'^^

that th

si' 31oITd
,

ther ^-Uh 'ife

the ri!;^ h
Id!

?°""* ''"^ iln •^''P"'^^'"^'^ commenced with, '''"" "« '' ^^hers. togef (and
•;
,

tf'"

"''' *'" ^™°""* ''

^"^ merchandize
is

?

which

pla ed in

f.

the date of my last

T^^;^'S I
ballncelel

7d.

Thedifference between
'^' '^

L^O 4s"

"" ""

^^'" ^"'^^^^"^"^ '^

'

SuiPPED,

MOAl FORMS

Airo

LAW

MAITUAL.

Ji

;=5

J"

c-o

_

Q)

§ ^

-s;

I 2 .&
tJ

•"

^_g 0)0 o

•a

e a

^^& S
,2f
fc

(m

^ ^
»-.

••-»

«

oS
0)

d^

ra

"-^

a
n

O

9

«-« » € & lu
Ph 0)0)
*->

'^

O

w lis I
«-

«

3)
**-<

T"

-C =2

CO

'*-•

-

*

3
02
iiS

b
«
bD

JJ -a
N. <.
>•

^

ti

-:

-

-

O

03

£3-^0)

W5 t* C" ©< I-H
h^- H,- H^-

©

rt<

N
.-J

'DC
r-,

i o W " O ^ ^ Z
i2

tJ
tB

a

H^

J '^^ S S

>.

CO

»H

V-i

^ to'

o Z.S « §^ ^ M
-S3
i-<

eo

o
-

-tJ

?o t»

.o

-

l^j-

.

5
C?

S

0)

3 O

:w
i^

So
2

*j

a s

h VOICE

l3

"

3
S
a

o
S S

nrroiciss-ouTWABD ato inwabd.
Invoice of Sundries

«
''°^^''

Ship or Steam WSHar^^'J^^^
xjoyer, tor sale Bover for s«ll

SlT'^^ri
/„^ on
'

the

s,Master for this present v^ovLT^^^^^^^

'^''. braver
'^"'^'^*'

our

B
-a

own

^o"s'gned to account, aniat our

I
">

3
_ "
<i 3 OA 20 5 17

•p

3 o

*^
^a
•a
9>

?•
«

^P^'-fiie Flour,

Mess Pork
Prime Beef,....

a.

: « a

.
«

^«I4

New Milk

::

Cheese,

9

n o

350 lbs., 345, 342, 389, total gross weight of 4 brls

Tare of 19 lbs. each
."Sis

1376 70

:2-S
(D

,a

O *
'

8
\r^ Mrtage and Cooperage £(. insurance on £272 6s flrl » 1 Mdw*/^©s. oa.at|percent. .
.

si

CHARGES.

,^ ^

J
^ 3
I

r,

1

7

ja.

0)

i. 5<

Bow™ is
Messr,,
5 -A o m » ..S B - « M) . a ?> s«
a>
'

Henry

mX V .hTrrir'"'''™' &
Jones
1 06

''•p'-

wiiK
'<"

=^--!5U2!ni^5oountandrisk.
2 oases,
'

ofVonS 21T,' "'"*'• ™ sale

"'""'P''^ on
their

and

pieces Fashion^bl^^l^ii^i^

pTsrdT

"

10

"sJ'S;Braiyci«h'''-*T«N

'

bale

8
T8

"D^lrttif-'
•'B?rn'-Co;.Vn"si,f^.'

3s.

9d.|l4j|,3( 2

^

"

'' "^

ing»,2302yds.,...at0s. 4jd
bc'^

—^

2 a) 3 O "•a 2

p ^ ^artage from Store to Wharf ^yTT^Ti (lns„ranceon*«36s,2d.a.ipeV;e„f?
_
,'

CHARGES.

||

2

I3
2!2f:onto, I5fh June,

M
£ij424)
71

10
I

!

fT'
LEGAL rOBMS AND LAW MANUAL.
1^^
!|

'"

a

Oi

o o

o>

o
Tit

c ^

3
00

"

o
ii^

00

(M

E

>-

<
^
0)

s

o o
CO

MO
I

'^

S a

2 w ^ _i

si

^
3
<-

I

a

CO

o

Pi

§-«
Hi*
4J

^Qf
'W
fe

©
1—

o o
00

« m
-IN

t>
fl .r:

1-4

=
-

^^
t.

I
Hi]

U Q
;?;

o

O

o p c B g f=^ O e

PQ

<

,o

(DOC
c5

»

•wort
s"
*^
^
en vi

m
CD

w

^ O ^^

o

s

j3

to

a Q <

PL,

a

^ °.§t

O c o o

8
U
•73

-a

>

I 2

o

.tJ

-Q

a.

'^

o3
t;

O
Ei4

S
^

U.

Q
C5 •=
-=2

3

d o

Q
o
r3

Bj

0)

o
to ID
t/3

O
Si

c C &H g §
4)
c3

^.-^

^
1/3

O
6 ^
Ift

CQ CQ
C<
•-<

H Q
l-H

o

04

©»

I I

»;

'

1/3

•-;

*^

aj
•-'

WD
t-

-a
S2

CO

o
.H»

•-<

us

7 u2 -c
Q.

M ,2 u F
flj

^
m

.H.

,_!

.fe

.

"^
pei

02

^^
10

« <

1-i

Apprenticeship

APPBENTIOESniP TNDENTUIIE.

APPRENTICESHIP INDENTirjlE

James

pnnter. of the second part the hist part (loth hv fh^L
simitll

a

m

U

wH«,,„ C/^'f ^^'^ "^'
.

P'-«^""''ce.

r^

:

.

abo/e^l"'''

^^'^r

.'^

P'trty of ^'^"^^"^ "''^'^ «°»
•'^'"''

*''^

him to the %lid XTT;^^^^^^^ trade of a ^° '^'''""" '''' ^^^ I^^ vvi h hlm"t;/"'i .^''^ «^'d party of the second part, after the manner nfnnl ^'"'' the day of the '^^^" ^"^^ ''^"said minor will "// ' ^^^^^ the arrive at the f And durin- said te^-m I.f ^^- 1 * ^'''^''^^^ °"" y^'-ii-S''''"1"'''^" ''^'^"'' ^^''" fully serve th'e sa ^"^ ^-'thd pi?^; of t^e , f "^ devote to hi.n his ^''^^ ^"^

prlnilZ

cS^

ttrCfAhl^
?!

^^^

r

,o

Ph

efaS An.^ thf"' part, for himself, ^'"'".^^^ ^' ^^''^ ' his heir^ execm" hereby covenan with the n". V'?'^/^'^^"'^*''^^^
taithfully instruct laid

during said term, nor ^' '^'"^^ ""^ """^''y ard;nt iS^'n '' any other unlawful '?°'*P'"^«t.ce gaming, nor sport' no^i a^Jf perty ol'his master ""' 1"'*''"^' *^^« P'^ ^butconleThh^.f'^"'''' '°^'-^''' temperate honest manner, and as a ffood and ^ •'PProntice onght to do. during all the time afo
'

vC e^ti^ indlT

L

^T T^

f'''-^"

;

Sr^
th

.TiJ

^W
mnv

T^
^'

"'^econd

doth

> 3

o

as far as said apprentL provide him wi
clothing,

and

all

and

ofher Ih

S «Sht
n^
in the

apprentDi
iL

J

V^^

^T

P^'"'' '^'''

^' ^'"

p

''^l^

T'^a-'^

"'" ^''^^e aforesaid, learn, and constanti;

m

^«^='-"^'

nec;\^^^^

-^^

will train

him up

vu-tue; and pay to the sa S partv n? ..'"'''J'""^' ^^'"Pe'-ance and and benefit of the said ^''1 ^^''' '•^'' ^^e use apprentic? tt '""^ of money following namely; (/lerc stnfp /L , I

hXtrn?'

^

'.•'''""'' ^"'^

^'euith.

„r

jinJrS,:th eb;^^^^^^^^^ Indenture, and P omises^ftS^ to be kept or performed by hJm^
said
CD

And hf
^''^'

and

the terms of this perform all things

hert^ort^ri^SdVa'nV:;;!
above written Signed, Sealed and Dei-vered m presence of "• ^^''^'''
first

^rr "^
)

*^ ^''^'^''' ''^^'' '^'^

P—
^^^

^^

^ave
3'ear

^^'^J

-3

'

C

Charles Snaitu. Sami;el NiLEs,

[^-^^n
[Aea/.J [6^ca/J
i
1

Eben Town.

James

Snaitii.

h

RENTICESIIIP
.a

'\ 't

II

_;_

..

^ iA^lH

'S jH

J

GREEMENT

IXOAL ronMB AJTO ULW MANUAL.

AGREEMENT TO DEED

PROPEIITY.

Ahticlkb or AcjRERMBNT, made the fourth day of May, in the year of our Lord one tliousand eight liundred and fifty-four, Iwtwcen John Hammond, of the City of Hamilton, in the County of Wentworth, of the Province of Canada, gentleman, of the first part and David Waiters, of the Township of in the County of and Province aforesaid, farmer, of the second part, Whkreas The said party of the first part, hath agreed to sell to the party of the second part, and the said party of the second part, hath agreed to purchase of and fiom the said party
;

,

,

:

i^

11

1 10 first part, all and singular that certain tract or parcel of gnd, being composed of the South West half of I^t Number Four, m the Eiglit Concession of the said Township of in the County of containing by admeasurement one fiundred acres, be the same more or less Together with all the privileges and appurtenances thereunto belonging, at and for the price or sum of two hundred pounds, lawful money of Canada, payable in manner and on the days and times hereinafter
,
:

of

mentioned, that is to say The sum of Ten pounds in hand, at the date of these presents, and the balance in four equal annual instalments, with interest on the whole sum remaining due at the time of each payment, the first of said instalments to become due and owing on the tenth day of June next, which will be in the year of'our Lord one thousand eight hundred and fifty-four, and i-ach of the remaining instalments to become due and payable on the tenth day of June in each and every succeeding year.
:

HEREBY AGREED Between the parties aforesaid, in following, that is to say ; the said party of the second Eart, for himself, his heirs, executors, administrators and assigns, Joth Covenant, promise and agree, to and with the said party of the first part, his heirs, executors, administrators and assigns, that he or they shall and will well and truly pay, or cause to be paid, to the said party of the first part, his heirs, executors, administrators, or assigns the said sum of money, together with the interest thereon, on the days and times and in manner above
IT IS
:

Now

manner

mentioned ; and also shall and will pay and discharge all taxes, rates and assessments wherewith the same land may be rated or charged. In Consideration whereof, and on payment of the said sum of money, with interest as aforesaid, in manner as aforesaid,
the said party of the first part doth, for himself, his heirs, executors, administrators and assigns, covenant, promise and agree,
to

conveyed and assured, to the said party of the second part, his heirs or assigns, by a good and sufiicient deed, in fee-simple, with
the usual covenants of warranty, the said piece or parcel of land, with the appurtenances, freed and discharged from all incum-

with the said party of the second part, his heirs, executors, administrators or assigns, to convey and assure, or cause to be

and

^^

brances,

AOHKEMENT FOB

TI.K

BAL« OF AN KaTATI.

I

suffer and permit the

Msigns. to occupy and enjoy

payment of the iid

days and times and in '®''^"'' °" ^'»e manner hereinhS/ ! nevertheless, to impeachn.enrforTo " ulrv o" n^'"" ^ ""''J''^^«r Perm.ssivo In W,tn««« whkreof. waste, ? ^ the said nln hands and affixed theirCaMh .^--nto set their J^^^^^^j^ ^ ^^^^' ^'"«nSigned. Sealed and
in

tKame Zn F''/^^',' sum^^ney or 'any ml^ft?'' '^^

^aiT^LtH/tt rercl

n""^ tl'"^'"^

^^•"

''«''•«

«nJ

'^'^^

Delivered presence of Charles Lewts,

'

)
C

Peter Hall.

t tt Jons Hammond, David Walters.
one for each party.

[Seal.] ISeal.]

m

abc»,e to b, in duplicate,

AGREEMENT FOR THE SALE OF AN ESTATE
hundred and
fifty-four.
.

in the

*"" ^'"strict of of the Province of Canarin «, u o7''''^""'' ""^'^^ and Thomas Hall Jones ^^^t of theS' County of ^ '« the , and Diitrict , of Province, builder, of the ^^'^ second part W,.«. ""L^^^ said party of the first ^•'^™" ^^^t the part, for and in rnn!^r ings.to him in hand «^« «hilpaid, the receimwher«o'/-^'r ledged and confessed, and for the Tos^der^M^^"'*^^^ «^^"ow,

betLen Lewis RicLrds nnT^':^^ '''«^' "'''''^^*^«' ^^ the Town of County of

part

;

'

'

f

tioned, doth covenant,

the said party of the *° ^"^ with second T""'presents that he. the said pa?ty of the Tst ni TL^'Jf' ^^^ »^««« on or before the first day of July next ensu nS^r* ??".^"^ W'"' the proper cost and charges of the s;rd n??^ ^f 1^^^ ^^'^^^> at by such deed or deeds '^' ^''' ^^''' of foiUvanceih^^^^^^ ned the law, shall advise, ° !\'^ ''""^^e^' welland and assure, unto the said ^''""^' convey, p^vTyZlihe ZfT^'^^y clear of all incumbrances '" ^^^

promisr^antani

" ^''''^"^^«'"

St Ri^

"'Wri-

m

Zm

W

and premises now occupied appurtenances thereunto
the

;

Town

of

,

bv"r°^l"'*''^^' o^ 'and belon-in^ sit.,«L r^®^^®*" T^^ ^^ the ^^^"^ ^"^ »^» in j^ ?he g'oun^^^^^^^
^''""°^ "'^'^"^»'
('-'•^

ffihattr 'rnlr';*'

«'">P'e

premises to be conveyeT^

*^cS"a1

-o

dottovra°nt'p7:mirerd°^^^^^^^ first part, by^hese p?esenTth;?^^^^^ cond part, shall and will well and trulvn«
the
.he

r^

°^ J'^e second part, ^^'^ of '"""^ ^^'^^ °^ *he se-

p4

1

(

»" Par.yor.he1rp^'X^CTCf:„Si
pounds,

t

LEGAL rOEMS AKD LAW UAKTTAL.
pounds, in nanner following, to Wit one hundred and twentyfive pounds part thereof, on the delivery of the deed for the premises, and the residue three hundred and seventy-five pounds, on the first day of September, in the year of our Lord one thousand eight hundred and fifty- four; To be Secured by a Mortgage on the said premises : And for the true performance of all and every, the covenants and agreements aforesaid, each of the said parties bindeth himself his heirs, executors, administrators and assigns, unto the other, his heirs, executors, administrators, and assigns, firmly by these presents.
:

In Witness whereof, the said parties to these presents have hereunto interchangeably set their hands and affixed their seals, the day and year first above written.

Signed, Sealed and Delivered,^ f in presence of

L. Richards,

[Seal."]
[(Sfea/.J

James Booker, T. W. Hooker.
nie above
to be

I

Thos. H. Jones.

)
in duplicate, one for each party.

AGREEMENT TO CONVEY LAND.— {Short Form.)
It
is

agreed,
,

By and between John

Davids, of the
,

Town

of

of the Province of County of Canada, gentleman, and Henry Owen, of the same place, shoemaker. As follows :— I, The said John Davids, Do hereby agree to convey to the said Henry Owen, in fee simple, a certain tract of land, [here describe the premises), by a warranty deed in compounds, lawful money of Canada, on or mon form, for next. And the said Henry Owen, agrees before the pounds, to pay to the said John Davids, the sum of lawful money as aforesaid, for the same, on delivery of the deed; and the said Henry Owen, may enter upon and occupy the premises, on • day of , WrrNEss our hands and seals, this
in the
, , ,

A. D. 185 Signed, Sealed and Delivered, "J I in presence of T Joseph Rich,
.

John Davids,

Henry Owen.

[Seal] ISeaL]

Charles Edwards.

I

AGREEMENT ON SALE OF WHEAT.
It is hereby

Agreed
,

:

By William

Samuels, of

in the

County of
first

of the Province of

Canada, farmer, of the
be

, part ; and Lewis Richards, of the Town of Province, merchant, , of the said the County of in «f f h** spponrl nart. The asreement is as follows, to wit : The said party 14

'^-

COITTEACT TO BUILD A nOTJSE,

twentyI

for the

pounds, thousand tgage on
B
r all

and

.nerchfntable^

'the said

and itors, and
itors

pay the said party of weighing sixty pounds
pounds, lawful
the said

Tnd

hi s^d oart''' rT""^"'"^ f" ^^ ^"^^ ^"^ ^^'' '^^Srees to he fir fiV'^'T

?„i
if]
'

'''^ '^"'^ «<' fi*V money of Cn, «1 m"° two hundrdl,shei?rvt?;ear'''' °" ^'^ '^^'^^^>^ ^^

arafoet

^.
^'''

^^'r'"°'

P'"" ^"^^^e'

nts

have

,eir seals,

hertntTerthdr'Sa'nVa'fJL'^^r *^ ^"^^'^^ P-ents have ^''^''' •'^^'^''^' ^^is day of April in the vP.r .f twenty-first '^^ ^^^^ ^^ ^^' ?^^f one ^^ord thousand eight hundred and fifty-four
Signed, Sealed and Delivered. presence of

[Seal] iSeal]

m

,

)

William How H. M. JoHNSTOK.

f )

w o William Samuels,
^^^^'« R^*^"^"!'^.

[SeaH
ISeal.]

^orm.)

CONTRACT TO BUILD A HOUSE.

Town of rovince of ice, shoeeby agree
•tain tract
id

in corn-

ond

ida,
Ml,
,

on or

part,

Witnessed
in

hathforand
the receipt

Thnffhf^^''"'''"''^'^"''^^^' ^^f'^e secPart.
'.

agrees pounds,

'the deed;
y the pre-

and for the considerations ^"^ confessed herln^ft'"''^"''^^"' promise, and agreeTJo ^P'^^'^^'^d, doth covenant
'^'"^ P^'^^ ""^ ^''^ fi''«t he the said partv of th^l part !, of six months ^''''' ^^'^^'" '^^^ ^P^ce date heZr ^J"' ^°°^ "".^ wo'"'^'"^" '^ke manner, and accoiSng to the be t of h" substantially erect, «'' bufld slfnn [ u" ^"^ '''^'"' ^^'^H and ''"'' ^'"'^' ^^^ house age, at ^' or messuof fhi A '"® dimensions followin-^ • viz * housp IS f« T, bui•? "i nouse ;« to be u' t ^^id with such f imh^n k? materials, as the said ^"^ other pa v of the firJl ?'.^' ''^"f '

vvhS ^he " iX
and

coSerattn 3V''''i?.^^^^^
'^'^'',"^'' ^° '^''" ^'^

^^^"d paid

that

w rth^'

froXe

rsean
[Seal.]

i

Z

in the

ner, of the

when

of Canada, in manner hlTo" '*^^'"g. to the work sinli k^

Mow

4"f Seventy-five Wit:—
.

P",™*'

""''"I "'-"ey

pounds.

merchant,
,

:

The

said

be a. tw?"h TviunW" vviicu x-J8iic, -vi,-- •'

4st

mo

IrfinS anH the remaining " "'^' «™ and --cntjr-nve
""'•^''^oj

^^

Whole work uoie

''°""' ''"''" h co,rpp*,. c.^ ^-'& «haii shall k be completely

done and
finished

LEGAL rOBMS
finished
:

AITD

LAW

MAITVAL.

of all the promises and covenants bind their legal representatives as well as themselves.
for the fulfilment

And

aforesaid,

by each of the

parties, they respectively

In Witness whbreof, the said parties to these presents have hereunto set their hands and affixed their seals, the day and year first above written.

Signed, Sealed and Delivered, in presence of

^
/
i
'

William How, H. M. Johnston.

L. Richards. Thos. H. Jones.

[/Sfea/.]
[/Sfea/.J

ASSIGNMENT OF A DEBT OR BOND.
all Men by these Presents That I, Henry Shaw, of the City of , in the County of , of the Province of Canada, trtider, of the first part in consideration of twenty-five pounds, lavdul money of Canada, to me in hand paid , in the County by Lewis Richards, of the Town of , of the said Province, merchant, of the second part, of the receipt whereof is hereby acknowledged, I the said party of the first part. Do hereby grant, sell and assign, to the said party of the second part, a certain debt due me from Stephen Piper, , for goods sold, and delivered (prt of the Town of , made to me, by if a bond^ "a certain bond; dated the Charles Henry for fifty pounds, conditioned, for the payment of thirty eight pounds") with full power to collect, and discharge or dispose of the same, in my name, at his pleasure, at his own expense and risk. And I do hereby Covenant, that said debt is JUSTLY due, and that I have not done and will not do any act by which the collection thereof may be hindered or prevented.

Know

:

;

;

In

my

seal, this

WrrNEss whereof, I have hereunto set my hand and afiixed ninth day of June, in the year of our Lord one

thousand eight hundred and fifty-four. Signed, Sealed and Delivered, in presence of

Eben Town, John S. Low.

^ '

H.Shaw.

[Seal.]

ASSIGNMENT BY ENDORSEMENT OF A JUDGMENT, MORTGAGE, OR LEASE.
Know all Men by these Presents That I, Henry Shaw, of and , in the County of the City of trader, of District of , of the Province of Canada, the first part ; the within named, in consideration of shillings, to me in hand paid by Lewis Richards, pounds , and , in the County of of the Town of
:

,

16

District

1

covenants bind their

ASSrONMKHT Ot A lUlT*.

WHOM MTATB

TO HIS CEKDIT0E8

sents
:y

have and year

M
1
1

[Seal!
[Seal.]

'

Shaw, of
,

of the

^'^""^ ^'^^ ^^g" him. the said party of the n ? *f^, and do hereby covenan?trar?ff^ -^ ^'^"^ ^'^^in written; />f f^e first part' have not doni, and wmVotlV^^^^ ^*'^' ''^ which said lease may be impaired")

^S

^

^

leration of

hand paid he County
id

cond part, party of said party
Piper,

HaJd eight and Signed, Sealed and Delivered, ' in presence of )

myt^,xirhT;;f jur '"tr

hXd

fifer
\

'^ -^ -«-<! ^ ^'*'"^""' ^°«* «°« ^»»«"-

^* ?

^^^^^

iien

Ebbm TowM, John S. Low.

H. Shaw.
/

iSeaU ^

'ered; (or,
to me, by ayment of

scharge or is own exlid debt is ny act by
inted.

ASSIGNMENT OF A MAN'S WHOLE ESTATE TO HIS "^ ^ A ' ^. i U CREDITORS.
AawoNMBUT, made this twelfth i\a^T «f a m of our Lord one thiusaad ei4tTunHrf>I I i?"'' '" ^*»« year ^""^ fi%-four. by Mr. John Thomas Town cTtv il^ n^l «f Montreal, Jf the Province of mer^haht o? th^^'fi'^' Holdham and Compaav Wein a^ ^J .^'-^t P^t ; and Messrs. o«e of the said fir,n,T& C^re'/rJ:!^^^^ Henry assignee to the Bankruot V^^t^J*u^^I^V ^y ^^^^ Co:, Petir Mulholland Co rfnrl .^? T'^J^^^ "^'n'ng land, William Hazelto^ ^^'^ *^»'»^ RnJir^'"^ ^^ Roberts, Williams D;S;T^te?t? t^i'T^^.i^^ "^'^'^ Holmes Grant, aotiag for ^'^ ^'^^ E

.

Tma

CanS

TZ

md affixed
Lord one

HSn^i

&

[Seal.]

GMENT,
Shaw, of and
,

& S cL^^ Jodwn ^^*«t Henry ft ^'"^ tWcXo^Mj^^ '^S S^«' merchants, of the seo«,d W«e^^ Th^ ^r ^''^^r^' ***** ^'^^ ^*»o^ mas Town, stands
Co., i^preaeated

&

H &M

&

Styles

fiZes.

A K
by Chwlea
indebted to

W

SmWk

*

presents, in several

siZ^

Us^fHrf; iT iLZv IS 1^"' **?'^*° '»»««
''*"^''*^

trader, of

ar!? wns of money due i^d^wintml^h /hL^ *^j*,Tlir*'"«<*^tsand
?•

m

trade,,

wares and merohandizeT

?<*^»

RichardA,
,

f«.m sundry
-..
..X.-.X

and
«.«,

I^^LTlr^fhet^te^ j'^t"^
Pfoposaa to his said Creditors

District

whalLH'.^''"'^
benefit.

w
liEOAL VOBICB
benefit, the said several

AND lAW MANVAIi.

goods in trade, wares and merchandizes, sums of money, and all other the goods, chattels, debts, Estate and effects, whatsoever which he the said J. T. Town, is possessed of or entitled unto, in manner hereinafter mentioned and declared. And the said Creditors, parties hereto, considering the present circumstances and situa-

and the

said debts or

;

J. T. Town, and to prevent as much as may be the diminishing their estate, in pursuing rigorous means for the recovery of their said debts, have accepted, and do hereby agree to accept of his said offer, And propose, subject

tion of the affairs of the said

nevertheless to the provisos and agreements hereinafter menNow These Presents witness : That the said John tioned Thomas Town, has by and with the consent and at the nomination of the said several Creditors, parties hereto, assigned, ti'ansierred and made-over, unto the said Seth Thompson and Henry Uuberts, tiieir executors, administrators and assigns, Ail and Singular the said goods in trade, wares, merchandizes and debts, and all notes, books and papers of account, and other writings, touching and concerning the same, or any part there•of and also all other the goods, chattels, wares and merchan:

and Estate of him the said J. T. Town, whatsoever, or in, or to, which he is in any-way interested or entitled To have Ano to hold, receive and enjoy all and singular the said goods in trade, wares and merchandizes, debts or sums of money and all other the premises, by these presents
dizes, monies, debts, effects
:

;

mentioned or intended to be assigned and transierred, unto the Thompson and IL Roberts, their executors, administi-ators and assigns, as for their own proper goods, monies and Estate, upon trust, and to and for the intents and purposes, hereinafter mentioned and declared concerning the same ; that is to «ay, upon this special trust and confidence, that they the said S.
said Seth

Thompson and Henry Roberts, their executors, administrators and assigns, do and shall as soon as taken possession of, Divid* the said goods in trade, wares and merchandizes amongst the said creditors, their heirs or assigns, and do and shall, by such lawful ways and means as they the said S. Thompson and Henry
Roberts, their executors or administrators, in their discretion shall think fit, get in and receive the several debts or sums of money, and all other the premises hereby assigned or mentioned, or intended so to be : And upon this further trust, that the said S. Thompson and H. Roberts, their executors, administrators, or assigns, do and shall divide and pay all the clear monies which shall be raised or recovered of the debts or sums of money, and premises hereby mentioned and intended to be assigned, unto and amongst the said several Creditors of the said J. T. Town, party hereunto ; who shall have executed these presents, or who shall hereafter ratify and confirm the game, towards satisfaction of their several and respective debts, proportionally and according

18

to

Assio.™... „, ^

^,, ,„„^ ^^^

^^

^^ ^^^^^^^

several Creditors of the said
sents, for divers

,p'^*"^^««ET«
T
•.

^nat the said
**>««« P^e-

respective partners '^1"" '"^^'•^' "»<* quitted claim, and by ^"'^ ^^''''^^^ these presents do « "^^l"^' claim, unto the said John Thom"! t ' ^"^f^^,^ ^^^ every qun ^^^''«' executors, administrators and Hss^^ns ^T"'.^'' '''""'' ^" ^"'^ ^" '"ar^: '^ ner of action and action cat. J"^ debts, sum and "' ^'^^ ^^''^"' «»'ts, of

moving, have for'^thernselves ^^^^^'""^ severaTv «""fJ""^'^-'"^

good causes and .n

7'

^^'''^\ *«

antZZZ remLT ^ ?
nnZ
'

suL

which against
ditors,

parties

C

moLv

H--

pective
shall
tors,

to partners,

the safd^'j T T '^'^ ^^^ «*'^ C"**these presents hTT."'nin s
}

"*^

?f demands
'

whatsoeve;
''''

any of them
or

may

exeTuto^rd now have or ever
at

rat"
nr I
""'^

ar
'

ITtr' .
*"*'"^d
,

^®«'§"s,

ox

anv timp nr /
ap to this dat

unto, or
^^^'"^^

chdlengcorilnTagSstthUSj'rTo^^ 'T' or administrators °'^"' .°' ^'^
h. „

^*«c«-

and the several tm7ts^a^JeZn?.^^^^ and things here n coitaS afoJilT/^^T^ OED ALSofand it rherebrexpt
said parties to these allowed the sum of five noiin^« non «!

P'^^^'^^' '"^"ers

^r. ?K pTes^nTsfhlte^^
sTv
*

^''rK^^^-

P«°^^shall

.'

//.

°^"'

be

Sail and

may

Koberts, their^execuZr

KiX

to

LdrfiJl'^f
'i"
,

a!i /ffi''' ?, J'S? ^"IS-

P"''^'"'^ *!" i« Thompson and H,

sum or sums of moner^

,'h !

'"'i^

affipeJ,

all

such

treal,

and kee!

tCrle Ild^SI L^Sklta l^r","^"' '^^ ^Iwge ,^e sum of seventy-nfu^TouXotil^eTv^
Jll liabilities

heSS^ T ^''"' Sf "™M, of the City of Mob:

T Town frn^^"""^ ^^^ f '^»™». "-"i "' Wo"' "?„^'^?r'S?'™"'">.-""«^ "> iuno pounds, currency "' ""^ *"' *" »event>
prevent the saiTj. .he said Charles Jac

S;SofS.'^„^rS:ifte u"' f
P«vu.™

,"!^

<^''^

of^hest b
*'~
Jf"

^0.

an.fi; i, hereby mutually covenanted,

deoU««i and

UBOAI.

rOSMS

Airs X.A.W XJLirVAX.

and agreed by and between the parties to these presents, that no dividend or distribution shall be made by the said S. Thompson »nd H. Roberts, of any part of the premises and debts hereby assigned, or the proceeds thereof; to or amongst any of the
Creditors, parties to these presents, until such Creditor shall have sworn before a Justice of the Peace, if required by the said S. ^^mpson and H. Roberts, that claim or debt was due and ow-

ing previous to the execution of these presents. And for the execution of these presents, the said parties have elected their domicile at their ordinary places of business Thus done and passed at the said City of Montreal, on the day, month and year, first and before written. In Witness whereof, the said parties to these presents have hereunto set their hands and affixed their Seals, the assignment leaving been first duly read.
:

{Signed,)

*
**

" * «
•*

John T. Town, Holdman & Co., per S. Thompson, Abel Heming «fe Co., per Jas. Henry,
Peter MulhoTland William Hazelton,

rseal.
'iSeal.

&

Assignee, Co., per P. Mulholland,

Seal.
'Seal.'

«

**

Roberts, per H. Roberts, [Seai: Williams Dexter, per power of Attorney, by [Charles Dole, [Seal.! W. E. H. Grant per E. H. Grant, [Seal.'

H.

& M. &

tSeal.

&

Henry Jodoin
to be in duplicate

& Co., per Charles Sinith,
atsiffneet

iSeaL'
ISeal.'

Styles Holmes.
one/or the

{The above

and

the other /or

John T. Town.)

ASSIGNMENT OF A MAN'S WHOLE ESTATE.
In Tbust »ok ius CREorroEs by these Presents That I, An(h-ew Poor, of tke City of Toronto, in the County of York, of the Province of Canada, merchant, in consideration of five shillings, to me in hand paid by James Adams, of the Township of in the County of of the said Province, yeoman, and of the trusts herein expressed, do grant and assign to the said James Adams, all my goods, wares, merchandizes, property, estate, notes, accounts, dues, debts and deniands, of every description as specified in the Schedule hereunto annexed, marked *' Schedule A,** To HAVE AND TO HOLD the Same to the said James Adams, and his heirs, in trust, to sell and dispose of the said goods, wares, merchandizes, property and estate, to the best advantage, and to qoltect and convert into money, the said notes, aoeounts, dues, dfeMs anddemands and after deducting fifom the proceeds of the

Know

au,

Men

:

,

,

;

;

„„.^

cApc2j=csi!ii;uncuuy mes^Ki Jdfties AUtaiuH, iii traiwaoting the business, and a reasonable compensation for his
^,,,^^,.„.,^ .,,.c

*"

services,

;

AaK«0WX.SD0]CB9T OF

VORTOAOE.

P'^^'^" P'^*'^*^^' U"t° *nd amongst the several Creditors Se7i?arCrir± hereinafter named, of the said Androw Pnnr

T^

said several Creditors of the said

An^w.

.V il

'^^'^""f-—And the

Seal.
Seal.'
e,

hundred and

'

'" '^'

^^^' ^^^'^

^^'"'^

fifty.

«»« thousand eight
Poor,

[Seal!
Seal.'

Signed, Sealed and Delivered,
in presence

Andrew

Seal.

^Seai:
[Seal.'

of James Andbrson, CaARUiB RiDOUT.

}

James Adams, Lewis Howland, Peter Jones.

Seal Seal
Seal.

\8eai:

B,

[Seai: [Seal:
ISeai:

ASSIGNMENT TO BE ENDORSED ON AN
Know ALL Men
by these Presents: That
I,

INSTRUMENT.
Charles Henry, of

S??h"e^TLr„'"„'r"°^'

'"

'"

hand

paid,

TE.
Poor, of )vince of
I

in
,

hand

in the

1,

id
',

and of James
estate,

receip. -vbereof is' he g^^TIJ hereby iranrfer assign anJ set-over, to the said Tobi« "iiiiiii lajjtrument wUbfn'TnstreTk^!! fl -7" V'"' ""? interest" a" J^'th^ and I do hv^rebv constitute tho «jaiH <jni«.„« ; '"^'•"^' !" "»y "^'^'«' «r o"he"bur^t hs co'st an l"J "^«^^"-« which may be or I'ctstrib ^^^^^^^^ 'ff '"'""^"••y ^-^^ enjoyment pro^p^ '"'"P^"'" of Ihe assigned premii^.

aforesaid, .he

X aXll^ sXan
day of

by Stilman Tobias

Z

Witness
A.u. i»a

my hand
,

3ription

m

and

seal, this
) (

presence of

k^HBDULE uns, and ^ wares,
3,

Wiluam West,
James Hamilton.

)

Cbarlbs Henhv.

[Seal}
-ii

and
of

to

ts,

dues,

Is

^
iii

ACKNOWLEDGMENT OF A MORTGAGE.
Province of Canada. Conntv of
'"

'

1'

\i

iaruii,
1

Be

it

Rembmdbred

\v
r
'

for his

:

That on

this

services,

1854, before me, the subscriber,

day of Juhr' A D one of the Justices of the Pea^e
ia

'ir'^

LBOAL VOUMS A5S IiAW
in

IfANTTlX.

, came the within the within indenture of mortgage, to be his act and deed, to the end that tiie same might be recorded as such according to law.

and

for the City or

County of

aamcd John Ilartman, and acknowledged

In Testimony
affixed

wiirreof,

I

my

seal,

of

office,

the day

have hereunto set my hand and and year first above written.

Adam

Jones.
J.

[Seal.]
P.

SPECIAL SUBMISSION TO ARBITRATORS. Whereas, A Controversy is now existing and pending, between
Edward North, of the of in the of the Province of Canada, yeoman, and Henry Rich, of the City «f in the County of of the said Province,
, I ,

contractor, in relation to [here set forth the subject matter in dis-

pute

THEREFORE, WE, The Undersigned Edward North and Rich, aforesaid, Do hereby agree to submit the said controversy to the arbitrament of Lewis Daniels, Oliver West and Peter Devin?, of the City of , in the County and Province aforesaid, or any two of them and we do nmtuall} covenant and agree, two and with each other ; That the award to be made by the said Arbitrators, or any two of them, shall, in all things, by us, and each of us, be well and faithfully kept and observed ; Provided, however, that the said award b6 made in writing, under the hands of the said Lewis Daniels, Oliver West and Peter Devins, or any two of them, and ready to be delivered to the said parties in difference, or such of them as shall desire the same, on the day of next.
;]

Now

Henry

;

Witness our hands and A.D. 1854, in presence of
Joseph Robinson,

seals, this
)
(

day of

William Thomas.

)

Edward North, Henry Rich.

[Seal] [SeaL]

GENERAL SUBMISSION TO ARBITRATE.
Whereas Differences have for this past two months existed, and are now existing and pending, between Edward North of the , in the County of of the Province ot Canada, yeoman, and Henry Rich, of the City of , m the County of of the said Province, druggist, in
,
,

it

5| 11

relation to diverse subjects of controversy and dispute therefore, We, the undersigned Edward North and Henry Rich, aforesaid, Do hereby mutually covenant and agree, to and with each other; That Lewis Daniels, Oliver Vv^-stand Peter Devins, «' the , in the County of of the said
:

Now

,

*^

Province,

AHBITHATIOir BOTfS.
Province, or any two of them, shall arbitrate, award, order, judire. *nd determine, of and concerning all and all manner of actions, cause and causes of actions, suits, controversies, claims and demands Whatsoever, now pending, existing, or held, by and between 03, the said parties: And we do further mutually 'covenant and agree, to and with each other, that the award to be made by th»said arbitrators, or any two of them, shall, in all things, by u.. and each ofus, be well and faithfully kept and observed : Provided, howey.^r, that the said award be made in writing, under the hands of .,he said Lewis Daniels, Oliver West and Peter Devins, or any two of them, and ready to be delivered to the said parties in ddrerence, or such of them as shall desire

day of next. Witness Our hands and seals, Dated at /lay of A.D. 185 . m presence of \ Edward North, Charles Ball, { Henry Rich. Oliver Morris. N.B.-Submimom vhen under seal, the one revoking it
,

the same, on

this

[Seal.

[Seal:

should also be under seel

ARBITRATION BOND.
I, William Rogers, ^ County of °^^ Canada merchant, Am held and firmly bound .1 n^ K^'^M^f unto John Molson, of the Town of jn the County *"® ^^^^ Province, in the sum of fifty poundi i„\ p lawful money. ..; be paid to the said To John Molson. Jr to h^ certain attorney, executors, administrators, or assigns for which payment to be well and truly made. I bind myselffmy heirrexel ^--^tors, firmly by these presents. Sealed'with m"vT„f n my seal, Dated this dav of ^r.^ *\ ^ °"' **^°"^^"^ eight hundred and fifty-

Know

all

Men

oftheTownof

by these Presents: That
.

in the

,

1

.

;

f ?r

,

'

hoI2w W^ir''" °n bounden Wilham Rogers,
tienry lobin, of the

this obligation is shall

in the County of named, selected and ""d '^•^ '^^ P^'-t and behalf of the ^' Lid Will 'T'"' ^^"'i^y said William Rogers, as of the said John Molson, to arbitrate award, order judge, and determine, of and concerning all and all manner ot actions, cause and causes of actions, suits, contrcv versies. claims and demands, whatsoever, now pending. ;xis" ng or heiri by and between .the said William Rogers and the sa§' John Molson; Providina- th^ .aid awe,..,! k•• >^n^p
,

He^oSiZV' ^^^" Town
of

such; That if the above well and truly submit to the '^""^^"^^' Charles Jones and
;

nK«o.»

uu \

^^^^ Province

parties

If
•'-h-L

--

Jones and Henry Tobm, or any two of them, and ready to be
delivered

LiOAi.

roras

Ajri)

law

icaruax..

delivered to the said parties, or such of them as shall desire the same, on or before the day of A.D. J 85 , then this obligation to be void olhervpise to remain in full foroe and virtue ; [here may be inserted in case of no previous submitnontn wrtltng ;] And lastJy the above bounden William Rogers jereby consents and agrees, that judgment in the Court of tlueen s Bench held at , [or County Court held at
;

I

in and for the County of .l shall be rendered upon the award to be made, as aforesaid, to the end tliat all matters in controversy between the said parties, may be ^ finally concluded. Signed, Sealed and Delivered,
,

inpresoncoof
Oliver Morris. James IIall.
Tht ahovt
to be

) '
(

William Rogers, John Molson.

[SeaU [SeaU
""

in duplicate ; Tht obligor in ontmll be the obligee in the othet.

AFFIDAVIT OF THE EXECUTION OF THE ARBITRATION BOND.
Province or Canada,

County of

)
,

Oliver Morris and

James Hall,
in the said

{

Town

of the

of

,

County

1 o wit ) of , being duly sworn, make oath and say. that they were present, and saw William Rogers and John Molson sign, seal, and as their act and deed deliver the bond hereunto annexed ; that the names William Rogers and John Molson ; and that we the deponents set our names as subscribing witnesses to the same, at the time of the execution of the bond and delivery by the said William Rogers and John Molson, as aforesaid and further we say not.
:

Sworn

day of ' A.D.'l85 , before me, John Smith, Justice of the Peace.

to, this

[ S

Olivbr Morris, Jamgs Hau..

!

n

NOTICE TO ARBITRATORS OF THEIR APPOINTMENT.
Abbott Lawrence, Charles Jones and Henry Tobin, EsYou AHB HEREBY NOTIFIED That you have been nomiDated and chosen arbitrators, as well on the part and behalf of the undpr-:gned William Rogers, of the Town of the County of of the Province of Canada, trader^ as ot John Molson, of the same place, in the said Provinci;. ironfounder, also a party to this noti^^, To Arbitrate, Award, &c.; [as in the submission or bond, stating the time within which the award must h^ tn/i(lt> •! >nd y^!'- are 1
quires
:

To

;

m

,

requestc-d to incct the saiii parties at the house of Otis Fisher, in the Town <rf*

24

in

<UTn TO

m

TAOK raoM

a WITI^. BKfOai abbitbatobo.

in the said County,

Ttt'^f1°'.''
day or
^

"°°"i

on the °^ ^^'^' ^^y-

dav of
^°''

nt
fixing
^'^^

^^^^

P"To«e of

u^on

AD

^"*^^ "' fss Yours, very respectfully,

William Rogers, John Molson.

ARBITRATOR'S OATH,
Wr,

^mZhtr' T^tl^""^

Tiie u^DERSIONED; Arbitrators, appointed ^n.doswea, that

bvand between

w J, respeS"
make a
iuat

yeray between the parties above named, and will
'

A.n. .S6 . before^ ^; John Smith, Justice of the Peace.

^JrKsVoZ'"^
)

Hknry

Tobin.

Arbitrators.

SUBPCENA TO APPEAR BEFORE ARBITRATORS
°^C^~^°^' bounty of Counr^of'''' lo Wit

Wb

said

^GivEN under my hand

test vtn relat^n thereto, before tlie said arbitrators, on the pa t ofVS ^ Wilham Rogers: Hereof fail not at

Charles Jones and Henry Tobin. Abb.thators chosen ?o le^er^ nune a controversy, or certain matters in Wiliam Rogers and John Molson. then controversy"] bet ween and thereTo

attend at the house of Otis Fisher, in thfTown of the said County, on the Jav of at twelve o'clock noon of that day. before A(,bott

To Horace Peters, Abner Boyd and John Riley, of the Town of * , County, Greeting:— Command you, and each of you, personallv to anno^r ««,!
)
,

J ) in the said

^^

'

^t
V

t

Lavv^rS

your

peril.

at

%his

'

day

John SMrra, Justice of the Peace.

OATH TO BE

'T^YRmTRATOKa'^'™''^' ''''^^
™«»^ That
;

.JT^P," T'^T^y

the evidence you

sliall

nive to

25

P IVEVOCATlOll

LEOiLI.

rUBM8

AITD

LAW UXVVXt.

REVOCATION TO AFIBITRA TORS,
To
Abbott Liiwrcnce, Charles Jont's
iirid

Henry Tobin, Enquires;

'^" this oa "^

notick, Tb.it I do hereby revoke your powers as arbitriitors under the submission umdo to you l)y John Molson und inyBelf, in writing, [or, as the case may be.] Dated at

Take

day of

,

A.l).

185
Roiinua.

William

NOTICE OF REVOCATION.
NOTIFIED, That I have this day revoked the powers of Abbott Lawrence, Charles Jones and Henry Tobin, As arbitrators chosen to settle the matters in controversy between us; And that the following is a copy of such Revocation: [here copy the Revocation.] Dated at this day of A.D. 185 Yours respectfully,
,
, .

To John Molson You ARE HERKnY

William Roubrs.

THE AWARD.
whom these Presents shall come, or may Concern Send Greeting:— We Abbott Lawrence, Charles Jones and Henry Tobin, to whom were submitted as Arbitrators, the matters in controversy existing between William Rogers, of the Town of in the County of of the Province of Canada, trader, and John Molson, of the same place, in the said Province, iron-founder, as by the condition of their respective bonds of submission, executed by the said parties, respectively each to the other (or where there is no bond, Say as by their submission in writing ;) and bearing date the day of A. D. 185 more fully appears Now therefore know ve, That
to
,
,

To all

:

;

,

,

:

the Arbitrators mentioned in the said bonds, (or, submission, as the case may be ;) having been first duly sworn occording to law, and having heard the evidence and allegations of the parties,

We.

controversy by them submitted Do is to say : ; that First we do award and order, that the said John Molson, shall make, execute and deliver, on or before the day of next, a good and sufficient deed of conveyance in fee-simple with the usual Covenants, of a certain piece or parcel of land, situate, lying and being, in the Town of and County of (here , give the bounds ,-) and the said William Rogers shall pay, or fianSR tn h« naiH in tVta au'iA Tr^hn l\t«!« U^ -i'
in
:

and examined the matters

make

this our

Award

in writing

,

pounds, immediately upon the execution and delivery of the said 26 deed,

•mi OATH OF ALI.BOIASC*.

«"'• tl'"t thi ""l J in "• ^'^"'^ ^» be paid to tho sai.l » VV H„, RogerH, the sumf""^ VV ,11liH '"".u'^^'' ot pounds lawfUl monoy of this 1 rov.noe as damages also to pay the sum of noun Is in lull sati.tact.on of all the cos/s, charges and expense/ incurred by or m consequence of the said arhitration
"'•'''•'•

M,";^

/;•'*''''"'''"'•'''"

^^"'•^

an7Zou

''° * ^^a'-d and adjudge that •Tw'^f'-' «a,d W.iham Rogers and John Molson. shall, and do within days next ensuing the date hereof, seal and execute other, mutUH and general releases, of all actions cause

^f

"^«'

award

''"••*''«••

S

en 1 teach

(«r the said submisJion.) the said arbitrators, have hereunto -et our hands and affixed our Seals, to these present! AJnted, at day of , this one thousand eight

^"'^' ies, claims and ^ema'nds what' ^L'"or v; ""^""'•' ^""'*«' ^r thing, up to the date o the ^.IH^h'TV' C"y ho said bonds of arbitration,

r;:r

-"'—
we

and

f

Zloi

In VV iVnehs whereof,

hundred and

.

fifty

in presence ot

Oliver Morris, James ALU

H

AnnoTT Lawhencb, Charles Jones,

[Seal
[Scai: [Seal:

Henry

Tobin.

m

k;

AFFIDAVIT OF THE EXECUTION OF THE AWARD.
Oliver

M^^^f^'r^^^'^!!^:'^^"^ «i?". publish and

ZlltTZrc^V

Province op Canada, County of to Wit Morns and James Hall, of the said Couutv 'beinsr dulv '""^y "«- present, aSi'diSe'e J'""'

At

t

a3 am 2 r''
,
.

''"\"'"''y

'^"'''"'

^"''«ribcd to the

ijuoRNTo, at ,this A. D. 185 «'^j. of before me^

)*

(
)

John Smith, Justice of the Peace.

Oliver Morris, ^^^^^ Hall.
EL

THE OATH OF ALLEGIANCE.
I
hi
tJi'e

I
hfaitli
'

.

A

\l,

do sincerely promise and swr-ar
V

true allegiance to

th<*f J v-:!!

reii

r

^Soveretgnfor the time being,) ^, as lawlul Sov.rn s:nof Soverci

Her Majesty Queen' Vic'toril,, ^ueen (or
the

27

."rl

:

ueoiji

roBMs akb law luiniAL.

against Her Person, Crown and Dignity, and that I will do utmost endeavour to disclose and make known to Her Majesty, Her Heirs or Successors, all treasons or traitorious conspiracies and attempts which I shall know to be against Her or any of them and all this Ido ; swear without any equivocation, mental evasion, or secret reservation, and renouncing all pardons and dispensations from any person or power whatsoever to the contrary So help me God. And dso such oath for the faithful performance of the duties 01 nis office or for the due exercise of his profession or calling as hath been heretofore required, or shall be hereafter required in any Act to be passed in that behalf.

made

Je United Kingdom of Great Britain and Ireland, and of this J^rovmce dependent on and belonging to the said Kingdom, and that 1 will defend Her to the utmost of my power against all traitorous conspiracies or attempts whatever which shall be

my

;

OATH BY A MAYOR, ALDERMAN OR COUNCILLOR.
To
I,

he taken before

any Two or more Alderman or Councillors
(or Ald.r-

me God.

{or , sincerely and solemnly swear, that I 'will said office, according to the best of my judgment and ability ; And that I am seized or possessed, for mv own use, of real or personal estate, or both, in the said City of (or Town of , ,) after the payment or deduction ot myjustdebts, of the value of one thousand pounds (or five hundred pounds, as the case may he) and that I have not, fradu^ tently or collusively obtained the same, or a title to the same, for the purpose of qualifying myself to be elected Mayor, (Alderman^ or Councillor, as the case may he) as aforesaid So help *^
r °.^r",? . .„. ') faithfully fulfil the

Henry Richard King, having been elected Mayor, man or Councillor, as the case may be,) for the City of
do

:

ASSESSOR'S OATH.
Albert Stewart, of the Town of or City of having been appointed Assessor for the said Town of or °^ .„ A<i^ the case may be,) do Hy,eav,ihki\ ^',!'V^!K?,^'^y wi.. faithfuly, inipartially, honestly and diligently, execute all the duties of the said office, according to the best of my skill and / knowledge; So help me God.
I.
,

m

Assessors are also required to take the Oath of Allegiance. The Oath» are to be taken before the Mayor, or any two Members of the Council thereof?

NB—

AUDITOI^S OATH.
Charles Armstrong, having been appointed to the office of ^ rLuimur lor the iuuniciptil Corporation of do hereby promise and swear, that I will faithfully perform 'the
I,

^^

duties

TBBASUEBB** OBBTIl-IOAra TO OAKOTt A DBBD.
ability
*'^« ^''' "^ my judgment and ^^and'l^f'" ^''"'^^"f *^ ^"^ '*''^*''"' *^^* ' ^^^ not directly or anv .hr'*'

?nd

ecllv

®

(i

CERTIFICATE FROM A TREASURER OF A COUNTS.
I.

from t*^® sum of u hAin« tu^ whole amount payable according to the provisions of an^Act
»
I

Treasurer of the County (or United Counties) ' •^^''^^Vertify. That I have received ?u

Zr!t?F^i^'' *;P°' acres of lot, as the case

('"'

P^^'

•'f '"^

describing

it,

>r

may

be,)

Concession of the

which was sold by the Sheriff of the D^trict of ) for arrears of taxes on (^ County of the in the Town of n^ offh«»oM County, ,„ .he year of our Lord one thousand eight hundreSS
. .

number Township of

in the

,

(Signed,)

A.

B.,

m.

.

r^

.„

Treasurer.

Tici.,

cap. IS3, sections rx and

x.,

1853.

TREASURER'S CERTIFICATE TO CANCEL A DEED By Writing Across the Face
1 HF8 Ubbo is cancelled by me of the County [or United Countie.) of described tkerein having been redeVmed
'W
(Siirnpd.^

^f

U 9S

Follows
'

:

n^

^\^^^'^':
'

o« the
A
¥»

''"

.in the yeaf of A. D., 1854.

K ^
to

•^

The Deed

*^

so canceHed, to be deSiv^red by the

T^Z'

the

LEGAL fOBMS AXD LAW HAKUAL.
the Registrar of the County in which the land is situate, who is required to file it without charge with the (.'ertificate of the redemption of the same land."

I I

AGRICULTURAL SOCIETY DECLARATION.
subscribed hereto, Agree to form ourAct of the Legislature of this Province, intituled. An Act to provide for the establishment of a Bureau of Agriculture, and to amend and consolidate the Laws relating to Agriculture. Assented to, 10th November, 1852, To be called the " County {Township or Branch, as the. case may be,) Agricultural Society of the County of " {or Township of ) ; jmd we hereby severally agee to pay to the Treasurer yearly, while we continue Members ol' the said Society, (any Member being at liberty to retire there from, upon giving notice in writing, at any time before the annual Meeting, to the Secretary of his wish so to do) the sums opposite our respective names and we furthe r agree to conform to the Rules and By-laws of the said Society.
selves into

We, whose Names are
a

Society, under the provisions of the

;

Names.

s.

d.

it

The Society to consist of at least fifty Members, each to pay not less than Five ShiUings annually to the funds of the said Society, and a true copy of the said Declaration shall within one month after being so signed be transmitted to the Board of Agriculture.

AFFIDAVIT TO
I,

THE BOARD OF AGRICULTURE.

of the Township of , Treasurer of the County Agricultural Society of , make oath and say, that the sum of , has been paid into my Hands since the first day of February last, by the Township Agricultural Societies ot the said County, as and for the Members' subscription for this year and that the sum of has been paid into my Hands, as subscriptions lor this ye.iv, by Mciiibers of the said County Society ; aad that the said suuis, making in the whole
B.,
;

A.

30

the

^

DEBENTUEB FOE THB

lOAJT OP

MOKET.
^^"^'' '"^^^ *°

disp^sS Of according to law"^ Sworn to before me, this day of
Justice of

'""'"'''

'"

"^
)

^

th^ptitrt•het\"nty^^^^^^

^- ^•
.

f

INSTRUMENT TO BE EXECUTED BY JOINT COMPANIES
This histrvment to he ReeUfprpil >« „ work shall
.

STOT'JC ^^^^

lIVl situated. Cbwn/^ in be
^''^

//./-'.

which such

Be

it

the year of our Lord one thousand eight hundred We. the undor.s.gned Stockholders,

m

rememdered, That on

j^^,

^p

and
the
'^''

met

at

•„

u;n :
^n
^c.
to

r.elves

intended to he taken hy ?A« of a certain Act of1^.e

into^^cX^r^h roS,. «

^^

provide

foloFet^ZH^l/^^^^^^^^

P^S
.

^"T^'^^ '^ ''^ ^^'"f"''

^"^ ^^'-^^
""''^
P>'"^'«^"'^»

ofT'''T>^^"'^'^

for the

purpose of constructing a Pier (or

PhS wrfT*"
sum of

Five Pounds pTJi

A

^

^hiives, at the price or

h t„1 re^'^ US opposite our respective ^' ^^' signatures an^ we o pay the calls thereon, accofdTng to wfe nrovislont'of i"^ proMsions ot tL'^'' the said in part rec ted Act ami nf th^ ^^^\ ''^"^ Regulations, Resolutions and Bylwf^f hi /,;!f'r^'"''' that behalf ; and we ^^"^ *° ^A"^"^^ *^^ P^^^^d in do her.f inserted, u^ '- '-^

JeV'°arer.L

^SS ofsSTi f 1? f

.:Lz^:^:tc:j%::::;-^

See^heJct^injJ^ Statute* of 16 Vict, cap. 124, 1853.

DEBENTURE FOR THE LOAN OFMONEY
^^THE^ MONTREAL AND BVTOWN RAILWAY COMPANV.

~

Ta.br:.^..WiT4ET„:

TK:^^£nt^eTar/fe,.^^^ Rail w ay

UB4AI. rOBMB

AVS

LiLW UJlXVAL.

Railway Company, under the authority of the Provincial Statute passed in the Sixteenth year of her Majesty^s Reign, intituled, An Act to Incorporate the Montreal and Bylown Railway Company, have received from the sum of , of currency, [or sterling,] as a Loan, to bear interest from thedat« hereof, at the rate of per centum per annum, payable halfyearly on the day of day , and on the of , which sum of the , currency, [or sterling,] said Company bind and oblige themselves to pay on the to the said or to the bearer hereof; and to pay the interest thereon half yearly, as aforesaid, on the production of the cupon therefor, which now forms part of this Debenture.
,
,

And for the due payment of the said sum of money and intere^ the said Comp&.iy, under the power given to them by the said Statute, do hereby mortgage and hypothecate the real estate and appurtenances hereinafter described, that is to say The whole of the Railroad from th i City of Montreal to Bytown aforesaid, including all tfie Lands at the Terminus of the said Road, and till the Lands of the Company within those limits, and all buildings thereon erected, and all and every Vie appurtenances thereto be^ longing.
:

Ik Testimony wheeeof , President of the said Com> gany, hath hereto set and affixed his signature, and the common eal of the said Company, at the City of Montreal, this day of , one thousand eight hundred and

Countersigned and entered °
I

President
secretary.

Certify that this Debenture was duly registered in the RegiGK try office for the County of Montreal, in the District of Montreal day of on the one thousand eight hundred and of the clock in the , at noon, in

Register

page
A. B.,
Registrar,

CERTIFICATE GIVEN BY AN INSPECTOR OF BEEF AND PORK.
I, Henry Boyd, have inspected or Prime Beef, or Mess or Prime Pork, [as the case may be,"] the property of , and that Uie said Mes.s, Prime or Cargo Beef, Mess or Prime Pork, is in every re£;pect packed and branded agreeable to iIm) laws of the Province of Canada, Dated at , this day of . , A. D. 185

I

do hereby

certify, that

barrels of Cargo,

Mess

jt.A C •.ASSET

S«9

JL^^« » iPf

Jnsptetor.

BECEIPTS-OW ACCOTOT, IK FFLL,

IJTO.

RECEIPTS.
General, form

of a Receipt on Account.
Toronto, October 18th, 1853.

£37

lOs.

Od.,

Cy.

.en .hUHngs.

o„J^re;r:'4,;t\g™".„S^'y--ven

p,u„a.

W.
I

H. Richmond.

intere^
the said

Receipt in Full.

estate
!

and

£63

OS.

Od, Cy.
full

'iotouo, October 18th, 1853.

whole of
.urrenoy, in

esaidj ini,

and all

o^^n^X^inl/atinstr:

^''"^*- P"™*' W.
H. Richmond.

buildings
kereto htf

Receipt for
till

Com-

Money paid ana mte.
'^°'°"^°' ^^^^'^^^ ^^nd, 1853.

cumraoR day
sidenL
retary.
le

X35

OS. Od.,

Cy.

cui^ncy

to

Cy, and dated at Montreal July I3th, 1853

appl^ltfnofe f^^S s^ W^relt^o ^ "'''^^^^'^^ P°"nd«.
W.
Receipt for

r

RegisK

H. Richmond.

lontreal.

hundred
noon, ia

Money paid ly

Tliird Person.

£17
B..
istrar,

10s. Od.,

Cy.

'^'"''"^°' ^''*°''^^

22nd, 1853.

Ws

Stewart,

on the account of said Win. Thain.
'

st^el ptnT^rn^h.^i^lt; ^'^ f '^''^^^S"' ^^"^'^^"cy' to apply
'

BEEF
Receiptfor

Robert Raytow.

1

Money

Pork, ind that
le
rk,

receivedfor Another.

£150

Os. Od.,

is iu

Cy.

Quebec, October 22nd, 1853.

s o\

the

Sd Lewis DKwm?Henry
oq
oeeior.

pounds, currency^irbtn.^

?or^rt?'^'

°"? '^""^^^^ «"d

fifty

'^'"'' '^ "'"''"'^^ ^"^ ^o^"
"ITr
T-r
-r.

"'•

^^* itiCHMOND.

Receipt

Receipt for a Quarterns Rent.

Hamilton,
JC75 Os. Od., Cy.

November

3rd, 1853.

Received of Ephraim James, seventy-five pounds, currency, being for one quarter's rent, due this day, for my store street, now occupied by said and dwelling house, No.

Ephraim James.

Henry Osgood.

Qf Papers.
Montreal,

November

4th, 1853.

Received of Lewis Dole, several contracts and papers, which are described as follows: (here describe the papers), which I promise to return to said Lewis Dole on demand.

W.
Receipt for

H.

RiCHMONi*.

Money on a Bond.
Montreal,

November

4th, 1853.

£40

Os. Od.,

Cy.

Received of Lewis Dole, forty pounds, currency, day of being ,18 on his bond, dated the , the same sum this day endorsed on said bond. W. H. Richmond.
to apply

Recent for

Interest

Money.

Montreal Nov. 5th, 1853. Cy. Received of Lewis Dole, twenty-seven pounds ten shillings and six pence, currency, being the annual interest due on his bond, dated the 5th day of Nov., 1853, given to me, (or to Ansel Shaw,) and conditioned for the payment of the sum years from date, with aixmial shillings, in pounds •of

£27

10s. 6d.,

interest.

W.
Bemptto
be Endorsed on a Bond.

H. Richmond.

Montreal,

November

5th, 1853.

£27

Cy. Received of Lewis Dole, twenty-seven pounds ten shillings and six pence, ourrency, being the annual interest due on the within bond, and the same sum this day receipted by
10s. 6d.,

i
I

me

to the said Lewiis Dole.
Vf
.

H. RiCHHO^S.
Receipt

84

OBDBBS—JOB

GOODS, MOOTT, BTO.

Meceiptfor a Note of a Third Person.
^ Keceived of Lewis Jacobs a promissory note acainst J^'^' ^"^ «" whicVthereIs Sue forTy pounds, ^^T^ ^'PV ''i^' currency, which, when paid, shall be in full of aX
,.

p

.

,

Montreal.

November

5th, 1853.

SS

Wm

'

W. H.

Richmond.

*"* ^ or error therein, if any exist Receipts for the payment of money are open to examination and may be vaned, explained, or

show a mistake

contrLcted,'b;pIXerm!>n;.

ORDERS.
An
Mr. Henry Bacon,
flft«

Order for Goods.
^"'°"*^' ^'''
^

"h, 1853.

" '"'' '"™ ^°^^ ^'^^^' ^'^^ fo rny^SuT

«

i.n-

•^'^' P^?*^-?

P^y ^^vid Jones or order,

six nounds charge the'T^:

« 15.

Arid oblige your obdt servt.

Od, Cy.

w.
win Order for Money.

k

R,c„«o».

n^^ Hagerty, Wight & Co..
^'•^•"''-/^y-

"™'"™'

"''"• ''<'"'•

'8«»-

«r orde., four pound. the same, it being for value received.

cu^ney^atX'sS^P'JI^^rS^hJ ^ "^
P'

W. H.

R,OHMO.M,.

Mr. Charles Jones.
^
J
I

^"''''°'

^*-

^^^

>858.
f?i«»

,

?*^'

P^®*^® P^y Stilman French or ordpr

^

II 'I

£5

lis. 9d..
'

Cy.
"^

"r TV.


ii.

7,

liicmsowD.
ifl

36
DUE
t

>

LEOAX F0BH8
I

AJ(V

lAW

UKVVA.L.

DUE
Due W. H. Richmond,

BILLS.
Toronto, Nov. 7th. 1853.

I

or order, three pounds five shillings, currency, payable in goods from my store, on demand, for value received.

f

£3

5s. Od.,

Cy.

H. Wellington.

Quebec, Nov. 15th, 1853
Williams, or bearer, two pounds six shillings, currency, payable one day after date, for value received.

Due James T.
6s. Od.,

I

£3

Cy.

Thomas Tilestom.

EORROWED MONEY.
Montreal, Oct. 25th, 1853.

£25 sum

Os. Od.,

Cy.

Borrowed and received of Alvin S. Walling, the of twenty-five pounds, currency, payable to his order in ten
interest.

No.

days from date, with

W.
MAXIM.

H. Richmond.

Never endorse a note or other obligation for any body, rich or If it poor, for an amount which you cannot aflibrd to lose. becomes necessary that you should, in the course oi ousmess transactions, reciprocate with one or more persons the liability which the ceremony of endorsing paper, ma-^.e payable at a bank, or elsewhere involves, let the individuals with whom ^ou would negotiate such an intercourse, be rr en of tried judgment, of experience, and of prudence.

NOTES ON TIME.
Fromissory Notes Payahle at a Bank.

Toronto, June 10th, 1653.

£75

15s. 2d., Cy.

W.

Three months after da:e. we promise to pay H. Richmond, or o^der at the Montreal Bank, in this City the sum of seventy-five pounds fifteen shillings and two pence, curRichmond
No.

rency, for value received.

& Jouxsoy.
Quebec,

Due

loth

i5&

13th Sept,, 1853.

«o

NOTiJS

ON TIME— JOIWr AND HEVERAl,

ETC.
12th. 1853.

filOO 7s. Od.. Cy.

Quebec, July

I promise to pay RichT^""' ^' theomceof the City Bank here, nr °"'i^' ^"""'^' ''^'" ''''"'"^'' ""'''""'^y' ^^'^ value i^cefved"

mnn^

Xr T u

^^^ "lonths after date,

t^lm
iVo.

CnAr.I-ES

Due

12th

&

WELLmGTOW.

15th Jany., 1854.

Joini and Several Note,

PayahL

at a

Bank

with Interest.

£500

OS. Od.,

Cy.

Montreal, Nov. 2nd, 1853.

r^Uy promise

to^^^ S:^:^^^!:;^?!^;:^^^
^-^-^
pound, currency;

?o:ti%ri:ir
No.

.i^S^^

Hiram Welton.

Due 2nd

&

5th Feby., 1854.

^'"* ^' ^^'^™°''°-

N'otes

Fayalle at tie Payee's

office

or

store.

£125

Os. Od.,

Cy.
T

Montreal. No^^. 7th, 1853.
'"°"**'' ""^^^ ^^^^' ^

""'.^'^ °^°" ^^^«' *he .um of one hundred Sid tvvPn.'^^^^ pounds, and tvventy-five currency, for value received.

order of Chr.rlp=

P^°™««

^o

pay

to the

No.

Due

7th

&

loth March. 1854.

^' Richmond.

£87

'^oxonio,
9s.

6d.,

Cy.

Nov.

lOtk, 1853.

"'°"^''' James Waldo &r Pn °'' ^'''^^'•' ""^^"^ ''''*^' ^^^ P^o^ise to pay ''" ^<^ t^ei'- store in Hamilion the «n,^!>p eighty-seven I? sum of pounds nine shillings and pen(-e, cur currency, for value recived.

sirS-e

No.

Due

lOth

&

13th

May, 1854.

^' ^' ^^"""'^°^°^^

*

^o.

£38

Os. Od.,

Cy

Cobourg, Nov. 15th,

1(553.

No.

Due 25th

37

& 28th Jany., /'

1854

^''' ^'^«^~«™''•

LXOAL V0BM8 AKB LA.W MANVAI.
St. Catherines, Sept. 16th, 1858.

£18

2s. Od.,

Cy.

One month
Jones,

after date, I

promise to pay Hiram
shillings, currency, for

or bearer, eighteen value received.

pounds two

No.

Due 16th

&

Richard Silver.
19th October, 1853.

Note, not Negotiable.

Toronto, Nov. 18th, 1853.

£35

Os. Od.,

Cy.

Vii.ee months after date, I promise to pay John Smith twenty-fiva pounds, currency, for value received.

W.
No.

R. Harbinoton.

Due

18th «& 21st Feby., 1854.

On

Time, with Interest,

Kingston, Nov. 11th, 1853.

£94

Os. Od.,

Cy.

Two months after date, I promise to pay to the order of Harrison Hill, at their place of business, the sum of ninety-four pounds, currency, with interest, for value received.

&

Stkphen Fairplay.
No.

Due nth and

14th Jany., 1854.

£109

Montreal, Nov. I5th, 1853. Cy. Eight months after date, I promise to pay James Dunville, or order, one hundred and nine pounds, twelve shillings and six pence, currency, with interest, for value received.
12s. 6d.,

I

J.

T.

No.

Due

15th

&

Welumgham.

18th July, 1864.

On Demand.
London, Nov.
Ilth, 1853.

£18

13s. 4d.,

Cy.

On demand, I promise to pay to the order of John Richmond, the sum of eighteen pounds thirteen shillings and four pence, currency, for value received. James Welling. N. B. This note draws interest only from the time payment iii demanded. 38 On

hi

CHEQUES OK A BANK-WOTB PATADIB BT
,

UfSTAtltfENTS, ITC.

1858.

On Demand^

with Interest.

y Hiram
ency, for
^ILVEB.

£100

^^^ton, Nov.
0«. Od..

Cy.
,

14th. 1853.

.

I promise to pay to the order of of one hundred poun/s, currency "^'^^ui'y, with wun mterest, for value received.

p R- u J C Richmond,

^" demand,
sum

the

Welling Aiaen.

,

1853.

Note payable hy

instalments, with periodical Interest.

pay John

£200
NGTON.

OS. Od.,

Cy. /
^*'':

^'''^^°' ^''- ^^'^' ^S5«-

promise to pay Samuel P°""^ ^" '^^ following manner, "z fif^vnonnr-^""^''"^ "''^ '"*'"® y^^'*' fifty pounds in two years, fiftv nn^in^ pounds -^fu three years, and fifty pounds in four years from the <late hereof with mterest on all said sums, payable semi-anually
Hill or or^^r
'

^^'»e received,

01
I

m

,

1853.
to the

RoGEtt Wellington.

I

ay
5

sum of

received.
larLAY.

CHEQUES ON A BANK.
£703
'^"'"'^' "'^^
OS. Od..

*'"'' '^'^'

Cy.
Cashier of the Bank of Montreal, please '^'' ''''^" ^^"^'"'^ ^"^ ^^'^^ P°"'^ds.

nRvS
,

H

« .,J°*'?«
'

""'

1853.

Surrenc^'

ly
!

James

W.

A. Refieu).

shillings

id.

MGHAM.

Another.

To

the Cashier, or Manager, {as the case
,

^^o,. P f' w-.r^,

Branch Bank of Montreal.
,T
.

may he,)
^
.;

of me "* the

1853.

.ll^J^rc^r.^^'^'^'^'^ No

sum of .eventy

Toronto, Jan. 10th. 1854 eight pou^ten

order of
shillings

Wellington H. Richmond.

BLLINO.

payment

K 'ti^ZT Ther.?'
the first!

not transferable, as the term Kno '«or bearer »T'^^'' has been purposely omitted, in case t should hapnk ^o
is
'

Checque

^^ ^"5^. P^^^y ^"' ^^'r Therefore the last checque is .preferable to

r

Slit

On

I

su
RESPECTINO

..<'

liVOAX
^1'

TOnMB AND LAW MAKtlAt.

RESPECTING PKOMISSOUY NOTES'.
Promissory Notn is an eiig.i^enicnt in writing to pay n certain sum "f nioiii-y, niontioiiod iii it, to a person named, <>r to his order, or to such person or bearer.

A

A Note, in its original form of a proniise from one person to pay a sum of money to another, hears no particuKar resemblance to a bill of exchanjfe hut when it is endorsed, there is a very great rcscnjhhince, lor then it is an order hy the endorser to the maker of the note, to pay the irioney to the endorsee. The endorser of tliC note corresponds to the drawer of the note the maker to tho drawee or acceptor, and the endorsee to the payee. The rights and obligations of these corresponding parlies, are
; ;

nearly or quite the same. It will not bo necessary, therefore, to repeat all the rules that are applicable to, and govern the parties to a promissory note we will, however, state the principal ones, and lirst, of the reciuisites of Promissory Notes. No precise form of words is necessary to constitule a valid jn'omissory note. A i)roniise to account lor a certain sum, or an acknowledgment of indebtedness I'or value recivcd, is suflicient. Like bills of exchange, they must be for the fjayment of money only, and not for the performance of some other act ; and the amount to be paid must be fixed, and not variable, and must not depend upon contingency, but must be payable absolutely and
;

at all events.

u

There should be no uncertainty as to the person by whom or whom it is payable. For example, a note payable to II. Jones, or to Lewis Davis, is not a valid promissory note. A note payable to bearer generally, or to the payee or bearer, is transferable by mere delivery and possession of such a note is primA facie proof of title, lint if a note is drawn payable to the order of the payee, the title will pass only by the endorsement of the payee and if the endorsement be in full, the title passes to the person named therein ; but if it be in blank, it passes to the holder by delivery merely.
to
;

;

To make a note payable at a particular place, it is not sufficient that there be a memorandum of the place at the bottom or margin thereof but it must be expressed in the body of the note
itself,

and form a part thereof

The words " value received " are not essential to the validity of a promissory note, although they should be inserted. A note may be made by two or more persons and in that
;

be joint or joint and several, according to its form. The makers of a joint and several note, may be sued upon it either jointly or separately and if sued separately, a recovery of Judgment (without satisfaction) against one, will not be a bar to a recovery against another maker. But the makers of a joint note, should be sued jointly for if they are sued separately, the
; ;

case

may

40

action

COWHfDEHATIOti

l'UKHKNT^fK|yT POtt

PAYMKNT.

action can ho dofoatcl by a pica in abatement ul'the non-joinder oi the other maker, or makers.
note si-ne.l by two or prorn,«c to pay." .^r., is a

A

more persons, written tbus ;_"
Joint note only;
t^«

We

,m

L?"""^"T'
'

'''''iY'
"'"''^

'"Wed.

olherwis. if the A note written. '.I
'''"•'*""«'
'« «*

or endorsed a note, uro severally liable to the holder.

and several nolo All who have

''^ '^*^ ''' '""'"^

J<>'"'

si^rned

iointlv
^

^

and

Consideration.

necessary to support a promissory in mere love or allcction is no^ i'''^*'""/-^''"'-' ""'" ''?'"" ^' " eiit to a son or other rela lativt, oi 'to n to ufnend, cannot be enforced a.s between the ori-inal
is

A
i

valuable consideration
^^',j;;

uflldenf

CO

'

I

press

onhTm
Ilegal

support a note A cons.dera .on which the law esteems valuable must exi t ' n order to itnmsh a .just foundation for an action. A note wil be void, as between the original parties, if found^;'>^-;'-'- advantage 'was t^ken t^

Krorondsri^nT" n"''^"^'"'' ^'"^"^'•' -"I''"' jm mise, ,s not .sulhcient considration to

-"''"»«"

k"''":
;

obS

'"''.

mo numo oin the pui pose ol obtaining
;

'"« '•^"«^^««"ing the his note.

maker intoxicated,
;

for

thr

a

r.n«

consideration also will render a note void as when a ^"'' m^''^'^i\on or concealment of a crrme, or wt''" ""' yf^^^^^cr the '^u consideration is founded

r^

'

unon a

nierests.

1 here

tlm ds

IS is

when

but one case in which a note is void n the ^"'"""- ''' ^ ^^^^-^'^'« considerltion rinS r;'"^' the consideration in the note is money won at a
is

to our statutes for 1853 do not render a note f"V'''1 ^^^?r[^'"g nof remlTr^fnir'of hand void, but in case it comes to suit the pnnc.pal and six per cent, is allowed accordin-r toTavt

The

contract of the

0/ Presentment for maker being
order
.'o

Vatjment.
to pay the note

eirs? iti payment of the maker on iZ »^'e becomes due td unle^ \Zl^2 1 r'"'^ \ 'T' loses his the demand be made the holder remedv na-.nl^ih!^ orse,,,,,, h the maker would ^eSe7 £"r les tha"
me UL r.y ot the holder to demand lK;ro^hcrr"7'^"
^''^

unon dm.

chal^gj

th'e

still

payment

^pt ^:^;^ oif t^ss^;yi^ t!^::i:^
is

;ras'wen?otr'''rhr""/''''^
expres«Pd -^ i 41

^^'

exchange

beclTdufap
® °^

'

on ""

"'irh no A ,- ui •^'^cn n-. (lays -r

,, grace are allowed.

When

LEGAL F0EM8

AJTD

LAW UAKUAL.

When a note is made payable at any particular place, as, for instance, at a certain bank, due presentment must be made at that place in order to render the endorsers liable in case of nonNotes payable at a particular bank, should be payment.
left

with that bank for payment. payable generally, without any specification of place, the holder may present it for payment to the maker wherever he may be found but it is not absolutely necessary that a personal demand be made ; a demand at the maker's place of abode
If the note is
;

or business,

is

a good demand

in

some

cases.

The

holder must

use reasonable diligence in finding the maker, or his place of abode or place of business, in order to charge the endorsers. But the maker ii; liable without such demand,

Proceeding on Ifon-payment,

No

protest

is

required to be

made upon

the dishonour of a

note ; although it is common to protest them for non-payment, But in every case of the disespecially in commercial towns. honour of a note, it is the duty of the holder to give due notice thereof to all the prior parties on the note to whom he means to look for payment ; for the holder cannot recover against a party to whom he has failed to give du*'! notice of the dishonour.

Of payment.
If the

holder,

maker makes due payment of a note to a bona fide a complete discharge of all other it will amount to

parties thereto.

But when payment is duly made by an endorser to the holder, such endorser, as a general rule, will retain his right to recover over against all the antecedent parties to the note, until he has received a full indemnity such payment, however, will discharge all the endorsers, subsequent to himself.
;

Interest.

recoverable on a promissory note, in which there is no special agreement to pay interest, from the time when the A note principal becomes due, or ought to have been paid. payable on demand carries no interest till a demand is made,
Interest
is

either

by

suit or otherwise, unless there is

an agreement

to

pay

interest.

note not on demand, in which no time of payment is mentioned, dniws interest from date. Whenever there is a special agreement to pay interest, that is, when the words " with use," or " with interest," «kc., are contained in the note, it draws interest, of course, according to such agreement or contract. In 42

A

M

.

AN EKDOBSEB—EESPEOTINO CHATTEI NOTES.
In Canada West a note is outlawed in six years, from the time It becomes due. The statutes require that all claims tounded upon any mstrument or contract not under seal, actions tor the same must be commenced within six years, next after the cause ot action accrued, and not after.
is outlawed in five years, from (See Section 31 of 13 Vict., cap. 22, ^ on page 293, in this work.)

non1

be

And

in

Canada East a note
becomes due.

the time

It

sumed

Of Notice to an Endorser. In giving notice to an endorser, it is not necessary that any particular form should be observed, provided that you describe the note for which he is bo-uid, in such terms as can leave no room for him or others to misconstrue your meaning. If you state in your notice the date of the note, the amount, the time on which It became due, together with the maker's name, it is prethat

would be quite

sufficient.

It
:

a short and convenient form as follows

may be

well to present f "

Mrm
Mr. Joseph Draper,

of Notice.

Sir, The note for two hundred and ten pounds, currency, dated September the twentieth, eighteen hun-

Jacob Rich.%s makcf. fn'rlwV /'k^-'^^'V^^'t^^^^'^'^^^*^ and which became due January the twentieth and twenty-third and on which you are endorser, remains unpaid therefore I shall' " look to you for the payment thereof.
;

Toronto, January 23rd, 1854.

^^'"'^'^

"^''"

RESPECTING CHATTEL NOTES.
Ify

^« constitute a promissory note, it t mmtTT".!'"*^'"^'''^'^' must be or the payment of money only; if then a note be payable otherwise than in money, it \s called a chatte note Chattel notes are not negotiable, and, cannot be sued excep m^the name of the payee. No days of grace are

I'll
'ji

allowed upTn

%

«J

i

the duty of the maker of a chattel note, payable in specific articles, at a place mentioned in the note, o t/nder the articles, at that place, and at the time the note becomes due f the maker neglects to make such tender, he will be liable to he payee to pay hnn the amount of the note in cash. But f on the other hand,^t^he maker tender the articles mentioned in the
It is

note.

LBQAX FOBMS AND LAW MANUAL.
note, at the proper time and place, according to tiie contract, and the creditor neglects or refuses to receive them, the debt is thereby discharged but the right of" property in the articles tendered passes to the creditor. The debtor may abandon the goods tendered but if he still elects to retain possession of them, he will be considered as bailee of the creditor, at his (the creditor's) risk and
; ;

expense. The relation of debtor and creditor would in such case be changed to that of bailor and bailee. There is a difference as to tender between portable and cumbrous articles. With respect to the former, a tender as above must be made ; as to the latter, it will be sufficient if the debtor offer to deliver as the creditor shall direct.
II

I

CHATTEL NOTES.
No.

Due 17th Dec.

1853.
after
date,
I

Three months

promise

to

pay

I

Charles Dill, or order, one hunrdred and fifty bushels of good merchantable wheat, at the going price, to be delivered at the residence of, (or store of,) said Charles Dill, the same to be placed
to

4

my

credit.

W.
Toronto, Sept. 17th, 1853
;«*
,

H. RiCUMOND.

Payable in Stock,

icith Interest.

Montreal, Nov. 5th, 1853.

No.

£15

7s. Od.,

Cy.

Three days after date, I promise to pay Charles Dill, or order, fifteen pounds seven shillings, currency, in stock such as he may choose, at the valuation of three disinterested persons, judges of the value of such stock, delivered at my residence, with interest, for value received.

Samuel F. Hill.
No.

Due

18th Nov., 1853.

On Demand.
Toronto, Jany. 18th, 1854.

£27
of

10s. Od., Cy.

On demand, I promise to pay to the order Richmond, at my place of residence, in this city, twenty-seven pounds ten shillings, currency, w^orth of superfine

W. H.

flour.

Charles Dill Smith.

44

On

CHATTEL NOTES— BIL18 OF EXCHANGE.

On

Time.

£12
Mv
u-

10s. Od.,
.

Cv

PortHopcOct.

18th. 1853.

-^^^ months from date, I promise to nav to °' '?'^""' at my place o4sidenoe irf B^ow' manvl ;/T''pounds ten shillings, currency manville twelve worth of snnL "'* and merchantable winter apples.
T

^

No.

,

Due

I

18th Dec, 1853.

^'"'""^ ^"''^'

Joint and Several Note.

£135
n

Os.

Od.,

Cy.
•^'^'*®®

Brantford, Dec. I9th, 1853.

i
'h'li

months after

date,

we

iointiv anrl

«o,r«

five

pound.

oows, sheep, swme, and the balance, ket price, for value received.

currencyZrtIo™„'Sthyt';te"4lr£
if

any, in *

Del a ^
'

,h. """" '"" .^^

No.
.

Due

,9th March, ,854.

Drr^HoL™'

A SET OF BILLS OP EXCHANGE.
No.
''°"'""''
..

Exch. £250 S,g.

^^"

^^'<''

'S'S.
I J.

(second and .hird™"C*i^ftet^°„?Lfl°fJ=-''-g''. pay Messrs. A. Shaw Co, or order , wo (,' ,•"""» "nP-W.)

pound,

&

sterling,

count, as per advice.

value received, and ^
\
'

pL

The "amel''"'' "^^ ™y
'*^

'"''^"

ac-

To

Mr. Samuel Holmes,

Merchant, London.

W

VV.

h n H. llICHMOND.

No.

1.

Exch. £250 Stg
(first

'^°'°"'°' ^'°- 2^''^' ^853.

change,

and^S
Shaw

pay to Messrs. A.

'XfVJofanf Co
&
or older
)

j'ai:

T^"'

°^^^^'^ ac-

pounds, sterling, value count, as per advice.

receiverand ^

ToMr. Samuel Holmes,
Merchant. London. 45

pU the ^'"^ .^m ™y W "* ^^^"'"ond] H p
"am'e ^°

two hfnl"'"/ ""/t^'^

(

Toronto,

il

LEGAL FOEMS AKB LAW

MAJflTAL.

Toronto, Dec. 23rd, 1853. Exch. £250 Stg. Thirty days after sight of this third of Exchange, (first and second of same tenor and date being unpaid,) pay to Co., or order, two hundred and fifty pounds, Messrs. A. Shaw sterling, value received, and place the same to my account, as

No.

1.

&

per advice. To Mr. (Samuel Holmes,

} ]

Merchant, London.

W.

H. Richmond.

A BANKER'S DRAFT.
Bank
No.
of Montreal Agency.

Hamilton, 27th Dec, 1853.

£22

10s. Od.,

Cy.

Three days after si^ht of this my first, (second J. Bond, Tiventy-two not paid) please pay to the order of W. pounds ten shillings, Halifax currency, and place the same to Account of this office.

^

To A. Simpson,
Cashier,

Esq.,

i

Bank of Montreal,

>

J.

Montreal.

)

Stevenson, Jr. Agent.

DRAFTS OR INLAND
No.— £125
Cy.

BILLS.

Toronto, Dec. 27th, 1853.

Three days

after sight,

pay to the order of

Henry Smith, one hundred and twenty-five pounds currency, value received, and place the same to my account, as per advice.
James Sheilder.

To

Stone, Messrs. Wright Kingston, C. W.

&

Another Draft,

Mr. William Perkins,

At Hamilton, C.

W.

pay S., H, Bond, or order, one thousand pounds, currency, for value received, and place the same to my account, and oblige your obedient servant, W. H. Richmond. £1000 Cy,
Sir, at sight, please

Toronto, Dec. 30th, 1853.

40

KB8PECTIK0

BILLS OF EJCOHANOB.

RESPECTING BILLS OF EXCHANGE.

E
Ssk
to

Tan^o

or receiving the money of one cou^n'Erv'Zli'*^'-*1''^^^y'"S " ^^^ ^°'^^y of a'nother coLrv, b^

conir^H reduction of moneys and the negotiation of if^l^ri ^"^^^/'^^^ the comparative value of the ctrrenS^s of dffl:.n\ countries, different and shows how foreign debts arrdisc

Snds bo h thi

Bi

sTrr'

,

?-^'-

?•'

operation,

therefore,

tSlroTe"''^

'T

°"^ --try'to

anl'eTwSSe'

wl?

bL of Pv Ai ' ^
sendh7„

^'

""^^ ^' "^^'^^ P^'^^^l^ to bearer, '^"'^ "'"*"' t° business men,

f'

who wish

his order or Draft on^fnrThf^ P^^'^^l ^terreceives his dSt by tra„^^^^^^ his money across the Atlantiejn thrshape^f ' Bi^'o^F^ T'"'"' ="ape oi c. iji ot Exchange, without any dan<Ter or rid^ « ;"f i
ling,

and takes

siglt.

A

J

arrival at

fnd"rhe;yst.rthfBm "ffrd"
"''"

j

S

••

",."^

Sr'^H.r"";

™l«?,"'«

bill

«

called the

drawer
i

i

r:^d:;?e:
any one who
of the
bill, is

k: ;;,rii™ ;;k%fi *Fr happZ *?
calS
for ,he toe the hoiSer Ju.

il:V

Kli"*'""?' *" ''«"'
Rill.
„<•

''"''™<='-

^

P"'***'""

Many

mercantile payments are maH<. in

it ^S;!^""

"^^

c

l

^ "^ ""'"^-

'^«

-' »*-tX'

^^aerally termed drafts.

::Serro"s^i:r.reV?:^iri£^ ™<!« or country.
^

These

last are

bilf?.'?ml'r;r:Kr ;""'•'
. condition

Jscoples ofthe that

thatTffioSrte .^"^-i^^^r^tf
Others

LEGAL FOIIMS AND LAW MANUAL.

Whenever any one of a set is paid, the others remain unpaid. The for the whole set constitute but one bill. others are void is lost or reason lor drawing them in sets is, that in case one part accideutly destroyed, the other may be received by the drawee.
;

No precise It will be sullicient if it contain an necessary. to a order or direction by one person to another, to pay money and money only ; It must be for the payment of money, third. absolutely and at all rtnd the sum to be paid must be payable that may, events, and must not depend upon any circumstance The inserted. or may not happen the exact sum also must be on the place where, and on which it is drawn, should appear The time when tace of the bill ; there should be also a date. should be iixed usually they are drawn paybills are payable that is, after date able at a certain time after sight, or after that it be acceptance. It is not essential to the validity of a bill ir that it contain the words "value received,' ne<Totiable, these words in many cases it is highly important that

A

Bill

Of the Requisites of a Bill. of Exchange must always be in writing.
is

form of words

;

;

;

although be inserted.

$
(i

r>-..'

V

Of the Obligation of Parties. that the drawer's undertaking in a Bill of Exchange is, upon due presentment to him, shall accept such bill, and drawee, do not accept it, pay the same when due, and that if the drawee amount of the bill to the or pay it when due, he will pay the which the law allows holder, together with certain damages, provided he is duly notified of such non-payment. remain in his possession, to It is the payee's duty, if the bill

The

;

payment, at the present it to the drawee for acceptance and for and in case the drawee refuse to accept proper time and place, drawer of such reor pay, to give notice without delay to the in regard If the payee endorse the bill, his undertaking, fusal. s. is exactly the same as the drawer 10 all subsequent holders, The obligations of the endorsee or holder, are the same a? the bill. those of the payee previous to his endorsing The acceptor undertakes, and is bound to pay the bill, accordbecomes due, and ing to the tenor of the acceptance, when it signed, presentment thereof. In short, all those who have upon

and seveaccepted, or endorsed a Bill of Exchange, are jointly rally liable upon it to the holder.

Of
bill

Transfer.

which does not contain a direction or request to pay to A transthe order of the payee or the bearer, is not negotiable or ferable. 48

Bins or BXCHAiroE—fon
ferable so as to render the

AOoBwiirct!, etc.
liable

drawer or accepter

to the

^\?^^°"? it is transferred, a^K^OR his eadorsing such biii, aiable
against

mm.
Z^'""^
'^

though the payee would be and the endoisee could recover

If
™u*^® ^"*
.payable
to

l^ Endorsements are of two kinds'*'' "P**?'*' endorsements, A blank endorsement ?« t^«rf ^} JLhm and if It be the signature the the ^Jv^k'T^'"''" of of endorser on the back of thebiU; payee, its effect is to make the bill thereafter payable to bearer.

K

^nit hi"

order
'^^

is

transferable
^'

ferableLlrTr'' delivery.

\Ti^

f^^^^^ ^^

^"^'^

trans-

Ha;Sstt hif id/r^nfr
An endorsee

^^^°«^ *^« ^^'''^'^emet^is "ir^TL!" an endorsement mentismade. Thus "T"''"' in full by Charles Dill is ^j" rJ: *? ^nS'r; " 5^y ^^""^^ «^'^i«on or orde^ and sign ' ^' "^'^ ^'^ ''" ^^^* ^^ '^^^^
•"

^""

^H*

has a right to convert a blank endorsement into u'^^i'TS t T'''l''"!'u*'y hand he °^^^ the signature the necessary wo ds and on the other may convert a special into a bTank

OfPrefentmentfor Aco^temce.

«I^t*i'"f^ demand, It sight, or after
pre^nt
it

^""^

to the

sentment there
generally, unless
loses

ks remedy

payable at sight, or at a certain period aftepis absolutely necessary that the hoMpr drawee for acceptance. uml such ire s no right of action against anypa?ty and it be made within a reasonable time; tie holder against the antecedent parties.

fZ

Of Acc^fance*
^" engagement by the drawee to pay the be general or conditional, and either before or after the bill is drawn. It must be in writing, thZh no precise form is necessary ; any written words clearly denoting an intention to accept the bill are sufficient. ^ aenotmg
^'

KJiA'^if*'''?**^''?. bill due. It

when

may

The holder is entitled to require from the drawee an absolute engagenient to pay according to the tenor of the bill, unencum! bered with any condition or qualification. If
the

drawee

LTtA'SLSr^.^'^' ""^^^'^^^ '"^^'p^--' ^^ -y
A biU IS said
to be honoured

rS
;

dthono^T'^'^

"

when

it

is

duly accepted

p^^"'"''*

" "^^'

''^ "^^

ti

and b;

Of

LXQAIi

rOBVB

Ain>

LAW

HAl^UAIi.

Of Proceedinga

on Non-Acceptance,

Immediately upon the dishonour of a bill, by the refusal of the drawee to accept it, it is in general the indespensable duty of the holder to have the bill duly protested, and notice of such dishonour and protest given to the antecedent parties to whom he
intends to look for indemnitv. The protest is generally drawn up by a notary public ; it is a solemn declaration against any loss to be sustained on the part of the holder by the non acceptance or non-paynent of the bill. In respect to inland bills a protest is not absolutely necessary, although it is usual ; notice of their dishonour, however, must be given by the holder to the antecedent parties, in order to

make them responsible. Upon non-acceptance

of a bill, if due notice thereof has been given to the antecedent parties, the holder can insist upon immediate payment of the bill from them.

Of
If the bill

Presentment for Payment.

i

has been duly accepted, it is the duty of the holder to present it to the accepter for payment on the very day on which it becomes due and if the bill was accepted payable at a particular place, the holder is bound to make a demand of payment at that place. For, if the holder neglect to present the bill at such lime and place, he cannot recover against the drawer or endorser in case the accepter refuses payment. In determining when a bill becomes due, days of grace, as they are called, must be allowed. It is a custom in this country to give three days grace on all bills except those payable on demand. Demand of payment must not be made, therefore, until the third day of grace, unless such day be Sunday or a holiday observed at public offices, and places of business, in which case demand must be made on the second day of grace.
;

Of Proceedings on Non-Paymenit
upon dishonour of a bill by non-pay« ment, are the same as upon dishonour by non-acceptance. He must make due protest for non-payment, and give due notice of the dishonour to the other parties to the bill ; in which case the holder is entitled to a full satisfaction of all damages sustained by him by reason ol the dishonour against such other parties to the bill ; but if he neglect io do this the aitiecedeut parties are discharged from all liabilitv to the holder.
duties of the holder,

The

50

Of

i

COUOTIBB SUBSTITUMD FOB DISTBIOT DIVTSIOKB,

(o.

T.)

Of Payment and

Other BUchargea,

evSnfT«7**''
made

''^'"^ primarily liable

on a bill of exchange,

it is

othprL.r^r^'"f"lSy

^'"^ *° the holder discharges al
^"^ ^^e bill,

Z^Zf^T
.K

\^Y''y

the provided the payment is

nXfore.

Pavmpn? hi ^

""^' °?^^ P.^'"^' ^"^ ^^^ ^^i" are not forgeries. '°"'^*''' '^""'^ ^" "^^^ ^^ "^at""ly, and

"^'".^^ discharged from liability by a v^aUdtnTh,-n5?nl'"^''''' ^ agreement (in which they do not concur) belween h1 holder and accepter, oetween the hnM whereby tine is eiven to thi ^ accepter for the pavment of the ^ bill after UisS.

cKe

all

parTetTo^'hrhlli
to thi nr?
'

Tf^^'X' ^"^ * ^''"'^^'8^
'"'^°''"'''

T

*^^^^ ^^«"' ''' ^ ^^^^harge to *° ^» ^"do'-^er is na dis^'

endofsew

^

^^^^^^

'^

*° t^« subse ,uent

COUNTIES SUBSTITUTED FOR DISTRICT
DIVISIONS,
12
Vict.,

(C.

W.)
1849.
l\

Cap. 78,

Iktmct from
West

tie Actf<yr abolishing the Territorial Divisions into Districts, ^c.
IAssented to, 30th

of Canada

SECTION
II.

Mag, 1849.]

That the division of that nart of thU Upper Canada, into Districts for jSdicia l„d other purposes, shall be and the same is hereby abolished
it

And

be

enacted,

Provmce

called

And be it enacted, That the Courts,Court Houses and Gaols heretofore call^ District Courts, Court Houses and Gaot sha I from henceforth be called County Courts, Court
III.

Houses

^^^'"^r Schools County Grammar thtnl^^^'^l, ^''i"*'.* Schools and all and singular the Offices and Officers now in pertaining to the said districts
shall

nd

hencefoXbe longaS

or

-spectively. and whenevfr S^ saKfficVs'orOffi"' ?°""^r *'tl« o'' denomination of Offices ^^^^'T ^^^ th® nr nffl? ""^ ° ^°'- '^^ ^'^t"^*' '^^y «hall henceforth havf hi ntle or denomination of Offices or Officers, of or for he County and all laws at present in force, or during the ores ^t Session of Parliament made or to be made applicabl to the s ?d division of terrtory by the name of District or the CouJs Offices or other Institutions thereof, shall be app led to and havl' the same operation and effect upon the said Counties "^ aid fh.-ir respective Cour^ Offices and other lastitutionsZcountLs.

m? ^A
;

7

"

IV,

i

!'
;

LXOAL lOUUH AKB LAW MASVXL.

And be it enacted, That the Courts of Assize and Nisi and Oyer and Terminer, Gaol Delivery, Sesaions of the I'eacc and District Courts, shall be held in and for the sakl Counties, as such Courts are now held for the different districts in Upper-Canada, and that the name County shall be used ia designating such Courts, and also in all legal proceedings where the name District is now, or by any Act passed or to be passed
IV.
Prius,

during the present Session of Parliament, shall be used.

PRACTICAL REMARKS ON CONVEYANCES BY DEED

OR MORTGAGE,

ETC., ETC.

Certain Instruments of writing, such as Deeds, Bonds, Mortgages, Transfers, Leases, dtc., are required by law to express a consideration as having been received by the person who conveys property, or grants privileges, from the person to whom the property is conveyed, or to whom the privilege is granted. They are often begun with the following preamble : This Indenture Witnesseth, that on the tenth day of May, in the year of our Lord one thousand eight hundred and fifty-three ,(in the Disin the County of Chas. Ball, of the Town of ,if for property in Canada East,) of the first part,for and trict of in consideration of the sum of five shillings, of lawful money, of the Province of Canada, to him in hand paid, the receipt whereof is hereby acknowledged and confirmed, hath bargained and sold (or leased) <fcc., unto William Hall, of the (here insert , County of ), (and add District of , if for town of property in Canada East), of the second part, &c. &c. &c. In presenting this short preamble, we have only one object in view, viz. to inform those who aie not aware of the fact, that a consideration is necessary, as the infallible wisdom and unquestionable authority of law, require that it should be observed. Perhaps I shall be told, that the law is based upon the broad principle which entitles one person who sells property, or grants a privilege to another, to an equivalent in return, or in other words, that no man shall claim a right in the property of another, without paying him for it. The principle is good enough ; but how far is it adhered to by its votaries ? Five shillings is the sum commonly named as the consideration, and even one shilling would answer the end of law, although the amount of property, or the privilege bestowed, for which it is named as the consideration made in return, should be worth five thousand

,

:

pounds. All Instrunents under seal are Deeds ; but the term '• deed" is generally undei.^tood as applying to conveyances of land, houses, The consideration of a deed may either be good or &,c. &c. good consideration is founded upon natural love valuable.

A

52
ii.

and

[v:

TAKIXe MORTOAOB8 -DEED WITHOUT DOWEE.

*'

1

:M-m
goo<i«. service,

^^""» ^''"^^^ oj .narriage "

1

^'•'^"^^'«'

^« ^^^ey.

'

il.l

r

'n
^i
1,''

TO THOSE PUIiCHASING PROPERTY OR TAKING
MORTGAGES.

1

vi

*(
^^^

they should

It is essential that all Personal nnmko ?'"^ safety ofthernselves and othTrL^t

n
^""^

first

make thpmctf

a-

'^®. ^"^

succeed them: That

certain parcel

Crown bj Grant or Pucrhasc cha^d /om IndivTdLl or
Goods and Chattels.

orXof^Sd

are also essential in case P^f^^^^ions of j* Property, or of This can Hp ?!1 letter (ifnot convenient addressing a to ca^rnl?.'^^'"^''. ^y ''^ ^^^ ^°""*^ trar, foV the County 1^4^he nrr'^^''^"^^^^^- <^^^i"S a full description of tL pn'pert Inclosing a fee for '' nought for. The tn^V"^"'""^^!"" '®^[?f'es, say the sum shillings; and the Reds?r«,^„? of five

since rL^''"'^' '^^ '^'"^ P^««^^ ^o^ or nl °^ ^^^^°^^' Compan^^^^^

'''^^^""g ^^^t
the

&X oft^T
7

P"-

Xein

mSe

transmit'perXil
specting the said
after

ala TmL^^^ propel and

thL

'

i

nr f».o « * t ^ njent registered, (see 13 14 V^^fca ' A ^^ l^^^^' 8th section, the mere /"'^ .^^ ^'^e fact of registration t^A '' '^'''''^'«^ *» be full notice to all purchasers
;

deducting his'Sr^lll L^etu Jed" iroperty is given to the first ConvevancP

T^V.

^^^•^"gh search, win «^ Record, re. ^'"' '' "°''^y' '^ ^^y^

&

^

V^ V

DeIdtMoT;4lt"v^rC^^^^^^
? person to bear hfn'^^l^dan^^^^^^^^ ^ ments Registered. wiZu? delay. See Registry Law

that
'

all

&c, should beTeeisterS

Th

9'^"evyances, Bills of Sale,

^^"
i^

'<^'

Deeds and other Docu-

«W

Amendment

n ^

v

*

pages384to38.,andsection8^?;^'^L.f^nitg:i^^^^^

Deed without Bower.

DEED WITHOUT DOWER.
'

This Indenture, made the ninth day of Novemhpr in *u of our Lord one ^^^ ^^^^^ thousand eight hundred JnHflT I *"Jfi%-three, between Merrill Piatt of the Townshin ^f n J in the District of Mon^™^^^^^^^^^

^

tl^e first

part;^and

Wr'BogertSLl^f^ncXTih^/
Gounty

€?.

V ^^

4.

L<?/

IMAGE EVALUATION TEST TARGET (MT-S)

LO

|S0

-

ilia

IIIM

IM

w
I.I

1.25

1.4

1.6

6"

''/F
<^

/2

%
'^

\
?">!

$i.

iV

M %

:\ \

\#
-Q.<-*
•"%"

*#

5§v

o

Photographic Sciences Corporation

23 WEST MAFN STREET WEBSTER, NY. 14580 (716) 872-4503

f^l^

lEOAIi

TOBMS

AJTD I.AW HAinTAIi.

part, in consideration of the

the second County of Wentworth, of said Province, sawyer, of for and WrrNESsirrH: that the said party of the first part,

sum

of eighty-five pounds, of lawful

!

'fi

part, to him by the said party of the second deliveij well and truly paid, at or before the sealing and in hand acknowledged, of these presents, the receipt whereof is hereby released, HATH given, granted, bargained, sold, aliened, transferred, doth conveyed, and confirmed, and by these presents enfeoffed, alien, assign, transfer, release, enteot, give, grant, bargain; sell, second part, his convey, and confirm unto the said party of the parcel or tract heirs and assigns. All and Singular, that certain lownship situate, lying and being in the of land and premises, Province, of Sombra, in the County of Lambton, of the said oflandbe the containing by admeasurement one hundred acres Twenty, same more or less, being the south Half of lot number of Sombra. in the eighth concession of the said Township buildTogether with All and Singular the houses, out-houses, easements, privilege^ ings, woods, ways, waters, water-courses, whatsoever, to the said profits, hereditaments, and appurtenances tenemements, hereditaments, and prenaises parcel or tract of land, used and enbelonging, or in anywise appertaining, or therewith thereof, or as belonging joyed, or known or taken as a part or parcel or reversions, rethereto, or to any part thereof, and the reversion And alsQ, mainder or remainders, rents, issues, and profits thereof: trust, claim, property, and deall the estate, right, title, interest, use, ot the first mand, both at law and in equity, of him the said party hereditaments, part, of, in, to, or out of, the said lands, tenements, to hold the and premises, and every part thereof: To have and lands,tenements,hereditaments,and all and singular otherthe same so to be, with premises hereby conveyed or mentioned, or intended the said party of the their and every .of their appurtenances unto only use of the second part, his heirs and assigns, to tbs sole and second part, his heirs and assigns for-ever: said party of the limitations, provisoes, Subject, Neverthekss to the reservations, from the conditions expressed in the original grant thereof and party of the first part doth hereby for himself Crown. And the said Proand for his heirs, executors, and administrators. Covenant, party of the second part, mise, and Agree to and with the said that is to say 1 hat his heirs and assigns, in manner following, the ensealing he the said party of the first part, at the time of lawfully and delivery hereof, is and stands solely, rightfully and estate sure, perfect, absolute, and indefeasible seized of a good, lands, tenements, heof inheritance, in fee simple, of and in the premises hereinbefore riditaments, and all and singular other the with their and every of their ajppurtenances, and of described, any manner ot and in every part and parcel thereof, without (other than as reservation, limitation, provisoes, or conditions, any other matter or thing, to alter, charge, mcumaforesaid) or O®'

money of Canada,

:

64

^
BBEB WITHOVT BOWXB.

:

ber or defeat the same. And also, that he, the said party of the first part, now hath in himself good right, full power, and lawful
to alien, convey, and dispose of the said lands, tenements, hereditaments, and premises, and part and parcel thereof, with the appurtenances, unto the said

and absolute authority,

party of the

second part, his heirs and assigns, in manner and form aforesaid And also, that it shall and maybe lawful to and for the said party of the second part, his heirs and assigns, peaceably and quietly to enter into, have, hold, use, occupy, possess, and enjoy the aforesaid lands, tenements, hereditaments, and premises, hereby conveyed, or intended so to be, with the appurtenances, without the let, suit, hindrance, interruption, or denial of him the said party of the first part, his heirs or assigns, or any other person or persons whomsoever, and that free and clear and freely and clearly acquitted, exonerated and discharged of and from all arrears of taxes and assessments whatsoever, due or payable upon or in respect of the said lands, tenements, hereditaments, and premises, or any part thereof, and of and from all former conyeyances, mortgages, rights, annuities, debts, judgments, executions, and recognizances, and of and from all manner of other charges or incumbrances whatsoever Anh Lastly, that he the said party of the first part, his heirs and assigns, and all and every other person or persons whomsoever, having or lawfully claiming, or who shall or may have, or lawfully claim any estate, right title, interest, or trust of, in, to, or out of the lands, tenements, hereditaments, and premises hereby conveyed, as aforesaid, or mtendedjo to be, with their appurtenances, or any part thereof, by, Irom, or ttnder, or in trust for him the said party of the first part his heirs and assigns, shall and will, from time to time, and at all times hereafter, at the proper costs and charges in the law of the a&id party of the second part, his fceirs and assigns, make, do, sutter, and execute, or cause or procure to be made, done, suflfered and executed, all and every such further and other reasonable act and acts, deed and deeds, devices, conveyances, and assuranc^ the law, for the further, better, and more perfectly and absolutely conveying and assuring of the said lands, tenements, hereditaments, and premises, with the appurtenances, unto the said party of the second part, his heirs and assigns, or his or their counsel learned in the law, shall be lawfully and reasonably devised, advised, or required.
:

m

in;i;i-,fi

In Witness whereof, the said parties to these presents have hereunto set their hands, and affixed their seals, the day and year first above written. f

Si^ed, Sealed and Delivered,^!

m the presence of
C.M.
^5

I

Merrill Plait,
L. B. Abrah.^m.

{Sean

Smith, o. Koss.

f
J

"-J

rSeaU.
Received

Received on the day of the date of
eighty-five pounds, of lawful

money

this Indenture, the siim of of Canada, being the fuli

consideration therein mentioned,

C.M.Smith,
S.

Row.

j

Meebill
this deed,

PtA-rr.

)

{See the annexed
registered.)

Memorial cf

with the affidavit to &•

MEMORIAL WITHOUT DOWER.
Memorial without Dower.
be registered, pursuant to the Statute in such of Bargain and Sale, year of our Lord one thousand eight hundred and fifty-three, by and between Merrill Piatt, of the Township of Dunham, County of Missisquoi, Ih the District of Montreal, and Province of Canada, yeoman, ff the and Lazier B. Abraham, of Ancaster, in the County first part of Wentworth, and Province aforesaid, sawyer, of the second part. Whereby : the said party of the first part, for and in consi-

A Memorial to

made and provided, of an Indenture made the ninth day of November, in the
case

;

deration of the sum of eighty-five pounds, of lawful money of the Province of Canada, to him in hand paid, by the said party of give, the second part, the receipt whereof is acknowledged, grant, bargain, sell, alien, assign, transfer, release, en-feoflT, convey and confirm, unto the said party of the second part, his heirs and assigns, all that certain parcel or tract of land, situate, lying and being in the Township of Sombra, in the County of Lamb-

Dm

ton, of the said Province, containing by admeasurement one hundred acres of Land, be* the same more or less, hr ; the south half of Lot number Twenty, in the eighth concession of the said Township of Sombra. To have and to hold the said above-granted premises, with all the privileges and appurtenances thereof, to the said party of the second part, his heirs and
'

Which said Indenture is witnessed by Charles M. Smith, of the Town of Ancaster, in the County of Wentworth, of said Province, cordwainer, and Samuel Ross of the said place. Esquire.
assigns, to his or their use for-ever.

And

this

Memorial

thereof, is

hereby required to be registered

by me, the said grantee therein named. Witness my hand and seal, this ninth day of November, in the year of our Lord one thousand eight hundred and fifty-three.
Signed and Sealed, in the
'J

iOBUOBIiiXi

"WITHOn DOWEa.

(The following

is the Affidavit to be

made

Memorial

in case the deed with
to be registered.)

is to be sent

by Mail or otherwise,

therem named,

Charles M. Smith, oi' Ancaster, in the j ,)*«d County of Wentworth,cordwainer, i; in the within Memorial named, maketh Oath, and saith, that he was pre^nt and did see the Indenture to which the said memorial relates duly executed, signed, sealed and delivered, by the

Countyof Went worth,
*!,

-^u-

.

^

MerriU Piatt, a subscribing Witness to the execution of the said Indenture; that he. this deponent, also saw the said memorial duly signed and sealed by the therein named Lazier Bogert Registry thereof, Which said Memorial was *^^ ?^' ?^ attested by him, this deponent, and another subscribing witness, and that both said Instruments were executed

An^

that

he

is

at the

Ancaster, in the said County of Wentworth.

Town

of

Sworn before me, at Ancaster, in the"^ said County of Wentworth, this ninth day of November, A.D. 1853.
John Jones, A Commi&sioner for taking Affidavits in the Queen's Bench, in and for the said County of Wentworth.
J.

Ml

Charles M. r^ruxa

67

iJEKO

LBOAIi FOBIIB Ain> JaLW

UAXVXL.

DEED WITH DOWER.

INDENTURE
ov

BARGAIN AND SALE
BBTWBBN

LAZIEB

B.

ABBAHAM,

et ux.,

Of AneatUrg
Fill'"

AID

U'^

WELLINGTON

H.

EICHMOND,
Of
Toronto,

til.*,

SOUTH HALF LOT

No.

20,

IN THE 8th CONCESSION,

TOWNSHIP OF SOMBRA,
COUNTY OF LAMBTON.

Dated

this 10th

day of November, 1853.

58

Dud

DUD
Deed with Dower.

WITH BOWXB.

DEED WITH DOWER.
tenth day of November, in the year of Tril^r^ r"l^ our ^rd,one thousand eight hundred and firty-three. between ?^";>°^'?" ^"""^ of Ancaater. in the CoZt? ^f Wen^Sh^of ' T- KH fu *^u ^'^'r"^^ °^ Canada, sawyer, of the first part ; Isabella Abraham, the wife of the said party of the P"^j y'* Wellington H. RicUo^d of the cTy

made the

Iw

acknowledged.) hath ^^^«^«d, enfeoffed, conveyed and confirmed, and by l"^"«^' ?red f these presents doth give, grant bargain, sell, alien, release, enfeoff; convey and confirm unfo the j«.d party of the th rd part, his heirs and Jsigns. All arS Singula? that certain Parcel or Tract of Land and Pren^ises sUuate?Mn^

lawful money Sf '^' ^^^ ^^1^ «^ '^' ^^ird part, in ^eH ^dfrSlv naS" ^^. before the sealing and deliveiy of these presents (the r^.^^^^ ^senTs^tEe receipt whereof is hereby

of Toronto, T!"^ said Province, of the publisher, of the third parL WITNESSETH : that the said party ofthe first part, for and in consideration of he sum of one hundred pounds, of

Trl^n

S

hL

Jconrt^'t'^'

^^ SJndr^d rcresof LL*rhl^K'°"*^'"'^ of ?Cl?f K u f?: ^® ^t® *^® '"^^^ o""

admeasVement one
^ess,

of the all and singular 2« houses, out-houses, buildings, the »f«no woods, ways, waters water-

sS

^^^^^ '" '^' eighth conce^ion Town^h nnr^^ **'P 0^ Sombra, Togeteer with

1

being composed

^Tu

Zr'T?'"'"*''?""i!^Ses, profit., hereditait^^^^^^^ nances whatsoever,

SStLr°

and the reversion, ^ues and profits

nLi«?T ^ r^ ^
'•''''

Sr '?h t'^i-.f

'"^.

to the said parcel or tract of land, ^''r^' *^'^"S^°^' ^' i« any wise and enjoyed, or known or taken

apperS L\ partT

tenement!

^^'^"^'"Sr thereto, or to any part tWof! reversions, remainder and remainders renS thereof, And also all the

esSrSt Se

&
hIiiJ

ZkL T ?*"
1

SSr;;T^?^'™'rP^^^^ '^'^
"'""'"'''

*"^ demand,

boranawaVdtn

w! hereditaments,

2lrt?£^i'nf''T ""

T\^ and all

^''^^*"™^»^ «^^ premises. 'and eve^ ^^° ""^ "^^'^ t*^e same llnds. tenements ai3 and singular other the premises herebv
^^^ «aid party of the third part.

P'^r^y °^ *^« fi^«t part, of. in. to, or out of

L?P" •^'"^"""'^ "''***
ntST''
u

theThirS

^'

m man^r h manner

Tand with l^'^T'T^ri ^r''^''^' PBOMirL AckS '^P?!'^ ?^***^ ^^''^
f 1. following, that
'^

Lerthe^ fe^to th^^'i!" -°"'.' ^^^^^ations, provisoes and conditions SnresVd In tr"" °."Sinal ^ *^^ the first grant thereof from the Crown. And fff«!1? party of the sad part, doth hereby for him Jf hii heiS
P"^' ^'^ heirs and assign?
he, the said
\.i.

^""^

't *"^ °"'y "i «f the said and assigns for-ever: Subject.

S

partyTf

is

to say:

That

partfof
the
'di&j
•p'

hi

XEOAL
the
is,

KHtm

AITB

LAW

UAKVili.

first

part, at the \m\e of the etisenling
solely, rightfully

and stands

anH delivery Itereof, and lawfully seized of a good,

sure, perfect, absolute and indefeasible estate of inheritance, in fbo simple, of and in the Lands, Tenement H(»/editaments, and all and singular other the premises hereinbefore described, with their and every of their appurtenances, and of and in every part and parcel thereof, without any manner of reservation, limitation, provisoes or conditions, (other than as afiMresaid, or any other matter or thing, to alter, charge, change, or incumber, or defeat the same. And also, he, the said party of the first part, now hath in him good right, fbll power, and lawful and absolute authority, to grant, sell, aJien, convey and confirm the said lands, tenements, hereditaments and premises and every part and parcel thereof, with the appurtenances, unto the said party of the third
part, his heirs,

Hi

and assigns, in manner and form aforesaid. Akd and may be lawfulHo and for the said party of the third part, his heirs and assigns, peaceably and quietly to enter into, have, hold, use, occupy, possess and enjoy the aforesaid lands, tenements, hereditaments and premises hereby conALSO,

THAT

it

shall

veyed, or intended so to be, with the appurtenances, without the let, suit, hindrance, interruption or denial of him, the said party of the first part, his heirs or assigns, or any other person or persons whomsoever, and that free and clear, and freely and clearly acquitted, exonerated and discharged of and from all arrears of taxes and assessments whatsoever, due or payable upon or in respect <^ the said lands, tenements^ hereditaments and premises, or any part thereof, and of, and from all former conveyances, mortgages, rights, annuities, debts, judgments, executions and recognizances, and of and from all manner of other charges or incumbrances whatsoever. And lastly, that he, the said party of the first part, his heirs and assigns, and all and every other person or persons whomsoever, having or lawfully claiming, or who shall or may have or lawfully claim any estate, right, title, interest or trust, of, into, or out of the lands, tenements, hereditanEients or premises hereby conveyed, as aforesaid, or intended so to be, with their appurtenances or any part thereof, by, from, or under, or in trust ibr him the said party of the first part, his heirs or assigns, shall and will from time to time, and at all times hereafter, at the proper costs and charges in the law of the said party of the third part his heirs and assigns make, do, suier and execute, or caxtse or procure to be naade done» sidTered and execute^ all «id every such further and other reasonable act and acts, deed and deeds, devices, conveyancea and assurances in the law, for the further, better, and more perfectly and absolutely conveying and assuring of the said lands, tenements, hereditaments and premises with me appurtenances, unto the said party of the third part, his heirs and assigns, as by the said party of me third p^, his heirs and assigns, nis, or 60

»BM) wrtH BOWBX.
in the law, shall be lawfnJlv ««j '^®^''°"' ably devised, advised or requiwd Ai.b fhT/T^ "l*^ Witnesseth that the said Ab^r^LL rof above named party of the first nart fnrT^A- th l^"! '° °^ ^^^ the sum of fivrshikgs, of tof\^' the said party of the third part *'• •"? now

or their counsel learned

iXt'

t"

.

U^fflt/L^foralf
in

said certain parcel tr tract of la

and for-ever relinquished rnrt^hv,?''™ '"^'"'^^d doth remise, release, and for-evS relini^h t '® P^'^'^n^s party of the third part his he[r?PT.o.^*^ "?'"• ^"" **^« 'aid assigns, all and all mnner ^"^ of^rC^nTr^^^^^^ *'^^® °^ ^o^er whatsoever, which she the sairl T«aLn ^? of her surviving hertldtsran^tfel^^^^^^^^^ "' might or of right ought to have 5® ^"^^ P*"' or cSm?n !i
released,

and

ha^ na^d^ h:'

L
'^

V

^^

mentioned, an'd

evei^pSV/^'el

J ^V"*' *^
tK^..o?

out of the
^^'^

aKS^mf

year

heL'^rth:rhSfand^^^^^ **"** *®^^ first above
v^tte„

^^^^^ ^'^^'t the ««a'«»

P--»*« have day and
igggj
i

Signed, Sealed and Deli v-^ ered, in the presence of I

William Douoall,
Charles Stanton.

TSean f Wellington H. Richmond [seai] J

°' Abrahai^ J"' Isabella Abraham,

I

;
)

-

'

,'

I

.)

!

61

MlMCttUb

w
UOII) tOBMB AKD LAW UASWXZ.

MEMORIAL WITH l/oWER.

MEMORIAL OF INDENTURE
Of

BARGAIN AND SALE
BBTWBBN

LAZIER
i

B.

ABEAHAM,

et ux.,

0/ AncatUr ;

An

WELLINGTON
'

H.

RICHMOND,
Of
Toronto.

)

SOUTH HALF LOT

No.

20,

IN THE 8th CONCESSION,

TOWNSHIP OF SOMBRA,
COUNTY OP LAMBTON,

Dated

this

IQth day

o/Nom^tr,

1858.

Q2

Memorial

HXMOBUL WITH DOWM.

MEMORIAL WITH DOWER.
Memorial with Dower.

^'^^ made the tenth day of NovembeV In 'J^''" r""^ °"' thousand eight hundred and ^"' fift^CeU^^^^^ t^ ^^^^^^^ Bogert Abraham, of the Towb of An;«2«? fu""?." "* ?« ^>"nty of ' Wentworth, of the Province^

^v

ham, the wiVe of the said plrty o? the Vs'7art' of'Jh"'^ ^'^^ part; and Wellington Harrison^Richit offfe Toronto, of said Province, publisher, of the th.r,! r!i.7 ilv Thereby the said ., P*'*' nartv of the firs/ nmrVT. j

cL«J«

cSyta ^
:

said party of the thirr! nn,.» k:„ u

tain Parcel 01

W^^^^

heirs

^',

and

connrm, unto tho
asssigns, all that cer-

it
|^
'
ij

w
t
'

I

" ^^ assigns, and their own Me for-ever aE» bv -h. Witnessed that the said Cbelfal b^Jt^ w!;^'"/^' «.d party of the first part, in considera^'fi* sminngs, to her in hand paid by the said nartv of thr, fv;; mised. released, and Wever reSshed h' A^ ^^'' ?u^™ '^
to his
it i.

J

T ^ ^It

,

!

S^atiSaSi-i
WrTNEss

^^If^^.
day of November
in

II,

S'

my

hand and

seal, this tenth

presence of

f

DouGALL, Charlks Stanton.

W.

} Wellington H. Richmond. [Sean
I

2%fi Affidavit.

^"'^tI

^1"'"°'*'
i

yj!'""" '^°««"

»<•

Ancaster, in th.

*e

^jLr ke^o

J r^aiiSfKd^gsx
was

LKOAt fOnMB Aim LAW MAKUAI..

was
rial

present,

and did see the Indenture to relates duly executed, signed, sealed

which the said memoand delivored, by the

therein

named
Lazier Bogert Abrahcan,
is

i-i

son

to the execution of the said that he said Memonal Indenture, that he, this deponent, also saw the WelUngton Hamduly siirned and sealed by the therein named Richmond, for llegistry thereof. Which said memonal was

And

a subscribing witness

and that both

subsonbing attested by him, this deponent, and another Town ol said Instruments were executed at the in the said County of Wentworth. Ancaster,

witness

Sworn

before

me

at Ancaster, in the said^j
I

County of Wentworth, this tenth day of November, A. D. 1853.

I

A
\

1

JonNJoit«8, Commissioner for taking affidavits in the Queen's Bench, in and for the said
.

>WlLUAM

DOUOAIA.

County of Wentworth.
f

J

1 m.
\

1'
s

DEED WITHOUT DOWER.
of DeMmber, in This Indhntubb, made the twenty-fourth day eight hundred and fiily-threej the year of our Lord one thousand facilitate the Conveyance of Real in pursuance of the Act to between Charles Hamilton of the city of Toronto, Property, Canada, merchan^ of the the County of York, and Province of the of the Town ot Brantford, first part; and William Henry, part. Brant, of said Province, gentleman, of the second County of hundred WiTHKssCTH that in consideration of thesum of three Canada, now paid and twenty-seven pounds, of lawful money of said party of the first bv the said party of the second part to the by me acknowledged, I, the pkrt, the receipt whereof is hereby bargain, sell, convey, and said party of the first part, doth obamt, heirs and the said party of the second: part, his confirm unto certain parcel or tract of assigns forever, all and singular, that the Township of being land and premises, situate, lying, and County of Middlesex, of the said Pfovince, conLondon, in the admeasurement, two hundred acres of land, be the

Deed without Dower,

I

m

m

:

m

taining, by

same more or

fifteenth Con, in the less, being lot number with All and said Township of London ; Toobthee cession of the ways, waters, Singular the houses, out-houses, buildi.igs, woods, profits, hereditaments, and wtttei-courses, easements, privileges, to the said parcel or tract ot land,

appurtenances whatsoever, anywise or tenements, hereditaments and premises belonging, known or taken appertaining, or therewith used and enjayed, or as belonging thereto, or to any as a part or parcel thereof, or

m

64
|i

P*"

HI
HI

fjR

DEED WITnoUT

DOWEB—AWD MBMOnUL.

estate, right, title, interes both at law and in equUy'
of, in, to

Tsc tru

or out

of.

the

premises, and every the said party of
for his

pS
and

sdd lands tonfimlf r ""^J^^ ^''^ P^'^ ''' ^''''*^'^^'"°"*^' ^"^ tl^^Jeof To
"''''"

ThiSe ^'/T^r^^"! ^''"'"^

frimm

*

"^"'^

"Jso, all the

thLSdnarfhiTv.

aid

their sole

to the reservations,

sed in the original grant the eof party of the first part, Covevant-

'^ ^^^ onCeL^^^^^^^ limitaS provrer«;A"'^'fv """'"''''''"*

T

'"^

«°^''' »"»<>

Zm with

second part, that he has the riS the said partyoftho second n-^^^^^^ said party of^he firrpart 7h

T

the Crown'^T' ^^^^^^ ^hb said *k ^^° '^/^ P'^''^^ ^^ ^^^ ^^^ said lands to

'"''''•!|-

have quiet^possessfon n? Incumbrances: And th^at he saW
part shall

Htha.

h^

^'^?^'"« "°^ ^'^ ^^e ^a.d party o/the second

"7

^"

fl•f
!

ecute such further assurancL .^^^ site And that he will produce the H^^^^^^ :

Tthe S^

oa^^^^

^"^ P"!^'"
""'

"""^

^

«^'^^"^-

h. run's TzrhS'"!',"^^^^^^^^
the

day and year flr« aboTe"

Signed, Sealed and Delivered,

Sn
")

"

'™''' »' B™'f<»-'i.

"—

»

"«™

^•'•ili

Henrv Smith.

William Henry.

ISeal.]

MEMORIAL WITHOUT DOWER.
Memorial without Dower

eight

hundred and

fiftv-three

tate the

Conveyanoelf Ifea?Pr"

ton of the city of Toronto, in rf Y™k'^t"J°S of Canada, merchant, I^">™ioe of the first nai-t ..Jj w-i? ' Town of BrantfoW. to the Coun.rof ^^ ':''"'« BraM "* gentleman, of the second part W,K.K„T^h[ first part for and in oonsiSeirof

^ °"° "?/"='« StTCwlVf «™"TSS^^ty
in

nlf

i

thousand
Sni

if

w ^llT, "/b P™""^.

°hVsum

7iZX V'",

f

htdVrj^rsafdrrjyK:^™"^"^^^^^^^
of th.Lt
banj».n.
sell,

P^ th^l^eC whe^^fr^fcSe'IS' of" P"'^ con^ an^ oonfirm, „„r.r'sl1f "X" TS
seoond

VEQkL rOBMfl AlTD l^V MAKUAL.
All and Singular, gpcond part, his heirs and assigns, lorever. situate lying, That certain parcel or tmct oi land, and premises, of Middlebeing in the Township of London, in the County and Province of Canada, containing by admeasurement sex, of ihe less, being lot two hundred acres of land, be the same more or township ot in the fifteenth concession of the said number have and to hold the said above granted premises, To

and assigns, to unto the said party of the second part, his heirs Which said inand for his and their sole and only use forever, Town of Brantford, denture is witnessed by Oliver Brown of the and Henry Smith of the city ot in the County of Brant, merchant, iron-monger; Toronto, in the County of York, of the said Province, lown ol both said Instruments were executed at the and that Brant, ihe day and year first above County of
Brantford, in said

London

:

h3reby required to be registered by named. me, the said grantee therein Decern WiTNass my hand and seal, the twenty-fourta day of and year of our Lord one thousand eight hundred ber, in the

And

this

Memorial

thereof,

is

fifty-three.

Signed and Sealed, in presence of Oliver Brown,

^
I
i

WiLUAM Henrt.
to before

[Seal]

Henry
if:-*

Smith.

J
a Commissioner. If

{Here follows the Afdavit Sworn
to be sent

away

to be registered.)

DEED WITH DOWER.
Deed with Dower.
in the

January, This Indenture, Tripartite, made the second day of fiftyyear of our Lord one thousand eight hundrerl and facilitate the Ccveyancf of four, in puisuance of the Act to of Montreal, Real Property, between William Peel, oi the City gentleman, of the District of Montreal, and Province of Canada,

m

1515

same place. Wife of the first part ; Susan Cornelia PeeJ, of the the first part, of the second part ; and John the said party of merchant, of Bolton, of the City of Kingston, in said Piovince, • of the sum of third part, Witnesseth That in consideration the Canada, two hundred and fifty-eight pounds, lawful money of now paid by the said par!,y of the third part to the said party of him acknowthe first part, the receipt whereof is hereby by grant, bargain, sell, ledged. He thd said party of the first partjdotb part, his convey and confirm, unto the said purty of the third and assigns forever. All and Singular two certain parcels heirs and being in the or tracts of land and premises, situate, lying, Districtjof , in ine , in the Courty of Township of tv.u the said Province, containing by admoaauiemcni , of
QQ
hundred

S

.'!

I-,

S
DMD WITH DOWEH—AlTD MEMOBUli.
hundred acres of land, be the same more or Ip« hAmo- ««««^„ j

ALSO all the eSae clai„, property and demand borat' raf;ndfnet[t^^^^^^^^^^^ '^'^ ^^'^y '^^ *^« ««•«* part, o^, in. to, or toor out of the said lands, tenements, ""i*''! hereditaments and ore-

^! •-' tlL?enf TnH th! . thereof, and the reversion and reversions, ders rents, issues, and profits

XrtTr'plVc'd^trr' ""1^ ^"^^^^^ ^ '^"^^ *"' ^^'""^'"g thereto,
thereof ;

t:.e houses, out-ho'uses, building: ToSsrwtyfwat^'^wl^^^^^ courses, easements, privileges, profits, h;redit«ments and rpur. tenances whatsoever, to the said parcels or tracts o? tand tenements hereditaments and premises, belonging, or in anvwle

"En

or to any part

remainder and remain-

ANn

TtrJ
'

to the reservations hmitations, provisos and conditions expressed in trorS^^^^^^^^^ ^ereof from he Crown: The said party of the first part
:

p"ar;^?heSSrJ 't-T''- ^"^ ^'^^"^' TOHo.Tunto the ^'' Se and on] vlf forever ^S'Z nevertheless,^n^^ ^^^ t»i« «nd their sole only use ? Subject,
''^

"^7^"^^^^

SovSto

of the third nart^ nnf withstanding any act of the said p4rty he Vrst dial the sa d party of the third part shall have qSetCs^s^Sn incumbrances A^nd '•/''' "aiS : nlrtv'oTthi'f f''""!.'" P^'l"^'" execute such further assurances of the said lands as tCJaidllil. may be requisite And that he will produce the *»d allow copieKe'^lde i?tht'^'.T'^''^^^''^^rv'^"^^'-' of them, at the expense of the said party of the third mrt- An^ ;^^ ^''' P^^^ ^-« ^o«e no ic t^ncumber SeVa'd lands: And the said party 'J the sa d of the first part releases to the said party of the third part,'allh^s claims upo^^^^^^^^

^nvev thr'^-ST^^^**'\*^^'''* P^^^ *^^t he hasther^htto convey the said lands to the said party

V

pff

ZXe

:

fVn^

Lt na.'? V^'' ^^' '^''^^'' '"^ ^^'^ ^^^ ^' mfses hv^hlS becoming a party to this deed f %S^
the
fi

Cl

^'5^

?""' Wife ?f the said party of lands, and pre-

^^

hem,nlT'fH'^"f^?'

^^'

^^^

P^'^^«'^ to these

presents have

aay and v.«, first above dav ani year 2''^ ^f!"^' written. Signed, Sealed and Delivered, "^ in^presence of [

*"^

^'^"'"^ ^^'''

««^^

at Montreal, the

Davio Hewson, ALEXAiJDEE MULHOLLAND. j

William Peel, Susan C. Peel,
^°"'*

[Seal.l

[Sea/.j
[-Sfe^l/.J,

BoWON.

MEMORIAL WITH DOWER.
Memorial with Dower.

A Mbmorul to be rer*
the second

tered.

of an Indenti.rA TrJnorfito --j;..
eight

day of Januaiy, ^^

in

theyear of ow Lo^d Sethi^^^^^^

;

XiXGAX

rOBMS

ilTD

LAW

MAiaTAL.

eight hundred and fifty-four, in pursuance of the Act to facilitate the Conveyance of Real Property, between 'William Peel, of the City of Montreal, in the District of Montreal, and Province of Canada, gentleman,of the first part ; Susan Cornelia Peel, ofthe same place, Wife of the said party of the first part, of the second part and John Bolton, ofthe City of Kingston, of said Province, merchant, of the third part, Whereby : the said party of the first part, for and in consideration ofthe sum of two hundred and fiftyeight pounds, lawful money of Canada, to him in hand paid by

the said party of the third part, the receipt whereof is acknowledged. Did grant, bargain, sell, convey and confirm, unto the said party ofthe third part, his heirs and assigns forever; All and Singular, those certain parcels or tracts of land and premises, situate, lying, and being in the Township of , in the County

of
taining,

,

in theDistrict of

,

of the Province of Canada, con-

by admeasurement, two hundred acres of land, be the same more or less, being composed of the west half of lot number Five in the tenth concession, and the east half of lot number Five in the eleventh concession, in the said Township of To HAVE AND TO HOLD the Said above granted premises, unto the said party of the third part, his heirs and assigns, to and for his and their sole and only use forever And by the same Indenture
; ;

Ki

'

witnessed, that the said party of the second part. Wife of the said party of the first part, has thereby barred her dower in the said lands; which said Indenture is witnessed by David Hewson, of the City of Montreal, merchant, and Alexander Mulholland, of the said City, in the District of Montreal, of the said Province, grocer, and that both said Instruments were executed at the City of Montreal, on the day and year first above written.
it is

thi$ Memorial thereof, is hereby required to be registered by me, the said grantee therem named. WrrNEss my hand and seal, the second day of January, in the year of our Lord one thousand eight hundred aud fifty-four. Signed and Sealed, f in presence of John Bolton. [&«/.] ' * Davu) Hewson, Alex. MuLHOLLANa

And

•"

A SIMPLE DEED, WITH DOWER,
Deed with Dower.
This Indenture, Tripartite, made the seventeenth day of February, in the year of our Lord one thousand eight hundred and fifty-four, in pursuance of the Act to facilitate the Conveyance of Real Propel ty, between Charles Ball, of the Town of Beau-

County of Beauharnois and District of Montreal, of the Province of Canada, merchant, of the firct part ; and WilItaan I-I«J! n^ th*» riiJVi of TVIonfrn»l- nf s»i<J PrmrinnA. KiiilfloK nf
harnois, in the

68

the

A SIMPLE DEED, WITH DOWBB.
party of the first parrat^^^^^^^^^ twenty-five pounds, lawful money of Canada ? to hhntu ?"'' of the second part, the '^^ said party recerot P'^^u^^ acknowledgei H.TH given, gr'ant^iXTgab^e^^^^^^^^^^ and confirmed, and by these conveyed

wL"

pre^enriofh"'

'^'^^'u*^'

rk-^^ljf

H4VE AND TO Hor
the second part and behoof.

£ev^'St„S^^^^
and

«° ^« J^hrXe L^n J7''^' °' '""'^"^^^ ^^i^' ^e:) To Pariy of ^ ^'^^'T *^ ^^^ h s heii^ tS ^"^ their
^'^

DO HEREBY, for myselflnd
assigns, that I

condkiol'^''^^^" thereofLmtreCror Andrfhr^^/"
mv
hJ'
i

tations. provisos

sole use reservations, limit-

''*''*

'^'' ?"^^"^^ S'^^' P^^^^ °^ ^^^ ^^^t Part

Covenant VithXfaMpaZoTth^r*"?

^'^^

^?l"i"i«tratW
heirs

am lawfnRv «L
spII

Z^''?"'*

P^'"^' ^^^^

and
that
lli
1
[•

ed premises
I

:

rT^l^'lfLT^^^^^^
nnH /«!
-^^^

have good right to

ofthesfcondS Andthjf
ministrators, wHl 'and the same pr;mises to

bv thl;

'-'•^'"' *° the said party '""^^^^'ovs, and ad""^

T

^^--g^-

" incumbrances;

the ^afd nLrv'"/!.^°' and assigns. forevL against thfr^ ??*"? •'"^'^"^
all

^T' '^*"^"'
^'^'"^'

rt

'

""^

P^'"*'

^^^^^nd ^is heirs

persoL, pi?irTo thfTate of

h'"^^"'

IndLureitirerebywi^^^^^
said party of the first part imt^ sum Sf five shiJlS CwVii

""^ demands of .^^'^ ^^ ^^^'^

V

paid by the said William
this

Indentur^ rend ed

administrators or and all manner of ^"'^ *^^'^ ^^ O^^" er whaJsoeverrwh ich sSr the saiH' S^f/ ^-^ ^^'^ her surviving her husbami th "!f" J" *^« «^«»t «f .'^'^ P^"^ °^ <^^« ^''^ Part, might or of right ouiht to h.v: '"'"^ '"'\^"^ °"^ °^ ^he said certain parcK traS oflan/rnw' every part and parS thereof a„dil!ir'''' ^^^ ^^^°"^«^' ^"^ manner of action or actions, and writ
assigns.

by these presentrdXremiirl' him the said TOiam hist.^"'
All

S

J. "l/^ f .'^' ^^^''^^^^^ P^^^i^^ ^""^
J^fver
relinquished,

hX^
d'

rn^nl J

^^"' *^^ ^'^^ ^^ ^^e °f ^^e T''^"'^*^^'^ °r S.^"^^*' *" ^^^ "» ^and

f^

?

•^"

to

and

"'''' '"^""l"'^*^' ""to
«^«°"tors

S

'*

i

1

1

»1!

or writs of

In

WiTNErwHrp.n.T

K.rwh^? '^'^^^^oe^er in relation thereto.
'"

ar

hereuaiiseuLTrhTds^
first above written Signed, t^ealed and Delivered, in presence of

^'^
")

''"''" ''^*''

^^^^ t^"f P"^^"'^ ^^^ ^ay and year
Ball,

I

^ Charles

[Sean
[Seal.]

John Fsench, Horatio Wood 69

^
' I

Susan Bali., "^^- Hall.

•'

IBOAL TOEMB

AOT)

LAW MANUAL.

A SIMPLE DEED, WITHOUT DOWER.
the of FebruaT. This Indenture, made the twentieth day one thousand eight hundred and fi^-^u^, year of our Lord Conveyance of Real Proppursuance of the Act to facilitate the Cityof Hamilton, m the Counerty, between James Tobias, of the merchant, of the tyifWentworth,of the Province of Canada,

Deed without Dower.

J"

.

m

first

. part and Henry Niles, of the Town That the Witnesseth ? Vh,,Thf Province, contractor, of the second part, consideration of the sum oT first part, for and in said party of the hand paid him pounds, lawful money of Canada, to receipt whereof is hereby the said party of the second part, the
; :

m

by acknowledged, hath

given, granted, bargamed, sold,

and by

I'

'1

'

^.

and sell, alien, assign, these presents doth give, grant, bargain the said party of the second transfer, convey and confirm, unto Singular, that certain parcel part, his heirs and assigns, All and situate, lying and being in the or tract of land and premises, said Province, , of the in the County of Town of bounded and described admeasurement containing by property ;j Togeth^ rfollowsT to wit: [Here describe the out-houses, bmldmgs, woods, with all and singular the houses, privileges, profits, heredways, waters, water-courses, easements, thereunto belonging, or in anywise itaments, and appurtenances reversions remainder and appertaining ; and the reversion and all the esissues and profits, thereof; and also remainders, rents, claim, or demand whatsoever ; of tate. right, title, interest, use, law or eqmty. of, him the said party of the first part, either and parabove bargained premises, and every part the
. .

m

hold the afore-granted premises, to and second part, his heirs and assigns, to his the to the behoof, forever; Subject neverthekss their sole use and conditions, expressed in the reservations, limitations, provisos and The said party of the grant thereof, from the Cbown original that with the said party of the second part, first part! Covenants and premises to the he has the right to convey the said lands notwithstanding any act ot the said party of the second part part: And that the said party of the said party of the first of the said lands and second part shall have quiet possession
cel thereof:

in

and

to,

To have and to

aid party of the

:

;

ALil'.

.

And the said party ot the : premises, free from all incumbrances further assurances of the sa,id lands first part will execute such that he will produce the and premises as may be requisite, And made enumerated hereunder, and allow copies to be title deeds the said party of the second part: of them, at the expense of no act to inAnd that the said party of the first part has done party of the first said lands or premises And the said cumber the x_ 4.1.- ""i-i pc»rij ^' <Vio e*>*»r»nn nart ail his Claims "- xpan reieasus lu mic oaiu n^r*" 1^ ••• upon the said lands and premises. *"
:

1

——

70

i

DEED WITHOUT DOWBE, (SHOET POBM.)
'"'' '"' '^"^'

abtve

ttn

*'^'^ seals,

th/day and year

St
i'.ii

Signed Sealed and Delivered, in presence of William JoRDAx. James Thompson.

"^
I

James Tobias.

f
J

Henhv Niles

[SeaH \Tai\ L«e«*.J

Hi

DEED WITHOUT DOWER,
Deed without Dowers

{Short Form.)

This Indentuee, made the dav of year of our Lord one thousand eight hundred and

fU

'

IS

n^.

part,

i^

iVr

^
:

1

' ***

^'^^ s*i<^

WITNESSETH

in consideration of the sum *"^^ of ^noundl lawfi,?^ Canada,to him in hand paid by the s.i/;X\rtJt':Z7Jl the receipt whereof is hereby acknowledged, hath baSedand sold and by these presents doth bargained seu" un'?X slw party of the second part, and to his heirs and

That the said partv of thrfirst Lrlff.

Province, grocer, of

th(» «!PPr.n/i

n
1

?

All

and singular that certain parcel or

assigns,

situate lying aijd

lot of land Ind being in the Village of Brampton.

:&L
oX
Sate

Tf^ Tow^!

preS

foJev^

1^'
1
,

foiio^js?^.^^^^^^^^^^^^^

..., -^

^r;L tiSet
bounded foHows

equity, of, n and to the premises, and every part parcel th^rlof tTfr^^'^T'^ free from all incumbrances; up tothe date cr/^ia convevance to the said party of the second part, his heirs Subject to the reservations in the original gramTe^reof from And the said party of the second part shall ^^^^ ^ quiet possession of the aforesaiH lanH unA p.o^:.L In Witness WHEREOF, the said parties to these presents have
:

ndefs' ' rents issues and profits, thereof; aid also all the estaS righ Utie interest use, claim, or demand whatsoever, of him the said party of the first part, either in law or

the east side by the ' '"^. ' P^^P^^^y «f tie hei^S me late 'Lh , and on the west ^l '^t the property of side by esquire To have and to hold the aforesaid lot of land and oreml ^^"g"'^'" t^« hereditaments and a^ Si^r'^^'f.^^'^ ^"u^r'^ purtenances thereunto belonging, or in anywise appertafninT and the reversion and reversions, remainder

on the frn'fK"'^.""^^^^^?.*'^^^^"'^ front by the aforesaid street, on

«^««ted.

pC'

TJ^

:

and rema

W

er

anJa^SSv'

the

Crown

:

K

hereunto

LSOAIi

70BMS

AlfS

LAW

MAKITAX.
seals, the

hereunto set their hands and affixed their
first

day and year

above written. Signed, Sealed and Delivered,
in presence of Henky Jones,

^
l

James Tobias,
Joel West.

F/Sea/.]

[Sea/.J

Petee Henderson.
M
li

f

J

FULL COVENANT DEED,
Without Dower.

(Short Form.)

it

I

the dav of This Indenture, made the , year of our Lord one thousand eight hundred and in pursuance of the Act to facilitate the Conveyance of Real Property, between Jacob Jones, of the City of Montreal, in the District of Montreal, in the Province of Canada, trader, of the , first part ; and Daniel West, of the Village of and District of , in the County of of said Province, sawyer, of the second part, Witnessbth That the said party of the first part, in consideration of the sum of shillings, lawful money of Canada, to pounds him duly paid, Hath sold, and by these presents doth grant and convey, to the said party of the second part, and his heirs, exec:

m

utors, administrators

and

assigns, forever;

all

that certain {here de-

Together with the appurtenances, and all the estate, right, title and interest, of the said party of the first part therein : And the said partj^ of the first part, for himself and his heirs, executors and administrators, doth hereby Covenant and Agree, that at the delivery hereof he is the lawlul owner of the premises above granted, and seized of a good and indefeasible estate of inheritance therein, clear of all incumbrances whatever, of every name or nature : and that he will warrant and defend the above granted premises, in the quiet and peaceable possession of the said party of the second part, his heirs and assigns,
scribe the premises;)

forever

;

{if

for land here

insert,)

Subject nevertheless, to the

reservations,*limitations, provisos

and conditions, expressed in the original grant thereof from the Crown. In Witness whereof, the said parties to these presents have hereunto set their hands and affixed their seals, the day and year first above written. Signed, Sealed and Delivered, Jacob Jones, [^^^^] presence of l^ Daniel West. [/Sea/.j Edward F. Small,

m

WiLUAM Walker.

DEED OF LANDS EXCHANGED.
day of This Indenture, made the of our Lord one thousand eight hundred and
J ohn Snaith, of the
,

in the year
,

Township of

,

in the

72

between County of , and

part,

DEED OF

I.ANDS

EXOHANeiD-BBED OP LATO,

ETC.

Province,

oabine^l, „f .hs"'set„S°p™t^,™™°S

Wurlenanoes, to the second part, his heirs, secoKrl MrhZin eseoutors, administrators said party of tlie and asaiJns clr
TTTTT

the provisos

k„d

coSons^xnLied

i^

rhr™'- 'rP'^^

i*t

1

•>

,^' t.l! 1.V!

sents

doriranteSrllXfte&t%
if

saiCrty

heS olrrr "'* "' W-'-anceltoX

Signed, Sealed and Delivered,

^
'

!

'',1

'.

SAMOEfHoS
(The above
to

0"'=»NO.TH.

J
Copy
for

t&aii
•If

be

in duplicate, a

each party.)

DEED OF LAND. SUBJECT TO A MORTGAGE.
This Indenture, made the of our Lord one thousand eight

dav of hundred and

;r.
'
,'

*u

^'^'

part;

^nf^tJjT^^^^^^^^^
...T.„..™.

oftheLt
and
ia

F

-,

1 hat the said party of the first part, for

:

in

'

LSOAL rOBVB AKS LAW

"iLkSVAL.

pounds, lawful money of in consideration of the sum of Canada, to him in hand well and ruly paid by the said party of the second part, at or before t^.e ensealing and delivery of these presents, the receipt whereof is hereby acknowledged, Hath granted, bargained, sold, aliened, remised, released, conveyed and confirmed, and by these presents doth grant, bargain, sell, alien, remise, release, convey and confirm, unto the said party of the second part, and to his heirs and assigns, forever,
all

I'".

*

that certain (here give full description ;) Togethee with all and singular the tenements, hereditaments and appurtenances thereunto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues, and profits thereof: And also, all the estate, right, title, interest, {insert here if necessary, Dower and right of Dower:) property, possession, claim and demand, whatsoever, as well in law as in equity, of the said party of the first part, of, in, or to the above described premises, and every part and parcel thereof, with the

appurtenances : Subject, however, to the payments, conditions and agreements specified and contained in a certain Indenture of Mortgage, executed by the said party of the first part, to at A. D., 18 day of Charles Williams, on the o'clock, A. M. ; and which said mortgage was given for the pounds, purpose of securing the payment of the sum of
,

,

at the time and in the manner therein specified, and upon which there is now due and payable, [or there is yet to become due the year eighteen day of , in and payable, on the
pi-'
w

hundred and :] To have and to hold all and singular, the above mentioned and described premises. Together with the
appurtenances, unto the said party of the second part his heirs,
executors, administrators and assigns, forever, (iffor land insert; Subject, nevertheless, to the limitations, provisos and conditions expressed in the original grant thereof from the Crown:) And the said party of the first part for himself, his heirs and Msigns, will, and does hereby warrant and defend the said premises, in the quiet and peaceable possession of the said party of the second part, his heirs and assigns, forever ; against all lawful claims against the said party of the first part, his heirs, and against all and every person whomsoever, lawfully claiming or to claim the same, shall and will warrant, and defend the same forever.
In Witness whereof, the said parties to these presents have hereunto set their hands and affixed their seals, the day and year first above written.

,i

ti

Signed, Sealed and Delivered, in presence of Edward Foley, Samuel Nu4ES.

[/Sea^.] Ira Boles, Hiram Bednell. [/Seai]

i;

«

74

Deed

:

N
DEED OP MORTGAGED PBBMI8BS,

DEED OF MORTGAGED PREMISES.
ON FOREOLOSUBE, AND
^'iT^Ji? Tk au John Sandham.of theCity
'

SALI.

nJTJrirj'':^' """^V^^ *"«^^

^

fh.Vfu??^* and District the said City aforesaid, merchant of the second part. Whereas: Calvin Jones.of the Township of Dunham, in the CoSnty of Montreal, by a certain Indenture -^^ of moZlTh'" 5'''"l' ^^^^ *^^ ^"^y °^ .one thousand eight hundred and for and in consideration of the sum pounds lawful money of Canada, did bargain, sell A and convey, unto John Sandham, his heirs, executors, administrators and assigns forever. All that certain

,in the year of . ^""^'^'l and .between and District of Montreal, in Ihe Provthe first part; and Lewis Davis of ^°^««^'•'

^^y«^

f

Ir hPf A^T^
'

Jones, his heirs executors, administrators, or assigns, of the sum '.P°"»'Js awful rnoney of Canada, in the manner particuWi larly specified in the condition of a certain bond or note, bearing even date with the said Indenture of mortgage: With a special said Indenture of mortgage contained, authorizing Srr-iV^^ Sandhani his heirs, executors, the said John administrators, or Msigns. if default should be made in the payment of the said sum of money mentioned in the condition of the said bond or note, with the interest, or of any part thereof, to sell and dispose of the mortgaged premises, or any part thereof, at public Auction and deliver to the purchaser, or purcksers, thereof; IIIa and sufficient Deed, or Deeds, a good rJ"^ of conveyance in the law
^'' ^1^' '^^^'^^'> ^^e said Indenture of K been ^"l^^^'' duly recorded according to law, as by the said Indenture of mortgage, and the record thereof, and of the power therein contained, reference being thereunto had. may more fully and at large appear: And whereas, default having

with tile appurtenances, Indenture of mortgage contained, that the same should be void on the payment by the said Calvin

hereinafter particularlv described,

piece or parcel of land,

ZTfZMT'f'uu'^i

S

H'^il

r

1

.m

mnriL'!^' mortg'^rre has

intended to be secured °^ mortgage, the mortgaged premises here\lftZ n»'5 '"f inafter particularly described, were, on the dav of ^""^'^^ ^"^ ^°^d ^t Public auction, to ' Z^^^rtTf ^rft^ ^e said party of the second part, for the sum of ninety-two pounds, bemg the highest sum Wd for the same, public notice having beeii given of such sale, by advertisement, inserted and publishea lor weeks, twice in each week, successively, in a newspaper, entitled the , printed in the village of inThe County which the the mortgaged premises are situate, also a copy of said advertisement was, for weeks prior to the S!!ilT.^VP«^ia^d for such sale, duly affixed on the ollde door of the Court House in the vill ocro r>P being the buildhig in which the County Courts aVrheid; and the s'.'^ T party of
"^"•;^

been

made

m the payment of the money

m

.

the

,

I

MOAt
the

rOEMS AKD LAW MANUAL.

first part, having caused a copy of said printed notice to be duly served on all persons havingany claim upon the said premises This Indenture further Witnessetii That the party of
;
:

"•

m'M

sum of ninety-two pounds, bid as aforesaid, to him in hand well and truly paid in lawful money of Canada, by the said party of the second part, at the time of the ensealing and delivery of these presents, the receipt whereof is hereby acknowledged, Hath granted, bargained, sold, aliened, released, conveyed and confirmed, and by these presents doth grant, bargain, sell, alien, release, convey and confirm, unto the said party of the second part, his heirs and assigns forever, all that certain piece or parcel (here give description ;) Together with all and singular, the tenements, hereditaments and appurtenances, thereunto belonging, or in anywise appertaining, to the said described premises conveyed, in and by the said Indenture of Mortgage ; and also all the estate, right, title, interest, property, claim and demand, whatsoever ; both in law and equity, of the said Calvin Jones, as well as of the said party of the first part, of, in and to, the above described premises, with the appurtenances, as fully, to all intents and purposes, as the said party of the first part hath power and authority to grant and sell the same, by virtue of the said Indenture of mortgage, and of the statute in in such case made and provided : To have and to hold the said above granted and described premises, with their and every of their appurtenances, unto the said party of the second part, his heirs, executors, administrators and assigns, to the sole and only proper use, benefit and behoof, of the said party of the second part, his heirs, executors, administrators and assigns, forever. In Witness wheeeof, the said party of the first part has hereunto set his hand and afiixed his seal, the day and year first above
first part,

the

for

and

in consideration of the

written.

Signed, Sealed and Delivered, in presence of

.

Albert H. Brown, Henry Hooker.

f

John Sandham.

/« jx {Seal.)

DEED FROM A CORPORATION.
This Indenture, made the day of in the year of our Lord one thousand eight hundred and , between the (here the name of the Corporation,) of the Town of in the County of , and Province of Canada, of the first part ; and James Harrison, of the Village of of , in the County of said Province, contractor, of the second part, Witnesseth That the said (here the name of the Corporation) of the first part, for and in consideration of the sum of pounds, lawful money of Canada, to the said Corporation, well and truly paid by the said party of the second part, at or before the ensealing and de,

,

,

:

1

76

livery

MED THOM

a COBPOBATloy-DEED OF A PEW.

sell, alien,

ihe e'n^. Pnf '/!?''^^' "^^^^ «''""^' remise, release, convevanfi ^^'S^^^l iTf^' of the second pa t, and "?^°.*'^« «aid party JihTs
heirs ir.?^'""'

conveyed ancTconar^ed^^nTby

''^''''^*

TooETHER with all and siniru 1^ » f " "^ '^* proper/y ;)_ and appurtenances. rhereurbltlnHr"''"*'' hereclitam;;ts ing, and the reversion andJeveS rLn! /'"^"^r pertainrents, issues, and profits remainders, thereof

assigns, forevir. ail that ce

a^nX^^^^^^^^^

f

title, interest, property, ^''^*^' ""'SK possession ?I«:^' } ?^ ever; as well in law as ^^'"""d, whatso. in equi v o?th? ^"^,. Corporation of the first part, of, in, or to, the abovf de' Hb^Z'^ part and parcel thereof withZl ^^^^"'^ed premises, and every ?o HOLD tfe "-^ ^ blrL"^^^^^^^^ with the appurtenaLerlo d '^T^^^^ his heirs, executors, administrators and assLs to »f''°".^ r*' own proper use and benefit, forever And f if '• /^'' ^"^ *^^^^ C«r;,«r««o„;) will ''"'"' warranfthe ^li^remfsesln '-^ t'"' peaceable possession of the said party orb? «ln , "^"'^^ l"'^ *"« second part, his heirs, executors, administratorQnn-?^-

'And aSoalrtr^

abovrS

TK

--

pal oTT^'

" •' "and «^ery person whomclaiminjr oV to warrant, and b^ these prfs^nts fofeTr defendTh '""'-^ ^"'^ ^^'^ *"rever defend the said to the party aforesaid premises
soever, lawfully

poration, parties' of

tl~;

Tim ?

allS

^

^'^^ ^^'^''^^'^-

these presents have ^^^'^ '^"^«' the day above wri.ten. and year Signed. Sealed and Delivered,^ Charles Ua. , Hall, m presence Corporate

hertnToTertLTSrd^'atjiTth^^
of

first

^

Peter Holder, Jr Lewis Ronald

I Presid^m ifiu ™'^»";, o^" Manager.
|

^^'^^''^

(as the case

may

be.)

J

James Harrison,

[Seal.!

DEED OF A PEW
°" ^^^ ^""^^ side of of j lu n County of and ProvCanada.t (orifexecute'dZT^ ''' Lewis Davis, Hifam '"^'^ ^^«' J^'hn Elliot,
street in the Villajre

ince of

S

,

fef V

Church

i
Church on

MOAli ronJIB AND LAW UHSVAXt,
and Proy. street in the Village of to iioi.d the same, unto the said inco aforesaid : To have and and assigna, William Hall, his heirs, executors, administrators are now Subject to all liabilities and incumbrances as forever; such taxes and assessments as may from leKallv existinL', und to Provided, however, that time to time be legally laid thereon; pew, nor shall the shall be no alteration made in the said there given sold, by deed of sale, or a mortgage same be transferred, or consent of the Warden, lor of the said pew, without the written {here name of Church or Trustees, as the case may be,] of said being; And further, if, at any time, there Society), for the time a sum equal to hve years taxes, shall be owing from said pew, conveyance shall be wholly void, all the right, title and then this his heirs, executors, adminisinterest of the said William Hall, the said pew, shall revert back to trators and assigns, in and to the said Church, (or Society.) we] have hereunto set my [or our In Witness whereof, 1, [or Corporate, [or legal] seal ot said hands.! hand and affixed the the yearot our day of , in Church, [or Society.] this eight hundred and Lord one thousand Signed, Sealed and Delivered, Henry SMrrn.
,

ill!

in presence

of

Warden
Church of
(or)
)

of the

[Seal.]

Henry Ball, Charles West,
l^ames of the Trustees,
of the Church of
^i

Trustees Tru

&c.

[Seal]

1

DEED FROM A GUARDIAN.
To ALL PERSONS TO WHOM THESE PRESENTS of That I. Horace Bond, of the Town

-

SHALL COME
,

:

ICnoW TB

m the County of

m
I?

have been appoin ed Guardian iTd Province of Canada, grocer, WilOliver Smith, minors, and Children of SFsusan Smith and deceased sends Greeting .Smith, late of the said

Uam

.

wLeas, by

within Court, holden at an order of the day of in said Province, on the and for the County of "^ one thousand eight hundred and in the year of our Lord his capacity ot Guardian, as the said Horace Bond, in licensed to make sale of the whol aforesaid was empowered and one undivided sixth part to said minors' interest, being
,
,

Sthe

^ch

hereinafter described ; And minor, in the Real Estate having given the Bond, and tawhereas, the said Horace Bond before fixing on the time and place ken the oath by knv required, by causing a giv.^u public notice of the said sale, of sale and also weeks, successively, d -rhited

Se

to

be ins*?, a

m

Sie newspaper

called

.

Sd on the

day of 78

and printed in the Town of in the year of our Lord one thouh ,

and

on the

hundred and cau«n ihn be exposed for sale at puhlic auct,vfn
pren.i«eH.

eight

o«-

1

"""''"
'''*'

'"*^'"^'* '"

and the

to Charles Tho.np«on. of and Trovince aforesai.l pounds, he being the highest i,.

nlL^al^^^TTJ'' '"''^ "°^'«''. ^own of thrCash ^o?"' '»'^-;;"-f, "^®
'

v«;.!!!

r

.

'"

County

Vhat

J.

aforesaid,

the said by virtue of the

Horace&d h^':

VT""' J""
'Ir^''^^^''^

^^'^

«"^n

«''

of the sum if paid by Charles

hereby acknowledMe;

^" Tho4:„tJf^r:^airth"7 "' ''""^^ ^« ^ '"f'^^'P* whereof I And do h«r!K
'

powVr 'foL'^^^^ DouSdr In ^/^f'""^' *"^

^'?^' ^^^ow ye. Guardian, as '" considera ion
."^
i

ren,i«e. release, couv^vn.^ co° «on. his hein, executes,

firT n^nt^'.r'' ^?''F'"' »«". «''"

ded s^xth

ad^ik?^^^^^^ pan3 of a cert^ain tTc tor pa eefof T'^T* '^° ""^•^^•

^' ''"""^«' viz :!!f ;] being the shared of h«'''-^^ privileges fnd appuZanees therlrnr^J i^^^«'"' ^'^^ HAVE AND TO HOLD the l^'^V^^o belonging : To
[de8cripti<,n
all

the

Charles
signs,

Thompson,

aUvo Xnt^H

his

forever And I, the ; sai/HoracrBon^T "'''"'*'?.'' ^"'^ ^«executors, administrators andassiSsHn^ '^'''"y"«'f."»y heirs. Charles Thompson, his ""''^ '^' '^'^^
'

E?

fieeutorr?/"'''-

'° ^^'"^ ^'>«

«-id

heirs,

making the said sale I hL f''?*^" «"d asand directions of the law and th.f /^'T "'^^"^^'^ mil warrant and defend *"^ ""^ ^"^^'^^ the above granted nr Charles Thompson, ^^""^®^' ^" t^'e said his heirs anH !«• claims and ^^« '-^^u' demWoTtheTa'idSfino^^^^^^^^

signs, that in

exeSorsadmTT'

the rules

V

i

;;

It

J

perso.ela.mingthesameby.thr?^^^^^^^^^^^^

see

my hand anTaffix^Tm^TaT
in presence

thYs"'^^^^^"^^
in

the

of

'
I

BfiNjAMFN West, Charles Silver.

>

Horace

Bojtd*

[SeaL]

EXECUTORS' DEED.
This Indenture,

made

the

day of

.u

l^l-r^Xl^-i;and Province of
Of «.e

a^P^liin-M Duncan'
/
.^

Township

Canada of fK. « "^

or"^

^rfi;

" ^^^ ^°"nty of »? Th„»a,_

B™^'

J"

Province,
i.i

,)

,

:

•tm'fMmsiti^disi

lEGAI.

FOBMS AMD lAW MANTIAIc
:

il

Witnesseth That the Province, yeoman, of the second part, power and authority parties of the first part, by virtue of the said testament and for in and by the said last will and to them given, pounds, lawful money of and in consideration ol the sum well and truly paid, at or before the of Canada, to them ir hand party o. delivery of these presents, oy the said ensealing and whcieof is hereby acknowledged, the second part the receipt

>i

released, conveyed and have granted, !)argained, sold, aliened, by these presents do grant, bargain, sell, aliea, confirmed, and unto the ^aid party of the second release, corvev and confirm, and asssigns, forever his heirs,' executors, administrators

nart

{here describe the property con> All and singular that certain all and Singular, the hereditaments, and veved) Together with or in any wise appertaining; anpurtenances, to the same belonging, and remainders, reversion and reversions, remainder and the thereof: And also, all the estate, right rents, issues and profits
title

and demand whatsoever, both in law und and at the the said testator had in his life time, eauity, which which the said parties of the first part, or time of his decease, and by virtue of the said last will and either of them, have or hath part otherwise, of, in and to, the same, and every testament, or the appurtenances: To have axd to and parcel thereof, with him, the said Thomas Brown, the aforegranted premises, to
interest, claim

HOLD

administrators and his heirs, executors, land;) use and behoof, forever, {If for

assigns, to his

and

their

Subject nevertheless to

second part, his

original grant thereof froni the Crown: the reservations in the the said party of the said Executors, do covenant with And we the and assigns, that we are lawlul ly the execheirs

testament of the said Nicholas Deming, utors of the last will and on the have not made or sufiered any incumbrance and that we since we were appointed executors ot herebv granted premises, and that we have in all respects the said Nicholas Deming; conveyance, in pursuance of the authority
acted in making this granted to us, in and by the said
aforesaid testator.
In
last will
.

and testament
r
i

of the
..

first part have Testimony whereof, the said parties of the afiked their seals, the day and year hereunto set their hands and

n

^

u

first

above written.

,

^

Signed, Sealed and Delivered, ^ in presence of David Jones,

]

I f

o King, Samuel v Duncan Smith,

y^^nU {SeaU

[W]

As Executors
the

<o ^/^-^estaie 0/

Ouver Dimond.

J

Me

Nicholas Deming.

DEED BY AN ADMINISTRATOR.
Estate of a person dying without a Will William TO vvnnM THERE Presents shall comb: I, in the County of ^^^ Brown, of the Town of

Of the

nn„

^.|

,

.

a^

'4

80

»MI> Br Ay ADMIHUTBATOE.
Province of Canada merchant, Administrator of the goods and
send Greeting':! WuKHE.;, by l^fdeT^nL
(or as ike

ca^rnay U, held^t

t^^^^^ V^^i^Tlf^"^"l,

i

liam Bro -^^^^^ a»d PHSs good sufficient Deeds, to

h^^^^^n"' the said vVilham
saJe,

^p""^' hereinafter described'; and whereas I Brown, have given public notice of thTintended by causmg a notice thereof to be printed and inserted

conU theTeal Estate of

O 'S^Z^
entitled

the ^«T^P^P«^' printed printedrn the^'SnT'^^' the Town of , the County in which the nrol perty ,s situate, agreeably to the order and direct on of Court; and havmg given the bond and taken the oa°h bv aw

m

^"

m

',

sS

to the

appointment and notice afo'rX^'

sell

by^pthS^CS
of
«^.

,

of said

Provmce, grocer,

for the

sum

a

convey and confirm, unto the^said

ChaSHeSson W
hfs h.fr,

•'"
h

n
P^""

il

mises, to the said Charfes

HenSe^on

.7' T''''\

and administrators, do hereb7iovenan,

„i,K

'

5''^^"'?"

:

^5

in

presence of Jacob French,

f

^ Wiluam Bbowjc.

:!;

Ill

[^a^^J

81

lEOAl TOEMS

AITD I.A-W MAlTUAIi.

FOR EXECUTING THE DEED TO COMMISSIONER'SHIGH ADMIRAL. "^^ OF T.ORD
OFFICE
1^
41^

the City of Hamilton, in I William Smith, of of Province of Canada, for and in consideration Wentworth, and {or as the into the Bank of to me or the sum of Commissioners for executing the Office case may be,) paid by the Britain Admiral of the United Kingdom of Great LoTnigh
,

the County of

of

the said Commissioners all Ireland, do hereby convey to 'o be conveyed;) Togethek certain (Aere describing the lands ?hat belongmg, rights and appurtenances thereunto with all ways, to the same title; and interest in and Tnd all suchlstatf, right, shall become seized or possess and every part thereof, as I am or Province, by an Act of the Parliament of this sed of, or am of the third Provmcial Parliament passed in the Fourth Session of the Reign Tcanlda, held in the fourteenth and fifteenth years Queen Victoria, chapter sixty-seven, and intituled, of Her Maiesty for executing the Office An Act for vestSg in the Commissioners Kingdom of Great Bntain Lord High Admiral of the United of therein described, and for and Ireland, the estates and property other the said Commissioners, and for ?rSnt nc ce tain powers to capacitated orempowered toconvey: rmrpose^s therein mentioned, tru.t, Commissioners And to hold the said lands to the said and meaning of the said Act. «nd according to the intent

and

I

m

II

i

hand and seal, Witness whereof, I have hereunto set my year of Our Lord one thousand in the day of this eight hundred and "^ Signed, Sealed and Delivered,
In

in presence of

William Smith.
J

[Seal]

DEED OF GIFT OF PERSONAL PROPERTY.
Know all Men the Town of
Johnson, of by these Presents That I, Charles and Province of Canin the County of of the natural love and afada printer, for and in consideration daughter Lucy Johnson, and for Action which I bear unto my marriage,and the increase ot her portion her better preferment in to me in hand consideration of the sum of one pound, and also in Johnson at or before the sealing paid by my said daughter Lucy whereof I do hereby acknowledge, and delivery hereof, the receipt bargained, and sold, and by.these presents Have given, granted, unto my said daughter. Lucy Jo mve. grant, bargain, and sell, [or refer All the gooda and chattels following, to Wit Johnson mentioned in the schedule hereunto anchattels
:
,

,

:

m-

to

the iioods and

Lucy Johnson my daughlhereby given and granted unto the said
82

'ved-i To HAVE AvnTo HOLD

all

and singular the premises,
®''

I

7>BED
er.

OP OHJ OF LANB-EELEASB OP DOWBB TO AK HEIB.

their

her heirs, executors and administrators, forever, as her and ei, ds ner ana own proper goods and chattels.

mvL^Thir
tt^rJi
eight

hereunto set
"""'"h""' 'f^''^'

hundrelald

^" fifty;
)
I

my hand and affixed °' ^" ^°^' °"^ ''''T
[Seal']

Signed, Sealed and Delivered, in presence of

GcsTAvua Wood, Oliver Hall.

j

Chables Johnson.

j

DEED OF GIFT OF LAND.
This Indexture, made the eleventh day of May, in the year of our Lord one thousand eight hundred
\il\

his heirs, executors, administrators and assigns, forever, Ail and Singular that certain parcel or tract of land, situate, lying, and being in the Township of * , in the County of , and District of »oj the said Province: containing two hundred acres of land bounded [here give description;] Together with all and singular, the hereditaments and appurtenances, thereunto belonging To have and to hold the same, unto the said party of the second part his heirs, executors, administrators and assigns, to their own use and behoof, forever.
:

of in the County of , and District of of the Province of Canada, yeoman, of the first part; and Alexander Knowlton of the said Town, knd Provmce aforesaid, carriage-maker. son of the said party of the first part, of the second part. Witnesseth That tHe said party of the first part, for and in consideration of the natural love and affection which he hath for and unto his son. the said party of the second part. He the said party of thefirstpart Hath given, grant! ed, aliened, released and confirmed and by these presents doth give and bequeath, unto his son the said party of the second part
, :

Miles Knowlton, of the

and

fifty-four,

Town

between

first above written. Signed. Sealed and Delivered, in presence of

In Witness whereof, the said parties to these presents have hereunto set their hands and affixed their seals, the day and year jr a, ^u j^cm

)
{ '

Charles Snaith, William Brooks.

Miles Knowlton, Alex. Knowlton.

[Sean
[Seal.i ^

RELEASE OF DOWER TO AN HEIR.
"""^'^

.nn^Tth''''T^''''' ""l son, of the of

Presents
,

Town

m

the

Province of Canada,
oi

,in the

Widow of John Sharoson. lat« nf the tL "! County and Province aforesaid, Hereby releas^' 83

That I, Caroline SharpCounty of of the
:
I

M

my

r
i

f

my my
by

Smy Son sum ^^
Sant

and claim of doj^^' ""^^ and m ^^.^^^^^-^^^"^^^^^^ son hereinafternamed. for beloved to me paid

Dower, and

all right, title, interest

said son, Have Granted, and affection which I have to my do quit-claimed. and by these presents mised reTeas"dT and forever the 5^^^^ Charies administrators and assigns, forever. ll.trnson his heirs, executors, other nght, title of dower, and all Dower and right, or aw demand, whatsoever, fnSreT'property, claim and and to (/.ere the said Caroline Sharpson. ofJn i^id inequit3J'of me, SharpSo that neither I, the said Carolme nor any other person or fin mv heirs executors, administrators,

pounds,lawful moneyof Canada, of theCoun y of Charles Sharpson. ofthe City of together with the love , of the said Province, attorney, re-

m

unto remise/ release and quit-claim.

AuX

^L

m

^veVnTlM^

::i'

of them, shall have claim, chaHenge ner^o^s fo me them or'any any have claim, challenge or demand Sr demanXoT petend to or demand, of, m, or to. the dowenrany other right, title, claim, further, the said Dower ir^[Jshemnbefore described: And

n
''

rS^b^XdeSredandexcludedforever. set my hand Witness whebeof, 1 have hereunto
In

my

day of ^^ , seal, this thousand eight hundred and fiftySigned, Sealed and Delivered, ^
in presence of

and affixed one in the year ,of our Lord

I

Caboune Shabpson.

[deaf. J

Ovu) Thompson, Lewis Davis.

DEED OF PARTITION.
day of May, 5n the year T«,« INDENTOBB. made the eleventh

f.r 01 the second part der, of tne secouu F"

; »

and Samuel

^

Niles, of the Village of St
,

-j Province,

merchant,

'^^r.^'S!^rt
situate, lying.

wSkIth:
p
^^^

TharthTsaid

parties to

the«

^n
bounded

and containing

..«

owned bv them

^J' ThTsaidCy

in manner follow. as tenants in common, in severalty. first part, shall hold of the

m

S^traU-r, lS^^;^i^ii«oa^ W.
84

parti«do gr«..

«.d^

i

lease the tract assigned to
heirs, executors,

him as

administrators,

ever
;

and do hereby covenant to

his heirs, executors, administrators and assigns the lawful claims of all persons, claiming under or
to

him

aforesaid, to hold to him his and assigns in severaltv' fo,! warrant Ind defend thT^Lmr

tff

aS

eiS"of

In

Witness whereof, the

said parties to these presents havi»

Signed, Sealed and Delivered,

innresenceof
Jones, Charles Smith.

]
I

Henry T

Henry

^
J

Dill,
(.1

Charles Jo^es.

Samuel Niles.

Province of Canada, iron-founder of thp Stone Richards, the 'wife of the sad pari

fir«f

nor.f

j

"
'r^f-

Zn"/
, receipt

r

of thefirs'oar"t of h"
o?^^^^^^^^^^^^

\'^f-^"^

^?

^r^deration^fYhfsum

^^^^^^. P/«^'"«e. bookX, of the 'third parr7e . ' whereof we do hereby acknowledge, Have ^gained sold and quit-claimed and by these presents w^ do bargain sell and quit-claim unto the said party of the third part, hfs execu

0^

»

!

S

rigni, title, inteiest, estate,

o

Tiff V^"^^?

claim and demand, both at law anii "^^^ ^" P°^^^^«'°» «« i" expintancy/onn and

!

V

'!

said lands

and premises,

to the said party

ofTK do" f^:

Hi

My four

year of our Lord one thousand eight hundred

Ld

Signed, Sealed

and Delivered
'

^

'"Srfn"'^ Lev.1. Davis,
James Lawbence.

I > J

Nelson Richards.
Eliza
S. Richards,

[.W
\seal

Thomas Howland

S

^

UmBtffWiWk'.'V.MHM

^

LWJW,M.M1W

mBSSieKmmm

LEGAL rOBMS ASD LAW MANTTAL.

QUIT-CLAIM DEED,
:

(No. 2.)

Know all Men by these Presents That on this fourth day eight hundred and of May in the year of our Lord one thousand in the that I, Charles Silver, of the Village of Dunham, fifty-four, in the District of Montreal, of the Province County of Missisquoi,

James Harrison, ol of Canada, merchant, of the first part ; and of the second City of Quebec, of the said Province, grocer, the The said party of the first part, Hath, for and in part, Whereas pounds, lawlul consideration of the sum of two hundred and ten second part, of Canada, to me, by the said party of the
:

money

m

delivery ol hand well and truly paid at or before the sealinf; and acknowledged, And these presents, the receipt whereof is hereby

aliened, rehave quit-claimed, given, granted, bargained, sold, conveyed and confirmed, and by these presents leased, en-feoffed, en-feeofl", convey and do give, grant, bargain, sell, alien, release,
his confirm unto the said party of the second part,
tors,

heirs,

execu-

administrators and

assigns,

and forever quit-claim, unto the

executors, administrators said party of the second part, his heirs, and Singular and assigns to his and their sole use forever ; All lo have {here describe the premises to be conveyed;) that certain the hereditaAND TO HOLD the Said premises, with all and singular thereunto belonging, unto the said

I

ments and appurtenances
:

party of the second part, his

heirs, executors, administrators

part, assigns, forever And I the said party of the first I will warcovenant with the said party of the second part, that premises, to the said party of the second part, rant the aforesaid assigns, and behoof, iorhis heirs, executors, administrators and claiming under me. ever; against the lawful claims of all persons

and do hereby

Witness whereof, I have hereunto set my hand and the day and year first above written. my "j Signed, Sealed and Delivered, I in presence of Charles Silver. Oliver H. Jones,
In
seal,

affixed

[Seal.]

Eben Town.

QUIT-CLAIM DEED,
the
:

(No.

3.)

Right of Dower. Resigning Know all Men by' these Presents That on this tenth day eight hundred and of May, in the year of our Lord one thousand
fifty-four,
, ,

in the District that Alonzo Ball, of the Town of first part; of the Province of Canada, sawyer, of the of the said party of the first part, of the Julia Ball, the wife of ot the second part ; and Jonas Simpson, of the City of
,

part. Whereas: Ihe said said Province, gentleman, of the third part, for and in consideration ol parties of the first and second of Canada, totneiii the sum of one hundred pounds, lawlul money

86

^y

WA.EEANTT DEED.

sell ahen release, en-feoff, convey and confirm th?said party of the third part, his heirs, executors, administrators and assigns, and forever quit-claim, unto the said party of he his heirs. executors administrators and assigns^o ^s and so e use forever all our, and each of our right interest estate, claim, and demand, both at law and infquitrks

granted, bargained sold, aliened, release^ en-feoffed conveyed and confirmed, and by these presents do give, crant bargain

whereof we do hereby acknowledge. Have qit-claimedVLd Tven

by the said party of the third part, in hand well and truly paid at or before the sealmg and delivery of these presents, the ieceiDt

S
tS

S£'
Zt
we Un

''"'^- °'' or tract ot knd'Sr rtmcrof' land and premises, '"' ^"^ ^^' ^^ ^^^^ irt:fn7arcel situate, lying, and bein'^rAere describe the premises to be conveyed;) To hav^ to hold the and singula; the hereditaments and ap ^^° belonging, to the said party of the third ht h part, h s heirs executors, administrators and assigns forever Subject nevertheless, to the reservations, limitations.' provisos and conditions, expressed in the original ^ant thereof from Crown And we the said parties of the " the first and second pa Do hereby covenant with the said party of the third part that we

Z

4

rulErthe'rlt' K

:

it:li)

executors, administrators and assigns ??"'"^' ^^^ ^^^^"1 <=l^i"^s of aU persons' persons of^r^'a claiming under us or either of us.

«J t?

I-P/'^'^

^''''^'

^''^^''''

In Witness whereof, the parties to these presents have here
Signed, Sealed and Delivered,
in presence

W. W.

of T. Smith.

H. Edmonson.

A. Ball, Julia Ball,
J.

Seal.

Seal.
Seal.

Simpson.

WARRANTY DEED,
Without Dower.

{Short Form.)

Mi.

man,„f«,e second

part,

W«..,

:

'r'thtaTdtarronhe

S
the

^ i':,':jS-"rS [here -.n,i.,ar that „.Ham n'"'"^''^'"" <k,,nplwn

""'' '''^'«-- fo'ever
:]

AuI'h'
above

To have and to ,io,.d

XBOAL TOBlfB AlTD tXW MAKITAL.

above granted and bargained premises, with the appurtenances heirs and assigns, thereof, unto the said party of the second part, his land to his and their own proper use and behoof, forever ; [if for
I the insert here, Subject to the reservations of the Crown :] And heirs, executors of the first part, do, for myself, and said party

my

and administrators, covenant with the said party of the second ensealing of these part, his heirs and assigns, that at and until the am well seized of the premises, as of a good and mdepresents, I to bargain and feasible estate in fee simple, and have good right and that the same sell the same, in manner and form aforesaid, And further, I do is free from all incumbrances whatsoever by these presents bind myself, and my heirs, to warrant and forever defend the above granted and bargained premises, unto the and assigns, said party of the second part, his heirs, executors against all claims and demands whatsoever. In Witness whereof, 1 have hereunto set my hand and affixed in the year of our Lord one day of my seal, this thousand eight hundred and fiftySigned, Sealed and Delivered," ISeal] Charles Waldo, in presence of [Seal] Oliver Sussex. Charles Scott, Peter Jones.
: ,

WARRANTY DEED.
That I, Wellington Nelson, District of , and , in the County of of the City of of the Province of Canada, merchant, of the first part of District of , and and Henry Piper, of the City of the said Province, merchant, of the second part, Whereas ; The the said party of the first part, hath for and in consideration of shillings, lawful money of Canada, to pounds sum of
:

Resigning the Right of Dower. Know ai,lMenby these Presents
,

,

said party of the second part, in hand well and truly paid, at or before the sealing and delivery of these presents ; the receipt whereof is hereby acknowledged. Hath given, granted,

him by the

bargained, sold, aliened, released, en-feoffed, conveyed and confirmed, and by these presents doth give, grant, bargain, sell alien, release, en-feofF, convey and confirm, unto the said party of the second part, his heirs, executors, administrators and assigns. All and Singular, that certain {here give description, if for land by bounds;) a certain tract of land situate, lying, and being in said contain sixty acres, by measure, Town of , warranted to (or containing sixty acres, more or less,) bounded on the South-

westerly side by the Queen's High-way, on the North-westerly in the , thence side by the dwelling, etc., and lands of rear by the River Thames, and on the South-easterly side by the buildings , with the Flowering Mills and lands of standing gg

3)^ED TO

THB ORATO Tavmc HAII-WAT COMPACT.
;)

rtanding thereon

being the same conveyed

to

me

by Allen

land insert Crown '\ Anri T ViVJ -i "»y«^'f and m7h"ei^do eovet^t'^^^ 1^'.^ ^"^P^^*' and with the said party of the second part, his heirs Ixecmors admuHstrators and asssigns. that lam lawfully seize? in fee I^m
here, Subject to reservat bns of the
''"^
;

Jis;rV:?'dtd' for the County ot deeds of Norfolk of said Provmce. office of registry at Simcoe, C. W.. vo -To HAVE ANu TO HotD the above granted premises. TogSr with In and singular the hereditaments, privileges ^nd rppurtrnances thereunto belonging, to the said party of the second heirs executors, administrators and assigns, forever (if for
trie

m fn

e% registry

^ T^'^

°' •^"-' '«"'•

-corded

'0^

pTrX

^T

c^'mbtt:

S, t^ to
right

n sell

*

and convey the same,

"S m P"";'"^ T ^

^^?^
In

theyL'reTe'fJomTit
first

' '*'®,^^'^ P^'**y

of t^e

manner

part have good aforesaid and that

right in
at the

administrators and assSn A^lfwa? premises, to the said par"y oTthe^eC ond part, his heirs, executors, administrators and assigns, and behoof, forever agamst the lawful claims and ; demandfof all nersons claiming under me. (if there are two or mZTantor^s S^anwr s say, claiming under us or either of us) In Witness whereof, I, the said party of the first part and Mary Nelson, my wife, in token of her relinauishmpnt nf kl?
rant

rZ and defend the'^"tors. 7,'^?''«'«f same

LT

Dower, have hereunto set our han^s Ld^",^^^^^^ same time and with the grantee
bereinbefore

named

this'

Signed, Sealed

m presence of
Henry

and Delivered.
) /

Wellington Nelson,

T

Jones,

^
I

Mary Nelson,
Henry
Piper.

'

Seal.

Seal.

Charles Snaith.

Seal.

DEED TO THE GRAND TRUNK RAIL-WAY COMPANr
Know
all

Me»

bv

thbm Presents That
:

I,

William Hall of

''

M

meGr3Tr,,„I,nir'^';^°°'y°''''''P'''™«. P^id tome by
the Canada, their successors and ^^ assigns forever «11 fLf^ tract or parcel of land situate [k^l^Zc^lle laldTihltTe having been selected and laid out bv the said rnmn.m, J?
oonfirm,

ul

JAZr&^:S^:^- ^ZplnTS
7
/

.11

Sins 'w.-xous

WeAa i

'^''' ^"^^^^^'^'"^ "iore\er, [/ic/c jelcusc oj '^n^°'^^ Dower ijant/.]

^"^

Witness

IiBOAIi

lOEMS

A.''

D LA-W MANTTAX.

Witness my Hand and
eight hundred and
fifty-

Seal, this

day of

one thousand

Signed, Sealed and Delivered, in presence of Wii.LiAM Jones, Peter Smith.

.

r

C
'

[Seal.] WiTXiAM Hall, [here name of wife in

case of Dower.]

[Seal]

DEED TO THE HAMILTON AND TORONTO
COMPANY.
Know
,
:

RAIL- WAY

L'll

4.1

all Men by these Presents That I, Charles Johnson, lawful do hereby in consideration of the sum of money of Canada, paid to me by the Hamilton and Toronto Railway Company, the receipt whereof is hereby acknowledged, Do grant, bargain, sell, convey and confirm, unto the said Hamilton and Toronto Rail-way Company, their successors and assigns, forever,
of
all

that certain tract or parcel of land situate
:

,

the

same

having been selected and laid out by the said Company for the purposes of their Rail-way To have and to hold the said land and premises, Together with the hereditaments and appurtenances thereto, to the said Hamilton and Toronto Rail- way Company
their successors

and

assigns, forever.

WiTNfcss my hand and Seal, this one thousand eight hundred and fiftySigned, Sealed and Delivered,
in presence of
v
(.

day of

,

Thomas Thain, W. H. Richmond.
'5!1

Charles Johnson.

[Seel]
^
'

V
''

'IttI

DEED TO A RAIL-WAY COMPANY.
Know

.(

all

Men

bv these Presents

:

Thatl,

,

of

,

{insert the

for any

wife also if she is to release her Dower, or do hereby, other reason to join in the conveyance,)

name of the

in consideration of the sum of me paid (or as the case may be)

lawful

money of Canada, to
Rail-way Com-

by the

pany, the receipt whereof is hereby acknowledged, Do grant, barRail-way Comgain, sell, convey and confirm, unto the said pany, their successors and assigns, forever: All that certain parhaving cel or tract of land situate (describe the land;) the same been selected and laid out by the said Company for the purpose

of their Rail-way: To have and hold the said land and premises, Together with the hereditaments and appurtenances thereto to Rail-way Company, their successors and assigns, the said
forever
;

(if there be

Dower

to be released add,)

wife) hereby release

my Dower

90

"and I, (name of on the aforesaid premises." Witness

W™« my
in

DEED FOB THE SITE OF A COMMON SCHOOL HOUSE, ETC.
(or our) hand (or hands) and seal (or seals.) this
'

Signet's^LedandDeHvteT'^'^'^^
presence of
)

Henry

Jouj, Abelb.
(Anairu,ir:j„in.)

loBiAs,
\
'

[SeaH
^

^

William Henderson.

Caroline C. Ahels

[5'ea/.]

sIJo'I^^tZT;/''''

Company may he Remstered un. on produc ion thereof, and proof of eJecution, iithoTanrmeZ ^" '^'^ ^^^^'- Re^istrTpeTsfl
'""'P-

N.

B—A Deed to a Railway

DEED FOR THE SITE OF A COMMON SCHOOL HOUSE AND TEACHER'S RESIDENCE.
This iNnENTuuE, made the our Lord one thousand dght of the Act to facilitate the
Jn fl,« County mthe r«,
'

Aav nf

^u

,-

hund'S fnd

c of

^ township
,

fn the Township of m thrTnl^r
III

^^«/^"^tees of School Section Number ]„ the County of ,
P^^^'

Conveyance of Real Proper tyrbetren (Town or City) of and Province of Canada, of the
,

'XtrlZfe

Ca„ada,„„w

^rs^rS^^^^^^ sum of cunsiueration 01 the ''T'

^^^---"
nniinrio

and

''

^h-*

^-

Io^.tA^i

"d r

S &r
:

paid by ,he Trustees of """''''"'' ""* "'''«"' 'o'^™'-'

Zm^ts^ZZZt
All
that paroir of

^M
the right to convey the said lands to the TrusteesVthe SecUon afbresaid And that the Trustees of the Schoolect on afore aW

nf f^

Scer^nTh'eTa??"" Qu lo"®.^^'*^
In

'''''' '''' '^"^^'

covenants with the Trustees ^^^^ h\"'" 1« such a stlnt° of the said lands, assurances o^^^^^^^^ as may be requisite.

— S
[Seal]

^'^ ^om^aS

Em'
have
]

Witness vvhereop, the said parties

to these presents

\M

Signed, Sealed and Delivered in presence of

James Hall, Lewis Davis.

Charles Jones. p.^er Rich, f Henry Burnham, J Gustavus Yates.
I

"^

Corporate
Seal.

)
j

Remarks.— 1.

I

must be msert^ed

If the grantor be

m

a married man,

his wife's

the deed, and this phrase

name

added

after

tl

word

M)ll«^titemi>*t " Mt">*r

-i-HrU--<^

MOAL fOBHI A»D LAW
word
2. * requisite :"

UAMVAL,
,

And

wife of the Baid

hereby

bars hrr dower

in the said lands.

When, however,

own

the peace, to declare veyance, appear before two justices of land intended to be that she has parted with her estate in the or on the part conveyed without any coercion or fear thereof by apand the certificates of such justices must of her husband; of Us execution. pear on the back of the conveyance the day The form of the certificate is as follows do «' . the undersigned Justices of the Peace for at , , day of , 18 that on this
;

right, she must, besides joining

in her the land has descended to the wife the conwith her husband

m

We

ti;

>

hereby certify presence of the within deed was duly executed in the grantors therein named; , one of the wife of by , at the said time and place, being exand that the to give her amined by us, apart from her husband, did appear m the depart with her estate in the lands mentioned consent to and without coercion or tear of said deed, freely and voluntarily, other person or coercion on the part of her husband, or of any
,
,

persons whatsoever."
t

tj

w

T

P

in a city, town, 3 If the deed be for the site of a school-house of school trustees for or incorporated village, the words, board of the words such city, town or village, should be inserted instead " Trustees of school section number," &cc., in the foregoing lorm. of the Act. the twenty-fourth and twenty-sixth sections

See

SHERIFF'S

DEED POLL.
\

Province of Canada. To ALL TO whom THESE PRESENTS SHALL COME Counties of son, Esquire, Sheriff of the United
:

I,

Hcnry John,

J.

t

n

send Greeting Whereas, under and by Virtue of a Writ of Fieri Facias, now County of issued out of the County Court, of the commanding me that one of the United Counties of should cause to of the Goods and chattels of Oliver Daniels, I pounds, which Thomas Russell and Peter Seventy-five
,

,

U'

^

m-^^
,*

«j)

be made Davis Hall, in the County Court of the County of , , had susrecovered against him for their damages, which they certain protained as well on the occasion of the not performing said Plaintiffs mises, lately made by the said Defendant, to the their suit in that as for their costs, charges by them about whereof the said Defendant was convicted as behalf expended, beiore the appears of Record, and that I should have that money Term, one day of , the , on Court at said thousand Q2
'

«',).:

IIIIBirr'g
""''

DKBO POU.
to render to the

,a!d ttTJ'T' '"««''•«'' \Vrit, Wr and I nn that day """f ' "™^'' said Court^''^ the said on returned to the at aforesaid that by Virtue oltho ..aid Writ of Fieri Facias to

PlaSrslfr'

i^Y^^ree;

U

L

1

W

•41

h

shillings, residue of the

could can to be any part thereof: which sa.d return I commanded tha of the Lands and Tenements in my County of the said Defendant. [ should cause to be made twenty-seven pounds fifteen

I had paid to the P in? attorney, and that the said Defendant had not any o "r goods or chattels ,n my County whereof

of i..d5 neiitll'n had paid to the hind «rd, the sum of twelve pounds fifteen shilL .ng«. being the rent due by the .said Defendant an.l the renmir il sum of forty.«everj poun.is five shillings,
^"'I'*"' «""''« ^^"'J

M

'''''^ "'""'^

me

chattels

m
'\

tiff's

hii

mm^

I

the residue of the
of

damages

J

By Vir ue

aforesaid or was further

damages aforesaid; and
,

that

I

should have
fifty-

firstly day oi
nrst
four,

'""

'^V"^ ''""^^i:*^ Term, one thousand

-^^--^^-J'

onZ

rendered to the said plaintiffs for the residue of the damages aforesaid together with the said writ, as by the said wS^f fen/mas reference Deing thereto had. will mire fully
large
in the

eight hundred and

of were seized and taken in execution , and having been duly advertized according to law, Were on the dav one thousand eight hundred and fifty-four, exoosed fo%nI^ n„^' to Charles Wells, for the su'm o^JorlTel fi^?^ shillings awful monev of the said Province. Ling the bes^pHce "c^ipuce that could bo obtained for the same. Now Know all men by these Pkesents : That I, Henky Johnson Esquire. Sheriff of the United Counties of

and at appear certam that the lands in the Township of County of one of the said United Counties

J

*dged

Vun^

'

'w fi\

ration of the

sum

money of Canada,
Wells of the

to

Town

the receipt whereof ,s hereby sold assiped transferred,
les

of forty-seven pounds five shillincs. lawful me in hand well and truly paid by Charies of ^ , , i„ the County of^ Esq

acknowledged. Have bargaS' and set-over and by these

nSS
Ai r Dan-

Wells, his heirs, executors, administrators and assigns and Singular the right, title and interest of the fer

S
'^^

erono"f?h"^*'P^V^^'""'"'^^^S«^«"'^'»

TenhCoS:

lesaid.

o:::^1ZLre...

J^"^^^
.\

terest or

cfaim

which the said Oliver Daniels atlheisslJ^ng of

mo

m


ffl» ^PMiP
)|;

mA

iii»>it>ij «wi»a;«<Miiaiu«ife^fe*«»

w

i«i

«»t«>»H»t««»i> .<

LBOA.L

rOEMS AND LAW

MANTJAIi.

the said Charles Wells, his the execution had in the same, unto tdeir administrators and assigns, and to his and heirs, executors, sole use, benefit and behoof, forever.
set my hand and affixed In Witness whereof, I have hereunto in the year of our day of seal of Office, this thousand eight hundred and fifty-tour. Lord one

my

Signed, Sealed and Delivered,^ I in presence of C WiLLARD Miles, Samuel Austin. J

Henry Johnson,
^'^^^W-

rc?-,^;! [Seal.-]

SHERIFF'S

DEED OF
of
:

SALE,

(C. E.)

Province of Canada. To ALL to whom these Presents shau. come
Esquire, Sheriff; of the
,

:

I,

Henry Johnson,
Provmce, of

in the

Canada, send Greeting the year of our , in day of Whereas, on the ^ certain ' hundred and fiftyuunurcu anu i*"^^tnousana eignt Lord one thousand eight QUEEN, was sued out of Writ of Execution of our Lady the QUE]
holding Civil Pleas in
^

the said

,

at

l/r.

sji

so seized into my An"d Whereas: I the said SherifF, having same to be taken the said in execution, did cause the hands, and according to Law, to be sold and adadvertized and published day ol on the iudsed to the highest bidder, at noon, of the clock in the the hour of at the being then and there put up to sale and the said become the purchaser thereof, being the usual manner price or sum of best and highest bidder, at and for the of Canada aforesaid: pounds, lawful money of the Province and to Now in order to convey the said {here give description;)and a^ heirs , purchase thereof to the said confirm the Know all Men by these Presents That I, the siens aforesaid, by virtue of the said said' Henry Johnson, Sheriff" as conand of my said Office, and for and Writ of Execution, to me in hand well and sideration of the said sum of before the execution hereof, . at or truly paid by the said do whereof I do hereby acknowledge, and therefore the receipt heirs and assigns, Have granted, acquit and discharge the said of the said Writ ot bargained, sold and conveyed, and by virtue is, and l these presents, do, as much as in me Execution, and convey to the said lawfully may grant, bargain, sell and hereinbefore mentioned, heirs and assigns, All the said being as aforesaid, and also all and singular situate, lying and i/^!*i- 5_.4. „^«. >,-^nr"*" /.lc»;m onH Hpmand whatsocver, .t

m

:

m

'

ts*

of

me

the said

Sheriff",

by virtue of the Writ of Execution

aforesaid.

94
li
,:,

I:

SHEBIIT's deed of
said, of, in

MASEHOID PEOPBETT,

HAVE AND TO

and to the same and every part and parcel thereof- Tn ' HOI.D all the Said in and by these presems ^argamed, sold and conveyed and every part andVrcel .Cof! with and every of the appurtenances, unto the said

\

Great and Ireland. Queen, Defender of the FaUh, and in the yea^^^^^^ our Lord one thousand eight hundred and fiftySigned, Sealed and Delivered, ] in presence of Henry Johnson, (Seal.) Horace Baker, f James Lagrange. Sheriff. J
I

seal of Office, this day of *^® ^'g'' of o"'' Sovereign Lady Victoria' I" ^^u r. by the Grace of God, of the United Kingdom of
y^.*'" ""^

'^"^^^^^^ behoof of t'rrd' x:^s ini and for no other use, intent or puTp^sTthS? '""'"' ""'^ '' In Witness whereof, I, the said Sheriff, have hereunto set niv
hand, and affixed

""'"'

SLT

my

^

£S

SHERIFF'S
At

DEED OF LEASEHOLD PROPERTY.

of James Boyd, vs. Peter Piper. Province of Canada. To ALL TO WHOM THESE Presents shall

the Suit

come:

I,

son. Esquire, Sheriff

case

may

be)

of the County or United Count"s send Greeting :—

Henry John

o^a, ^^^ mJ ^

Whereas, under and by virtue of a Writ nf bsued out of the County Jourt of the of day of April, one thousand, eight hundred, and

CW^

TrV^r,-

"'

v

hffilS;
me
Pe^r
fhree

directed

commanding me

fifty-four to

Rper

01

%d

pounds ten
for

goods and chattels of said County, and cause to be made the sum of
shillings, currency,

to seize the

his costs

about his defence

m a certain

which were awarded to and charges, by him laid out and expended
action of replevin lately

J™,
iP

bmS

Dova, wnereot the said Peter Piper, was convicted as aonear^ of ilecorc and that I should have the said sum of money o" ^he first day of June ' one h ^'i^T' ^^ , thousand eight hundred and fifty-four, to render the same^o fh! said James Boyd, for his costs^and charges With he said writ as by the writ oi Fieri Facias thereto had will more fully and at large appear certahJ T ..J2 hold premises, situate in the TownshipV^^ ,lThe c"„^„^^tr were seized and taken in Execution , and hTvSg been iulv advertized, according to law. were on the third day of June

Tem

Ee

aLesadtoltW

reSnceW

B

Z
I'n

::^rdt,:K^^^^^^^^ "-'" " /-."^
fU« i the said

'

County

7.

'^•V^> "J i"C
,

J.o\vnshipor

01

yeoman, for the sum of three pounis
ten

s

LBOkT,

rOEMB

AlTD

lAW MAJIUAi.

best price that could be obtainten shillings, currency, being the

""^nVk^TIv mkn

bv these Presents: That

I,

Henuv

under Countyof , SON, Esquire, Sheriff of the consideration of Fieri Facias and ^Sue o? the said, Writ of lawful money of Canada, the sum of three pounds ten shillings, James Boyd of hand, well and truly paid by thesaul to me, in ana , in the said, County of the Township of is hereby acknow edged Provinraforesaid. the receipt whereof do sell and assign Have sold and assigned, and by these presents, the Leasehold preright, title and interest, all and singular the being lot number eleven mises, situate in the Township of Township : Jo have and to sixth concession of the said in he HOLD the said premises, unto the said i^^%^^y^' benefit and behoof, to the assigns, and to his and their sole use, lease shall cease and end expiration, or end of said lease, which Lord day of December, in the year of our on the twenty-fourth fifty-four. one thousand eight hundred and ou^^jo- „„ Henry J^nson. Sheriff as In Witness whereof, I, the said and affixed my seal of aforesa'd have hereunto set my hand the year of our Lord one thouOflice, this third day of June, in

and by

W

m

,

,

m

,

^X^'\t±e

sand eight hundred and

fifty-four.

Signed, Sealed and Delivered, in presence of Lewis Tobias, Daniel Davu)son.

I

L
j

\

Henby

Johnson,

(Seal)

Sheriff.

J

Province of Canada.

County of to Wit:

,

\

\

<i

mA

Sheriff, hereinafter These Presents Witness: That I, the lawlul consideration of the sum of named, have for and in ol the , Province of Canada, to rne paid by

SHERIFFS DEED OF SALE FOR TAXES. ^ .^ ^

money of the

Sthe

being of the Province aforesaid. chier at Public Auction of the parcel or ^^^^l^^X^^ZZ. Assessment, under a Writ to n^^^ after mentioned, sold to PfY Henry Johnsok. to the law in that behalf 1, directed, according , or United Counties of <5hPriff of the County of and by these presents grant.barga.rj
,

the pur-

l^'t1a^r::^^r^o
sell,

unto the said
assigns,

.

and

All and Singulak.
and being

his heirs, °^^ ^^^f H^^"' «:lf™^"\','^^ of that certam parcel or tract
in the

laud, situate, lying

Township of

»

Xer^/To W ^d
*f
istrators

Province aforesaid. (A^re , and the County of bargaine^ have an^ to hold the premises, hereby belonging, unto and all benefit and advantage thereto sold, executors, admin, his hei«.
to the use of the said and assigns, forever.
»

IJ dtscnhe tM

96

*

'

sheriff's deed in pabtitiom-.

o/e thousand eight hundred and Signed, Sealed and Delivered,
in presence of
) {

'

'"

""y^^' "f "" I^«l

fifty.

John Soloman, Charles Bates.

Henry Johnson.

)

rSeall l^^e^H «', ^^''^^•

SHERIFF'S DEED IN PARTITION. By Order of Court.
Province! op Canada.

,•„ and °"® thousand hundrpd an/ nundreU and „ » a certain cause there Dendin? in the said Court, between Thomas Rich, Lewis Hall Phinnff^^ Abbott Cowan, Charles Daniels, jkmes

the United Counties of {eras the case may be,) held at the Town of for the said County, on the dav nf .1

decree, issued out of the Court of Chancery, or he County of now one of

made the dav of :« +1, ^" Lord one thousand eight hundr^ed and Henry Johnson, Esquire, Sheriff of the County of or United Counties, {as the case may be '?^ ) in the Proving ^r n of the first part; Ind Charles ^^^^^^ uLiln"^ the County of , and Province aforesaid, merchant of IhT second part, Whereas: In and by Virtue of a cTrtat o^er
of our
'

This Indenture,

IMi

fe^n

'

TZ^^yV'
CouSy

at

Court of

eignt eiffht

m

^

'

^' adjudged such separate parcels as hf hall most for the benefit of the said parties, according to he rules and practice of the said Court, and accordLg o the aw m such case, made and provided, All and Singula tha° cer tain piece or parcels of land premises mentionedrby

ea, inat e^'dl'hat

ttt sS^^^^^ do deem
tne said bheriff

"^'

''n sell in

^r

S.tfw^^^ ^ InYi'^r
he

'

PiaL

ai

ftL Town'o?'""' 1'nlh" said County of ^' me lown ot m the ^'^r'^^^ ^^T'
,

P^^lic luclrn',
after

enrolled that the said Sheriff
ficient

week's previous to the time and pllce "^ PublishedTn uounty ot and such other manner as required bv lawAnd tha the said Sheriff, after such sale, make a Return thereof to he said Court and after such return of sale sha! have duly confirmed, and the said order and decree shaU h!I! k

public

notice

mvm^

SntVtr'""an7ir''rTP^P^" m
;

ttei

Wn

execute and

Jauee'of he sa^ order and decree from said Court, and having given due time and place of sale, agreeably to th! and decree, Did, auu uecree. Liid. on thfi ,""..' Actvf^e '««» *u the day of ,one thousand eight 97 huiKwsd
notice of the

for fee simple, to the purchaser or purchasers thereof af^tht said sab, And Whereas: the said ShLiff iT^u

m ses, in

Deed or Deeds of Conveyance

a good "n^^^^^^^^ the said lands and ort

Sr

.

S"4"!

'

1

'I 'ii

Mi;

Citi»ajaia.a^..<:fViai

aa

if

.;iWifeai

r

W WWtiWM »A<i*iiM<«
i
i

LSQkL VOBVB AU» lAW UXSVAJt.
hundred and *'""^''
of at public Auction, at the Town , sell in the said order .aforesaid, the lands and premises heremalter descnbed, mentioned; at which sale the premises part for the sum to the said party of the second we?e being the best pnce ''pounds, lawful money of Canada, oi same; such sale having been rethat could be obtained for the said Court, and duly confirmed. ported by the said Sheriff to the

Sged

Henry Johnson. Now This Indenture W.tnesse-u That I the sa.d Province, Esquire. Sheriff of the County of decree of the said Court, for and in pursuance of the order and premises and sale, and also >" considerain consideration of the pounds, lawtul money of Canada, to tion of the sum of second wdl and truly p'aid. by the said party of the chant. hand mei , the County of , impt of the Citv of granied CreLrpt wh'ereof is hefeby ackno.;ledged. these presents, do giant, sold and conveyed, and by bargained, said party of the second part^ ba gain, sdl. and convey, unto the and assigns, forever. All that administrators
: .

m

Tin

m

«-«

his heirs, executors, certain (here give full description:)

To have and to hold all wjlh pfemises her^ein mentioned and descnbed. and^?ngular the conveyed, or.ntended so to be. all the appurtenances, hereby part, his heirs, executors, adunto the Said party of the second use. benefit to his and their own proper assigns,
ministrators and and behoof, forever.
.

In Witness whereof, I have -c .• .^-v^n J day of my seal of Offioe, this eight hundred and one thousand

hereunto set
,

m

my

the vtnur ni in tYta year of

hand and affixed our LiOra Lord

,

j

m^^A

Signed, Sealed and Delivered, in presence of John Richmond,

Hbnbt
!

Johkbow,

[Seal]

Sheriff.

Charles Steadman.

SHERIFF'S

DEED ON FORECLOSURE, AND SALE.

Pboviwce of Canada.
the year of day of . in This Indenture, made the Betweeo thousand eight hundred and our Loid one the United Counties ot Henry Johnson, Esquire, Sheriff of Samuel of Canada, of the first part } and , in the Province County of » Town of , in the Tobias, of the part, WfiEREAS. Province aforesaid, ahoemaker, of the second order iawied wt oJ ttie In and by Virtue of a certain decree and
,

^

Court, held at the City of

.

for said Cosaty,

W
^"
1

the • aforesaid, one of the United Counties of eight huwirad Wid my-ibur, , one thousand day of iJesn*^' cartaii cause Uiei» peuaing ib ins saiu ww««i,

m

in

a

^v'''*"*•

98

^"""^^ ^°»red by Mortgage. Plaltv }^' f n/''°, '"T . and Charles Astor. Defendant,
"^^

tiff

T^

it

by the said Court: That aU and singular the mortgaged premifes mentioned m the Plaintiff's complaint in
said

was ordered andldjudged

purchaser, or purchasers ol the said Mortgaged premises, or such par or parts as are to be sold: And to grant a good and suffi cent Deed or Deeds of Conveyance for thf same fANo where^" I the said Sheriff, in pursuance of the order and decree of th^ said Court, Did. on the said day of , in the year one thousand eight hundred and . sell at public auction at the «aid Court House in the Village of , the premises in h^ said order mentioned, due notice of the time and place of said •ale being first given, agreeably to the order from said Court at which sale the premises hereinafter described were adjudged of the second part, he being the i- ^'?'!''.T'*^"''' ^^fP^'^y highest bidder^ at and for the price or sum of pounds law ful money of Canada, being the best price that could be obVainS

sale be made on Court House in said County, at noon of that day tha of the time and place of such ^""^ P''^^^'^^ °^the said Court, and ?d^rry?l"°/''i^^^°"'''' that It shall be lawful for any o( the parties in said cause to become
;

thereof as will be sufficient to pay the plaintiff the principal, interest and costs, in said cause, knd which may be sold separately at public auction, without material injury to the parties interested, according to the course and practice of this Court, And under the direction of the said Sheriff, the parry of the first part That the said
the

decree descnbed, or so

much

c.use%nd

in

S

day of

at the

the houi- ot of the clock in the the said Sheriff give public notice

mm
t

',1

Now

This Indenture, Witnesseth: That

I.

jecand part his heirs, exequtors. administrators forever, All that pertain {hre gme Ascription;)
jfP

decree of the said Court and conlormuy to the law in such case made and provided and also lor and consideration of the premises, and for the said sum of pounds, lawful money of CanadL me in hand well and truly pa. J by the said party aforesaid to of the second nart, the receipt whereof is hereby acj^nowledged. liave granted bargained, sold and conveyed, and by these presents do gmnt: .bargain, sell, convey and confirm, unto the said party of the

Esquire. Sheriff, of the United Counties of Province, in pursuance of the order and

Henrv lohn^nn

VthJ^S

m

m

and assiga^

^d_s^n«M,kr, ,the right, title and interest of the Cbarles Astor, in the preii^ises. hereby conveyed, or intend «d so to be. «mo :tbe m\^ party ^f OiJ «econd^part. his Ijd^assigns, tQ hiP tkm pwi, proper use,\„d

HOLo

ail

To have

^d

!S

a,^;

mi
I,

TeJo^
nn«f
KlSjf

S.
M
' ' .

In WiTMBSB wBERsor,

90

tbB4»idShariff haja liereuntQ n^w oaf

I

.:'!,*'

ki'il

'

LBGAIi

FOKMS AWD LAW MASUAIi.

hand and

affixed

my

seal of Office, this

day of

,

in the

and year of our Lord one thousand eight hundred and DeUvered, Signed, Sealed Henry Johnson, f in presence of
-.

rc» [beal.-]

n

Nelsom Walton. TuADEUS Peters.

(

^'^enf.

* I'iV
•:

tedman, ' all x'rovince in the County of of of the Village of the sum ot six of Canada, merchant, for and in consideration Canada, to me in hundred and twenty pounds, lawful money of Oliver Walker, of the same place at or before hand paid by

Know

BILL OF SALE OF GOODS. Men by these Presents That I,'
: ,

»

.

;

the receipt whereof is the sealino and delivery of these presents, and delivered, and hereby acknowledged, Have bargained, sold, Oliver presents do bargain, sell and deliver, unto the said by these or refer Walker, (here insert the particulars of the goods sold ; Schedule annexed:) To have and to hold the said
to

I!

them in the heirs, executors, admingoods, unto the said Oliver Walker, his use and benefit ^trators and assigns, to his and their own proper Stedman, my heirs, executors, forever: And I, the said Alfred defend the said administrators and assigns, will warrant and heirs, execubargained goods, unto the said Oliver Walker, his from and against all personi tors, administrators and assigns,

f

whomsoever. these presents hav» In Witness whereof, the said parties to day of their hands and affixed their seals, this hereunto set in the year of our Lord one thousand eight hundred
,

and
Signed, Sealed and Delivered, in presence of
s

f

Horatio Wells, Lewis Sanderson.

( '

Alfred Stedman, Oliver Walker.

L^ea/.j

[SeaL]

ANOTHER
Know
the City

BILL OF SALE OF GOODS.
:

all

Men

by these Presents

That

I,

Henry

Piper, of

and

merchant, of
second part.

District of Montreal, of the Province of Canada, the first part ; and Stephen Hill, of the said City
the

of and District of Montreal, of said Province, merchant,

The said party of the first part for and of the sum of two hundred and twenty pounds in consideration hand paid, by ten shillings, lawful money of Canada, to him in
Whereas
:

sealing and the said party of the second part, at or before the presents, the receipt whereof is hereby acknowdelivery of these and by ihcse l«dfied. And have bargained, sold and delivered,

^

100

presentK

'

BILL OP BALE, OP OaOWlNG CHOP AND 8T0CK.
'""' ^"^ ^^"^«^' ""to the said party insert the particulars, or refer to the Schedule annexed:) To have and to hold the said goods, unto he sai.i party of the second part, his heirs, executor| ad^^ni^ trators and assigns, to his and their own proper use a^d benefit forever; And I, the said party of the first%art, for myself

Krt?° ^^'^^l ^T^^'"' Pj^W^f^ere
sLw
'^

/

"1

'ill

->L

'f,i#.ii

my

'^'"'"'^'"'"''^^"^ ^^^'g''^' ^^''l warrant and K bargained goods, unto the said party of the ifon^ part, h.s heirs, executors, second administrators and assigns, from '^"^iroin and against all persons whomsoever. In Witness whereof the said parties to these presents have hereunto set their hands and affixed their seals, this twelfth day
'• J LZd' th^ said the

M

i.i

and fiI;-four

^'^'

°"'' ^""'^

"""^

*^°"''"^

^'^^^^

^""^^^^

Signed, Sealed and Delivered, in presence of

)

Henry

Piper,

[Seal]

BILL OF SALE, OF
fho^T^*^ ""t^ '^c'' the Township of
°''
.

GROWING CROP AND STOCK.
Presents: That
I,

Charles Hall, of , of the Provmce of Canada, yeoman, of the first part ; for and in consideration '^^^^^ "^^"^>^ of Canada, to me in hand 111 and truly paid, by James ru'"^r' well Roberts, of the Village of in
i„ the

"'"''^^

County of

nn^

,

now in his possession, at the place last aforosaid: To h*ve and TO HOLD the said growing crops, and live stock hereinbefore described unto the said party of the second part, his heirs, execuors, administrators and assigns, forever And I, the said party of
:

^''^^'"^^ ^^'''^'^^^' merchant, of 'the ' l^nn^n second part, .V, receipt^"^u the whereof is hereby acknowledged Have bargained and sold and by these presents; do grant, bargain, tell and convey, unto the said party of the second part, his l?eirs executors, admin^trators and assigns, two ten .ore fields of Wheat hree acres o Oats now growing on the fa..n of (here describe the farm) Lot number in the seventh Concession of . in the Township of aforesaid, one Span of Grey Horses and three Cows, belonging to the said party of the first

^

,

part,

and

the first part,

and assigns
;

an and every person or persons wh«msofiv«r, nlHimin" unH- .,. —imin, und.. the
said party of the
first

the second part his heirs, executors," administrators and assigns, to warrant and defend the sale ofthe said growing crops Ind hve stock, hereby made, unto the s^iid party of the second part his heirs, executors, administrators and assigns, forever; against
part.

do for myself, my heirs, executors, administrators Covenant and Agree, to and with the said

party of
:

I

1

iijj

^
I,i(JAI, l^bTCiii

A#» 1A#

VkifVJLh.
first

day of hereunto set his hand and affixed his seal, this and n the year of our Lord one thousand eight hundred
Signed, Sealed and Delivered, in presence of
CiilABLEB

Iw Witness wiiebeop,

the said party of the

part hath

Hall.

[Seal]

Edward Holmes,
Peter Lines.

\

COMMON FORM TO SECURE A NOTE.
A

Resigning the Right of Dower. Know all Men by these Presents That I, Styles HolnieS, of of Canada, the City and District of Montreal, of the Province Town of Chattrader, of the first part and James Hall, of the lumber ham, in the District of Montreal, and Province aforesaid, of the merchant, of the second part. Whereas: The said party of the sum of first part, hath, for and in consideration well and truly pounds, lawful money of Canada, to him in hand presents, the paid, at or before the sealing and delivery of these hereby giv^ receipt whereof is hereby acknowledged, And doth and confirm, unto the said parly of the second grant, sell, convey as^igl1S, his warepart, his heirs, executors, administrators and
:

;

house, situate in

,

described as follows, {describe the preto the

mises:) To HAVE AND TO HOLD the aforegrauted premises
;

administrators said party of the second part, his heirs, executors, and assigns, to his and" their use, and behoof, i'orever And he himself, his heirs, the said party of the first part, does hereby for with the said executors, administrators and assigns. Covenant administrators and party of the second part, his heirs^ executors, of the aforeassigns, that he is lawfully sezied in fee simple, "granted premises, that they are fi*ee from all incumbrances, and to the said •that he hath good right fb sell and convey the same, executors, party of the second part And that he and his heirs, administrators and assigns, will warrant and defend the said executors premises, to the said party of the second part, his heirs, clnims of administrators and assigns, forever; against the lawful if the said party of the all persons: Provided, nevertheless, that assigns, shall part, or his heirs, executors, administrators, or
;

first

heirs, well and truly pay, to the said party of the second part, his pounds, executors, administrators or assigns, the sum of hereof, lawful money with interest, in one year from the date even date then this deed as also a certain note of hand, bearing first part, to ^ith these presents, given by the said party of the the sum at the time aforesaid, shall both be void ; otherwise pay

the same shall remain in

full

force and virtue.

In Witness whereof, the said parties ther with Anna Holmes, the wiiie of the

to these presents toge-

said party
part,

102

MOETOAOB BY qVlT-OtnU, AS OOtLAtBBAL aEOUBITT,
part,

JJTO.

joins the said parties to this deed fur the purpose of rehnqu.sh.ng her right of Dower in the premises, foV the sum of five sh.lhngs, to her in hand paid, by the said party of tte
i^^^^^^^ ^'^' '^ """^ ^^''^ ""^ thousand eight hund?i;i and fi^foun Signed, Sealed and Delivered, * „ x Styles Holmes, in presence of ) [Seall ^^^^ Holmes, Peter Sloan, Ks'ea/.] ( James Hall. SrapHEN Hiij« ) [Sealj

who

;:::2s^efrd

nrMar

r ^^P/^^

N.B.-For Canada West say County,

(instead of District.)

MORTGAGE BY QUIT-CLAIM. AS COLLATERAL SECURITY FOR A NOTE. Know all Men by these Presevt^ That T <2f„i«o u i-» the City of Toronto, in the Cor/Vf Sl^ftKtS' of

i r.u genJeman of the second
'
1

Town

of

'

'•

^«^'« «'" J«"««. "^ the 'ft ^r' ^""'"'cVi^ '" ^^^, ^°""'y °^ ^"tario, of the said Province
part.

Whereas:

I.

first

part, have, for

and

the said part^of the

pi
%'

in consideration

pounds
truly paid,

of the

sum of

hereby acknowledged. I the said ^art^ of the fir? part, Do hereby grant, sell, and quit-claim, unto the^saW party of the second pa.t, his heirs, executors,
,s

whe..eof

lawful money, to me in hand well and by the said parly of the second part, the rece^

shillings

i*

and defend the said granted premises, to the said party second part, his he.rs, executors, administrators and ass gns forever; agamst the lawful claims and demands of all pe son^

claiiri and demand, in and unto a dwe fni' and out bu.ldmgs. being situate in describfd and bounded as follows, viz.: (Ae,°e describe them;) To have and TO HOLi. the same to the said party of the second part his helm executors, administrators and Wgns. to his andlei, use aS behoof; forever; and I do hereby further covenant to

al

my

right, title,

administrators and

aSns

house,

lot

,

warrant

ofX

£"JLa^ that
lesd,

i/ if

I

admmis rators or
assigns, the
terest,

^«'g"« P-v,DED, nefer the! Uh r^'f the said party ^fl first part, of the or my heirs,
'

"^^

^"^

=

executors

assigns, shall well

S'Jf"""''^^^'''^'' sum ot pounds

heirs, executors.

and truly pay o^he aid L'Lifni^ratorst
shillings, lawful

money

thereon semi-annually, then this deed, as also a certain note of hand bearing even date herewith, given by me the

Sd

zv:^-'/'''^''''
C^n^H
yfrtue

'''' '"terest, at the times aforesaid, shalf both '^'i'^'".'^"^ °'^^'"^''''' ^^^ «^™« «^a" 'e^ain in full force and

''''

part^ofthrsLZdpLro

^^8

Lr

.-^Hy-^*&,^ii^iaim»M^'v4*''^^>'M^^mSm^

In Witness whereof, the said parties to these presents have day set their hands and affixed their seals, this twelith of May, in the year of our Lord one thousand eight hundred

hereunto

and

fitty-four.
<.

Signed, Sealed and Delivered, in presence of

( C

Styles Holmes,
L. H. Jones.

[SealA
[Seal.]

H.
'!•!

Piper,

Stephen Hill.

ACKNOWLEDGMEKT OF DEBT SECURED BY
MORTGAGE,
Know all Men of the Town of
,

{Short Form.)
:

Pi

That 1, Charles Richards, of the ProCounty of vince of Canada, yeoman, Hereby acknowledge myself to be justly and truly indebted to William Richmond, of the Village of said Province, merchant, in the County of of shillings, currency, pounds in the lawful sum of
by these Presents
in the
,
,

,

payable, [here state the term or terms of payment:] ..nd for the better securing the payment vf the same, I do hereby Mortgage all that certain piece parcel or lot of Land, situate, lying in in the County of and being in the Town of said Province, {here describe the property by bounds ;) Together
,

,

'

^.:-4

with all and every, the houses, buildings, and appurtenances thereon, or thereunto belonging, {as the case may be,) unto the said William Richmond, his heirs, executors, administrators and assigns To be held by them as security ; until the payments as aloresaid, with the interest, costs and charges, {if any,) are fully paid: Then this Mortgage shall be void; otherwise to remain in full force and virtue.
:

my

I have hereunto set my hand and affixed in the year of our Lord one day of . thousand eight hundred and Signed, Sealed and Delivered,

In Witness whereof,
seal, this tenth

,

in presence of

Henby Anderson,
Daniel Good.

Charles Richards.

[Seal]

ACKNOWLEDGMENT OF DEBT, SECURED BY
MORTGAGE.
Mortgage with power of
the of
sale.
:

That I, Roger French, of and District County of of the Province of Canada, merchant. Do Hereby acknowledge myself to be justly and truly indebted to Oliver

Know all Men Town of

by these Presents
,

in the

Smith, of the City of Montreal, in said Province, grocer, in the pounds, currency, payable {here describe the lawful sum of terms of vavment :) and for the better securing the payment of
"

^

104'

the

1*

ACKyoWLEDQMEKT OP DEBT, SEOCBKD DT MonTGAaU.
"" >^-^ --tain piece.parce orlo of laml.lying SeVrpaUl^TL^^^^^ and being in the Village of ""*y "^ a"d District of ' of th« sa.d IVovinco, the «ni containing by admeasurement
1

I'j

be'incr

E

P oner V of

'

.5

'^1/'' '^"J''''^'

''

'^" '"^^ '^""'^» ^'y

^^e

Vt'he Dwelling'LriaYdro?^

"^^

^'^'1
,

.h'^V'^

longmg, (or as ondn^

Zt ^L
rTt
-r

appurtena^ices thereon, or thereunto bethe case may be,) free of all inciunbrances To

i''N.f

'^^

^secuW^v
fnllnw«

^^/••«',«^««"t"rs. administrators

and assigns.
is

H.1

T. !

f

^"f

Condition of the above Morttra-e

as

Koger r.ench

his heirs, executors, administrators, or assigns at

force

abatement, tfrtJ^ Sortra^:l!!l"b'^"%'^^'S'^ "i^^^"^ ^"^ ^^^^''^'^^ ^« ''^'^ain in full and vh-t hp T" ?^ i"^^'^'
i

iey'sSTr' Axn it ustly due: a'
neyso
shall Sal

^^^^"^^••s. administrators and as' . fill now ^l""''^"^*'°'''^>' *^ '«" '^^ ^''"'•««'"d lands and premises or a sufficient portion J-""! of the same to satisfy all the afo esaid payments, or the balance that may be due i^etl e? With all interest, costs and charges that have accrued or mav non-payment of the aforeS rui^oV

sisn.

oTf

is

iiereby further

AouEEn

S

that

there

'^"^'^^ ^^'^^ t''« time the k "ayment hav^fl"' have become due and un-paid. after which by JivinTat
^'^''/''

/%.

P^«^-- '- suchlali'^the ZZe?7ZT'''', 'l^f'h representatives, the Jaid ^'' ''^^' nonce also to LT. \''V-'' ice be inserted in a newspaper published the nearest to

So

where the property

is situate,

at least foSr insertions vvUhin the

s;
tTve

mav seUhetli

^Stl:The'^?T••^^f ^""'^^^
;

-^^'-^^^^^^^^
""'

P'""!*

^'^ '•^^al representa-

F™.scs,

m

iee s mple, with all the asual

covenant unto the

in

presence of

William Wbight John Ball.
105

RoGEB Fhench,

ISeal.J

'"

-j-M/m^^ K.^m^^imm**' .^^'-

•LtOkt

fOnUS AHD law

WAWtJAti.

MORTGAGE DEED TO SECURE A NOTE.
day of Tina Inukn ruRP. made the one thousand eight hundred and our Lord
.

in tho
,

year of
.

hoUveen

Adam
o and

V^

in the County o Town of o( the .r«t part; Vovi .ce of Canada, general merchant. llanibal Slebins. of the City of the second part, of said Province, merchant, of party of the first part fur and in WiTNNssETii That the 8nid

Z

Jones, of the

,

^iVKoZLr

:

coSeration
Canada,

of the

sum

of'

the receipt whereof is hereby confirm, unto the said party crant bargain, sell, convey and rator, to'his heirs, executors adm.n.s ,1.; seco^ndfart. and ff descnplion;) liiw ConAll that certain {here give and assigns, to secure the payment of* VEVANCG is ...tended as a Mortgage now held by the sa d party of the second part,

T"''\''^'r. ird^DoA acknowledged. Do h

5fj
1
•»;

promissary note, pounds, tor the sum ol given by the party of the first part .and day of dated this lawful money of Canada, two years from the date payable to Hanibal Stebins, or order, the amount ol the said note and thereof, with interest; and if bematurity, then this mortgage shall interest, shall be paid at granted shall cease and come void; an.l the estate herebv the pay men stall be made forTver d t^rmine But if default thereof; at or the interest, or any part of tie said sum of money, Ihe for the payment thereot the time hereinbefore specified doth hereby authorize, of the first part, in such case, said part, his power to the said party of the second

m

;

;

Zty

Ind i ve

full

assigns, to sell Seirs^executorJ. administrators and auction, and give a good and siranted premises at public herebv the same to the purchaser i„ suflicient deed of conveyance ol covenants, and out ot the fee simple with all the necessary the principal and inarising from such sale, to retain money with be due on the said note, together terest which shall then overplus, (if any.) to be F>d to the the all costs and charges, and heirs, executor., administratori said party of the first part, his or assigns, on demand. party of the first part has hereIn Witness w.iereop, the said his seal, the day and year first affixed

the

said

unto set his hand and above written. Signed, Sealed and Delivered,
in

presence of

^

Adam

Jones.

\Seal]

Ehen Walker, Lorenzo Hinds.

!

MORTGAGE DEED TO SECURE ENDORSER.
day of This Indent, re, made the and our Lord one thousand eight hundred ^" jQQ
,
,

in the year of

between John Richmond,

:

MORTOACW

DIJED TO SEdOltg BtTWOnilRB.

Richmond, of the Village of , in the County of of the Provu.ce of Canada, mill-vvrighf, of ,he pirf and Harrison .lom'H, of the Citv of '."" ,, in n.«r 1

Ut

determine be made by the said party of the pa m the payment of the said sum of money, or in^terest, or any part thereof, at the time hereinbefore specih^d, thereby the said party ot the second part responsible, m.d the same bl paid by or collected of the party of the second part, then tln'S conveyance shall remain in full force and vl tue and the par y of the first part. Doth hereby authorize an empower he

Bu

'of th; first part is ndt if the of "he interest, shall be paid at maturity by the said party of he hrst part: Thev this conveyance shal be void, and the real estate hereby granted shall cease and utterly
able to

the second par prmcpahinteresr, costs, charges and expenses, which he be compelled to pay; in case the party

n of Doth grant bariai^ and con/um. unto the said party of thi sec..ncf,' rt'. and hishe.rs. executor., and assigns. All and singular' thacertan {here ^coe description ;) Wu...... the said party of he sec.nd part. At the m,uest. and for the benefit of the ^aid party of the hrst part, Hath, on the day of the date hereof, endorsid a ce taij promissory note .nade by the said party of the first parr? "r the '"?"•'• ^^^''"^ ^^'^^ d'»f«' herewith, and payable liv month s r .v.. na after date, to the order of Henry Baring & .Sons aJ their office, m tiie City of Tn.a Con vkvanck Ts inSed as secun ty. to secure the said party of
j-e
1

aforesaid, .entleo.nn. Lcon.l p «a.d party of tt.e lirst, part, for and in^on^ideratiro the pounds, lavvlul money of Canada,

ofl"

,;'^Zr:. Th^'r

S

.

S

the

maJ

pay
e.

the said note, at maturity

;

said

no

and

Ld

amoC

,n

case dolUult

shall

.

S

makS

sS

public aucan, convey and confirm the same to the purcCe 'by a good and sulhc.ent deed or deeds, of conveyance in ^e same, in lee simple, and out of the money arising
tion

LSs' totlftlle"' 'T ^^^-T -r'^"'^^«' administfatrJand o sell the said premises hereby granted, at
assigns,

theKo?
from such
iir

ft

sale to retain the

amount

he said party of the ogether with a costs, charges and expenses, and th? overls ^any to be paid to the said party of the first part, his heirs, ei! ecutors, adminstrators, or assigns, on demand
I

that has been paid or collected from second part, as hereinbefore mentioned

Jo

s^t'''hiTirT"'"r

said party of the
*5L'

first

part has here-

I

Signed, Sealed
in

and Delivered,

presence of
Samei/l. Shaw, John Riddel.

John Richmond.

[Seai.]

107

ijWP*'

-iM

X

H!'-:

..

LEOAIi

rOBMS A»D LAW MANUAL.

MORTGAGE DEED TO A CORPORATION.
,

day of This Indenture, made the of our Lord one thousand eight hundred and

in the year
,

between

the County of , in Napier, of the City of of the Province of Canada, merchant, of the , Commonality, of the first part ; and the Mayor, Aldermen and and Province aforesaid, {or the City of , in the County Reeve and Council, of the &c., or as the case may be,) of the part, second part, Witnesseth : That the said party of the first pounds, lawlul for and in consideration of the sum of money of Canada, to him in hand paid by the said party of the Hath second part, the receipt v»rhereof is hereby acknowledged. and congranted, bargained, sold, aliened, released, conveyed alien, refirmed, and by these presents doth grant, bargain, sell, and confirm, all and singular the premises herein-

Andrew

lease,

convey

i

11
Sl't

their sucafter described, unto the said party of the second part, full decessors and assigns, forever, All that certain {here give and apscription;) Together with the tenements, hereditaments purtenances, thereunto belonging, or in anywise appertaining; and also, all the estate, right, title, interest, property, possession, demand, whatsoever, of the said party of the first

claim and

part, of, in

and to the same a.id the reversion and reversions, lo remainder and remainders, rents, issues, and profits thereof: HAVE AND TO HOLD the premises hereinbefore granted, with the appurtenances, unto the said party of the second part, their sucbehoof, cessors and assigns, to their proper use, benefit and to secure forever This conveyance is intended as a Mortgage, pounds, lawlul money of the payment of the sum of
;
:

Canada, in manner following, to Wit {here state the terms of payment;) according to the condition of the bond bearing even to the date herewith, executed by the said party of the first part, presents party of the second part, with the condition that these case may be,) shall be void if such payment (or payments, as the
:

Ij
'

1

be made

But if default shall be made in the payment of the the party principal or interest aforesaid, as above provided, then emthe second part, their successors and assigns, are hereby of
:

powered
F.

all and every to sell the premises above described, with manner preof the appurtenances, or any part thereof, in the such sale, to scribed by law ; and out of the money arising from costs and retain the said principal and interest, together with the to be charges of making such sale. And the overplus, if any, ot the paid over by the party making the sale, to the said party And the said first part, his heirs, or assigns, on demand to and party of the first part, Doth Covenant, promise and Agree, and the said party of the second part, their successors with of the first part, shall and will, assigns, that he, the said party their weif and truly piiy to the said party of the second part,
:

108

successors

4

MOETGAGE DEED TO BXEOUTOEa

Signed, Sealed and Delivered '" ' in presence of )

Parkin Hinds,

r
)

Awdebw

Napier.

Henry Dole.

[Seal

1

''^'»S

'ill

MORTGAGE DEED TO EXECUTORS
Oliver

ourYordTe'rh^'utn'd Brown,

o?rtSpo"f'"'

tVt 7'"!'

'/^ '^i^^' ^'^^

''^^ '" >-- of ^^-[-'W-tween

aforesaid,

executors of fhp'

L

-If"^

^^""ty. and Provfnce

theensealin/and deHverv

KL;

^ '^^''"^

P^'"''

^^

^.^

before

/Is.

taming, and the rpvpr«mn o«^ remainders, rents iiues and -tate, right. tfueint^S

m anjwise apperl^LlT^'T' ''"^^'^der and "4^"
'S'^s-' ."^
»,«

whatsoever, as well in
fl^^t

kw

P

in "« ""^f

1^" ^^ '^ostS^^'cS a'^?demand ®**^'""' claim and

py

pa«,

„/. i„

aTd^:,^L7,a"

"aXT;;f ,t,»;!

P""^ °f "•'

of the ..c''o„u

p:iThL\

';viZ''rrSs"r

t f' r*hi.
:

[i

and

this

ConvevanceVh^llVi^jr/-?'.^ "^^^^
109
'

^"-^^""^

Part;
truly
P-i'i

""^'^

payment be well and

*''».

r

,1

party of the first P?;*;truly made: And the said f^j-^^'l^lf^f'J^J covenant ana administrators and assigns Doth heirs executors, or the party of the second part, a^re; to pay unto the said the sa.d sum ot njoney, orsur "ivors, his or their assigns, the mentioned, and as efP^e^sed and nterest, as hereinbefore And it is hereby lurtl.er agreed that condi" on of the said Bond ; of money he payment of the said sum ?f de ault shall be made in that rnay grow due mentioned, or the interest fore then, and from thenceforth. or of any part thereof, that party of the second part the ? Iha 'be lawlul^tbr the said upon assigns, to ^ter into and survivor or survivor., his .^r their intended so to premises hereby granted, or singular, the pprdispose of the same, or any be whh Ibll power to sell and equity ol redemption • and all right, title, benefit and tion^hereof admimspart, his heirs, executors, of the said par"y of the fir.t sale, public auction, or by private therein, at ?rH OPS or the survivor or survivors.
;

Xivor

m

and

P

lis
Eeon

Xnd

nrsadrar'ronhe

aS

being cc

second

part,

S^s'or

describing the P---y^aj^t^whei-ein the'pro'perty is si«-te. or his neii^_ the partv of the first pdrt for sale, and notifying maVe and deliver to the Purchaser to or execitors, of the same,

month's notice given in a

Fovuhng tS Sg'ns. may think 'advisablepublished m newspaper
;

th^^^^^^^^

the uouuiy

gooda^d : purchLer's thereof; a ^-^?;^-^J''J'J^^^^^^ cove with the necessary rnnvpvince in the law, for the same, reta.n thj arising from such sale to uanL- Ind oLt of the money due on the said bond interest which shall be then mrnciDarand the co^^s a^^^^^^^ case may be) together with

lllZfia^ihe

premises, rendering he ovepof advertizing and sale of the said the said party of the purchase money (if any) unt« plus of he executors, ladministrators, or a«^'g';«; -^"^^ grs par hi? heirs, ^ar Jo^^ver, both^ be made, shall be a perpetual of the first part, lus neirs, a^^ainst the said party

,LZ
And

n^^
im

JxtutoXaJi^ntUors and isigk

in eauitv,

and

all

an

ever^^^^^^^^

ft

fs <>r anj or to claim, the said person or persons claiming, them or any ot them , by, from or under, him, Kart thereof, to keep the said premi^ mrtv of the first part hereby agrees policy anj tha^t he will assign the lo s brfire. and of the second part, his heiifi. thereof, to the said party aligns, without delay. executors, administrators «r has her^ the said party of the first P^^^ In Witness wi,eri^f. y«ar first ^bow day ^\. set hTs^nd and affi^e^ M-

F^^

S msurKa^Bt
SSca?e

^o

i^

m^

wxitten.

Signed, Sealed and Delivered, in presence of

N10HOLA8 Hrkdbsboh.

Quyffi BrPJitn.

[^0

II

110

v

MOETOA.OE BEBB ,„» Pabt oI rOICJU.,

MOMT.
'

MORTGAGR DEED FOU PART OF PURCHASE MONEY 1 Indenture,
derStone.ofthoTownshinof
1118 made the dav of Lord one thousand eight hundred and

i^tu^

r

^ and Prov nee of Canada, farmer fl' V"""'^ Jones, of the City of i^'ul ?f ^, ^"^^ P^^^' ^"d Caleb

^

J1

.u

Zl ^^'^l f""""' .between Alexan'

"*"

^e

ince aforesaid, l/nd agent, sajd party of the first

o^h^tSd pIr;;V.N.s:;t
part, for

sum of
gain, sell

and^in

pounds, lawful money of Canada, Doth era" and conhrm. unto the said party of the second

conSS ofThI; he
t

nnlvr

bar

tt?orpreT:;f?':rT^^^^
of Canada, c'ontaining

b^le^aSe^n't

'a'ci;.

s^oHr

i^s this day conveyedToTet^ifAlexande';^ Charles Jones, and Susan Tonps hi*. »,if^ „ i * ^

'

"^ ^"^ saia

'VU
And FURrHER This Conveyance is only intended as a Mort" 1' ^secure the paymentof the sum of ^ poundsjawful mo^f of Canada, m years from the day of the date o?The e n el^ '"''•'''•'' ^^^ default shall be r^^drfn tfte payment of the r;a"vment"o?r P"^ l" principal, or interest, as above provided then
premises above dS^ril^f wirhllW^""^^y °f ^he appurtenances, or anv oart ^" ^^ ^ the manner prescribed by law and out ofVh« r,^ from such sale, ?o retain t and teresrT<j:

«"»Po^ered to

sell

the

^S
In

ti^l^thereof, in

r

J^i^f

%M
Witness Whereop,
I.

the said party of the

first

nart hatr«

Signed, Sealed

and Delivered,

Thomas

Uajub.

MORTGAGE DEED BY HUSBAND AND WIFE.
m/A /nsMr<iBc« a^«iw« Fire fianse.
*r

Wd one .ho«gir. h„„drK3

'.{."o.teKh'?
Russell,
'

i'

U.'l

.

iEQAI.

rOEMB AND LAW MANrAl.

Itii'

in , his wife, of the Town of Russell and Adelaide Russell Canada, confectioner, of of the Province of S.! rounTof in the , of the City of first^art ; and c'harlcB Wright, part. Province, merchant, of the second , of said Countv o^part, for and ,n cons.dThat the party of the first Canada, to pounds, lawful money of prnTion of he sum of whereof is hereby acknowledged. TrnTn hand ;a d, the receipt K^ainld. sold, aliened,released co^^^^^^^^^

Z

,

W^sETH
Slv.

:

sell, alien, re'«^.='*'», ^V^^^J' ^-^h^-^^^^^^^^^^ of the second Confirm unJthe said party P-J' All that certain (nere administrators and assigns, forever, tors teneall and singular the description ) Together, with appurtenances, thereunto belonging

and bv these presents do bargam,

J*"

ments SitamLts and title, interalso all theestate right orTn anywise appertaining; possession clnim and derUrht of dower, property, est Dower or
said party fn 'nd wTiat^oev.^, of the

^Z

of the

first

part,

of, in

arul to.

i

remainder and rethesame r^d Ihe reversion and the s-^me anui thereof: To have an» to appurtenan hT^dnbefor'e described, with the t second part, his heirs, executors, of the c^s un o the said party and their own proper use, benSministr loife .md^ssigns, to his adminisiu ors as a . f This Conveyance is intended pounds, law^he sum of o^ M^t'sat to s^^^^^^^^^ from the day of the date of thi, of Canada, in six years payable annually, according to the omwevance with interest, hereobligation, bearing even date
'reversions

To

V'nLs

.

Kmey
S^^th

SSon ora ce
'm'ade

tain bond, or

M

executed by tie said John n:,fmrt and these presents

Russell, to the said party of the
shall

^BuV in c party hereinbefore provided, then the JKe tincipal or interest, as and asheirs, executors, administrators of the seTond part, his described, sell the premisesabove .re hereby empowered to or any part thereof, in every of the appurtenances, and money arising from rrrmnner prescribed by law, and out of the and interest. Together with vTlT to retain the said principal m^king'the sale; and if there is any

be void if such payment he be made in the payment of e deSult shall

Ins

S'al

r el -d
TUd

:
^H

i

MM
I'V
^
-

of to the the party making such s^^le, overplus it shall be paid by And assigns, on demand heirs or nirtv of the first part; their executors and adminRussell, for himself his heirs, jS.n Agree to pay unto the said ,,arty stra'orsDotl Covenant a^^d assigns, executors, administrators or of the icond part, his heirs, money and interest ?he afmiJ^kirumof And it is said bond the -jr^^^^^^^V^t^l^ «nH as exDiessed in the condition of the parties to these presrnnrnrR AGREED bv and bctwecn keep the premmrlv of the first part shall aAd will ""T and that he will assign the po . firef rs^es^l <^ second Hart. to the said party of the ojf, dn" ^ cy and certiffcate thereolf _• :„4._„«„,„ „y aauicrns - and in caseot 06i . o-^ ^
.

W
112

Zt

raS tCby

adiuiuMvfttiO.=,or his heirs, execuiors,

^

.

^^^^^^^^H ^^^^^^^^K

«

^^^^H I^^^H

i
"^

^Hi ^R^HI

^

UOBXaAOE

BfiKI).

the same, shall b^a Jien on?h«T ^i P'^™'"'"'' P^''^ for effecting "^ mortgaged premises, added to the amoun of the said Bnn7 ""'^ ^' obligation, and secured by these presents.

In Witness whereof, the said narfip.. nf *u^ c . ^''st part have hereunto set their hands andRfflvKS*^® affixed their seals, the day and year first above written
Signed, Sealed

and Delivered,
'

in presence of

) [
>

Lewis Hammom, John Henev rTch.hds.

t John n Russell.

'^""''"'^ ^"^««^^-

M

[Seal.]

MORTGAGE DEED.
Of Premises
iHis Indenture,
to be kept

Insured against Fire.

the dav of of our Lord one thousand eight hundred """^'^e^ Hartman, of the City of
0? the

made

*i-

,

k'/" T.*^ between John

^^

Witnesseth:: S^'^' ^"^ '» consideration Canada, well and trulv naid hv f ho PP""^^' lawful money of
of

That the said party of tl^^firsfnt. P^'^'
the

of Cana^da. carpent"? first part; and Henrv ^^i?""''^ Province^foresaid WacksS^ofTil "' °^'^'^ '^'^ ^'^^^ ^^^

/^"^

sum

of

^°j"

Doth grant.

bargafHrand

second part, and to his assigns, hi that ?Aere and singular the

Lnfi^^^^^^^^^
'

-cond'part.
^'^^^ ^^'"^

hP.vV 2^

^

P^'''y o^ the

hereSm!!/

^L f^ rfS^°"'^ ^^"^'"'^^^^^^^^ and 7 ^S Together with
all

intended as a Morteaffe to

s^nrprK

°'

i'

Conveyance
^^^^

f?

is

poimds,

ffif IneH? C

nL^y'^^"!,^
'"i^"^"

tliedayofthldaeofthLpresenl^w^^^^

«""» of ^'^^^ ^^^»«

ing to the condition '"i^'"'*'*'^°°'-d. maybe,) dated this day and execute^T; tt'l^r^.^"^'^^ '"'' to the said party of the second n«i V.u ^^'^ •^°^" Hartman,. void if such%yre„t be '^^f P^l^^^^ ^^^" »>« ?^'^ "^^^^"^'^ ^'^^'^ ^e made in the payment of the oHnrLl «« above provided. then th^ep^of thH^^^^^^^^

ofTcSn Cf T«

Se-Cin'^ ^
^ '^

trators an'd

above described, with all and Pv!.iv part thereof in the mnni. I

as^s. arrh:lrempj^^^^^^^^^

^^"^'"-

^'^ *"® premises appurtenances, or any

LneyrecdV dfr^msueh
interest,

r^^

«"'

o^he
and

together with In fhpni'/

f^u" ^^® "^'^

principal

andifthireTsan^ov^^^^^^^^^^
sale,

to the party
.

of ^^^

tJ^S ^ari, hi? h^ ^ *^' P"''^^ "^^^^ 4ft nia neaa, uxecuiors
-

administrators,
d'?;

f

LBOAi rOBMS AKD LAW MAWUAl..
tors, or assigns,

on demand: The said P-'^X ^^^^^^ jf^^^ and agree, to pay unto the PfjJ "^^^^^f^'^J^^ Doth covenant ««'g'

«f

«• administrators or **\%'7^ part, his heirs, executors, f '""J mentioned and ex essed Tmoney and interest, as '^ereinbelbre

!?:

note, (or) in the condition of the said

^et^'f n\' ^^^ rris also fuuther Agreed, by "/J'^ w.H keep first part shall and presents, that the party of the Se buildings erected, and to be erected,and that he will a.s^„n "f". ^^\^^"^'f,,^Sn fire, conveyed, insured against loss by secona the said paity of the to

And

and

^fi\Zi'ZZLTu> P^

^ese

the polic;, and certificate thereof, And in case administrators, or assigns; «art his hei/s. executors, party o the be lawful for the sa.d Kelluirther:of. it shall ro administrators and assigns ^Pcoiid Dart his heirs, executors, or premmmj paid lor and the P'-mium

S

such 'insurance; lien effecting the same, shall be a added to the amount of the said

on the said '"o^'^f ^'^^^^^'j Dy Note or Bond, and secuieU

f

'T

W™

hereunto set his

the first part has vvHEHEor, the said party of and year first hand and affixed his seal, the day

above written.
Signed. Sealed and Delivered, in presence of

John Habtman.

[Seal]

EkASTUS HAUi, James Davis.

i
iShort Form.]
.

MORTGAGE DEED,

day of T„is Indenture, maile the and Lord, one thousand eight hundred year of our

*•
.

i--

^'"l-.^.'^'e

Cr„l"7cLadn, earpei.^'^^uS
party of the Jrst par^
,

.'

I

^ for and n consideration of ? h^rphv hereby the receipt whereo is money, to him in hand duly paid, unto th« sell and confirm, acknovvledged, Doth grant, bargain, as««gns. all part, and to his heirs and Baid mrty of 'the second al and description ;) Together with certain {here give full

the .aid "eclCrrw---" -Thatsum ot the

K

«'

f

«Ai oartv of the second part and these shall be ma. e rsuch7ayn>ent be made But in case default provided, inpn u BUI. I J ,1 _ __•_:_„! ^^;„t'»'«=t 5»s above r — s-i. ..•l^/.-"!the paymeut oi iiicpiini;ipa.5, oi
;
:

presents shall be vo

/.

-

-

4

114

^

<

MOHTOAOH DEKB, WITH POWEE OF

SALE. (o. E.)

n" part thereof, in the manner prescribed bv ^^^'^'T'^^ °'-^"y "^ money arising from such ^f" the '• "etainTh f"^.^"* mterest, together ^^irh ^"^ ^"^ the cos^ and chn ^ nf'"' and the over-plus, if any there be shaH bfn -/If """u^ '"^'^ «^'« ? king such sale, on '^' P^rty mal demand, to the f^ J"^ executors, administrators, ^' ^''^P"'*' '^•« ''^i". or assi/ns^ In Witness whereof, the said partv of th. a . hereunto

above describfd/with

the said party of the second part his hp.Vc tors and assigns, ;®''^°"to''«' administraare herehv .mn^
ail

and^-vToTrhe

'"

'^''

?''«'"•««'

saK

I

Is

nalo?

set his

above written. Signrd, Sealed and Delivered ' in presence of

hand and

affixed

P^''^ fusS ?h <Jay ^''\ year ^®^'' *"« and
.

^^8

first

)

Henry
James

Tobfas,

W.

Hill.

[ )

Charles Dill

[Seal]

Mortgage Deed, [Short Form.]

MORTGAGE DEED, WITH POWER OP SALE
'

fP ^'^ ^^- p.

part.

Indenture, made the tenth dnv «f ivf ^'^^ , ne thousand eight hundred^and fi^y-four, 3'««'' of "'^ fi^^'r" Eben Stowe, of the Town between of »'" the County of . and District of Unada, carpenter and ioiner "® Province of of fho a « ' ^^^ ^''^ Harrison, of the Village ^"'^ William ' of }!^'U tnct aforesaid, of the "."'^ ^'"'^^ ^'ssaid Province mirl .

Tms

our Lord

1^

^
^

WITNESSETH

:

That the

n consideration of the
iavvful

sa 5

money of Canada,
hereby

sum of

2?^ d" S'fi \'^ ^® ^'''' P^''^ ^

'*^^

^^^""^
^'or

and

of the first part,

gained, sold
sell

ba,^ and dfhpr.h and convey, unto the said parfv of h^^/''^''/'"'"'' ^^'•?^'"'
;

and conveyed

^^'^ '^'^ acknowK ^IT P'^^Y ^''''"' ^'•^"ted,
^'

the receipt

wh^rm '

.u

"'^'•"'"Ss.

P^''^^ of to and wiih fh. second part, his heirs and assigns tt "I P^^'^^ «' ^'^^ first part, am lawfully seized, in fee simn ^ ? T"^ ^^'^y ^^ ^^e premises that they ; are free of all Jn.. '^ l' °^ ^^^ afore-granted good right to sell '^^^'^ have arid convey
'

the

singular, the hereditaments anS aon ,1'-' ^^''^™^« with belongmg, or in anywise appertaining ANnT^'^y^^'-e^ito
first

al

and

part,

do covenan

-^^'^

tCl

It

,

that I
said

and

my

heirs will

^^''^^^'^^ ol^lLersonJ f''^"^' he reservations, limitations, p ovi os and rfe"'"'"'''^^^*' ^^ 'n the original '^'^"' expressed grant thereof" f^m the Pro ANCE is intended as a Morteaire lo «!., T"" ^"'« Conveynun of pounds ^''^1^ur.r/r '^' """^"^^ '' '^^ «>"uiings,in
*

party of the second against the lawful claims

warrant «m/ w

lame,^ ?''^"^'' ^^^'^'^^^
Cr

>

and
^^e

parrhsheirl^^H

''^'•'^'"^' ^«

fr

:
.*

ilsJ'ifl

116

years from the data

if

H

I

T

J

.

LSOili lOEliS

AMD

liAW MAKXJAL.

date of these presents. with ^^^^^^i!;^'Z"trZ^dlVe^^ be] dated this day, execuiea notes For a bond, as the fact may part the said party of the second hv the said Ebei Stowe, to the prmciof the as above assigns are executors, administrator and Lcond iart h Seirs, provipremises above descnbea; hereby empowered to sell the writing, previous to give one month's notice, in

mT or

But

in

interest

the cl detkult shall be made in thenpayment of the said party provided,

dLfthatXy

trsatwith

'all

andevery of such appurtenances^

''^f Witness whereof.

I

and year affixed my seal, the day Signed. Sealed and Delivered, ( in presence of

and have hereunto set my hand first above written.

Eben Stowb.

[Seal}

William Thain, Oliver H. Jones.

\

MORTGAGE DEED
""tLXZ^v..,

WIT^WER, WITH POWER OF

the year made the tenth day of Majs in fifty-three, bethousand eight hundred and Aium 1 of our Lord one 01 n .. the UisQjjy of Montreal, Canada, tr'ader. of the £trTal o?TJ the said party of the and Helen Roberts, wife of nlrt the 'and William Henderson of second part; pari. "' ^ hrst S/ofthe third . .^ Province, gentleman, of the "f the sum of fivehunW™sETH^^^^^^^^^ the lawful money of Canada, to SredSseTentyfive pou and paid by .tJnf the first part this day lent, advanced P tL receipt whereof, I, the said tffrd •<!

m

TTof

Tl

S

^T
^A T^ *^

Lrt!

vtfof

tKst pa

Sted
Sien

do herW acknowledge : And transferred conveyed LdTsc^d. aliened, released, barsi

of the

L^

have

given.

t

SsuredandfoX^^^^

.

«#

and assigns, all that cerbeing and premises, situate lying, and fflarcel o t^^^^^^^ County of Missisquoi, m the the nSie Town hip of Dunham, in by adthe said Province, contaming District of Montreal, of ^M^"t:.!:4;*,.n hnn^lrP^ acres of land be the same more or

^S

release, transfer, convey, nf the third part, and to his heirs

sam assure and confirm, unto the

niUHSllieimjUi'

«•

lags,

116

i

^1

It-

'

;

i'

'

MOBTOAOE DK^D WITH DOWEB, WITH POWBB OF 8ALK.
less,

being composed of lot number eight in the

water-courses, trees, SrfenifsnbpHrr^''-'\'^^^^^ and ""' P^^'^es. "^f appurtenances whatsoe^r to the '; d ?anl'

appurtenances, unto and to the use ot thesafd

Z,v of' Z ^J-

^

can or may or could or mieht herpinaftpp claim whoever at Law
of the lands, tenements, hereditaments veyed or herembefore mentioned,

5

husband

orThe^wteTowte

r^oIT

to

wuh

the appurtenances of. in. to. or out of

and premises herehv.nn or intendeds™

ToSJ

obSeved

any part thireof

--,

_..c

^^^

._unn Cxvaundrcupounas wUiimterest.

,

MOAL rOBMS AND lAW MAKUAL.
est

Lve^The

!

Si

)<

hundred navablc ihe tenth day of May, eighteen -i\h interest payable ne fifth one hunJred pou.Kls hundred and fittye «ht Ihe sixth tenth day of May, eighteen pay^ seventy five pounds w.h >n .res and last [,aymer.tiing. eighteen hundred ^"' J-"'"?* able on the tenth day of May, f'' AINU six per cent per annum Interest on all said payments, at or defaul payments, are made without any IF Ali the said presents shal ce«se jnd be abatement whatsoever, then these whatsoever And the sa d party void, to all intents and purposes o>. a.jd hereby for himself, his he.rs execu Ttbe first part, doth and agree, to and with the said administrators, covenant, promise executors, administrators and party of the hird part, his heirs, exeeutheLid'pavty of the first part his heirs Ls /ns^that he will, ^^e I one ot them, s^mll or torsT administrators, some the said party ol he pay. or cause to be paid, unto
fifty
,
. .

and

^^

and

administrators, or assigns the third part, or his heirs, executors, hundred and seventy five pounds lawsaid principal sum of five "^^""^'•h"'--' "before at the times, and in ful mo. ey^and interest,

truly

any deduction or abateappointed, for payment thereof, without to the true intent and meaning whitsoev^. according ^^^^ the said party «' h« "'^^ P^f' these presents: And also, that bargain, sell^-^^f now has in himself good right to grant, P^^^J premises, unto he said party the said lands, hereditaments and according to the tiue inassigns, of the third part, his heirs and tent and meaning of these presents

Zt

:

f for the to lawful . , and i^r th^ further, that it shall and may be and assigns, after dofn heirs said party of the third part, his the said sum ot Five hundred and shall be made in payment of proviso herein pounds and interest, contrary to the
,

„„,i

And

i

seventy.five and upon the said lands, contained, peaceably to enter into the snm and premises, and to hold and enjoy hered laments the irs or denial by the said par y of without any interruption whomsoever And that Iree and clear part, or any other person
:

Tand

that he the said party of the fi. ces whatsoever And moreover whosoever, claiming any espart, and his heir>, and all persons h «will at in the premises, shall aud Lte or interest f/'^^^^^ the said sum ol five hund.ed
st
:

from^ all estates,

titles,

troubles

charges and ";^=";"bran.

after,

ad

during the continuance of «" this securuy^ upon seventy-five pounds, or any part thereof, pa ,1 is request of the said party ot the third every reasonable -anrt or assigns, bu at tho c^>-t executors, administrators,
heirs,

iif^^W

part, his heirs, execu ors charges of the said party of the thira m her make, execute, and perfect, all «uch and administrators, »'^'-\he lain the law whatsoever. conveyances and assurances wise granting, conveying, or other ther, better, or more perfectly premises, ""to and to said lands, hereditaments and assuring the part, his heirs and assigns the use of the said party of the third equity ihereol, and (or Subject to the proviso aforesaid, or to the ^^ 118

MOnTOAQK DEED WITH DOWEH, ^ith Po.ntE OF

8AI,B.

the entl., intents anrl purposes, herein expressed, of and concern.ng the «an.e according to the true intent and moan"ng presents, as by the said party of the third part.^s heirs exec* tors, admuiistrators or assigns ' '^"^P ^a 'fens, or nnv nfu,i:. any ot their counsel learned n thf. law, ».li«ll K« ^ the Inw shall be reasonably devised and re.uiired, and tendered o be made And .t is further declared and agreed v and be tween the parties to these presents; that if theLTd paL"^tH first part, h.s he.rs executors, or administra-ors.shan non v to the said party of the third part, his heirs, executors, o adn ,vV trators, or assigns, the said sum of
i

oHhe^

i

:

iki4

'

five

interest, according to the true intent and ,neanthe proviso hereinbefore in that behalf contTined and the said party of the third part, his heirs excarrs administrators and assigns, shall aftef the time ior uch payment has expu-ed, have .iven to the said party of tl^

pounds and
ot

hundred and event vf^^;^

mg

^'1
1

i

Sed

first

-^-'"--t-toivs or ha^ve le'ft for bin. or a ifir^rXrr'r" ^"^^^ P'^^e of abode, in this Province notice rrovmce, notlL in writing, T'' demanding payment of the siid

Z'

m

"T'

aid party of the first part, his heirs possession ol the said lands,

nave elapsed Irom the delivery or leaving of such notipp withpayment having been made (of which latter in payment, as also of the continuance of the said princ pal moner a.u interest, or some part thereof, on this security, the prod uc on of these presents shall be conclusive evidence.) t mar be lavv/ul to and for the said party of the thrd par his and assigns, without any further consent or
out such

d^u

Band

concmrence o

S

th^

and appoint: Ano it is herebfdecT.r^ agreed, that the said party cii^he third part, h s he rs etcu tors, administrators and assigns, shall stand seized ind be possessed of the said lands, tenements and hered tame Its d of Uje ren s and profits thereof until sale, and after al^ ofthe pr^ cee Is therefrom arising, upon trust in the first plac^.to dec uTt hereout all expenses which may be necessarily incurre hi a"'d ^^"^'"» the trusts and powers hereby ceated lol H ^^'",f
a.ul

receive and take ihe rents and profits thereof, and vvhethei n or out of possession of the same, to make any i;ase or lea es t ere '"^ "'^° ^^ «^" ^""d absolutely df^osc ?•'' of the said lands,•'r'' t.M hereditaments and premises, with the a .nurte nances, ,n such way and manner as to him shall seem mrefind to convey and assure the same, when so sold, unto th^ or purchasers thereof, his, her. and their hei/s and assign or he she or they shall direct
I

and assigns, to enter into hereditaments and pri raise and o

'>

<i

S'mser

L

,

i;

»

f

much

and pay, unto and for the said p^arty of the third heirs. executors, administrators, or assigns, the said principal sum of five hundred and
si
!

and

retain

part,

Ins

seventy-five

thereof;

^shall

p^.umlso.n
then

then re mail

unsati^i^^aS duliSrc^

..V«w'-*lfcl»i4«»«»i*ii>i«» -'mtmmimtimiKK,

m

:

IIQAL T0BM8 kVV
LiJ.i
»i
.-,

hk^T

VkVVkl.

after such ray-. .ny^ S.e said sa e. unto the saia ^id rents and profits, or proceeds o': the adm.mstrator«.^r l\s heirn, executory Tarty ot^" h^r«t part. part ol the sa re-convey and assure such
,lnp
nntl in

wear

in reppect thereof,

and
(if

t

n°t'™,t.o\".7oMr»n.fe^hc ™rpl„,

Lsicns and

Ss!

«hallrernmn unsold, fo^ hereditaments and pr'cnises as party ol the tirst aforesaid, unto the said anv of the purposes appoint as lie shall direct or or Sa?t or hfs Uts and assigns, that the receipts of hereby further declared and agreed, S^'lJis heirs ""^^ assigns^ sha^l be fhT aid party ^.f the third part. hi. expressed to all monies therein lor ffood and suflicient discharges Persony'aj^^^^^ Uie received, and tfeat the person Cve been not taking such receipt, stiall said sums or any monies and answerto the application, nor be Xrwa?d' he required to sec mis-application or non-appl.cat.on able raccountable for their part does hereby, the said party of the third Jf the same And and administrators Covcnan^ ?or himsTlVhis heirs, exec'uto/s ^^'^party of the first part promise and agree, to and with the

also to

-

:

hi«.

of sale ot the and assigns that no sale, or notice given or any premises, .hall be made or Tands heredUaments and obtaining possession thereof for ease made, or any means taken until sudi tune as Ihree bv thrsaid party of the third part, have been writing, as aforesaid, shall Calendar months' notice, in part, his heirs, executors dven to The said party of the first been left at his or their las o Smhiistra ors. or assigns, or have this Province, d^and.ngpaym^^^^^^^ ustl pla^e of abo'de, in which at the end ot that t me, the Drincipal and interest monies,
heirs

sam

1"

shall

adm

also, times hereinbefore stated. And of the same, at the time or and assign^^^^^^^^^^^ party of the third part, his heirs hat heTe ^aid ms said party of the fi ^t part, and will, at the expense of the assigns, at any time before and heirs executors, administrators or tender by the S'Sale or Sales shall take place, on payment or admmstrahis heirs, executors, partv of the first part, hundred and fventy-five to^ of t/e said principal sum of five of such tender, shall be interest, which, at the time

first part, his be due and the said party of the have made de'ault nistratirs and assigns, ^lall

he.rs. executors

m

paymen^^

S

pound and cos s of this security, with all due and owing upon, or by virtue said an^^. the asaf^resaid, re'coLcV and\assure ^^^^^^^^^^^^ as shall ^h«" and premises, or such parts thereof ^7^"pa»t. ms ^ ^''^^ the said party of the hrst with the appurtenances, unto or -Vpo^-^J^^ aSgn«, or as he or they shall direct Pa^^^^^^^ th^ to be made or done hy ^^ ^ from all incumbrances, assigns, in he "^e**"^"^,^ /.rj'^^^S the third part, his heirs or made in paymerit of the said ALWAYS, that until default shall be "^terest after pounds and sim of five hundred and seventy-five payment of the in writing, demanding ^^^l' ^'^^''^^, r):'' said party of the hrst ..:j-j*;t sijall be lawful for the before provir

f

ZtX
See

'

part,

120

.

I.
'

1'

,,

ITBMOBtAL WITH DOWKB.
part, his heirs

outlt". estnt.on, any mo T?^
out or
'l

and assigns, to hold, occupv and eniov thn snIH and premises, with the'Vpurtenrce"

1

m
'

by tliCBnid party of the third

person

hindrance, interruption or denial, o; from part. hiJ heirs or assign^, or an^ clu,m,ng by. from, through, under or in trust

administrators and assigns; answerable or accountable for any more monies fhan he or they shal actually receive by virtue of these pmson'

ofX;

third

ll\l^\be shall not

rrt°V^"^^ executors, ^ ^' his heirs,

^'"^""^^

'"•'''^'

'^''

fo?hlS^ ^« the «aid par^

i

'i
<

If

s,

no?

'"'' "•: ^hi'^h may ll Z^r^'^'T'' ^T'^»«' said estate and premises, in the execution

save
In

and except

his or their

own

the same shall happen by wilful neglect or default.

to the of trusts aforesaid or in consequence of ^
<

happen

Witnehs wiiERKOF, the parties to these presents have here'"^ '"^''^ ^^^'^ ^^"'^' ^»>' ^«^ -"'^ y«^^ fl-t a\t: wHt^Tn "'' Signed. Sealed and Delivered,
"J

i.fii

in presence of

Eben Downs. Lewis Maokay.

f Hazleton Roberts, ( Hklen Roberts,

[Sea/.] [Seal.]
[Seal.]

)

^*'' Henderson.

Received, on the day of the date of this Indenture, the sum of 11^""^ «eyenty-five pounds, lawful money of Canada heTn!' .ri full being the r consideration therein mentioned.
I.

Witness,

Eden Downs, Lewis Mackav.

Hazleton Roberts,

[Seal.]

MEMORIAL WITH DOWER.
Memorial of Deed with Dower, with Potver of Sale. A Memorial of an Indenture of Bargain and slle bv wiv of Mortgage, dated the tenth day of May.^in the yea? of o'^r Srd
(
,

1:

i ¥

r.oirRV'f^^'^r"'!^''";!.""''

fifty-three,

and made between

°^ ?,^"^^«' ''^'^^'' «^ ^he first part; Helen Tlnh/t Roberts, wife of the said party of the first part of the second part and William HenderLn.^of the Town ?f Cobourg! of aid Province gentleman, of the third part. WherebytS
;

Mon

re«^

0^^^'%°^

•^''

^^Tl

^Jr."^

^^"^'•^^'' '^ ^he District of

i|iiiwj||^|B

»M'.,WJ I

I^^^B i!''f
' 1
'

';ii

.#5;?|:|:'

^

'(

-

;

!

iHl
,'i

r Jl^h^ 'f ')' ^'T
vince of
third part,
to the said

P^'"*' ^°^

^"'^ ^" cons!der;tion of the

sum
^
,

ii Ml

'!

Canada, to him in hand paid by the said party of the the receipt whereof is acknowledged, did^ganf bar!
unhis heirs

1

1

-.

t

<^onvey,assu^e;ndcSrm foZ'lV''''; ''\'r^ third part, party of the V'^"/^^^'
and
'^'^ in

assigns. All that

MLisquoi. tS DiiiPr^^'P.''^ P"!?*^f"^' '" the District of Montreal: of the said Province ; containinff by admeasurement two hundred acres of land.be the same ip.ore or 6
121

^^«""^y °f

^Z,^ ^

lesi^

'^^^^^^^^^^

!

1

IBGAIless,

FORMS AND LAW MANUAI,.
lot

bein- composed of

number

eight in the
all

w.th ofthe said Township of Danham, Together

concession the houses,

orchards ''^^y^' edifices, buildings, yards, gardens, and appurtenances trees woods, fences, liberties, privdeges

;^^^ZlZhlt whatand premises belonging, or n soever, to the said hereditaments reversions, yearly anywise appertaining; And all remainders Jie e.tate issues and profits thereof; And Jd other Vents, ^^^ demand property, possession, claim and
right,
title,

use, trust,

whatsoever; of the said party of the first tenements and Ime: To have and to holh the said lands, and to he use appurtenances, unto other the premises, with the heirs, executors admimsof the said party of the third part, h.s cond And the said P.^^ ^^.^he assigns, forever trators and pa'd f the ».y five shillings, to her m hand part, in considemtion of remised, released and loi ever said party of the third part, hath unto him the said her Dower in the said premises, relinquished and his heirs, executors, admmistratois part,
;

part, of.

m

o. to

the

party of the third

assigns.

Which

contained, for

of five

of the sum making the same void; upon paymen of seventy-five pounds, lawtul '^^one^ hundred and
rate of six per cent, per

said Indenture

is

subject to a proviso

herein

Canada, with interest therron, after the following, that is to annum, on the days and times and in manner hundred pounds first, payment of one say, yearly payments. The of May, eighteen hundred wirh^interesr, payable on the tenth day hundred pounds vvith and fifty-fou The second, payment of one hundred and tenth day of May eighteen interest!payable on the hundred pounds wi h nterpayment of one
,

fiftv-fivc.

The

third,

est:

payable on the tenth day of May, eighteen hun^'"'.i^r„^ one hundred pounds with infifty-six. The fourth, payment of May, eighteen hundred and terest, i;ayable on the tenth day of wih inThe fifth, payment of one hundred pounds fifty-seven. and tenth day of May, eighteen hundred terest, payable on the seventy-five pounds with fifty-eight. The sixth and last payment, of May, eighteen hundred intercsT, t; be paid on the tenth day and to certain powers, declarations

and

trusts, for the leasing

!

S|-

and sale of the said lands, hereditaments part, and for the ap^ premises, by the said party of the third and jVnd and proceeds of such leasing o^ «a « plication of the rents Mackay of Montital, and Lewis is witnessed by Eben Downs, in the District of Montreal. , , , by registered Kv And this Memorial thereof; is required to be me. the said grantee therein named of May, in the year WiTNi^ss my hand and Seal, this tenth day hundred and fiity-three. of our Lord one thousand eight
:

fifty-nine

:

And

also,

.

i

Signed and Scaled,
i

in

.

M,M
I

presence of

I
(

^

Eben Downs, Lewis Mackay.
1 ««

William Henderson.

[Seal]
,„

^

ii

I

NOTICE OF SALE, BY ADVEETISEMENT ON FOBECLOSUEE, ETC.

The Afidavit.
District^ofMontreal,
j

£ben Downs, of Montreal,
District

',\-

\r

in the said in

,

)

of Montreal, merchant

the

duly executed, signed, sealed and delivered by e that he is a subscib.n. W?t ness to the execution of the said Indenture that heThildeoi nent. also saw the said Memorial duly signed and sealed bvt^h^ therein named William Henderson, fegist" thoreo ch sajd Memorial was attested by him, this dtponent, and another ubscribing Witness and that both said Instrument were executed at the City of Montreal, in said District of iwuiiucdi. Montreal. Sworn before me, at Montreal, in said District of Montreal, this ) ^^^^ Downs. tenth day of May, 1853. ( James Smith, ^
relates,

present, and did see the Indenture p"^nt^.rdid's"T'Tr'^^^'^^^'' to which

^"^ saith,t?.athc wa^ the said Memorial

m

named Hazleton Roberts; And

heX
Wh

;

L

'

i\

an^forThe tir'
[For C.

^^' '"^""^ ^^^^''''' "^ '"^^ ^""^^"'^ ^^"<^^' ^^

W.

substitute

County /or

District.]

NOTICE OF SALE BY ADVERTISEMENT ON FORECLOSURE

OF MORTGAGE.

Mortgage Sale.
Whkreas
a\,

default has been
.

e.u-

made in the payment of fho sum P^""^^' ^awiul money, which is now due at the
'
'

Tovvn lown

el^lfda^orSiriS^o'"'^'" ^ ^^ of^ ot in^TT^^ the County
,

^^^^'"^ clate'thlsix! Hammond, of the of of the rovince of Canada gentleman, to 'jacob West, of the clty
-^^"^^^

T^f

in

the

the

o.ce of theV,^r\'o7tt^tnty of Registry Office, for the said County

'

^^

^^^^f'i
mm, h^
:

Tas the case

n

teZrl^LerL^^^ moitg.ige has been rf morruf11 / duly

Ll:dday;?Tpri,l'DS^.^T^'?'^^^^^ 1850, at twelve

o'clock, noon [incase ^y '?" ""'"'Snee, insert here;] \he said assigned to the subscriber-! Now

"'^^"' '''''' i" pursuance'lf the " pouei of sale contained in the '. J 'f"'^ said Mortgage, and of the hw\n such case made and provided, the premises dcHbed in

vcrXdrf

3

'''^'^*^'
'''«

nooD.

of the cluck, in

^^^

Dated

LEGAIi

rOBMB AKB I-AW MAKUAl.
of
, ,

Dated

at the

Town

[or as the case

may

he] this

day of

1850.

Jacob West, Mortgagee,
[or Assignee.]

CHATTEL MORTGAGE AS SECURITY FOR MONEY.
of June, in the year of This Indenture, made the second day between thousand eight hundred and fifty^our our Lord one of the in the District of Quebec A. B., of the City of Quebec, part and C. D., ot 1 hree Province of Canada, trader, of the first gentleof said R vl s.Tn the District of Three RiversThat the Province of the said party Witnesseth man, of the second part. pounds of the sum of part, first Dart for and in consideration paid the ^^^^^^^ ^^^^^^ ^.^^y, to him in hand duly hath ^old. and by these receipt whereof is\ereby acknowledged, the sell, unto the said party of presents, doth grant, bargain and
;
:

Lcond

goods, chattels, and propertv part, the following' described or refer to them ^describe them particularly, ^l^f^'Jf'^f' possession : To "^^e and to hoi^ Lnexed marked A.) now in chattels, and property ; unto the all and singular, the said goods, his heirs, e-ecutors, administ^^^^^^^^ ild party ?f th^ second part, use forever: And I, the said and assigns, to his and their sole e'cecutors admims^^a. for myself, my heirs,

my

party of the

Ls and

bo Covenant, promise, and agree, to and wth his heirs, executors, administrathe said party of the second part, the said goods^ that I am lawfully possessed of tors and assigns, /ro^ aforesaid ; that the same are /ree chattels, and property, as my the said party of the first part, all incumbrances; and that I,
assigns,

first part,

and assigns, will warrant heirs, executors, administrators party of the -cond par^ his defend the same, to the said

ta

and

against the la^tu c aims executors, administrators and assigns nevertheless that if I, the all persons: Provided and demands of my heirs, executors, administrators said party of the first part, pay, or cause to be pai^' » ^^e or assigns, shall well and truly admini^ators. second part, his heirs, executors said party of the pounds ten shillings cuirency or assigns, the sum of twenty of one yer.r from the with interest, on or before the expiration curr.n y additional sum of thirty pounds, Ite hereof; and the 18 of day with interest, on the conveyance void, other payments, if duly made, will render this
. »

^'i

wise to remain

hereunto set my hand and affixed In Witness whereof, I have the day and year first above written. my seal, Signed, Sealed and Delivered, \
in presence of S. Williams,

in full force,

and virtue.

I

A. B.

\Seali\

C
to be Filed.

tf

m
J^.

John Sloan. / B. The Mortgage Deed or a true copy

124

CHATTEL MOBTOAOE TO SECUEE A DEBT.

CHATTEL MORTGAGE TO SECURE A DEBT.
This Indenture, made the Jay of the year of our Lord one thousand eight hundred and between John Richmond, of the Town of
""
'
''

:„ ,u

o seventy pounds, with interest, payable -pounds, with interest, in one year, and five pounds. With interest, two years, from the date of these Which payments, if punctually made, will render thl'^convev' ance void otherwise to remain in ; full force and vi J ue Lastly, the said party of the second part, and his heirs e'xecu ors, administrators and assigns, are hereby authorized for fur
the

party of the second part in the sum of seventy pounds lavtful money of Canada, and for the better securing the payment 7the same, Hath sold, and by these presents, doth grant sell unto the said party of t hi second part, de"i/^e give or'tr'^te^^^^^^ Schedule annexed Marked full deTrfpttt, 01 rejer to t/iem in the ;^ now in possession: To have and to hold all and singular? the goods, cha te s and property aforesaid, together lith he appurtenances all the estate, title anu interest, of the said party oTthe first part therein; unto the said party of the second part his heirs, executors administrators and assigns, forever "Tms Con VEVANCE IS intended as a Security for thi punctual payment

fLefblEg
A

bSnnnS

sS

mv

sum

ot

thirty-five

asSow

m

S

Snts

S

his or their possession, at

so to

any time he or they may think proner ^^^^^^ ^ do for their own safety. ^ In Witness whereof, the said party of the first nart hatk k

Signed, Sealed and Delivered,
in presence of
/
i
1

Charles West, Harrison Lewis.

-^ohn Richmond.

[Seal.'i

'

CHATTEL MORTGAGE TO SECURE ENDORSER.
This Indenture, made the day of the year of our Lord one thousand eight hundred and ^''''' lorK, and Yornnd I'rovince of Canada, erocer nf tho fi„cf County of i^^' 9^^^' °^ ^^^^"^«' ^» the ,. "' \ '"' Samuel Tobias, of the Town '

m

r.

T

oTXoTinlhfcoulT

P.e

.a.a pa..jr ^i ihc iirst part, lor

*^^

and in consideration of
the

tsss

MOAL FOEMB AUD LAW
the

MANUAL.

pounds, to him duly paid, Hath sold, and said oarty o( the presents, doth grant and convey to the bv these executors, admmistrators and assigns, second nait, and his heirs, and property, [here give following described goods, chattels

sum of

the

annexed marked or refer to them in the Schedule To have and to hold a and s^inpossession A -1 now in my property aforesaid. Together gular, the said goods, chattels and of the appurtenances, all the estate, title anc interest tiththe part therein; unto the said party of ho said party of the first admintstrators and assigns, lorsecond part, his heirs, executors, said party of the first Pr..vided, Nevertheless, that if the evermaturity, the truly pay or cause to he paid at part shall well and interest of a certain prornissory note
full description
;
: 1

full amount, principal and said party of the second executed by him, and endorsed by the pounds, currency, bearing .ven of part, for thi sum six months from date, ^ id now date with these presents, payable m the Cun y by Abel Beecher, of the City of held Then this Conveyance shall be void aforesaid and Province virtue. otherwise to remain in full force and hath whereof, the said party of the first part In Witness the day and year farst hereunto set his har.:l and affixed his seal,
,
;
:

above written.
Signed, Sealed and Delivered, in presence of Peter Pinder, James Prooks.
[See the two Mortgage.]
affidavits ^

Oliver Jones.

[Seal]

\
to

annexed that are required

a

Chattel

THE TWO AFFIDAVITS REQUIRED TO A CHATTEL
MORTGAGE.
of the City of Toronto, the said County of York, the MortgaCountuof of the within^Bill of Sale by way of To wiT ) gee that Charles Dunbar, of Mo't'-a-e named, maketh oath and saith Mortgagor in the annexed , the County of the AlhioTi,

Canada,

)

Adam Bates

York,

> in

m

Mortgagee therein named, m indebted to him this deponent the shillings, lawful money of pounds the sum of of Sale, by way of Mortgage, was the said Bill Canada Tn purpose of securing executed in good faith, and for the express not tor of the money so justly due as aforesaid, and the payment goods and chattels nrientioned in the the purpose of protecting the Mortgage against the Creditors ol gaid Bill of Sale by way of *u-- c„;,! nh^rles Dnribar, the Mortgagor therein named.
'

Bill

o['

Sale by

way of Mortgage named,

is

justly

and

trulj

126

SWOBM

BE8PECTIN0 B0NB8.

Swonv before me at the n City of Toronto, in the said County of York,
this

day of
J

Adam

Bates.

A. D.

854.

A

John Jones, Commissioner lor talcing affidavits in the Queen's Bench, m and for the said County of Yorl^

Canada, County of York.
J

Henry Holden, of the City
to, '.in

the said

lin nnrl

uuhK

of ToronCounty of York, maketh
1.„<i,

.

.

1 ATm&SrCi^r'
is

w
Sh
'''"^"''

delivered by

Jhart

Hoido„™,a;;SubrcrS::Xne,T;ltV''^ ?'"%"'"?
onhe
proper handwritin/o-?
fevvoRN before me at the'' City of Toronto in the
said
this

b7™".rbdVpteT""°"
"t
tt
^ol^^is,^.

County of York day of

S.

(

'^'=''''''

A. D. 1854.

Joim Jones,

Be.ot

^r:^z^r&^^"

«•«

«"-"•'

RESPECTING BONDS.
hildfh7s\drf efecmors .'„h'1
conditio,,

^^""^'^''^ "'^

""'S-

""')•

to declare

whtcl,

isproperlyrm^eyCd"
*^

tirsamT vS

""

'""' P'"-f"™»""='=. ="«i
»<''"^-

f^

oppomted, with a

Iiver''thl"£?
becomes bound.
in

toLt"?!?' ?°,''^"? "''om P''"^
""'
"''

""«

"-

the obligor

'.he'„"b^Itl'"ftatt''!lV''°
co;,d,"?o„

mount onhe

°""' .T P""'"^™"»y '» •>- *»-<! 1 '^ ™^''^ '"'"'''le th. ""
collect from th.
^^''.'

obltorXerhlMhis'I'!:' "''"s- ,""->« "fea ma„":a„ rave

rmlThll''lh^"''''r ".' ™^

MT

Th)

;

.^if:Aiiltnii

ifWifMmt .iHlttir
i

m

w
MOJO. FORMS AND
,\'

I.A.W

MAKUAt.

The

costs,

amount of the penalty; any more than the amount of the

^nd above the however, can be collected, over of the then the obligee cannot collect If penalty.
it is

Xor

desirable

sufficiently large to cover ?hat °uch penally should be

all

contm-

gencies.

A BOND, USUAL FORM,
:

[C. E.]

Charles Miller of Know all Men by these Presents That I, of the I roin the District of Montreal, the Town of Chatham, am held and
l1

i;

L.'

a

the first part; vince of Canada, gentleman, of of I^ngston. in the bound, unt^ William Hall, of the City fi mly second part, of said Province, builder, of the County ofFrontenac. and thirty-one pounds, lawful in the sum of one hundred paid to the said party money of the Province of Canada, To be administrators, or assigns hi," heirs, executors, of the second part, and truly to be made. I. the said party for which payment well heirs, executors, and adminis. first part, bind myself, my of the firmly severally if more than one obligor) trators (jointly and my Seal, dated this nineteenth by the^e pJesents. Sealed ith

hundred and dav of May, one thousand eight

fifty-four.

such; That if the above The Condition of the above obligation is heirs, executors, or administrators, bounden Charles Miller, his cause to be paid, unto the aboveshall well and truly pay, or his heirs, execuHall, or to his certam attorney, named WiUiam the just and full sum of ^xt^fi^^ Ls, administrators, or assigns, month, (or one year after pounds ten shillings, currency, in one at the Bond, as the fact may be,) with interest, the date of this payable quarter-yearly (or halfrate of six per cent, per annum, agreement may be) to Wit: on the yearly or yearly. :.s the May, in each of August. November, February and nineteenth days parties may agree, then the above vear or on any days as the in full force and virtue. to be void ; otherwise to remain
obligation

Signed, Sealed and Delivered, in presence of

.

^

Charlbs Miller.

[Seal.]

James Brown,

Wellington H. Richmond.

COMMON

BOND,

WITH CONDITION.
.

Peter Jones, of Know all Men by these Presents: That I, County of . in the tVip Citv of V merchant, am held and hrmly bound of the Province of Canada, the sur« ot carpenter unto Charles Harrison, of the said (^ity, of Canada. To Oe hundred and fifty poun.Iv, lawtul money one aunis hi. heirs, exrcutors, a paid to the said Charles Horison, payment, well and tru:y to be trators, or assigns; for which '"""^ 128
, ,

m

'

BOHB TO IZXOUTX A OOHTaTAKOl.

Sealed with my seal, Dated this one thousand eight hundred and fiftyThe Condition of this obligation

dav of
'

is* such-

Tho*

if

.1.

interest,

equal annual paynients, from the date^ he^eo^^th annual on the whole sum remaining unpaid. aUhe «me of each

Signed, Sealed and Delivered,

Daniel Hall.

/

BOND TO EXECUTE A CONVEYANCE.
by these Pbesents That T P^to- t« i„ the County of ^fX % ^""^^^ ""^ "^ Canadi merchant am held and^r^ bound! uitoj^^^^^^^ of the said City gentle„,n„. in the hS^^Tpou^^^^^ lawfu money of Canada, To be paid to the said ul "' his heirs, executors, administratofs. or assi^is for whirh i menf, well and truly to be made, I mysd?. m^hdr^l tors and admmistrato«. ' ''"* firmly by these preseits. Sealed with my seal, Dated this dav of «« *l **"« ^''^sand eight hundred and '

Know

the City

all of

Men

,

slof tl

Ws^

Ud

^T

fifty.

The Condition of

this obligation is

^

bounden Peter Jones, on or before The 'dav of next, or, case of his death before that tiVs. fuJu said Peter Jones, shall executeTe

such • Thuf

ir tu^

u ^^'^^
/.

m

.

co„viyan,S

administrators, oFassign^ mike ex^ and deliver, or cause 80 to be. a and^uffident rf Conveyance the law wUh all the usual coveSsL in f!i «m^e, free from all inoumberances, whatsoever The fSJ
oute

hereinafter described, within two his viding such heirs shall then be of full age of or, If wi thin age. then ivithin two months after such full age of twenty^one years.) shall and ^^U do «««onable request, and at the cost aid charge Allan, hus heirs, executora,

monthlX

o^^

'^

detaTS
heK^n

twen^'reVeC

^of

m

^

onhe^K"^

Zn thl

S

ngde^ribedpremi^

to

Wit:

wuate, lying and b^iog, the Town of , knom, r^mber on th. so.th .ide of , street.] then

m

Ml\7t^n%lVp!Zl «

tCU"

obligatiion

ZHQJLL
obligation to be void
virtue.
;

rOBMS A»D LAW MAKUAli.
otherwise to remain in
N
f

full

force and

Signed, Sealed and Delivered, in presence of

Pbter Jones.

[Seal]

Henry Sampson,
John Walker.

V

BOND GIVEN BY TWO PERSONS.
That We, Charles Patton all Men by these Presents: the Coun y the Township of ana i^wis and llwfs Kay, of ^^ y, are held ^^^ Province of Canada, yeoman, merchant, of the Vilbound, into Andrew Robinson, and firmly . and in the said County of "V ^ hundred and fifty pounds, aforesaid, ii the sum of seven the said Andrew Robinmoney of Canada, To be paid to assigns for which executors, administrators, or Sn his heirs, bind ourselves, our and made. ravment wel and truly to be administrators, jointly and sevouTheirs. executors and

Know

,

m

,

Knee iaS

;

We

Sof
The

erally, firmly

by these

presents.

this Sealed with our seals. Dated eight hundred and tiltyone thousand

day

oi
rvu
^

is such ; That if the Condition of this obligation and Lewis Kay, or either of them, Patton above bounden Charles heirs, executors, or admmistrators, shall ortheir or either of their above named or cause to be paid unto the weUand truly pay, m Village of Andrew Robinson, merchant, of the and Province aforesaid. The just County of he said and seventy-five pounds, in three r^nVfull sum of three hundred from the date hereof; with annual equal annual payments, void ; otherwise to reSrest then the above obligation to be
, ,

\

-e

«v

main

and virtue. and Delivered, Signed, Sealijd
in full force in presence of

John Patterson, William Rice.

Charles Patton, Lewis Kay-

[Seal]
[Seal]

OR COMPANY. BOND FROM AN OFFICER OF A BANK,
of the Province County of unto the Bank gentleman, am held and firmly bound, ot uanaua, of Canada, g ^^^^ ^^^ ^^^ Company, as the case my ^f C^?«^' three hundred pounds, lawful "^^^ey fee /l in the sum of [or Trust and Loan the said Bank of To be paid to payment he,] or assigns; for which
,

Know

all

Men by

these Presents That
:

I,

Charles Ross, of the

in the

.

.

Company, as

the case

may

weU and

myself, truly to be made, I bind firmly by these presents. administrators,

my heirs, executors and
^^^^

180

BOin> TO

A OOBPOBATION, OB OOMPAITY.
this
fifty-

Sealed wiih my seal, Dated thousand eight hundred and

day of

ono

an7;ToTnt;d?rs?il^^^^^^^^^

^as been ehosen

-y

be,]

of the Trust

and'Cn tmpanyT"^^^^^^ nf'lT

corne into' his

That if the said Charles Rosih;.! executors, or administrators, ^^"^' at the ? o^hl' ^^'^ ^^^^> upon request to him or them marlp ? said Company, for Bank l^rth!-' '''^".'"^'^f or give unto the °' '^^y'"* ^""'""^y' ^ ju«t and true^iccount of ^^lllch^'^^^^^^^^ '"'"' °^ »°°ds and chaiiels.and

obhgation

IS

such;

hSTw Sr^t^r^^JSiK^^ T "
Si
expirS

^

o^her Prooer^v a.T«v°

Cashier, lor Teller

«/tLo^'

i

?°'"® '"^^ ^^^ ^ands, as

T"^^'

the capacity of Cashier fo^T^llil ^^''*^°"^Pany» [or Bank,] in ^^°r««^id, during his cCinuance in o^^^^^^^ void;^othervvise toTm^lS *^ »"

Signed, Sealed and Delivered, ' in presence of )

ft fo^cVanVv^r'"'^"'^"
(

Edward Holland, Lewis Torrance.

Charles Ross.

[Seall

'

BOND TO A CORPORATION, OR COMPANY. these Presents Thaf T P«f«« n j Davidson, the City of
Know all Men by

Province of Canada

j^ the C t ffpnprn] m«,.«K?"I*^
^

'

ot

f

L

II

,

,

of the

well

and truly

to

be made,
firmly

'"' by thSepSS,r '^ Sealed with my seal, Dated this dav of thmsand eight hundred and fifty-

MdadmrnUtrator^

I btod

3? mU
^
''

f^^"""'' "'"""""^•

'"*

abo;e\ottnPet:r£^^^^^^^ weKi tru^P^y ^ above named Corporation of ^ tide, or as the case may be -l or
tratoi.. shall

-^»>'

That

^^^^^^^^^^^^

if the adminis-

131

^

th-ii"

li!^,^^™P^°y' &fve their
successors or assigns, the just

T^ rnmn^^''^' -"^^^

';

«*i»«*,*!«l«.**4»**«-4l«l

MANUAL. JMQkL »OBMB A»D WiW

to be void

force and viriue. otherwise to remain in full . Signed, Sealed and Delivered. [^^u/.j in presence of { TRiUi Davidbom.
;

Sanfohd J0NB8, Chables Siiaw»

J

BOND TO EXECUTORS.
Know
'

A..

Meh

bv thbbk

^-;-

T^^^'

^""^^^
'^'^T/'the

1*1

«-iy bo-d, unto tvTJJiJTcanada. contra^^W^^ of

ELffurWoU^ Richnion^ County
Sib

the^^^^^^^^^^^^^^

,,,,

of in the deceased, late of the ii!.Vrv G°°^ of Henry Goodson ^"'^^^^^^^^ last will and testament .foresaid. said Village of . ^'!t:,!driawful money of Canada. To executC^^^^^^ and Oliver Richmond, ill'^^rrtttaid be paid to t^^f assigns survivor, or his, or their J^^f„^J°^^^^ tors as aforesaid, the s«F,^^J*' ^'^^ '"^ be liade, I bind myself my well for which payment, by these presents, hrmlyD^^^^^^^^ V ."'.J, and administrators. firSiW heirs, executors ^^^ aayoi this Sealed with my seal. Dated and ;« thousand eight hundred That if the 'such

J^L

S-eSaliand
virtue.

tfbe'';"d1o.!::rwUe .. regain in

full

fore.

Delivered, Signed, Sealed and in presence of Edwabd Bbuce,

AiiD«BW TiTiM.
!

[Satl]

George Grey.

LEGATEE'S BOND TO EXECUTORS.

^f^^^'r^ryS^^^t^^tVU
Sid

merchant^ are

U
T. b. *^

«y

biu'K O^'l-r-buU »d OUv« R.oh.^d^f
If "V^"^ -f

.he Village of „/.?'?«( Pwvince, executora of *« deceased^ late Good«».
i

>JK

totunent of Henry
,

in the

liiit

<a

'<

£ald.w».J?fo«^ri.wft.l »»., of 0»-da.
1S3

»^*«J*^t

in the

~m of eigW

BAIL BOWD TO

SnXBtTf.

paid to the said Caleb Tur.,bull and Oliver Richmond executors as aforesaid, the survivors, or survivor, or his, or the^MS ^s' for which payment, well and truly to be made hind onr selves, our and each of our heirs, executed and admiSato^ ^"'''^*'^'^'°"' jointly and severally, firmly by these presente Scaled with our seals. Dated this dav of ®"* ^ thousand eight hundred '

We

and

fifty-

EZn'/.

last will and testament of the said Heniy Goodson, deceased, a legacy of two hundreH «nH «• Hueathedto his so^^lfrld Goc^L w^^^^^^^
:

Whkreas

In

and by the

^YetcltL'^a^ot^^^^^

-^

Oliv^i^ch!

»<> pi; tZdlf Jnd r r^'PT'.r;:' no other assets ^^^er asset; to\/JZ and if here shall be ^'"'•\^^'"s to oav other

ine debts,

of the deceased necessary for the payment of such debts and th^ pZo^! uonal parts of other legatees, if any there b^ and all th? and charges incurred by reason of thi payment of thrsaS A^frpH Goodson and that if tL probate of the^ ; of the sajd

'"^'^ Alfred'cffiil. herfby Serto" effd ^^® [^^^""y '° P^'^' fC! r with i other legatees "»• such rateable proportion lu the thereof;

&

'''^' '^'^'^ ''''.

Mmavh2

S

ff

ecutors, administrators, or assigns.

^'" ^«°l»red void; then the «^id Alfred of the est. to the said r'Th T^ SuoThet d Caleb Turnbull and legacy, with kwYul bt' iver '^'^""^ona, their eir Richmond tneir ex.
rllf^^^^u^'n^' l^^

JectS

"Mf

Signed, Sealed and Delivered, ^ in presence of )

Alfred Goodson.

rSeaH

Know
Eben

BAIL BOND TO A SHERIFF. all Men by these Presents: That We Henrv Piatt, and Charles Mathewson, ^ of the Town of
,

Hill
i'

ttT^A^
,

K

'

«f 'he Provi'nce of
in y,e

cS^

merchant
(

I

i

,

'-'""nty 01

awul money of Canada. To

of two hundred nnnnrla be paid unto the SheSff hfs'

gQ^

3

which ZunlTw\:t''''TZ'' Z' r'^°«' f°rour and payment bind ourselves, each of oTr hefrs. eT^. 1 "^^f^' ^f ^--^-^-^ jointly and severally. SlyXXyp:::„r
Sealed with our seals.

tITp

?^-

Dated this day of 'h°"«*"d «5ght hundred and H''^°"^

fifty-

'

J

«.

now

.A

,

I'

.J
"''1

mm

MAKUAt. LIOAL rOBMB A«D LAW
Court to be held at ,,ow pending in the County .on the first day
for the
,

in

and Term.

County of

wherein Oliver

reiimiii III full —•>'>- ----. remain in •"" force and virtue. ,

Signed, Sealed and Delivered, in presence of

Henry Hall, Eben Platt,
\

Seal.
'Seal,

Cameron Ainbworth, Peter Dailv.

CuARLEa Mathewbon. Seai:

INDEMNITY BOND TO A SHERIFF. Tha.I Henry M,__of K»ow .^ m. .V.XH.S. P...™t,:
Ul

execuiors, said Sheriff, his neirs,

i«i

Wg bind ourselves, our
a„a

;tfXorul:r!reS^«n7atSt.joi„,,,.
1^1

PJ

again,. Peter

Howland trader^ -T^^^^^^^^^^

and costs aforesaid:

Howland Peter Howia appear to belong to the said the possession, that Bates. are claimed by Abram ^^^^^J^^^^.^f Now Therefo^^^^The Condition of County and Province aforesaid. ^^^^^

And whereas

ceriaui e

I

T/iwK, S^ar:wtsh:rbS"g. auj
134

orother pre„,i«.

ABSTONMBNT OP REPr.KVIK DOIfD BT A
^hli!!Lr'^''l"V"'' obl.gat.on to be vo.d; otherwise to
Signed, Sealed and Delivered,
in presence o/
)
(

SICKEIff.

^"'<'"»"'"anygo(Kl8 and chattels, thon

tl.ia

remain

in

full

force

and

John Hem.wo,

H«w|it Hall.

[Seal.]

REPLEVIN BOND TO A SHERIFF.
Know
all

Men

by these
.

Rjchardsof

Presents: That

Henry Davis, of

We, Samuel
and

°^ '^'•^ J«'"t'y and severally'held ^T'''"^ XT and firmly bound to Henry Johnson, Esquire. Sheriff of the County or United Counties [or District, 1, the case may

It

H.

^1

''^. ' 'awful money of •? K paid i^® l""™ be to the said Sheriff, or his certain attorney. executors administrators, or assigns, for which payment to be well and truly made, We bind ourselves, and each and every of us m the whole, our and each and every of our heirs, executors and administrators, firmly by these presents. Sealed with our seals, and Dated at

r«n« In Canada.

T To

'

of

, '

this

,

in the

vear of our Lord

dar

'^ ^"^^5 That if the above hnm!!? ^^f'^"'*^" °^u"^°^!'^*^'°" bounden Samuel Richards, do prosecute his suit with effect and without delay against David V^ales, for the taking and unjustly detaining of his cattle, goods and chattels,

t

\%

to

lull force and virtue. Signed, Sealed and Delivered,

or goods distrained,] and do make a return of the said goods and chattels, if a return thereof shall be adjudged; Then the above obligation shall be void; otherwise to remain ia
the cattle

Wit :l[here descri^

cattle

in

presence of

Wellington H. Richmond, James W. Henderson.

Samuel Richards,

\

Henry Davis. William Harrison.

SealA Seal Seal

S^ the Law Relating to Eeplevin,in Canada We»t,on paffeeilS <o482

in this

«w*
.!

I';.

ASSIGNMENT OF REPLEVIN BOND BY A SHERIFF.
on the back of the Bond as follows by these Presents That I. Henrv Johnson ^ ' Esquire, Sheriff of the County or United Counties of as the case may be Have at the request of the within named ' ; the avowant (or person making , cognizance) in this cause, assigned over this replevin bond, unto him the said P"""^"^"^ *o the Statute in such case made and proviftjjow

To

be endorsed

ALL

Men

:

ded

»»»
fir

's'J

IiajK*M«i«i*-lMf»Ci4«*Sei^*W®-

LBOAL TOBHB AF1> LAW

MAWtTAl..

hereunto set my hand and seaJ In Witness wheebof, I have thousand eight . one day of of Office, this

hundred and

fifty-

Signed, Sealed and Delivered, ^ in presence of

]

I
(

Henbv

Johnson,
Si/ieriff.

{Seal]

.

Wellington H. Richmond, Albebt MOBBIS.

*

TOWNSHIP OFFICER'S DECLARATION.
I

Henry Richmond, do

will faithfully
for

sincerely promise and dt clare, That and diUigently perform the duties of
,

I
,

the ToMri [or Township] of

Dist?;.t] of

'f ^r^^^Si^t current of the Province of Canada, for the
this

year.

Dated

at

,

day of

,

A.D. 1854.

[Signed.]

Henby Richmond.

E*

Cierk of

BOND GIVEN BY TOWNSHIP CLERK. Township Know all Men by these Pbesents That We, A B., District), County (or
:

ol of the Province of Canada, and t. D., Province are held and firmly , of the said andE F of County {or Distrjet^aj bound to James Hall, Treasurer of the lawlul . in the sum of the case may be,) of James Hall, Treawell and truly paid to the said money. To be for ,>^hich payment well and surer, or his successors in Office, bind ourselves, James Hall. truly to be made to the said and admmistrators, severally, our heirs, executors
,
,

for the

Township of

,

in the

We

jointly

and by these presents one day of Sealed with our seals. Dated this hundred and fifty•<• thousand eight mu * if *u abovethe k^,,. The Condition of this bond is such That over, or cause the same bounden A. B. shall well and trulv pay
firmly
' ;

to law, for the use of be well and truly paid over, according coming mtohis hands by virtue the said Township, All Monies general uses of the Township of his office, and applicable to the with all remainder, (if any there be,) Togetheb and deliver the belonging to the Township, into the books, records and papers law directs, then th hands of his successors in office as the remain m lull null and void ; otherwise to obligation shall be force and virtue. r<a,fln l^o.i.] A. B., Signed. Sealed and Delivered, . ^ Township Clerk ) presence of

to

in

^

Heney Jacobs, An*M Smith.
#t

(
'

£. D., E. F.

[Seal]
[Sea/.]

,

As
jgg

securities.

ToWNBHIf

1"

TOWKSHIP COLMOTOe'S BOKS.

TOWNSHIP COLLECTOR'S BOND.
'^^^'^^^^J^^^^yTBEBBVu^KiiTa: That We, A. B., Collector of the ratesfor the Township or Townships of in the County or District of . (a. the case may be,) of he Province of Canada, and C. D., of , and E F of of the said Province, are held and firmly bound to James Hali; 1 leasurer of the County (or District, as the case may be,) of in the sum of , lawful money, To be well and truly paid to the said James Hall, Treasurer, as aforesaid, or his suecessor in office, for which payment well and truly to be made to the said Treasurer, bind ourselves, jointly and severally, our heirs, executors and administrators, firmly by these presents. Sealed with our seals, and Dated at this day of .in the year of our Lord

w.m
,(i

ii

hv'

/

We

centage] to the Treasurer of the '^' "*"" '"^y *«) o^ o*" before the (here limited) , in the said year eighteen hundred ana then this obligation shall be null and void : otherwise to remain in full force and v virtue.

so collect [except his

rZtT- or Townships of Township V^^" for the year eighteen hundred and for which he has been appointed,' aJ shall pay over or cause to be paid over, All Monies which he may
,

hmlnln^rR 'T

,f^ n^''

H?"*^ collect all rates

'^

'"^^ That if the aboveand assessments of the Town,
'

,

,/T/7 time aate the ^r

^1?^"

V

own per

m

Signed, Sealed and Delivered, \ and in presence of

(

Charles Ricumoni Richmond, Lewis Brown. lOWN.
Condition of a
one

t
3

A.B.,

[Seal.

CD.,
E.F.

[Seal
[Seal:

Bond to Maintain a Person.
is

rZ7 Sm?'^'"? ,?^i^^? obligation such. Charles Miller shall, during the natural
life

That

if the said

suitably support

Tnd and
ler,

iil'^l.ri all other

things necessary, in the house of said Charles Milor in such suitable house which said Charles Miller mav

and maintain the said William Hall, and pro-' \'"''^^'' clothes,food, drink. medicine, aid nursing,

of Wi!liam Hull

"'"? °'"^^'^°" ^^^" ^^ remain in mil force and virtue.

E?ntt?f'
rZ7

-id' otherwisHJ

Condition of Indemnity for Signing a Bond.
^iS-n'^'^'l ?.^'^•'

obligation

is

such,

That

if

the said

damage and expense, to which he may be subjected, by reason of his signing, at the request, and as surety for said Char es Miller a bond to the Court of Chancerv. for maybe;] of the Town of in the County
all loss, cost,

JZ Z.

of

137

,of the

;

""-4««fc«#J-.*S.I»«s».!*rtiS(>IWM»»l«S

LEGAL rOEMS

AlO)

LAW

MAJfUAL.

pounds, the Province of Canada, in the penalty of currencv, conditional for the faithful discharge, by said Charles of Miller, of his duties, as executor of the last will and testament William Stearnley, deceased, then this obligation shall be void

otherwise to remain in

full

force

and

virtue.

GENERAL RELEASE OF ALL DEMANDS,
Know
all

(C. E.)

Men

by these Presents
,

:

That

I,

Henry
;

the Citv of

and

District of

Piper, of of *"• .

Province of Canada, merchant, of the first part and Stephen , in the County of Dill, of the Town of of the said Province, trader, ot the and District of second part, Whereas : The said party of the first part, for and shilhngs, pounds in consideration of the sum of lawful money of Canada, to him by the said party of the second and part, in hand well and truly paid, at or before the sealing the receipt whereof, is hereby delivery of these presents, acknowledged. And he the said party of the first part, has remised, released, and forever discharged, and he does hereby and assigns, for himself, his heirs, executors, administrators and forever discharge the said party of the remise,
,
,

release,

second part, his heirs, executors, administrators and assigns, and from all debts, demands, actions, and causes of action, which the he now has in law and equity, which may result from liabilities, existing state of things, from any and all contracts, of doings, and omissions, up to this fifth day of June, in the year our Lord one thousand eight hundred and fifty-four. have In Witness whereof, the said parlies to these presents hereunto set their hands and afiixed their seals, the day and
ot

year first above written. Signed, Sealed and Delivered, in presence of

x

I

Styles Holmes, L. H. Jones.

C

H. Piper, Stephen Dill.

ra it [Seal]

L^^'J

RELEASE OF ALL DEMANDS,
This may Certify, That
I,

(C.

W.)

of Canada, , Town of party of the said Province, of the second part. Whereas : The said of P.?" j first part, for and in consideration of the sum well and shi'lings, lawful money of Canada, in hand the receipt truly paid, by the said party of the second part, party whereof is hereby acknowledged. And I, the said
,

Piper, of the Township of Province , of the , in the County merchant, of the first part and Stephen Dill, of the of the in the County of

Henry
of

o( the

first

part,

Do

hereby, for myself,

my

heirs,

and

assigns,
reroiae,

133

BBLEASE TO AK EXECUTOR.
remise, and release, the said party of the second part, his heirs and assigns, forever, from all suits, actions, and causes of action, promises, covenants and demands, which I have, or claim against him, up to the date of these presents. In WrrNEss whereof, the said parties to these presents have

nfty-tour.

hereunto set their hands and affixed their seals, this tifth day of June, the year of our Lord one thousand eight hundred and

m

Signed, Sealed

and Delivered,
)
(
''

in presence

of Styles Holmes, L. H. Jones.

H.

Piper.

rSeal.l

Stephen Dill.

ISeal.]

RELEASE TO A GUARDIAN.
these Presents That I, Edward Lewis. City of Montreal in the Countv and District of Montreal, o4 the Province of Canada, having attained the age of twenty one years, do hereby acknowledge. That I this day
:

Know

all

Men by

ot tJie

and of and tiom the said legacy or legacies, action or actions, suits, debt;.i dues, sums of money, claims and demands, whatsoever, inlaw or equity, under or by virtue of the said guardianship up to the date
ot

forever discharge the said Andrew Hall, his heirs, executors, jidmmistrators, of and from the said guardianship,

have had and and from Andrew Hall, mv guardian, duly appointed by my late Father, [or by an order of the Court holden at, within and for the County of HI the said Province, on the day of jn the year of our Lord one thousand eight hundred and \ or as the case may be,] the sum of two hundred and fifty pounds, cursatisfaction and payment of my share of the " Estate l?"u^u f"" both Keal and Personal, of my late Father James Lewis, deceased And therefore I do, by these presents, release, acquit, and
received, of
;

and

these presents.

In

unto set

and

Witness whereof, I the said Edward Lewis, have heremy hand and affixed my seal, this day of ^" *^^ ^^^^ °^*^"^ ^^^^ °"® thousand eight hundred
'

fif

Signed, Sealed and Delivered,
in

presence of Oliver Stone, Adam Bates.

\

Edward

Lewis.

[Seal.-]

}

RELEASE TO AN EXECUTOR.
Know all Men by these Presents That We, of the I own of in the County of
: ,

the

I

ti\vz.iiiiGxti

rovmce of Canada, grocer, and Elizabeth Ball, my wife. I'ate iiowiand, one of the daughters and legatees' named in
^^^
the

Charles Ball of

;

" iiiaiiiwfMwminit

i

tmmn n-kat^-

-.ii^ i

mm'w

UBCHIi

rOEMS XSH LAW MANUAL.
claims
In
ai

the will of Oliver

County .of the said Province, deceased, do hereby of James acknowledge, That We have this day received of and frorn

Howland,

late

of

,

in the

the estat

Wr

the said Uliver Smith, executor of the last will and testament of pounds, Howland, deceased, the sum of three hundred and seventy Province, in full satisfaction and payment lawful money of this bequests as are of all such sum or sums of money, legacies, and the last will given and bequeath to the said Elizabeth Ball, by And aforesaid, and all interest accrued thereon and testament Ball, my wife, therefore. We, the said Charles Ball and Elizabeth discharge the do by these presents release, acquit, and forever
:

hereunto
and fifty. Signed, g

D
This mj the Coi hereby ac
in

ml

James Smith, his heirs, executors, administrators and suits, debts, dues, of and from all manner of action or actions, law or sums of money, claims and demands, whatsoever, by virtue of the said last will and testament, or equity, under or Howland against, or out of the estate of the said Oliver and Elizabeth In Witness whereof, I, the said Charles Ball hereunto set our hands and affixed our seals,
said
assigns,

m

describe

tl

Ball

this seventeenth

have thouday of June, in the year of our Lord one sand eight hundred and fifty-four. Signed, Sealed and Delivered, ) re n [^aU Charles Ball, { in presence of L^ea^J ( Elizabeth Ball. Samuel Davidson,
wife,

my

by Jones, sho County of
hands,

and

my

le,

aae, benefi

Jones,

and
o
or b

or either
either

W.

H. Richmond.

)
an
itn.

KB.— The above form may
married person, or persons.

to be so changed at to be equally applicable

In

Witn

my

seal, ti

thousand e

RELEASE TO AN ADMINISTRATOR.
Harby these Peesents That I, Wellington in the County of rison, of the Village of the only son (,oras of the Province of Canada, general merchant, of Toronto be) of Lewis Harrison, late of the City the case may said Province, deceased, Who died in the County of York, of the and day have intestate, do hereby acknowledge. That I this

Signed, Sci
in prei

Know

all

Men

:

S.

^

,

,

JOHl

h^

Tuta Ink
City of

of received of and from Albert Jones, adminisirator sum of two hundred of the said Lewis Harrison, deceased, the full satisand twenty pounds, lawful money of this Province, in or payment of all such sum or sums of money, share faction and were due, owing, payable, and shares, and dividends which on account ol belonging to me, by any means whatsoever, for or Pergonal, portion, of the Real and Personal {or my full sliare, or deceased And as the case may be) Estate of my said Father, by these presents therefore I, the said Wellington Harrison, do and forever discharge the said Albert Jones, his release, acquit, of and from the said heirs, executors, administrators and assigns,
;

the Hastate

Moi

Canada, ge
Johns, in sa

second part
has leased,
the first

daj

second part,
that
is

to sa

Street, in

sa

«aid Street
fifty

feet in

^

the

and from all share or dividend of the Estate aforesaid, and of actions, suits, debts, dues, sums oi money, manner of action or claims 140

same be
s.\

iog in th(>

MA8B OF

8T0E1S

AKD DWBMHrO.

claims and demands whatsoever, in the estate of late Father, up'to

my

In

Witness whereof,
'" '1"

I,

the said Wpllm^/^!.

law or eonifv in - j the date o?"hL'presltr"

u

P.®^®'^'^-

•nd

fifty.

y'" "f ""

I""!

o" 'tousaod

eight h„„'3',^'

Signed, Sealed and Delivered, . in presence of )

James Hall, Daniel Oliver.

(

Wellington Habrison.

y

••

(Seail -I

DECLARATION OF TRUSTS
hereby aok„„V,edge.
hands,
Jones,

J

deoik e

Tha? a

„eS^

^^^n""';,""
">y

by .„^ i„ ,™„ fo, shoemaker, both of the

"^^>, '£y,^"^/J«j»^i"
Town
of

Thomas

S:dT,?^a. representalilt^^t^^^^^^^^^^
or either
either

--

of them,

fhatXTp

or both of said parties.
this fourteenth

X' the'sTme'T'tIr
Eben Downs.

^«e same, tor the ^'^"i use of

I have hereunto set mv hand anH »fR ^ day of June, in the y^ar of our Ln^''^ ^^''^ ^"® Uiousand eight hundred and fifty-foir, bigned, Sealed and Delivered,

In

Witness whereof.

my

seal

in

presence of Williams, John Sloan.
S.

]

[Seal]

LEASE OF STORE AND DWELLING.
Tura Indenture of Lease, made betwe-^n Seth H«I1 ^r .k City of Montreal, in '-^^ '^® the District of Montreal of fh« p Canada, gentloman, of the nrst par and r n '^'^'''''^c?^ Johns, in said District °/ ^'• and aforeS^iH second part, Witnf^eth : the J' ^Jh^^SS^^^'^"
'
I

SSe tC

HenL T^T^^^' «aSZ!
^' '^ "^«

tXarJ^^^Thtr^p^^^^^^^^^^^
Street,

-^

p'rA"

|at.£3i,^^^l:^trD:S,-3^J^^^^ "*'®", ®" ^o^re Dame
m said Citv
bpino- ]V«

u

-

- ..„_,^

.

.-.^^^^ „ii„

jjjg

^g^j^ UiKier,aad the Dwellin|^

:

.t^^^i^tE^ma

mm.

-'

s/it».Am*<t^imvii«mi>>^

.

lEOAL rOBMB AND LAW MANUAL.
said leased comprising eight rooms, all the line over said Store lessee who has seen anc be ng well known to the said presents, and the execution of these

iSses

rxamfned theime before he and wUh the said leased premises,

is

content and

satisfied.

following stipulations viz TmsTease is thus made subject to the customarily made by shall make SU repairs Siat thrLessee thereoi, lease, and at the termination tenants during the present premises in the like condn.on as the said shall peacelbly surrender wear. fire, and unavoullentalen possession of, reasonable tear, Anu that he shall conJanUy^-P^^^ excepted ; Tbl c according to aw, lor the secuhPrebv leased premises furnished, not make over hereinafter stipulated he shall rhv o the rent or any part lease, or sub-let the whole h^7in ere' ttn the P esent without the consent ot the lessor p *l. nrpmises hereby leased, And that during oUin^d in writing for that purpose beit of the shall perform all the requirements Se sttiJ erm, the lessee

Sies

;

£

;

noliee

Cs
S

further agkeei., That the C.ty and S; depanments. It is lessee, {or the lessor, assessments shall be paid by the and consideration Tnis Lease is further made TtheTlmav be;) lawful money of Canada, for sum oHour hundrexi pounds, he for the said term of five years, the aforesaid pretaises, rent August next; which sum the said lessee fror^the fi St day of and truly pay to the said lessor and obliges himself tS well payments o representatives, in equal quarter-yeai'ly ohfs legal payment the shillings, currency each eiJhreeu pounds fifteen the first day ot whereof to be due and payable on

m

1

S

bS
fi?st

;

payment

^Sed an^Sealed, in
eighfhdayo?Jun\
hundred and fifty-four. Witnessed by Charles Dole,

duplicate, at the City of Montreal,

tl^,

"^^ thousand

eight

Seth Hall, h. lovejoy.

[Seal.
[Seal.

Henry Lewis.
imtead of District.] [For Canada We»t say County

ANOTHER LEASE.
made this twelfth day of June, in This Indenture of Lease, hundred and fitt^-fou. our Lord one thousand eight the year of m the , of the Township of hPt ween Douglas Williams, Province of Canada, merchant, of the of said Townshipot ofTe first part and John Adams, of the of the in said Province, yeoman, , \Z rountv of said party of the first part the "cond ;a t'wiTNKssETH: That party of the second part,all demise and lease, unto tlie said To hold for the erm of (describe the premises ;)

^ wv

,

;

Sh T^

hereof; with^aU^thepri^^^^^^^^^^^^^^ ^eari, from the jiv.«..»5 "•- r-j - -= nances, tuereumo ueiuugiwg ,
-

dL

-

.^

142

on every first of party of the flm par,, or
pounds, lawful

,i

«•

i

assig^^Z Xly ^l.T „,o„ey of Ca„ada*i„U e^^u^/^tl,
,,s

""° ^"''

,ua„e,.

;

I

covenants to pav the said rent
liver

to«>« the rent, ^^T^l^t'^^^'^Zotltt'l^'^
,n

r^l^ ^

^

up said

may

ney. peaceably and quieX a^Ihf !, '? ^''•'i' ^'« AttorgoJd condition as the sam/kre "^?"^ '^'•^' ^^ «' now tear thereof, and fire anrother carJaHr"^''^". "f ^' ^^'^^^ ^"^ all taxes on said .'"^ *° P^-^ described pr^Li^sesaL "''^' "^"""^ s^'^ term, do, or sufler any waste in I'm? P'"""''*^'' ("«'• ""^erlet the same, or any L^^ thereoM to occupy the sami, '^'^^ P^^«°" ^InyTart m^f ""'' '"^^r ^^^^ to be made, any alteration t Lei nwfthnn fTv, ^^' ^^^ said party of th'e first part, ThTs a^sTgns Umt'n?""' also, that said party ^"^ ^ 'P°'' of the first part ?

'^"^ ^ri^osaiSpartHfthlfT"''^' °'

*"^ second part ^'^^«-

?^

Z 1T

w^ ?f

i

ito^n^

t

.mprovement, atVeasonable times^rthe inTe""^ Iw Witness whereof, &c., Other covenants may be inserted in a lease.

or hi^ enter the premises for the^purnol of

'

dt ^

"S^"^' vf."^^ ?''"^'^'"^ "'

^»t.

Covenant to deduct half the ta,e,fro,n the rent

re.fa?oSnTifaK^^^^^^^^
on the premises, and

PaidtjS^S'^'J^JS^^

tM'^^^

-^^^"^^e

the said party of the second part will not If or suffer to be pastured ^"^ *''"«' upo v\l "^ any part thereof, any larger f^mises, or stock of cat?^,h pastured thereon,
pasture

And

S ^ T.f

in^wo^extpreceSfnf^^^^^^^^^

'•!

"* ""''"'•^ '^ •" « »^'^bandman4ike manner ^T"^"^ the said party Of the second part Ti manage and carry on said DremiJl .no L will 7n ^" respects, u' " n^. according to

^'^'

A ^ And

.u

L cirS Cury^^
'""'* '^"^
*•

second part xviu\Zl employ in ploughing^r tillage, a H"'*"i'iiy oJIa'Jtr^ ot land than acres, at any one time nr \n ««,, ' term hereby demised " ^"^ ''"^ y^^'' ^"ring the 143

A n.1 And

*'* ^"''*""'' ""' ^ ^'^ tV, the said party of the

^'^<^i^ Quantity

greS q'^

5t/i,

^imimmkmmiimm*

MAIOTAL. LBQAL EOBMB AXD LAW
keep 6th. Covenant not to

a Tavern.

I

And

.hat

„. person .h.n

'e"'

-.J'^" ""J „trV«w"hl»

LEASE.-(S»ort Form.)
\

City of of the Town, or r,'/"f the merc^^^^^ the Province of Canada Sf ot or City Johnson, of said Town Province aforesaid, ^ra^f ^^^^^^^^^^^^ pan

first
.

part

;

and Henry

to

Wit:-The «aid ^(.^^^^^ g^^ate and^^ part his House. Store, ^^^ ^^^^.^^^ .^ of the second .V or City ot ^^ September in the Town, of ^h^b^^ for the term second part, agrees to J^^^^' Ahd tbe sam p^ty of the next ensuing. ^^^ ^^nds, currency, the pay for said term, "[^^^^^y^ ,, i^se the same nor ^^J*""' » ^"^ without payable on ' .fl-.-sive trade therein,

parg

<^f

the f

ft^st

^s

^^jj^^^^ to the said party

^

^^^

^

°' the written '=»"»5»'

'J^iSoHf this lease,
'f

S^Lt ,'^Mditiomep-. ''^t h.^ will ^ ^"'^^ *' '""' ^'^ «^em«n'^
fails to

and to leave the unavoidable easuah.es ex"'

** '"""*

"^
of

perform

this

j

,i„,^, „, ,he

Town

Executed, S'^jf

J^fj^pire,
)

one in'the year of our I>»rd

and ffty-four. thousand eight hundred
Witnessed by Cbau.es DolSt
\
)

Douglas Wiu-umb,

I

S"}!

Hexbt

JoHNiOH.

l°«*J

Hekby Lbwis.

TK. * T rharks Jones, of the Town Charl«s Jones. to cKBTirr, THnt I, ^ ^^^^ ^^^^ ^^^ ^ ^ ^ ford, have this «: ° ^o of the said Town, merchant, my oi ^ne sai Hmcks, Rented, unto WiUiam
Tbis
is

OF RENTING LANDLORD'S CERTO^ATE of Brant-

IroTaU
in the

appurtenances vani, garden and

J^ out-buildings. -^^^^^^ wiin a Town of Brantford, together^he «aid Pi^^^^ belonging. b^^^ to
sole

Dwelling,

known

'

I^lhl

%o commence
quarterly
.

and uninter-pt«d «^^^^ tor and every part thereot. premises a»y^ the

^ ^of T«kk
^

Y.abb.
^

^^^^^ ^^ ^^^ y^

Canada, payable
JoH«a.
TiMAirr'*

L^""

""'

"^

Ciablm

144

LETTBRS OW BUSINESS.

TENANT'S CERTIFICATE OF AGREEMENT

winpay rh:as,es.rr!rf.hKJd"pSi::n"''' ""• ""^

Dmed at

Bramlord,

this

"

day of

,

AD.

1854.

WlUJAM
Notice from a Landlord to a Tenant.

IIiNcxa.

'

To Mr. Henry Johnson/

^°''"''^' Willi'ams.

LETTERS ON BUSINESS.
writing letters of business, is wZTle'ZLTr-'''''''^'^''' '^y^ ^^'^ Chesterfield. «in extreme clearness and persoicuitv • every paragraph should be so clear and unambigZs that the' dullest iellow the world may not be able to nor b^

m

obhged to read

it

twice

miSe

i

Se Js^T' ""'"
Answer
SiK,

order to understandT Th s Sece^ " ^^"'^^^"^"' "'^^^"^ excluding an eTe
in

LETTER
to

I.

an Advertisement for
^"^

the Situation of a

Ckrk

in the «• Transcrint" P'"'""' "^y^^'f t« yo"'" notice, as beTng 2li r fill the fied to fii^' v,^'^'° situation referred to-that of Clerk amf Book keeper in your establishment. I have long been
.f fK-

i" ^7!?"

^" advertisement inserted

31
to

accustomed

Sum oftelth' '""'r' Ill-health, continued
count

last

engagement^hich
believe,

TtaZV:.

for the

which time, as

I

am

prompted to

space of five years durim, from the

^^ ^'"P'^y^''^' '"y '^^^^^^^^ gave them Sf fulkst satisfaction. "^^ present letter will servf as a specimen of my hand-writing, and f beff to add th.t i o,» 1^1.^?!.^^^

STZ" ?i-

LterZ

My

^

book'

mm

llOAL TOBMB A»D LAW MANUAL.

y™ fi Sr Messrrj«wltl&
Sh„u d
?he
Ihe beliel'

.0

commumcate wilh n,y late employer.
Quebeo,! have
eonfl,lence

Stearns, of

m

of me. that they will speak favourably 1 am, Sir, Your obedient servant.

LETTER

n.

a Clerk. Application for the Character of
Sir, ""'

one of TTivino- lately parted with
a'i^Tinc'e^:

my

clerks,

a few

Ke MontreaP^T.a|.erjj,t..-

rS„;:l:ro uf: applicants, there i^"'

tiat.he capacity ot clerk during wComewhat pleaseS witl his address and i'^atrfourTe'ars character as to capability and banner and^ifhs pretensions

=

«^1- -ow

1

advertised,

o

Hammo^: l^rtel,(n,e

'hiwle
f^rn,t
'l

pi

An

rcl «um^^^ tS answer
ear y
.o

\l

to you have

|ve

to these inquiries, with any you may know aboo, in reference to what
oir.

"« '"" -'"'")°-™"''f'"'°"° informa-

oblige. him, will extremely

Your very
LETTER
In answer
^'^'
to Inquiries
UI.

obt. servant.

respectmg

the

Character of a Clerk.

morning, and in reference w Your letter reached me this I our ict that he Hajml on 1 Mr TT„milton I beg to inform you ^p^ard. n„y knowledge of ^l^^. ,^^^,,\-,, marked with Tfl^lr duHng which time his conduct was of four years dunngw
^^ business,
1

always

™^"^*
I

am, dear Sir, Yours, most respectfully.
.

146

""»

UiTIBBS ON BU8INKS8.
LETTER
IV.

From a Trader
Sitt,

in the

Country

to

a Merchant in

the Citu •^*

to you by Mr. Harris with served my apprenticeship, I h/ve ' heVwi^^h"ent a small order, as under, which I hope you will execute on as ^ood terms, and with the same care and dispatch, as for the rest of your correspondents. After having given me the usual credft w. rem. you the amount in cash ; and if you treat me we 1 w.Il om.t no opportunity increasing my commissions, and testifymg that I am, with mu. a r.'spect.

whom

Having been recommended

I

T

'•

Sir.

Yours
LETTER
V.

respectfully.

A
Gentlemen, We beg

Wholesak

to

a Retail Firm.

worthy of your notice.

to inform you that we have lately opened a larce establishment the (Fancy Goods line.) and have provided fn extensive stock of the choicest goods and the most fashionable patterns. Soliciting the custom of your respectable Firm, we at the same time desire to assure you that any orders you mav favor us with, will receive our best attention. have a few choice samples of ( ), a rarity at present, and vvell auu weii

m

We

.

We

are, Gentlemen,

Your most obedient

servants.

A
Sir,

letter VI. Gentleman proposing his Son as an Apprentice.

I understand that you have a vacancy for an annren anxious to place my son under your charge, in order that he may acquire a competent knowledge of your business which he seems strongly inclined to follow in preference to another I know not what your terms may be, but if favourable 1 shall have no objection to complying with them ; and with the view ofsetthng that point, shall be happy either to revive a note from you, or to meet you at your own, or my house. Allow me to add, that my son has received a good plain education ully addequate to al the requirements of a man of business,

As

nee

I

am

hat

I

think you
-^

would

find

him of a

and

^^^''^°"

cheerful and pliant disposi-

bstr°

'^""^ quick in receiving any kind of
I

am,

Sir,

Your very obedient
147

servant.

LETTia

/>

IMAGE EVALUATION TEST TARGET (MT-3)

1.0

|50

'™^

M
2.0

1^
I.I

1.8

1.25

1.4

llllil.6

V]
<^

/]

"^
>^^

\

%

> %".^'
0%
c>1

o^

A \
O^

^

-^

w

Photographic Sciences Corporation

33 WEST MAIN STREET WEBSTER, N.Y. 145«0 (716) 872-4503

%

%^

<?

LIOAL lOBMS

AlO)

LAW

MAJTUAIi.

LETTER Vn.

On

Retiring from Business, and Recommending a Successor.

r • j that we have many triends among who will regret to hear that we are just upon our connection doing so, our extensive the point of relinquishing business. In hands of the Messrs. stock of goods will be transferred to the Wilson, who will, in future, carry on the busmesson Hutchins «fe approved system, and the same extensive scale as our-

Gentlemen,

We flatter ourselves

the same the patronage of our selves, provided they can rely on receiving and duty to in the hopes of which, it is our pleasure connection need scarcely present those gentlemen to your notice. mode of conductspeak of the confidence we feel in their liberal their business, and their strict attention and punctuality in ing will meet mercantile transactions. Feeling assured that they from your Reswith the same countenance received by ourselves firm. pectable beg to subscribe ourselves Your obliged and Most obedient servants.
;

We

We

MM'
CO-PARTNERSHIP.
Agreement of Co-partnership. in the County of William Harrison of the City of of the Province of Canada, and Joseph Stewart, of aforesaid. Agree as follows, to Wit :— the said City and Province The parties agree to become partners for the purpose of buyusually kept for sale or purchaing and selling goods such as are
,

sed at a

retail store, in
,)

the City of

,

{or

Town

of
of

for the

term of

five years,

from the date

these presents.
Firstly.

The

Harrison

& Co.,
be.)

style of the said Co-partnership shall be street, in the City aforesaid.

William

No

five hundred Secondly. Said parties have each contributed the currency, as the capital stock of the said firm, {or as pounds
fact

may

and all expenses Thirdly. All profits shall be equally divided ; be equally borne in common. of the business and losses, shall time and attention Fourthly. Both parties shall give all their for the common benefit ; and neito the business of the said firm, or business for his private bether party shall engage in any trade
nefit.

kept, which shall Fifthly. .Correct books of account shall be legal reprealwayr be open to inspection of both parties, or their all moneys receisentatives, in which shall be regularly entered

1

.

1

U

11

148

ed

A CKBTIPIOATB OP CO.PAETNBESHW.
I

:.

la

every year, and oftenpr

if r»«.,

f j

^"^.a» »» often as once

wnttenyconsent of the other.
parf;f
of the

any person, or bind the firm as sCety Tn anv o^T'!!!''"'^ ?' ^' '^•^^''"^ ^*»e

^

®'

SpptdThTs 7JnZVe^l ""'^^ ^^f'^^^- V either """"«" ^'^"^ent other
party

I'l

and

rev«;v ,?T

*u^

day of June, in and fifty.four.

heL'll^Tthdrr^S's I'd ri' K'^?

tieS of our ^

S
^""'"^

*¥^ P--"t«

have

'^Ju °"^ thousand
xxr
T

''^'^*^'^ eighteenth
eight hundred

Signed, Sealed and Delivered, ' in presence of

^
I

Hbnbv
Ko„.-The

ToBiir,

>

« ^^''^^^o^'

l^ean

first

entry in the day-book should be the abo.e .agreement.

AGREEMENT TO

CO^E A PARTNERSHIP.
Land
?uleVt^^^^^^^^^^

.y^^'^' '^ ^^^ of be accounted frnm?», the expiration of from the years dav of thousand eight hundred ""^ °"' ^^'^ °"« and * with^^fth provisions and restrictions herein contained

within mentionel f us so long live, to

^'^^ ^-^^p*^ «^--^' ao by^h?s: ^^n;;str^i'j^!f^^^^^^^^^ unto and with each ^"^ ^^ree, otrer th?!^ ' ^^^^"tors. administrators and assigns ^Z''^' to cont nu?!! f

Ae

''"^' ""*^ partnership,

'

In

Witness whereof, &c.; (^s in

the preceding.)

A CERTIFICATE OF^O-PARTNERSHIP parSs?i;:uX^thTnTmItd^^^^ ^"'/f"^- ^-^ ^--ed
That Hen?; Johnsol;. of
special

^

^™ 1^°?'^^^^ ^ ^tephevsox a
:

."s

pCeffTj r"^^!l

-d 'w^Lt^^S.f:?'--^

^'

hundred

f
IiXOAIi

rOBMS AMD IiAW

MAJ^TTAL.

hundred pounds, currency.

The business to be conducted by the Commission, and , is a General said firm in the City of Forwarding Business, said partnership commences on ,
and is to terminate on Dated at Toronto, this Witnessed by
!

day of

,

A.D. 1854.

Henry Johnson.
Jas. Stephenson.

William Colt.

A DISSOLUTION OF PARTNERSHIP.
William Harrison, of the City of , in the County of of the Province of Canada, and Joseph Stewart, of the said City and Province aforesaid, Agree as follows, to Wit The Partnership existing between the said parties, under the firm
,

Harrison, for pounds, currency, paid to him by the said Joseph Stewart, grants and assigns to the said Joseph Stewart, all his interest and right, in all the goods and stock of said firm, and in all the debts and demands due said firm With full povv^er to collect them by suits or otherwise, in

of

,

Is Dissolved.

and

in consideration of the

The sum of

said

WiUiam

:

:il!i

the name of said William Harrison, and for his own use. The said William Harrison agrees that he will not do any act by which said Joseph Stewart may be delayed, or hindered from collecting any of said debts, or demands ; and that he will, on request, execute any proper Instrument for enabling said Joseph Stewart, to collect the same. The said Joseph Stewart agrees to pay all debts and demands existing against said firm, and to indemnify and save harmless said William Harrison from any loss, cost, damage, or expense, to which he may be subject by

iSP'

reason of the same. to these presents have In Witness whereof, the said parH day hereunto set their hands and affixed tueir seals, this eight hundred of , in the year of our Lord one thousand

and

fifty-four.

Signed, Sealed and Delivered, in presence of Wellington H. Richmond, William Tobias.

Wm.

Harrison, Joseph Stewart.

iSeal] [Seal]

NOTICE ON DISSOLUTION OF PARTNERSHIP.
Notice is hereby gfven. That the Partnership lately subsisting between William Harrison and Joseph Stewart, both of the City under the firm of of , expired on All debts (or was dissolved on , by mutual consent) owing to the said Partnership, are to bo received by said William Harrison, and all demands on the said Partnership, are to be presented 150
, ,
.

#
III!

BESPECTIiro

POWBE Ot ATTOENET.

tnis

day of

A.D. 1854. Harrison, Joseph Stewart.
,

Wm.

partes

to all persona

S?h\"iS7™la'^^^^^^ who have dealings

^S fhe compin^

"""^
'

''"^*

«i

dissolution of a ^P^^'"' "«'^«
'"

it

NOTICE

WHERE ONE PARTNER LEAVES THE FIRM
all

Charles Henry,

deb?s due to the ;«?H p'

f '^ u '"' *° ^^^

^^^^^

under the firm of Boles a

Alt*' """""^ "'" "^ '=»'«'''"«'
".

ANOTHER NOTICE OF DILUTION OF PARTNER.
The Business
heretofore carried on
tu\c

n*

i

>

Franklin Bolton,
Montreal, June 27,
1

364.

^""'' ^-

"^"^'^

RESPECTING POWER OF ATTORNEY

at;.„eSno^S£S*™°—
effect

^^^^^^^

c^lfeotS"^-^"'-?*-^^^^^^ ^" """"''"'y "^^^"^ °f executing

it

with

being genuine or authenf io

?/ ;! .k

7
^'"''''^^

'*^

evidence of

its

Mayor of a town.
151

^"'^ ^' *

°f the Peace, or trENERAL

l<

UGAIi rOBMB AJm LAW MAiniAL.

GENERAL POWER TO TRANSACT
Know
:

BUSINESS.

bt

all Men by these Presents That I, Henry Piper of the City of Montreal, of the Province of Canada, merchant ; Have hereby made, constituted, and appointed, and by these presents do make, constitute, and appoint William Dole, of the Town of in the County of , and in the District of , of the said Province, trader, my true, sufficient and lawful attorney, for me and in my name, and for my use {here describe the things to be done ;) And for the purposes aforesaid, I do hereby grant unto my said attorney, full power and authority to do and perform all and every act and thing whatsoever requisite and necessary to be done in and about the premises, as fully to all intents and purposes, as I might or could do if personally present, With full power of substitution, and revocation, hereby ratifying and confirming all that my said attorney or his substitute shall lawfully do or cause to be done by virtue hereof. In Witness whereof, I have hereunto set my hand and seal, this twelfth day of June, in the year of our Lord one thousand eight hundred and fifty-four. Signed, Sealed and Delivered, x in presence of I n c? 7n L«^«'0 ^' ^"''''' Samuel Holden, \ ^ W. Sethard.
, ;

u

i

Another General Power to Transact Business. all Men by these Presents: That. I, Wellington Harrison Richmond, of the City of Toronto, in the County of York, of the Province of Canada, author and publisher ; Have made, constituted, and appointed, and by these presents do make, constitute, and appoint, and in my place and stead, put and depute, James Jones, of the City of Montreal, of said Province, merchant, my true and lawful Attorney, for me, and in my name, and for my use, to ask, demand, sue for, recover, and receive, all such sum or sums of money, debts, goods, wares, and other demands whatsoever, which are or shall be due, owing, payable, and belonging to me by any manner or means, especially. {Here

Know

particular reference should be made to the main or principal object or purpose in view, and for which the power of Attorney is more especially granted.) Giving and granting unto said

my

I*'

ii

Attorney, by these presents, my full and whole power, strength, and authority in and about the premises to have, use, and take, all lawful ways and means, in my name, for the purposes aforesaid, and upon the receipt of any such debts, dues, property, or sum of money, {as the fact may be,) acquittances, or other sufficient discharges, for me, and in my name to make, seal, and deliver.
;

r

i

And Generally,

all

and every other act or

acts, thing or things,

152

in

POW35E TO COILEOT DEBTS.
in the

law whatsoever

npp/1/V.i

„„j
fn

^"d to ali^/'J^'^^**^ '"^^"^' «"d purposes, as might or could I my. 170^^,1 J, unto my said Attorney ^'"'"^ '-^"^ g'-^nting ^ther^l^f ^JT""'' ^"" P^^^ «"d autiTority make, constitute, and to emnlov onf„*' '"''''• him for the purpose afTesLan/ ^"T">'' ^° ^^^ ""der •'''^^^^'' '»^^"» ^' pleasure. hLebv anrhoE'"/'' « all and whatsoever ^"^ ««"««^"aJ. my safd Annr^^^^ about the premises, by ^ ^"^' '° " ""^ ^/rt^e
^^' "^««"^*''
self

about the premises, for' perform, as fully and

1

amX

me

an^

"'"''^'^ ^° ^^ ^°"« i" ^nd

iffii

\

ra?S

m

hereof

#

i

thousand eight hundredY„Sy,'^^^^^^^ '^' ^''^ ^^ «"•• Signed, Sealed and Delivered
in

^-d

one

presence of

'

Peter Snaith, Samuel Holder.

W.
!

H. Richmond.

[Seal.]

REVOCATION OF A POWER OF ATTORNEY
^o^uZn.'^i.f^ColZ^^^^^^
of York, of the Province of Can Attorney, bearing dal^fL twelfth our Lord one thoLand
constitute,

-^--

S

['

Welling,

•'''°?^'

% ghtTutdtd and apnoint
Jam^V T«l

t'^^"^
?

*^^ <^o"«ty ^^ "^^ ^«*^«»- «f
'"

'" ^U^^^^^^^^^^^ W'^our, r

tV'^' "^ Djd make,
for

do revoke counf^ir^^' ^"^ T'^'' ^^'^' '^"^ by the said Letter of ^""!?'' ^""^ "^^'^^ ^^^d, Attome'v and all n given, or intended to ^ .f^S'r'^ ^"J^^"'^ ^^^''^by In Witnfss wu^Z^^ ? ^^'® ^^'d James Jones. """'°'' ^"^""*° ^'^^ -y ^-d and affixed davTf Lord one thousand eight "" *^^ ^^^' ^^^"'" hundred and fifty- ' Signed, Sealed and Delivered
these presents
'

have revoked, countermanded

oM^orn^) rb^iht said Wp7^.r'^' ^^"^'^^^ ^/^ ^^« Now Know ye That I tL ^"^ said wi^ tf °'" *""y ^PP^^^H
ie«er

Province aforesaTmerchTnt me, and in my name to &p

^vt,f '^^I^l'^ ?^ ^°"'^««'' ^^^ "^ ^"^ ^"^•'"^y

%

'r^"'

aST^"/^'^^

Richmond

nZr
in

Sen 1 fl'
'

^

presence of

)

H. Piper,

Horatio Hill.

( *

W. H. Richmond.

[Seal.]

POWER TO COLLECT DEBTS

ta^ r^^^^'

M n

^^^1

Sff;
^^^'
'

m
^9

Bond,

J*

::".

i-^^^J j.u..tjimM

Wlfttf

IiEOAIi

F0BM8 AKD lAW MA.KUAX.

Town of Simcoe, in the County of Norfolk, of the said Province, trader, nny true and lawful attorney, for mo, and in my name, place and stead, and for my use, to ask, demand, sue for, collect and receive, all such sums of monev, debts, rents, dues, accounts, and other demands whatsoever, which arc now due, or shall become due, owing, and payable, to me, or detained from me, in any manner whatsoever, by Samuel Piper, of his heirs, executors and administrators, or any of them, [or by
Bond, of the
,

any person or persons residing in either section of the Province of Canada ;] Giving and granting unto my said attorney, by these presents, full power and authority, to take, all lawful ways and means, in my name, to do, execute, and perform all and every act and thing whatsoever, requisite and necessary to be done, in and about the premises, as fully and amply to all intents and purposes, as I myself might or could if personally present, for the purposes aforesaid, and upon the receipt of any such
debts, dues, property, or

sum of money,

(as the case

may

be),

acquitances, or other sufficient discharges, for me and in my name to make, and deliver ; With full power of substitution and revocation, hereby ratifying and confirming all that my said attorney, or his substitute, shall lawfully do or cuuse to be done,

by virtue hereof. In Witness whereof, 1 have hereunto set day of my seal, this Lord one thousand eight hundred and fiftySigned, Sealed and Delivered, in presence of
r
'

my hand
,

and

affixed

in the year of our

David Wilson,

^^^^^

rp^^^^^^

^Seal]

Henry Dixon.

POWER TO TAKE CHARGE OF LANDS,
M-1

&c.

That I, Charles Welling County of of the Province of Canada, carpenter and joiner Have made constituted and appointed, and by these presents do make, con stitute and appoint, John Reynolds, of the Township of of the said Province, yeoman, my in the County of true and lawful attorney, for me, and in my name, place and stead, (here name the lands and premises for which this power is granted ;) To exercise the general control and supervision over the lands, tenements and hereditaments, described as above, belonging to me, and situate in the Township of of the Province aforesaid To in the County of prevent, forbid and hinder, by all lawful means whatsoever, the commission of cutting down trees, or of any trespass or waste upon the same, or any part thereof: and at my cost and expence, and under my advice, (or under the advice of my counsel A. B., OS 154

Know

all

ton, of the

Men by Town of

these Presents
,

:

in the

;

,

,

,

;

rOWEB TO BFrscT INSUBANOB.
at the case

and receive, consequence
the

may be,) of comDound

.„ „„
for

/.
.

nn^ A

'

ouCcLmiHsZ
h,r „.;

above described

Dart thprpof

STZTJL tenements

alT^"^ ^^

^'"'^

^T*

„ ^°"^°*' rocover "^^^ ^^^--"^ '" ^^ ^^'^'^

1|

^T^^'v and hereditaments, or"P°" anv

Ml •!

4

.'

\M

tny'^seaTr"

"""^^ll^T

^^--*° ^^-y
'

Lord one thousand eight Lndred and Signed, Sealed and Delivered, in presence of

'"

h^nd and affixed ^'^^ °^ ''"''

'I;

Henry West,
Jacob Fbench.

Charles Wellington.
!

[Seal.]

Know

POWER TO EFFECT INSURANCE.
all

Men

by these Prehpi»t«

of &c., [as in tie

Power

to

c"S rL

T^o*

t

o*

fcjj'

?

i. tt .^""j """'»''''

expiration

Sot To renew t^'^S'v T^ ?"/"
a"d

'""B' »• "' <l>e

whatsover, requisite

^60^
""''^""^

o be

do^rirnH »h TSF
•tit

i.i.p

'

virtue
I.V

hereof

'''''

" "«"''= "- be done,
.e.

by
4

W,T.v,.s

™..„r,

I

have hereunto

my hand and affixed my

L

li.l

}

BEBB2]

ggBSBBBs

lHQkL FORMS AND LAW UKSVkZ.

my

sea], this

day of

,

in the year of our Lord

one thousand eight hundred and
Signed, Sealed and Delivered, in presence of
.

Charles Henry, John Amderson.

Stephen Howard,

[Seal.]

POWER TO SELL AND CONVEY REAL ESTATE.
Know
all

Men

by thEvSE Presents

:

That

I,

Wellington Har-

rison Richmond, of the City of Toronto, in the County of York, of the Province of Canada, publisher ; Have made, constituted and appointed, and by these presents, do make, constitute and appoint Horatio Otis, of the Village of , in the County true and lawful of , ot the said Province, tinsmith, my attorney, for me, and in my name, place and stead, [here set forth
1

\

Power is granted fori] To enter into and take possession the lands, tenements, hereditaments and premises whatsoever, in the Town of , in the County of , and Province aforesaid, to or in which I am or may be in any way entitled or interested And to grant, bargain and sell the same, or any part or parcel thereof, for such sum or price and on such terms as he shall think advisable, and for my benefit, and for me, and in my name, to make, execute and deliver good and sufficient deeds and conveyances for the same, with the usual covenants and warranty ; And until the sale thereof, my attorney is hereby authorized to lease the said real estate, on the most
what
the

of

all

:

and ask, demand, distrain for, collect, advantageous terms recover, and receive, all monies or sums of money which shall become due and owing to me, by means of such bargain and sale, or lease ; Giving and granting unto my said attorney, full power and authority to do and perform all and every act and thing whatsoever, requisite and necessary to be done, in and about the premises, as fully, to all intents and purposes, as I might or could do if personally present With full power of substitution and revocation, hereby ratifying and confirming all that my said attorney, or his substitute, shall lawfully do, or cause to be done, by virtue hereof. In Witness whereof, I have hereunto set my hand and affixed day of my seal, this , in the year of our Lord one thousand eight hundred and
;
;

Signed, Sealed and Delivered, in presence of

r
'

John Adamson, Henry Matherson.

y^^^^^^^^^^ h. Richmond. [Seal] •

^

156

Substitutiom

OUSTOM-noUSB POWKB.

SUBSTITUTION OF AN ATTORNEY
Provmce of Canada,
authority to
ton

me given, in and hJ thi Z! c of Hardson RidimoJ of the Ckvi/T'"'^^

tinsmith,

By

virtue

th« n« "®

*

P°^'"''

"' '^! «"<*

York,

substitute

and Province aforesaid which uT"''"' and appoint jZp^Wton

?

'^^ ^°""*^ ^^

it^mLTr''

^"

rrtrd^rb^'rdrd^^^^
being the

^-^

tii;'X', ,,,,,;

appointed, shall
•said

t^e an^d lawful a tornpv ^^^'^ ^^ "^^^ ''°'- "^« «» WelLgton HarrhorSmon^i'"^T? ''"k «"'^.^/' ^ute of the said ing all that the a^^at tornerL sl^^^^^^ ^T^-*'do
in the pre^mises '®'"''^^'
*

letter

of attorney

^" ""^ bv v h «' hereof and ""f ^^ ^"^tue of the

U^

H:

my

seal, this

day of

one thousand eight hundred and Signed, Sealed and Delivered,
in

,in the year of our Lord

presence of Charles Daily, Peter Hill.

(

Horatio Otis.

[Seal.]

K TIT h.Now ALL Men by these Presents Thaf r P»,o.i n "'""''' a.e Town of ,„ the County of ^""'P:^ Province of Canada, merchant- Ha,r^ » o^ the j pointed, and by these ^"'^ «P' FestL^d'o^'mlke ^ot^^^^^ Joseph Turnbull, of the City of Sa^ihon „ !b^"r ''P'"''"*' ^^^ ^''""^^ ^^ Wentworth, of the said Province ^^^'"^"' '"y true and attorney, for me, and in lawful mv nTm!; ^,f
• ' ,

^^STOM-HOUSE POWER

;j

•'

^pnT^'
'''^-

,"'1

<'l

what
goods

d: power
ware, or

isJanZ

Custom-H^use at

hereafter arrive, that are

-rch"S,'l%^tSX' 1 ^^^^^^^
consignS

^Zto/Z'LcnT''^ ^?r^

Ci ^iT
to

'''^^' ^^''' ''^ /""^'A
^'''^' ^'

the

^"^

and to seal and deliver, for bonds which may be

Hamilton, in the County^Xesaid for «£, such goods, wares, or S^erS^^^^^^
seal

LS

me 1«

mvL?
* '

me '^ Tn ^L ^\^^

^

''^ ""^^ "^^ "»me,

b^ Se r!n

""^^

"^""^.'^."y '^"'^ ^"^

•''^'u
^"^

°? ^"«^*^™« *' ^^ ^^7

'-:

ii

f.,f,;

and deliver for

bonds requis
or

I

for

merchlnd ze

XnTxpoU^
said attornev

me ^n^ oo obtZinrtL h7

T *"^ any
on

^.'S"

"^y name, to ^''^' ^"y bond or

goods, wares,

business at
after

'^ '° *''^"«^«t all the saTd Custom House in l'^ be interested or co„rrnedS ^7'^'''^, ^ ^"^ ""' ™^y »^ere-

ff

executed
signed

by

my

by

^seV, Tnd

virtue until
lector.

revoC
157

'""*•" '" ^"" ^^'^^ ^"^ by aCftLnnot* ^"**®" n°t'c« given to the said CoU

tS oTwer^^^^

signed anS Xn L ^' .^">»^« me as those binding on

VJ

^

M:

LKOiX fOBMB AHD LA.W UkWkL.
In WiTNEflH vvirBRKDF,
1

liavo hereunto set
"
,

my

day ot one thousand eight hundred and Signo(), Seah^d and Delivered,

my

sral, this

in the

hand and nfTixed yoar of our liord

in pi'esence of

CiiABi.Ba

Brown.

[Seal]

Andrew

Boyd,

Oliver Kerr.

POWER TO TRANSFER SHARES.
of the
of Canada, contractor ; Do hereby constitute and the County and , in appoint James Rich, of the Town of Province aforesaid, yeoman, my true and lawful attorney, for Bargain, Sell, assign and nie, and in my name and behalf, to in the said , transfer to Adatn Jones, of th". City of Capital Province, the whole, or any part of the Forty Shares of the Bank, Stock, standing in my name, on the books of the and execute all {or Company,) and for that purpose to make or any necessary acts of assignment or sell and transfer the same part thereof as aforesaid. , rr hand and alhxed In Witness vvuereop, I have hereunto set my A. D. 185 . . day of my seal, this Signed, Sealed and Delivered,
l»rovince
i

Know all Men Town of

uy these Presents
,

:

Tliat

I,

Edward Westover.
.

in the

County of

of the

in

presence of Peter Devlin, Isaac Mubpuy.

(

Edward Westov

jr.

L^ca/.J

t

POWER TO ACCEPT OF TRANSFERS OF STOCK
31

'J

Of

the

Bank of

,or

A

Company, giving
:

the Title of

the

Company.

Know all Men by these Presents That I, [or we,) ot my Do make, constitute and appoint John Mills, of lawful attorney, for me {or us), in my {or our) (or our) true and transfers name, and on my {or our) behalf; To accept all such of any interest as are, or may hereafter be made, unto me {or us)
,

,

{here give the nam or share in the Capital or Joint Stock, of the be ;) To receive and of the Bank or Company, as the case may that shall give receipts for all dividends that are now due, and due and payable for the same, for the time hereafter become {or our being to sell, assign and transfer all or any part of my give a receipt, said Stock, to rec-ive the consideration money, and and genor receipts for the same, and to vote at all elections ; premises lawful acts requisite for effecting the
;

do all said hereby ratifying and confirming all that my {or our) by virtue hereof. ; attorney shall do therein (or our) Im Witness whereof, I, (or we) have hereunto set my ^an'^ 158
erally to

PROXT DT A BnARKHOr.KB OB A COUPOUATIOtf.
hand
ar„I

afFucI

my

«oal (or

mxh,) at

.»,>.

lli;;!..lan.l
in

•'"'"^•"^^ "'

-^
)

^-•'^

-e

tllou'ruud

eight

Signed, Soulod and Delivered '

presence of
I'ktior IIkniierbow,

t-J*'***'-]

Anuuew

Stevkns.

[ )

r

J^i^^?^^i? ^^ WInTng

company SHARPS

r. hnU 10 him the said ' curator,, ad.„„ anH .. .nd orders, and o, the

rati

Wm V H"'onJ»-

,

Ws

sanl^yT;-

'"''•'''?'

*f"''"B (^"mpany, hota, oxcouto,; ">. "'" '"'""' ">>^»
'

immediately bef„:^l'e\ru°ti:,:he;;7 A»,, I, the .aid John Ed„,„„d.,,
orders

"""

'"'''

"'"

'"""

and conditi^nS

'

""'^

do hereby agree and aceept of
""'<"'"' '" "•«

»"»«

'"le».

affixeJ^r'^aHrr
OuvKR Daniels,
Lorenzo Hill.

"^^

'T \^^«™"'

-'

°"
'"
'

'"'"'»
'''

Wtn'-e^'edby''""''"'"*?"'^"'^'"'''"'""^(
i

V'
and
[Seal.}
"''
-

w.,, , ,„ Wellington tr

Harrison

PROXY
of «rci5,'^or"''"
I'rovince of
«.

™'" ™"i/»rT?""'? "^ ' ''°-»"- S""">. 'I" n Henry Ho,de"„, of .r fer „'?»,'=°"'«""» »"" Woi"'
^

Canada eent'lem.n.

proxy, a. any'eleetion

;:nr,£r,-3^™ra.fbj^^«
o?

Eo^^ol' Z" """''

7

attorney and

%"

I'

"J'

CoRNEUtis SiirrH.

[Seail

Tb Vr

a shareholder or a corporation

any matter ^^ ^°*® '" ^'« "a'ne upon reiatmg relating to tl». , f?^ the undertaking proposed, at the meeting

i^.^TtLtKa-l«^^^^^^
ni f

of

.

IiEOAL

FOBHS

AJSTh

LAW

MAITITAL.

of tho SharehoJ.den of the Company, to be hdJ on the ntixt, in such matter as the said Lewis Shaw day of doth think proper. In Witness whereof, the suid A. B., doth hereunto set his hand (or, if the Corporation, say, the Common Seal of the Corporation,) day of , A. D. 18S this Dated at [Seal] A. B.,
, .

A DIRECTOR'S PROXY.
hereby appoint Charles Hall, of the City of Toronto, in the County of York, in the Province of Canada, Esquire, one of the
I

Directors of the [here name the Bank or Company :] To be my Proxy, as Director of the said Bank or Company, as the case may be And as such proxy to vote for me at all meetings of the directors of the said conipany, and generally to do all that I could myself do as such Di«'ector, if personally present at such meeting. 1h Witnhss whekeop, I the undersigned, have hereunto set my
;

hand and

affixed

my

seal, at

A. D. 1851.

day of , this John Walker.

[Seat]

{Director not to act for more than three Directors.)

STATEMENT OF THE
Statement of the Liabilities

LIABILITIES

AND ASSETS OF
Bank of
,

A BANK.
Assets of the

and

^onthe

day of
LIABUJTIES.

185

.

Bank Notes
Bills of

in circulation not bearing interest.

...£

Exchange in circuk.tion not bearing interest Bills and Notes in circulation bearing interest. . . Balances due to other Banks Cash deposits not bearing interest. Cash deposits bearing interest.
Other
liabilities, if

any, stat:ng t^eir natu.e

Total

liabilities

£
ASSETS.
>

Coin and Bullion

£

Landed or other property of the Bank. Government Securities. Bank Notes, or Promissory Notes and Bills of other • • * * Banks Balances due from other Banks
Notes and Bills discoanted or other debts due to the Bank, not included under the foregoing heads, and believed fo be good. ..*«.<
Tftal As9*»-t&**i
=

160

;

;

.

be take a from the narH«»
in

^^''owmg Fees, and no other
is

shall

Upp,. Ca"ndtor?;

l.ere,naftei-

mentioned, that

Ae7SX?AeTr "^ '""P-" ° ^f™"
to sly;
''"'"^ "'"'

'psrss illrrtrrt^-" '- « 'y^ln,:rSU IZ:?"^
names
;

*i

•»

-^

^^O

»» Defe„da„. or

and

if

the justice

oHhera?. I

T^^'".^"^

"""^^'er of

p

™e

to

"'"^ """ ^''^'^ be ohafged P«o«.-onIy ?a"eae°''c^e

cS.
Shilling

and Three Pence tor information and Warrant

st^fS" ^i,^rTe'"|,-fr '?" ^"^ "' "'"»?'«'
for suretv

of UPP='
'<">.

Om

„f

,1.

s1^S,'»
and Six Pence

he paid

byoornVrarTt S„S^;3.
'^"'
''•>^

''""'Plamant,

Two

Shillings

JesotconWctrsrSreTKr."*
by
to

'"

any Statute, otherthan the |tat«! ^"^l^'y P'^^'^'iM Aall be as follows, '""'"before repealed, that is
say

T

^

"^'S^i

'> all

p^nil^^rli'::^lJ<'}^^:i^r>^on^
for every Suimcena to a Wiii.«.. section of this AoO Six Pence For Hearing and
/

or for inform.

'"

'"''"'"'*''

'"'

"» ""ond
Six

Determining the case.

Two Shillings and
and

t S,T;"'„'; e^ry^'ScoJ^ 0«e
•w
pe.

Shilling

Th«e Pence

uy «.« Pivi Founds-o-«.-be"^^^

CZi 7c

%IQAJU

70BUS ASV SAW

ICAJnTAIi.

and Six Pence only shall be charged for the con. and One Shilling and Three Pence for the Warrant to levy the Penalty 5 and that in all cases where persons are subpcsnaed to give evidence before Justices of the Peace in case of assault, trespass or misdemeanor, such Witness shall be entitled,

Two

Shillings

viction,

in the discretion of the Magistrate, to receive at the rate of Two Shillings and Six Pence for every day's attendance, where the distance travelled in coming to and returning from such adjudication does not exceed ten miles, and Three Pence for each mile

above ten. Every Bill of Costs, when demanded to be made out in detail, when demanded, Six Pence; C(^y of any other paper connected with any trial, and the Minutes of the same if denutnded,— every folio of one hundred
words. Six Pence.

SUMMAM CONVICTIONS ACT,
1853.

(G.W.) 16 VICT.

CAP. CLXXVIII.
Aif

ACT TO PACILITATB THE PERFORMANCE OF THE DUTIES OF JUSTICES 07 THE PEACE, OUT OF SESSIONS, IN CANADA WEST, WITH RESPECT TO SUMMARY CONVICTIONS AND ORDERS.

\^ssented

to,

\4ih June, 1853.]

WHEREAS would conduce of the administration of
it

Province called Upper Convictions and Orders to be made by Her Majesty's Justices of the Peace therein* if the several Statutes and parts of Statutes relating to the duties of such Justices in respect of such Summary Convictions and Orders were consolidated, with necessary, SLi-h additions and alterations as may be deemed and that such duties Aould be clearly defined by positive enact^ ment : Be it therefore enacted, &c., That in all cases where an Information shall be laid before one or more of Her Majesty's Justices of the Peao© for amy Territorial Division in Upper Canada, that any person has committed- or is suspected to heve committed any offence or act within the jurisdiction of such
lavr Justice or Justi<»8 of tiie Peace,, for which he r& liable by or itpon a Summary GonviotiDn for the same before a Justice

nuich to the improvement justice within that part cf ihis Canada, so far as respects Summary

102

punished

to

punished ; and also in any such Justice o?

all ca<iP« «,i,

shall

and every such Summon Ah or other Peace Officer, or
;

to

information or complaint, and to be fir??' law
it

evet^sS^h^^'^^V'^^ P^y'"^^ ^" ^^ '^^^"^ of theS« ?'• '^ *^^ *° '"^^ ^'s Summons A), directed or their to sn/h nf matter of suc'h information or comSl^?'^^^^^^^ the appear at a certain time and olace hi? 1 ^u '^'l^'^ng him to Justices, or before same Justice or such i^CjZl^ V^^Territorial Division ?'''°'' ^""^ '^^ '^"^ as sha i then be th.^1
k®""

or other^Jise^ henf„ for such Justice or Justices

of

money

u JoTwmT^^*"* ^t^" ^« "»«*^ have authority by ^ave or law to m«k« Z'?^}^ ^"^

?usS

^^

^ T""^' '« ^he said "^^^'^ ^^*h

accordinff

delivered, upon the delivenng the same '.^ ^^'•ec^ed, by to tfe nartr n21 n'* jame with some person for !«>."' ^^ J^aving'the of abode °' ""^'^ ''^"^l P^^ce and the Constable ; Peace Offil^ serve the same in who shall manner

be

oTerpetl'j^ T'^ \y ^ ^''"^^^^e person to whom '^.^•"' ^H '^™« ^^^^ ''

£ Tht
f

I'

11

in

r 'S^ any Justice or Justices nothinVherein of the /eace^olf^^'^''^ '^^^^ oW'W any case where ^^""^^1^ ^"^^ Summons

and before the Justice^M '^"^^1?"^ ^' ^^^ t™e and depose, if necessar^to tre Lfvicrof^'"™'-".^ mentioned. Provided always, Summons
place,
to

aforeS S5f t^'/T'^°'*

ii'i

'"!
'

that'

li

by

aw

the

to be

made

'^

amlLtZ
io

shall

be taken or

Summons, for any alleged or fact th2 any variaLe b?twet ^^ in form' str^'iV^l^ Summons, and the evidence addSo^^^h'"'^^'^"' Complaint «; or Complainant at the
«• for

alloC

S^Provn'/T ^l"**

C

of Justices "s
k

^^^"" '^^'<^''^^^ ilr'^V/"^9'^'^« 'on. Complaint

Mi

^'"" complaint mentioned ; bu! if anv sn.h 'Variance ""l the Justice or shall appear Justices nrpJ«nf ? and acting at such be such that heariSf the partv so^Tn. thereby deceived ^°^ ^^ ^e" TtTairbl «• Justices, upon such terms as he or t^^"' J"«tice a4lourn the hearing ''"' '^ of the t:m:

as hereinafter

heSnfof 'Ih

/nfn.^r^'l^

SlS, ^e^
shall nnf

^

TatfTr

uV^

II.

And be

fLt^e ty.

^

it

Summons as aforesaid
or Justices

enacted Thaf

tv !.

yeemed
»>efore

ajd it shall oath or affirmation, that

at the time and

bemarto appt^^to'^S^^^^^
such

Xp' ^"^.^ar before the Xstic^ «uch
S„^^t^
Summfno
""^'^^ °' "^"^^ce^. by'
***

h

Z PerSon

so serred with a

by such Justrce or the time therein

then

it

shall

Shall thinfe

fB> to

* subst£?f„'° the^?t??r ^'^^"^^^ before hS^ 'iy^^^tu^hisortb^^lj^f^^^'?^ ^^^^ infortiiatiort o^ .". "r'^^^OtlOn, to
them.

be lawful L^fi."}®''.^^' fit/u^n oaf^o?'^^^^^^^^ orjusticel,
ISSUe hiS

Jn?Zo .T^'"^^^ whatshaj ^^ * reasonable time annninS? appearing
to the
if

samif

he

orTev
^

^^
'fl

a*my«*-„j

*l

orthrflKW„— "»

•"
'

lis h li^^p
if

-fl
^1^1

*'
J

J'
>

S

LIOAL rOBMB

AITD

lAV

MAKITAIh

some other Justice or the same Justice or Justices or before Territorial Division, Justices of the Peace in and for the same said information or complaint, and to be further to answer to the information being dealt with according to law; or upon such punishable on conviction, laid as aforesaid for any offence information shall have the Justice or Justices before whom such oath or affirmbeen laid may, if he or they shall think fit, upon the matter ation being made before him or them substantiating information to his or their satisfaction, mstead of of such the first instance issuing such Summons as aforesaid, issue in the person against his or their Warrant (C) for apprehending information shall have been so laid, and bringing

whom

some other him before the same Justice or Justices, or before same Territorial Justice or Justices of the Peace in and for the and to be further Division, to answer to the said information, a Summons shall be dealt with according to law or if where and at the place so issued as aforesaid, and upon the day appearance of in and by the said Summons for the appointed fail to appear accordthe party so summoned, such party shall and m every such ingly in obedience to such Summons, then aflSirmation to the Justice or if it be proved upon oath or case,
;

such

was duly served upon Justices then present, that such Summons so appointed tor such party a reasonable time before the time

be lawful for such Justice his appear:ince as aforesaid, it shall parte to the hearing of or Justices of the Peace to proceed ex thereon, as such information or complaint, and to adjudicate and effectually to all intents and purposes as if such party fully appeared before him or them in obedience to the

had personally

said

Summons.

every such Warrant to appreIII. And be it enacted, That information or hend a Defendant, that he may answer to such as aforesaid, shall be under the Hand and Seal or complaint same, Hands and Seals of the Justice or Justices issuing the or other and may be directed to all or any of the Constables the same Peace Officers of the Territorial Division within which Constable and all other Constables is to be executed, or to such Justice or within the Territorial Division within which the genissuing such Warrant hath or have jurisdiction, or Justices

mentioned Territorial erally to all Constables within such last information Division ; and it shall state shortly the matter of the on which it is founded, and shall name or otherwise complaint

or and it shall describe the person against whom it has been issued, it is directed, order the Constable or other Peace Officer to whom bring him before one to apprehend the said Defendant, and to case may require, or more Justice or Justices of the Peace, as the said informaof the same Territorial Division, to answer to the and to be further dealt with according to law; tion or complaint,

i

164

^^

ft

,

'i

JUSTICES OP Tni PKArW BTTiru.^^ lUJt PEACB 8UMMABT

COKTICTIOKS,

(o.

W.)

rbfe'a^^liVS^^^^^^
force until i? shall

Warrant return.

executed by apprehendtn^thp

be executed

nJ

L?™'.'"?}; '"°'' Warrant
,

'^""^^ ^"

''"»

T^'-^litorial DivisioS WarrLt bacT^ "' hereinafter mentioned oasis in sSch Constables or PeaoTofficers '^ ^^ ^'^'.'''^ '« ^" w^hli^Jh t within which the Justice ^^ Temtorial Division or iuJiil-

place in the next miles of the border of s„ih firJ without havinTsuch
in
all

theTerritor'SalKL^n^'^^ihrn same shall have jurisdicti^ o?

adjoS

wh^^^^^^^^ ''«"'"g ^^6 in .„ ? Z"'?''^' P"'"'"'*' «^ ^"^ T^rritoril? Division, ?^ within seven

J

?^

be P'^°« -'*hin

may

t-'^

and

wK

W.f
f

hi.

f

3

jurisdiction,

it

shaH be

Officer for

any

which such Justice or
granted
as if

Xe witM/r'
c

ZIm

'''"'"^ ^^e
.^"^

same

shall

have

CttesihnlT^ -h Warra^nuTere^utt r^^^^^^ m such Warrant were HimpfL 7
,^'^'^ant

Nonstable or Peace of the jurisdiction for
°^ ''^^
like

manner

by name, and

O^^^^^^ *^® -' any such Warrant h«t h ^"?u'^ found within the jurisdiction of fho ^f " ''^"®^ ^« not "'^-"^ ^^ *^"'''°^« it was issued, or U" he shaU ^^ ^^om supposed or susDected to h« ^ ^^' f° '"*''• ''^^^'^^ "^ ^'e, or be

shall be which he shall be such person against

Warrant

nXiSndinl

eSed

thl.

''f^

'""T

'° '."°^

sliall

no

V^^^^^

^^^^^^We '^'^

whom

c:l:b l^kaee

eli

w

^"°? '^

the Justice orEices issdn^ Peace within

th^^'

°"'

5 the

jurisdiction of

suspected to be as

whr^rsSt%Trp:L^^^^ shall °"^" person
afo^*>«nl•/^

hand-writing of

he

of the Territorial

wirh\-'' *" thonzingthe execution of the WarVaTwrtJ.^K-^'- "^?^' ^^^ jurisdiction; and such endorsement shall hL«nffi " .^'''^"' ^"^''^^'^ *« ^^^ Per^^^ bringing the Wrrrnl «^1 persons to whom it originafy directed and was to a 1^1: J^f °'^''"

may make fnendorVmtrupo;

jS

.,r^/

°^ be or be °^ '^^

t

it"Sd

"^""^"^

InLo

.^

execute the
Justice
der,

of the Peace endorsincr^hr

^^^^^ Officers 7 same Yn aTy prate wi^hirl^'^'-^^'^^ '^ '"^^«' ^ the jurisdiction
of the
first

S^wW?^^^

when
the

WaCnt orsome o her^T Provided a wTthi^nK-'^^ ^^'''"S *^« samejuris°^J^°'/°^shall be taken or allowed to any sud^^Warran
issu'ed

appended hpS.h T"'
Tn

^"'^ ^° ^^'^''^ the often,

T't °^. J"«tices

who

diction;

issued

upon .ly

sulhTn^Sti

rof^omlillt^^^^^^^^^^^
^'*^^^"
^'

^J

st:: t
evidence
as

intrm^ Hi^^rl.^^ ^"^ arg&:S.cTth^e^:t
^"^ ^^^

adduced oT'the part of "''in?'' ^"^°''"?^"t or Complainant hereinafter mentioned hnMf' pear to the Justice ^'^^'I ^P" Sces^^^^^^^^^ ^'^P'^^^'^Pt ^"^ acting at such hearing. -" to be such th"* sucn th... jh. th-.^

paay so apprehended under such Warrant

has

IiSOAIi

TOBHS AKS IiAW

lIAKVlIi.

has been thereby deceived or misled, it shall be lawful for such Justice or Justices, upon such teroris as he or they shall think fit, to adjourn the bearing of the case to some future day, and in the meantime to commit (D) the said Defendant to the Common Gaol or any other prison, Lock-up House, or place of security, within the Territorial Division ojp place within which tha said Justice or Justices may be acting, or to such other custody as the said Justice or Justices shall think fit, or to discharge him upon his entering into a Recognizance (E) with or without Surety or Sureties, at the discretion of such Justice or Justices, conditioned for his appearance at the time and place to which such hearing shall be so adjourned : Provided always, that in all cases where a Defendant shall be discharged upon Recognizance as aforesiaid, and shall not afterwards appear at the time and place in such Recognizance mentioned, then the said Justice, who shall have taken the said Recognizance, or any Justice or Justices who may then be there present, upon certifying (F) upon the back of the said Recognizance the non-appearance of the Defendant, may transmit such Recognizance to the Clerk of the Peace of the Territorial Division within which such Recognizance shall have been taken, to be proceeded upon in like manner as other Recognizances, and such Certificate shall be deemed sufficient primA facie evidence of such non-appearance of the 9aid Defendant.
IV. And be it enacted. That in any information or complaint or proceedings thereon, in which it shall be necessary to state the ownership of any property belonging to or in the possession of partners, joint tenants, parceners or tenants in common, it shall be sufficient to name one of such persons, and to state the property to belong to the person so named and another or others, as the case may be and whenever in any information or complaint, or the proceedings thereon, it shall be necessary to mention, tot
;

any purpose whatsoever, any partners, joint tenants, parceners or tenants in common, it shall be sufficient to describe them in the manner aforesaid ; and whenever in any such information or complaint, or the proceedings thereon, it shall be necessary to describe the ownership of any worker building made, maintained or repaired at the expense of any Territorial Division, or of any materials for the making, altering or repairing the same, they may be therein described as the property of the inhabitants of
such
Territorial Division respectively.
it enacted. That every person who shall aid, abet, counsel or procure the commission of any offence which is or hereafter shall be punishable on Summary Conviction, shall be liable to be proceeded against and convicted for the same, either together with the principal offender, or before or after his conviction, and shall be liable, on conviction, to the same

V. And be

<

«

^4»

166

forfeiture

*<

nJ

'ir<

.USX1CB8 or THB P.^OK

BtH^^r

COKTICTIOKS,

(c.

W.)

convicted either in th; TerriS nP'°-''''^^ ^^^'"^' ^"'l .uch principal offender •**' ?'^°" JyXctvintpT'^ '" *^*' ^« ^^e,^ ""* such offence of aiding ^^i^** abetiin! l^^u-' counseUmg or proonring ba^e been committed may

^

anJLtl'oVJhTpea^I L'^^
dible person, tha is likely to give

'' •^.,«^^"

or Defendant nn«^ , n ^^^" <>* the Prosecutor or vo untarily be and apwitness auSetSie and ^!i^^^ rf such information ^loZUntFuTlfT''''^ ^^ '^^ ^^ ™^y' ^"^ '« ^^^^by required to issue

Complamant

aV;:^^^^^^^^ ma^Kvid'e^^e"^^^^^^^
^^^^^^

«

»>« -ade to appear to or affirmation of a^Sy ere?

pearL a

his

his Hand and Seal. requTrZ h/m /^ k^ '"''i^ P^'^^"' "«d" time and place ment ^^ oned "such Summons, t"? ^^P^^^ *^ ^^ Sn^l'' before the said Justice, or before such

SS

<?^

,

w

^«™g

same
he
if

or complaint and ; 5' ''^"'" '" ^PP^^'" ^* bv the t'fd Summons, excuse shall be offered and no just for t.,! ? f proof upon aLmatlon .r^''^^^' '^^"^«'' '^^^ (a^er '""^^ Summons having served upon such been p^^^^^^^

any person so the time and place

TerritoriarDiS as shalHh.n '^f^^^ shall know concern^ thlS f " *'^*^^''^•

Xr wl^f

P«^^« ^^^'^
*« ^^^^ify

what

sumSd
perso?

TpSd

shai?

iiTT°"

oathT

under his or th^Lnd/and^el''^ 'k •''"' ^.Warrant (G 2.) *° ^"""^ ^"^ have such person a time and place to who issued ?^^T '^^ ^^^''-Justices of the Pea<.e STThe «'ame T.t^t ^!^^,^ ^.'^^ Justice or be then there, to as shall testifyas afore^« J^'"i°"^' mayjf necessary, be ^**'°^ ^^^ ^a'-rant
at

same for?^m wi'h sCe perso^l^hrw"^ '^ '^ ^^^^^"S *»»« abode) it shall be lawful for the Ju^H°/ T'^ ".'"*' P'^«« ^^ °'" "^""''^^^ before such person should whom have Tnn^!. ^ /"^

tKd Sur^TThT""'^'
backJdlT--^^^^^^

h??w-'

Justice or Justices

being executed out of ^^T^'^^'^!'^ '^ mentioned, in order have issued the same orilTfT''- °^ '^^ J^^^ice who by evidence upon oath oTaffirml.-"''^..^"'^^^ '^^^^ be satisfied, person will norattrnd\o thatsuci; g fe ^d^:^^^^^^ ^viaenoe without bemg so to do, then compelled instead nFi^.\,lor him '' ^h^» be law/ul toiLuSwar^r^^^^^ if necessary, " ^''' '"/^^"''' ^"^ ^^'°h. may «f ance of such \'"'^ ^^ ^« ^^e appear^ so surlon5
to its

shall

brbaS £ Snp1?hln^l^ hT'^
''®^°'"^

^^e said last

being brough

such%rson

shall re

'"^^ S"™"^«"« or ^n befbre Sm 2 It^^T^ ^° ^jrtue of

mentbned

wlL""" ^^

the said

Warrant
°ath or

~gthepr:mi"s%^^^^^^^^^^^ affirmation, or having ^"''^ taken sachlt^^i: ^^^ affirmation, to
answer such quesfionf." p'el^^^?.?^ ^H^ ..i_P„ ..ncwDzng lue
.

shall refuse premises as shall then

be

XXQAX VOBMB ASD

I>A.W

UAITUAL.

be put to him, without offering any just excuse for such refusal, any Justice of the Peace then present, and having jurisdiction, may, by Warrant [G 4,] under his Hand and Seal, commit the person so refusing to the Common Gaol for the Territorial Division where such person refusing shall then be, there to remain and be imprisoned for any time not exceeding ten days, unless he shall, in the meantime, consent to be examined and to

answer concerning the premises.
VII. And be it enacted. That in all cases of complaint upon which a Justice or Justices of the Peace may make an Order for the payment of money or otherwise, such complaint shall be iq
writing, and on oath, unless it shall be enacted or provided to the contrary by some particular Act of Parliament upon which

such complaint

shall

be framed.

VIII. And be it enacted. That in all cases of informations for any offences or acts punishable upon Summary Conviction, any variance between such information and the evidence adduced in support thereof as to the time at which such offence or act shall

li

be alleged to have been committed, shall not be deemed material if it be proved that such information was in fact laid within the time limited by law for laying the same and any variance between the said information and the evidence adduced in support thereof, as to the place in which the offence or act shall be alleged to have been committed, shall not be deemed material, provided the offence or act be proved to have been committed within the jurisdiction of the Justice or Justices by whom such information and if any such variance, or any shall be heard and determined Tariance in any other respect between such information and the
;
;

evidence adduced in support thereof, shall appear to the Justice
or Justices present and acting at the heaiing, to be such that the party charged by such information has been thereby deceived or misled, it shall be lawful for such Justice or Justices, upon such terms as he or they shall think fit, to adjourn the hearing of the case to some future day, and in the meantime to commit (D) the
said
to the Common Goal or other prison, Lock-up or place of security, or to such other custody as the said Justice or Justices shall ihink fit, or to discharge him upon his entering into a Recognizance (E) with or without Surety or Sureties, at the discretion of such Justice or Justices, conditioned for his appearance at the time and place to which such hearing

Defendant

House

shall be so adjourned: Provided always, that in all cases where a Defendant shall be discharged upon Recognizance as aforesaid, and shall not afterwards appear at the time and place in such Recognizance mentioned, then the said Justice who shall have taken the said Recognizance, or any other Justice or Justices who may then be there present, upon certifying (F) upon the back of the said Recognizance the non-appearance of the Defendant, may

°168

transmit

m
fa.e evidence ofauch
plaint

been taken, to be proceeded unon f"lV^^°°g"'zance shall have nizances, and such "^^nner as other RecogCertificate sh«l hi 5

no^p^i^: ^fZ^.^taZ''^
such c^n.-

u^r^hlh^jT^^^^^^^^^^

i:^rtitr^aroff^^^^^^^^
Conviction. (uniS str^aTticUf otherwise permit.) «»^^" shall respectively be m^^^^^^ "'^ '^"^ affirma ,on as to ''^ "^^^ or the truth thereof tions where the ^^ '"^«»'"^Justice upon issue his or their o^ustTcesVeceiv?n.^K""''' ^^^" ^here*^^ '^'"^ Warrant in thtfil^ ""'^ ^"^tance, to the Defendant as apprehend aforesaid or Justices shall "'^^ ^^^'^ the Justi^ issue h,s or thet the matter of such ^" '" ^'^^ ^''^^ insta, c? informrtinn «. or affirmation of the nf^rmant or h ' '^^^'^^^'^^^^d by the oath on his behalf before

#i

"iStrV^

'""^^^

LrHi,

Tn^

V''^
l^f

mation shall be for o^e offence
offences,

such complaint shall be^Cone not for two or more matters nft.T

anTsuchWarr^i/^
i •

Z?eV.f °^

or made by the CoVlaUnT'o; Counsel or Attorney, or other

and every such coSarnt nr "r

o2"'^

^"''?'^' ^"^ ^^^''X only, and '"^ 7''y such^hifor"°' ^*''* ^^^ ^'^ '"«'*

^^T^ '*>"'

ll^nfi^n'^" ""^
'^^

\' '^'^
btha^/^

pert^TuXJLK^^

J

v^a" h^-LTbTst;c^^^^
plaint

or laying any

Imment relating to such ^\^''' ""' ^«^« «f ParpaJticX n«' " made, and such informaC shall bTl '".'^ '^^^^^ ^^id wnhm six months from the time calendar when the m«^. information respectively ' °^ '"'^ complaint or
arose.

sulhtlvZii.i

' -'^T ^">' ^^^'^ ««"»T^I^^

^----^'-^y

tiofshdl"t^VeaXS'^;trS;"'^^^
two or more Justice or by the Act or Acts of

° ^" . -V^ ^^^" ^^^ directed information shall be framed or suoh^nr^'A"'' '""^ complaint or ment as there may ^^'/'^ °^ Acts of Parliabe in that h.h if direction in any '^ '^ "° ^"^'^ s^h Act of '^"^ '"^^ complaint information may be or heard any one Justice ^'^J^ed

^'sttesTfthlp^"^

^^ ^»^°'-^^^^^J^^g^d by one or

ParSe

^"f

Mament". frSnT!'

'^T

such information or
or place in

LthrSito?ainil'™'"'^u^"^ ''°"' •'"'^"''^

by

^'^"5 which suchTsS i r""^ try any such compSor'XltiofT,f^'"/* '''^'^' «"d and public Court ^^ ^" «Pcn to whicrthPoSl' ".i '^l^'^''^ far as the sam« ^^"^'^"^^ ^^^ have access^.^ -^-^can conveniently can crnvf^nt^ cuntam them'; and the parj

cLpTainSif h

t
J

^^^ "^^"^^-o^ »"d the room

B^

-v

ir'fe ^tr.-t*-

against

VaaJkJt

rOBMB AND LAW MAITVAL.

against

whom such complaint is msuie or information laid, shall be admitted to make his lull answer and defence thereto and to have the witnesses examined and cross-examined by Counsel or Attorney on Ills behalf; and every Complainant or Inforniant in any such case shall be at liberty to conduct such complaint or information respectively and to have the witnesses examined and
cross-examined by Counsel or Attorney on bis behalf.

in

And be it enacted. That if at the day and place appointed and by the Summons aforesaid for hearing and determinmg such complaint or information, the Defendant against whom the same shall have been made or laid, slmll not appear when called, the Constable or other person who shall have served him with the Summons in that behalf, shall then declare upon oath in what manner he served the said Summons and if it appear to the satisfaction of thei Justice or Justices that he duly served the said Summons, in that case such Justice or Justices may proceed to hear and determine the case in the absence of such Defendant, or the said Justice or Justices, upon the non-appearance of such Defendant as aforesaid, may if he or they think fit, issue hii or their Warrant in manner hereinbefore directed, and shall adXll.
;

journ the hearing of such complaint or information until the said Defendant shall be apprehended and when such Defendant shall afterwards be apprehended under such Warrant he shall be brought before the same Justice or Justices, or some other Justice or Justices of the Peace for the same Territorial Division, who
:

shall thereupon, either

by

his or their

Warrant (H) commit

such

Defendant to the

Gaol or other prison. Lock-up House or place of security, or if he or they think fit, verbally to the custody of the Constable or other person who shall have apprehended him, or to such other safe custody as he or they shall deem fit, and order the said Defendant to be brought up at a certain time and place before such Justice or Justices of the Peace as shall then be there, of which said Order the Complainant or Informant shall have due notice ; or if upon the day and at the place so appointed as aforesoid, such Defendant shall appear voluntarily in obedience to the Summons in that behalf served upon him, or shall be brought before the said Justice or Justices by virtue of Any Warrant, then, if the said Complainant or Informant, halving had due notice as aforesaid, do not appear by himself, his Coun-

Common

such sel or Attorney, the said Justice or Justices shall dismiss complaint or information, unless for some reason he or they shall think proper to adjourn the hearing of the same until some other day, upon such terms as he or they shall think fit, in which case such Justice or Justices may commit (D) the Defendant in the meantime to the Common Gaol or other Prison, Lock-up House or place of security, or to such other custody as such J ustice or
Justices shall think
fit,

or

may

170

discharge him upon his entering io^

'

..sxrcB o. XH. ,..0. scMM..r CO.VXCXIOKS.

(c.

w;

w adjourned;

Justice or Jt^sUces
the Defendant. the Peace for the

»t the time and pJace rentToS^H^j;;^" ^^^^^^ w.d Justice who shall have taken th««J:;?p'^"'^''"^^'

conditioned for his ap. pearanco at the time and pLe/ot''^.^"^ *^^""» «h^'J b« and if such Defen L"'^,'"^^

LT

iog (F) on the back of

^^^'^ P^'^^^nt, upon oertifytrVi maytlimmhST'^ '^^ "on-apf^rance of

who mav

th.n k

"*

.u

^*^«" ^he ^^^^^'n'^ance, or any

I,
*

U
J
'
' >

D?v?ln •''''?^'r "« ^° '^^ Clerk of '""^ Recognizance have been taken 17^ ^w'^''^''^ other Recogniza/ices ;nd moh^r t^r^ "^T '" '''^^ '"^"ner a.
shall
'

tS^I

2

^^^'' ^« d««"^«d «uffi! /'nV^^/acie evidence of sufhn'^ "^"-^PPearance of the said Defendant; But if bmh nar«.-! tlieir respective «r by Counsel ori^t^P'^v'^^";^^ tices who are to •''"^""^ ^'^ ^"^ hea? ^''del^Sne^l.^ '^f con^pJamt or informatJon. then the said Justke or ""f ^, •'"**'°^ '^*" P^°°eed to hear determine the skme. * and

cient

'M

W

examined any witn^s^s "
bis the

^"^r"^ complaint shall be stated '^^ '"formation or to him and any cause to show why ^-^'^^^ '^^^ ^^^« he should If k Order should not be ^'''^^' ^'^ ^^y an ' made 'f he thereupon admit the trmh of tCi 'r *^' '•^'" "^^ ^« ' ^"d and shew no cause «»• complaint, or no suffi.,!. '"^'^''T^^'^" convicted, or why a^Order £ulS nT.!! ""^l ^' «^^"'d "°t be ^'"''^ «&*'"«* bim, as the case may be, then the Ju.Hni " r ^hearing, shall coiv^t P'-^^^nt at the s'aid or mlkel^^^^^^ mgly ; but if he do not ^dmiT^^! ?u^Z ^«'"«* bim accordcomplaint as afores^d the^ h^safd" Ju^t ""'^ Y''""-^''"^ ^' '*'' proceed to hear the ^"^^^^oes shall Prosecutor r f'""^ aesses as he may ^^"IP^^^^ant and such wit. f^H t! ""'^^ "'''^«"°« ^« be adduce in support of may his fnform.H ''' complaint and also to hear respectively, ^" the DefendaT examine, and such as he may other evt^^^^^^^^ fence, and also to '" ^"^ '^ hear wi^eL: as Prosecutor or ComPlainant may examine in Jn i f

preS atluch^hSfth?:ib^^^^^^^

1?^''-^-^

^'^^^

be

^Vn

aS^t Mm

^

ht

?

exS

J

s^

^f,^'

^

'"°''

""^^'"^^ ^'^'^' ^ban as lo DefeLTntl rneral r«" Complainant shaTnot^be '^^ Prosecutor or en itledT''^ reply upon the evidence%Tven bv fh^n'r '7 observations in Defendant be entitled "^'" «^^" '^^ to make ant oh?'^'"?'"*' observations in reply tbe evidence upon given bv ?lf. p

T

S"''"^^ u^ defendant shall

have

^

reply as

aforesafdrandThe awj^str'^'i

°^ Co'^P'^inant^n

^-inethesan^

aAllT^S^^t^^^Sll^llf fe
Delendant

ItOkL TOnMB XKB

ttJ-lT

UKIfVKhi

as the case pi'frndiint or difimiss the informHtion or complaint, and il' ho or they convict or make an Order nRainst the
irrny

Del'endHnt, a Minute or

which no Order (K I, 3.)
for

thereof shall then he made and the conviction (1 1, 8.) or shall afterwards he drawn up by the said Justice or proper form, under his or their Hand and Seal or Justices in Hands and Seah, antl he or they shall cause the same to be among the lodged with the Clerk of the Peace to be by him filed or if of the General or Quarter Sessions of the Peace Records or comsaid Justice or Justices shall dismiss such information

he

;

Memorandum

fee 8hall he paid,

;

the

I

Justice or Justices, when reit shall be lawful for such so to do, to make an Order of Dismissal of the same (L) quired and shall give the Defendant on that behalf a Certificate thereof (M) which said Certificate afterwards upon being produced, without further proof, shall be a bar to any subsequent information complaint for the same matters respectively, against the same
plaint,
;

or complaint in party Provided always, that if the information or such case shall negative any exemption, exccntion, proviso any shall be Iramed, or condition in the Statute on which the same Prosecutor or Complainant in it shall not be necessary for the Defendant may prove tJiat behalf to prove such negative, but the advantage affirmative thereof in his defence, if he would have
the of the same.

XIV. And be it enacted. That every Prosecutor of any such the result of information, not having any pecuniary interest as aforethe same, and every Complainant in any such complaint of the same, shall said, whatever his interest may be in the result complaint be a competent witness to support such information or as aforesaid respectively, and every witness at any such hearing and the Justice or shall be examined upon oath or affirmation,

m

the purJustices before whom any such witness shall appear for pose of being so examined, shall have full power and authority or affirmation. to administer to every such witness the usual oath

i II:

XV. And be it enacted. That before or during such hearing of any such information or complaint, it shall be lawful for any one
to adjourn Justice or for the Justices present, in their discretion, ^..oio he then the hearing of the same to a certain time and -arty or appointed and stated in the presence and hear) / < ^neii present, parties, or of their respective Attorneys or A^j and in the meantime the said Justice or Justices may suffer the Defendant to go at large, or may commit (D) him to the Common Gaol or other prison, Lock-up House or other place of secu.

ilty vnthin the

Territorial Division for which such Justice or be acting, or to such other safe custody as discharge such jiH Justice or Justices shall think fit, or may •ih? Sureties Dei, aUant upon his Recognizance (E) with or without lor his discretion of such Justice or Justices, conditioned at the

:Huit
.

js

shall then

irj2

appearance

•ppearanco nt the time and nkrfl tn » i t';er hoarinK «hall be place to which such hearini/ or «,;»>
«#)urnetJ, either personally or by
or

'

k
"^ *^° ^'"'« u ^'^•'"«^ "'""" »>«
'

aCn^r^^^
.h
'"'

o"" «<>

both\?
or th.i'

*Hil"»l

\Z

r

''?''*"''''

"'"^"

""^ ap,„,ar

Justice or Justices as shall til « k for the Justice or Jus
ice

"("'"'c^''
''

or
•''^'^"

8»oh
""'

•ent

hearing or further hearing '" ^"'"'^^''^ *^' «"«=h as fJoh^n'"'?"' ^''""^^ or if the IVosecuto? P'*''*'^^ "•''•^' P^eor
;

Ln

t

Jere n''"""'

other '-^ful

.aid Justice or plaint nith or without

JustSmay dismiTsfc"'.

fWi

T

Provided always «^>«" «''^'" 'it: '"\^ rail discharged up^Jh s ^«*«"''«nt shall be HecoJiizar' "^^'V ^'"'''"'^' ""'^ ^f'"" ""» afterwards appear at he t°mTanrn>r cognizance, then tL ''"^^ '*«8ain...t "i"'''"^'""''' '" taken the 'sai.l '"^" ^h"'" '"'^^

S

coj^s ns fn

L

u

'nfornriationor

t

"'^^

"l'P«»''.

the

t'^' •^"''1^'^''

com^i

/

who may then be therf nresen;
of the
the Territorial Division in been taken, to n?oceel

Recognizance

t^n' ''^^7- •'"'^^'"" ^ Y'^'^
.^n

«••

Recognizance he^non!anneJr^^^^ may transmit such RecognTzanTo trfth^

J^^^'ces ^^e back
^'^'•'>^'

whil

b?

Recognizances, and sl^SrCert ficnrshLn ^^ ''''''"'^'' ^"^ T"""^'• prima facie evidence of 8„ph .f ^ ^"^^ non-appearance
Defendant.

o f unon h^'n
u

n ^r^'^l'"•^f'' ^^^
'^''^
***

<or ^"'''^"*^" ''^^^" »"^^«
^
'^'^

''a^"

""'^'^

sufficient

of the said

the o2n prosecution for the »ame, and in alf cases orcc^.vToH?"'''''"^^^^
ed.

no^a'rlicurar fo'rm Statute creatine the

^^ere ^rsuKnvictr " --« f.T ^'^^•- by " '' '"'.'*'^" be given

J?

given or not. ^*"%^^«» ^^erein "'^'^^ '''• "'"'^'^^'^ ^^o shall so convict, to draw ud h , or ^t ment or on paper in siTch o^n« If ^K r ''"' ^^"^'^'tion. on parch^?'""^' of conviction (I in the Schedule i, 3.) ;/ this A^tn ?^^ '^'" ^^ ^PP^'^^''>« «uch case, or to ke effect anH*^ \' made, and no particular form ifnA^"" V,P"^^' ^^all be the Statute giving au?horifvt°^ ^i'"^^'" ''l^" ^^ given by ali ^''^''* «"d cases of OrJers to ""?' ""''"' ^^e authority of any Statutes hitherto

whether any partLlrTr^^^^^ "P""

itlTh.t^^^rZ\T

f^'T'

^'''^^''^

V^^

1

^

Zsed

bell
whSr

T^

m

"hall therein be gfv^n or Justices by who'm

to dravir up the such one of the for,«««rAj ^'^ (^ '• 3,) in the Schedule to this Act contnini ^'u ""'^ ^' or to the like tPP''"^^'« *" «"^h case, effect andl; .Tl '^'^' "^^"^ by " an Act of Parliament authority t' ^.Ven , levy any sum his^^^^^^rr/ I ^5^''°" *" P"««"' «»• ^^ <or not obeyi»g any Order b of / ^™erj)i a Justice or Justices,K'^'^J!^^^ the DefenHnnt .huu

samem

LT "&

Zth^h^l'l

Pf''?"/^/ ^orm of Order

s'tt ^aS t ''/ '""°\°^ made,

uL

Ju!^^f

L

served

usb^n roBus

Aire zat* uxtVLii.

served with a copy of the Minute of such Order before any Warrant of Conimitment or of Distress shall issue in that behalf, and such Order or Minute shall not form any part of such Warrant of Commitment or Distress.
/If. And be it enacted, That in all cases of Summary Con. vic*ion or of Orders made by a Justice or Justices of the Peace, it shall be lawful for the Justice or Justices making the same, in his or their discretion, U award and order in and by such Conviction or Order that the Defendant shall pay to the Prosecutor or Complainant respectively such costs as to the said Justice or Justices shall seem r,jasonable in that behalf, and not inconsistent with the Fees established by law io be ^aken on proceedings

X

had Uy and before Justices of the Peace under the Act passer' in the Session held in ihe fourteenth and fifteenth years of Her
Majesty's Reign, and intituled.

An

Act

to establish

an uniform

rate of Fees to be received by Justices of the Peace in Lfpper Canada, and to repeal the Act of Upper Canada, passed in tb* fourth year of the Reign of King William the Fourth, chapter

with the provisions of any other Act or Law in force in Upper Canada regulr.^ing fees or costs in proceedings before Justices of the Peace ; avd in cases where such Justice or Justices, instead of convicting or making an Order as aforesaid, shall dismiss the information or complaint, it shall be lawful for him or them in his or their discretion in and by his or their
seventeen, or

Order of Dismissal, to award and order that the Prosecutor or Complainant, respectively, shall pay to ihe Defendant such costs
as to the said Justice or Justices shall seem reasonable and law as aforesaid ; and the sums so allowed for costs shall in all cases be specified in sach Conviction or Order or Order of IMsmissal as aforesaid, and the same shall be recoverable in the same manner and undfer the same Warrants as any penalty or sum of money adjudged to be paid in and by such Conviction or Order is to be recoverable, and in cases where ^ere is no such penalty or sums of money to be thereby recov-

according to

ered, then such costs shall be recoverable by distress and sale of the goods and chattels of the party, and in default of such distress, by imprisonment, with or without hard labor, for any

time not exceeding one calendar month, unless such costs be sooner paid.

shall

be it enacted. That whefe a conviction adjudges penalty or compensatioQ to be paid, or where an Oi'der requires the payment of a sum of money, and by the Statute authorizing such Conviction or Order, such penalty, compensation or sum of money is to be levied upon the goods

XVIII.

And

a pecuniary

chattels of the Defendant, by distress and sale thereof, and aAao ill cases where, by the Statute in that behalf, no mode of raiding or levying such penalty, compensation or sum of money,

and

174

or

^"^ ?"^ °^ *^« J»«««e8 making such ConvictL or OrXr ? J"s«ce of the Peace for the same Terri %ivS'* ^^^ ^^^ tress (N 1,20 f^ he nur^o- nf '.*° '-'"^ t'^ Warrant of DisWarrlnt of Distress T. fn ^"7?"^ ^^e same which said Seal of the **^"d and the Lr^'^"^:, ""^.^V^^ such Warrant of DisTress fo tht Pn / m "'^ '^ ^^*"^ ^^^i^^ry of """ ^°"?^^''*' *° ^^om the same sha have lected to h. tress shall not be found ^1 hin the lim?. ^""fT^'.^^-^'^^nt dis-

S

t ?

?S jSe maS
1

S

ihe Justice granting such

made upon oath

Wa^*^^^

°^

^^"^

jurisdiction of

such Warrant, before anv ^,2,vl u^ i"'*'^® granting other Territorial Divi,! ion, such JusticeTsuXtS Tel?n^ '^^" t^^^-^upon make an endorsement rN 3^ ^f't' S'^'''^" '\^''^"*' ^'S^^dwith hLs Hand, authoriziSreVelliL „f limits of his the »Varrant and endorsement the penalty or sum «f«rLr-T i thereof a. may not haVLen be^r? U^ may b. levied 'by the '^^J^n^br^tSS ulh arrant, or by tS' person or persons to whnm «.!«», the .

of^ZT.^t^rXJ'ri^^'''''''''''^

T^

JirMilZ^^lZ^::/:^^^^

ih

£. or by

''any

ConrWe'^or

mentioned Territorial Division hl^lS and chattels of the DSant?n,^,ohr.*^
Provided always tharlenever-^^^^^^^

othe^Se 0^"^^"^ l""^*" ^^\ ^•''' ^^^ ^^ '^'« *^^*^« »««^'
""^

w

wS
^"^

I";

'

ott

^""^^^^
'

,'1|

Peace to whom Warrant of DisU^ss^

of the

be ruinous to the shall appear to the sa^d Justice dant or otherwise, tha? he hath 3*" to levy suchS^ss

BeSnttnThi ^^T""^ '?''^-

TSd tharL«

aDnuZTnl\yf u^^^'.

^^^^^^^'^oxxld

^

«"y ^"^^tiee ^"^ '"°*^

tv tt . ^''^^""f^f^pn
n^ •"** ^ood.s and

^'^

7^^«never it of the Defen-

tW

chattels
it

whereon
shall be

jJlitJ

lawfurfo"suchjSe^L^irr^''y.,T^:«^««

such Warrant to 'e^L^^^^ A^efendant or other person to the Common Gaol nr r ^^'^^^ ^^^^« the Territorial Division whth Lrh

or&L'

Sn

^ u w?

-^^

tmm
mi
*'

be so committed, in case such Warrant of and no goods or chattels
penalty or

sum and

costs

aforesaS

h^ beenZn^^h^reon^^^ "''''? ^ ^^""^ '"^^

n;«7u,.'"'^^*

lawful for

hirtoTfferX^«r

™«^' «*
*

^^^^^^

it

shall

be

to

by a w:S;:a'w^:Ltt be kept and detainprl in ^Lfl

""^iTi^^f
J

o^x D 7r

^^ **™*r,*"® Defendant

satisfaction

ir

LEGAL rOBHS

AITS

LAW

MAITUAL.

satisfaction of such Justice, for

iiis appearance before him at the time and place appointed for the Return of such Warrant of Distress, or before such other Justice or Justices for the same Provided always, Territorial Division as may then be there that in all cases where a Defendant shall give security by Recognizance as aforesaid, and shall not afterwards appear at the time and place in the said Recognizance mentioned, then the said Justice who shall have taken the said Recognizance, or any Justice or Justices who may then be there present, upon certifying (F) on the back of the Recognizance the non-appearance of the Defendant, may transmit such Recognizance to the Clerk of the Peace for the Territorial Division within which the offence shall be laid to have been committed, to be proceeded upon in like manner as other Recognizances, and such Certificate shall be deemed sufficient primd, facie evidence of such non-appearance of the said Defendant.
:

ed

it enacted. That if at the time and place appointReturn of any such Warrant of Distress, the Constable, who shall have had execution of the same, shall return (N 4.) that he could find no goods or chattels or no sufficient goods or chattels whereon he could levy the sum cr sums therein mentioned, together with the costs of, or occasioned by, the levy of the same, it shall be lawful for the Justice of the Peace before whom the same shall be returned, to issue his Warrant of Commitment (N 5,) under his hand and Seal, directed to the same or any other Constable, reciting the Conviction or Order shortly, the issuing of the Warrant of Distress and the Return thereto, and requiring such Constable to convey such Defendant or other person to the Gaol or Lock-up House within the Territorial Division for which such Justice shall then be acting, and there to deliver him to the Keeper thereof, and requiring such Keeper to receive the Defendant into such Gaol or Lock-up House, and there to imprison him, or to imprison him and keep him to hard labor, in such manner and for such time as shall have been directed and appointed by the Statute on which the Conviction or Order mentioned in such Warrant of Distress was founded, unless the sum or sums adjudged to be paid, and all costs and charges of the distress, and also the costs and charges of the commitment and conveying of the Defendant to prison, if such

XX. And be
for the

Justice shall think fit so to order (the amount thereof being ascertained and mentioned in such commitment) shall be sooner paid.

XXI. And be it enacted. That where a Justice or Justices of the Peace shall, upon such information or complaint as aforesaid, adjudge the Defendant to be imprisoned, and such Defendant shall then be in prison undergoing imprisonment upon conviction for any other offence, the Warrant of Conviction lor such subse
queiit

176

red to the Gaoler

J^USTIOSB

OP THB PEAGi!! nTTuu... '*^CB SUMirVEr OOKVIOTIONS,

(o

w)

uS Zt^k^f^j^^
he or they shall think fit

*•

»-

»>,all
'-

toTwL Lh r*

be disced, and "« "" """»• ""

fenda.

«

ha?e been pJell^^^^'^^a'^S'o;?

^^0!^ "'-

H

i'ijlljl

committed (Q^) to'the CommoTgao, or ott'^""' "»?^ up House in manner aforesaid, "'°" ^'^ ^°°k. for anv timi (^lendar month, unless «^°««d'"g one such sim

oTd^T^'n' ""^ ^^ ''""h Z.J /"f Dismissal, may be cutor or^ComplainStVnZtare Vo^itd't^' ^/r"distress or payment, ^^^^ ^^^^ult of such Prosecufor «\f ?^
rfiall

p

™Jltli^S12'''otrtT^-.!:''T'- " oon,. be
awarded
distress

for

levied

by

(O

1 )

oos^ in on th.

S

'

^

an7a

onT'

a^ertained and

Lted

in

Jr^^mS^lr^Tl^^^^^^^^

Warrant of Distress or Sr^tme^/?^^ tion of the same, as if no such™^eThL upon any such appeal to the
such
sions shall

against any sucfcLttn'^o^S^^^^^ same shall be decided in fl?or of ?he R^.r^"]'" ^T^^^' if thi Justices who made such *^" -^"^^'^^or Conviction J^^^^^ tice of the Peace for ,*^.*'': *°y °ther Jus. the same T«rX

f

I

^^^"e ^'^^"'^•'i' «^^i^

order

eSer party

behalf,

such costs, such Clerk of^fh?^''*'^"'^*"^^ caaon of the party entitled ^^*°'* «» ^PP^'to such costs or nP

conditioned to

?h shall State within what j"* time such costs h^ '*™«' ^nd same shall not be paid within ^^'^ ' ^"'^ '^ the the timl «. r t ordered to pay theLne shatnot be boVnd by a^^'S' *'^- ^^'^^

such costs to be paid to ^ the CleTof P ^'^7 '*'^" di'-ect to be by him paid^ver '""'^ ^°"«' to the partf emitlerS

to

hf'If*^^ ^^' «^««"CouTof cll ? ^'^"^^^ ^nd if ^"*'*^'' Sesoav co^^^tf ^
J.""!;

£

SI

pay

the party so
ice or

and on payment of a Fee of One

Justices of the for the be lawful for him or them to costs by Warrant of DistressTs 1 1 default of distress he or
shall

applying a CertificLfm?h!^sS' .^^"' to ''^f been paid, and upon ''°'t' ^a^« not production of such P^lfi^

SMn*"^ ?'f ^"
^^f
^^?

°'»'^«

We

Jlme T.

IV'^y

eSo«
?nl

.t'^^"*^ ^^^

J««t^^^^«'°«> it

¥

f ^.

'il

P^^^^^t of such
I?^.^'^'

against

whom

trefrnkV

mbefore mentioned, for any "" ™*"°®^ ^e'-etime no?i.2f.o!?' months, unless the amount "^/^** .^'^'^ndar
of the distn^ss, and also the veying of tne^s^^d

such WarranJThaU ILeTssu'd^f
o^fsrhcosfa anS'if

clTfrf ^'^

^»d in

'^^

P^^^

o^uZ\':^^l^^^^.^!''^<^^^rges-

party to prison, if 7ucTXTt;;TrjuUt

%

shall
-

rj

shall think

fit

and stated

in such

so to order, [the amount thereof bein^ ascertained commitment,] shall be sooner ipaid.

'?: :

1.1

XXrV. And be it enacted, That in all cases where a Warrant against any person, and such of Distress shall issue as aforesaid or tender to the Constable havmg the execution person shall pay Warrant mentionea, of the same, the sum or sums in such such Distress up to the together with the amount of expenses of

Constable shall cease to time of such payment or tender, such any person shalLbe execute the same; and in all cases in which penalty or other imprisoned as aforesaid for non-payment df any pay or cause to be paid to the K«eper of the I'rison sum. he may the Warrant of sum in which he shall be so imprisoned, the oT the costu, Gommitraent mentioned, together with the amount expenses (if any) therein also mentioned, and the charees and shall thereupon dischange said Keeper shall receive the same, and other matter. such person if he be in his custody for no

m

Summary pro"XXV. And be it enacted, That in all cases of Peace out of Sessions, ceedings before a Justice or Justices of the it shall be lawful upon any information or complaint as aforesaid, such mformation or complaint, and to for one Justice to receive and to issue his Summons erant a Summons or Warrant thereon, compel the attendance of any witnesses, and to do OT Warratit to -which may be necessary, prehmmaiy all other atfis and matters that behalf hearing, even in cases where by the^tatute to the and complaint must be hewrd and determined such information the case 'shall have been so by two or more Justices, and After and determined, one Justice may wbub all Warrants of heard it shall not be necessaoy Distress or Commitment thereon ; and or after such cheering, shall that the Justice who so acts before by whom the said case shall be the Justice or one of the Justices always, that in all cases be heard and determined: Provided required that any such infor-where by Statute it is or shall he determined by two or mation or complaint shall be heard and shall be made by more Justices, or that a Conviction or Order be present and actii^ two or more Justices, sudh Justices must hearing amd determination of together during the whole of the

m

the case.

whereas doubts may exist whether under the Session ofParliament held in provisions of the Act passed in the years of Her M^esfrj^s Reign, the thirteenth and fourteenth Act to extendi thenghU oj chaptered fifty-four, and intituled. An cases in Upper Canada, Appeals will he from Anp-als in certain Municipal Councils; Snviction and decisions under By-laws of

XXVI And

Be

it

therefore enacted,
for

any person

anv MnnicinflJ

That in all cases of complaints against committing any ofience against aiiy %-law.of Corooration in Upper Canada all decisions, con-

178j

•0

?n Appeal

scnbedm

in fc Ir the above recited Act

™™

a^

''"""> '^.SE iVeT'^ ,Pn>WW ^
''

'!«

)>re-

ScSyt5;tt'^r5„^fe^.;.T'^,«T:» be deem^jgccd,
Yalid
it

.he

and wfficiemT|aw

''*"'«*<""'»"

XXVIIf. And be

«nactpH T»,»*-

appionted or to be tonal Division or Place,

kppoimeS !„v 6^f^^^^^
SfiJif^^''''^

appointed in that behalf, shall isauthorized by this

^nd sitZslt^&fr''^^' ^''^"' Terri:
^""""^ "» other place

Peace
;

Act

to

varied
to the

andthit the several forms so far as it mav be nplT

bSnll^.?'^"'

^^

Police

Sitting

of such Stipendiar;
it

he^'Z^ *n«ntioned may T'"*^^®' be C^nvTlrZ^'aTll ^^^^ »hem appS,!^
MagJstr^f
^^^«"''
^'^^

'"^''^ ^^^^^^

m
.

i'

I"

other^laae ,<,f

enaotPrJ Tko* t tendent of Police, PolicrMalf.f^f ' ^"/..^JJepfpr and SupM-in. aforesaid sitting 'as appointed jn t&t ^<?Wrt or other
authority to.preserve order in the safd'r^?"/ ^»»Vt rfwing the, holdim. and by the like wav, I^^,f ^^^^ •nay be exercised and by/Jaw are o? by any Courts of Law^^th s PravfnT by the respectively, during
thereof;

XXIX. And be

t

I

SL^f^r^^^^^^^ behalf sLu U^^'?®

^' mm^a^

place

Sed TiiS

th^sifd^fS^^o^^
f+u

W^w ^^"^^l^m^m Ji^es^r^

AAXt And be it enacted Th

and Superinwhere any resisSif/^riiu ^''S^'^'^'y Magistrates, of any Summons. ^"^^^ execution W^r^nt ol^pl^^^^^^^^

m

tendents of Police, .Police
all

cases

mS^^

by<hem. shall be'her7b7emp^wr^^^^^^
of

the

same by

forcing the

the

means SedbvtLl?^^^T?"^^^^«t'«» executiou^ofthrpSS^^^^^^^^^^^^

parts
tl^s

^^X^^^:^:^^^^^^^ ^%*'
Ac,
of Acts contrary to or
shall

inconi

f

the day on ^" ^*^^^^ ^/ts or
'

^^^BI'

^H

'
'

ii ''?

be anJtJ:

^.1:^:^1!^^^
'
'

XXXIL^And be it eaaatfld th^t *u \" it ocours.in thb-S^ihdl i^cI.nV'^'^'^r 9*^^" ^»^<>f Counties f>r judicial purpeaes.^JtJ^'^^^^J^.'^^^^^^^^ '^fff
ever

1

I^IHK,

i

1

•^^''^'^'^^^'^--^tworm"^^^^^^^^
n'??_^^^'^dbe
it

IH^'
^ ,

'!
[

enacted.

That

thi»

i„. „i-n

,

.

,

if III

pressly
^^^^^^^BP

i.

,

^ m

pressly extended to there.

Lower Canada,
it

or to any act to be done

occurs in this Act,

enacted, That whenever the word "Prison" be held to mean any place where parlaw, are usually kept and ties charged with offences against the detained in custody.

XXXIV. And be

it

shall

XXXV. And
and have
force

be and

it

enacted,

That

this

Act

shall

commence
first

effect

upon, from and after the
fifty-three,

day

of

July one thousand eight hundred and

and not

before.

SCHEDULES.
(A.

See Section

I.)

SFJSHUAnx urun SUMMONS TO THE DBFENDAHT UPOU AN INFORMATION OR COMPLAINT,
JIADA, Pbovinob of Can^ 1 {County or United Counties, V ) or as the case may be)o{ (laborer): To A. B. of Whereas Information hath this day been laid [or complaint {one) of Her hath this day been made) before the undersigned, Justices of the Peace in and for the said {County or M^esty's be) oi United Counties, City, Town, ^., as the case may the information or for that you {here state shortly the matter of Her Majesc<ymplaint): These are therefore to command you in o'clock in the at ty's name, to be and appear on Justices of the Peace for , before me or such jforenoon, at

case may be) as the said {County or United Counties, or as the may then be there, to answer to the said information {or complaint, and to be further dealt with according to law. day of Given under {my) Hand and Seal, this {County, or at , in the , at in the year of our Lord
the case

may

be) aforesaid.

, „ r J. S. [l. 8.]

{B.^8ee Section

II.)
is

warrant when the summons

disobeted.

Province of Canada, {County or United Counties, \ , or as the case may be) of -^ , „ To all or any of the Constables or other Peace Officers m as the case may be) of {County or United Counties, or last past, information was laid Whereas On
.

,

the
:

(or

(one) of Her Miyesty's , complaint was made) before UniUd Justices of the Peace in and for the said {County or B. (4<' , for that A. Counties, or as the case may be) of

as in the Summons):

And whereas

(I)

the said Justice of

the

180

P***'*

mXICBS
Peace
ing

0, TH« PK.CK SUMMABX OOKTIOXXOKS,

(o.

W.)

"?mtr X^:^fc^^^^^
comSt

the said A. B.

cc^andn

1 «„,! * k *":?' *? *"*^«r conlingtolaw; LdThSlhTsJ^S'l^^t^^^^^^ be and appear at the ^*.*'' n«glected to time and nl«nl l said Summons, although hath^n'''t*PP^'"*«'*j» *«<» by the
.'

o'clock in ^. ^ Justices of the Peace as miirht then h« said information [or

LCnol^l^^^*"^«PPT°"r """^
'

fi,

f

M
^

*' ' or such unto the

oath that the said A. B.; These a,^

Summons

name, forthwith to before [«,«] or some
the

"P«» thSe Jo 1^'" ^^^^ "^"^^^ ^'' the

ha7K

^

^fV

P^°^«<*

me ipon

apSnd

Peace in and

for

the case

may

^5 ^^J^^'v's theT^J^^^ oTor more oTner* M^esty's t^""« ^"^ "? ?*^ Her Justices of the s^d rr!„«;

be] to

and to be f^rthir

answeMo ttf de^t wij^to'^^^^^^^^
'

S

T' M

S
^

f '^"'^'^ ^''««<»"'
a

«^

Given under my Hand and Seal m the year of our Lord ai Mcca«e may be] aforesaid.

this
'

^"^

^

*i.

® [County, or as
J- S. [l, 8.]

*l*;:

I

r'l!

"

VH

WABBAITT IN THE PIBST IN8TAKCK. Phovinoe op Canada, \ [County or United Counties, (
or as the

case

may

be]

of

)

Whereas Information hath.^dersigned.
for

^tJ'! & ^TSer &?^ [Cim^y or
said
,

i^

.

''"*''

""""y *^^ <>^

?*^.>""
''.".'**°*'

for that

M;
you,

Tb

'

'^^^''^ the uni*'^ ^'^ 'he Peace in and
''^* '^«*«

^^B*

,'

^'

matter of

Majesty's name for7h!!;ft ! B. and to bring him^beforrI;for^*rP^^^^^ *^^ '^^ A. Majesty's Justices of fhe an!?T ^^« °' -T'^ ^^ H«r £r«tW Co««;/e,, or ^*»<* (bounty or as thecZmlff^!''' formation, and to be /'^ ^^^' ^" furJhe^TeaTtTuh^ Given under my Hand and Seal this ""^^''^^'^ m the year of our Lord day of ^n the (County, or <w/Aec<Me way ig) > * aforesaid.

and oath being no w m^i: """"T 'f 4^^^^^"^^tantiatlng the such inforLtion ™These are t^ t^®'"®^^® to in Her command

(Sita^ntTf; T/*

t& t

'"^y *«] of

^H
^Hi^' I'lf'i

PeSn

T

aUrSto

iW
' i;'

^^^^^^^^^H ^^^Ht^'^

iJ^f
(Hjif

^
'

ii

1

.

1

r*

Ite

.

Li.

'

''rfi;'
'
'

'i

J. S. [l. S.J

181
(D.)

Li'

(b;—8te

Sections

m.

Fil/, Jt/f 4- XF.)'

WAMANT

OF COMMITTAL FOB SAFB CUSTODY DUKINO AN ADJOUBIf. MBNT or THE HEABINO.

PiiovntfOB' or Canada*, (CoUnty or UniUd Coi^ntiea, or as th6 case niejf bt) of

Ta dll

and any of thb Conitables <«• Peace Offlocira in' the {County and to 6t United Counties, or as' the ami may U) of the Keeper of the ( CoWWiort.' Oaol or Lock-up Houge)' at la's! past, information wias laid (or #in«i'BiA's On ITei^ Majesty^s complaint madfe) belfci-e' , (dneV of Jiteti6e» of the Peace iri and for the said* (Countp or United for that (4^., as doiinties, or d!»' the cdstrHay he) of in the Summons) r Atii AvHetetts' the heartttg of thef sartie is
, ,

adjourned to tHe
(^ctofcfc in the*

day* of

^nstmt,) At

,' and it is hecessWrV that the said A. B. should in the meAtttirAe be kept in safe custody: 'fhe'se are therefore to command you, or any one of the said Constables or Peace Officers; in Her Majesty's name, forthwith to convey the said A. B. to the [Common Gaol or Lock-up him into the custody of ikouse,] at , and there deliver the Keeper thereof, together with this precept: And I hereby require you, the said Keeper, to receive the said A. B. into your

[fore\tioon, at

Gaol or Lock-vjf Housel and there [instanQ day of , when you are hereby required to convey ahd have him, the said A. B.V at the time and place to Which the said htearing is so adjourned as afot^esSfd, befoi-e such Ju^tice^ df the Peade for the
custody in the said [Common safely keep him until the
^

said[G'<>t«i<$r

or Untied Cdurtties, as (he

ea^ May

ftc]

as

may

then

bo there, to answer fiirther to the iSaid' information [ot com^aint,} and to be fiirther dealt with dccordSng to law.

©ivewuhde*
in'

My HaAd

and

Seal, this*
,

day of
,

the yeai* of oUr* Lord
tti Mi3

At

in the

[Coumy,

(k

cai^ rtia^ &e1 "*

aifofeiiald.

J. S.[;l;s.]

{t.—SedS^ttitilii in, tin,

XII ^ XV.)

recognizamcb for the appbarancb of thb 0epbnda1»t when thb case is adjourned, ob not at once prooeeoed with.

m

Province of Canada. [County or United Counties, as the case may be] of

Be

it

'laborer,]

remembered, That on and L. M. of

,

[grocer,]

B. of , A. and O. P. of

'j/eoman,] personally

one] of

came and appeared oefore the undersigned, Her Majesty's Justices of the Peace in and for the said
ISa
County

JUSTICES O,

TH, „^oi. .tn«i^,r OOSnTHmONS,
the case

(0.

w.)

[C««n/v or United Cauntie», a»

man 6el

of

„n^

my then be%here,l answSl.„S?^^^^
plafntj of C.

the (hiv of [forenoon], for the saii [Cormty or

T^^

r•

**?

befor^

m

1 J''*''^

^l

personally appear on o'clock in the
r
<

Untd Z^i'"'*"

m"*''^

""^'^

^^^

*^^

ZiSfthe s^W 1 "** o be further dealt with accordfnff to law tU,» tk! ;^ b Recognizance to be voy. or else to ^a„"! in fuirfortld^^^^^^^^^

D. exhibited

R

3l'^ '^7'^"

NOTICE

appear personally on * ' 7°"' at r/ore]noon at ® ^'^^'^ »» haft.. r Peace for the [%«,«/« or i7«V«^/ cr„'/;^ as the ease f^o^nUea, may be] of * as shall thpn h« *k *° « ^r*«'n information Lrc^^^^^^^^^ of r\^r7"'"u^'*'I^«'' ^^ ^^^i^h was adjourned to
A. B.,
.
i

AND HIS SUBBTIES. Take notice that you, A. B., are bound and you, L. M. and 0. P.. in the sun, of

OK SOCH HKCOOXBANCI. T. «a «V«r. TO T«« PK.^nAXT
in the

sum of
eadi that vn„

the

.^

Zi^dlilw
j, „ nf

Dated

this
.

hundred and

^

»

*^ wousand eight
J. S. [l. 8.]

.i

{F.-^See Sections IIJ, VIII, Xlf,
CBETCriOATE OF NON-APPEARANCE

XV^^ XIX.)
DB|.«».

TO BE ENDORSED ON THE DANTS BECOGNWANCB.

183

J. S. [l. a.]
rt

i

s

I

^

XXOiJi

70BMS

AlfD I<AW MAlTOAIi.

(G I.— See
Frovincb of Canada, {County or United Counties,
or as the case

Section VI.)

bummonb to a witne8b.

may may

be) of
,

To

E. F. of as the case

in the said

(County or United Counties, or

he) o{

before
be)

WuEHEAB Information was laid (or complaint was made) {one) of Her Majesty's Justices of the Peace in and for the said {County or United Counties, or as the case may
of
to

the Summons,) and it hath been , for that (4^., as in appear to me upon (oath) that you are likely to give material evidence on behalf of the (Prosecutor or Complainant, or Defendant) in this behalf: These are therefore to require you o'clock in the {fore) at to be and appear on before me or such Justices of the Peace for noon, at the said {County or United Counties, or as the case may be) as may then be there, to testify what you shall know concerning the matter of the said information (or complaint). day of Given under my Hand &ni Seal, this the at , in in the year of our Lord County, or as the case may be) aforesaid. (

made

,

,

J. S. [l. s.]

(G

2.

See Section VI.)

WARBAMT WUEBE A WITMESB HAS NOT OBEYED A SUMMONS.
"l Province of Canada, {County or United Counties, or > as the case may be) of 3 To all or any of the Constables and other Peace Officers in the said {County or United Counties as the case may be) of Whereas Information was laid (or complaint was made) before {one) of Her Majesty's Justices of the Peace, in and for the said ( County or United Counties, or as the case may for that (4^., as in the Summons,) and it having be) of been made to appear to {me) upon oath, that E. F., of in the said ( County or United Counties, or as the case may he) (laborer) was likely to give material evidence mi behalf of the (prosecutor) (I) did duly issue (my) Summons to the said E, P., at o'clock, requiring him to be and appear on
,

,

, before me or in the (fore) noon of the same day, at such Justice or Justices of the Peace for the said (County or United Counties, or as the case may be) as might then be there, to testify what he should know concerning the said A. B., or the

matter of the said information (or complaint) : And whereas proof hath this day been made before me, upon oath^ of such

184

Summons

JUSTICES OF THl P«ACB

SUMMABT

OOITyiOTIOira. (o. Tf.)

Summons having been

duly served upon the said

E F

and

?'^e therefore to command you to take the saJH E "®«'®°V.^.n®«® YOU sa.d P F., and bring him and have him on » at o clock in the noon at u e

?L^^^r"'''f'
complar^t)

°' -^"'"^^^ ""^'^^ P«^<^« for the said

(CoZ^yZ

''""'^ concerning the said information (or

m

Given under my Hand and Seal, this the year of our Lord .at

day of

or as the case

may

be) aforesaid.

,* Ll\.^(n ^"^ (Cot«n/y,
J. S. [l. s.]

(G 3.— -Sec Section

VI.)

WARRANT FOR A WITKESS
Ppovincb of Canada, County or United Counties, [or as the case may be] of

IN

THE FIRST INSTAMCE.

!

To

all

»d

Whereas Information was
before the

or any of the Constables, or other PeaPA nffin»«. .•„ *u (aunjyor United Coumi^,, arl.^LcoT.^I^Z"' *°
laid

undersigned (one) of

(or complaint was mad,l' Her MajestyVjasS oTthi

»d

it

JngLad.

.0

appe.r'S„rml^^roI*
?»««'•.""'
i'

11 eT^^
JhrsaW
coraoelled

.„,

E F lTn'ot''S';l;5^'give evidence »"«><''<' tS°' J

w thout beins

«

probable that

tef-.hi Pe«e fo;L^iL-,c±ro?i^;;5^;

llii

2gr„c^irgri^virn'5ss£g
in

Given under my Hand and Seal, this the year of our Lord,
case

'

dav of
'

m
I'

as the

may

at

be] aforesaid.

* ir.thlrr> " *^^ '^^''""'^^

'

''''

J.

S.[l.

s.]

I

i.<SO

[G.-4]
{f

)

I.^lt

(0 4.^-8ee SecHon VI
COMMITMENT OT A WITNE8B FOR REFUBINO TO BB SWORN OR
EVIMINCK.
QIVI

pRoviNCJi OP Canada, {County or United Ceuntiex,

or as the case

may

be) of t&s

To

all or

any of the Constabloik or otker Peace Officers in

aaid {Countyi or United Comntie$,or as the case t/tay be) of and to the Keeper of the Common Gaol of the said ( Covmty or United Counties, as the case may be) at

WuBRBAS Information was laid (or complaint was made) before (we) (one) of Her Mtyesty s Justices of the Peace in and for the said {County or United Counties, or as the case may be) of for that (4^., as in the Summons), and one E. F., now appearing before me such Justice as aforesaid, on » and being required by me to make , at oath or affirmation as a witness in that behalf, hath now refused so to do, {o$' being now here duly sworn as a witness in the matter of the said information (or complaint) doth reiuse to answer a certain question concerning the premises which ia now here put to him, and more particularly tlie folio wiag; question (here insert the exact words of the question) y without ciTering any just excuse for such his refusal > ; These are therefore to command you, or any one of the said Constables or Peace Officers to take the said E. F., and him safely to convey to the Common Gaol at aforesaid, and th*;re deliver him to the said Keeper thereof^ together with this Precept and I do hereby command you the said Keeper of the said Common Gaol to receive the said E. F. into your custody in the said Common Gaol and there imprison nim for such his Contempt for the space of days, unless he shall in the meantime consent to be examined and to answer concerning the premises, and for so doing this shall be your sufficient
, ;

my Hand and Seal, this in the year of our Lord, , at or as the case may be) aforesaid.
(H.—-Sfefi Section XIL)

Warrant. Given under

day of
,

in the {County,
J. S. [l. s.J

H

'i

warrant to remand a defendast wbilf apprehended.
ii<

u

Province of Canada, {County or United Counties, or as the case may be) of

To

all or any of the Constables, or other Peace Officers in the said (County or United Counties, or as the case may he) of

"186

and

JU8TI0BB or -nrt FIACW SUMlltAUT CONTI0TION8,
*"** *^
Hdu':le) Ht

(o.

W.)

^* ^^^^^

"^^ '***

{Common Gaol
[or

or ZorA-wp

W,.uH«A8 CbmplHint
in

woa^made
as in the

information was laid)

and
L

for th« the
L

/ r ^T^ {County or

Majastys Justices oi the Peace t^?',
Vnite.U CounHes, or as the case

'^''.^ha' (4«-.

Summons

or Warrant)

may be) And

:^Snf

virtue of l^V"''^ a Warrant,

now brought

f upon such information {or complaint) u^««"
me
as such

^-

*'"'''

apprehended

unSl'd
;

before

by and is

Justice

Tiwf
wl kIJA

command
Offl

as aforesaid
fortliwith

Thei
convey ^

you. or

any one of the said Constable*.

1^.^S A. the said A

Z

n td the (Common Ghol B '.!!V" .S""" ^^^^r^ or
*^^«''?'"

name

to

Lock-up

himto the said Keeper thereof together" ^^«°5P'5/"'«.ido hereby command you th^ said
'5'

Ihu^)

at

the said fcTlnr''?''^ Lock-up House), and {Common Gaolo^ there safely keep him until next the day of (instant), when you are hereby commanded to convey and have him at
before

f ^
•'^

^- '"^« y^"'- «"«tody in

the year
ca««

case may be) as may then be there, to answer to the said information [or complainU and '"Wj »'»« to be further dealt with according to law. Given under my Hand and Seal, this day of in

it o'clock in the noon of the same day. me, or such Justice or Justices of the I'eace of the said {bounty or United Counties, or as the

of our Lord
6e],

.at

may

,

aforesaid.

in the ^CoLy, or as 'the t y. ' "**'«»
J. S. [l. s.J

C»WV1WP«)N'

[I I.— See Sections XIlI Jf t/.J FOR A PBVALTV tO' BF> E.vrlCD BY DIBTBESS, AND IH nePAUW or sUrpioiENT DiBTREas, by imphisowmeot, PrdVWCE OP CAKADil, ) [Cffunty or United Counties, y

^

or as the case

may

fte}

of

)

Be

it REMBirfBEHED,

That on tte
At

the year of

our Lord
°':rV

day of
in the

\ti

W

ttll^

^T^'-''

^/'"""^ '^"y

vtrltZ^'-A^P^^'^'"'^

hTZl^V^t^^''-^^^

A. B. ?s J"««ces of the °^ ^""'^'^ ^''^^'^^*' or as the case may

H.

conS

TC

t

committed,) and la'liudffe said offence to forfeit and pay the sum of {stating the penalty, and also the compensation, if any) to paid and applied according tahw, and also to' pay to the .for his costs in tL^ehalf! "??f^;,^J,r2!._.. ,__. ,06 not " " °"'^ acvciai Sums paid forthwith

Itl-lfu^I'^^y^^^'^ "^^ ^^^^ the said A. B. for his

^

187

on or before

LSQAL FORMS AKS LAW MAKVAX.
before the

of

be levied by

distress

of the said A. B., I adjudge the said A. B. to be imprisoned in the Common Gaol of the said {County or United Counties, or as the case may be,) at in the said County of (there to be kept to hard labor) for the space of , unless the said several sums and all costs and charges of the said distress [and of the commitment and conveying of the said A. B. to the said Gaol] shall be sooner paid. Given under my Hand and Seal, the day and year first in the [County or United Counties^ above mentioned, at

next,) * I order that the same and sale of the goods and chattels and in default of sufficient distress,

or as

the case

may

be] aforesaid.
J. S. [l. 8.]

(I

Z.—See

Sections

XIIJ
in

^

XVI.)
of
payment,

conviction

foa

a penalty, and

default

imprisonment,

Province of Canada, {County or United Counties, or as the case may be) of in the day of Be rr Remembered, That on the United year of our Lord at , in the said (County or CourUieSf or as the case may be), A. B. is convicted before the undersigned, (one) of Her Majesty's Justices of the Peace for the said (County or United Counties, or as the case may be), for that he the said A. B. ( ^., stating the offence, and the time and place when and where it was committed,) and I adjuge the said A. B. for his said offence to forfeit and pay the sum of
, ,

(stating the penally

and the compensation

if any), to
;

be paid and applied according to law ; and also to pay to the said C. D. the sum of for his costs in this behalf and if the said several sums be not paid forthwith [or, on or before
next,]

the

Common Gaol
may
to

the case

[and there

I adjudge the *'aid A. B. to be imprisoned in of the said ( County or United Counties, or as be,) at in the said County of be kept at hard labor] for the space of ,

* Or, when the issuing of a Distress Warrant would be ruinous to the Defendant or his family, or it appears that he has no goods whereon to levy a distress, then, instead of the words between the asterisks * * say, " then inasmuch as it hath now been made
to appear to
this behalf

me

(that the issuing of

a Warrant of

Distress in

would be ruinous

to the said A. B. or his family," or,

" that the said A. B. hath no goods or chattels whereon to levy the said sums by distress),'' I adjudge, Sec, (as above, to the end). unless 188

JUSTICES OP THE PEACE SIXMMABT COITTICTIOITS,

(c.

W.)

unless the said sums and the costs and charges of conveying the said A. B. to the said Common Gaol, shall

be sooner paid.

Given under

my Hand

and

above mentioned, at

may

Seal, the day and year first in the [County, or as the case
J. S.
(l. b.)

bej aforesaid.

CONVICTIOX

(I 3.— See Sections XIII ^ XVI.) WHEN THE PUNISHMENT 13 BY IMPRISONMENT, &c.

^;

Province op Canada, i [County or United Counties, \ or as the case may he"] of ) Be it remembered. That on the day of in the year of our Lord in the said [County ci United , Counties, or as the case may he'] A. B. is convicted before the undersigned [one] of Her Majesty's Justices of the Peace in and for the said [County or United Counties, or as the casd may be] for that he the said A. B. [^., stating the offence and the time and place when and where it was committed] and I adjudge the said A. B for his said offence to be imprisoned in the Common Gaol of the said [County or United Counties
;

k

4^^

I

"3

ii-

or as the case

may

be,] at

County of
/oAor] for the

[and

jn thl there to be kept at hard
;

the said

space of A. B. to pay to the said C. D. the

and

I also

adjudge

and if the for costs be not paid forthwith, [or on or before next then * I order that the said sum be levied by distress and sale of the goods and chattels of the said A. B. ; and in default of sufficient distress in that behalf, * I adjudge the said B to be imprisoned in the said Common Gaol, [and there to be kepi at hard labor] for the space of to ,

for his costs in this behalf,

sum of said sum

.<H

A

commence

aj

and from the term of

his imprisonment

atoresaid, unless the said

Given under mentioned at
the case

my Hand

sum and

for costs shall be sooner paid Seal, the day and year first above

in the

may

[County or United Counties, or as
J. S. [l. 8.]

be] aforesaid.

the issuing of a Distress Warrant would he 0^» ruinous to Defendant or his family, or it appears that he has no goods whereon to levy a distress, then, instead of the words between the asterisks * • tag, « maamuch as it hath now been made to appear to me (that the usumg of a Warrant of Difltress in this behalf would be ruinous to the said A. B and his tamily," or, « that the said A. B. hath no goods "..wrcv« 5v iOTj viio Diuu auiu lur cuscB Dy aistreaa)" i adjudge, &c.
the

when

fji

189

[Kl.]

(K 1.—Sfee

««c<ions

Z///

^ JCF/.)

qbder for payment of monet to be levied by distress, and in default of distress, imprisonment.
Province of Canada, [County or United Counties,
or as the case

may

be"]

of

\
complaint

Be

it

remembered, That op

was made

before the undersigned, [one] of Her Majesty's Justices of the Peace in and ibr the said [County or -United Counties^ or as the for that [stating the facts entUling the case may be] of Complainant to the order, with the time aiid place u^hen andwhwe they occurred^ and now at this day, to wit, on the parties aforesaid appear before me, the said rat .Justice, [or the said C. ,D. appears before me the said Justice, but the said A. B- although duly called doth not appear by himrfielf, his Counsel or Attorney, and it is now satisfactorily proved to me on oath that the said A. B. has been di)ly. served with the Summons in this behalf, which required him to.be and appear here on this day before me or such Justice or, Justices of the Peace for this said [County or United Countie", or as the case nmy be] as should now be here, to answer thft said complaint, and to be further dealt with according to law] ; and now having ;heard the matter of the said complaint, I do adjudge the said forthwith, ,A B. [to pay to the said C. D. the sum of next, [or, as the StatMsmay require,] cr on or before ,and also, to pay to the said C. D., the sum of .forhis costs in this behalf; and if the. said several sums be not next. then * I hereby rpaid forthwith, [or on. or before 'K^rder that ,the;same be levied by ilistres^, p,nd se^le of the ,goo4s And diatteis ofthe«aid,A. B. [and in default, of sufficient distress B. to be imprisoned in the ,,in\that behalf * I, adjudge the .said Common Gaol of the said [County or United Counties, or as the in the, said Cot^n^j/ of ,fase.mayhe^9X
,

A

,

unless 'har4 la^or] for th<B space pf -;tia)e:,9aid e&v^ral sums smd all costs and charges of the, said dis>.tress[and9fthec!9twnitmentxind,cQfiveying of the said A. B. to the said Common Gaol,] shall be sooner paid.

[and. there kept

<tt

•.

* Or, whenthe issuing of a Distress Warrant would be rainotu Defendant or his family, or it appears that he hfi9<no goods rjuihereon to levi/ a distress, then^ instecm of the words between the .iut€risks * *,say, "in^much as it hath now been made to/?ippear ito.w»e[that the issping of a Warrant pf Pl§tre?s in this behalf twwildibe ruiwiovis to the isaid, A. B. and,his,family,".or *^.that Ibe aAid A. B. vhath na goods or chattels ;vyh^r«Qn tp hvy <ije s^d
to the
.

Bums oy

Qisircss, j

1

_j:.,j

ji

190

Given

}i|il

J

JirsTiCEs

or tbu jb^ob summabt ooimaMoirs,
this

(o.

w.)

("'^

Given undermy Hand and Seal,

in the year of our Lord, at [County or as the case may be] aforesaid.

d«y of
in the
J. S.
|"l.

s.]
!]

f

1]

[K

2.-^See Sections JCIU 4X.ri2
If'

OKDBB EOa PAYMENT OF MOWBY. AND IN DBFAXTM 07 PATM^x^

i'il
i:<

PaovmoE OF Cakada, ,) [County or United Counties, i or as the case may be'] of ) Be it rbmbmbbkbd. That on
.the

I

f

undersigned,

rovielofH^Ma^P^fvlf^'!^ ^«»

<.»»...i

^

"'a^e before

"^« 't^ [«r.th;?«^d'c.''a;t^^^^^ but the said A. B. although^KaS^ST.rn^^ '^^ '"^ himelj, hi. Counsel or Attor^neHnS tt-^^^' v^ .proved to me on oath that the said B 'hL bpTn ?'f '''*'*''"^
said Justice,
'tice,

with the
here

Summons

A

Itow

on this day before. me or suih p' ^^'^ 7^^' of^h. n^d [Gounty-or United- Countie^rZZZf^^^^ the ^«Jnow be here, toanswerlhe.said '^^^^ corplaintTndTe r/«''ther dealt ^ith according toJawil and now t

in this behalf, requirin

TSs
iSS

ATm fn J

*^"'j '""^^'^

n^r

C. D. the

sum of

forlhwh-h «^ ««

^'^

iLv^

the.said

/

=1

»j

t. JJ.

the

the said

sum of for hiq nnatm ;« !:• *L ^ ? *"® "^'d seveml «ums be no ^^d forth^^''^' ^''^^'^^ ^^^ ^f
next,)iihen
I

in

Gaol of jj^/Aeca^^y 6e]^t

the

Common

thJ^Icom^ t' U±^^^^^^
ii the sfid

adjudTthe^dT R t^^"•

^'^

*^^°^«

I^Aere J>.fie.*«;,f «< hard /afer for the. space the said several sums[an</ cos/s «»tf conveying ithe said B.tothe

Coun^^^^^^ ^

'^

JC

•oonerpaid.
.

cW«* ^f .v,,«„,-^' T®" saidV^^n^T^.^'l'^ common tmol] $hall be
dav of
'

^

^

in the

Given under-my Hand and Seal, this year of our Lord

as'the case

may

,

kt

be] aforesaid.

in^ZTV^ ^^H^o^nty,
J-S.[l.«.J

or

191

(K.~3.)

KBOAL FORKS

A3IJ1

LAW

MAinJAXi.

[K S.—See

Sections

XIII

&

AT/]
it

dbdde fob any othbb matter whebb the disobeying op punishable with imprisonment. Province of Canada,
[County or United Counties, or as the case may be, of

Be

it

REMEMDEREn, That on

complaint

was made

the undersigned, [one] of Her Majesty's Justices of the Peace in and for the said [County or United Counties, or as the case may be,"] oi that [stating the facts entitling the , for Complainant to the order, with the time and place where and when they nccured,'] and now at this day, to wit, on at , the parties aforesaid appear before me the said Justice, (or the said C. D. appears before me the said Justice, but the said A. B. although duly called doth not appear by himself, his Counsel or Attorney, and it is now satisfactorily proved to me upon oath that the said A. B. has been duly served with the Summons in this behalf, which required him to be and appear here this day before me or such Justice or Justices of the Peace for the said [County or United Counties, or as the case may 5e,] as should now be here, to answer to the said complaint, and to be further dealt with according to law,] and now having heard the matter of the said complaint, I do therefore adjudge the said A. B. to {here state the matter required to be done,) and if upon a copy of the Minute of this Order being served upon the said A. B. either personally or by leaving the same for him at his last or most usual place of abode, he shall neglect or refuse to obey the same, in that case I adjudge the said A. B. for such his disobedience to be imprisoned in the Common Gaol of the said [CourUy in the said or United Counties, or as the case may &e,] at County of {there io be kept at hard labor) for the space of (unless the said order be sooner obeyed, (tf the Statute authorize this) ; and I do also adjudge the said A. 6. to pay to the said C. D. the sum of for his costs in this behalf, and if the said sum for costs be not paid forthwith, {or on or before next,) I order the same to be levied by distress and sale of the goods and chattels of the said A. B. any in default of sufficient distress in that behalf, I adjudge the said A. B. to be imprisoned in the said Common Gaol; {there to ht kept at hard labor) for the space of to commence at and from the termination of his imprisonment aforesaid, unless the said sum for costs shall be sooner paid. before

Given under
,

my Hand

in the year

and SeaU this of our Lord

day
,

of
,

at
[l. 8.]

in the {County, or as the case

may

be)

aforesaid.
J. S.

192

(L)

JUSTICES OP THU W.AOB

8UM1UEY

COKVIOTIONS,

(o.

W.)

PBovTororsr
{County or
C/^wiVerf

[L.—See Section XlII] L»f AN '" ""°"^™''

"

™ """"™-

(.r

;«r«»™ • complaint wa, ™ade) hire .h. Majesty s Justices of the Peace in anH e^^ti! .A United Counlie,. or a, the c^a^b^^^''' "" '""'
^i

Counties, ( ftV, or as the case may be) of Be it remembered, That on

«ndeSgS'2)T H^'r ^^
(''"a".
..1k

Wc.,.^m ,. Sun^nsjo

the

i¥™^n«

and now

.,\^'^,

-

il

duly called doth not apwarl upon the matter of the said information [or complSl

before n,e in order .hit I should fo™at,on (or complaint,) „• the but the said C. although

D

^i A. B. appewelh before me

hear'a'^^'d'efeZl^.he^?:'

S

wh^^'
h.

"'.^li^ient distress in that behalf laaiuage the saU O D. ," ', said C. to be imprisoned the Common Gaol {County or Counties or as tke the said Countv of \^ i r««^*t kept at hard Mori for the spacTof ,Sess he saW sum for costs and all costs and charges of the sad dist e s

Ste

n

of the said

m

Un^

h

clZyfeJ M

(jtoal,)

shall be

sooner paid.

^uminon.
Seal, this

Given under
,

my Hand and
in the

m the

year of our Lord
'

jav of
at
J. S. [l. 8.]

{County, or as the case may be] aforesaid.

IM.—See

Section XIIl.]

OEETIPICATB OF DISMISSAL. I HEREBY CERTiPv, That an information [or complaint! Dr«f«rn«^ by CD. against A. B. for that [or as day considered by me. one of her Majesty's Justices of fhTp m and for i^e [County or United

inthes2mZ]Ztr^,

'Dated
hundred

thir'
and

""

ColiTo^TZ fJem^a^T] 'r;of~^' ^^^'^ Ti . ^ thousand eight
'

''"^

J* S.
be omitted.

[h, 8.]

* If the Informant or Complainant do not

qi^ar, these worde may

193

[NIJ

w f

PR
'^

l*

*

m
x^^l
..i^^H

'ill^^H

^

M .l^i^l

1

W^


f

'•,

laaUi VOBMB AHB LAW MANUAL.

[N ].—See
warrant op
Province op Canada, (County or United Counties,
or us the case
all

Section

XVIIL]

distress upon a conviction for a prnaltt.

may

be)

of
:

I

I

or any of the Constables, or other Peace Officers in the To said [County or United Counties, or as the case may be] of t [laborer,] was on this day , Whereas A. B., late of , [one] last past] duly convicled before Tor on of Her Majesty's Justices o^ the Peace, in and for the said -he case may he] of , for [County or United Countie mciion,] and it was thereby that [stating the offence as adjudged that the said A. B., ...ould for ruch his offence forfeit and pay [4<;., as in conviction^ and should also pay to the said for his costs in that behalf; and it C. D., the sum of was thereby ordered that if the said several sums should not be
.

paid [forthwith] the same should be levied by distress and sale of the goods and chattels of the said A. B.; and it was thereby also adjudged that the said A. B., in default of sufficient distress, should be imprisoned in the Common Gaol of the said [County in the said or United Counties, or as the case may be,] at

[and there to be kept at hard labor] for the County of , several sums and all costs , unless the said space of and charges of the said distress, and of the commitment and conveying of the said A. B., to the said Common Gaol, should be sooner paid And whereas the said A. B., being so convicted as aforesaid and being [now] required to pay the said sums of hath not paid the same or any part thereof, but therein and hath made default ; These are therefore to command you, in Her Majesty's name, forthwith to make distress of the goods and days next alter chattels of the said A. B. and if within the making of such distress, the said sums, together with the reasonable charges of taking and keeping the distress, shall not be paid, then you do sell the said goods and chattels so by you distrained, and do pay the money arising from such sale unto me [the convicting Justice or one of the convicting Justices] that I may pay and apply the same as by law is directed, and may render the overplus, if any, on demand, to the said A. B. and if
; ; ;

no such distress can be found, then, that you certify the same
me,
to the

unto

end that such further proceedings

may

be had thereon
in

Fv"

as to law doth appertain. Given under my Hand and Seal, this » *' the year of our Lord
.

day of

,

^" *^® [County,
J. S. [l.
s.]

or as the case

may

be] aforesaid.

194
IJ
T

[Na]

^ffl

nrsTioEs or this

macb SUMMABT
Section

COKVIOTIOI^S, (0. w.)

[N 2.— ^feg
WARRANT OP DIBTRESS

XVIIL]
OF

VPnm AN ORDER FOR UPON av r.n»». THE PAYMENT MONEY.
)
} )

Province op Canada, [County or United Counties, or
<u the case

may

be] of

To

all

or

-d iCounty or

any of the

Constables, or other Peace Offippro United auntie^, or «1 .1

Sri^tjS "
^- "^ade ^-^

*u

'^^

loZl nf

H t-

P'^*'

^ °°"^P'^'"^

before

%,

u

forthesailTl^^^rfeS^^^^^^^

i",-"

C. D., tSe

1Z.7

**"*

^fii^"^ f '!°

P«y

to the

sai-d

by

d|s.e.^'':ji or.t.

'Xsz^:tt:ii':r
i!

«™sa„d Jl »c«,rarch4e. of the

iisiSTJlm

"'"?'
jt^

J

^i

^r

'hi

tels

so

bvvou distrainpV nn^^

!f "

^^^ ^^'^ 2°°^^

^n^ chat-

u>

Given under my Hand and Seal, this the year of our Lord
-t
,.„„

day of
in the [Countt/
J. S. [l. b.]

,„„y 5^j ttioresaid.

^i

W

[N8.J

'

/ifl ^\\

(N S.—See

Section

XVIIL)

endorsement in backing a warhant of distress. Province of Canada, {County or United Counties,
or as the case

hath this day been made before me, one of her Majesty's Justices of the Peace in and for the said {County or United Counties, or as the case may be,) that the name of J. S. to the within Warrant subscribed, is of the hand-writing of the Justice of the Peace within mentioned, I do therefore authorize U. T. who bringeth me lliis Warrant, and all other peraons to whom this Warrant was originally directed, or bv whom
the same may be lawfully executed, and also all Constables and other Peace Officers in the said (County or United Counties, or to execute the same within the said as the case may be,) of {County or United Counties^ or as the case may be) and of day of , one thousand Given under my Hand, this 0. K. . eight hundred and

may be,) of Whereas Proof upon oath

(N A.— See

Section

XX,

constable's RETURN TO A WARRANT OF DISTRESS.

{County or United , in the I, W. T., Constable of hereby certify to Counties or as the case may be) of J. S., Esquire, one of Her Majesty's Justices of the Peace for the {Couny or United Counties, or as the case may be) that by virtue of this Warrant, I have maide diligent search for the goods and chattels of the within mentioned A. B., and that I can find no sufficient goods or chattels of the said A. B. whereon to levy the gums within mentioned. one thousand day of Witness my Hand, this
,

WARRANT

eight hundred ^

and

W.T.
(N b.—See
Section.

XX.)
in the
,

To

all

WARRANT OP COMMITMENT FOE WANT OF DI8TRBSS. or any of the Constables and other Peace Officers,

N

{County or United Counties or as the case may be,) of and to the keeper of the Common Gaol of the said {County or at United Counties, or as the case may be,) of : in the said County of Waebeas (4<., as in either of the foregoing Distress WarrawU l,^,to the asterisk*, and then thus): And whereas afterwards, tb day of , in the year aforesaid, I, on the said Justice issued a Warrant to all or any of the Constables or other Peace Officers of the {County or United Counties or asiht catt 19Q
>

JUSTICES or THl PlIAOB
case

.UMMABT

COKVICTIOKfl, (o. W.)
j.,

may

I

)

of

/.«,„^

thern. to'

«.d
as
I

well by the return to the said War raS by the Constable who had the execution of the as "theru.se. that the said Constable hath
of Distress,

'^'"^.:V7 sah of ,he goods and chattels of the TJd A. B, appears
to

Jy the «aid

sums

^°'"^„«»'^-g
of

'^

me as

a'JZZ
sa^

made dmRent sear^
»>"'

Less'whtreon ^nT'' ?^ found These are ^hL7J ^^!

'^' ^"'^ ^'"'"'

«'

^^at

^ZiZZZ
A R
^bre.'

*^T

"mentioned could be

Dies or reace Uflicers, or any one of you, to take the said and h.m safely to convey to the Common Gaol at

son him (and hard labor) for the sp^^e of ^ unless^ thf sums, and all the costs and charges of the said db! tress, (and of the commitment and convevine of theJid A ^' *" the Common Gaol) amounting to the of shall be sooner paid unto you the said Keeper ; and for so doinfc ^ this shall be your sufficient Warrant Given under my Hand and Seal, this day of in the year of our Lord ' /^ at ; *l
keep

Keeper, togethertuh tt PrSce ":nd1'rh''V°r^'' ^^'P'^and said Keeper 3commi r to receive the you, the B. into vour said Common Gaol said A custody, m the said Common Gaol, there to imor

said

S the 01 he

T^

htm

at

«.d

sevreral

m

'

fuSlm

R*

or as the case

may

'

be) aforesaid.

(County,

J- S. [l. 8.]

(O

1.)

WARRANT OP COMMITMENT UPON A CONVICTION FOE A PENALTY IN THB
first instance.

Province op Canada, (County or United Counties, or as the case may be,) of

To

all

said

or any of the Constables and other (County or United Counties, or as

Peace

tr , Tiu}V-^^ ^®®P*''' «^ ^^^ Common Gaol of the said {County or United Counties, or as the case may be) of it , in the said County of

Officers in the the case may be) of

*M M-o'A^ ^f °^
I

TOted before he undersigned, , . (one) of ae Peace, in and for the said

°" *is day con! Majesty's Juslfces of {County m- Unilid

</*"'••)

Her

CmnUe^TZ
""

m.n), and shoufi
"'

p^ay

toX t, C. D.

.helt'oT

""

'Z
\^

A A.

^^"^ "« j.uiu ijonawiik] "^'Y K should k» eWnnM be^imprisoned m the Common Gaol of
"•

~~"

iJ.

tie said the said

;J».
:^'

JbjjmB

^il

HMMMj

[County

i
fe.

'^^^1 e^^^H
'^'i^^^^l

ij'

^

^-^^^^1

;

LIOAL FOBUa A5D LAW MAVCAX.
[County or United Counties, or as
in the said

the case

may

be) at
at

County of
,

[and there kept

hard laborl

unless the said several sums [and of the costs and charges of conveying the said A. B. to the said Common Gaol] should be sooner paid And whereas the time in and by the said conviction appointed for the payment of the said sevtral sums hath elapsed, but the said A. B. hath not paid the sam« or any part thereof, but therein hath made default These ar» therelbre to command you, the said Constables or Peace Officers, or any one of you, to take the said A. B., and him safely to confor liie space
; ;

aforesaid, and there to vey to the Common Gaol at deliver him to the Keeper thereof, together with this Precept And I do hereby command you the said Keeper of the said Common Gaol to receive the said A. B. into your custody in the said Common Gaol, there to imprison him [and keep him at hard labor] sums [and for the space of , unless the said several
costs

amounting paid ; and
rant.

and charges of carrying him to the further sum of
for

to the

said
,

Common
shall

Gaol,

be sooner

your so doing

this sL Jl

be your sufficient War-

Given under
in the

my Hand and

Seal, this
,

day of
,

,

year of our Lord

at

in the [County,
J. S.

or as the case

may

be] aforesaid.
[h. 8.]

(0

2.)

wabrant of commitment on an order
Province of Canada, [County or United Counties, as the case may be,] of

in

the

first instance'

WARRANT

C

To all

or any of the Constables and other Peace Officers in the said (County or United Counties, or as the case may be) of and to the Keeper of the Common Gaol of the (Chunty or
,

in the said

United Counties, or as the case County of

may
:

be)

of

at

Whereas

O

last past,

complaint

was made

before

the undersigned, (one) of Her Majesty's Justices of the Peace in and for the said [ County or United Counties, or as the case may be] of for that [^., as in the order] and afterwards, to , the parties wit, on the day of , at

1. tftjr^HI
'

In

f

1

appeared before me the said Justice [or as it may be in the order] and thereupon having considered the matter of the said complaint, I adjudged the said A. B. to pay to the said C. D. the sum day of of , on or before the then next, and also to pay to the said C. D. the sum of for his costs in that behalf; and I also thereby adjudged that if tlM 198
.'S

JU8T1CJ8 or THI P.AO.
the said several

.UMMABT COHTI0TI0K8,

(O.

W.)

of o"f^"' at the said County of ^ (and there to he kept at hard labor) for the space of unless the said several sums [and the costs and charges of conveyxng the said A, B. tothesaii Common Gaol, as thfcasimayZ^ should be sooner paid And whereas ; the time in and by The sa^ oroer appointed for the payment of the said several sums of money hath elapsed but the said A. B. hath not paid thHame or any part thereof, but therein hath made default; These therefore to command you the said Constables and Peace
case be )

r~ M
may

Vr

sums should not be paid on or before the
r.

^^^ «»'d A. B. should be imprisoned *H® Vf**' ''!'.' ^''''""'^ °; ^"^'^'' Counties J^^rauU

m

Z

Offi-

voy to the said

T\nT^ V^' *° '^S^ Common Gao

'l"^
,

«^^ ^' «• «"d him

at

safely to con. aforesaid ,^r>AthllL

;otr

^'^ Keeperihereof. togethef e^" AndfdThe "h'^comniand you the said Keeper And I do hereby of the said Common Gaol to receive the said A. B. into your custody inthe saTd Common Gaol there to imprison him [and keep him at hard lahof[ for the space of , unless the said several sums ih costs and charges of conveying him to the said Common baol amounting the further sum of ]. shall be sooner paid ^"' ''' '^-- '^'-^' ^'^^ «h^"

Sis^Ve

m

S
^

sXi?nt

^t^r''

Given under my Hand and Seal, this m the year of our Lord at [County, or as the case may he] aforesaid.

day

of '° th*
'
'

J. S. [l. 8.]

(Q l.—See

Section

XXII.)

WAHRAWT OF DISTRESS FOa COSTS UPON AN ORDER FOR DISMISSAL OP AN INFORMATION OR COMPLAUTT. Province of Canada, [County or United Counties, or as the case may be] of To aJI or any of the Constables, or other Peace Officers in the said [County or United Counties, or as the

calJli^ iq

plabrwTmaSe) before'"'
Counties or as the case

'''''

''^^^T.^T
^

7'^:^^. T"

i

m
-

may be) of for thaf (z^ Z, ^*^" "^ order of dismissal) and afterwards, to wit. on paries appearing before in order u J that (/) should J^**^ hear and determine the same, and the several oofe adduced to (me) in that behalf being b^ p (^e),h!ly heard and considered, and it manifestly aoDearln/to r^fi^ ihl.C^!-? information (or^^complaint) was not proved,

m the

J

?L/A

,

W^^^^t

missed

UOAL VOBMB AKD LAW

IfAHVAt.

missed tho same, nnd adjudged iWat the said C. D. should pay to for his costs incurred by hira the said A. D. the sum ot in his defence in that behal'; and (/) ordered that if the said Butn for costs should not be paid [Jorl/iwitlt'\ the same should be levied on the goo<J8 and chattels of the said C. D., and (/) adadjudged that in default of sufficient distress in that behalf the said C. D. shotild be in)prisoncd in the Common Gaol of the said {County or United Counties, or as the case may be,) of
,

at

in the said

County of

labor) lor the space of , unless the said sum for costs, and all costs and charges of the said distress, and of the commitment and conveying of the said A. B. to the said Common Gaol should be sooner paid ;* And whereas the said C. D. being now required to pay to the said A. B. the said sum for costs, hath not paid the same, or any part thereof, but therein hath made default ; These are therefore to command you, in Her Majesty's name, forthwith to make distress of the goods and chattels of the said C. D., and if within the days next after the making of such distress, space of the said last mentioned sum, together with the reasonable charges of taking and keeping the said distress, shall not be paid, then that you do sell the said goods and chattels so by you dii trained, and do pay the money arising from such sale to me (the

(and there kept at hard

made, such order or dismissal, as the ca'e may he) tnat apply the same as by law directed, and may (/) render the overplus (if any,) on demand to the said C. D. and if no such distress can be found, then that you certify the same unto me, {or to any other Justice of the Peace for the same)
Justice

who

may pay and

(County or United Counties, or as tfie case may be) to the end that such proceedings may be had therein as to law doth appertain.

Given under

my Hand
Lord

and Seal,

this
,

day of
at
,

,

in the year of our

in the

{County, or as the case

may

be) aforesaid. J. S. [l. 8.]

(Q 2.—-See

Section

XXIL)
DISTRESS IN THE LAST

WABRAMT or COMMITMENT FOE WANT OF
CASE.

Province or Canada, {County or United Counties, or as the case may be) of To all or any of the Constables, or Peace Officers, in the said , County or United Counties, or as the case may be) of ( and to the Keeper of the Common Gaol of the said (County at or United Counties, or as the case may be) of
}n luu saiu vyuUiiiy ut

200

Whereai

JUSTICES or

TM

PBJLOl iUiniABT OOmriCTIOWIl,

(0.

w.)

thus:

And whereas

altcrwardu, on the

dnv of

?C«««/« orVAiw''^ '?• (Countj/ or Umied Counties, or as the case may then., or any one of ,hcm to levy the said

^^ «»'^«^ l^^aee Officers of the said
be)

commanding
"""*'"'"jV»

8um of

H;i

C U ?L\:\.IW the said Warrant

AnZT
^

''"'^.""'' °^ ^*'" 8°"^'«

^Tf

«"^

<^'^^"els of the said

iteLT
fore to

11

'"«' «" ^«" by the return to nof Distress of the Constable (or Peace Officer) '^,«^««"/'°".?f the same, as otherwise, that the
**^

"PP®^?

'

ii
^j-

S- n?.h /r Slvll «T"'V^' levy the sum above
the

'^^'''^ ^^' the goods and chat. n'"^^^ ^i''S""^ ^•' ^"' '^''\ "^ «"^«'«"t distress whereon to
;

command you

mentioned could be found These are therethe said Constables and Peace Officers, or

Common Gaol
^

Gaol, there to imprison

^'^'^ ^^'^ P'^^^^Pt ""^ 1 hereby °^ ^h« «^'<1 ":^'^^ ^!r the ^said C. D. into your custody Common Gaol to ren"^ •^^"P"'' ceive thl in the said

lommnnTv

tVZZ^. fh "% •^?^[?^''' u
.

of the said (County or United Counties, or a, ^'°''^''^*^' «"^ *here deliver him to
=

fi!^''^'

him (and keep him

Common
convey,

at

EL» «r
5 lit.
?i

T

f»,
,

I

.

""'®^'* *^® ^^'^ ^"'"'

hard labor) for the a"d all the costs and
«7.rf

^ ?f
^'

'

^Z

aT

r "^

n ^'

'^'"^'*?' ^''^'^

^/ ^^« c«m;«i7;«e«/

'" '''' "''''' ^''""'^''« ^^«"'
,

.
^°''

ctnt Wa^rTnt!'
in the

'

amounting to ') «^'*" »>« «o°"er paid up unto you ^'"'" '° ^"^^^^ '^' «^^" '^^ ^our suffi-

L

Given under my Hand and Seal, this year of our Lord aj {County, or as the case may he) aforesaid.

day of
,

in the

J. S. [l. s.]

(^•—See Sectim XXIII)
OEETlPICATB OF CLERK OP

THE PEACE THAT THE COSTS OP AX APPEAL AHE NOT PAID. Office Of the Clerk of the Peace for the County or United Counties, or as the case may be) of
TrrLB OP THE APPEAL.

sions"o7r TJ'^"^
^cTmtl ot rL 7 ^ itomty or United
J

'^''"'1'" ^'

'^u^'

^'

*

^^^""-^

^^ CJeneral Quarter Ses'

'"

^"^

*or the said

i

C"

Counties, or as the case

may ^1 on
'^^

^PP^H^i?

\?

"=•'''"''*

^ conviction

"^ «* the case may he] came on to befrl^H ^"? "^^^ there heard and determined, and the said cJ' . Ox -general ^uailer M>u.. 'r'l^^:^' Sessions thereupon ordered that the said

for the

"^"^''^^^ slS'rV"?^'"' ^"*'^^^««"'»"^*. ^7r ^t''y''

7

[or order] of t^e Peace in Ind

LEGAL FOBMS AND LAW MANUAL.
said conviction [or order] should be confirmed [or quashed,] and that the said (Appellant) should pay to the said (Respondent) the sum of for his costs incurred by him in the said appeal, and which sum was thereby ordered to be paid to

I
'!

the Clerk of the Peace of the said (County or United Counties, or as the case may he) on or before the day of instant, to be by him handed over to the said (Respondent,) and I further certify that the said sum for costs has not, nor has any part thereof, been paid in obedience to the said order. Dated the day of one thousand eight hundred and
,

G. H.
Clerk of the Peace.

(S \.—8ee Section XXIIL)

WARRANT OP

DISTRESS FOR COSTS OF APPEAL AGAINST A CONVICTIOH OR ORDER.

Province op Canapa, (County or United Counties^ or as the case may he.) of

To all or any of the Constables, or other Peace Officers, in the said (County or United Counties, or as the case may he) of
Whereas <fc., as in the Warrants of Dietress, iV 1, 2, ante, and to the end of the Statement of the Conviction or Order, and then thus) : And whereas the said A. B. appealed to the Court of
General Quarter Sessions of the Peace, for the said
(

County or

United Counties, or as the case may he) against the said Conviction or Order, in which appeal the said A. B. was the Appellant, and the said C. D. (or J. S., Esquire, the Justice of the Peace who made the said Conviction or Order) was the Respondent, and which said Appeal came on to be tried and was heard and determined at the last General Quarter Sessions of the Peace for the said [County or United Counties, or as the case may be] holden at on and the said Court of
,

General Quarter Sessions thereupon ordered that the said Conviction [or Order] should be confirmed, [or quashed,] and that the said [Appellant] should pay to the said [Respondent] the sum of for his costs incurred by him in the said appeal, which said sum was to be paid to the Clerk of the Peace of the said [County or Unitea Counties, or as the case may be] on or before the one thousand eight day of hundred , to be by him handed over to the said C. D.; And whereas the Clerk of the Peace of the said (County or United Counties, or as the case may be] hath on the

day of instant, duly certified that the said sum for costs had not been paid ;* These are therefore to command you, in Her Majesty's name, forthwith to make distress of the goods
202
* i

and

hi

'

JUSTICES OP THE PEACE

SUMMABT

CONTICTIOITS, (o. W.)

f,

anJ chattels of the said A. B., and if within the space of days next after the making of such distress, the said last mentioned sum, to-ether with the reasonable charges of takinir and keepins ihe said distress, shall not be paid, that then you do sell the said goods and chattels so by you distrained, and do
to the Clerk of the Peace for the said [Counti/ or United Counties, or as the case may be] of

the

money

pay

arising

from such sale

»Jhat he
directed
the
the
;

may pay and apply
distress

and

if

no such

certify the

same unto me same (County or United

the same as by law can be found, then that you or any other Justice of the Peace for
Counties, or as the case

end that such proceedings,

may

be) to

may be had

therein as to

law

doth appertain.
in the

Given under my Hand and Seal, this year of our Lord .at

day of
,

or as the case

may

in the [County,

be) aforesaid.

O. K.
(S 2.— See Section XXIII.) WAHRANT OF COMMITMENT FOR WANT OF DISTRESS

[l. s.]

IN THE LAST CAS». Province of Canada, [County or United Counties, or as the case may be] of To all or any of the Constables, or other Peace Officers, in th« said County or United Counties, or as the case may be] of and to the Keeper of the Common Gaol of the said [County or or United Counties^ or as the case may he] of

in the said County of • as in the last form, to the asterisk* and then mus] : And whereas, afterwards, on the day of » in the year aforesaid, I, the undereigiied, „. issued a Warrant to all or any of the Constables and other Peace Officers the said {County or United Counties, or as the cas*

*t

Whereas

[Spc.^

,

m

, commanding them, or any of them, levy the raid sum of , ibr costs by distress and sale of the goods and chattels of ihe said A. B.; And whereas it appears to me, as well by the return to the said Warrant of Distress of the Constable {or Peace Officer,) who was charged with the execution of the same, as otherwise, that the said Unstable hath made diligent search for the goods and chattels ot the said A. B., but that no sufficient distress whereon to levy

may

be)

of

to

the said
fore to

the

any one of you, to take the said A. B.; and him safely to convey Common Gaol of the said {County or United Counties of
I

sum above mentioned could be found These are therecommand you, the said Constables or Peace Officers, or
;

us

tile

case

may

be,) at

aforesaid,

and there deliver him ^^^

to the said

Keeper

thereof,

together

IXOAL FOBMS AVS LAW MANVAIi.
together with this Precept ; And I do hereby command you, the said Keeper of the said Common Gaol to receive the said A. B, into your custody in the said Common Gaol, there to imprisoa him land keep him at hard labor] for the space of uniess the said sum and all costs and charges of the said Distress

(and of
said

the

commitment and conveying of the said A. B.
to the further

to the
)

Common Gaol amounting
your
sufficient

shall be sooner paid

unto you, the said

sum of Keeper and
;

for so doing,

this shall be

Warrant.
Seal, this

Given under
at
aforesaid.

my Hand and
,

day

of
be)

in the
,.

year of our Lord

in the (County, or as the case

may

0. K. [l.

s.]

general form of information on oath. Province of Canada, [County or United Counties, or as the case may be) of
information [or complaint,] of C. D., of the Township of in the said [County or United Counties, or as the case may be"] of [laborer'] [If preferred by an Attorney or Agent, say :] " by D. E , his duly authorized Agent [or Attorney] in this behalf, taken upon oath, before me, the undersigned, one of Her Majesty's Justices of the Peace, in and for the said [County or United Counties, or as the case may be] of , at N., in the said [County, or as the case may be] of this day of , in the year of our Lord, one thousand eight hundred and , who saith* that Rie hath just cause to suspect and believe, and doth suspect and believe that] A. B., of the [Township] of , in the said [County, or as the case may be] of , within the space of [the time within which the information or complaint must be laid,] last past to wit, on the day instant, at the Township of or as , in the [County the case may be,] aforesaid, did [here set out the fffence, ^c,] contrary to the form of the Statute in such case made and provided. C. D. [or D. E.] Taken and sworn before me, the day and year and at the place above mentioned.
, ,

The

\4i

ii

J. S.

form op order of dismissal op an information or complaint. Province op Canada,
(County or Unitfd Counties^ or as the case may be) of
IjiJ

if KiiiMKMumiEu,

That on

complaint

was made]
204

information was laid [or before the undersigned, [owe] of Her Ma,

jesty's

^TICIS OF TH.

MAC

.<,«KAK 0OKr.0noi,S,

(o.

W)

in order that I information (or

before

lt'i,:r "" '"'Zr '" "" "ff'^^'l --' "-««>. the said parties
me

day
«a'd
i

comSt Wn^fl,

shonU

\^

appear

'/a^
nfnrmt'
/

t»^°

me. but the
being by

same, (and do adiXe Zffh! ^Pn ?? *^^* ^'^^ ^^'^ C. D. do pay to the said A. B. the sum of '^"''f "^^'^^ ^^^^^^ntd by him in his defence n this h^h«ir a ^v ^u" '''' -id sum for she not paidtrThwitto/on 'o Tete )' order that the same be levied I .., bv chattels of the said ^°d and fn If ?. 'V^-*^^

me duly considered rifm«n^fM°" ^'"' complaint) the said'infbrmaLrC^rXflT^^^^^^^ preTand?;> {T Aerelore di-smiss the

whereupon the matter of the said

^^^^Ttli^,^!^^^^^^
'

^e^appear);
^^
.

f

Hilt

1.

t
i' i

;l

f

CD

disfJLL^,

4

i'l

that behalf.

1

adjudge

CommonGaoIoftheiad rSi/.;
of

L

f

^^^

said f'n"^^^ °^^ ^'//^be

"^'"''^'^

'"^

imprisoned in the

(... .^.. ,ept at hard /«W)"fo ^re'^sp^eTf

charges of the^aitd" ing^oj the saidC n,I,l ^ ^ ins of said C. to the said

D

-'"-^ ^^^^^'^"'^ ttstlVoT/"'^''^^^^''^^nt ^" comeyand

t Common Gaol) shall
*''^

be sooner

Given under my Hand and Seal, this in the year of our Lord at
a* Uie case

day of
5„
.]?«
, tr {bounty,
'

may

be) aforesaid.

or

J' ^. [l. s.j

I

If

FORM OP CERTiriCATE OF

DISMISSAL.

reib7aV^2 I't rritTf'»" (- oon,p.ai„.)
day considered P^ejn and ..
this

p,efe.

byme

one o/

fc'

",'*.' *»"'"'»»)

Dated

this

•'.»SS|.*^i r^^^^^^^ ^
dav^f ^
"^'""'''"^ ^"^'^ *'°^^«^

hundred and

°"® thousand eight

To°cTofT
Take Notice,

"'d""""' ^^i*e.a,«:-' ?r „*.„ ,^ „„,,„
I,

°' *''""• """""^ " "'>''"™°"-

„/^ -^ ^^^^V^

That the underaiffnpd A R «f^, a U^r and pra^cute 'anj^TrtSe tfi: tt'J''^:!^

""'"*'"^""
"205

^

»***

*PP««'-. *l>«w

worda may be omitted.

111

SessioDfl
I:

li

'*'

)

rSOAL FOBMS

Ain>

LAW MANUAL.
,

in and for the Sessions of the Peace, to be holden at {County, or United Counties, or as the case may be.) of against a certain conviction (or order) bearing date on or about day of instant, and made by {you) C. D., the Esquire, (owe) of Her Majesty's Justices of the Peace for the said {County or United Counties, or as the case may be,) of , whereby I, the said A. B., was convicted of having or was ordered state the offence as in the conviction, to pay , {here information or Summons, or the amount adjudged to be paid, as in And furthei", take notice that the order, as correctly as possible) the grounds of my appeal are, first, that I am not guilty of the said offence ; secondly that the formal conviction drawn up and returned to the Sessions is not in law sufficient to support the said conviction of me the said A. B., {together with any other grounds, care being taken that all are stated, as the Appellant will be precluded Jrom going into any other than those stated. one thousand eight day of Dated this
:

hundred and
Mem.

t

A. B.

—If

this

notke he given

btf

teveral Defendants, or by

an Attorney

it

ton

eaiUy be adapted.

FOKM OF RECOGNIZAKCE TO TRY THE APPEAL, &C.

Be

it REMEMBERED,

{laborer,)

That on and L. M. of

,

A. B., of

(grocer,)

and N. O. of

i%^.

{yeoman,) personally came before the undersigned, (one) of Her Majesty's Justices of the Peace in and for the said {County or United Counties, or as the case may be,) of , and severally acknowledged themselves to owe to our Sovereign Lady the Queen, the several sums following, that is to say, the and the said L. M. and N. 0. said A. B. the sum of the sum of , each, of good and lawful money of Canada, to be made and levied of their several goods and chattels, lands and tenements respectively, to the use of our said Lady the Queen, Her Heirs and Successors, if he the said A. B. shall fail in the condition endorsed. Taken and acknowledged the day and year first above mentioned, at , before me.
,

J. S.

condition of the within written Recognizance is such, that if the said A. B. shall, at the [next'] General Quarter Sessions of *hs Peace, to be holden at , on the next, in and for the said [County or United day of Counties,or as the case may be,] of , enter and prosecute an appeal against a certain conviction bearing date the instant, and made by me the said Justice, day of whereby he the said A. B. was convicted, for that he the said day of A. B. did on the , at the Township

The

2oa

of

resTIOM 0, THK

PMC

.BMHiET OOHnot.ONS,

(o.

w.)

<.»»,•)

And

perform the order if the Cnnrf appeal, than the saW
in full force

f«rt&uf 4fLfIVVT"'"'"^ u'** l? ^i"" "iuly S 1 J ^'" '""' "^'""^
''J'

''""'"•«-

and

virtue.

^oogSncelo^l^'T" *f ^°"''°°° '° "« ">"*. or eke

to

remain

:^ihatv.rhe\Sd::.*^-'«»-'"^^^^^
^ conviction dated the day of ^^n"'! were convicted of (statins «/rp« J'"a ?/h '^^T*'^ y°»' A- B[C„«„,j, or K.,WC»»„«,-.,, „;. as ae enter and prosecute an Annpni o„„-

casemayM'o/'"' ot "'"if
"'"'''

""' '"'''

^^

"f J

u

Dated

this

Hoy ^f

hundred and

®"® thousand eight

,

SURETIES.
COMPLAINT BT THB PARTV THEEATKXEO roa S.RETIES FOK THE PEACE.

did^'rtfe"

'" ''^

^^""

('^•)

''^

^^^^-stensk*. then

;
ff,*';

the said

A.

B

towards fhe satd

^-'^ ^' ^- ^« ^^''^'d will do hTm fom^'h^^^°^''^ '"«"•'>'' ^"^ therefore prays that the said A R Sureties to keep the DeaceaYn k' 'T^'i.'"' «"^ ^^^^i^nt ^"^^--^^ him the said ^^"^ and the saJd S ^'^fT'' ?''° '^'^^ that he doth not make this
that the said

A.

B

C rn'^K^'^'-i^ry^^*^

»««^ bj

m

T

C&.

comDlaintao^L?.

D

thesaidA.B.

frZ anvTrnl„ .^f^Tu'^^
hrpeTon"SiriSurt"'^^
'"'

^""'^^^^^ fr°«»

preservation if

""^'^

'^'

^'^^

POEM OF RECOGNIZANCE FOR THE
REMEMBERED, That CD the m the year of our Lord \laborer\ L. nf ,
"

Be

SESSIONS.

IT

M

'

^'

a

« °9^

dav Of

/°*

~207

^5^ocer;,

and N. O. of

.v..

i/ i

liEOAIi

TOBMB

AJfD

LAW MANUAL.

personally came before [us] the undersigned, [iwn] of Mttjesty's Justices of the Peace for the said {County or and United Counties, or as the case may be), of ovire to our Lady the severally acknowledged themselves to the several sums following, that is to say : the said A.
{butcher"],

Her

Queen

B

^^^ t^e said L. M. and N. 0. each, of good and lawful money of the Canada, to be made and levied of their goods and chattels, to the use of our said Lady lan( s and tenements respectively, Queen, Her Heirs and Successors, if he the said A. B. fail the in the condition endorsed. Taken and acknowledged the day and year first above menthe

sum of sum of

»

»

tioned, at

,

before us.

the

J. T. condition of the within written Recognizance is such, that [of &c.] shall appear at the next if the within bounden A. B to be holden Court of Genrral or Quarter Sessions of the Peace and for the said [County or United Counties^ or as the case may in receive what shall be then and , to do and fff of meantime shall keep there enjoined him by the Court, and in the peace and be of good behaviour towards her Majesty and all

The

next ensuing, then the said Recognizance virtue. void, or else to stand in full force and to be

Her

liei'e
of"^

people,

and especially towards C. D.

[of,

&c.]

for the

term

now

FORM OP COMMITMENT
Province of Canada, [County or United Counties, or as the case may be] of

IN

DEFAULT OF SURETIES.

To

[oiu in the County of the Constable of tne <"" ^* ^''* ^^^^ ^^y ^^] ^^^ ^....^ ., of ihe United Counties of said County (or to the Keeper of the Common Gaol of the in the said United Counties, as the case may be] at
• ,

County

(or in the

County of

'•

Whereas On

the

day of

mstaht, comEsfor

t'

I

tfie case may be) of the said (County or United Counties, or as in the said by C. D. of the Township of , &c., on the (County, or as the case may be) (laborer,) that A. B. of, aforeof , at the Township day of threaten (&c , follow to end of complaint, as in form said, did said A. B. wm above, in the past tense, then): And whereas the said Justice (or J. S. this day brought and appeared before the in and for Esquire, one of her Majesty's Justices of the Peace may be) of the said (County or United Counties, or as the case * having to answer unto the said complaint : And
,

J. L. plaint on oath was made before the undersigned (o*the Peace in and quire,) (one) of Her Majesty's Justices of

208

°^^

INDICTABLE OFFENCES

(o.

W.) ACT.

each, as well for his aoDealn. Sessions of thrPeacetrbe

."l^f

'^' '" *'^« ^""^
'""^

^^

Her Majestyand
said C. i).

Counties, or al'tt shall be then and there enjoined him hv meantime to keep the Peiceind hi n^
all

Uni^d

held in «n^%"^^^^^
\\.^

Q^^^ter
'^'^ '^^^unUj or
.
'

cJf^^XfJ'''

!. ,1,

^°™^« *^« hlth refLS anZefid'^and f^^^^ such Sureties) T^iLlarp'^lr "'^"'"^ ^"^ »«" to command you the said Constable of thl\l'Tow" hip ^ the said A. B., and him safely to convey to the FPhm n ^""H at aforesaid, and there to de^ifer him^^oT^'i/^'^'^ thereof, together with ?*^® ^^^P^^ this Precept And I dn l you the said Keeper of ^^'^^^ command the said rCoMMn^ n said A. B. into your custodv^n thV^/rn''''''^ *° ^^^^'^^ the to imprison him* until the 'd next P ^^T^°^ ^^^^'J there of the Peace, unless he n the meant m^T."' ^^"^^^'' ^^^^i^"" ""* sufficient Sureties as well for his appearance at thr««r« time to keep the^^e^S '''''"^^' ^" ^^^ "'«^"as
gleets to find

Her

W

r

*° ''° ^^^^^

nlS

^i"""*

^^^^ ^n the ^S°"u*' behaviour towards

*'

afores'aid?

^

Given under my Hand and Seal, m the year of our Lord
a& the case

this

day of
in the [County, or
J- S.
[l. s.]

may

a*

he] aforesaid.

'

roiCTABLE OFFENCES
1853.

(C.

W.) ACT.

16

VICT

CAP. CLXXIX.
AN ACT TO FACILITATE THE PFBTowxt . w/^r, THE PEACE. OUT OP sTsioSfS? SONS CHARGED WITH
^x,
^"^^

IF
'

K'

>'

INDICTiLBOPPBNCBtf^
[^wen^ee/

"^^^ES OF S^CANAm i?J^'"^^^^^^^ ^^ /'EE'™
^o,

.'^L
^B^^*

14/A June, 1853.]

H
of

<•

Wtt'^adSar^'of^^^^^^
persons
that

1

1.

chirgIdw"tMrdic?Iweo^''n^
and

such additions

aWtionsLl
IS

k' T^^'^

"^''^ '^'^'^' to consolidated, with

such

duties'l^ldTrarlyXL'^^^
^,^^J

^"^
I

- .om,.I^nt

made

before
jj

any one or more of hI^
M^jesty'8

J

lEGAIi

rOEMS

AlTD

lAW

MAKTJAIi.

'
>

ar
I.

Majesty's Justices of the Peace for any Terrritorial Division in Upper Canada, that any person has committed or is suspected to have committed, any treason, felony or other indictable misdemeanor or offence within the limits of the jurisdiction of such Justice or Justices of the Peace, or that any j)erson guilty or suspected to be guilty of having committed any such crime or offence elsewhere out of the jurisdiction of such Justice or Justices, is residing or being, or is suspected to reside or be within the limits of the jurisdiction of such Justice or Justices, then, and in every such case, if the person so charced or complained against shall not then be in custody, it shall be lawful for such Justice or Justices of the Peace to issue his or their Warrant (B) to apprehend such person, and to cause him to be brought before such Justice or Justices, or any other Justice or Justices for the same Territorial Division, to answer such charge or complaint and to be further dealt with according to law Provided always, that in all cases it shall be lawful for such Justice or Justices to whom such charge or complaint shall be preferred, if he or they shall so think fit, instead of issuing in the first instance his or their Warrant to apprehend the person so charged or complained against, to issue his or their summons [C] directed to such person, requiring him to appear before the said Justice or Justices, at the time and place to be therein mentioned, or before such other Justice or Justices of the same Territorial Division as may then be there, and if, after being served with such Summons in manner hereinafter mentioned, he shall fail to appear at such time and place, in obedience to such Summons, then, and in every such case, the said Justice or Justices, or any other Justice or Justices of the Peace for the same Territorial Division, may issue his or their Warrant (D) to apprehend such person so charged or complained against, and cause such person to be brought before him or them, or before some other Justice or Justices of the Peace for the same Territorial Division, to answer to the said charge or complaint, and to be further dealt with according to law: Provided nevertheless, that nothing herein contained shall prevent any Justice or Justices of the Peace from issuing the Warrant hereinbefore first mentioned, at any time before or after the time mentioned in such Summons for the appearance of the said accused party.
;

II. And be it enacted, That when any indictment shall be found by the Grand Jury in any Court of Oyer and Terminer or General Gaol Delivery, or in any Court of General or Quarter Sessions of the Peace, against any person who shall then be at large, and whether such person shall be bound by any Recognizance to appear to answer to any such charge or not, the person who shall act as Marshall at such Court of Oyer and Terminer or G90I Delivery, or as Clerk of the Peace at such Sessions at which

210

the

INDICTABLE OrFEXCES
the said indictment shall be frmn,l after the end of the Ses
ery, or Sessions of the
«i.

(c.

W.) ACT.
^

ii

ons of Ov

i

P^''^"" a feTof"'"'' *''''""^8^' '^' person shall not have alrea^lv such «nno« i ^°"f '"^ P'"^^"^ ^° «"«'> i"" dictment, grant unto such ^'1''" "" ^^^^tinoaie [F] of such indictment having b^en ibun,"' ^md upon production of such Certificate to anv JusH^p ^^^ County or United *^« *^® off!^'' 'tT-'^^*such ^^^"ce shall in indictment be alleged to havphrin person indicted in fnd bv such inXr"'?^/'^^' ^' "' ^^^ich the be supposed or suspected to rl 5 ^^T"^'^*^" '^'^^^ ^'' be, or ^' l^all be lawfulfor such jLice or

been found, upon anpl catio^ of on his behalirand on

S payZfof

Peace l^Zt'T'^

^' ^"^ *""^ afterwards Terminer or Gaol Deliv'ndictment shall have
"!;?.^"">^

P

Zse^M i

>'-

Ji

II

cZnl^^: Z^kll

issue his or their ed. and to cause

JusS aVhp i

or any other JusticTor °^ J"«^''^^« tb^''^'^"'^ ^^'*''*'*' *° ^e dealt with according to law and a 'u^^ '^ '"'^ upon apprehended an^ Pt''^°" ^^ '^'''^ brought '''"^ "^"'"^^ o** J"«ti. ces, such Justice or Justices unnnf/«\^"^ '"^ P'"^''^ "P*^" ^^^^ «^ affirmation before him o th^P^tha th' '° .^PP^^hended is the same person whoTs cbamed.Jl ^''T' such indictment, shall, without furth^^inaulrrn^lv "''T'^ ^^'"'"it [«] him for trial or admit hiri "^^ hereinafter mentiined; or if such person so kdicted .hnll prison for other o£cetha^tfe.T°"^f-^ ^'^ ^"^ S^«' «r '^,^''^'? '"^ ^^^ ^^'^ nient at the ^me of t.t il ^"d Production of ^"'''^tsuchCertificate to such Jus

^7 ^^''^^y '^^^^^'^^ ^ Warrant rrun hi to be Su^hTff^'"^ Tt" P^''^^" ^« ^"di^t-

T

jttS S

Jf

beZ

m

Ly

X7inrnT'"' T
JusZl

suKd

icror

^^^" ^^ 1^^^"! such Justice or Ju't^cesarL'o^^^^^^ 'I *^'^ ^'^ ^^'^^^ ^^^"i''^* upon its being proved before hfmo' ?h
for
ti

n.

that

prison are
[I],

the^Ur InrcteHnV'thT P®^?^" ^o c" .'"^T' pTsonl'
one and the samp n^r.^
*

directed to the ^ the person so indicted shall then ^k„

cX^/Cper

manding him toTefain such person
Majesty^ Writ of for the purpose of bein- tried
by

Srct^jrhe "haTl hf''^^' ""/t ^^ ««^ therefrom
unnnthf",?^ ^^P"^^^ 1'"'''^^"^'°^'"^"^'
^' ""til

\ ^f "^^''^^^'d' "'"h^"'^ ^l

confined '' '^''' ^i'°^ ^ P"'°" ^^ which
««"»-

m

^'™"'

^

'I*'"

'

heshallbeotherwisrremTvl?^^^

due course ofTaw-XwdPd^l'''''^^^^^ out of his custody ''?^'' ^^""^ nothing herein contained shall preven7;)r h« . . execution of CchWarranrw^^^^^^^ '° P^'^^ '^^ '^^'^'"S ^^ Court of competent jurisdiction may t£nk Droir'tr Tu^"^ P'°P'' ^° °'^^^ *^e issuing of any ^ such Warrant.

f

^^^,

any exarch Warrant, on a Sunday as well as on any other
IV.

;

LEQATi FOnMfl

AKD LAW MANUAL.
by

1)1

IV. And be it enacted, That in all cases when a charge or complaint for any indictable offence shall be made belbro such Justice or Justices aforesaid, if it be intended to issue a Warrant in the first instance against such party or parties so charged, an information and complaint thereof (A) in writing, on the oath or affirmation of the informant, or of some witness or witnesses in that behalf, shall be laid before such Justice or Justices Provided always, that in those cases only when it is intended to issue
:

lea^
r

usual

who
said

sr

at the

Su such appear
oi'

instead of a Warrant in the first instance, and where Parliament, it shall not it is so specially provided in some Act of be necessary that such information and complaint shall be in writing, or be sworn to or affirmed in manner aforesaid f but in every such case so provided lor in some Act of Parliament as aforesaid, such information and complaint may be by parol merewhatsoever to support or ly, and without any oath or affirmation substantiate the same Provided also, that no objection shall be taken or allowed to any such information or complaint for any alleged defect therein in substance or in form, or for any variance between it and the evidence adduced on the part of the prosecution, before the Justice or Justices who shall take the examination of the witnesses on that behalf as hereinafter mentioned and if any credible Witness shall prove upon oath (E 1) before a Justice of the Peace, that there is reasonable cause to suspect

a Summons

tioncd

i

be lawf

rant

(D

him bef
or Justi

charge
be furth

:

objectioi

:

or for

VVarran an
t

part of take the
after

me
c

Justice o

thereby

any property whatsoever, on or with respect to which any larceny of felony shall have been committed, is in any dwelling
that

Justices,

hearing c

house, out-house, garden, yard, croft or other place or places, the Justice may grant a Warrant (E 2) to search such dwelling house, garden, yard, croft or other place or places, for such

remand

t

hereinaft(

VI.

An

MM
Uh^

property.

be issued

V. And be it enacted. That upon .such Tnformatian and complaint being so laid as aforesaid, the Justice or Justices receiving the same may, if he or they shall think fit, issue his or their Sumrespectively as hereinbefore directed, to cause the person charged as aforesaid to be and appear before him or them, o' any other Justice or Justices of the Peac»? for the sam«

any perso
the

Hand

issuing th(
stables or

mons

or

Warrant

same

is

to
.

stables or

and every Territorial Division, to be dealt with according to law Summons (C) shall be directed to the party so charged in and by such information, and shall state shortly the matter of such infor:

the Justice
or

general]

last

mentic

mation, and shall require the party to whom it is directed to be and appear at a certain time and place therein mentioned, before the Justice who shall issue such Summons, or before such other Jusfor the same Territorial Division tice or Justices of the Peace may then bb thcie, lo answer to the said charge, and to be as
further dealt with according to

offence

on
(

scribe the

whom

it

is

beiore the some other
torial

and every such Summons shall be served by a Constable or other Peace Officer upon the person to whom it is so directed, by delivering the same to the party ^lersonally, or, if he cannot convenietly be met with, then

law

Divis
j

;

formation,
shall

not be
t:

particular

zi2

ty

be executec

INDICTABLE OFFEJTCES

(o.

W.) ACT.

who

sLail

l,avo7e°ved

at tlic time and placo ,aid S„,„™n.
of

such Summons' um] iftUr, ^ appear before Jul e o^jSSi^^^^^ tioned in such Surnmons in ut Ln
be lawful for rant (D) for

S

E™ nSnet.olTo.
and
nv
T.

Te

ill

""'''''

"'/"'""

''""•o"

Onioer

,T
'if

?"'' "'^'''''"'''' "I'""

""end
""'

'" "tcessary, to the n'oZrv tu""service

'

^'^"" ZT\''^ ^"^ "«^ '^" «"J ^'""^ ^^^^"^
,

sucrCSp

i-

''*'

^° -^^^

^^.t

"^en«'iall

•'"•^'"'"^^-

^''«"

i'

him before
or Justices,
.

charge

in

befurtherdealtwithaccrdiZ fntf "'P.'''" /nentioned. and to ^ '•^^'^'^'' iways, thatno objection shall bT takeTor SlnvvT/ -"-""^ ^»"""°"« '^r VVarrant lor any alleged defer u'""'^ ^'^ i" f"™or for any variaLe between k.ndh'" '" f"^''^""« ''^^"^^^ "" the part of the Prosecutor before fhoTr'^'^'^^r"

for the same the said information

apprehSr^ JL"^"^^^^^^^^^ '° '^'^'^^ ^''^ ^''their War^° ^"'^ b'-'"gi"« suc^h Justice o? JusE?/ ^T"'"""''' '"'"" ^''^^•'

TerSiT
a^i'^

n-"-"

J"-^^'««

^'

•'!'"""

'*^

''^"'^^^«''

^^

T
^

'

fake the
after

mentioned

examinaCof thfwi nesS": ^hJTf?e "^." ^^^^" ^^'^^'^ ^^ here

Justice or Ju^tic'es
Justices, at the

bnt if nnv o be su^ch
t

.,.1^

,

n-

ha77"''
"^

thereby deceived or

request o^

mi^edk Shan - nr

h.f' ^TL'^^'^'^I^ '"'^ ''"'''"''

'^^^ f "'L ''^^'''' '^ ^een ^^«
^'^

hearingWtheLTe'^Jo'^mVm^uWari^^^^^^
hereinafter

remand the party so char-ed mentioned?
VI.

JwV T ^'"^
'

"

* ''^

*»^ "meantime, to
'» "^^^""^r

^'^°"-

*^''^''

it enacted, That every Wan-anf rm by any Justice or Fn-f.-l ^^^ "ercaftcr to r .u f. any p...onchayd with any tS^^^^^

And be

be issued

^

}

the

Hand and

Seal, or

same, and may be Hir.., ^''^^n^ "^"'^'^^ or Justices "^^ °' ''^"^ °^ ^he Con. stables or other Peace Officer, of .? n*" same is to be executed or^nLVr' ^''iT^ '^^^'^'^ ^^h'^'' the ^ ^^''1^' ""^ ^" ^^h^'' Constables or Peace the T
issuing the

HanraS SnlJ nf /h'^

^' ""J'^''

oSsl

the Justice
or

mentioned Territorial offence on which it
last

or Justlt sul^thl generally to all the Cor^stabts or

I^eTL "t" ^
Pete
n
Offl
«'•

"''^^*" '^'^'''^

jurisdiction,

scribe the

offende

lfoM.^{ ,^^1"^"^^ t
and it M n. to"l;prehend JusS?es issm""-

5vhfon.nr-f'''^" '*^^^''^'^'"'^ ^"«^ P^,''^'' '^ ^'^^''tly

whom

it

is

direS

1

before the Justice or
torial

some other Justice or Just ces of Division, to aasvy^r^thf

TAw
Zt

£-^ w

tl^ "t'^erwise de-

offen^d^" ", """^
'

T"^"^^^^"^ ^""°^'

^

^'^^"''^

f^l''.^"''

formation,
shall

and

not be necessarv

cfcie'^^^tS^^^^^ the said ^""^a ned in into be further donlf ^ytj/vccording to law ; and it
n

''?'''

Lt

,

^na ,.i.h

rr

avvant

may

be executed by apprehending

XIOA.L

lOnMS AND

I-AW

MANUAL.

ing the ofTendcr nt nny place within the Territorial Division within which tlie Justice or Justices issuing the same Bhail have jurisdiction, or, in cane of fresh pursuit, at any place in the next adjoining Territorial Division, ami within seven miles of the horder of such first mentioned Territorial Division, without having such Warrant backed, as hereinafter mentioned and in all cases where such Warrant shall be directed to all Conetables or other Peace Officers within the Territoriol Division within which such Justice or Justices shall have jurisdiction, it shall be lawful for any C^onstnblc or other Peace Officer for any place within such
;

Territorial Division to execute the said Warrant at any place within the jurisdiction for which the said Justice or Justices shall

m

have acted when he or they granted such Warrant, in like manner as if such Warrant were directed specially to such Constable by name, and notwithstanding the place within which such Warrant shall be executed shall not be within the place for which he shall be Constable or Peace Officer Provided always, that no objection shall be taken or allowed to any such Warrant for any defect therein, in substance or in Ibrm, or for any variance between it and the evidence adduced on the part of the prosecution, before the Justice or Justices who shall take the examination of the witnesses in that behalf as hereinafter mentioned; but if any such variance shall appear to any such Justice or Justices to be such that the party charged has been thereby deceived or misled, it shall bo lawful for such Justice or Justices, at the request of the party so charged, to adjourn the hearing of the
;

case to some future day, and in the meantime to remand the party so charged, or to admit him to bail in manner hereinafter mentioned.
VII. And be it enacted. That if the person against whom any such Warrant shall be issued, as aforesaid, shall not bo found within the jurisdiction of the Justice or Justices by whom the same shall be issued, or if ho shall escape, go into, reside or be, or be supposed or susi)ected to be in any place within this Province, whether in Ui)per or in Lower Canada out of the jurisdiction of the Justice or Justices issuing such Warrant, it shall ami may be lawful for any Justice of the Peace within the jurisdiction of whom such person shall so escape or go, or in which he shall reside or be, or be supposed or suspected to be, upon proof alone being made on oath of the hand- writing of the Justice issuing the same, and without any security being given, to make an endorsement [K] on such Warrant, signed with his name, authorizing the execution of such Warrant within the jurisdiction of the Justice making such endorsement, and which endorsement shall be sufficieut authority to the person bringing such Warrant,
*$

and and

to all other persons to

whom the same was originally

directed, Territorial

also to

all

Constables and other Peace Officers of the

214

INDIOTABLfl Ori-ENCJIS
torial

(o.

W.) ACT.

proceed in every rrpecT in manner lieremafter directed with respect to persons charS be ore a Justice or Justices of the Peace, with an ofTenS to have been committed in another Territorial Division than tim in which such persons have been apprehended.

Division where «uch Warrant shall he so endorsed to execute the same ,n .such other Territorial Division? anTt^ ca^rv the person against whom such Wnrra.u shall have issued apprehended, be ore the Justice or Justices of the Peace who firs" issued the sa,d Warrant, or before Hon.e other JusticTor Ctices of the Peace for the same Tenitorial Division, or be We Justice or Justices of the Territorial Division whe e t ,n the said Warrant mentioned appears therin to have been com' mit ed Provuied always, that if the Prosecutor or any of thl Witnesses upon the part of the prosecution shall then be in the lerritormi Division where such person shall have beensoinore! handed, the Constable, or other person or persons who slm II Tve apprehended such person may, if so 80 directed by the Jus cf backing such Warrant, take and convey him before the Just ice who shall have so backed the said Warrant, or befbre some other Justice or Justices for the same TeiTitorikforvSnTamM saKl Justice or Justices may thereupon take the exam nation of such Prosecutor or Witnesses, and

27n

rofSe

:

i-'

i

TdC

VIII. And be it enacted. That if it shall be made to appear to any Justice of the Peace, by the oath or affirmation of any cred^ ible person, that any person within the jurisdiction of such Justice IS likely to give material evidence for the prosecution and not vofuntarily appear for the purpose of b in' ettmined .7 a witness at the time and place appointed for thS examSion of the witnesses against the accused, such Justice ma/aml

wm

requiring him to bo ami appeal at a time and place mentioned in such Summons, before the said J or before such other Justice or Justices of the Peace for the same Territorial Division as shall then be there, to testify wha heXll know concerning the charge made against such accused par y and If any person so summoned shall neglect or refuse to ^dZIt at the time and place appointed by the sahl S>.mmnn« «^? just excuse shall' be offe^rd for sucf; r S"^^^^^ proof upon oath or alTirmation of sudi Summons havin" been served upon such person, either personally or with some persoS for him at his last or most usual place of abode,) it belaw" ul for such Justice or Justices before whom such person shou^^

t'T^'X'"" Hand and heal,

r "'

^'^'

^"'"^"^"^

f

L

L

C^

1] to

such^erson under

W,"

See

m^ectt

sS

ana feeals. tob ,ng and have such person, at a time and place to be therin mentioned, before the Justice who issued the said Sum mens, or before such other Justice or Justices of the Peace fbr" the same Tern toriul Division as shall then be there to tSy.'^
aforesaid,

LEGAL rOEMB AND LAW MANUAL.
aforesaid,

and which said Warrant may,
is

if
its

necessary, be backed

Li

as hereinbefore

mentioned, in order to

being executed out of

the jurisdiction of the Justice who shall have issued the same or ; if such Justice shall be satisfied by evidence upon oath or affirmation that it is probable that such person will not attend to give evidence unless compelled so to do, then, instead of issuing such

mV

him to issue his Warrant (L 3) and which, if necessary, may be backed as aforesaid, and if on the appearance of such person so summoned before the said last mentioned Justice or Justices, either in obedience to the said Summons or upon being brought before him or them by virtue of the said Warrant, such person shall refuse to be examined upon oath or affirmation concerning the premises, or shall refuse to take such oath or affirmation, or having taken such oath or affirmation shall refuse to answer such questions concerning the premises as shall then be put to him, without giving any just excuse for such refusal, any Justice of the Peace then present and having there jurisdiction, may, by Warrant [L 4] under his Hand and Seal, commit the person so refusing to the Common Gaol of the County where such person so refusing shall then be, there to remain and be imprisoned for any time not exceeding ten days, unless he shall in the meantime consent to be examined and to answer concerning the premises.
it

Summons,

shall be lawful for

in the

first

instance,

mi

III

And be it enacted, That in all cases where any person appear or be brought before any Justice or Justices of the Peace charged with any indictable offence, whether committed in this Province or upon the high seas, or on land beyond the sea, or whether such person appear voluntarily upon Summons or have been apprehended, with or without Warrant, or be in custody for the same or any other offence, such Justice or Justices before he or they shall commit such accused person to prison for trial, or before he or they shall admit him to bail, shall in the presence of such accused person, who shall be at liberty to put questions to any witness produced against him, take the statement [M] on oath or affirmation of those who shall know the facts and circumstances of the case, and shall put the same in writing, and such depositions shall be read over to and signed respectively by the witnesses who shall have been so examined, and shall be signed also by the Justice or Justices taking the same and the Justice or Justices before whom any such witness shall appear to be examined as aforesaid, shall, before such witIX.
shall
;

examined, administer to such witness the usual oath or which such Justice or Justices shall have full power and authority to do and if upon the trial of the person so accused as first aforesaid, it shall be proved upon the oath or affirmation of any credible witness, that any person whose deposition shall have been taken as aforesaid is dead, or is so ill as not to
is

ness

affirmation,

;

21G

be

IlfDICTABLE OFFENCES

(o.

W.) ACT.
that such deposition

^"^ ^hat he or ^^ cross-examintl^"'"'""^'^ to P^^-ports be signed by vvhomfhTl P"'"P°^"t« to have bee J taken, it shalUe lawfS o ^^^^^^ such prosecution without ^^^^^"^« i» further p oof ?h?rif°" "'''^^^ 't shall be proved that such deposition w«!n?>.- i^"^^?^' ' '" ^"'' ^'^"^'^ ^>^ ^^e Justice purporting to sign thetme
his

ing the witness, then S^^uch deoo the Justice by or before

tLtLn^Irp;!^^^^^^ Counsel or Attorned had a

SnV

^'^"'''^'

W^

^

witlst?n^he^\To'The^^^^^^^^^
been completed! the Justice by or before whom such
pleted as aforesaW, shall the witnesses, read or cause

onhe'S'^
tnh?

examirTfi^K' ,f1°"' '''•^"

exannnations of all the "' ^^''''''''^ ^^^^ ^ave °^ ^he Justices

wkhom?

"^J^l^'^^S

^T the

^^^" «« «0"^-

sitions taken agaLst him and sh^lf'^ 't ^hese words to thelfke words/or "wish to say anything v"' ^' ^°" in answ'^to obliged to say anything unless you desire to do K f'^''^' ever you say will be "^^^'' taken down in writTn' and l' ^'"^^^ «in evidence against you upon voui trill "^'a^ u^ ^^ whatever the prisoner shall then say in answer^Llfv i^u^ writing (NJ and read '^''"" '^^^^^ '« over to him an k' said Justice or Justices and r.nfT'-.t.1 'H^" ''^ ^'S^ed by the depositions of theSvitnesses, and shall be ?mi?ttd^vZ'^h^ ""' hereinafter tioned; and afterwards menu^on^1,7/^ ^^^^^^ ''-'^^'^'^ "^^"^^^ Per^^on, tl)e sar^e may v be iP"' without further proof "^^^"^^ him tTer?ofunl?r ^' Justice or Justices ^hat the purporting to stn tt'" ^'.T^ sign the same ProZed alwJ^ tlT ^^T ^'^ "^^ in fact '"'^ -^"''^"^ "^ J"«ticss, before such accused shall to him and give ^^ate hfm CVt'olnS^^^^^^^ ^^f. '^* "^ has nothing hope from any promise of f^x-r^. L j to lth4at which mCTave ^^'^^ ^•'^'n any been hol?"^ ''I*''"^ *^ '"^ '"^""" ^^"^ tomakeanyaZLi^orcon^-l'"°^"^'^ "^^^'^ ?"''*' ^ut that whatever he shall thTn sav mav hp uyon his trial, against him

? eff^^/fi^a^gt^h™

attendance of ^''""''^ ^^e depo-

X IV"'J
,'^

1

{^53^

.'

'1!

:

Xn

^J

^^

nevertheless, that vent the prosecutor in mission or confe sion

Sithsta^dL IfLT
anv
.

charged,
as

evidence against su^ch person!
XI.
in

^^^11 preca^ frZ ^'''''"^ '" evidence any adoTnf hff ? made aTnVTil' whthTv'h w ''' ^f/r ^*^«" '^^ ^^ admissible
-^"^ °.''

3ng herlinLE?"''^''"^*; ^""^^^^
^
'"^""^^

'"^^^^^f^

^''^^'^^^

^"

And be it declared and enacfeH which such Justice or Jus?fces Jon and statement as aforesaid
.

Th^f

;"g

Court for that purpose; an""' shatbe r Ja.t.ccs, .n^his or their discretion, to

sSinn

sSl fw

^' ^"''^ L^t' ""^^examina.

*u

TT

?,

order'

t"u1h"]u^-^-^" tL^^nt p^rso^n'
shall
,

ri
^ .

lEGAL FOEMS AND LAW MANUAL.
shall

have access to or be or remain in such room or building without the consent or permission of such Justice or Justices, if it appear to Iiim or them that the ends of Justice will be best answered by so doing.

I^ft'

I

m-'"-

in*'

XIT. And be it enacted, That it shall be lawful for any such Justice or Justices before whom any such witness shall be examined as aforesaid, to bind by Recognizance (0 1 ) the Prosecutor, and every such witness, to appear at the next Court of competent Criminal Jurisdiction at which the accused is to be tried, then and there to prosecute or prosecute and give evidence, or to give evidence, as the case may be, against the party accused, which said Recognizance shall particularly specify the profession, art, mystery or trade of every such person entering into or acknowledging the same, together with his Christian and surname, and the Township or place of his residence, or if his residence be in a City, Town or Borough, the Recognizance shall also particularly specify the name of the said City, Town or Borough, and when convenient so to do, of the street and the number [if any] of the house in which he resides, and whether he is owner or tenant thereof, or lodger therein ; and the said Recognizance, being duly acknowledged by the person so entering into the same, shall be subscribed by the Justice or Justices before whom the same shall be acknowledged, and a notice (0 2) thereof, signed by the said Justice or Justices, shall at the same time be given to the person bound thereby and the several Recognizances so taken, together with the written information (if any), the depositions, the statement of the accused, and the Recognizance of Bail (if any) in every such case shall be delivered by the said Justice or Justices, or he or they shall cause the same to be delivered to the proper Officer of tlie Court in which the trial is to be had, before or at the opening of the said Court on the first day of the sitting thereof, or at such other time as the Judge, Justice or person who is to preside at such Court at the said trial shall order and appoint Provided always, that if any such witness shall refuse to enter into or acknowledge such Recognizance as aforesaid, it shall be lawful for the Justice or Justices of the Peace by his or their Warrant (Pi) to commit him to the Common Gaol for the County in which the accused party is to be tried, there to be imprisoned and safely kept until after the trial of such accused party, unless in the meantime such witness shall duly enter inlo such Recognizance as aforesaid before some one Justice of the Peace for the Territorial Division in which such Gaol shall be situate Provided nevertheless, that if afterwards, for want of sufficient evidence in that behalf, or other cause, the Justice or Justices before whom such accused party shall have been brought shall not commit hitn or hold him to bail for the offence with which he is charged, it shall be law;
;
:

218

ful

INDICTABLB OFFENCES

(o.

W.) ACT.
fifl

plii^lha^beS

.^""'"""l

Division,

by

his or their

Order

XIII.

And

be

it

enacted, That if from the absence of witness-

the accused shall appear or be l) from time To remand the party accused for such time as by such JusticTo Jus ticesm their discretion shall be deemed reasonable not exceed ing eight clear days at any one time, to the Common Gaol o^

tice or Justices before brought, by his or their

whom

Warrant (Q

TSme

Tf or actmg or if the remand be for a time not xceeding three clear days, it shall be lawful for such Jusdce or Justices verbally to order the Constable, or otherperson in whose custody such party accused may then be, or any other crsta ble or person to be named by the said Jus ice or that"
Justices shall tSp?h. us"[cE hall then be
;
;

feZHyin^'^TZu •^^f.^--' f^-^-up Housror pla^ ^^^^«!^\f«r which such Justice

JustSn

and to bring him h ndio rirhim betore the

7 'T
:

^'^^^ ^^^'^^

^^^^^^

same

in his cistody

or such other Justice or Jus-

such party shall be remanded, and OfficeHnfr'^ custody he shall Officer in whose then be shall duly obey such order Provided also, that instead of : detainino- the said ac^
er or 01

Justice or order such accused part/ to be brought beforrhim them, or before any other Justice or Justices of Ihe Peace fb? J same Terntorml Division, he at any time before the expiration
Justices

m^ sucn eximination Proviaed always, tPP«-^^^ hcf^^htltatn .T"=^ -^^^'f ^™^ that any such

^^^^'
tL Go"

may

W.

fl

paitj shall party

-hichluch Z^he\T''' 1"7"°^ ^'^ ^^'''"^ ^^ of the Peaceac caS be so remanded, any one Justice
before
his

pointed for

at the time iZtedZftT!' ^PP,«^^-^»««examination;and place aphe contmuance of such and
if

^^«"-"h^ asVfo::::ici taj tTur hirith- " 7'^^' "• '^ a Recoo-ni7annp CO o q\ upon entering nto Sc? ctSn^cd rr^ ^^''''' ^^^^^^r!^^^ ^"
aihcnaige nim,
i
1

such

SfoneT^n'such r'^
otiiei

afterwards appear at the

timrll

place

Just ce ot the Peace who may then and there be present upon certifyin. (Q 4) upon the back of the Reco'ni.lnce the

Sn

i^ruucoaed

*«i' the Territorial Division l^''\^f' '' wulnn which such Recognizance shall have been talc.p

coS?;r^r "rrf°^^^^ ^"^^^^ f ^^"1.^ p^^-^^-

-^^y ^--^^'t such ne!

r

upon

m

like

manner

toT

as other RecognizancesVand such Certificate

;

•)

lEGAi foums and law manual.
Certificate shall

be deemed sufficient /?rmA^6ze evidence of such non-appearance of the said accused party.

XIV. And whereas it often happens that e. person is charged before a Justice of the Peace with an offence alleged to have been committed in another Territorial Division than that in vyhich such person has been apprehended, or in which such Justice has jurisdiction, and it is necessary to make provision as to the manner of taking the examination of the witnesses, and of
committing the party accused or admitting him to bail in such a case Be it therefore enacted, That whenever a person shall appear or be brought before a Justice or Justices of the Peace in the Territorial Division wherein such Justice or Justices shall have jurisdiction, charged with an offence alleged to have been committed by him within an^ Territorial Division whererein such Justice or Justices shall not have jurisdiction, it shall be lawful for such Justice or Justices, and he or they are hereby required to examine such witness, an i receive such evidence in proof of the said charge as shall be produced before him or them within his or their jurisdiction and if in his or their opinion such testimony and evidence shall be sufficient proof of the charge made against such accused party, such Justice or Justices shall thereupon commit him to the Common Gaol for the County where the offence is alleged to have been committed, or shall admit him to bail as hereinafter mentioned, and shall bind over the prosecutor (if he have appeared before him or them) and the witnesses, by Recognizance accordingly as hereinbefore mentioned but if such testimony and evidence shall not, in the opinion of such Justice or Justices be sufficient to put the accused party upon his trial for the offence with which he is so charged, then such Justice or Justices shall bind over such witness or witnesses as he shall have examined by Recognizance to give evidence as hereinbefore is mentioned; and such Justice or Justices shall, by Warrant (R 1) under his or their Hand and Seal, or Hands and Seals, order the said accused party to be taken before some Justice or Justices of the Peace in and for the Territorial Division where the offence is alleged to have been committed, and shall at the same time deliver up the Information and Complaint, and also the Depositions and Recognizances so taken by him or them to the Constable who shall have the execution of such last mentioned Warrant, to be by him delivered to the Justice or Justices before whom he shall take the accused, in obedience to the said Warrant, and which said Depositions and Recognizances sliall be deemed to be taken in the case, and shall be treated to all intents and purposes as if they had been taken by or before the said last mentioned Justice or Justices, and shall, together with such Depositions and Recognizances as such last mentioned Justice or Justices shall take in the matter of such charge against 220 the
:

:

4'

INDIOTABLH OyTENCES

(c.

W.) ACT.
HW.I

li'otS

of the said last menti^an rwlrrant' son or persons to whom the^a^

in the mLner and a' the t[ml h^'^ V?''"^ "' «uch accused party shaVbe com^hted fortf?'' '^'^t^^^^^' shall be admitted or *^" «^'^ ^^arge, to baU aid inl "P" be taken before the Justice or iIh.?"^^^'""'^^ party .shall

rorertewhe^^r

'"•:,'

*^ ^^^ ^'^'^ ^^ the Court P^''^^^ ^^ t« be tried

and

who

shall

costs

mentioned Justice or and expenses of

have conveyed suphnn^nl,

the said person producincr the said Justices^ and dellv rlrfg himTn^o the said Justice or Jus^icrshaH and upon the said Cons aSe Hp Uces the Warrant, JnTorSion nizances aforesaid and

co^ey 'nfthe said T^'^ i° ^' ^^'^ ^^' Justice or Justices Tndnnnn^^ •^''^' ^^'^^ ^^^°'^ Nonstable

%S

P«^' wirlnt shd have been directed, h^ ^''k"' ""'h''
stall

X

S^^^^^^

^^ '"'^"^

hT

?h'? '^'^T

"^'^^h last

'J^.tT

^ Ti
''^

or other
«»'

^ro.?;

Y""'?""^

^"^^ ^^^^^^^

dhl? L °' S^^ n '^'
u

^^"'^ P^''^^" as u"^""^ '" ^^^t behalf,

i-J,

?'^

^"^^^'^^ °^ J^^"

Justice or Justices
tice

or Justices

whosK hi p^^S
thrs^Trl

prvnablo.^l?h T^'^^^

^"'^ ^^^^'^S'

beforrwhom

the ''^'^'''''^'^^'^"^hJ^^^^
«

^r^-^"ting of

»^''^' thereupon furni?hluch Cons^'^''-''''^"'^' '' ^'"''^"''^ ficate (R 2) of his orThel Lv^nt ^'^K^ ^^"^'P^ or Certithe sai^ accused '^' ^^^'^ «f pa;ty,ti^efe^^^^^ "^ w^^'" tion (if any), Bep'ositL^a:d R^r^^^^^^f ,^^^^^^^^ proved to him or them °^ "'-^ having uoon n-.th tflT a
.hall
'

who

shall

ble, on producing such High Bailiff, if he shall if not,

have issued \TsaiTw«t«?'^"^'''T^ °^ ^'^^ -^"^ticS

LeTDtTrrprrfi'
have

and fYnt^n^^c c suoh^ther County or^^^^^^ territorial Division, ^ and returning from the same.
.

T easurlr of th. C? ?'^ ^^- '-"P^ ^^^«''' ^^d P-ty was apprehendTJ, Zl'^^Tl''^^^^^ able charges, costs P^^" ^'^ "'^ reasonthen to the

hin

^^"^^'^^fl^

*'^\''^'^ ^^"''ta^f to the Sheriff

or

ttmTl

into

befall
picion

an;'ju:tL"ortt'V?a:'"^ ""^^'^"^ of felony and the Pvi?

T ?r°"

^^all

appear
'^

.*'

^^^h a felony or sus^" '^' ^P^"'^'^

'uch Justice be^ufficentto^^^^^^^^
as hereinafter

sumption of

andlnay be
tice

of the Peace to

^"^^' &rfor sS Jus icL^^ "^"''^ "^'^^ '°"^«

mentioned but^shall not'Jr'l ^"™"^ ffuilt as to w«!l;t. u-

^^^'^ "" ^^« trial ^'*°h a strong pre^^

-at a

^^all

adm?^^

other Jus-

be tried for such «hall take thrRecogniSreVs 1 2 and his surety or sufe '^"rondit=4ed conait.oned
to

and producing"su?h tu'r"i:\*s^'^^^^^^^^^^ ,"^®"^^ ^^ [" the opinion of two Just ces will such be suffioinl person so chaTged '^^^PP«^?nce of such at tfe t!me

:t^-r

offen^p/ii''^

andT'

W

^"^ ^^ere he is '^' ^-^tice, ff"''^^ '^f^
^''""''^ P^^^^" appearance of such accused

'^''^"

'221

foV^^' lor die

XE&AL F0EM8 AND LAW MANUAIi.
accused person at the t-me and place of trial, and that he will then surrender and take his trial and not depart the Court without leave ; Provided firstly, that when the offence committed or suspected to have been committed is a misdemeanor, any one Justice may admit to bail in manner aforesaid and such Justice
;

,

1

such bail should upon oath as to their sufficiency, which oath the said Justice or Justices is and are hereby authorized to administer, and in default of such person procuring sufficient bail, then such Justice or Justices may commit him to prison, there to be kept until delivered according to law; Provided secondly, and it is hereby declared and enacted, that in all cases of felony, where the party accused shall be finally committed as hereinafter provided, it shall be lawful for any County Judge who may be also a Justice of the Peace for the County within the limits of which such accused party is confined, in his discretion on application made to him
or Justices
at their discretion require that

may

justify

nl

i-H

for that purpose, to order such accused party or person to be admitted to bail on entering into Recognizance with sufficient sureties for such an amount, before two Justices of the Peace as th« said Judge shall direct, and thereupon such Justices shall issue a warrroL ofdeliverence (S 3,) as hereinafter provided, and shall attach thereto the order of the Judge directing the admitting of such party to bail Provided lastly, that no Justice or Justices of the Peace, or County Judge shall admit any person to bail accused of treason or murder, nor shall any such person be admitted to bail, except by order of Her Majesty's Court of Queen's Bench or of Common Pleas, or one of the Judges thereof in vacation, and nothing herein contained, shall prevent such last mentioned Judges admitting any person accused of misdemeanor or felony to bail when they may think it right so to do.
;

XVI. And be

it

enacted, That in all cases where a Justice or

Justices of the Peace shall admit to bail any person who shall then be in any prison charged with the offence for which he shall be so admitted to bail, such Justice or Justices shall send to or couse to be lodged with the Keeper of such Prison, a Warrant of Deliverance (S 3,) under his or their Hand and Seal or Hands and Seals, requiring the said Keeper to discharge the person so admitted to bail if he be detained for no other offence, and upon such Warrant of Deliverance being delivered to or lodged with

such Keeper, he shall forthwith obey the same.

I

XVII. And be it enacted. That when all the evidence offered upon the part of the prosecution against the accused party shall have been heard, if the Justice or Justices of the Peace then
present shall be of opinion that it is not safHcient to put such accused party upon his trial, for any indictable offence, such Justice or Justices shall forthwith orJer such accused party, if in custody 'o be discharged as to the Jntbrmation then under °

Uu OOVCiTcVi

J

222

inquiry,

INDICTABIH OFPENOES

(o.

W.) ACT.

presumption of gu^ "' J to commit the accused for trial with which thepartyViccusedl^^a
Justices shall admit the but if the offence b a
as to raise

inquiry, but if in the opinion of snrh Tncfi t '"' J"«tices such evidence is sufficient to Vh„ I"'^ ."'"'"^ P^''*^ "P«« his trial for an indictable akhon^K

mf

oScl

wSt cTJu^ Sc?^' wihLrK-.PP
°''

'1

^^^^^

Justices

a strong by hif o^r Common Gaol for the TerritorTnl
Justices shall

be committed on the High Seas or ik Common Gaol of the TerrrrialCLi"'' ^"l?'^

by

Law

-'^h Justice or SCarnnt FT ^'^ the K 'l^'" ^^ *« "^^^ ""TT commU edT rl ^^roVr"'"? ^tr>^ ^" >ndictable

ITvTin f-i fcrnvCd^i'pv^''''"^f"'^ P'-'^^^^^d' presStion nf ^w^f^^ ''^ ^"'*^» such
^-

.t, ^'^^J^meanor, then such

1^

'^^''" *^«'^"^«

ll

'^

offence ^''' ^o the

ticeor Justices shall

until

he shall thence

be'SelSt^ Ittl^^ ''''

hJTurSZT'' ^^'^^^^

Cons™;s^"r' other p'eronsVwho ''^ '' ^^ ^^ ^he '^''T'''^ be directed !4thori-^^^^>^-"^ °^ ^'^'""^'*any other Act, shall convey such accusedV^r on h^^^^^^^
nient shall

Gaol
or

deliver

or other Prison mentionT^^ him, together witrsS

Governor of such GnnI nn

p

Wa Lt t Z'lt^i "t ^'"'^ °, ^ Gaoler, Keeper
*:

w ^^^^^^^ed

to the

T

"^'""^ '""'^ P"^°"«r ^"to custody a Rec Jpt TT^sTfor sn^K state and ^'^'^ the nn-P^^^^^
his

such Constable or other person so'^j"'-"^''"

'^"" '^^^^"P"»

g^e

conditSwhlh

Mvered

such

into the

custody'o?^urGS,Tee^^^

eKa^at's
the
al »s

f-tdayof theSessbn

which any
aforesaid

Wo

'?! J^^^^ ^" *^« or firsfsS^^^ the ^rf^°^ ®'"*"g ®^ Court person so Pnmm/ffl^i f ° P"'^'^ °' ^"^'^te^ to bail be

IrLH:?/ hltf blT
oLr

tried

.Thnl

entitled to
of the

have?from

hi'

Office?

0?^"^ T""^''

same, copies of the ^^noL-

^"'^ «hall be P^"^'"" ^^'''''^ ^^^ custody

been
the

commi ted^or bailS
words.

exceedrnrtCaK Th,l%''''T^'^ ^""^ f°' ^'^^ ^^"^® ^°^ each folio of one-hundred
same, not
tofhfsA^cfco^^Iird^^o^r'fJ^^^^^^
valid

oXvm^^

T

'"'^^'^

^' «^^" ^avl

and sufficien" in law

^

^ '^''*' '*^^"

'^^

^«H

<!.»

».«a,

«r™ ,„

the Schedule to thi.

Aci

anne;^!:!;^
varied


t\i-n

XEGAX FOBMS

AST)

LAW HAIOTAL.

I

Pi-

varied so far as it may be necessary to render them applicable to such Inspector and Superintendent of Police, Police Magistrate or Stipendary MagivStrate aforesaid.

U

XXII. And be it enacted, That from and after the day on which this Act shall commence to take effect, all other Act or Acts or parts of Acts which are contrary to or inconsistent with the provisions of this Act, shall be and the same are hereby
repealed.

enacted. That this Act shall apply only to in so far as any provision thereof is expressly extended to Lower Canada, or to any act to be done
it

XXin. And be

Upper Canada, except
there.

have force and

enacted, That this Act shall commence and from and after the first day of July, one thousand eight hundred and fifty-three, and not before.
it

XXIV. And be

effect upon,

SCHEDULES.
(A.

See Sections I

^ IV.)

information and complaint for an indictable offence,

Province of Canada,
Counti/ or United Counties, ( or as the case may be,) of

Ik.

The information and complaint of C. D. of (yeoman), taken this day of , in the year before the undersigned, {one of Her) of our Lord Majesty's Justices of the Peace in and for the said ( County or United Counties, or as the case may be) of , who saith that ^c, {stating the offence).

Sworn
at

before (me,) the day and year

first

above mentioned,
J.

S.

{K—See
WARRANT TO APPREHEND
Province of Canada,
{County or United Counties, or as the case may be,) of
/

Sections

I

^

VI.)

i'ERSON

CHARGED WITH AN INDICTABLE

OFFENCE.
)

>

)

To

all or

any of the Constables or other Peace

Officers in the

{County or United Counties, or as the case
,

may

be,)

of

:

#

Whereas A. B., of {laborer,) hath this day been charged upon oath before the undersigned, (one) of Her Majesty's Justices of the Peace in and for the said {County or United
224
Counties,

HTDICTABIB OITBITOBS
Countiesy or as the case , for that he,

(o.

W.) ACT.

may
on

he) of
'

,*

i, and to bring Justices of
ties,

hiXfrVr.r
^
'

^PPrehend the said A.
United Coun.
»

may be) of answer unto the said charpp
ing to law.

or as the case

thef>e^ei:td&h:^rc^?'^^^^ (Comwj^ or
«nrl *""* ^°
*i,
.

« k^ ^"""t^er dealt with r ^®
>'^^

*o

accord-

^^^'" ""^^^
of
aforesaid.

(^i^)
*

H^nd and

Seal, this

j^y
the (County <^.,)
J. S. [l. 8.]

(C.—See

Sections

I ^ V.)

or

(County or United Counties, as the case may be,) of
,;
.

To A. B. of

,

said

(CU or lTnp&'JeT:Zl''Z^Ziror''^

t Peace ., .e la^e- ^:::^r i:£iS'"'^-^
may
be,)

of

^

^

"^f^

(counties or as the case

SeXt,t^^^m

-^ '° "= ^-^eS^:itx.toT^
Hand and
Seal, this
'

Given under (my)
*i-

the (County, ^-c.) aforesaid.

''« the year of our Lord

*^
J- S. [l. S.J

°^^ °^

.

.

(D 1.—&ff
'^'''!^''''''

<&c^jo;w

/

4. r.)
*''
t

P«ov I'BoviNCE OP
«• a*

'^''^ '"'^ *"'«'«°''«
)

''"ll

DISOBEYED.

Canada,

(Cownfyor United Counties,}Mc cflwe way Je,) ©f j

«

or

*^

;*M

LBOAL T0BU8
fl\l

ATH)

XAW UASVMj,

was charged before , or last past) A. B. of the or us,) the undersigned, {or name the Magistrate or Magistrates, or as the case may be) (one) of Her Majesty's Justices of the Peace in and for the said {County or United Counties^ as the case maybe,)
(me
of that (4c.,
. >

for

Svm.ions); And whereas (/, he, the said Justice of the /'care, »'c, or thepy the said Justices of the Peace) then issued {mif, our. his or their,) Summons to the said A. B., com* manding him, in Her Majesty's name, to be and appear before o'clock in the (fore) noon, at (we) on or before such other Justice or Justices of at the Peace as should then be ih: -r I answer to the said charge,
f>:<

inlhr.

,

and to be further dealt wiili accordmg to liiw And whereas the said A. B. hath neglected to be or appear at the time and place appointed in and by the said Summons, although it hath now been proved to (me) upon oath, that the said Summon," was duly served upon the said A. B. ; These are therefore to command you, in
;

Majesty's name, forthwith to apprehend the said A. B., and him before {me) or some other of Her Majesty's Justices of the Peace in and for the said ( County or United Counties, or as to answer the said charge, the case may be) of and to be further dealt with according to law.

Her

to bring

,

Given under {my) Hand and
of
.

Seal, this

day
,

,

in the year of our

Lord
aforesaid.
J.

at

in the (County)

of

S. [L.S.]

i

(E l.—See

Section IV.)

information to obtain a sbaech warrant.

Province of Canada, {County or United Counties, or as the case may be) of in , of The Information of A. B. of the day of the said {County ^.) {yeoman), taken this , before me, in the year of our Lord W. S., Esquire, one of Her Majesty's Justices of the Peace, in and for the ( County or United Counties, or as the case may be) of
,
,

,

who

saith that
»

on the
of articles
stolen,)

Jay of

{insert description

stolen, of the goods and chattels of Deponent, were feloniously taken and carried away, from and out of the {Dwelling House ^.,) perof this Deponent, at the {Township SfC.) aforesaid, by (some just son or persons unknown, or name the person,) and that he hath and reasonable cause to suspect, and doth suspect that the said

goods and chattels, or some part of them, are concealed in the in the said , House ike, of C. D.) of ( Dwelling
i

^

County) {nereaaa uie causes or suspiviun, ^nui.evzr mzy

.-.-r-.!^-

--•;>-

226

Wherefore,

WBIOTABIB OIFBKOBi

(c.

W.) ACT.

l'Tot::;?te^^^^
•aid, for tlie

may
nhT'i^"^
''" ''

-d carried awaylstCsJd
Sworn
before

sa d ffooZaml

?*,*^^

^^''^

be to C.lJ. as atbre-

^ted

''^""^"^'^ «^«'«". ^^^^n

me

the day and year

fir^f

oh„

W.
(E 2
Province op Canada,
See Section IV.)

S.

J.P.

MARCH WARRANT.

[County or United Counties, or as the case m<nj be,)

of

.

necessary

Mthorize and require 'he Queen, to you and pIk ^j'^''^ '"'' and proper aSano^ .„ u*'™'^ "' J"", with

^

Karch for the said
pari

(hereof shall be found so founa, some other Justice of the

gS and tii ..n™!^^
chattels'

^?\'>"'"' diligently
'*"

""''. ''

^*

a„d\t"t"ro3;"o?fe
Peace
in

«n^

^

-J'S' -"-.^efore me, or .u
'

H
,
'

«"ne or anr

"""'

''^'

ff^d Counties, deposed
Given under
of our

or as tke

of and dealt with

my Hand

ce^eZybT^''' accoSglo Lw

'^' '''^

(^-"'^or

^'

[County, <^.] this-^

and Seal at

^5 Lord, one thousand eight hundred and

^Sj

in the said ^" '^^

y"^'

W.S./.P.
[F.-^See Section
//.J

{seai^

CERXmCATE OF INDICTMENT BEING PODND

%

f^^- -d Terming.. ^,. (^n™;oTDXWyt'^ rndforthefCo^r^-fetr-s/^^^^^^^ .at m the said [Cowni^, mayie,2 i_j:-x R Rill «r T_j;
''
(X
-

^•-'[f^^
(f

against A.

B.'

oi iiiuicunent therein described
,!

<$., •C.1

was found by Ihe'G^a^d
flaboreTfJ

on

227

A. B. late of
i
T

1

:

!

4.t

LlOAl I0EM9 AHB lAW

MAHTTAXi.

and that the (/oAorw.) for tliat ho {^-c, stating shortly the offence,) said indictment. said A. B. hath not appeared or pleaded to the thousand eight day of , one this

Dated hundred and

,


Crown
for

Clerk of the Crown orDeputy Clerk of the
the

or United Counties, as the case may be,) or {County or Clerk of the Peace of and for the said United Counties, as the case may bt.)

\Comhj

(G.—See
Province op Canada, [County or United Counties,
or as the ease
all

Section 11)

warbant to appeehenu a person

indicted.

may

ie,]

of

!

i

Officers, in the or any of the Constables, or other Peace To may be] of said [County or United Counties or as the case Whereas It hath been duly certified by J. D., Clerk of the Crown oiirmme the Court) or E. G. Deputy Clerk of the Crown, in and lor the [Couniy or Clerk of the Peace, as the case may be] Counties, or as the case may be] of or United therefore to command that r^-c., statiny the certificate] ; These are apprehend the said A. you, in Her Majesty's name, forthwith to Justice or JusB, and to bring him before [me], or some other {County or Umted Countm, tices of the Peace in and for the said according to law. or as the case may be,] to be dealt with day of this my Hand and Seal,

Given under

At

,

of ourj Lord , in the year in the {County ^.,) aforesaid.

.

J. S. [l. b]

(H.— /S^ec
Province op Canada, County or United Counties, or as the case may be) of

Section //.)

warrant op commitment of a PERSON

INDICTED.

,

To

m

awpMS-.'SSPW-

"4

Officers in the or any of the Constables, or other Peace and to the Keeper of the of said {County, &c.) the said {County or Umted , in Common Gaol, at Countiesy or as the case may be) of Whereas By a Warrant under the Hand and Seal of in and for the said {one) of Her Mcgesty's Justices of tho Peace under as the case may be,) of {<7ou«fa/ or United Counties, or the day of dated "Hand and Seal,
all

228

aft"

t

hkmm


nCDIOTABM OFITKWOIS
(o. W.)

ACT.

or

United Counties, or as

thecaeTJu

Z)of

"'''^

^^T'^

under and by virtue of
bflfopp fr»«\

i

tfie sai
, ,

;1

u

\V«r.onf Warrant,

apprehendod md u-^ now broujzht being
i

>

f

i

Given under

(mj/)

Hand and

Seal, this

in

>n the year of our r^ ' the [Counff/, 4^..] aforesaid.
!,

dav of
at
J. S.

Lord

^

[h. 8.]

See Section II.]
18

WARRANT TO DETAIN A PERSON ,N«,CTED. W«0 CUSTODY FOR ANOTHER OFFENCE.
Province op Canada,
[County/ or United Counties, or as the case may be] of

ALREADY

IN

To the Keeper of the Common Gaol at [Co^mty or United Counties, or

r-

;„ fhfl ^.\A

Whereas

It

S rof thtr ''%^--a-

as the case may be] of hath been duly certified by J. D Clerk of th« P'^P-ty Cle^k of the CrowLt

^

^1

229

m your

custouy
in

;;

XiKOAL rOBlfS A31V IiAW KAlTUAEta

Common Gaol aforesaid, until by Her Majesty^s Writ of Habeas Corpus he shail be removed therefrom for the purpose of being tried upon the said indictment, or until he shall be otherwise removed or discharged out of your custody by due course of law. Given under (mt/) Hand and Seal, this day of in the year of our Lord ,
in the
,

at

,

in the

(

County, 4^.,] aforesaid.
J. S.
[li.

s.]

(K.—&c
endorsement
Province of Canada, {County or United Counties, or as the case may be) of
in
^
>

Section VII.)

backing a warbant.

;

Whereas Proof upon oath hath this day been made before me, one of Her Majesty's Justices of the Peace in and for the said
{County or United Counties, or as the case may be) of that the name of J. S., to the within Warrant subscribed, is of the hand-writing of the Justice of the Peace within mentioned I do therefore hereby authorize W. T. who bringeth to me this Warrant, and all other persons to whom ihis Wf^rrant was originally directed, or by whom it may be lawfully executed, and also all Constables and other Peace Ofiicers of the said {County or United Counties, or as the case may be) of , to
,

execute the same within the
Counties, or as the case

last

mentioned {County or

United

may

be).

Given under
in the
(

my Hand,
Lord

this

day of
,

,

in the year of our

at
J.
Li,

,

County, <^.,) aforesaid.

(L l.—See
Province of Canada, {County or United Counties, or as tlie case may be) of

Section

VIII)

SUMMONS TO

WITNESS.

To E.

F. of

,

(laborer)

:

-

'

aim .Sp.s

Xis

Whereas Information has been laid before the undersigned, one of Her Majesty's Justices of the Peace in and for the said {^County or United Counties, or as the case may be] of that A. B. {4''^; as in the Summons or Warrant against the accused,) and it hath been made to appear to me upon {oath),
that

#

you are likely to give material evidence for {prosecution) These are therefore to require you to be and to appear before me 230

UTDIOTABLB OirBNOES

(o.

W.) ACT.

I

'Ml

me on next, at o'clock in the [fore) noon, at or before such other Justice or Justices of the Peace for the same (.County or United Counties, or as the case
mayheToi

tteTaV .T ' He^ernfautr
Given under
in

'^^'''

"

V''^^- ^^"' y^'^ ^'^^'J know concerning "^'^ ^^""' **^^ '^' ^' «' - -^--<*
and
Seal, this
,

*

<\V

Ji

^**l

my Hand

the year of our Lord

day of
.»n tne [Comb^, jl t mthlrknr.f,, ^-c.,]
J. S. [l. s.]
'

at

M

'!

aforesaid.

[h%~See

Section VIIL]

Warrant when a witness has not obeyEx. a suMAionS. rRoviNCE OP Canada, [County or United Counties, or as the case may he) of To all or any of the Constables, or other Peace Officers in the said ICounty or United Counties, or as the

casTmay bq

Whereas Information having been
knd

laid before

it

LV

been made

t'o^et fo' f.^J

u^on

otthtr^'

J^rosecutfelX^t^^r^^^
to be and appear before {me) on at '•^^'^^fo^'esuchother Justice or Justices off h*. ' Peace for the same rCo.«<y or f7ne/erf Co.n/^ ?« may he,] as might then be there, to testify what he should know respecting the said charge so made against the said B a^ aforesaid And whereas proof hath this day been ; made nnnn oath before of such Summons having bee^n du y sTrved upon he said E F, And whereas the saM 1. F. hath^neglected to appear at the time and place appointed by the said I urn m^^^^^^ and no just excuse has been offered for such neglec Thesrare therefore to command you to bring and havf the'saidl before [me] on at o'clock in the {fore) noon at or before such other Justice or Justices of the Peace'for the same [County or United Counties, or as the case may

E.

R, requiring him

0^1?!
A

«

F

'

here, to test fy
so

what he

shall

know

be]Z mav

tLn^
hames ^
'

made

against the said A. B. as aforesaid.
this
'

concerning he sa?d

Given under [my] Hand and Seal, m the year of our Lord

day of
at
*

m

the [County,

^.,]

aforesaid.
J.

S. [l. s.]

231
LLij.j

>'4lkilN.«

I.SOAL

TOBMS

AliTD

IiAW VLASVAU

[L 3.— See
Province of Canada, (County or United Counties,
or as the case

Section VIIL]
in

warrant for a witness
1

the first instance.

>

may

he) of

)

To
(

all or any of the Constables or Peace Officers in the County or United Counties, or as the case may fee] of

said

Whereas Information has been laid before the undersigned, Her Majesty's Justices of the Peace, in and for the said (County, or United Counties, or as the case may be) of that (^c, as in the Summons) ; and it having been made to
(one) of
,

appear to (me) upon oath, that E. F. of , (laborer), give material evidence for the prosecution, and that it is probable that the said E. F. will not attend to give evidence unless compelled to do so These are therefore to command you to bring and have the said E. F. before [me] on
is likely to
;
,

o'clock in the [J'ore] noon, at , or before such other Justice or Justices of the Peace for the same [County or United Counties, or as the case may be) as may then be there, to testify what he shall know concerning the said charge so

at

made

against the said A. B. as aforesaid.

my Hand and Seal, this in the year of our Lord , at County, or as the case may be) aforesaid. (
Given under

day of
,

,

in the

J. S. [l. s.]

(L 4.— See

Section

VIIL)
sworn,

warrant op commitment of a witness for refusing to be
or to give evidence.

Province of Canada,
\_County or United Counties,

or as the case

may

be)

of

or any of the Constables or other Peace Officers in the (County or United Counties, or as the case may be) of , and to the Keeper of the Common Gaol at , in the said {^County or United Counties or as the case may be) of ,
all

To

(one) of

Whereas A. B. was lately charged before Her Majesty's Justices of the Peace in and (County or United Counties, or as the case may be) of
Summons);

,

for the said
,

for that ((^. as in the

And

it

having been made

to
,

appear to {me) upon oath that E. F. of

was

likely to give material evidence for the prosecution, (7) duly issued (my) Summons to the said E. F. requiring him to be and

appear before me on at or belbre such other Justice or Justices of the Peace for the same 232 (County
,
,

'

nrBICTABLB OFFENCES

as should then be ^ ^^^ncerning the said charge made against The Lid now appefring before iw«;?''^°^ ^"'^ ^^^ «^id E. R tue of Warran^t 'n th^VCha htol^i?;?:""^^!'^^^"':^. ^""'^ by virrequired to make oath o, «ffirr,^ r ^ ^' aforesaid,) and being

i^:re%l^Sfy^^^^^^^^

80

— AE^T
(o.

W.) ACT.

M

hath doth
ises

now recused so to do r^h-" ^5 ^ '^'"''''' '» ^^at behalf, now refusfto answer Air •''''"^ ^"'^ ^^^°™ as a witness
<^oncerning the prem^° ^''"' ^"'^ "lore particularly the

foliowing)

which are no^^W^^^^^^^ ^"^

without offering any just excuse for therefore to command vnn fk-, c -j >-. such refn.^l"^^'
, .

TU Ihese are

and
said

him

.here

contempt, unless he Thnll il^tu^ amined, an/to al:i'rcS„"j ^/.^

sdiyTep'Z ZXlel?"

^'' Con,.o„ Gaol,
^^y^> ^^r his
l^
'

'^

-

domg, this shall be your sufficie^nt Given under (^y) Hand and Seal, m the year of our Lord
so

WaS
this
;

°' ^°"'

dav of
»

aforesaid.

'

at ^^

»» *u tf^e

(CoMw/y

L

' . ^-c.,)

J. S. [l, 8.]

(M.—^ee
Province of Canada, (County or United Counties,
or

^eci/ora

IX)

DEPOSITIONS OP WITNESSES

as the case

may

he) of

The exajknation of C. W. of
F-

of

{laborer),

«f at ' the case may ie) aforesaid b;fnl t.. d,ioresaia. Detore the dersigned. (one^ of Ut^f lU^^^.f ' un-

m

.,

the

{Cmnty, or as

/^

'

in the

taken on [o«/A] year of our Lord

this

(farmer,) and E. day of -

—^

t^

presence an*d hearfng of (me) for that he, the Lid

^ B wL"!

[{'

^«1

A B

^""'^"^

/^^'^ ^^>^

T^

*^).

^^ the

^'^^'^
'

\tXi7e'rfr'''V
Mse..
,^^

^-rrantoSclmmUment:^
'"^'^ ^' follows

*/«4SS/r„;5r,V'''v^^^^^^
'^" ^'P°"'"^' ^- ^"P°" ^^«

:\4^.

FK/ie« A/s rf.;,osz^,o« IS completed, kt

him sign

[4]'

MA]

saith as follows:

me


forms AKD I/AW VA9VAI*.
and E. F. were taken and on the day and year first
J.S.

JJEQAIj

The above

depositions of C. D.

[sworn] before me, at above mentioned.

[N.

See Section X.]

statement of the accused. Province op Canada, ^ [County or United Counties, }
%

or as the case

may

be] of

)

A. B. stands charged before the undersigned, lone] of Her Majesty's Justices of the Peace in and for the [County or United
Counties, or as the case

may be]

aforesaid, this
,

day of
Is,

,

in the

year of our Lord

for
,

'llf

that the said A. B., on , at [<^c. as in the caption of the depositions ;] And the said chaise being read to the said A. B., and the witnesses for the prosecution C. D. and E. F, being severally examined in his presence, the suid A. B. is now addressed by me as follows " Having *' heard the evidence, do you wish to say any thing in answer to " the charge ? You are not obliged to say any thing, unless yoH " desire to do so ; but whatever you say will be taken down in " writing, and may be given in evidence against you at " your trial." Whereupon the said A. B. saith as follows {here sta.te whatever the prisoner may say. and in his very words as A. B. nearly as possible. Get him to sign it if he will.]
:
:

Taken before me, at above mentioned.

,

the day and year

first

J.S.

(0 1.—-See
Province of Canada, [County or United Counties,
or as the case

Section Xll.)

recognizance to prosecute or give evidence,

may

be,]

of
I
.

REMEMBERED, That on the day of in in the year of our Lord C. D of the of in the [Townshif] of in the said [County] of [farmer,] [or C. D. of No.
it
,
,
,

Be

I

,

in the Town or City Surgeon, of which said house he is {tenant,) personally came before me, one of Her Majesty's Justices of the Peace in and for the said {County or United Counties, or as the case may be) oi and acknowledged himself to owe to our Sovereign Lady the Queen, the sum of
Street,
, ,

%

of

,

>

234

of

^

IITDIOTABLB

OFMNCBB

(o.

W.) ACT.

««

of our said

LlSy ,hrQuee»1fer H^i «nd,tenemenl.,

to the

HoXV"

''""'"°'""'«''.l''ef„'J:^„f

>-' fl"'»b„ve menJ.

s.

CONDITION TO PROSECUTE

t»,

HK rVSSltAl^^
J^Same as
Jurors

Reoo.„.a„eTt:t v^^

CONDITION TO PKOSECUTE AND GIVE EVIDENCE. the last form, to the asterisk* and then thus •-' there prefer or cause to be oreferr^H a Rii ^f T* ^ .

And

?

then enquire mto the said offence as aim t„ upon the trial of the sa°d A B then the sa,d^Reoog„,.a„oe to be void, or else to stand in fuU force

H ho

shall

hem who

shall pass

and"

CONDITION TO GIVE EVIDENCE.

Ana mere give such evidence as he knoweth udc a Rill /f Indictment to be then and there preferred aga nst t'he said A B for the offence aforesaid, as well to the Jur?S who shall ttr; enquire of the said offence, as also to the Jurors who shall n.,!
\

T^e

mt:T i'/..

^- '' *^^

-^^
''

bIKiI bffo n^a
°^^--^«
'f
-

rt:in;n';;,rfot:nd v^s.^'"""

'^ ^°^^'

'V

(0 2.— See Seciim XII.)
NOTICE OF THE
.0

-...COGNIZANCE

PRO^EOTOR AND n An
rRoviNCE OP Canat-a„ {County or United Counties, or as the case may be,) of

TO BE GIVEN TO THB

HIS WITNESS.

Take
sum of

notice,

That vou
^

C D

nf
.

t

t^'rT' to appear

at the next Dnnrf nf

L

'

^^'^

00""^ in the Ov°r -n^

,

.

lermmer

3:i:

if;

XXOAL FOBMS ASH LAW UASVAIi.

Terminer and General Gaol Delivery, [or at the next Court of General Quarter Sessions of the Peace, in and for the {County
or United Counties, or as the case may be) of , to be holden at in the said {County, ^c.) and then and there [prosecute and] give evidence against A. B., and unless you then appear there, {prosecute) and give evidence accordingly, the Recognizance entered into by you will be forthwith levied on you.
,

Dated

this

day of and

one thousand
J. S.

eight hundred

P

1.

—See

Section

XII)

commitment op a witness for refusing to enter into the eecogmzance. Province of Canada, {County or United Counties,
or as the case

may

be)

of

To

or any of the Constables or other Peace Officers in the the said {County or ^c.) of , and to the Keeper of Comiiion Gaol of the said {County or UnitedCounties, or as th case may be) at or as the case may be) , in the said [County,
lill
:

of

Whereas A. B was lately charged before the undersigned, (or name of Justice of the Peace, {one) of Her Majesty's Justices of
for the Peace in and for the said {County, or ^c.) of that {<^c. as in the Summons to the Witness), and it having been made to appear to [me] upon oath that E. F., of was likely to give material evidence for the prosecution, (/) duly issued {my) Summons to the said E. F., requiring him to be and or before appear before {me) on at such other Justice or Justices of the Peace as should then be there, to testify what he should know concerning the said charge so made against the said A. B. as aforesaid ; and the said E. F now appearing before (me (or being brought before {me) by virtue of a Warrant in that behalfto testify as aforesaid), hath been now examined before [me] touching the premises, but being by [me] required to enter into a Recognizance conditioned to give evidence against the said A. B., hath now refused so to do These are therefore to command you the said Constables or Peace Officers, or any one of you, to take the said E. F. and him
,
,

,

safely to convey to the Common Gaol at the [County ^c] aforesaid, and there deliver

j"^

him

Keeper

command

together with this Precept and you, the said Keeper of the said Common Gaol to receive the said E. F. into your custody in the said Common Gaol,
thereof,
;

to the said I do hereby

236
f^

there

IITDIOTABLB OFFENCES (o. W.) ACT.

Sd

^ie'sL

^^^^^y/^^Pj"'" of '^dTiT^Z off "? ^f^resaid. unless in thethe T^ after meantime the the P F LuA ^ '"^^ "^° '""'^ Kecognizance as
trial

T

'''''''

aforesaid!

Terminer, or General GaolfieUverv General Quarter Sessions of the Peace], to be hoWen in for the said {County or United Counties, o^ as the case may te)^^{ ^^-^'^ ^^ ^'vc evidcnce bcforc the Grand Jury nnnn any B.ll of upon n„ Bii ^ri Indictment which may then and there be pre ferred against the said A. B. for the offence aforesaid and also to give evidence upon the trial of the said A. B. for 'he said of^ fence, if a True Bill should be found against him for the same Given under my Hand and Seal this da^of ' , in the year of Our Lord at in the [County ^c.,] of aforesaid.
or

Justice of the Peace for the said (County or as the case may he) conditioned in the usual ?o the next Court of [Oyer and

UnuflcJuZLZ m to apS Z

3

M

i

,

J. S. [l. s.]

[P 2.~See Section XIL]
SUBSEaUENT ORDEE TO DISCHARGE THE WITNESS. Province of Canada, [County or United Counties,
or
or as the case

may

be']

of

^

To the Keeper of the
in the

Common

Gaol, at
aforesaid
'
"

[County] of
{7ny)

order dated the dav of [instant] reciting that A. B. was lately before then charged before {me) for a certam offence therein mentioned, and that E F having appeared before {me), and being examined as a wiTnesi for the prosecution in that behalf, relMsed to enter into a Recof aizance to give evidence against the said A. B., and I therefor*^^ thereby committed the said E. F. to your custJdy. and renu red you safely to keep him until after the Vial of the said for he offence aforesaid, unless in the meantime he should enter into si .h Recognizance as aforesaid And whereas for want of sufficient evidence against the said A. B., the said A. B has no been commuted or holden to bail for the said offence, but on Sie contrary thereof has been since discharged, and it is t^refb p not necessary that the said E. F. should be detained loiger in your custody These are therefore ; to order and direct the said Keeper to discharge the said E. F. out of your custody as to the said commitment, and suffer him to go at large

Whereas By

aT

;

Z

biven under
,

my Hand and
,

Seal, this

in

year of Our Lord the {County, 4^.,] of

in the

dav of
'

m

aforesaid.

;;

LBQAL FOBHS

AJfJi

LAW

UANnA.1.

(Q l.—See Section XIII.) WARRANT REMANDING A PRiaONER.
Province of Canada, (County or United Counties^ or as the case may be) of

To

all or any of the Constables or other Peace Officers in the said (County or United Counties, or as the case may be) of , and to the Keeper of the (Common Gaol or Lock-up House) at , in the said [County, <^c.,] of
:

Whereas A .B. was this day charged before the undersigned [one] of Her Majesty's Justices of the Peace in and for the said
(County or United
,

Counties, or as

tfie

case
t/ie

may

be)

of

Warrant to apprehend], and it appears to [me] to be necessary to remand the said A. B. These are therefore to command you the said Constables or
for that [^-c as in

other Peace Officers, or any of you, in Her Majesty's name; forthwith to convey the said A. B. to the {Common Gaol or Lock-up House), at , in the said (County, ^c.,) and there to deliver him to the Keeper thereof, together with this Precept and I hereby command j^ou the said Keeper to receive the said A. B. into your custody in the said (Common Gaol or Lock-up House), and there safely keep him until the day of
,

[instant
,

,

when

I

hereby

command you

to have

o'clock in the [fore] noon of the same day before [me] or before some other Justice or Justices of the Peace for the said [County or United Counties, or as the com uav be] as may then be there, to answer further to the said churge, and to be further dealt with according to law, unless yoa
shall

^ini at

at

be otherwise ordered in the meantime.
,

Given under

Hand and Seal, this in the year of our Lord
Sfc.,]

my

day of
,

at
J. S.
[l. s.]

,

in the [County,

of

aforesaid.

[Q 2.— Sfee

Section

XIII]

BECOGNIZANCE OF BAIL INSTEAD OP REMAND, OW AN ADJOURNMENT op examination. Province op Canada, (County or United Counties, or as the case may be,) of

day of A. B. of [ (laborer), L. of (grocer,), and N. O. of (butcher), personally came before me (one) of Her Majesty's Justices of the Peace for the said [County or United Counties, or as the case may be], and severally acknowledged themselves to
in the

Be

IT

REMEMBERED, That on the year of our Lord

M

,

238

owe


IWDICTABIH OmaroKS

(O.

W.)

AO-B.

said L.

M. and N.

O. the

sum of

'

''"*^.

*^®

respectively, tol^he use of^"r -'H T^^'^'u'^";^^ ^"^' tenements Queen. Her Heirs andSucces.o sifhethesain R^^r^ Taken and acknowled^d ^hhi '"/''" '"!i^'^'^" «"'^«^««d.
tioned, at

before

ml

^

^'^'' ^''^ ^*^°^« "^««J. S.

CONDITION.

ine condition of the within wkW+o^
.ha.

r>

whe.„s. he

within

b:iT^^«'S:;7;'^^^^^

2eyJouH„„i„t^sL'-,?r:^r^L°:irL^''"'^
.P^r
before

.e „„

tb^^ "tlT ""' ''" ^

"•;'"'''

to

stand in full force

and virtue

''°'*^' ^"^

^''^

NOTICE or

See Section. XIII.) (Q 3 HECOGmZANCK TO BE GIVKV TO TI.E ACCUSED AND
Ula SURETIES.

Fkovince OP Canada, ) [County ov United Counties, or { as the case may be) of )

Take
of

notice.

7

That you A. R of and your

u

,

.

S^^L L. M. and n'o.T
^'"''"1,^"

he^^t:

Justices of

[ft«]noon,a''^"' the same

(

A,,™,,.

'

rr

?1^

' ""u"''"'*'' in Ihe "'°'' °*'"' Justice or

charge n'?„iV'?T '?'*'•] "• the"=<="*. " ''''"' "'* A R „^ "^""n emer-H t, V"'"'"''"X W""' '"='=ordingly, '» fonhwithfevieTJnVoTa'd ibl'^ """"^'^^"^ «"-'- -»
made
i»8 10 ifw" aJd unles^'vou the Recognizances

iir/oXc

iJated this

jav of
'

iiundred

and

*^"®

thousand eight
J.

i

239

S.

(Q4.)

LEGAL rOSMB

AlTD LA.W MAITT7AL.
/Section JC///.)

(Q 4._See

CERTIFICATE OP NON-Al'PEAHANCE TO BE ENDORSED ON THE RECOGNIZANCE.
1 HEREBY CERTIFY, That tho Said A. B. hath not appeared at the time and place, in the above condition mentioned, but therein hath made delault, by reason whereof the within written Recog-

nizance

is forfeited.

J.S.

(R 1.— See

Section

XIV.)

w arrant

to convey the accused before a justice of tue county in which the offence was committed. Province of Canada,

{County or United Counties, or as the case may be) of

To

all or any of the Constables, or other Peace Officers, in the said {County or United Counties, or as the case may be) of
:

{laborer), hath this day been A. B. of charged before the undersigned [owe] of Her Majesty's Justices of the Peace in and for the [ County or United Counties, or as for that [^. as in the Warthe case may be] of rant to apprehend] ; And whereas [/] have taken the deposition of C. D. a witness examined by [me] in this behalf, but inasmuch as [/] am informed that the principal witnesses to prove the said offence against the said A. B. reside in the [County or United where the Counties, or as the case may be] of These are theresaid offence is alleged to have been committed fore to command you, in Her Majesty's name, forthwith to take and convey the said A. B. to the said [County or United Counand there carry ties, or as the case may be] of him before some Justice or Justices of the Peace in and fcr that [County or United Counties, or as the case may be,) and near unto the [Township of ] where the offence is alleged to have been committed, to answer further to the said charge before him or them, and to be further dealt with according to law;

Whereas

,

;

[I] hereby further command you to deliver to the said Justice or Justices the information in this behalf, and also the said deposition of D. now given into your possession for that purpose, togeth-

C

er with this Precept.

Given under
4^.,] of

my Hand
Lon'

and Seal,
,

this

day of

,

in the year of our

at

,in the [County,

afoiosaid.
J. S. [l. a.]

240

(R2.)

INDIOTADLS OFFENCES

(o.

W.) ACT.

[R %~See

Section

XIV.]

COUNTY m WHICH THE OFFENCE WA8 COMMITTED. Province op Canada, ) [County or United Counties, >
or as the case

RECEIPT TO BE GIVEN TO THE CONSTABLE BY THE JUSTICE FOR THE

may

he] of

)

ConLble, ypeloe
jr as the case

^

Officer,

of the

6„] „f

rftS^of^^lJ'r ^•/•' C™«..* C^l,"* «„'

^^^

^virtue of ana

i„

obedirce";°TwaS S'lV"''

'

L^o"««y or United Counties, or as the case may be] of produced before me, one A.B. charged before the said T «? w,-fK

i.

)

.i

^dJ15,.la
hM

fo also delivered unto

.formation [,/an^] in that b.half, and

be father mo the said Warrant
] '"

t tlif
in

.

'"'''

&iritr.Xw'" tJothJ^.'t.^ Zl^S* M c' Warrant
a'nl

of mentioned, and hai

tlM&jVcTof
[S

"^'

^'""' "™'™'=*.'"
J. P.

I.—See Section XF.]
bail.

Recognizance op
Province op Canada, {County or United Counties,
of

w as the case may be)
Be
the

of .(grocer) and N.O. of personal y came before (us) the undesigned,

remembered, That on the year of our Lord
it

dav of
.

^M.of

A B

tf.h

^

'fc'
tv^ro

of

I-iSaiT;^

s«d L. and N. O. the sqm of and lawful current money of this

M

«„„i
Province, to be
^'*««"'

*r ^^
I

Zt"^^^
««^ Heirs and
endprsed.

.:

SS;

ottccessors, ?f L« the said ""^-n '?^r^?'^^ *t" if he, A. B. fail the oonditioa

Z

m

^*^

00

Taken

'1*1

'

t

sTVj

V^

IMAGE EVALUATION
TEST TARGET (MT-3)

IM
1.0

IIM

^ 1^
2.0
I.I

1.8

1.25

U

ill

1.6

<^
'c3

7i

%
'-/////

C^!^/
•C^

3
<?

# r
/
Photographic Sciences Corporation
23 WEST MAIN STREET WEBSTER, N.Y. 14S80 (716) 872-4503

.•%-=>>

.

LEGAL FOBMB AlTD LAW MANUAL.

Taken and acknowledged
tioned, at

the day and year before us.

first

above menJ. S.

J.N.
CONDITIOW.

condition of the within written Recognizance is such, that whereas the said A. B. was this day charged before [us,"] the Justices within mentioned for that [&c. as in the Warrant'] ; If therefore the said A. B. will appear at the next Court of Oyer and Terminer or General Gaol Delivery [or Court of General Quarter Sessions of the Peace] to be holden in and for the [County or United Counties, or as the case may bej of , and there surrender himself into the custody of the Keeper of the [Common Gaol or Lock-up Ilouse^ there, and plead to such Indictment as may be found against him by the Grand Jury, for and in respect to the charge aforesaid, and take his trial upon the same, and not depart the said Court without leave, then the said Recognizance to be void, or else to stand in full force and virtue.

The

[S

2.— See

Section

XV.]
,

NOTICE OF THE SAID RECOGNIZANCE TO BE GIVEN TO THE ACCUSED AND
UIS BAIL.

the sum of in the sum

^
i^n^i

are bound in and your Sureties [L. M. and N. 0.] , each, that you A. B. appear [&c. as in the condition of the Recognizance^ and not depart the said Court without leave ; and unless you, the said A. B., personally appear and plead, and take your trial accordingly, the Recognizance entered into by you and your Sureties shall be forthwith levied on you and them. Dated this day of , one thousand eight hundred and
notice.
B.,

Take

That you A.
,

of

,

J. S.

[S S.—See Section

XV.

^ XVL]

warr^wt of deliverance on bail being given for a prisoner already committed.
Province op Canada, [County or United Counties, or as the case may be"] of

To

the

Keeper of the Common Gaol of the [County or

Untied
,

Counties, or as the case

may

be] at

in the said {County or United Counties, or as the case

may

he)
:

of

Whereas A.

B., late

of

,

{laborer), hath before (us)

242

{tm)

tMimm

1

INDICTABLE OPFBKOES
)ove ineu{two) of

(o.

W.) ACT.
1

Majesty's Justices of the Peace in and for the said [County or United dounties, or as the case maybTof entered into his own Recognizance, and found sufficient suretie^ for his appearance at the next Court of Over anr^ General Gaol Delivery (or Court

Her

'1
1

i

IK
'

1

tTJ

1

If

^''

hL rfi

ll

orclVi^^'Qu^ltens ^f

he

was taken and committed

to

f^rhiS^f^a^^ ^"' ''' '^^^^'^^'y^"
in^rXToriSr^"''^^'^''^
[County, &c.) of
_

" hl'^ST r»nl fn! i

your said Common gLoI

These
t^^^^

B '/°

r^r

^•°"' '" ^'' '^"^ Majest/s name '^®"'^'" '" y°"^ custody in the said

"^

Common shallforth^t~
'^yo'
.

'""'^^
aforesrid.
J. S. [l. 8.1
f.

,'

N.

[l. s.j

CCUSED AND

[T 1.— See Section XVIL] warrant op commitment.
Province op Canada, [County or United Counties, or as the case may be] of

To
(

all

or

any of

'the

County or United Counties, or as and to the Keeper of the
ted Counties, or as the case the said [County ^c] of

Constables, or other Peace Officers in the the case may of

Common GaolofthefcLtor L^o""ry or
may
bel at

M

UrnUni'

^"

the

oath of C. D.. of
rstnh'nir

&c

^hZnl

th

jr

-.

T? \M^r>) and
''

J

^

,

'

^^

others, for that.

Gaol at

^- ^"'^ ^'"^

'^^^K

^°°^^y

^'^^^

^^"^n^on

him to the Keeper thereof, together

^.^tU^rTcep''^^^^^

tflewlTe'^JT *«^^-^d^-P- of the saU c'omnfj;fGad GaoraXw.^f^\^'"*°Z.°"'°"^^°'iy in the said Common
b^due::^^^^^^^ fa'^r^^ Given under my Hand m the year of our Lord and Seal,
[County
4.C.,-]

ered

^^"^ ^^'^^

^^ «»^-» ^^ whence
day of
«*

deliv-

this

^

or

in the
J. S. [l. s.j

'!

aforesaid.'

243

(T2.)

r
|s

-.

i

BrF
'

r
J

1

lu^Cl

]
I

i

XI0AL rOBlCS

A2n>

£AW

ICASUAIi.

(T 2.— Sfee

SijcftVm

XVIII.)

GAOLERS EECEIPT TO THE CONSTABLE FOR THE FRISONER, AND JUSTICES ORDER THEREON FOR THE FAYMEKT OF THE CONSTABLE'S EXPENSE IN EXECUTING THE COMMITMENT. I HEREBY CERTIFY, That I have received from W. T. Constable, the body of A. B. together of the (County, ^-c.) of with a Warrant under the Hand and Seal of J. S.. Esquire, one of Her Majesty's Justices of the Peace for the said [County or and that United Counties or as the case may 6e,] of said A. B was [sober, or as the case may be} at the time he was
,
,

delivered into

my custody.
Common
ftt

Keeper of the

P. K. Gaol of the said [County, <J<.]

f^ <

To R. W. Esquire, Treasurer of the {County or United Counties, or as the case may be,) of Whereas W. T., Constable, of the {County or United Countiesf hath produced unto me, or as the case may be,) of J. P., one of Her Majesty's Justices of the Peace in and for the said {County or United Counties, or as the case may be) of the above receipt of P. K., Keeper of the Common Gaol at pursuance of the Statute in ; And whereas in such case made and provided, I have ascertained that the sum which ought to be paid to the said W. T. for arresting and con, in the {County of veying the said A. B. from )
: i
,

i
I), 'I

i!S,fJ

, and to the said Conmion Gaol is that the reasonable expenses of the said W, T. in returning will , makiuf/ together amount to the further sum of These are therefce to order you, as ; the sum of such Treasurer for the said [County or Unite counties, or as the said case maybe] of , to pay unto the said W. T. the sum of , according to the form of the Statute in such case made and provided, for which payment this Order shall be

*

your sufficient voucher and authority. Given under my Hand, this one thousand eight hundred and ^
Received the hundred and

day of
J. P.

»

day of

,

one thousand

or , of the Treasurer of the {County, * the sum United Counties, or as the case may be) of of , being the amount of the above Order.

W.
244

T.

Justices

JUSTIOBg

01-

TBX PJAOB PBOTBOTIOW

ACT, (o. W.)

JUSTICES OF THE PEACE PROTECTION ACT
(C.

"1

W.)

16

VICT.

1853.

_

}*it\\' Alii

CAP. OLXXX.

[Assented

tOy

14th June, i85S.]

.k

W^i? n^^® n " ?P«^^ent execution of PP®I Canada m
the
ft.

to protect Justices of the their duty

Peace

Be

it

J""^^^^^- - such JusS^ ^^"^ * *°''* ^"^ i" the declara5 don it tLu be expressly ^^^u^ tion It shall alleged that such act was done maliciously and without reasonable and probable car.eTandTf
'^?

sSt 1 Son oLl ^"^ *^^
Z

any Justice of the Peace in Upper Canada for anvact done by him in the execution of his duty as such Justice
against

^wtth

pleaded, the Plaintiff shall fail to be non-smt or a verdict shall
tne reace theVace in a matter '^
or

prove such allegation, he shall be given for the Defendant

m

[''1^''^ ^°* ^^"^ ^y ^ J"«««e of of which by law he has not iurisdiction which he shall have exceeded his jurisdiction;^ any person

ZT'V^^'

made or Warrant issued by such Justice in any such ma«er
and n the

t

the a^ttm^^^^^^^^ av.t complained

able

of was done maliciously and without reason and probable cause: Provided nevertheless, tha? no such

same case as he might have done before the oassW making anf allegation in^isTedaratirtraf

either

urder until after such Coviction or Order shall have been quashed upon appeal or upon application to one of the
ok

wS ip^rf ^ ^r^ u""" appearance such
11

^Zn

be br°orh?r'''" 1^^' ^'^y
l""^

K^'^H

^^"^'^^ "^ '"^^^ ->" ' *^'"S <^<>ne under any such Warrant

SuS

^

^''""*^

of

party,

Order in the same matter, until af er sTch ^^^" «° quashed as a If such I^r' ^r^' '^t^^'^' .f s^h last mentioned Warrant shall not have been followed bv ^7^i«t'0" ^r Order, or if it be a Warran upon an infL'^H information for an alleged indictable offence, nevertheless if a Summons were issued previously to such Warrant! and sucS

by a Conviction or

^y ^"^'^ Justice^to procureTe and which shall have been followed

oSTor

•Summons

XiIOAL

rOBMS AND LAW

UAlTUAIi.

served upon such person, either personally or by leaving the same for him with some person at his hst or most usual place of abode, and he did not appear according to the exigency of such Summons, in such case no such Action shall be maintained against such Justice for any thing done under such

Summons were

Warrant.
III. And be it enacted, That where a Conviction or Order shall be made by one or more Justice or Justices of the Peace, and a Warrant of distress or of commitment shall be granted thereon by some other Justice of the Peace bonA fide and without collusion, no Action shall be brought against the Justice who so granted such Warrant by reason of any defect in such Conviction or OrI'or any want of jurisdiction in the Justice or Justices who the same, but the Action (if any) shall be brought against the Justice or Justices who made such Conviction or Order.

der, or

made

IV. And whereas it would conduce to the advancement of jusand render more effective and certain the performance of the duties of Justices, and give them protection in the performance of the same, if some simple means, not attended with much expense, were devised by which the legality of any act to be done by such Justice might be considered and ac^udged by a Court of competent jurisdiction, and such Justice enabled and directed to perform it without risk or any Action or other proceeding being brought or had against him : Be it therefore enacted, That in all cases where a Justice or Justices of the Peace shall refuse to do any act relating to the duties of his or their Office as such Justice or Justices, it shall be lawful for the party requiring such act to be done to apply to either of the Superior Courts of Common Law in Upper Canada, or to the Judge of the County Court of the County or United Counties in which such Justice or Justice,

m

'

J

may reside, upon an affidavit of the facts, for a rule calling upon such Justice or Justices, and also the party to be affected by such act, to show cause why such act should not be done and if after due service of such rule good cause shall not be shown against it, the said Court may make the same absolute, with or without or upon payment of costs, as to them shall seem meet and the said Justice or Justices upon being served with such rule absolute shall obey the same, and shall do the act required and no action or proceeding whatsoever shall be commenced or prosecuted against such Justice or Justices, for having obeyed such
tices
;

rule and done such act so thereby required as aforesaid.

i

V. And be it enacted. That in all cases where a Warrant of Distress or Warrant of Commitment shall be granted by a Justice of the Peace upon any Conviction or Order which, either before or after the granting of such Warrant, shall have been or
shall be confirmed upon appeal, no Action shall be brought against such Justice who so granted such Warrant, for any thing which 246 may

JUSTICES OF THE PEACE PROTBOTIOK ACT,

T:1''cZ';:Z^^^^
IS

^^^

^-«'

^^y

(o.

W.)

of any defect in

VI. And be it enacted, That in all cases where by this Act it enacted that no action shall be brought under par ticular cil

f

iil'ili

a Judge of the Court in which the same sliall be brought unon application of the Defendant, and upon affidavit of f^ctVS set as.de the proceedings in such Actioi;. with or without costs ' as to him shall seem meet.
lor

h"-'
I

'i

Vir.

And be it enacted. That no
'""^

Action shall be broueht

airain«.t

im£
Vlfl.
shall

Zl o?S Offi.'; ""'®'" !^' ^^"^^^*l'"^ ^°"« ^y biminfhe ^^*'®' ^'r *^® ^^ commenced
?
tO!

"'"' ^^'' '^' ^'' ^°"^P^^'"«^ of shall
it

expect within Six Cat

ha^

been

And be

S;

Mnn5h «^f ""f of such intended Actioi * ^.^'^V'' ^"^'"S have been^a'v delivered to .him, or left for him at his usual place abode, by the party intending to commence such Action Sr by his Attorney or Agent, in which said notice the cause of Action and the Court in which the same is intended to be brought shall be clearly and explicitly stated and upon the back thereof sha be endorsed the name and place of abode of the party so intend mg to sue, and also the name and place of abode or^of bus ness ''-' ""'''' '^• '
;

S LvJr' f

enacted, That no such Action shall be com. y '"^^ ^^'^'''^ of the Peace until one Calendar

tStttryTr
m

Cr
m

^- --^

V

I

mitted or Actions County or Division Courts the Action must be brought in the County or Division within wh ch t he complained of was committed or the

Defendant

S

resides,

and the

^' ^"?^^'^ '° G«"«^^l !««"« therein and totv^^^" special ^}T^ '^' to give any matter of defence, excuse or iustification evidence under such plea, at the trial^f such vuied always, that no Action shall be brought in

m

such Justice shaU and if within Six Days after being served with ^"^'"'^•^°'^°"' ?"^^ •'"^^•^^ or hif Attorne7or ^'""^ \written notice to the Plaintiff in such Action 5i!? he objects k that k' to being sued in such County or Division Court . uV^"^^ °^ ^*'on, no proceedings m such County or Division Court in any afterwards shall be had such Action, but it shaH not be necessary to give another notice of Action in irder to sue ^*^^'' ^ourt Provided secondly, and it is '^ ; h«ri declared ^"^ hereby i and enacted, that the several County Courts in
if

L?K him^^"''f "^^'"'^ ^ J"«*'oe of the done by in the execution of his office

T

Peace

any such for any

aSCoun^ S
:

f.'

thS

object thereto;

W'^h^n

i^in

f

t^H
*,

(J

f

**^

Upper

1

XBQAL T0B1I8 XSJ) LAW MAirVAL.

Upper Canada shall have Jurisdiction and shall hold plea in all Suits or Actions to be brought against Justices of the Peace for any thing done or pretended to be done by them in the execution of their office, when the damages claimed shall not exceed the sum of thirty pounds.
X. And be it enacted, That in every such case after notice of Action shall be so given as aforesaid, and before such Action shall be commenced, such Justice to whom such notice shall be given may tender to the party complaining, or to his Attorney or Agent, such sum of money as iie may think fit as amends for the iiy ury complained of in such notice and after such action shall have been commenced, and at any time before issue joined therein, such Defendant, if he have not made such tender, or in addition to such tender, shall be at liberty to pay into Court such sum of money as he may think fit, and which said tender and payment of money into Court, or either of them, may afterwards be given in evidence by the Defendant at the trial under the General issue aforesaid ; and if the Jury at the trial shall be of opinion that the Plaintiff is not entitled to.klamages beyond the sum so tendered or paid into Court, then thiy shall give a verdict for the Defendant, and the Plaintiff shall not be at libery to elect to be non-suit, and the sum of money, if any, so paid into Court, or so much thereof as shall be sufficient to pay or satisfy the Defendant's costs in that behalf, shall thereupon be paid out of Court to him, and the residue, if any, shall be paid to the Plaintiff; op if, where money is so paid into Court in any such action, the Plaintiff shall elect to accept the same in satisfaction of his damages in the said Action, he may obtain from any Judge of the Court in which such action shall be brought, an order that such money shall be paid out of Court to him and that the Defendant shall pay him his costs to be taxed, and thereupon the said Action shall be determined, and such order shall be a bar to any other Action for the same cause.
;

XI. And be it enacted. That if at the trial of any such Action the Plaintiff shall not prove that such Action was brought within the time hereinbefore limited in that behalf, or that such notice as aforesaid was given one Calendar Month before such action was commenced, or if he shall not prove the cause of Action stated in such notice, or if he shall not prove that such cause of Action arose in the County or place laid as venue in the margin of the declaration, or (when such Plaintiff shall sue in the County or Division Court) within the County or United Counties for which such Court is holden, then and in every such case such Plaintiff shall be non-suit, or the Jury shall give a verdict for the Defendant.
XII.
in

And be

it

enacted, That in
shall

all

cases

where the

Plaintiif
shall

my

such Action

be entitled to recover, and he

248

prove

iij^jii:.

JU8T1CZ8 OP THE PBACB PEOTaOTIOW ACT,

(o.

W.)

T
for

recZr or I/tr ^l'' *^ P^""""^ °^ '^' ^^"^^^'^ he seeks ronTtion'rA^ and shall seek to imprisoned under such Conviction or Order, P'TJ*",?*^^,
to

°'"

recover

damages

anv

«um of sum
guil

^' '^"", ""' n?tor„T ir "'' '"^'^ ^""'"^'^^ ^'^"^'^d to recover fhe amount «''

Cn^ pence
""^

pv

t^yo

as

damages

liable

S?o/tt r^''"'7''';^^u^^" so convicted, or that y of the offence of which he was
by law

«»y ^^'^ beyond the for such imprisonment, or anv be proved tLtSe was ac uSy
P«'^' «'

respect to

he waJ to pay the sum he was so ordered to pay, and f wi?h such imprisonment) that he had undergS no great"

oXed
XIII.

to

p":r

"

»°-P^y"^«"t of the sum he was so

in&

be it enacted, That if the Plaintiff in anv such '''°^''-^ ?.'"^^«'' °'" *he Defendant sharaUow ,t5r.nt^o ^'"^ ^y ^^*'^"'t, such Plaintiff shall b^ o costs in such entitled to Jr-^*'°'i manner as if this Act had not been
''

And

action against a Justice of the Peace for any thing done by him the execution of his Office, the Defendantf if he^obtaJn udgmen upon verdict or otherwise, shall in all cases be enti fed to_h.s full costs in that behalf, to taxed as between

complained of was done maliciously and ^^"^' '^^ P'^'"tiff. if he recover a verSfTT^^'r^'^ verdict for any damages, or if the Defendant allow judgment ^"3 ^\^'^^"''' ^h^" ^' «""*l«d to his fun f of suit, to be taxed as between an Attorney and Client; and in every
P'^*'"*'^"

ttt PnTTfi? ^""i act d^at Court, that the

«'^*^di" the declaration rin^lnV^r^ 1^. ^' the Division Court he P*'-t'°"Iars in
if

oria
;ue in

S Th:?
m

S

Attorney and

£,5feight hundred and°^ J"'y' '" °L*t® ^r^^^y thousand
'

^'««"^°t«^' That faU IffA""* ^1

this

Act

shall

commence and

the year of our Lord one

fifty-three.

sha^lVonltV* ^''^''^f: shal so commence and take

That from and

after the time this Act effect as aforesaid, the followinff

En
oj

i^^u!nlTZ all other Act or Acts or parts of Acts which public duties, and
P'°"^^'r ^^ *^^^ a'^ savetnd sTnluTonhf,^^^""^ ""^ A !^'^ '^P^^^ ^«y other Acts or parts of Acts, TJ^^^ proceedings
'

Sll

^« be repealed in so far as rP^LriT o** ^I"^ J^'^^" '' *^ ^^y «° ™"«b of an Act of hfpa lia^/nt ST-^%*^^5 ^"^ P^«««d '« the session hereof hS?nthff''/''?J"''.?i^^" Jo'irteenth and fifteenth years of Her Majesty's fn/h ?i '^'"''^'^ ^»d consolidate the Laws I '^i-^'*. ^Ji ^^ \^Tstr^''s and others in the performance
=
.

shaTbrdlTrr/'^^'f !",^'*^^"^

l^^^"«t J"«tices of the

Prj

t

except

same or anv'T.?' ame any of them

'^

may

then pending, tS which the * be applicable.

=«»

XVI.
I

J'

m

'

I

t

LXGAL rOBMS AND LAW MAKVAIi.
it enacted, That this Act shall apply for the persons for any thing done in the execution of their Office, in all cases in which, by the provisions of any Act or Acts of Parliament, the several Statutes or parts of Statutes by this Act repealed would have been applicable if this Act had not been passed.

XVI. And be
all

protection of

XVII, And be it enacted, That this Act shall apply to Upper Canada only and that the word " County " in this Act shall
;

include Unions of Counties for judicial purposes.

STEAMBOATS TO CARRY LIFE PRESERVERS.
CAP. CLXVII.
AN ACT TO AMEND THE ACT. INTITULED, AN ACT TO AMEND AN ACT, INTITULED, "AN ACT TO COMPEL VESSELS TO CABBY A LIGHT "DUBINO THE NIOHT.AND TO MAKE SUNDBY PBOVISIONS TOBSOU"LATE THE NAVIGATION OF THE WATEBS OP THIS PBOVINCE."
lAasented
to,

14M

June, 1853.]

amendment INfourteenth andof the
tuled
*'to
:

Act passed

in the session held in the

fifteenth years of

Her
to

Majesty's Reign,

inti-

An Act to amend an Act^ intitukd, " An Act to compel

Vesseb

carry a Light during the night, and

make sundry provisions

" to regulate the Navigation of the Waters of this Province :" Be it enacted, &c., That at least one of the Boats provided for and carried with every Steamboat engaged in the transportation of

and passengers in pursuance of the ninth section of the said Act hereinbefore first cited, shall be a life-boat, made of metal, fire-proof, and in all respects a good, substantial, safe sea-boat, capable of sustaining, inside and outside fifty persons, with life-lines attached to the gunwale at suitable distances, and that all of such boats shall be well furnished with oars and other necessary apparatus, and shall be good, substantial and safe boats, and in good condition at all times for service.
freight
II. And be it enacted, That it shall also be the duty of the Owner and Master of every such Steamboat as aforesaid, to pro-

vide and carry with the said Steamboat upon each and every voyage, a good life-preserver, made of suitable material, or a float well adapted to the purpose, for each and every passenger, ,which life preservers and floats shall always be kept in convenient and accessible places in such Steamboats, and in readiness

250

for

EK8PBCTIK0 WILIS.

J"n«^™ o^iLrZ?'"'

''t'"'

»",'•>""=•' S'««-"boat carrying

jjMh» upper deok, in case of

fira

„?

oKrS/^^etanS

rmi

IV, And be it enacted, That the foregoine provisions shall have force and effect, upon, from and after the first day of Janua ry, one thousand eight ' hundred and fifty-four. and not^sooner
^^r the CoverP^^*^ «^ ^his Act. by an urder Order or OrdiV, in Council, *""m from Orders n time to time to orescribe and regulate the number of Cabin or Steerage or othrpa eLers nor^in

4

f

if

Coundl'lr^'''?'

T

^^f

''

^^^" ^' '*^f"»

f

"' '^^

Steamboat, of class of '^ S 1^ P'ro'jil'e'hhf P'?P°?'°" ^o the dimensions or tonnage, thereof or both, or otherwise thereof, howsoever: Provided alwavs no such order m Council shall have any forcfor untH after 1 shall have been published at least twice,
'^"y

hnthM"
'"" ^"^'^

8^3
eS

n

tS

at

an interva

Lzeue

''''"'^" '^'^ publication/in the

cSa

'^^*t tJ^e same penalty shall be and to the contravention of any of the provisions of this Act. or of any such Order in CounciUs afore jaid as IS contained in and enacted by the sL"dn"nth section of he Act hereinbefore first cited, that is to say. that for eve v con ravention respect of any Steamer

fhJi u® •V®"^°*®'^' the same is hereby attached

^"^

m

in tlH^ Province

ZhZI^^'r'^ »« Council
m«i?
cur

1

thereof of any provision in this Act or in applicable to such Steamer, the
'

on anv

owL

an^
o?

'^

ncy

'"' '^'

''''

'"" o F-^'^'Zal

RESPECTING WILLS.
Every PERgoN, of sound
intellect

and of

H
affe

I!

having th«

7'''''' '^^ Pfoperty is situated, so as to be remain subject to the n.pection of aVvonpfh^. might be "f.K'^?^' any-one that interested to know their import and to «"^\'' '^?"j^ ^f ^^" *hat the testator shoTdin hfs last 'liness, acknowledge in the presence of a Justice of

;sH?•^'="^s.tK.^ci•:!;
whSetWwnnM

1

^^^

the Peace

?!

«

that
I

111
'

Ki. I

li-a

i

n

LIOAL rOBMS AKO LAW MANUAL.
that the Will in question
ation,
ia his deliberate act and flnal determinthat he does, in the presence of said Magistrate, as his last Will and testament. It is very im[)ortant

and

confirm it that Wills should be so written, us to admit of no possible mis. construction They must be, in every respect, according to law, or they will be in a manner, if not wholly, useless. Every last Will and Testament of Real or Personal property, must be executed and attested, in the following manner Tiie testator's name must be subscribed by the testator, at the end of the Will ; accompanied by a seal, executed in the presence of two witnesses. Such subscription must be made by the testator in the presence of each of the attesting witnesses, or by him acknowledged to have been so made to each of the attesting witnesses; at the request of the testator, and in the presence of each other. The testator must declare the instrument so sub. scribed, at the time of acknowledging the same, to be his last Will and Testament. codacil is a supplement to a Will, and must be attested in
: :

A

the

same manner

as the Will.

To Disinherit an Heir

at

Law.

Heir, At law cannoi be disinherited by a will, unless by express terms in the Will, showing such an intention on the part of the testator. It is, therefore, generally requisite to name in the Will every person or family, who would be lawfully entitle to share in the inheritance, il there were no Will. And this may be done by naming such individual or individuals as the testator intends to disinherit, and declaring that he shall give them nothing, assigning the reasons for such decision, or by giving to each of such persons, five or ten shilling, or any other
I

An

nominal small sum. This, however, is a ceremony which
occurrence.

is

not of very frequent

A WILL OF REAL AND PERSONAL ESTATE.
This Instrument, Witnesseth That I, William Stearnley, of the City and District of Montreal, of the Province of Canada, being of sound and disposing mind, memory, and understanding, do make, publish, and declare this to be my last will and testa* ment; hereby revoking and making null and void all former last wills and testaments, and writings in the nature of last wills and testaments by me heretofoi a made. Mv Will is First; that my funeral charges and just debts shall be paid by my executor hereinafter named. The residue of my estate and property which shall not be
:

n

required for the

payment of 252

my just

debts, funeral charges, and
the

iiuik
BI8PICTI50 WIIM.
the

t

expenses attending the execution of

this

mv will

anrl

th^

dred pounds, in cash, to be paid her in four months aHer mv decease, by my executor hereinafter named, to and to to her and lier heirs, executors, and administrators to h«r «n^ ther use and behoof forever, f do also bequeathTo hesld'S' S. S., my beloved wife, the entire, exclusive, and undivided um of my dwe ling-house, situated in Richmond

T^' ' and l''^''''^' ^" "^-^P'- "er of Wit ~I give ""'T' devise to my beloved wife *^°"««^«'^ furniturermy pew in fh'f S? Georges Church, ^"n the St. l^nrSl'rr'^^l' and tlie sum of one thousand five hun"
:^"Xr?o" M lollows, to

W7

We

hS

of Montreal,
or

where I now and durmg her natural

Square

inZchy

reside, to
life,

have and

to hold the

sami

,ng-house are to be equally divided

ter. heremafter named :^I Give and bequeath to my daug'Ue Amelia Stearnlev, the sum of seven hundred and fifty Z,^d' to be paid to her l,y my executor hereinafter named, witC six months after my decease, (or when she becomes of th^ aee of twenty-one years, this proviso is necessary if she or my be xc not of age,) jo „.v. ^su to HoTn4e samehel,^&fn}f to her

then the proc^ds. of said dweT between my son and daueh

decease, to
the

ner ana ^" her and tneir and behoof forever. I Give and bequeath to James Hale, sor of my friend T H«l« of St. Johns C.i.. in token of my friena.bipT him tventv fi.e pounds, to be paid to him by my executor hereSe^ nam^ ed, withm one year after my decease, to have and to hold Tl same to him the said J. H..'his heirs executorsr^Si^i^stio^ a^mmistrators and assigns, to his and their use forever. I Give, devise, and bequeath all the rest and residue of mv estate, real, personal, and mixed, of which I shall be seLed JSd possessed, or to which I shall be entitled at
use,

her heirs executors,

administrators and assigns, to .

and

•it

;l

my

to h.m. and to his heire, executors assigns, to his and their use. and

same

the time of mv only son Harrison Stearnley. to have and to hSS

nominate and appoint
of this

my

my

last will

and testament.

adStJafo^ ^1a behoof for^veTAn^ t^"^ said Son, H. S. to be the sole executor executor,

b. wJl and testainerit, in presence of Lewis RiohanJs and Thorax Henry Jones, who at his request, and in his preseno. «hjcr^d their nanie, as witnesses hereto.

%„,d

Sealed and D«lar,d,

byl"^5 ^TsT

i^^SnceTf
in the County

i^& C™

Lewis Richards,
«r District

),

Thomas H. Jones, \
of

^^^

,,

.

^^


may

,

of
be).

fl

.

(or as the case

Anotheb

:

LEGAL lOBMB AND

hJ^9 JifANVAL.

ANOTHER WILL OP REAL AND PERSONA L
I,

ESTATE.

Wii,LiAMs, of the City of Toronto, in. the County of York, of the Province of Canada, late merchant, of the said years, and being of sound mind and City, of the age of memory, do make, publish and declare, this my last will and

Horace

testament, in

My Will
shall be paid

manner foUovvmg, to Wit That my funeral charges and is:

just

debts

by my executrix hereinafter named. Thfi residue of my estate and property which shall not be required for the pay. mentof my just debts, funeral charges, and the expenses attending the execution of this my will, and the administration of my

estate, I Give, devise,

and dispose thereof

as follows, that

is

to say:

my Wife Adelaide Williams, pounds, currency, to be received and accepted by her in lieu of Dowev ; to my sons, Charles Williams and Horace Williams, Junr., each to receive the sum of pounds, currency ; to my daughter, Sarah Williams, the sum of pounds, currency And to my daughter in-law, Lucy Williams, widow of my eldest son, Oliver Williams, deceased, pounds, currency ; Which said several legacies the sum of or sums of money ; I direct and order to be paid to the said respective legatees, within one year after my decease. Second, I Give and Devise to my sons, Charles and Horace Williams, aforesaid, their heirs and assigns, all that certain paipei or tract of land, situate, lying and being, in the &c., {^.ere give full description of the premises ;) Together with all the hereditaments and appurtenances thereunto be'onging or in any-wise appertaining: To HAVE AND TO HOLD the picmises above described to the said Charles and Horace Williams, theii' heirs and assigns,
First,
I

Give and Bequeath to

ths

sum of

;

forever.

Third, I Give and Devise all the rest residue and remainder my real estate, (here give description ) to my said daughter, 8arah Williams, and my said daugater-m-law, Lucy Williams, to be divided equally between them share and share alike. And lastly, I Give and Bequeath all the rest, residue and remainder, of my personal es^^ate, goods and chattels, of every nature or kind soever, to ny said wife, Adelaide Williams, whom I hereby appoint sole executrix, of this my last will and testa-

of

hereby revoking all former wills by me made. whereof, I have hereunto set my hand and affixed in the yesr of our Lord day of my seal, this one thousand eight hundred an 1 fiftyHoBACE Williams. [Seal]

ment
In

;

WnNEss

,

The above instrument, consisting of one sheet, was, at the date thereof signed, sealed, published and declared, by the said Horace W^iUiarns, as aiid lor his last wiii hud testament, in
254
presence

BESPBCTINO Wilis. presenceof
US.

who, at

his

request and in his oresenrp «n^

J'

'

.

i

>

rfln.«,

CWWn,

.

Ml*?!'!

/o

Wills or Codicils, the necessary ^ oetng Changed.

Words "*

In Witness whereof, I, the said Thomas T>ill ho,r« t^ *i,and testament, contained on ^^'^^^^ two .w'.- °^ P^P^^» ««*! at the close of every sheet thpr^Torlf u®*^ ^"'^ ^^^'' ^^is seventeenth day of June fn the vir .f V°^.
last will

7

^

eighi

hundred

a^nd

fifty-fC

^

^

°"' ^^''^ ^"^ ^^'^"^^"d

have,

Or thus:--lK TBSTXM0.V whekeok. to ths mv last wil! nr,^ tZl

I,

tleTaid Th^om ^""m] i nomas Dill .

sheet I

have subscribed
T„

my name

Orthnc!.

T
to'

' and af^xed my seal, &c Thomas DilL [S-fan
-^^^^^

haS
seal,

?J thrm^%rsrwZn^^ of paper, subscribed my
to

^^-^ I>"
t^^^
'•

^"'^'"^ on th?s' ^"'^ ^" "^y presence, and by ' my dirertinn tul •Ar u said four sheets are now annexed together and IdeciT'f^^^ contents to be my last will ^ *''"'" and testament, &c?
the fourth sheet
Attestations of Wills.

my signature

naiTeTch Vf ^^^^

111

cZTJ^pT"''^^'

-'/^^"S ^'

'

i» the

CounroT

J.™e,_deolari„« .he foregoing

i^t^^e^.Tbe'' hL\^l
in thp
. i,!

tlf^S
'

Wv,„ oTM«,,.re.,di„g

WB.ow», residing af
at

William Tompkins, residing at
,

rnnnH. ^r

Se'c'o^nT'r'

in ,ho

Coum; of

]

LEQAIi

TOBHS AlfP LA.W
to,

^fAKUAIi.

A
I,

Codicil

Annexed
Dill,

or Endoraed on the

Back of a Witt.
which

Thomas

named

as the testator in the Will to

annexed, (or within contained,) do hereby make this present codicil, which I do order and direct, shall be taken as a part of my annexed (or within) last will and testament, and which Will, I, in all respects, excepting wherein it is altered or
this is

changed by this codicil, do hereby republish and confirm. I Give and bequeath to my grandson, Oliver Jones, the child of my daughter, Eveline B., who inter-raarried with James Bond, the
Dill, since my making my last and testament, has died, leaving a widow and five children, (two boys and three girls) the boys named as follows Alonzo the girls named, Mary Dill, Sarah D., and Dill, and Henry Dill Helen D., I do hereby (here insert all the changes, revocations, or additions, which the testator may wish tomtike.) In Testimony whereof, &c

pounds. sum of And whereas, my son, Horatio
will
;

:

;

OATH TO BE TAKEN, WHEN APPOINTED TO ANY
PUBLIC OFFICE IN THIS PROVINCE.
OATH.
|jS|i

David Henderson, do sincerely promise and swear, that I will be faithful and bear true allegiance to Hek Most Gracious Majesty Queen Victoria, our reigning Sovereign of the United Kingdom of Great Britain and Ireland, and of this Province dependent on and belonging to the said Kin^om ; and that I will defend Her to the utmost of my power against all traitorous conspiracles or attempts whatsoever which shall be made against Her Person, Crown and Dignity and that I will do my utmost endeavor to disclose and make known to Her Majesty, Her Heirs and Successors, all treasons and traitorous conspiracies and attempts which I shall know to be niade against Her or any of them and all this I do swear without any equivocation, mental evasion or secret reservation, and renouncing all pardons and dispensations fiom any person or power whatsoever to the conI,
; ;

trary.

So help me God.

866

^arliauicniav^

gels of Caiinba.

BMKS AND

BANKING.

CAP. SXI,
AS ACT 10 ESTilllsH PEEEDOII op uivi.-tvr.

ro.

oTH«

tK,

™„

P..POS.S

.r.n5"itAl4s ArB.r,S"'
[Assented to
lOtJi

'"'

i

,

August, 1S50.]

WHEREAS
general

It IS

lavv, for

dom of Banking

m

effectively protect the holders of provide, as far as be

expedient to provide, by one Proamblo the establishment of freethis Province, under such reXtions
the Notes of practicable, for the

~

may

sSy

Cks

as shall

InJ sS of^l those

X^^^^^^^ by and with the advice and consent of thl '"^.°^ '^' LegislativTlssembfy oT^^^^^^^^^ dnffnfr ""11^^ constituted and^ssembled by virtue of ami under the authority of an Act passed in the Parliament of ^Hp
lent
'I

TS^r^: ^^ Exce Majesty,
i

*^-"- enlL'by't

Z

^'T^

tl£t Mes
the
01

""^ ^^' Circulation of ^"n^'""^' of Private Bankers, and the Act of the

fT'

gfJ

f:

c. 2 v.

l-mic against injury from Private Banks, and all **'•"• '"'^'^'^^'ipt.ner Acts, Ordinances, or proinsions of law in for.p either '» upper or Lower Canada, inconsistent with' the^p^rovSons

ine Keign ot His late onK"el„Vffi",?^\f^> P^^^^^ - ^'^'--^nth year Majesty K ns William he Fourth, and intituled. Ai Aa to IroiectZ Actu.c.rw.

m

of

13

&

U Vict.

BANES SKD BSSKlSa.

Cap. 21, 1850.

of this Act, shall be and are hereby repealed, except only as regards any penalty incurred under either of them before this Act shall come into effect, with regard to which they shall remain in
full
oiily

force.

wiiat partios

and

issue

may make Bank

H.
^ lor

And be it enacted, That it shall not be lawful ^l any persou or association ot persons, body cor•

<>

i

Notcs.

porate or politic, or party whatsoever, except only

Banks now incorporated by Royal Charter or by Act of the Legislature of this Province or of Lower Canada or of Upper Canada, and thereunto expressly authorized, or such as shall be
thereunto authorized under the provisions of this Act, to make, draw, indorse, guarantee, or become parties to (any of which Acts shall be making and issuing within the meaning What shall be of this Act,) any Bill, J\ote, Bon, Check, or promise Bank Notes. j^ writing or undertaking, for the payment of money or securities for money, or other evidence of debt of any description or form, in the nature of a Bank Note or Bank BiJi, or intended to pass as money, (and such intention shall be presumed in any case, if the same be made for the payment of any sum less than five pounds, and be payable either in form or in fact to the bearer thereof or on demand, or at less than thirty days thereafter, or be overdue, or be in any way calculated or intended for circulation, or as a substitute for money,) all which shall be Bank Notes within the meaning of this Act, and those with regard to which the provisions of this Act shall be contravened, shall be *' unlawful Bank Notes " within the meaning of this Act, and the word " Notes,'* when hereinafter used, shall msan Bank Notes, unless such meaning be inconsistent with the contcxt Provided that any Check upon any Provisos as to iCihecks. Chartered or other Bank which may legally issue Bank Notes, paid by the maker thereof directly to his immediate creditor, shall not be deemed a Bank Note, if it be not intended ^° P*^^ ^^ circulate as such Provided always, thai Proviw as to nothing in this Scction contained shall extend to certain Bills and ^°^' any Promissory Note, Bill of Exchange, Check, Note, Bon, or other undertaking for the payment of money paid or delivered by the maker thereof to his immediate creditor, and ^^^ intended to pass into circulation as money: Provisoto certain Banka or Provided also, that this Section shall not, during oompanios. twclvc mouths next after the passing thereof, Apply to any Banks or Company not hereinbefore excepted and authorized by Legislative enactment to issue Bank Notes. Ill' And be it enacted. That every Bank Note „ „ ^ „ . . IXo Bank Note to i a1_ n j l J be for less than issucd in this Provincc, and being for a less sum **• Shillings, or made payable otherwise than Five than on demand in current coin of this Province, and at some certain place within this Province, shall be an unlawful Bank Note, althous'h issued bv a oartv authorized to issue Bank Notes.
issue, sign,
; :
.
• • •

i

,'t-

258

IV.

13

&

U Vict.

BAJTKS

Am> BASTKINO.

Cap. 21, I860.

a penalty of One Hundred Pounds, to be re' covered with costs by action in any Court having C vH Jurisdic tiontothe amount, by any party who will sue for the same as we for himself as for the Queen ; and one moietv of such Bha^l belong to the party suing, and the other half to Her "^' '''^J^'*^* V. And be It enacted. That no Bank

IV. And be it enacted, That for each and evprv anaCVery r, .^ for isTO. Penalty ilawfiil Rank TV..f^ ^.^L „- •_ unlawful Bank Note made or issued, -" "* ioaucu, circulated or yig or circulating, uixuiuaiea * .' nooco/i rtf tii-ta,^^* —1 i- i_ . *c., unlawful passed, or attempted to be circulated or passed BaikFo^ contravention of this Act, the party issuing, circulating or passing, or attempting to circulate or pas! the same shall incur

..

.

,

m

Stv

ZaUv

incor-

country out of Her Majesty's Dominions shall "'thoFroWn^ open or keep any office or place of discount or deposit or for the issue, circulation, or redemption of its Bank Notefw thin th°S Province under a penalty of One Hundred Pounds for each dav oa which such office or place shall be opened or kept open to be recovered and applied in the same manner as the penalties im^ penaiues imposed by the next preceding Section.

ml
IS'
f

Ant

n
p.

^ mortgage, hypothec, deed, bond, note, bill, or other security, promise or undertaking, which shall be taken or mven cither directly or indirectly, mediately or immediatdy! for ing any loan or advance made either whollv or in rSr « .fni ful Bank Notes, shall be absolutely
;

That all unlawful Bank vT'' "};"?. be absolutely Notes shall i^ "V^"^^^^?' null and void and any

SSWRd. ^

,,

sS

anyreceiptordischarge given for any sum of mo^y any part of such sum shafl have been paid in
VII.

nXKd^

if the

is shalUlI' whole fr

enacted, That the business of for the purposes of this Act. mean n^^or^Ban^Sg the makmg and issumgof Bank Notes, the dealing in ?{!f ^ ^*'''? gold and silver bullion and exchange. discouSg ^^^^"^ of promissory notes, bills and negotiable securities, and such other U-^eas belongs legitimately to the Business of BanSngrbSf any Company or party who may lawfully exercise the bu« neS of Banking under this Act, shall also have power to take and hold any property which shall have been bonAnde mort^l^ed hypothecated, or pledged to such Company or parly
It

And be
shall

unlaid Ban^Notel

Banking

r
r

i%4

TseS

^""^ ""^"^ ^"y W''^*' Order, or Process of Court nf/' of Law or^i^ Eqmty, and bought at such sale by the '"^ *° '"?" ""' ^^^^'•^^^^ -"«»ate or dispose Tl^' "• ^^"^'.^ ^' aforesaid, no such Company or party ' 111 rlP^nn l ""' ^"^^^""^ of goods, wares, or mer^ chandt!^ or h?'"^' ''"f?'

Z ^y

^TZ7
«

^' ^"^ ^«^«r Bank in this mnk "'in th^« Act shall mean *'"^/ ncluae i!" and any Company or party carrying on the

T^^t

-^

'

^"'l ^^^

word

word-p^nv.

wiSTihl ^ontext'"^'

business of ^^o^.^"* ^"'' ""^''' '"'^ '"^^"^"S ^' inconsistent
VIII.

^''

:

:

:

:

13

&

14 Tict.

BANKS

A.KD BA>'EII<'a.

Cap. 21, 1850.

VIII. And be it enacted, That any individual or co-partnership of individuals mi'y carry on the lish Banks. business of Banking in this Province at some one place, being a City, Town, or Village therein, provided the requirements of this Act be complied with, but not otherwise such co-partnership being general and the individual partners being jointly and severally liable as such, and bound by the laws of and any this Province then in force touching co-partnerships such individual or co-partnership shall be included by the expression " individual Banker," whenever it occurs in this Act. IX. And be it enacted, That it shall be lawful Joint stock Com^^^ ^^Y number of persons, not less than five, to FomcVfo^Bankassociate themselves together as a Joint Stock Bank, to be conducted at some one place, and no more, in Upper Canada, or at some one place in Lower Canada, such place being, ^" ®^*^^^ °^^®' ^^"^® ^^^^' T^^vn, or Village and Articles of agree. meut to bo made when such pcrsons shall have executed articles and filed. ^^ agreement in notarial form, if such place be in Lower Canada, and in duplicate under their hands and seals if the same be in Upper Canada, and shewing, in either case "^^^ name under which the Bank is to be convnmt such articics must siiow. ducted, which shall be the corporate name of the
Iiidiritlunls or

geiiornl i)nrtnor-

ships

may

estab

;

;

•-"?-'•

;

Company The place at which the Bank is to be conducted as aforesaid The whole Capital Stock of the Company, which shall not be
less

than Twenty-five Thousand Pounds of shares into which it is divided, which shall not be so great as to make each share less than Ten Pounds The name and residence of every Shareholder, and the number of shares held by him

The number

The period minate—
Furtlior provisions may be inserttd in articles.

at

which the Company

is

to

commence and

ter-

containing such other provision and clauses be agreed upon, with regard to the management of the affairs of the Company, the election or appointment of the Directors, Cashier, or other Managers and Officers, their powers, and their terms of office, the transfer of shares, the division of the profits, the calling in of instalments on the stock, the increasing of the stock by the admission of new shareholders or otherwise, the making of By-laws and the purposes for which they may be made and the penalties they may impose, the manner in which the affairs of the Company shall be settled, and its property disposed of and distributed when the Association shall terminate, and generally as to the management of the business of the Company and the rights of the Shareholders 8,8 between themselves ; and when a duplicate or wniere the same shall be filed. notarial copy (as the case may be) of such articles of asrreement shall have been filed in Lower Canada^ in the office '
as

And

may

260

of

13

&

14 Vict.

BANKS AND BAXKI!TO.

Cap. 21, 1850.

of the Prothonotary of the Superior Court for the District, the Registry Office for the County in which the place of
shall be, or in

and of

ulhLs

Upper Canada in the office of the (1,^ nf°ti;rr^ Cleik of the County Court for the County in which the place of business of he Company shall be. and shall have been rUm-ded or registered at length in such offices respectively, then the said articles of agreement and the By-laws to be lav/-'
fully

maue

m pursuance thereof, shall be
all

valid

that in so much of sucn articles or By-laws as shall be contrary to the laws of the Province as modified by this Act. shall be void; and the said articles shall not thereafter be altered, except only a u 111 such manner as sliall be therein expressly same."""™^"''^ provided and no such alteration .hall prejudice the rights of any creditor of the Company accrued before such alteration, nor shall any such aheration or any By-law made under such articles be of any force unless nor until the same shall he made and filed registered or recorded, in the manner herein provided with regard' '^ to the articles themselves. X. And be it enacted, That from and after the commnv - ... " niing, registering or recording of any such articles boay'^}' :.;tt of agreement as aforesaid, the parties thereto shall be a body corporate by the name therein mentioned and taken by th-m and shall have all such rights and powers as are by law vested m Lorporations generally, and are not inconsistent with the provisions of this Act, and also the power of carrying on the bu^iness^ of Banking, and such other powers as are hereby vested lii sucn Company and in parties authorized to carry on the business of Banking, but subject always to the provisions herein made irovided always, that the Shareholders in any

and upon those who shall (by transfer of shares or otherwise) thereafter becona Shareholders and upon all others concerned, except only

binding

upon

and

ill

bi'ii'iudhli"'''*

parties thereto,

<

,

.

c

ij!;

Mia-

such

Company

shall

be

liable for the

debts of

tlie

sum equal to the be sufficient to the said Receiver to pay off all the liabilities of the Association, and such sum may be recovered by the Receiver either from the actual holder of any share, or from any party who shall nave held such share within one year next before the appointment of such Receiver, saving the recourse of such prior Shareaolder against those who may have held the same shares after i:im, provided that the liability of the Shareholders may be made greater by the Articles of ^''°'''"'' agreement, but shall never be less than herein provided.
amomit
a
of

tne Receiver hereinaiter mentioned, not only the unpaid instahnent on his shares, but also

^""^'•'^''• their respectand no more, that is to say, each Shareholder may, in case of the insolvency of the Company, be compelled to pay to

torporation to the

amount of twice

S^SL^S^
1

ive shares,

Sf

amount

of

any

.

.Jyl

his shares,

or such less

sum

as

may

equable

I

f

'

FT

^^^

'

XI.

%
i
'ii1

18

&

14 Vict.
XI.

BAITKS

Am) BANKIXa.
it

Cap. 21, 1850.

under the provisions hereinbefore made, in the course of its dealings in the business of Banking, it may also purchase and permanently hold such other real estate as may be necessary for the convenient carrying on of its lawful business at the place where the same is to be conducted, and may from time depart with the same and acquire other real property in its stead at the said place, so as the total value of such property do not at any time exceed the sum of Value limitedTwelve Thousand Five Hundred Pounds. Company, &o., XII. And be it enacted, That any Joint Stock dissolvea if not qualified within a Company formed under this Act, which shall not certain time. within twelve months from the filing of the instrument, certificate or articles aforesaid, become qualified to make and issue Bank Notes shall be ipso facto dissolved, saving the remedy of any of the parties concerned for breach of contract by any other of such parties. XIII. And be it cnactcd. That no individual Provincial securisary to their business.

Banks may hold pcrmsnontly umda, &c. nccna-

And be

real property as

enacted, That in addition to such any Joint Stock Bank may acquire

edb^ore thS***"' Bank shall commence business.

Banker

shall make or issue Bank Notes, and no Joint Stock Association shall commence the busi-

^^^^ ^^ Banking until they shall have respectively deposited in the hands of the Receiver General, for the purposes of this Act, Debentures or other securities issued To what amount. ^y, or the payment of the principal and interest whereof is guaranteed by the Government of this Province, under the authority of the Legislature thereof, and bearing interest at the rate of six per centum per annum (or if bearing a less rate of interest, then to proportionably greater amounts) to amounts not less than those hereinafter mentioned, that is to say Any Joint Stock Association, the amount of not less than

Twenty-five Thousand Pounds The value of the said Debentures or securities Valuoofsecurities tobutakenat^ar. being reckoned at par, and the same being held by the Receiver General in pledge for the due redemption of the Bank Notes of the Bank by which they are deposited, and the interest thereon being paid over to such Bank as the same shall accrue, except as hereinafter provided. XIV. And be it enacted. That whenever any InspcctorGeneral to deliver regisBank shall have so deposited the required amount tered notes to an amount equal to of public securities, the Inspector General shall, on that deposited which, being the application of such Banks, cause Bank Notes signed, Ac, shall to an amount not exceeding that so deposited, and become notes of the Bank. for such sums respectively not less than Five Shillings, as the Bank shall require, to be struck upon paper tu be selected by him and from plates to be furnished by and at the expense of the Bank, but to be approved and kept by liim, and after such Notes are numbered and registered and counter-

262

signed

Cf^Alt

13

A

14

Vict.

BAKES

AITD BANKIKO.

Cap. 21, 1850.

Notes and ^^^" P^y ^"^^ Notes in specie on demand, be receivable in payment of duties and of all sums duo to the Irovincial Government: Provided always ^'^'• that all such Bank Notes shall be made payable to bearer on demand at the Office of the Bank, and not elsewhere, and shall be marked on the face thereof as being secured by deposit of Provincial securities. XV. And be it enacted, That it shall be lawful Sociiritios may bt ilcpositcd from for any such Bank, from time to time to deposit a tiiru! to time, and further amount of such Debentures or Securities also witlidrawn,
:

him or the Officer or Clerk whom he shall authorize to perform that duty, he shall deliver the same to the Bank, and after being signed by the proper Officer or Officers of the Bank, they shall be and may be issued and circulated as its
Signed by

T shall I ^n they

u

-^

Pounds, and so na the total amount deposited by any Joint Stock Association shall not exceed the capital thereof) and from time to time to withdraw the same from deposit, on the certificate of the Inspector General that a like amount of the Notes of such Bank hath been returned to him, so as the amount withdrawn at any one time shall not be less than Five Thousand Pounds, and so as the sum remaining deposited shall never be less than that required to be deposited before the Bank could commence the business of banking, unless when the Bank is to be closed as hereinafter providedProvided always that the amount deposited or ^""^ withdrawn at any one time, shall always be a certain number of Hundreds of Pounds. XVI And be it enacted. That Bank Notes
returned to the Inspector General as herein ••'turnodto provided shall be marked as cancelled in a con- Gett"" spicuous manner by the Bank returning the same, but shall not be so marked or mutilated as to prevent the identification thereof by the Inspector General, by whom they shall be kept during
Asto Bank Note,

as aforesaid (so as the amount deposited at any one time shall not be less than Five Thousand

on certain

conditions. "•

One Hundred Pounds. XVII. And be it enacted. That if any such Bank Note shall not be paid in specie on demand at the
than
Office of the

one be destroyed; nor shall any such bank Notes be re-issued by him, but if the Bank shall afterwards apply lor more, those issued on such application shall be new Wotes ; and new Notes may be issued by him at any time in exchange for worn out and disfigured Notes returned to him the amount presented for exchange at any one time
year, after

which they

shall

I

..'.

not being'less

«nKi
p,.„

..

.,

proper Bank, it may be protested for nil"iJ:%ede non-payment, and a copy of the Note and protest forwarded to the Inspector General, who shall thereupon by letter to be delivered at the Office of the Bank by some person who shall before a Justice of the Peace make ^"^'"^ ^"^ «^^-

2^3

affidavit
If
»>

,^

13

&

14 Vict.

DANES AKD BANKIXO.

Cap. 21, 1S30.

tlio Bank to pay the ^^ "^^ pa^^ (^^'i'l* co.sts of piotest and postage and interest, at the rate of six per cent per annum, from the date of the protest,) witliin ten days after the delivering of such requsition, then the Inspc«tor General, unless he be satisfied that the Bank has a legal defence, shall close the Bank, by giving notice in the Government Gazette, which notice shall continue to be inserted during three consecutive weeks that the same is closed, and that he wdl redeem its notes cut of the funds in his hands so
cio.hig the Bank.

affidavit of

the delivery thereof, require
^^^^^>
^"'^^ '^ ^^

same again

same will suffice, and that a Receiver (naming him) has been appointed for settling the affairs of the Bank, in whom all its property and credits are vested, and to whom all moneys due to the Bank must thereafter be paid on pain of paying
far as the
the

made

to him, and that no contract, act or thing thereafter or done by the Bank will be valid or binding upon it and
;

such Receiver shall be appointed by letter from the Secretary of the Province by command of the powera in Lkhig Governor, and by such appointment the money, fropnt" of the" 'iiank.kc. property, efiects and securities, claims and credits of the Bank shall be transferred to and vested in such Receiver and shall be delivered over to him by the bank with all the books', pa[)ers, accounts and documents relating to the business and affairs of the Bank, and he shall have full power and authority in the name of the Bank to receive, recover or enforce .nil moneys, property, rights, claims and demands whicli the Bank might otherwise have received, recovered or enforced, and to bring or continue, complete, defend, compromise, discontinue, or otherwise deal with any suit, action or proceeding at law or in equity, as the Bank might hnve done, and shall be considered as being ipso facto substituted for the Bank ; and any Banker or any Partner, Associate or Shareholder in the Bank, or any Director, Manager, Officer or Servant of such Banker or Bank, or other person who shall have been entrusted with the same, without having any legal title to or lien thereupon, who shall have any money, property, securities, books, accounts, papers, or documents of the Bank in his possession or under his controul,
Ktwivcrtobo

and shall not forthwith deliver the same to the said Receiver on demand, shall be held to have fraudulently embezzled the same, and shall be punishable accordingly, and the Receiver may recover po.ssession of the same by any means by which any
party

may

recover possession of his property fradulently emshall

bezzled,

and any other party who
'

be proceeeed against for the recovery thereof in the usual ^^^^^^ ^^ ^^""^ ^^'^ ^^ ^^^^^ ^'^ the duty of the said fcttiShoakirs ofthoBauk. Receiver to examine into and settle the affairs of the Bank, and to report thereon from time to time fully to the Inspector General, who shall cause the public securities deposited
'

may

have possession

thereof

"^^

as

'

1

13

&

14 Vict.

BAJTKS

AND DANKnTO.

Cnp. 21, 1850.

by tho Bank, to be sold at bucIi time fiornrltlcs to btand in such manner as he shall think most to tTe HOltl. -'^'advanta™ o the Crc(h>nrci of tu^ u^^i " '' '''"^ "" '"Merest thereon shall be paid to tlm^ZS!^^ IV
i
,

as aforesaid

and

.h\''£i%^rgr„i:f:LS%tv:=/K

e!:'.".ii&'
ifl
i1

" ''>'''''.'^'' "'"' tho other Assets of the un lie, and hv fh. I! by the Keceiver ai>pointcd as aforesaid first to h^ redemption of its Hank NWi\nd ? tli^,. f„ .i .

Kcand

thereof; and as' s^n a, i^^ have been sold the said "Ree^etveTsM,

other liabilities

the

payment

o(

? the

gi™ttic:"i'f'ret

ed
,

and he

shall give ibe

I'.oMer

any Bank'

N^e'lSfn
.;'

:e^ff:o*^Ky';?^,Sf,r:lot^)S
'

u
'ef.

same shall be distributed

oth
Ban

,1"'
i,

PI

X

^r°

*='.".?'''™

fiTl

*i'S«i" other cred tSs same, aeeonling SSSS""" P""''!?"'!,^"'! rights and all elaiins upon the
tlie
,

amo„s the

best

advantage

all the

properly real ' and peiSinal
'""''" """
J'""''

SS

,t?''°*
i^

4

.

of he

bU

am

«hiln ""r"-;;
;

«™ the dosing
months
!i;l

no

ore tlvm n,e
aiids, .be

f

"'".t m.e not les. than six

.3

expenses ineurre.l and'he
,-'':""'^

Zs

,

aS

S'ftS„.

W,

-l-'.Ti

-',;

,-^

«>° ™ni remainino- in his ban, ;,rr ff""" -f hamt, a Id the unpaid liabilities of the Bank, so far as kno vn to
'^'»"'''

mm
.J*

--i^i

o,.inion,

l„e_s.,K!

rcmaimng sum ought

to

be distributed

among

I

;

*.'s|

18

&

14i

Vict.

SAVES AND DANEI50.

Cap. 21, 1850.

the unsatisfied creditors of the Bank according to their respective rights and ho shtill file such fchedulo >n the ofHce of the Circuit or County Court of the u^un?y opcfAit Ju'iK". Circuit or County in which the business of the Banlt shall have been conducted, and shall apply to the Judge or to one of the Judges of the Court to appoint a day, (not being more than twenty nor loss than ten days after such application) when the said statement will be taken into consideration and notice of such day and of the purpose thereof shall bo given by the Receiver in such two newspapers, at such intervals, and during such time as the Judge shall apnoint, and the said schedule shall lie open to the inspection of all parties interested at the office of the said Court and at the Bank during office hours until the day SO appointed; and until v^ithin ten clear Objoctions may beuied. jjjyg ^f ^j^g gj^j^j jg^y^ ^jjy pftrtv who shall, before the date of the said schedule, have filed his claim with the Receiver, may file in the oflice of the said court, and serve upon the Receiver a notice of any objection he may have to make to the said statement or to any part thereof, stating clearly and succinctly in ordinary language, words and figures, the reasons of such objections and the evidence (if any) which he proposes objootions to bo to adducc in support thereof and on the day so appointed or any day or days to which he may mi^ned'upon"''''^' adjourn the matter, the said Judge or any other who may sit in the said Court shall in a summary manner hear the parties objecting and the Receiver, and determine upon the merits of the objections, and confirm or amend the said schedule in such manner as he may deem most consistent with the rights of the parties Appeal given. respectively and during the six clear juridical days next after the said schedule shall have been so confirmed or amended, any of the parties interested may, if the amount to which he is interested be sufficient, give the security required by law on appeals from the said Court, and may then appeal from the decision of the Judge as to the whole or any item of the said schedule as confirmed and amended, to the Superior Court in Lower Canada, or to the Court of Queen's Bench or Common Pleas in Upper Canada, (as the case may be) in the manner by law provided with regard to appeals from other decisi'^n of the Court appealed from, and the decision of the Court so ap[j( aled to shall be final, whatever be the amount in question ; h i' v, i„i, such appeal, the Receiver may pay to the parties nicuuuiied in the said schedule respectively, so much of the sums therein allotted to them as cannot be afl^ected by any such decision in As to Cos* appeal ; and the costs or any portion thereof, may in the discretion of the Judge or Court, be awarded against any party or oi it: jd to be paid by the the Receiver out of any other money ii, ; ,ay t1 ,en or thereafter have in his hands, or deducted pro r .:a fxor.i the sums to be paid to the claimants or any of
To
im<

among

niod for

;

;

;

;

!,

206

them,

.

18

A

U Vict.

BAinrs Aim bakktko.

Cap. 21, 1850.

>(inll

them a. justice and tho circumstanrrs of the case and hkeprocec,l.n«s shall bo had and with like effect whenever the Receiver shall have li.rther monevs in his hands requirinc diHtrlbutlnn hntZ «''Hiriouuon but
Un
nin/i

may

require 1^,3' -'-"'''"

"'«nths from tho filine u? next of that I ; procedmj? it. nor for the distribution of a less sum than Two Thousand Five Hundred Pounds, unless U be th^
''"•«<^'

5

«

»

1

»"'""H

;

"'i 'T^i no such schedule

*"

^T

'"^'"^'*' '''^"

S
u

enacted, That it shall always be lawful for the Receiver, if he shall deem U
it

XIX. And be

^Z::^.
to invest

t,

.

any Assets^, the 4han ihreo monti-. montn.

Bank, ^^^''r^ri^^^ -«.^'^B^^i;^:;;i^^;;:^-^ ZZ::l
of the

make

m his hands, in
...

interest thereon.
it

Provincial securities, so as to

XX. Aiui be
Hppointed

enacted, That every Rpppivor
this

under

Act

shall

obey such

^"'* ^'P'^-'*' '" ""y ^'^"'^ «>• Banks, or with an? Sfhl^ officer, of public nffi''^'"f any moneys in his hands as ReceiUr until the iame shall be required to be used for the purpose oHhis Act And every such Receiver shall give

ZVTt ^' '

"S

^^^'
*

p^.,

'^^^\

T'^' ^•'O'" the Inspector GeneSTJuSin.
security to

Her

Ma iestv

for

his

lM7?°"n*'"^ hands

L sljTef

to any person lawiully entitled to receive the same, any such mone?s^ opey or effects, shall be held to have f. embezzled thrsame b ing the property of Her Majesty, and possession the eof may be recovered by his successor, and he. or his representatives mav be dealt with accordingly, without prejudice to any remedy d" ^'^ ^^°^« '' -y'thir party aga^st 1:11^^ ' '^

may continue and complete any suit, proceegin' which the former Receiver shall have begun and maf demand fi-om such forrner Receiver all the moneys.Cnerty^S effects m his hands, and any Receiver, or his personal reSntatives failing o pay or deliver over to his successor
or matter

same in such sum, manner and form as the Governor shall and uch security shall avail and may be enforced according to Z, tenor thereof: and the allowance to be to him f hall^ fixed by the Governor in Council, but any permanen?^ officer of ^e Government may be appointed a Receiver, and the same ^' '""'^ ""''^ ''^^'^ to more thanone Bank and he may have Assistants and Clerks under him and p «iy such Receiver shall be removable by the ^m:^:^t!^ t-overnor at pleasure, and his successor appointed in case of his death or removal, shall be substituted for him in

^."^ JP^y"^^"t of all^noneys to all persons lawfully entitled to receive the
^°^'

coSrUo

^7
',

M

11
:

Err T^ T

and powers and

aVh

s

rth

s

If. ,«'i
:

o?

1
n

^H m

J^'/H
^'^H

p
^

XXI And be it enacted, That the engagement and salary of every clerk or officer of a B^ank SiaH terminate on the closing thereof, but any of them "" '
267

'^1

o,K»n£'
l^"^^' "^ may
t
1

r

1

1

wwt J'^H
ii

13

&

14 Yict.

BANKS AXD BAyEING.

Cap. 21, ISoO.

be employed by the Receiver with the consent of the Inspector General to assist him in his duty: and during three months after the closing of any Bank, the office of the Receiver shall be kept in the office of tha Bank, but after that time it tnay be kept in bach other place as he may appoint with the approval of the Governor. XXII. And bc .t enacted, That any suoh Bank Nonsatisfnetionof
l-c closed, a Receiver appointed and other procecthngs had as provided in the pc^cedmg sections, if any judgment against such Bank shall remain unsatisfied for more than three montlis aiter the rendering thereof, no appeal from such judgment being then pending. XXIII. And be it enacted, That whenever eithef procccdhiss in ''^" ^^ ^^^^ lapse of lime or by the voluntary act of the S%hntaHiy c!osi'd. individual Banker or by agreement among the partners, or associates, or Shareholders in accordance witli their articles of agreement, it is intended that any Bank shall be closed, then after nine-tenths of all the Bank Notes of such Bank shall have been redeemed and returned to the Inspector General, the Bank shall give public notice in such manner and during such time as the Inspector General shall appoint, that its Bank Notes are called in and are to be presented at the office of the Bank for payment on or before a day to be named in the notice, and not being more than one year nor less than six months t'rorn the date thereof, and that if not so presented they will after the said day cease to be secured by the deposit of iVovincial securities and after the said day, the Inspector General, upon the delivery to him of all that .shall have been so presented, and upon security being given by recognizance to his satisfaction that all sucii of those then outstanding as shall within two years from tile giving of such security be presented for payment at some certain place to be named in the recognizance and being within the limits of the City, Town or Village where the business of the Bank was conducted, will be then and there redeemed in current money, may issue his Certiucate to the Receiver General for the delivery to the Bank of the remaining one-tenth of the Provincial securities deposited in his hands and the holder of any Bank Note so presented as provided in such recognizance, nnd not paid, may recover the amount thereof with interest from the date of presentation and costs, from the cognizors, by action on such recognizance. XXIV. And be it enacted, That every Bank L-.st of all the liai'tni'i'i, (ie. to formed under this Act, shall, whether the partners, Ijd kypt t'liustaiitassociates or shareholders therein be oi- be not ly oxposuJ ill the Bank. jointly and severally liable, keep constandy and conspicuously exposed and accessible to the public in the office of the Bank, a correct list of all the partners, associates or shareiiolJers therein, with their vlaces of residence, and if the liability '

may

judi-m.Mtstniica
a Bai.k.

may

'

'

;

;

ai
r

2G8

of

13

&

14 Yict.

BAKES AND BAXEIXG.
limited,

Cap, 21, 1S50.

such list shall also shew the amount of the mabuity of each, and the Bank shaTh. suclTcnse also keep m Its office open for public inspection copLrof their articles of agreement and of the instrument filed ^ as hereinbefore required, and every such Bank ffi*'''^'^^' shal on the payment of the sum of ivenpence half-pennv deli to any person applying for the same a copy of such It .nd of such articles or mstrument (if any there be) signed and cert^ fied as correct by some partner, associate, officer or nersnn thli unto authorized by the Bank and stated so to be^aS "' copy shall on proof of the signature thereto

of all or

any of them be

i
1

7

*"

..

another

^h%«'g"«'' ^^« authorized as aforesaid, and of the contents; and for contravention of this section on any day the Bank contravening the same shall iucm a nenklrv of one hundred pounds, the repetition of the cintiavenS
.t'll't' the truth ot
t?'

be^m"^ /Li

aTyS

-fii

kept at the plaJe where the business of the Bank is ""^ ^"'to be conducted, shall be bonAJide an office of discount and dcposi as well as the place for .ssuing and redeeming the Notes of such Bank

Bank estabhshed under

day constituting a new offence entailing a XXV. And be it enacted. That the office of ev?rv
this Act,

like

7 ^T,

on penaUv
'

P^^^^^ &""

UK shal be
1.

an^Srj?a;LSt^^:S?,S;:^t^ P^^« ^^^"' ^^^rr.a. ^and one dunlicitP BlkTi7unn:rl?^^ ^^ ^""^^ i» duplicate, ^^^^ .^"^^^'
*''

be filed

m

transfers shall be made in ti/plicaL ^d L^ be deposited in the office of the ffi one in tSe oflice of he Superior Court, and one in the Registry Office of e County and until they be so deposited and filed such transfer any third party: aid such shares shTbe hate tt'lV^'f seizure and sale, under the to attachment, provisions of the Act passed m the twelfth year of Her Majesty's^ Reign, and intitu^S "An Act to provide for the Seizure and Sale f/ m, fc "
Ujjphcate shall
1

Lower Canada such

deposited the office of the Bank, and the othef shaU the office of the County Court, and as to the Banksln

m

'

^'''^ 'f Incorporated CoJpaniesT xTvTt aT'^''^ XXyil. And be It enacted, That the total liabi,

t

tinue.

^"y /°^"t Stock Bank shall never exceed ot'i^.lSr hJp! ?• th ee times the amount of its capital under a pen- ^"'"^ '"""'^^ alty of one hundred pounds for each dav such exoP« «h.n
and the Directors in office at the Time such be jointly and severallv h! J?

be incurred shall

1

e-

cp^

'^^"

Tn

shal hn vp l. sufficLnr^rol'^ Inspector General to cause the bolks of he Bank to h^ ^° ^^ exammed as
or the

capacityforalIliabn/ties7frSir^^^^ cess shall continue, including the day on which it mcurred: and any such excess shallilvvay be
herein provided,

1

B^H

26a

^X^'"J-

1 11

J «>

i^'^

13

&

14 Vict.

BANKS AND BA2TKIK0.

Cap. 21, 1850.

Dividends not to impair capital.
its

shall

XXVIII. And be it enacted, That no dividend be made by any Joint Stock Bank whereby

capital shall be impaired, but out of its clear profits only, after allowing a rcpsonable sum for bad or doubtful claims.

XXJX. And be it enacted, That every Joint Stock Bank established under this Act, shall adadvcrtised, vertlse any unclaimed dividends or stock of such Bank in such manner as the Inspector General shall from time to time direct.
TTnciaimed divi. donds, Ac, to be

r

for the better protection of the pubdealings with Banks established under under this^Act. this Act, Be it enacted, That each and every such Bank shall, on the first day of January and July in each year, transmit to the Inspector General, a full and clear statement of the Assets and Liabilities of the Bank on the day of the date thereof, shewing as clearly as the same can be shewn, without mentioning individual names and accounts, the true state of the affairs of the Bank, and stating with reference to the sums due to the Bank, how the same are secured, what part thereof is due to the Bank by directors or general partners, or is secured by their being liable therefor by endorsement or in any other way, and what proportion thereof (if any) may be considered bad or doubtful and such statement shall contain in addition to such other particulars as the Inspector General may require : First. The amount of Stock invested and seParticulars to bo , , ^ / t\ x contained in such curcd by dcposit ol Debentures. itatomcnt. Second. The value of the Real Estate of the Asso ciation, specifying what portion thereof is occupied tor their business. Third. The shares of stock held and the number and value
statements to bo

XXX. And

^hr b

Ski'

^^^ ^" *'^®'''

;

,

i

held by each Member. Fourth. The debts owing to the Association or Banker, and the particulars thereof. Fifth. The debts owing by the Association or Banker, and the
particulars thereof.
Sixth.

The amount of claims

against the Association or Banker

not acknowledged as debts. Seventh. The amount for which the Association or Banker is bound as surety or contingently liable, whether on policies of insurance or otherwise. Eighth. J he amount of Notes in circulation, of loans and discounts and of specie on hand. Ninth. The amount of the same on the first of July last preceding. Tenth. The amount of losses sustained, and whether charged on the capital or profits since last statement, and of the dividendB

declared and made. Eleventh. The amount of

Debentures deposited with

the

Reccivcf
U^.

\jrenerai.

270

And

i

if

13

&

U Vict.

BANKS

AOT) BAWKINO,

Cap. 21, 1850.
Attestation of

And such statement shall be attested hy the oath

such statomonts.

.pL h'^'t'"'' ^u'^' being, havpapers and monev of fh^^^ the Bank, and the management of it^ hn«!^«?^ ^hall swear distinctly has such that he has had^the means of verifying ^^^^^^^^
ministerial

keeper, or other chief officer ing charge of the books,

onKank t
"Sf=

Sre

ment aforesaid, and found
cular, that the

it

to

HpTvI T

"^^^"^

a

^he state-

doubttuUlaims is a he ^erut «"^h statement shaU IJ nnh^T'S by ^r\^''^ be published l"'^ the Inspector General in such manner as he shall think most conducive to the public

^^'''property of the Bank has hi?' T'''^ crue value to tkl be'st o'f his kLwSg^a^d^li:? andThat ^' Hllowance made for bad and

?
'

b^

t

^^S"^
^oo.l

K
the

!!: .

f^\^' '° '^^"^'"i' «"ch statement •^'^''' ^^'^' '^' ^^y to ^'hich it R^il shall Bank \^\f incur a penalty of
-.I."^

in
i

dCcoufsTlf to be ma?e un

twenty-five pounds »er

Sdlfon^ftstirln^^'^KK' ^"^^-^ mo"ntt£'?e
if the Inspector Gene'"'P'? ^"y '""^ ''^^^'"^"t to Te Sliv 71^X1 may Dewiltully lalse,he depute some competent ^^^s of Bank the books and enquire int^ i-S*^^. '? the affairs of the Bank, and to report to him on oath an rf if h,r . It shall appear that su'ch statemTn^was Import ^lly '[,^0'
:

IT

tif STh p T ^r' ^^ Jnbe haZn^LrrSpSr a wtn Vfilk'^S closed for other causes and
ivts:th:'Ltetto?s^^^^^
^ '

^edings .h „

«ca^r

E:

TT'^
,s

^,

that the

Bank

port

or such
report,

si a 1 rp on oath that he has been refused such access to thpRnnr *<> the Books information as would enable him Vn

insolvent, or if the person so deputed

the Inspector Ge^ral mav dospTh^R ings shall be jhereuponTad^YfotSJ^^^^
8atistactory, the

^

i

f

^/^^oient

information obtained bv the oerson . S any oartv with R ^ ^f^n the : rifdifc'r^^o^^ power IS given to the Inspector General to close a Bank L"^'^ before so doing give notice to the Bank, and afford the s'.mpo^ oppc^tunity of making any explanation
as to the particular account of «.t be divulged but in any of

LC

Z

JX^

it

m^fbe Ld^rbleTo

XXXI. And be
<J

enacted. That all the expense^! carrying this Act into effect shall be
it

ottorth' said part ot the '"-^f

^^tablished under it;

bX

by and such

S?^«K
fcr^^^
r

»

expenses as shall be directlv inpnv-^^

^^sxii^:-^:?--a^r Jiallbe^^ early apportioned

^-' ^baiit^ffd^sXaiTj :upon the several Banks "in
proportion
!•

i^

13

&

U Yict.

BANKS AKD BANEING.

Cap. 21, 1850.
:

proportion to the amount of Bank Notes issued to each and the share of such expenses payable by any Bank may, if not sooner paid, be deducted from the interest of the Provincial securities deposited by it in the hands of the Receiver General, upon the Certificate of the Inspector Gtmeral and in the case of the closing of any Bank by the Inspector General, all such expenses payable by the Bank shall be paid out of the Assets thereof in preference to any other claim whatever. Fyy^f^ictitain XXXII. And be it enacted, That the fees to be ^ taken by the Clerk of any Superior or County this Act. Court or any Registrar, shall be: for filing and recording or registering any Instrument under this Act, and Certificate thereof, seven shillings and six pence, and six pence per hundred words in such Instrument and Certificate and for the like services, as to the transfer of any share or shares, two shillings and six pence, and six pence per hundred words. XXXIII. And be it enacted. That any of the Existing Banks now Incorporated Banks in this Province may demay avail tiiinipt>sit Provincial securities in the hands of the Rerroviliouror"tui3 ^'^^ceiver General, and obtain registered notes to the amount so deposited from the Inspector General, marked as being secured by deposit as aforesaid, which being afterwards signed by the proper functionaries of such Incorporated Bank, shall be Bank Notes thereof and may be circulated, and shall have the same privileges and advantages as other Bank Notes registered under this Act and the provisions of this Act relative to the preparation and delivery of registered notes by the Inspector General and the payment of the expenses attending the same, shall apply to those delivered by him under this Section, but the other provisions of this Act shall not be thereby extended or deemed Proviso. applicable to any now Incorporated Bank Provided always, that in case of the failure of any such now Incorporated Bank, tho holders of the registered notes thereof shall be paid out of the proceeds of the debentures by the deposit whereof the same are secured and of any dividend or interest accruing thereon after such failure, in preference to any other creditor whatever of such Bank. XXXIV. And be it enacted. That for and netNodutyto 1)0 paid on njriiteioa withstanding anything in the Act passed in the Notea. Session held in the fourth and fifth years of Her & 5 Vict. c. 29. JMajesty's Reign, and intituled. An Act for levying a certain rate or duty on Bank Notes issued andin circulation in this
;
;

;

;

Province, no duty shall be payable on Bank Notes secured by the deposit of Provincial securities in the manner hereinbefore provided. XXXV. And be it enacted, That the./.Interpre,. , , ^ Intcrpretntinn and ii resoivatiou ofrinht tationAct Shall apply to this Act,and thatif any case to amend this Act. not exprcssly provided for by this Act shall arise,
.

.

.

in

i,.i.»

it sliall

be decided in such manner as shall be most consonant

272

to

14
to

&

15 Vict.

BAiTEHfG ACT, (ameitded.)
spirit

Cap. 69, 1851.

Std[cirii!rJ2r^'^"^
XXXVI. And
statement of the

Vit^pToCrsL^or^"^^^^^^^^ •^""'""^ an infringement of the rights of any narty h the although i*"' same may incidentally affect pending Banks estabhshed before the passing'of the amendin|oi tory Act; and the Governor in Council shall have fil from time to time, to make regulations for the governance ^ofTbe Inspec or General and all Receivers or Officers to be appointed tinder this Act in the performance of the duties assigned t^oZmajid all Courts to whom any jurisdiction is assigned by th s Aci Shan have full power to make rules of practice and tariKf fe^ '^ '^ ^'^^^^' iacarrying's^^cT

t

of the provisions of this Act to which had in applying the law to suchTa e and no amendment of this Act. or declaratory mg mdiscrimmately to all similar cases, which enactment apXmay be rnadT^^ to the mtent and meaning of this Act. nor anv PrS^! J? i!shall be made for giving'full effett
reference shall always be

the

general

.r
y\

cSS TcW pow

\

t

1

fw.

be

it

Banks

enacted. That a general established under this Act.

carrying
thirty

and such other ^«s'«'atu"'particulars respecting them as may be required to shew the operation of his Act^ and an account of tKe expenses incurred fn
it

their capital, circulation, liabilities,

KXX'^

days after the opening of each Session

into effect, shall be laid before the

tSf

C

slat^e with n

BANKS

MD
•.

BANKING ACT, (AMENDED.)
CAP
T
"X"

T TT
.

^ ACT TO AMEND THE ACT TO^gTABL JH PEEEDOM OP BmEmO m THI3
A' expedient that statements ot the Assets and Liabilities of Banks to ^"'"^^^'''e. be established under the Act passed in the Session held in the thirteenth and fourteenth years of Her Majesty's Reign, and intituled, An Act to 13 4 m Vict. c 21. establish Freedom (f Banking in this Province, and for other purposes relafivP tn ianks and Banking, should be m4de up and moi frequently than is required by the said Act: Be it "/^^'^^^'^ enacted, &c.. That the statements of the Assets and Liabilities of every Bank established op to be ?&b;i^t:.,o ^^^-^""^ ^"^^ ^^^^^ *^^ted, required 2eS"i\^^d*" ?^ !"• r.u^' oy the thirtieth section thereof, shall (instead of P"!'"'*hedmontii. being transmitted half yearly, as in the said section adf"y^^,?'
A

WWPRFA«2 r u

f^^**"^^^^^'''30<*^«.^^^,1851.]

'^

TShed

therS

w

'!?^P""^°'* G^^^ral «n the first rv'n1'?-H'-*'^?r'"'^ day of ea^h ixionth m every year (or if such day be Sunday or ^^^

^° *^'

Holidar,

14

&

15 Vict.

BANKING ACT, (AMENDED.)

Cap. 69, 1851.

Holiday, then on the next day not being so) made up to and bearing date upon the evening of the last day of the preceding month not being a Sunday or Holiday, and such statement shall be published by the Inspector General, at the expense of the Bani,

il

And in such way as he shall think most conducive to the public good and every such statement shall contain all the particulars mentioned in the said section, and shall be attested in the manner therein provided and by any neglect to transmit any statement, or by any wilfully false statement, the Bank in default shall incur the same penalties and consequences, and the Inspector General shall have the same powers, if he suspects any statement to be wilfully false, or if it appears by any statement that the Bank is insolvent, as are provided in similar cases in and by the said gection, which shall hereafter be construed and have effect as if '' had been the words " the first day of each month in every year " the first day of in the said section, instead of the words inserted January and July in each year," where they occur in the said section, except in so far as such construction would be inconsistent with any provision of this Act. II. And whereas by the last proviso to the second Time allowed to certain Hanks or section of the Act hereby amended, it is provided
;

;

Companies by

Section 2, of the said Act extended on certain
OQiiditions.

;

.Ji

Authorized by by the said proviso it is expedient to extend the time allowed Be it therefore enacted, that the said section shall not, until the filty-five, first day of January, one thousand eight hundred and apply to any Bank or Company excepted from its operation by the said proviso, provided such Bank or Company shall reduce the amount of its Bank Notes not secured by the deposit of securities upon which registered Bank Notes may be issued under
the said Act, in the following manner, that is to say : before the and fifty-two, first day of January, one thousand eight hundred such amount shall be reduced to not exceeding three-fourths of the average circulation of such Bank during the year one tbousand eight hundred and fifty; before the first day of Januar)>

that the said section shall not, during twelve months next after the passing thereof, apply to any Banks or Company not thereinbefore excepted, and Legislative enactment to issue Bank Notes, and

W'

sT
^i^H^HHk |H^ CTBBHKr|B''fl" *V |H|^^^m g|4^^,3fc^ >iilaKWl mBHHHI
t
*

jjp^

<'

1

j

one thousand eight hundred and fifty-three, such amount shall be reduced to not exceeding one half the said average circulation; before the first day of January, one thousand eight hundred and onefifty-four, such amount shall be reduced to not exceeding of such average circulation ; and before the first day of fourth January, one thousand eight hundred and fifty-five, such amount but if any such Bank or Company shall be reduced to nothing
:

shall fail to

make any such

such

failure, the said section shall

reduction as aforesaid, then, upon immediately apply to such

Bank

or

Company which
the said

shall

be

liable to all the penalties
thereof.

imposed by

Act

for

any contravention

274

Chabtbees

EtMM'i

13

&

U Vict.

CUABTEBED BANKS.

Cap. 22, 1850.

CHARTERED BMKS.

iMsented
it is

to,

lOth August, 1850.]

desirable to extend W^^^t^f the Chartered Banks of certain rights to Prothis

^"""^^

'\-t

''^^'' ^'^«^^y ^«'d by them in certarn cases. Sria'es B?i' fh^'V^^ enacted, Be it therefore &c., That notwithstanding anything in B''"'^« "-w hold any former Art nnn ^ined it shall and mayl^e

lawL

Bank Incorporated or holding a Charter underlet eS"'^-*^oi Parliament of this Provinn^ «,. ^p v ^ ^"^ ^^."-"^^^ Parliament of Upper or Lower Canadrto tat

to

and

for

any

FfSi^r'

I.

',)

Ln

of

adILna

security

f^dX^ ZTrl^^t ^:^t:^
„?»!i

^^l

lave or to have had in relZf Aall be held and ™sissefbv
estate

which

may

beTr^^d ^her''""'

tl^^

,1^ ^""''y declared to " '""'^^'^ '» ">em, °' ""^ P^'^"^

under execution at the suit ^^^ ^^^ of anv u Purchasing, or to sale by any such rL^.^'' '^"'^ given to it that purpI^nVa^es whe^ und'e'r ^iJElir stances, an individual could so purchase whhn?..^' ^'':^".™as to the value of °"' ^^^ restriction the landl whj/i? ;f
sale

may be exposed

W

S T^

r3

il

'

«»do. and

the^e tf S'l;

CitS'SdnS^Vt

imp*

275

A roloaoa

i-r^

"i-s-sU

Bank

10 Vict.

BAITK notes' act.

Cap. 1C2, 1853.

r"'!ii

Bank of the equity of redemption in the said mortgaged premises, or by procuring a foreclosure thereof in the Court of Chancery, or by other means whereby, as between individuals, an equity of redemption can or may by law be shut out or barred And
:

Is,!
Ill
I

whereas

>i

,

f

expedient to quiet such doubts, it is hereby declared *"^ enacted, That nothing in any former Act of TJiey may obtain atitiobyforo. the Parliament of this Province, or of any former closure. &c. Parliament of Upper or Lower Canada did or does prevent or prohibit any such Bank from acquiring in the manner above in this Section referred to, and holding at its disposal, an absolute title to and in any such mortgaged lands, whatever the value thereof may be, or from exercising or acting upon any power of sale contained in any mortgage given to it or held by it, authorizing or enabling it to sell, dispose of or convey away any lands so mortgaged.
it is

BAM NOTES' ACT,
CAP. CLXII.
\N ACT TO ENCOUEAGE THE ISSUE BY THE CHARTERED BANKS IN THIJ PROVINCE, OF NOTES SECURED IN THE MANNER PROVIDED BY THE GENERAL BANKING LAW.
[Assented
it is

to,

l^th June, 1853.]
to
the

Preamble

expedient encourage WHEREAS Banks Province Chartered
in this

to issue

circulate Bank Notes secured in a manner as nearly similar as circumstances will permit to that provided by the general laws Be it force for regulating the business of Banking now therefore enacted, &c., That it shall be lawful for Banks may Issue any Chartered Bank in this Province, the total notes, or notes of a certain kind amount of whose Bank Notes of all values, to be beyond the amount limited issued and in circulation at any one time, is by its l^ their charters, Charter or Act of Incorporation or any act amend—on certain conditions. ing the same, limited to the amount of its paid up Capital,the total amount of whose Bank Notes each for less than some assigned sum, to be issued and in circulation at any one time, is by any such Act limited to a certain sum or to a certain proportion of its capital, to issue and have in circulation at any time any further amount of such Bank Notes beyond the amount limited in either of the said cases, not exceeding in

and

m

:

276

either

°°^ »eben. receivable in ?or .f laws for regulating the '"^" business ?fn„„ I, """'^..^'''^l Debentures to be «okoned "^ but .fZi,*!,,;^^ ""' "^ necessary that such CO n or bullion nr h.h.„t. I Receiver General. hat The Bal^'^^o'e," ^X"'*" "'*. "°^^^ *o oe so issued registered. be
lures

deS

rS

^"r "^

Tpar"

™*
"^

"™

:

«

^

II.

any

And be it enacted, That the duty payable bv Bank under the Act passed
and
intituled,

'^1

in^KessioJ

?»tyundcr.*
*""

if'
1

-ii

Keign,

An

Act for levying a certain

"^^

''"''^^" °^'<="and paid onirupoT the sSm bv wh'^^ *^^ ^^^''^^^^" ^"^"U^* of its Bank Notes i£ drcuLf ?nn ^ per od, shall have exceeded the ^vlLTe^fun^of^^^^^ ^°^" ^"^ bullion and of suKeb^Zres afl^*'^'^-^ ^"^^ ^^^ shall have had on hand trtrthetm^^^^^^^^^^
lated

7

Tf

Pv

III.

And be

it

last

m

cited or of the the fourteenth

enacted. That so much of the Act passed in the Session

and

A of hdd

fifteenth

Majesy'slleign. intituled.

An

years of
to

Act

Her exlptthe

Inconsistent enatitments of 14 & 15 Vict., c 70, or other Ajolbi
repealed.

.aybeineonsisterwitS-^rU^K^^^^

SAVINGS^ EANKS PUBLIC ACT.

CAP

"ViTTrTT

[Assented

to,

¥

18ih September, 1841.]
8^

HEREAS
Rov-i

p

certain Provident Institutions *'"'*"^"<- iiisumiions or CI
.

H

smtlt

„"

tC^^^^

f^.

^f.

-«4 and

incre.se of

^

<1

enacted.
'

!^

4

«fc

6 Vict.
e;

BATINOS' BANKS PUBLIC ACT.
lacted, (fee,

Cap. 32, 1841.

Any

iiutiibor of

That

if

any number of persons, who

form any Society in any part of this Province, for the purpose of establishing stltutiiiK a liaiik and maintaining any Institution in the nature of a forSavinK'<.<li'NifOUB of hnving tho Bank, to receive deposits of money for the benefit iKmolltofthiNAct, hall cauNO thn of the persons depositing the same, and to accuruloH, &c., nstabIbthcd for tho nmmulate the produce ot so much thereof as shall nwonicnt of tho not be required by the depositors, to be paid in the lUNtitiitioii to bu entered, dejiositnature of compound interest, and to return the od and llled in mann('r directed the whole or any part of such deposit, and the by this Act. produce thereof, to tho depositors, deducting only out of such produce so much as shall be required to be so retained for the purpose of paying and discharging the necessary expenses attending the management of such Institution, according to such rules, orders, and regulations as shall have been, or shall be established for that purpose, but deriving no benefit whatsoever from any such deposit or the produce thereof, shall be desirous of having the benefit of the provisions of this Act, such persons shall cause the rules, orders, and regulations established or to be established for the management of such Institution to be entered, deposited and filed in manner hereinafter directed, and thereupon shall be deemed to be entitled to, and shall have the benefit of the provisions contained in this Act.
any Society

pcrsoriH fonniiig for thn purpoHc of In-

have formed or

shall

iMaMin

Provided always, and be it enacted. That no shaH have the benefit unless tho rules, of this Act, unless the rules, orders and regulations 4c., for thn manfor the management thereof, shall be entered in a agement thereof be entered in a book or books to be kept by an otBcer of such Instibook to bo open for the inspection tution, to be appointed for that purpose, and shall of depositors, and be open at all seasonable times for the inspection unless such rules be transcribed on of the persons making deposits in the funds of such parchment and -aeposited with Institution ; nor unless such rules, orders and regutho Clerk of tho Peace for the liislations shall be fairly transcribed on parchment, trict or County. and such transcript shall be deposited with the Clerk of the Peace for the District wherein such Institution shall be established and such transcript shall be filed by such Clerk of the Peace, with the rolls of the Session of the Peace in his custody, without any fee or reward to be paid in respect thereof; but nothing herein contained shall extend to prevent any alteration in or amendment of any such rules, orders or regulations so entered and deposited and filed as aforesaid, or the repealing or annulling the same or any of them, in the whole or in part, or making any new rules, orders or regulations for the management of any such Institution, in such manner as by the rules, orders and regulations of such Institution shall from time to time be provided but such new rules, orders or regulations, or such alterations in, or amendments of former rules, orders, or rpsrulations. or
Such
InHtitution

II.

not to have tho

bonedt of this Act

such

Institution, as aforesaid,

;

;

'

278

any

'ap. 32, 1841.

4

&

5 Vict.

SATINOS' BANKS PUBIIO ACT.

Cap. 82, 1841.

persons,
y^

who
part

in

any

establishing
!

nature of a

r the benefit and to accu-

any order annulling or repealing any former rules, orders, or regulations, HI the whole or in part, shall not be in force until the game, respectively, shall be entered in such book or books, as aforesaid and a transcript or transcripts thereof shall be deposited with such Clerk of the Peace, as aforesaid, who shall lilo the same without fee or reward, as aforesaid.
III. Provided also, and be it enacted. That no No Iiistifiitlon luch Institution, as aforesaid, shall have the beneHt tohiivothc l)oiioflt or this Act luilosi of this Act, unless it shall be expressly provi^d it is pnividi'd by by the rules, orders and regulations for the man- tlio ruli's, that uo TrcnsiTcr, &o., agement thereof, that no person or persons being shiillhav'janybellctit tlDlll IIIIV Treasurer, Trustee or Manager of such Institution, <ll-|H)sit, illlll )uM or having any control in the management l)L'fn swum. thereof shall enter upon the duty of his office, unless he' has taken an oath before any one Justice of the Peace, who is hereby authorized and required to administer the same, to the faithful discharge thereof, nor shall derive any benefit from any deposit made in such Institution, but that tho persons depositing money therein shall have the sole benefit of such deposits and the produce thereof according to such rules, orders and regulations .is shall have been or shall be established for that purpose as aforesaid, save only and except such salaries and allowances or other necessary expenses as shal , according to such rules, orders and regulations be provided for the charges of managing such

ft

reof as shall

paid in the 3 return the >sit, and the Jucting only to be so rehe necessary
B
I

r i
h
;

tion, accord-

Hi:

ave been, or ? no benefit
hereof,
shall

of this Act, ations estab;h Institution
fter directed,

n

!•

:i»?.

4

^

;J

d

shall have

ted,

That no

Institution,

e the benefit
1

regulations

entered
of such
se,

in a

Insti-

and

shall

remuneration to officers employed in the management thereof, exclusive of the Director or Directors, Trustee or Trust-ev oi^ other persons having direction in the management of such Institution, who shall not directly or indirectly have any salary, allowance, profit or benefit whatsoever therefrom, beyond theiV actual expenses for the purposes of such Institution.
the

and

for

le inspection

funds of such
;rs
i

and

regu-

parchment,

IV. And be it enacted. That all rules, orders and regulations from time to time made and in force for the management of any such Institution
as aforesaid,

ted "with the
titution shall
y

books as aforesaid,
of the

and duly entered in such book or and deposited with such Clerk

Rulos to be binding on tlic several niciii hers •111(1 otfleers of tlio liistitutioii.aiul of th» sevcriil depositor* and t heir repre,

such Clerk Peace in his

several

Peace as aforesaid, shall be binding on the Members and Officers of such Institution,
^'^P«^;tors .therein, all of
full

scntiitivcs,

and

tin

bereecivcdiuevidi'iUMfiii all (.'ourts of rocora. ..u. o. record.

.

)ect thereof;
t

any

altera-

^gulations so

repealing or
in part, or

nanagement
rules, orders

time be prosuch alteraQ-ulations. or

notice thereof by such entry and deposit, ""'"'^"^ '"^^ ''''''' ^'-^^^-^ '^"-i regulations' fn such book or books, m as aforesaid, or the transcript thereof deposited with such Clerk of the Peace, as aforesaid, or a trufcopy of such transcript examined with the original, and certified as K true copy, shall be received as evidence of such rules, orders and regu ations, respectively, in all cases, and no certiorari shall be brought or allowed to remove any such rules, orders and reguUtions into any ol Her .Majesty's Courts of r<^rord

and taken to have

tirrf

whom

shall be

deemed

sti;Ti^"V^?

1

'

<.

'

^^^

'"'

n,vl

ov-v

copy

i&5

Vict.

BAVINOS' BAJJK8 PUBLIC ACT.

Cftp. 82, 1841.

4A^

copy of any such transcript deposited with any Clerk of the Peace, as aforesaid, shall bo made without fee or reward, except the Bctutil expense of making such copy.
^' ^^^ ^° '' enacted, That if any Treasurer or Trcasurcrs, or other officer or oflicors, or other KcrKUon^if '" person whatever, who shall be entrusted with the trust. receipt or custody of any sum or sums of money subscribed or deposited for the purposes of such Institution, or any Interest or Dividend from time to time accruing thereby, shall be required by the rules or regulations of such Institution
?iJq*X"<rii""*''

"

hnuKiwitiiNum.

liiji

to

become bound with

of such

office or trust, in

sureties for the just and faithful execution such sum or sums of money as shall be

required by the rules, orders and regulations of such Institution, such security shall and may be given by bond or bonds to the Clerk of the Peace for the District, where such Institution shall be established for the time being, without fee or reward and in case of forfeiture, it shall be lawful for the persons authorized for that purpose by the rules, regulations and orders of such Institution, to sue upon such bond or bonds in the name of such Clerk of the Peace for the time being, and to carry on such suit at the costs and charges, and for the use of the said Institution, fully indemnifying and saving harmless such Clerkof the Peace from all costs and charges in respect to such suit.
;

All monlps,
loiiiifiiig

Ac,

VI.
for

aaiil rJKlits 1)0-

And be
and

it

enacted, That

all

monies, goods,
all

to the In-

chattels

effects

whatever, and

stitiitioii

vested

securities

in tho Trustees of each Institution
for the tinie lioing for the iK'Tieflt of the Institution JHid the respective depositors, <5;o.

or other obligatory instrument, and evidences or muniments, and all other effects whai< ever, and rights and claims belonging to or had by

money

#

Institution, shall be vested in the Trustee or Trustees of such Institution for the time being, for the use and benefit of such Institution and the respective depositors therein, according to their respective claims and interests, and after the death or removal of any Trustee or Trustees, then in his or their Successor or Successors, for the same estate and interest, as the former Trustee or Trustees had therein, and subject to the same trusts, without any assignment or conveyance whatever, except the transfer of stocks and securities and also shall, for all purposes of action or suit, as wefi criminal as civil, in law or equity, in anywise touching or concerning the same, be deemed and taken to be, and shall in every proceeding (where necessary) be stated to be the property of the person or i)ersons apponited to the office of Trustee or Trustees of such Institution for the time being, in his, her or their proper name or names, without lurther description and such person or persons shall and they are hereby, respectively, authorized to bring or defend, or cause to be brought or defended, any action, suit or prosecution, criminal as well as civil, in law or equity, touching or concerning
;

such

;

280

the

i

&

6 Vict.

nxrmoB^ daxks vvuuo act.

Cap. 32, 1841.

a«d may in all cases conirni^^^ ^'"''^7'^; "^''^ "'" ^''^''" foresaid of such In'titmion sun an '"'''' ''''^'' ''"'' ^'^ '"» ' picmlcd. in hi., her" r nro r n^.^ ?'"*''• ^"^ '^'^^^^''^ «*• 'rrustecs of such InstitutL^whhn.^? f.'"'' description; and no «uch suit, action or «•• abated by the death of sucrperson or ntsnn ^T"^'""«^ '•«'""^«' *'" ?!" from the office of TrusteeTTruKr 't*^''' '^^^^^^^^^^ rfiall and may bo pi^ceed^d in bv tV' ° succecdmg Trustee or Trustees in tL proper namfl ^

hS

M

pr«

'

%

\i
J|.

commencing the^
notvvithstandinir
.

aS'J,

Zi lr7
t

any law
'

usaT ''?.^°

"^
*''*

'*''

^'''''\''' P^'-^«"«

^""^'^"^ *" the
o'"

contrary

menced

in his

or

L^^ «!

° ''^^"'"

«"'t

had been com-

All poraons hav.
iiiK

received

moto

iiifsi iH'IdiijfiriK

iMclll.stitlltidll to a<^('(>unt for tho Niuiie.

relating to the same his h^^ J^liU ^f^?'' ^^ ^^ any securities '"''"'°'"'"^' ^^"^'"'«tratorsrcuraiors and 'as gSs or o her' ^^""^ representatives, respectively, shall,
.

Sf the

upon dSn'rl L« V committee 7suchLiru?fon

t'T
,

Lh

authority as aforesaid or gers thereof, give

nf.nv'

'"T"""'' .°' ^ ^"^

"'^^'''^

^^^i^T

^'"'^ delegated

'nW

commiltfe ^r'otfe

[0^^^^^^ """'^'"^ "^ amhl 'y^^s'Sl^^

TT

^^'«

^^^"aV°

"o^^^^fed to receive the same, to be am lalin Committee or Xlgers^Lpcdvelv'^^'?'^^^^^^ *'^^ «^'^ maud pay over all thTl^TerrS^^^ and assign and transfer ' or deliverall "f curifies effp^ ^"f '' papers, or iunds taken '' ''''°^'' or standinjr in his or^hp rl ^^^'^''^"'^ or names, as aforesaid, or being in his or tlllTj 1 person or persons as the said r.^ J'ands or custody, to such °' ^^^^'^'S^^^ of such Institution shaS appoint and i^T'^'T

exaEd

^

V

^

to deliver

such accTn^'oV to

transfer or deliver such'securit^es effec s

ty ov'r stcK^n-"''^^ f ^^'"^^^ °' '°
^0^.
n
''

^f ^^

tion to

the

JuSe of

the Snn!'-

rV""^ H^'"^' ^° ^^^ibit a peti-

™ate such o,,,„

,LL. upofS", S ^aS ooLS^t
to

4 &

5 Vict.

SAviNoa' bakes public act.

Cap. 32, 1841.

to such Court in their discretion shall seem just, which order and conclusive; and all assignments, sales and transfer made in pursuance of such order, shall be good and effectual in Law, to all intents and purposes whatsoever.
shall be final
Property in Savings Ranks to

VIII.
titles,

And be it enacted, That

all

property, rights,
shall arise

descoud to heirs,
executors, &c.

privileges

and immunities which

or accrue to any person or persons under this Act, shall pass and descend to the heirs, executors, administrators, or assigns of such person or persons, or to the curator of the estate or other legal representative of such person or persons, according to the Law of the part of the Province, relating to real or pprsonal estate in which any such Savings Bank shall or may be
established.
Trustees may invest monies in any incorporated Banlt but not vritli a private Banker or on pergonal security.
i

IX.

And be

it

enacted,

for the Trustees to invest

That it shall be lawful any monies not exceed-

ing three quarters of the whole sum deposited in such Institution, at any one time, which shall come into their hands by virtue of this Act, in any Debentures issued under the authority of any Act of the Provincial Parliament of either of the late Provinces of Upper or Lower Canada, or of this Province or in any Bank Chartered by any Act of the Legislature of either of the late Provinces of Upper or Lower Canada or other public security in this Province, therein to avail for the purposes of this Act ; but it shall not be lawful for the said Trustees to invest any such monies upon personal security such sum or sums of money only excepted as shall from time to time remain in the hands of the Treasurer or Treasurers, to meet the necessary expenses and exigencies of the Institution, which may be vested in such personal securities and should it appear upon due examination at the general or annual meeting of the Trustee* duly called for the inspection of the Accounts of any such Savings Bank that after payment of, or after due provision is made for the liquidation of all debts or deposits, and all interest due to, or arising thereupon, to depositors or others, there will be any surplus profit or interests, it may be appropriated, and paid over to any charitable Institution in this Province by Law established or incorporated Provided that the vote to make such appropriation be carried in the affirmative by not less than three-fourths of the Trustees present at the meeting.
;
; :

Wlicre no proTision
is

made by

any

Ktnu-ral rule,

Ac. matters in dispute may be
Btibiriittcd to Ai'bitrators and the award shall

That where provision more of the general rules, orders or regulations of any such Institution, and filed as hereinbefore required, for a reference by
it

X. And be

enacted.
or

shall be

made by one

be

final.

any matter in dispute between any such Institution, or any person or persons acting under thein, and any individual depositor therein,
arbitration of

282

or

r
4

f

H

&

5 Vict.

SAVINGS' BAKES PUBIIC ACT.

Cap. 32, 18*1.

or any executor, administraicr. next of Um nv «vo^% r deceased depositor, or any person oln,-^;^; I ^'^^^•t^'' of any ^"^ ^^. '"^^ executor, administrator, nex of Wn ^or orP^t ?^ '^^^^^^^ '^"^^ case the matter so in dis^utrshalfbtr;'^^ ^"^ '^^^ s"ch arbitrator or arbitrators as shaH

ha^rLen im.H

orders or re^ulSs of award, order, or dclern na ion ixue purport and
rules,

Si

*^ *^^ g^"^^^l .n^T t'.T^'"^ ^"d whatever !"''^^"*^«"
'

such Institution, shall be bindinrr

r^^^ugTVrlsl^^^^^^^ ? ^^^ «nt
That whenever a tran ^"^' reguirtio^'s^orX
requirincr

regulations'""l of

XL And
benefit

be

it

enacted,

r.S;em L'i?"'"? management of any Institution

Wlienovor a
trnnseript of the
rules, &c. sliall

of this Act. shall have been, or fall be deposited With the Clerk of the P^ace for the District wherein such Institution shall be estab! ished, pursuant to the directions of this Act such tonsci-ipt shall be signed by two Trusteef of such

the

ba

deposited with the Clerk of the Peace for the
District
is

where

such Institution
established, Buch transcript shall lie signed br two Triisteca of such Institution.

™r.rarrip

-"^ Par o.- pt s fcreo7asTh:il br.f V™ ""^Kf ''' 'T^""P'' "' *" '™^ intent and meaning m "lis of tS Act PiovIhT i''™'''\'° iiovided always, that such Justices shall sigmly such rejection ov disapproval of '"»'" any '^"'"^""- -"'--din

t'-^^^'l"" «i.,erpp„Sst^hilrSe xto,:^^^^

t

snail not shafl";.of

benefit

]...,.!,n,:., cii thu b*ame time, of depositor other than a religious or

hunHrP,!
.

'"''^!;^' ^^'^ *^^ «^'d Trustees leceive on deposite, for the use and ^ u-^c aim of "'-''P'^^o'^S' nmr larger denosifnrs any lov,v«„ ' sum than

"1^" "

No depositor to
imvenioie than f-ooattiu, same
-•"•'

five

anv onp

"•"i-iwait.

***

charitable'c^poratiou.
XIII.

14

&

15 Vict.

savings' banks act coOTiinjEj).
XIII.

Cap. 55, 1851.

Tnistecstolaya
detailed n<Tount of all monies deposited, the num. berof the depositors and the
securities in

amount invested in Bank Stock, specifying the names of such Banks; the amount deposited with lature. Banks on interest the amount secured by Bank .^ Qf ptock, specifying the name of such Banks, the amount vested m public security, or loaned on the pledge of such public security; specitymg the nature of such public security the amount of
are invested, &c. before the Legis1 ;
;

which the monies

And be it enacted, That within the first days of each Session of the Legislature, the said Trustees shall lay before the three Branches thereof, a detailed account of the number of depositors, the total amount of deposites the
fifteen
;

the total accrued interest for the y®^^' ^"'^ *^® annual amount of the expenses of • r the Institution ; all of which shall be sworn to by the Treasurer and the Trustees or a majority of them shall make oath, that tne said return is correct according to the best of their knowledge and behef.
Amount.
5

^^^^ ^" ^^"^

u

^l^' ^^^ ^® ^^ enacted, That this Act shall continue and remain in force during ten years, Jrom and after the passing thereof, and from thence until the end ot the then next ensuing Session of the Legislature, and no
Duration of Act

^^- -^"^ ^^ ^^ enacted, That this Act shall be J deemed a Public Act, and shall be judicially taken notice of as such, by all Judges, Justices, and other persons whomsoever, without the same being specially pleaded.
PubUcAct

SAYINGS'

BMKS

ACT CONTINUED.

CAP. LV.
AN ACT TO CONTINUE FOB A LIMITED TIME AN ACT INTITULED, AN ACT TO ENCOURAGE THE ESTABLISHMENT OF AND REGULATE SAVINGS BVNK8
IN THIS PROVINCE.
[Assented
Preamble.

to, SOtJi

August, 1851.]

4 & 5 Vict., c. 32, Cited.

in and by the Act of the Parliaof this Province passed in the Session thereof held in the fourth and fifth years of Her Majesty's Reign, intituled An Act to encourage the

TITHEREAS
TT
ment

establishment of and regulate Savings Banks in this Province, it is amongst other things enacted, That
in force during ten

the said

Act should continue and remain 284

ycufa

12 Vict.

^xcHAi,™ ATO ^oM8- ACT,

(c. «.)

Cap. 22, 1849

no longer ; and whereas it is exDedfenMh/f be further continued for a limi'edtme Be i &c That so much of the said duration thereof as aforesaid, be ^me is hereby repealed; and shall the' anH thai sdd shall continue and remain in forrfi Hnr,n^ « after the passing of this the tnen next ensuing Session of the

t

^'§"^l^ture.

and

AraJ

IM

'"i* '^''''' ^""^^^''
tl'^'^
J?

^''

let

^^^
fonge^rf

SaWActcon.

i

'

I

K
'

i

AcraSorthLS^S'thr
LegSe^^Sd n'o

BILLS

OFEXCHANGE AND NOTES^ ACT,
CAP. XXII.

(C.E.)

FOEEIGN BILLS. IN

CEETA^rcS'cSrS?.'^^"^' ^^
iJssented
to,

30th May, 1849.]

expedient to revise the laws r"^® to relating i' '/ Inland Bills of Exchange ^^^"«Promissory Notes, and to rpnH<»r ^,^..« ^^ and , thereof, and the p^a^Soe "? P"'''«»8

W^i?

A„r come into force, an Act of the Parliam«„V„r ^o'au.M *» Lower Canada, parsed in the thw/iu ^f ^S."he Reign of King George the ThiJd,
*all
intifu^d

&o That on

LTatS

an'k

SetT

fen. the diy

tSe„

L

"' '°"°'^'

fc 1
drawn
or

A^ ,„

f

;

If.

And

be

it

enacted,

Note made payable
to the order

That any

Bill

to the order

of any

of the maker or drawer thereof shall

peS^ or

transferable

Jill or Note arawntoorderof any person, &c

without notice, by endorsemenli

\

w

''A

III.

dorsement thereon, for'the amount'thereJf

the words on the f^e of ^"'"^ ^^^" ^^ presumed to have bee^n ;il°- ^T' been received on everv sunh EiM ->• V'^x-^ -^"

And be

it

w/«e rec««erf

enacted, That

when

shall be expressed

Provision when a Bill or Note shall express "value
received," on its
face.

'"*

285
IV.

^

(

i Ij

!

vi

12 Vict.
Acccptanco of a

ExcuANQE AND NOTis'
IV.

ACT, (c. K.)

Cap. 22, 1849.

it enacted, That no acceptance of be sufficient to bind or charge any Bill, ice. person, unless such acceptance shall be in writing on some part of such Bill, or if there be more than one part of such Bill, on one of the said parts.
Bill inuiit be in

And be

writing on such

any

Bill shall

V. And be it enacted, That three days of grace and no more, next after the day when such Bill or Note shall become due and payable or after the day when such Bill shftll be presented to the drawer thereof if drawn at sight, shall be allowed for the payment thereof, and shall be reckoned
Days of prace allowed.

to expire in the afternoon of the third day of the said days of grace, unless the said third day shall fall on a Sunday or holyday, when the next day preceding not being a Sunday or holy. day shall be the last of the days of grace anything in any law or usage or custom to the contrary notwithstanding Provided
; ;

always, that nothing herein contained shall be construed to entitle the maker of any Note payabU on demand to any days of grace, or to prevent the holder of any such Note from demanding payment for the same at any time, and protestingfor nonpayment whenever the same shall be refused!
ProTiso.

VI. And be it enacted, That the non-payment of any Bill or Note after the maturity thereof, and to entitle holder on or before the last day of grace, shall ipso facto to recover interentitle the holder to recover from the party liable est from that day. on such Bill or Note, in addition to the principal sum thereof, legal interest thereon from the last day of grace, whether such Bill or Note be protested or not.
Non-pajTncnt of a Bill or Note on last day of Krn«e,
^^ enacted. That every such Bill or be deemed and taken to be payable generally, unless it is expressed in the body thereof pralcTis^sSitted therein. that the same is payable ai a Bank or other place (*only, and not otherwise or elsewhere) ; and every acceptance of a Bill shall be deemed and taken to be a general Proviso what lenemfSt?* acceptance, unless the same shall be expressed

^"deem^°**'^'-*° »bioftmera?i^'

^^^' "^"^ ^^
shall

Note

:

*° ^^ payable at a Bank or other place only, and not otherwise or elsewhere ; and the acceptance on such Bill and the promise on such Note so made payable at a Bank or other place (only, and not otherwise and elsewhere) as aforesaid, shall be and be taken to be a qualified acceptance ol

Sne.**^"^"

such
of

Bill or

promise of such Note

;

and the acceptor or maker
except in default have been first duly de-

shall not be liable to

pay the said

Bill or Note,

payment when such payment
at

shall

manded

such Bank or other place.

SSttSp^tt.
^fornon-ac' (•

T^"- And be
Bill shall

it

enacted, That whenever any
forthwith protested for non-acceptance?

be refu.sed acceptance by the drawee

thereof, the
Eepe.ied by Cap.

^

same may be

1860.)

12 Tict

B^ciu™, x,„

scrips' ^CT, (c. x.)

Cap, 22, 1819

may
men,

insist

•ue lor and recover the est, as if the samfhad

on immSiSenavmeJfrr^v.'''"'!''" '"''''«' ""'™f ''«=»'!' Pa""". and may

Provided
,

alwr^that thTn

amS^flTK S Jt °T" ™' dtZ'r^?'
""d

'ii

i

'" """'

'""'-

m

'"' """-P^^-

ta'y^.ffleient. * be made in duplicate bv one '^f " '^'^ ""' ^" '^' ^>^«^ rf a copy of the Bil or LTe a^dltTJnS or countersigning Notaf^anrno^r^^^^^^^^^^ sary lor the perlectino- of anv «oi •:-i^"^f?' ^'^^'' ^e deemed necesprotesting, or notice made or given b^ uc^ .^^^ contrary notwithstanding. ^ ' "^ ^^'^' "'^^" °^ «"^t«™ to the

Ct-Z S^

Sv^^^

X. And be it enacted, That every noting for non-acceptance of a Bill shall be maSe ufder '".'^^'"'^ "P°" '^' '^a^k of a copy ^f ! the Bil and endorsements, and filed and kept ELn record by the Notary noting the same; and

AZ

Notinfffornonac;r(.ptanco of a oill to bo made

undnrneath or on baokofcopyof

uTn

LTIvSvBmor^r"^^''

''^-on-acolU^:,

As ^^^^-^
tested.

to notes pro.

^S^;^eni:?rr^i:-^^^
office:
for for

noting and protest, and *^^ ^^^^ ^f the his fees and Ph«!^' thereto his initials, and he usual iSf;.^"^'^^" ^"^«°^

^

non-acceptance, b. the notin^S name of the Notary bvvehnm r« the^dL ® .^

Provided always, non-acceptance shall afterwards be protested "'°^-non-payment, it shall not be necessarv to !vV a

th^tThUTfiiSf
/if""^

^^P'^^"«^^<>r

^''®''®°^'

^ith the

«a.ed in the b^i/JJth^p^Strt'fo:

ron."^^*4f

"'^'''

*"«

"^

non-payment, shall be deemed »<'«ptance, or if «UCh notice be given to sn^h nnrf,, sufficient " "on-paj-ment. ,P or ^- -"^eat his residence.^ ^If^^^^^y or ^«d in case of death or absenceThis

ui lor or for

ent|fed1sL'?,^Tr;itrtr.^^^^^^^ **^ccptance
non.navmon*
oU«ii u
J

"""

ofprotestfomon.

^

Zal ffl

'-J
1
Jll

or if the said notice nearest Post Office

die^d'^^S lltTyj\^'' "f ^^ "^^^
'^^
1'
1

Si^^^^^^^^^^

communicating ^UhThJ..^^^^^^^^^^^

M
"'""

"if"

place

I

1

Is

12 Vict.

EXCHAiraE AND KOTES' ACT,

(c. B.)

Cap. 22, 1849.

place of business aforesaid of such party, and the postage thereoQ be pre-paid ; and like notice given to the duly appointed and notified assignee of the bankrupt estate of any bankrupt party, liable on any Bill or Note, shall be as valid and effectual as if such notice had been given to the bankrupt personally, or at his residence, office or usual place of business, or through the Post Office as aforesaid Provided always, tnat in such cases, Proviso as to bankrupts, ^jjg gjjj gjj^jj j^g^^g j^gg^ drawn or endorsed, and the Note shall have been endorsed by the bankrupt, before the issuing of the commission of bankruptcy against him.
;

Duplicate protest
of Bill or Note to be prima facie
evideuce in C. E.,

'hat the duplicate prowith the service of such notice duly attested under the signature
it ei.i'

XII.

And be

test

and duplicate

noi

.

aforesaif*,

of the protesting Notary, shall be deemed and Courts and by all persons, and in all places within Lower Canada, to be primd, facie evidence of the truth of the the matters in such protest and notice and service thereof respectively set forth as matters of fact and the same faith and credence shall likewise be given to all copies of the same, attested in like manner to be true copies of the originals thereof remaining of record in the protesting Notary's office.

taken by

all

;

<

;!

^^^ ^® ^' enacted. That every Bill and TVT-™'' Notc, payable at such Bank or other place, shall ^6 presented for payment at such Bank or place menfaUhSt^" place. only ; and every Bill and Note payable generally, shall at maturity be presented to the acceptor or maker, either personally or at his then residence or office or usual place of busincss or if presentment for payment of any such if payable gener'"^Bill or Note payable generally, cannot be made to the maker or acceptor as aforesaid, by reason of his absence, and not having any known residence or office or place of business, at or in the place where his Acceptance or Note bears date, by reason of his death, then such presentment for payment of any such Bill or Note shall be deemed good and sufficient if made at the residence or office or usual place of business of such acceptor or maker, or at his last known residence or office or usual place of business, in the said place where the Acceptance or Note bears date.
^"alScFiSi
place, to be pre;

SrSefted S"^
tho expiration of

thetoX'of'
B™*^'

XrV. And be it enacted. That if at the expiration of the forcuoon of the last day of grace any Bill or Note shall be unpaid, the holder thereof

,4i-._,

cause the same to be duly presented for paybe protested for non-payment Provided always, that no presentment and protest Pj,^j^^ for non-payment of any Bill or Note shall be sufficient to charge the parties liable on such Bill or Note, unlsss

may

ment, and

in default thereof to

288

such

ip.

22, 1849.

12 Vict.

.xoH^a,

^

,ox.3' ACT,

(o. ..)

Cap. 22, 1849
j;

age thereoa
ted and noparty, liable
1

m
\/r\'4

as

if

such
acceptor or
axid effect,

it

his residcases,

maker

Post Office

although the

such

charged from the
protest.

dorsed, and

liab litv ofthltf'""''""" ^" ^"" f^'-ce "^^y be di». want ir "legality of ^^ lleLl^^^ protest

SJs The hoK

h^f

'"'^
i

or of notice of

before the

plicate pro-

BlbecoLdulVeMle'^^^^^^^^^^
notification
the estate

Provision when a •Hill or Note pay. able gonerally

th the
le

ser-

signature

of the appointmenf nf of the accenfnr n. ? of

"^

P''^''*'

^" assignee

to

;emed and
ices within

"" nnder a commission ofbaXun^cv' t'^^"''^' «entment for payment
to

^.__ ^ ~a&-pV
.. orpromissorbe.

Mhall become (hM after the acceptor

ooinesabankrupt.

the

ruth of the

place

thereof refaith and
le, attested

or office

of business, or to the ass.VnP. or usual^lace of P^n^^^^^^^

bankrupt personally or a

surfc'??'.'^ ""^^^ ^^"'"f '

'^'™'

'^^ P'^'

^°? M '^''^«"ce

^« "^^^e either
^^' --^^'denoe

be as valid
to

and effectual as

%„£
if

or office or usual

thl ^

^

^""^^

remaining

y

Bill

and

)lace, shall

bankrupt personal y or at^^^^^^^ of busiies?; '^'^ '' ""'^^ Proved, howevrr ^nat .^^®'^». the „ acceptance of the Bill nr thJ , '^^ ^°*« shall have been effected beforT^.S'"? °^ against such acceptor '''"'"^ "^ '""'^ commission or
the
place

presentment shaU had been made
.

fharr

ma!ker.

k or

place

generally,

ker, either
ice of busi-

t

any such be made

have the

for":o^a4l„7orToalf non-pay. ment, if made within three dav« »! a upon which such Bm ^^^ '' or NoTshal f 'u'
same
the
force and effect as day of protesting th?
if

XVI. And be it enacted Tho* »«« of protest


service of

"—'"« notST
^''^

yon
for

1,.^^
'

^^^'^ protested, shall

s absence, 3e of busi-

always, that

nothing herein shall Hp

E^^^ ^'^ slC ,™ded ^

«^

Proviso.

protesting

any

Vote bears
r

liil

o7N<^ttreinXv?d1d!'

'^^^^^ *'^ ^^"^

payment
if

ufficient
iss
>r

m

XVII.
,hall

And be

it enacted Thof . be noted for ^J^acoIp^^n^ri'XJ,

of such

71

Not

requisite to

office or

serve notice of noting for nonacceptance.
Proviso: if after-

cceptanoe

wards protested
for non-paymeat..

he expiragrace any
er thereof

d for paypayment nd protest 11 be suffi;

^^
ouis

.ee«

^t J:,f— ^TtitK? t^^^^^^^
to the

)te.

unl(^ss

fcvf ^""«
2QQ

such

p?ot:tlt.i*tL oi """"g : and JVotes. together wi«h f h- - -i'WHiages prepaid

^^!»-"
ing.proto8(iins.

^

*«•

s i]

12

Vicfc.

EXCHANGE

XTfD NOTES' ACT, (o. E.)

Cap. 22, 1849.

upon notices deposited at any Post Office as herein provided for, and may be claimed from the holder of the Bill or Note by the Notary or Justice performing such duties, and shall be recovered from such parties thereto as shall be liable for payment of
shall

the same.

That every person who be a Notary for or Justice itiK liilU and of the Peace in Lower Canada, and who shall act Notca. at such in and about the protesting of a Bill or Note, or in and about the noting of a Bill, not being such Notary for or Justice in Lower Canada, and being convicted thereof, shall be deemed and taken to be guilty of a misdemeanor, and shall be punished by imprisonment for the space of not more than six months.
Penalty on an tin qualilii'il person noting or protest

XIX. And be

it

enacted,

shall represent himself to

XX. And be it enacted, That in places where the holder of a Bill or Note shall be prevented ^0^ employing a Notary, by reason of their being iwte an^'^protest juus and Notes, none resident practising therein, or by reason of the absence or disability from sickness or otherwise of such Notary, it shall be lawful for any Justice of the Peace duly commissioned aud sworn in Lower Canada, to make such noting and protest and to giv^e notice of the same ; and all such acts done by any such Justice shall have the same force and virtue as if *^® same had been done by a Notary ; Provided Prorao- ftu'ts to he stated in the that such Justico shall statc and set forth in the Protest, c. body Or preamble of such protest, the particulars and reasons wherefore the same could not be done and performed by a Notary ; and a certificate and duplicate copy of such protest or noting, containing such reasons, under the hand and seal of
Justices of tho

Peace where Uiereare no No-

such Justice, shall be deemed and taken to be sufficient proof any Court in Lower Canada of the truth thereof.
Discount
'

in

XXI. And be it enacted, That in the discounting of any Bill or Note, it shall be lawful for any person to retain, receive or charge the amount of the discounter interest upon the principal sum therein specified at the time the same shall be discounted or received.
ui'

mny bo

retained at timo discounting.

And be it cnactcd, That it shall be lawful ^^V pcrsou who shall discount or receive any in certain cases. Bill or Note payable in Lower Canada, but at a distance from the place wherein the same shall be discounted or received to charge, retain or receive over and above the legal interest upon any such Bill or Note, a commission sufficient to defray any agency, expense or exchange attending the collection thereof; and the holder shall, notwithstanding such commission, have the same right to recover the full amount of any such Bill or Note, with any interest thereon accrued after maturity and pro290 test
Commission may

XXII.

(UtfoVtodiscount

^^^

test, as he wcu d have charged, retahied or

had

if

nn

always, that such commission halUn no ceed the rate of one per ^^"^"'n ^'' centum ,,nl the "Pon Note.

received the?euTon'.p''"

-Tf"''

'^^^

^^^en

1

-**" wT'^''^ "''"'''^ ' ""' '*»*• ^^''^l'^^ ^^amount of such Bill

or

A Alii. And

whereas bv

lai

11

assurances whatsoever for tlTe nnv usurious consideration are utteH v course of mercan tile
into the

tnnJnf:^ S
.

''"^'"^^^^

^"^

^"'"•

'

T"7 "'^''^ ^^^ an ^"^ whereas, in thp

hands o? perSs whSv^T'^^^^ ^^^""^'-^ «ften pass any knowledge of ?heogiSeLdUion\'7"''^'^^ same wirfou given and the avoidance of .n.h-^?'' '"''^'ch the same were
;

^.«>^. endorsees
U^A^ drawn
be
shall,

Stilt
Bill

fco^feSerThrt^^^ '"i^icu, ^ flat no
or though

ous consideration or nnnn «« hands of an

dehvery. in the hands^f a perLn same as bearer for valuable

tn'SZ'r^ ^ endre;r L The"™/ a
who

Sy W

made

aftor

+1.

Note teat ol,oll "' .^^oii' thnf shall
or

SS P^-«e

I '

T

I

l'^'^^ l^swionsronsidtnitiion not to

'^^'-

'J

I''" ^^' " °^ ^" "S""-

^^^
«'ti'out uotiJe.

bearer had, at the time of ration for the same, actual
or

i^roSafr ^- TYTV
1

discSii ^0^ n '' '"''j ^"'^"^^ee Imovv'eS harsS'??.f "'\^«»«iJ«^-

by ^haTl h conskleTatLninl^'^" ^^^"''"^^ the
^'"^"^^^^^ble

Tf

^'

^^

-^^

in the

--"-Soi

oVT^^^^^^^

Ji

cap.80.iSB,.
.

""
J'
r

and ""«''™' «« ProTet° designate such person -:• P''*™''™ bv the ^.traction of his Christiantameo^firstZe'.'""'' °' '=""" ' "'™'' "« of stating the same "iMnes, instead in full.
10

hold to bail,

mZl'wut

«™„

Stf'"'^
,

""him

"

k'

-M
Iriacf ionson Bills

be ^""''s "" lowerCanada, to the Iiw. „„ hid ,i^Sl r'^t'-'^' '

provided for, recourse

sS

anajVotesinC.B
recourse to be had
toEiifflish laws,

to tlio evidence IQ all cases.

irthelawofC.Ii bo silent and a«
;

W^m
-'o-ina

m
1
'

m .ux 30 at the time of the oassino- nf ft "^ ine
29 J

passing of this a Act

"^'^
;

^^^s of Provided alwayi^

Hp
^^^^^K|'

9HEv\

f^Hf^:

^1 .
'
'•

f^^K
^^^B-

m m

'

12 Vict.

EXCHINQB

AJTD WOTIS' ACT, (o.

s)

Cap. 22, 1849.

always, that Bills or Notes made or endorsed by PtoyIso, persons not traders shall be subjected, in matters of proof thereon, to the said laws of England ; and provided always, that nothing herein contained shall be construed to debar the parties to such actions and claims, from examining each other upon of interrogatories sur fails et articles, or upon the serment dicisoire^ or to debar the Judges of the Courts from deferring to any of the paN ties to such actions and claims, the oaths known as the jura-

mentum judiciale, mentum in litem.
wiiBtshaiuw
"'"^"

or juramentum supplelorium, and the jura-

be it enacted, Thf«t none other Year's or Circumcision day, the Epiphany or Twelfth day, Annunciation day. Good Friday, Ascension day, Corpus Christi day, St. Peter and St. Paul's day, All Saints' day, Conception day, and Christmas day, the anniversary of and day fixed to celebrate the birthday of our Sovereign, and any day appointed by Royal Proclamation or by Prodamation of the 'Governor General or Pe— on administering the Government of this ''rovince, for a Solemn Fast or as a day of Thanksgiving, shall be deemed and taken to be a holy-day within

XXV!. And

iS'rAcT

than the

New

the meaning of this Act.
it enacted, That wherever in Act, with reference to any person, matter or thing, any word or words is or are used, importing the singular number or the masculine gender only, such word or words shall be understood and construed to include several persons as well as one person, females as well as males, bodies politic or corporate as well as individuals, and several matters or things, as well 86 one matter or thing, unless it be otherwise specially provided, or there be something in the subject or context repugnant to such Interpretation
(dause.

XXVII. And be

this

construction.

XXVIII. Repealed. {See Section Law, page 257 in this work.)
Forms tobe those
.„„ .. the Schedules

I.

of the General Banking

XXIX. And be

it

enacted,

That

the several

notings, protests, notices thereof, and services of hereinbefore mentioned, shall be in the forms of the notice several Schedules of forms to this Act subjoined.
ill ^,

K Biu drawn
»road

_jleinO.Bto'
gut^ect to this Act in certain
particulars. .

and pajT' "'"\^

XXX. And whercas it is expedient to make provision for certain particulars in Foreign Bills of Exchange ; Be it therefore enacted, That all Bills drawn abroad upon any person in Lower Canada,

or payable or accepted at any place within Lower Canada, shall, as to all parties resident therein and liable on such Bills, be subjected to the provisions of this Act with respect to the days of "Tace for navment of the same; and commision and interest ' ° '" * thereon,

292

12 Vict.

.xoHAKo.

^

.oTBs' .OT,

(o. ..)

Cap. 22, 184^.

fe;ra:c;^\'d'^^^^^

such protest.

-^ Bms for „on-acP^^^^^n^' and the notification and service of

-h

1

1
1
,

1

>

1

1

&to

force, shall
if

be

MdT^d

charged

no

taken t^'belh"
is

?l'A''

^^^" ^^'^^^
5

suit or action

hrn^,Iw.^'°'"^^^^

P^^'^ '^"^ dis-

next after the

day on which

and payable, anrall when, or to be made after
held

sS

suclS

thri.fk,."*^'

S
l

'T°"' Y'*^^" ^^^ y«ar«
^^'^^^^ '*'f ' ^^'^^ ^^^^ »°t due

anrN^t"'"'

^°''^^' «^^^" »>« and taken Tobe absolut nniJ^ ? i"^° suit or action is brought «"°»^ the Jeo^whhlnr^'''^^'*^"^/^ "° oa which such Bills

T"

ofN^nVS^au^^^^^^^^^^^

XXXII. And be it enacted. That thi«j Ant ci,„ii commence and take effect on anH frnJVu ? day of August next. afterThepas'ngtof!''"'
.

"""''

Commoncemoai

£

w'S.^^

"«•"-««

^"''

--^«''.

H & 10 Tlct.. cap.

62. 1851,

page 29,

SCHEDULES.
FEES AND CHARGES.
For presenting and in.;d Bui of
notinfr

fm.

«,.„

.

^
oi:

s.

d.

E,„c:raS\::prrrLr

For making and furnishing 'the' Note, with duplicate Copy

acceptanceorL-payS^lh^lg^^^^^^^^^^

^anv Ln Jf^^ ^'"
^^«

'holder* 'o'f'anv'

R:n*

"
°'*

^

^

^

endorS.?f.???°^f!^^^ "P-

^-wrand

copy of the same, to an endorser or drawer
sixpence

^

o

«

shillings, if

forlTprol^LS^^it,? -f'^^^ '°'^^^^^'^f within
wi^thm

shillings

and
five

twoT!

one league,

293

Nal
''

11

'

12 Vict.

ixonA-KQE

KTfx>

notes' act,
1.

(o. e.)

Cap. 22, 1840

No.

NOTING FOR NON-ACCEPTANCE.
{Copy of
Bill

and Endorsements.)
,

On

the

at the request

to E. F., asual place of business in the city, town or village of and I received for answer, '• said Bill is therefore noted for non-accoptancc.

the above Bill was by me, 18 of presented for acceptance' the drawee, personally (or, at his residence, office or
,

^)

"

;

The

A.B,
Not. Pub.
,

18

.

Due
*^®
j

notice of the above

was by me

served upon
J

p

}''

Personally, on the day of endorser, j {or, at his residence, office or usual place of business in day of ,) on the {or, by depositing such notice, directed to him at in Her Mjyesty's Post Office in this city, town or village, on the

,

,

day of
thereon.)

,

and pre-paying the
A.
B.,

postage

Not. Pub.
f

18

.

No.
Protest
for

2.

non-acceptance or for non-payment of a Bill payable
generally.

{Copy of Bill and Endorsements.)

On
18

this

,1, A. B.,

day of in the year Notary Public, for Lower Canada, dwelling at in Lower Canada, at the request of did exhibit the original Bill of Exchange, whereof
F., the
"'"^'^^^^
\ ( I

a true copy

is

acceptor ) personally, (or, at his residence, office or usual place of business in ,) and, speaking to himself {or his wife, his clerk, or his servant, &c.,) did demand S acceptance '
(

above written, unto E.

thereof,

'

payment

thereof; unto

which demand

|^

|

answered,"

."

Wherefore I, the said Notary, at the request aforesaid, have protested, and by these presents do protest against the acceptor, 294 drawer

1

12 Vice.

«c„AK„,

^ ^„„,
j

„,^

(^ , ^

p^^

^^_

^^^^

..come f„rwa„t„f -op.ance j
All

P
„r,„^
^_^^^ ^^^^

«""

Im
k
<

which

I attest uncfer

my

1

•*!

sigmuure.
'I

(Protested iu duplicate.)

A. B., Not. Pub.

No.

8.

)'J'
(

Copy 0/

/?///

and Endorsements.
)

On
business
in

this

jjjjy

fl

18

,I,A.

B.,

Notary Public
,

for

Lower Canada,
Bill

,'" Lovver Canada, at the request of did exhibit the original

t^.^^
i

whereof a true copy is above written, unto E.
thereof, at
the said Bill is
did

of Exchange
^'^^^'^e

F., the
'

I

k„-

.,

.^

/

acceptor
^^^^^ "*^^^^
ft
"^3

payable, and

demand "

\
I

acceptance

ther^^Telte''"'' *

,

)

payment

°^ "^^ said

^

.

,

, .,

bill

;

he answered, "

unto which demand
,,

Wherefore I, the said Notary, at the rennp^f nf» protested, and by these presents^ do

-j

v.

protest^^r^LfZ''^^'

^^^'
.'
'

i

J"

'<;.

"5

.a

fctrrTSie^thtr^^^^^^^^^
e^change, re-excha^nge,
present
All All
.

lr:^TZ:!^Z^^:^^^
'

and to come, for want of| ^^^^eptance 1 payment LT which I attest under my
signature. (Protested in duplicate.)

)

( '

of the said Bi.

'I

;

A. B. Not. Pub.
^

No.

4.

' (I '^11

P.OT.ST for non-payment of a B.l,. „„™, bu. not pr„to.fed, non-acceptance.
'

kr

&e.,»

c™&.,-„4, „,

,•„

Ife fo,,

„„™*„

Ami

ai

e„™-ds,

on,

between

!8r?j

^n^ HHMA w ^ Hr
»f»lW
1

1
,

1

,

W!)i

'.7

1

*

.^

•tj

,

"1
'
^

'^f

«

12 Vict.

BXCHANGB AND KOTES'

ACT,

(0. B.)

Cap. 22, 1849.

between the words " did exhibit," the word " again ;" and, in a parenthesis, between the words " written unto," the words (" and

which

Bill

was by me

duly noted for non-acceptance on the
last.")

day of

if the Protest be not made by the same Notary, then it should folloio a copy of the original BUI and endorsements and noting

But

marked on the Bill, and then in the Protest introduce in a parenthesis, between the words " written unto," the words (" and which Bill was on the day of
last, by Public Notary for Lower Canada, noted for non-acceptance, as appears by his note thereof marked
,

on th6 said

Bill.")

No.
Peotest
for

5.

non-payment of a Note payable generally.

{Copy of Note and Endorsements.)

On
at

this
, 1,

year 18

day of in the A. B., Notary Public for Lower Canada, dwelling
,

in Lower Canada, at the request of did exhibit the original Promissory Note, whereof a true copy is above written, unto the promissor, per?onally, (or, at his residence, office or usual place of business in ,) and speaking to himself, (or his wife, his clerk, or his servant, &;c.,) did demand payment

thereof; unto

which demand

j

J^

[

answered,

."

Wherefore I, the said Notary, at the request aforesaid, have protested, and by these presents do protest against the promissor and endorsers of the said Note, and all other parties thereto or therein concerned, for all costs, damages and interest present and
to come, for

want of payment of the
1

said Note.

All

which

attest

under

my

signature.

(Protested in duplicate.)

A.

B.,

Not. Pub.

No.
Protest
for

6.

non-payment of a Note payable

at a particular place. Copy of Note and Endorsements.) (

On
18

this
I,

A.

B.,

day of in the year Notary Public for Lower Canada, dwelling at in Lower Canada, at the request of
,

whereof a true copy 396

is

did exhibit the original Promissory JNote above written, unto
the

,

)

12 Vict.

xxcHAKos AND KOTis'

ACT, (c. B.)
.,

Cap. 22, 1840.

and th'eJ: r'^'^^^^^ ''^^'^^ ^' ^'^ ^^'^.^^^'^ -^° which demand, he ^'swreV'

the promissor, at the said Note is payable,

Ko;«„*i,

"s&

^^^^

therein concerned

-^"-t aforesaid, have ?r^^ed!'::AX^^^^^ Ld endo;sers oHhe saiK^ .n7 n '1^^^'"'* ^^^ promissor ^" other parties
fya^lcoJ^'il
thereto, or

M

and

come, fortint o/ pTym;ntTtfe\^^^^^^^^ All which I attest under my
to

P--^

signature. (Protested in duplicate.)

A. B.,
JVot.

Pub.

No.

7.

Notarial Notice of a Noting or of a Pm+^cf r Protest for non-acceptance, or of a Prnflo* I-^ 01 Protest for non-payment of a Bill.
(Place
^^^

and date of Noting or of

Protest.)

To
at

P. Q., (the drawer.)

Sir,

Your

Bill

of Exchange for £

jatedat

'i

r

, days after
'^y
1

c

j

sight ^S^^' r^-^-'^^'^^^^^^^'^-p^^^^^^^ was this day, at the request j of

ptted

hy me
I

for
j

^p-Pf-

X
|

A.B.,
(/-/ace anrf date

2nd.

of Noting or of Protest '

To
at
Sir,

C. D. (endorser.)

(orF.G.)

r

v.'

.',

Mr. P. Q.'s
.

Bill

of

"

f--

,

^ of C.
^

^
D.,)

^
payable
this

Exchange for £ "Pon E. F.,

,,,,,,,
in your favor (or
J
^
t,

days after
at the request of
S
^

)

you endorsed,
'^"'^
(

was
)

day

«'f ''''' ^

J

'

proiesiea protested

^y

me

for

"O'^-acceptance.

)

non-payment.

J
ii..

>.

^1

297 No.
8.

p

12 Vict.

EXCHANGE AND NOTES*
No.
8.

ACT, (c. E.)

Cap. 22, 1849.

Notarial Notice of Protest

for

non-payment of a Note.

{Place and date of Protest.)

To
at
Sir,

Mr. P.
the

Q.'s Promissory Note for
(

£

dated at
r ^
> ^

days

i >

payable

<

months

after date to

and endorsed by you, day, at the request of duly protested by me for non-payment. A. B.,

^on was this

^^ ^E.F.
<

or order

)

Not. Pub.

No.

9.

Act of Notarial Service op Notice of a Protest for non-acceptance or non-payment of a Bill, or of non-payment of a Note (to
be subjoined to the Protest.)

And afterwards, I, the aforesaid protesting Notary Public, did serve due notice in the form prescribed by law, of the foregoing
f™'-'' f"
1

Z:pa;rn""
%;
the
I

°f
I

*"
i j

Z.

'hereby
I

prote,.-

ed upon
j

P;
|

^-™
on the

personally,

on the
or usual place
;

^^y of
of business in
or,

{or, at his residence, office,
,

day of
9"' j E*
j

by depositing such
,

notice, directed to the said

at

in

Her Majesty's Post
day of
I

Office in this city, (town,
,

or village,) on the the postage thereon.) In testimony whereof, year, at

and pre-paying

have, on the last mentioned day and aforesaid, signed these presents.

A.

B.,

Not. Pub.

No.

10.

Protest by a Justice of the Peace {where there is no Notary) for non-acceptance of a Bill, or non-payment of a Bill or Note.
(

Copy of Bill or Note and Endorsementc.)
,

On
I,

this
O.,

N.

day of in the year 18 one of Her Majestv's Justices of the Peace for '
298

the

District

14

&

15 Vict.

ExoHAi^aE ACT, TO EXPLAIN,

(c. E.)

Cap. 62, 1851.

m
A

and in presence of

_

'
.

.

„ iT a householder
,

I

,;

,

,

,

.

in the said
I

If

District,

wellknovvn unto me, exhibit the original
|

^^^

whereof

"1
>

a true copy

is

above written unto P. Q., the

accrpTor j

I thereof,
'i'

personally, (or, at his residence, office, or and speaking to himself, his , wife, his clerk or his servant, &c.,) did demand ^°°®P*^nce > ,, ,.. r . ,j " "^"^^"« f thereof, unto which

usteroVbusiness
\

j

payment

'demand

|

^^^

|

answered, «

the

re ?e

^ '^^^Y^^^^^^s do protest against drawer and endorf;rs promissor and endorsers hiH. j ( ( of the said ) ^^d ^ note, (acceptor, drawer and endorsers ) exchl^/;tV^r'° ""^. ^'^^^^^'^ concerned, for all exchanc^e exchange, and all costs, damages and interest, present and°to
(
,

:-v

^7^^:::"^^^lp:xr|ofthesaid|;;^j
(Protested in duplicate.)

(Signature of the witness.) {Signature and seal of the J.

H
LL^.y'

P.)

EILLS or EXCHAIVGE ACT, TO EXPLAIN, (C.E.)

CAP. LXII.
AN ACT TO EXPLAIN AM, AMEXX) TnE LAW CANADA EAST. RESPECTING BILLS OP EXCHANGE.

m

I"
[Assented
to,

SOth August, 1851.]

exist respecting the legal ettect of protests in the particular cases here.n after mentioned, made in the form pre cr?bed of this Provmce, passed in the twelfth of

WHEREAS doubts

i^o^"ii>ie.

vLr

bv the Act Her MaiP.f^.
the

-41

Bid. ofE.cha^n^ge

and Promissory Notes, and

p^-^^ti^
thereof

II

\

"i

14

&

15 Vict.

KXCHANGE ACT, TO IXPIAIK,

(o. E.)

Cap. 62, 1861.

Bills in certain cases, and it is expedient to continuance of such doubts, and also to amend the ''?^ Act Be it therefore enacted, &C., That notAB to protests wunstanduig the omission in any protest made made before the ^^singofthis singg tjjg passing of the said Act, of any Bill of Exchange or Promissory Note, of the statement of the period of the day in which the Protest was made, such protest shall be held and taken to have been made in the afternoon of the day of the date thereof, unless the contrary shall appear on the face of the protest any thing in the said Act to the contrary notwithstanding.

thereof,

and Foreign
tiie

prevent

:

;

enacted, That any protest made ^"^ ^^^ alter the passmg of this Act, in the form prescribed ijassmgofthis j^ ^he Said Act, sball be held and taken to have been and to be made in the afternoon of the day in which It bears date, unless the contrary shall apper upon the face of the protest.
As to protests made after the

^V^

III. And be it enacted, That in any action at law, or legal proceeding pending in Court in Lower Canada for the recovery of the amount of a protested Bill of Exchange or Promissory Note, in the protest M^hereof the omission shall exist of the statement, that such protest was made in the afternoon of the day on which it bears date, and such action or proceeding shall be contested by reason of such omission, and no judgment shall have been therein rendered on the merits by such Court, it shall be lawful for the party prosecuting therein, or his legal representatives, to present a petition to the Court in which such action or proceeding is pending, pleading this Act, praying that the benefit thereof be allowed him, and thereupon all and everv the objections based upon the omission aforesaid shall cease and have no effect, after such notice of the said petition shall have been given to the objecting party or his attorney on the record, as shall by the said

As to
cases

protests ia

now

pending.

be deemed sufficient, and thereupon it shall be lawful for the said Court to order the ejection from the record of any plea or defence or proof thereof based upon such omission, and to order a repleader or otherwise, in the said action and proceeding, as the Court in its discretion may, on good cause shown therefor, allow.
Proviso.

Court

according to law and the practice of the said Court

Provided always, that the party contesting be
liable to

shall not

costs of suit if he makes payment of the said amount before notice given to him of such petition, nor in any case to the costs arising from the said Petition.

any

^#

What evidetioo shall be required in actions on bills or notes.

And be it enacted. That in any action or founded on a Bill of Exchange or Promissory Note, against any party, no other evidence shall be required or adduced than such as, under the Act ^^^ aforesaid
IV.
suit

13

&

14 Vict.

EXTEACT FBOM THE PEOTEST ACT.

Cap

23, 1850.

foresaid of the Parliament of this Province, may be required or adduced an action or suit founded on a Ri nf Fv!t, °" aPromissory Note whereto all the ^" parses a^e traderf

m

^

I

"

V.

And be

!

lUl

'

-'I

mand

it enacted, That the Notarial deof payment, preliminary to the Protest of any

Tr

'^^

.
*

i

'ig-

yi. Provided always, and be it enacted. That nothing herem contained shall apply to anv mot^^t of any Bill of Exchange or ProSsLry

Sc?"

which any judgment of any Court of original '''" ''"' '^'" ''''^''''' previous'

Srupon

P^^
^'^'^" «'^'''"-

A"' "«' *» ^ppiy

to\e

passing of
;

''

EXTMCT EEOM THE PEOTEST
CAP. XXIII.

ACT.

fc^l W
IV.

it enacted. That no Clerk, Teller nm . ^ or Agent of any Bank, shall act is 1' P?Jf p^ ?*' ^"y ^"^ ^' Promissory feV"^rsf' JNote, payable at the Bank or anv nf itc a o-,,^^'^''''' '^ ^^^^^ «"«I» Clerk.¥eller. or AgenUs 'employed
..

m
Act

DPPICBRS OF BANKS NOT TO ACT AS NOTABIES.

AND be

^ Wi??^
i
.

.

And

for the

avoidance of doubts as to the

s«.bj

An

u,

<fj^'""^g' and Promusory

a.jj^ i-">""i;i^L?i,'k^".^v,r:'f*
BOs

«^

Foreign

w

NoU,,, and tie proteM^tCeof cerlaiM eases. Be it declared anf

eMcttd

or

m the acceptance thereof,
onl>,

the

same be made payab

e at

anv
pro-"

place

anu^nui onierwise

or elsewhere, and the

mise

;

12 Vict.

BILLS OF EXCnANOE ACT,

(C. TV.)

Cap. 76, 1849.

mise or acceptance shall be held to be qualified accordingly: Piwiso. Provided always, that this section shall not extend to Upper Canada.
Protests to be

prima facie
dence.

evi-

VI. And be it enacted, That from and after the passing of this Act, all Protests of Bills of Ex-

change and Promissory Notes shall be taken and received in all the Courts of Law and Equity in this Province to be primii facie evidence of the allegations and facts therein set forth and contained.

BILLS OF

EXCHANGE

ACT,

(C.

W.)

CAP. LXXVI.
AN ACT TO REGULATE THE RATES OP DAMAGES ON PROTESTED BILLS EXCHANGE IN CANDIDA WEST.
{Assented
to,

01

ZOth May, 1849.]

it is expedient for the purposes of Commerce that the law regulating the Rates of Damages on Protested Bills of Exchange in Upper Canada should be better defined Be it therefore enacted, &c.. That ^''^"^ ^"^ ^^^^'' *^® passing of this Act, the Rate of What shall be the Damages to be allowed and paid upon the usual rateVdamagcs ° i^„,.paymont protestfor non-paymeut of Bills of Exchange drawn, sold or negociated within Upper Canada, and although the same may not have been drawn on or by any person residing therein, shall in the following cases be as iollows

Preamble.

"TTTIIEREAS
T T

:

:

or persons at any place in Europe or in the West Indies, or in any part of America not within this Province or any other British North American Colony, and ftot within the Territory of the United States, ten per cent, upon the principal sum specified in such Bill.
Indiou, &c.

Drawn on Europe or West

First. If

such

Bill shall

have been drawn upon

any person

oSiSwu.t
Interest to bo also allowed.

Secondly. If such Bill shall have been drawn upon any person or persons in any of the other British North American Colonies, or in the United

States, four per cent, upon the principal sum specified in such Bill and in each and every of the foregoing cases, such

gj^

gj^g^n

j^jg^

j^g

Minum of interest on
302

the

amount for which the Bill

subject to six per centum per is drawn, to be

reckoned

'

12 Vict.

BILLS 0. .xcHAxoK ACT,

(c.

w.)

Cap. 76, 1840.

reckoned from the day of the date of the protest to he time of repayment, which amount shall be re ^^' imbursed to the holder «f fK.« r.., V '''' °^ ^^^ change the day when the

.1'^

"''^

"""?

'"'^•

»"''''' what '^'"'''''''^''

protes^^

to demand and recovei muchcmTent money of

ducelandrep^men^demrdeTtttisT^^^^^ suohBill returned under ""^ Totest^rnn

'^^^^
*

^"^

P^o-

*^', '^"'^'^^

^^ ^"7

Tm

purciise of another l3ill of fh. m1 same place, at the -m^ dSe^f s g / o^/C^^^^ and mterest above mentioned
the

SraTr^'^'^'' hT pt.tcras r.ft^^^ " ^^^" ''^
as llso *hfi
r*"®

''^^" ^^

«° ^^"^1 to ^^^

^

protesting the Bill ^ ' thereon.

and ^" °^^'^
""""^

TntW

''''P?"''''

damages °^'^°^''^= and

^^^^''S^^^ ^^nd

postages incurred

of

foufper'cenT'f''^'
of every

That damages at the rate
Damn^cs and

protests

Promissor7

negotiated within
at

some pace in

British

wise or elsewhere,
interest

Ink Amtlca"col1.fefexlp1"cral" Canada,
and
that

the TTnitpri <j*o/

{jppeSZ aS LSeUv »> **"" only
cases.

N^S

Ti

ftir

interest allowed iion-jiayinent

ft l>rouii.ssoiy

notes in certain

P'^y^'^'.e

",^"^ °^

^h^'

sur-h^.?

ra e of s"x n?r I^'^f ^ "'".P"' """^' '^ ^^ the date 'f ''^^^ ^^ ^^im' the curren? r.V be produced nn^^^^^^''^"^^ "^ '^' ^'''>' tliatistosay:theholdernfom;c. u "'^ •'ep^'^yment demanded,

thereon at the reckoned from the bursed to the holder at when the protest shall

Ty of

Tf^^f
I.

other'""^ '''^^'^'' ^^^h

and not

f

shall

be efledlo^tmlnTa^^^^^^^^^^^^
n,,..,.^../

endorsers thereof so miir.h
shall

"^ *"^

maker or
'^

eh e o"a f" u'""''''.' amount drawn on the sarne nl Jl . b1i o Exchange of the .i '^"'^ ^^'" °^ ^'^^^t' together with the damages Tnd^f^^^^^^^^
like

then be

equaUoXetu

also

the expense of proSsting'thf

postages incurred thereon.
III.

S td"
'

^^"^

^

irch'""'' and " charges

And be

it

enacted, That

when

the protest
Ilovr the rate of cxclimitre slmll be

maker or endorser in person, or in writing del vrred

^^

ascertained in case of dispute.

Commerce
t-ted
bill

in the Citv or Tow^ in ornot:, o^trag'^^'nrm

"

nearest to the res

dence

°' '^^^"*' such President or a rPr,?'^ stating the saia^ftTTllll^^^^^^^^

of^Lhhlu
o
'

S Mn t^r/^P^^"
»,•
'

[ ^^?^,''^
?

Chamber of
^%i
^-'?l

Setarv

" the City or Town ^"^ °^t'^'» ^om
otatuu

303

— *-

"-'-^

i"i.e

m

such

certificate

14

&

15 Vict.

EXCHANOB

ACT,

AMENDED,

(o.

w.)

Cap. 94, 1851.

certificate shall be final ard conclusive as to the then rate of exchange, and regulate the sum to be paid accordingly.

IV. And be it enacted, That all Bills, Drafts or Orders drawn by persons in Upper Canada, on interest after persons in this Province, or Promissory Notes Iirotetit. made or negotiated in Upper Canada, if protested for non-payment, shall be subject to six per centum per annum of interest from the date of the protest, or if interest be therein expressed as payable from a particular period, then from such period to the time of payment and that in such cases of protest the expense of noting and protesting, and the postages thereby incurred, shall be allowed and paid to the holder, over and above
'nland Bills or Notc'H to bear
;

the said interest.
Dnmaf^, &C., may bo recovered
thouji^h

not

ebpocially mentioned in the dULl.'< ration.

enacted, That in any action brought amount of any Bill, Draft, Order or Promissory Note, and the damages herein allowed, and the interest, expenses of noting and protesting, all other charges and postages incurred thereon,

V.

And be

it

to recover the

in the preceding sections of this Act, it be necessary to declare specially for such damages, expenses, charges and interest, but the same shall be allowed to the plaintiff at any trial, assessment or computation, as if the specified
shall not

and mentioned

same had been

specially declared for.

BILLS OF

EXCHANGE ACT,
CAP.XCIV.

(AMENDED.)

AN ACT TO AMEND THE LAW RESPECTING THE PROTESTINa OP EXCHANGE AND PROMISSORY NOTES, C.W.

BILLS OP

[^Assented to, ZOth August, 1851.]
it has been and is the custom of Merchants in Upper Canada, to cause Bilb of Exchange and Promissory Notes to be protested upon the same day on which such Bills or notes may have been dishonoured and whereas it is expedient to render such custom in all cases

Preamble.

WHEREAS

to be tnado on day of dishonour.
proteats

^^^^^ ' ^® ^^ therefore enacted, &c., That all Protcsts of Inland or Foreign Bills of Exchange or

Promissory Notes, for dishonour, either by nonacceptance or non-payment, may be made on the day of such dishonour, at any time after non-acceptance, or in case of nonpayment, at any time after the hour of three o'clock in the afteraoon.

304

E

14

&

15 Vict.

ExonAKOK ACT, AMB^DED,
''"''''^^^'

(o.

w.)

Cap. 9i, 1851

;

V ";

^"i"^

u\'^

'^^^'

"^

notice of such

^^"^ o^^^^^^ senlment of such Bill or Note, at any me duS m. ^Z '^T° P"*" such Protest shall be made or thpThl T •^"'^, "^"^y "'hereon
t
,

poses, upon the party to whom the samP shn^I K deposited in the Pos^OfficeTearesrtTtSaL

' f ?^"' *^ ^'f '^ ^^ ^h« P'^'-ties to such ?""- "^ ''-to,* and that such Notice shall *"««"" i^" '-'"•vod. be doom ed and taken to have been duly served to ollTnf .
Ril? o. Bill or

Nnf No e,

n "^'

^"^

P"''"

lowing

and that

be deemed and tnl-^n /^i, Uce, Sunda,; Ch

of this Act,

i abimg or Inanksgivm". D- *u J r^.i T^ Birthday of the Reiffnina Sovprpio-n an^ \Z the t^-

pt&r rS„T rT^Y^'

Tdtm'Lwd d%^ Sltfol tt^'"^ ''' snail, lor the purposes '''' ''"« J^^f^to" "FriryX^r'
tl.:

^

^''^

"!^

r'SS
'*">'''•
,

dical day; and that all Bills of Exchange Promissory Notes whereof the third

On what

lia^s

and

Bills

and Notes

shall fall

day of grace upon any non-juridical day, shJu become

aro to bo pres(!n4ed for acceptano« or payment.

IV.
i!

And

be

it

I?p''sr^ ^'
effect

f

enacted. That such Protests and *° ^^' ^«™« contained
'u^:'^''F
"''''^'^'^
'

iL
V.

^'

'*'

*^ *^e

For™, of Potest, ''°'^^""'=^

And

be

it

enacted. That the fees to betakpn

OF BILL8 OP
VI.

And

be

it

enacted,

^ply toUpper Canada only.

That

this

Act shall
Extent of Act.

SCHEDULE
On
this

A.

rOHM „, PROTEST OP A «,.. Or E.CHA.OB P„.

»0».P„„«T.

(J™

holder of the Bill of

Exchange hereunto annexed

I

805

'

^^'"^

^'^^

P'^°® ^^®^® *^e

same

is

payable,

14

&

15 Vict.

ExcHAirai) act, amthtdeb, (o. w.)

Cap. 94 I85i

payable, and speak inc to him, did demand payment of the said Bill ; to which demand he answered Wherefore I, the said Notary, at the request aforesaid, have protested, and do hereby solemnly protest, as well against all the parties to the said Bill, as against all other persons whom it may concern, for all interest, damages, costs, charges, expenses and °'^^^ 'o^s^s Suffered or to be suffered for want Woticemaiiedtho of payment of the said Bill. And afterwards, on the D iM*'*'' ^ day and year mentioned in the margin, I, the said Notary Public, did serve due Notice, according to Law, of the said Presentment, Non-payment and Protest of the said Bill, upon the several parties thereto, by depositing, in Her Majesty's Post ^"^ce at , being the nearest Post Office to the place of the said Presentment, Letters containing such Notices, one of which Lettera was addressed to each ol the said parties, severally ; the superscription and address of which Let ters are respectively copied below, as follows, that is to say
'

*

:

(Here insert the directions of the letters.) In testimony whereof, I have hereunto set my Hand and affixed my Seal of Office, the day and year first above written.
(Signature.)

L. g.

FOBM OF NOTICE TO PARTIES.

To Mr.
Sir,

(date.)

was

of Exchange dated on the drawn by on and accepted by (three months) after , payable the date thereof, at the Bank of in Toronto and endorsed by A. B. C. D. E. P„ &c., was this day presented by me for payment at the said Bank, and that payment thereof
Bill

Take

notice that

a

for the

sum

of

£

refused and that the holder of the said Bill looks to you for payment thereof. Also, take notice that the same Bill was protested by me for

non-payment,

Your obedient servant,
A. B., Notary
feU

Public.

The alovefonru may be changed to niit ProteH* for non-aeceptanct vr non-mor iwn-jmy e ment o/ BxlU, or non-pnyment of Notei.

SCHEDULE
For the Protest of any For every Notice
Bill

B.
C.

PEES ON tSCiXSTINO NOTES, tC, IN

W.
2.
i.

or Note,

e! 3*

(See Section V.)

USUBY

16 Vict.

cauar laws ebpiiai act.

Cap. 80, 1868.

*i

USURY LAWS REPEAL ACT.
CAP. LXXX.
AN ACT TO MODIFY THE USURY LAWS,
[Assented
to,

2i{k

Much,

1853.]

certain extent, and n.oneylent, aid to

expedient to abolish all prolubitions and penalties on the iendini of money at any rate of interest whatsoever
it is

WHEREAS

^''•""'"''le.

no further

amend

loan of money at interest thefifthseetioLf

Governor and Legislative Council of he •" r-teenth year of the lieign o7h stt. Majesty ol His late m' King George the Toird mtituled^n 0.rf,-„a„ee for ascertaining damages
by the

theSnatl a^^^^^^

S Si^v Ttt^
b1

Jl IT^Z

ami
*

\

to .nf ce . enfo to
*"*'^''««t

a

f'^^ ^^"^^ '"'^^'"^ '^ the

fu^'/''

P^^

on

^«-'

^^^^

a-or'Wl?ILPre^A'S^-

LT

^

SU"'

//f >7, c»>">da si ^- "

first

Parliamentof the ptvi^ce of UnnTr ^'^ year of His saU^M^e^?^^^^^^^^^^

''^ ^''^

^^' «f the
^''
''^

r«;,.a/

an Ordinance of the

ProvimTofOulhl' ^!?

\for ascertainingdamagesin prSeSSiTnf Z^^^'^'"'''''''' 'jkingtherate%f interest in^Tproi^e t^^''''^'^''''^ Quebec;' also to ascertain damages on protested ^///TTS? ; ^ andjicing the rate ofinteresti thZ^Kovti ie L^f''"'"''^'' are province, be, and the same hereby repealed.

$

n.

nereafter made in thp loan /... f^^U tfle Inn I, or
of

enacted, That no contract to be „ P^nait'-^s for anv oart of thio rrOVmCe, for usury, abolished. r "t IniS p,.^,,: ,. ^ forbearance of money or monev's worH, n* ^^*« interest whatsoever, and no mvtn^Tfn J!^^^^' ^*
it

And be

%

contract,
liable

shall

make any

oartv

to

any

loss,

minal, for

standing.

usury; any ^

forkZtZXZtZ^^^^^ ^ ^'^'^
Law or

t7^fl

^'^^"ance of such

^7

'"' ^"*^' Nta ufp fo f >1 contrary ^^"^® '° t°® notwith-

^'^*y^' nevertheless, and be it every such COntrarf -inA o„»-„ «rify for the sa-n/shalfbeTo d ,0 f^^^d sT
pnP; ^'Z'u^'^ snactea, Ihat
of

Contracts and se.

TT-^-S
forbearance
u

made payable above the rate of Six One Hundred Pound., for « Li!!

Pounds

307

"

•''^'***

i!"T. ^°': /^^^ **"" "*^ *^*''

fnr tu^ e

rate ol SIX per cent.

16 Vict.

OCUUENOT AMENDMKNT ACT.

Cap. 158, 1853

cent, interest, or such lower rate of interest as

may have

l)cen

agreed upon, shall bo ullowccl and recovered in all cusi;n where it is the agreement of the parties (hat interest shall he paid.

And he it enacted, That nothing in this Act be construed to apply to any Ihinlc or Banking Institution or to any Insurance Company, or to any (Corporation or Association of persons heretofore authorized by law to lend or borrow money at a rate of interest higher than six per oentum per annum.
Ant
iiiit to apply lo ItuiikH, Hv.

IV.

phalj

CUEEENCY AMENDMENT
CAP. CLVIII.
AN ACT TO UKOULATE THE CURRENCY.
[Assented
to,

ACT.

Uth

June, 1853.]

Preamble.

WHEREAS

it is

desirable to adopt a Currency

for this Province,

which may

hereafter be

advantageously made common to all the Provinces of British North America, as being simple and convenient in itself and well calculated to facilitate their commercial intercourse with
other parts of this continent : Be it therefore enacted, &c., That the Act passed in the Session held in the fourth Acta 4 & 6 Vict. and fifth years of Her Majesty's Reign, and COS.
intituled.

An

Act

to regidate the

Currency of

this

Province, and the act passed in the Session held in the thirteenth and fourteenth years of Her Majesty's Reign, and i»* 14 Vict., intituled, An Act to alter the rate at which certain
Silver Coins shall he a legal tender, and the Act passed in the Session held in the fourteenth and fifteeenth years of Her Majesty's Reign, and intituled. An Act to ^'''*"' *^ jorouiWe for the introduction of the Decimal System iff and into the Currency of this Province, and otherwvn to amend the laws relative to the Currency, and the Act passed in

the Session last aforesaid,
*^

and

intituled,

An

Act

extend the Provisions of the Currency Act to certain Gold and Silver Coins coined after tht periods in the said Act limited, shall be repealed from and after
it*cpc^wii'

/o

^^'^-

the time

when

this

Act
all

shall

come

into

force:

Provided always, that

Acts, parts of Acts and
provisioui

308

10

Viofc.

CPBBBNOT AMEHDMKNT
rq)6.ile(

ACT.

Cap. 158, 1863.
•I

-d
'II

rwTiain

;

And
said

provided

also

oflencos ntruinst

that

al

tlio

Acts or

m.ttod

,o,orc this

at.y ol" thorn

punched and otherwise dealt with a«
II.

Act shall como into
ii'

Lor may
this

com

'''"'^
..
1
}'i

he
ru^t

tried

ActTd

been
'
I

And be

it

ol

monoy

in the

nniiiifk doll-.i-c pounds, Uoll. us

the .lenominations this Province shnll hn "'^ A 'ovincc, snail 1)0 c.l.;if shdhngs, pence, cents and inills-

enacted,

That

Currency of

.¥**'

•'""»'"''»-

tionsofourrmu
'""'""•

"^ agreement, indictment or legal proceeding ' '^f'"''i""'-i'''«mie» be monfinnt./i '-^n^l 0^,11 -i described in pounds, shillings and ncnco or in rill
thV the

I™ same

(

may

.

1

shall gnaii

one

to ho equivalent to and to represent hundred and one grains, and three hund e'j and
1

be^ty/' r^'"'^-' be liel

V'""'

^'"^

P"""^' Clurrency
>;"">"»

"

-un^noy

snail

? 111 i.„ held ue

'^'-y ^'-gh of Gold of the StaSd"nf r""'''"^^*^^ '^ ^ ^'•'^'"' "'^" tKiilf J^'ng'iom and the Dollar k"'1 ^""^T^"' byiawlbrthe Gold Co his
;

Currency

to be equivalent to

and

to represent

J*""'"' •'""one,.

to .the

hke al]owa„ce for remedy as Ijri.Lh dold

R(;mody.

.haIl''l,o"lln „,= ?r

"

W

""f '"'

""' That the Pound Sterling
"1""'
">

P""'"!. torn

Pound storting. ---.-•.

UHUsli Goia

•" ?'''"'""^' ^^"^^'' according to the 1 proportion aforesaid, to their Sterling value

r^' "T'

Coiiiij,

V. Provided always and be
alhxed to the

it

enacted

Thnf
t

wonls "Sterling," "Sterling Money

I!

rru'Sili;.^

of

16

Vict,

OUBBENOT AMKKDMEIfT ACT.

Cap. 158, 1853,

^^ ^^^^at Britain," or other words of like import in any Law in force in this Province, or in any part thereof, at the time when the Act herein first above cited and repealed came into force, or in any contract or agreement then made therein, but any such law, contract or agreement shall be construed according to the intention of the Legislature or of the parties who made the same but in any law, contract or agreement made in this Province after the said Act came into force, or to be made after this Act shall come into force, the Pound Sterling shall be understood to have the value in Currency hereby assigned to the British Sovereign. miXbSbre fhu
ActshaUbein
**^'
;

VI. And be it enacted, That the Public Accounts of this Province shall be kept in such of the denominations of current money of this Province direct. hereinbefore mentioned, as Her Majesty shall from time to time direct, but that all sums of money and accounts may be legally mentioned, described and stated in any of the said denominations,
tublic accounts such denominations as Her Majesty shall
to be kept in

^hat such Silver Coins direct to be struck at the Koyal Mint, of the fineness now fixed by law for iSuffi"'' the silver coins of the United Kingdom, and of weights bearin^" respectively the same proportion to the value to
siivercoinsstruck bv order of Her

as ^S' Majesty Her

^"^ .^^

'^

may

^"^^^^.f

be assigned to such coins in this Province, which the weights of the silver coins of the United Kingdom bear to the value assigned to them in the United Kingdom, shall, by such names as shall be assigned to them by Her Majesty in Her Royal Proclamation declaring them lawful money of this Province, pass current and be a legal tender at the rates assigned to them respectively in such Proclamation.

^"^ ^® '^ enacted. That until it shall be J"^'Otherwise ordered by Her Majesty's Royal Proclamation, the Silver Coins of the United Kingdom, while lawfully current therein, shall pass current in this Province for sums in currency, equal, according to the proportion hereinSilver Coins of

United Kingdom.

before fixed, to the sums in sterling for which they respectivelv pass current in the United Kingdom, but after the time to be fixed for that purpose in any such Proclamation as No Silver Coins to pass excopt aforesaid, they shall cease to be current money in those made legal this Province; and no other Silver Coins than by tliis Act. those declared to be so by this Act shall be a legal tender or current money in this Province,
Amount
of Silver in atiy one i)aymcnt limited.

IX. Provided always, and be it enacted. That the Silver Coins mentioned in either of the two next preceding sections, shall not be a legal tender
Shillings currency,

to the

amount of more than Two Pounds Ten 310

U

16 Vict.

cBBUBKor

ah™.„„

io,.

Cap. 158, 1853

Pou''nds

Ten

more than that amount in such Silvpt

Shillf„nS:c^tirZ7tll^.'r "^^^ *° receive
r?

""^

*

,'

1

pavment at any of such notes be for^aC sum

notes if presented for

'

'"
''

J";

^^^^°"SH each or

Ft^^'"^"*

*^^

«"«»»

U^erein.

pass

Province, to the
in

cuS aSet leVa^L^^^^^^^^ -'--Samounf nf n„l
qu-ii-

'\
I-

1

^" *^'^

Copper

CeS^and an/othe/TubJiron^of'^ri^^^^^^
proportionate

any one paymenTat he Sn^ Penn/for'wo Ce„t°

tr^

"'"^ """^""^y ^"^ no more '' *° «^y= ^^^^ "^'"''^^f'
''''

"'/^ci to be copnor coins to struck for the purpose shall m^c "'• " legal tender in thirProvtncratth^^^^^^ amount in any one ?"'' '? '^' '^^e «"ch such Copper Coins be struck, Her feestv mav ?f k Proclamation that the •'^^*' declare by not be lawful moneTof ' ^^^"S^°'« «hall 1 ft '^ ^^^'' ^ ^^^ *« be appointed in such Proclamation

^^^"^ ^^^^^ ^""^ sums: Provided alwav. Copper Coins of like weigh afl.'^J ,^-^-- «respectively, which Her ''^"'•^-' LjesTy miy

swithS LeU: n,y

Z?

T

paJS

T'

cSrLSfll^T^r
thTpro^l

^T^

*»,^TT^."^ ^o

^'

^"^^''ed,

That the Gold Ea^le nf
Bates at which American Gold
Coins shall pass.

""'"'''' "'' '^ ^ent or Pounds thirteenSlSsSrC n Eagle of like dat^S „ ." P™"^'- «u™ncy, and the weight foil one-half fc said'.„„>'

two

Half

Wy, ™e
sa.d
for

coined after the

Z t GcJdKKl! mpniS?
day
last

"'."f

;="<!

United States,
""'

day, but while the stf ndaJd ofTne^e3s fixed by the ^ Corns then aws of thp Wi^ TTnU oT ^"^^^^^^ates shall remain unchanged, and vveiffhhiV en weigf t. Shan '^-^^ ^^^^

thouldtight htdred Tnd flfT

""'/^'^ "^

T

fel T ^V^"
.

pasSS

nl

aS

teM Ifv currency: and the Gold Coins of the said UnUed nf "^' of the said Eagle and of IiLh..' '1"^ '""^''P^^^ ''' ^^^^^'

ten Dollars or

two pounds

bTa'^S^; '"'^'' "'f

^" ^^"'

P^'"^' ^^°^^»«e

sS
""

shall

pass current a^d be

proportionate sums. XII. And be it enacted, a any time declare

at.IfterdtWh-^T^"^'^^^ '" *^'^ Province for
'^

That Her Maiestv mav by Proclamation, that a^wor
^T

other foreiifn Gold Coins may
1)1!

matin current
i]

311

loroiga Nation or State

by rrovlamation.
k

shaU

16 Vict.
shall pass current

CUEEETTOT

AMENDMENT

ACT.

Cap. 158, 1853.

and be a legal tender in this Province, at rates in Currency to be assigned to them respectively in such Proclamation, when of the weights to be also assigned therein, such rates being proportionate to the quantity of pure gold in such coin, reckoning ninety-two grains, and eight hundred and seventy-seven thousandths of a grain of pure gold as equivalent to one pound currency.
XIII. And be it enacted, That if any person shall colour or gild, or case over with gold or silver, or with any wash or materials producing the colour of gold or silver, any coin of coarse gold or of conrse feit Coin, silver, or of base metal, resembling any coin made or declared to be current by this Act, or shall make or cause to be made, or shall buy, sell or procure for himself or for another or shall knowingly bring and import, or cause to be brought and imported into this Province, any forged, false or counterfeit gold silver or copper coin, like to any of the gold, silver or copper coin made or declared by this Act to be lawfully current, or any coin of coarse gold or of coarse silver, or of base metal coloured gilded or cased over with gold or silver, or with any wash or materials producing the colour of gold or silver, and resembling any such coin, or any piece of gilded silver resembling any such coin, or shall utter or attempt to utter, or tender in payment to any person or persons (as being any of the gold, silver or copper coins hereby made or declared to be current money,) any false or counterfeit piece, counterfeited to any of the gold, silver or copper coins made or declared to be cuiTcnt by this Act, or to any of the higher or lower denominations thereof, knowing the same to be' false or counterfeit, such person shall be guilty of a
Punishment of
persons fountericitinj? Coil!, or uttenng counter-

M

im'SBtnt

misdemeanor, and on being duly convicted shall be liable' to be imprisoned and kept at hard labour in the Provincial Penitentiary for not less than three nor more than fourteen years, in the discretion of the court before which the conviction shall be had and if such person shall afterwards offend in like manner, he or she shall for such second or for any subsequent offence, be deemed guilty of felony, and on being thereof duly convicted, shall be liable to be imprisoned in the said Penitentiary for life, or for any term not less than fourteen years, in the discretion of the Court before which the conviction shall be had.
;

6

i,

M

enacted. That if any person stamp, engrave, repair (lies, staniiis, Ac, or mend, or shall assist in forming, making, cutting, Ibrcoiiiiterfcitiiig or liavinir tlicni sinking, stamping, engraving, repairing or'mending, in pussefisiou. or shall have in his or her possession, except for some known and lawful purpose, any false or counterfeit coin, conterfeit to any coin lawfully current under the authority of this Act, or any die, press, tool or instrument, or metal or mateit

Punishmont of

XIV. And be

persons niakine

shall form,

makn,

cut, sink,

312

rial

'I

16 Vict.

CCEBENOr AMENDMENT ACT.

Cap. 158, 1853.
}

rialofanykind, used, constructed, a " devised id^ntPrl nv de.signed ^^^'' or for the purpose of counterfeitin nr imitating any Coin which shall be lawfully unJ^r^l^^ person shall be^un ty of a mirdei/"'^°"'r f * ,''^ ^^^' «^«^ '^'" ^" "^^l^ *« punishment and' V'"u •*'^' '"^^ ^''^'^ °^ Uuerfeitcoin^rsuShdienrel^tnT

cuS

lur

?

1

accSrW
or

Z

was th; nn Le lawful purpc^i:hSirup^?hr:;r' "'' P"^^" '^^
in

material paired or

was formeT made

mendedZ

°^ ^cT\ ?1 "V^'^'T'"^' "^^^^^ re'^^'"P.'^' ^"S'-^ved,
'

1

(

XV. And be it enacted, That it shall be lawful for any one Justice of the Peace on complaint made befm^ lum upon the oath of
that there is just

Power
tt'il'cit

to issue

one credibrpe^on

wari.aiits to soarch Cor coun-

cause to suspect that any pei-son

ing Tools, &c. "«—.*«.

Coin, coin-

under the hand of Tuch

JusS of

f

h

^p

'^

'' '^^oresaid, by warrant

P*^"^^""^ whomsoever, not bavinthe same fnr !nm?i ^ some lawful purpose, it shall and may be lawfd to and for .nv

rT

X\I. And be it enacted, That whom any pretended Gold, Silver any or
snail

person to

DC tendeied in payment,

Coiner Co n which shall by the

t^f'^r' ^t"
i"'^'"^'".

^«-

len<lei-od

i

sl,a

l.a»c

cut or

bX

I

leirTln
,Tt

Vh

*.n

t^'-

IT"

<^™"t"lein tho pcson who ""^ P"soi, ,vl,o shaU

-w,

1, ,„.„.i. 313

„,

,.„„'>. ,a

'.g

;<;»_iw..
may
three

16

Vict.

LAW OF EVJDBUCB,

(o.

w.)

Cap. 19, 1852-3.

three skilful persons, the decision of a m^gority of whom shall be
final.

XVII. And be it enacted, That if any false or counterfeit Coin shall be produced in any Court ol Law, the Court shall order the same io be cut in pieces in open Court or in the presence of a Justice of the Peace, and then delivered to or for the lawful owner thereof) if any such lawful owner there be claiming the same.
Countorfeit Coin gnxiueediii Court > be broken, &c.

VI

enacted, That any person who attempt to utter or offer in *^ beanusdemcanor y-^ P i f n . ^ZZ payment, as bemg lawfully current, any Gold Coin of less than its lawful weight, or shall diminish the weight of any such Coin with intent to utter or o3er it in payment as lawfully current, shall be guilty of a misdemeanor, and on being duly convicted shall be liable to be punished accordingly.
Wiiftiiiy tendering light Coin, to

XVllI.
.

And be

it

shall knowinsrly utter,

Evidence in cases ^"]|»^esagainst

^^^' ^^^ ^0 It enacted, That on any trial for any offcnce under this Act, it shall not be necessary to call any Officer of the Mint or other person

i

employed in producing the lawful Coin, in order to prove any counterfeit to be such, but the fact may be proved by any evidence which shall be satisfactory to the Jury trying the case.

XX. And be it enacted. That this Act shall have force and effect upon, from and after the day to be appointed by Her Majesty for that purpose, by Proclamation, and not before.
Commencement
of Act,

LAW

OF EVIDENCE,
CAP. XIX.

(C.

W.)

AN ACT TO EEPBAL THE ACTS THEREIN MENTIONED, AND TO IMPROVE THE LAW OP EVIDENCE IN CANADA WEST.
[Assented
Preamble,
to,

10th November, 1852.]

inquiry after truth in Courts of often obstructed by incapacities C" eated by Laws, and it is desirable that full information as to lue facts in issue, both in Criminal and Civil cases, should be laid before the persons who are appointed to decide upon them,

XXT'HEREAS the
T T
Justice
is

314

and

16 Vict.

x^^ o^ ^^^^^^^

^^

^^

if*'l

^^^

^^^

^^^^^
•fl

°n the cretherefore eTacted&fThn? '" *^" ''"'^^^ **^^'^ t^^timony '^''"^ as a witness shaKeate;' ^^r^ o-^-d" be rf incapacity from Crimfor inSst' certain causes. evidence, either in nerson f*;'*''^^^"?. Saving or deposition, according practice of the Court on tLL' i^ to the

dfotl'v^LrsraV^^^^^^^^^^
it

Be

f.dXT

tm'

S
»<>

-;>

"f^'--

^nd
«hall

be admittlfand cXetble tYSff'r-/^^''^^' ^^^^^^ ^'^^ Evidence on Oath, or solemn affirmation in thoS^^! u '''" affirmation is by Law receivable, ^o^uJth ?andW th«? ""^k an interest in trmltLr^g P'''°l^ "^^^ «^ ^h^" ^^ve nnl " question or in the event of the trial of anv Is<?np mJI!

LmiZZilnce ZltLfT'"

^"^^^^^^

hear, receive

^

T^

coated
h,s

of

Act

fny ertae:.^r„:e1Xr^^^^^^^^
not render competent or *thorizi

shall

^&'S1Sl.
SStr""

Sorof,Srw5'?-i'"'%'=°"'''"^''°J'««'»tiir,
right

any defendam

b

™i

tatl'

?''" P^'!'™

«

whose

becalled

and

eSiistSl""^
th?o;St:

'" ''"^*^'"'

P™=^'"""S

fee
the
at
II.

'"'' "' Record, shall no' be fab e f n the instance of p^^^^^^^

^^ir^^fTcr

f ?^F'"^^^^^^ Y
oppS
either

P^^^^^^^g "^med in '' ' ""-- ^y or
A party to any
civil suit

-"
maybe
:

>

IMPROVE

And be it enacted, That whenever anv nartv such proceeding shall desire to calHhe par as a witness, he shall y

m

,

party or give to him or his Attorney at^l^a ? days no ice of the intention to exami ifh witness in the cause,

subpLnf^uch

eS
.

and

if

such pTrty

S^aT dS^^^^f
315
^

Si

mis

alty on such party

not

"—
and how

as a witness by tlio opposite! party

summonod

Pen-

not attending.

.^^^^^^^^

shall

be

«on-oUit ur ine proceedings in

such
I

(b

IJ

:

10 Vict.

lAW or EVTDENOH,

(o.

w.)

Cap. 19, 1852-3.

such Action or such Suit, may be postponed by such Court or Judge, on such terms as such Court or Judge shall see fit to impose.
Commission
III.

And

be

it

enacted, That whenever a party

Upper Canada, it shall be lawful for the Court in which such suit or action is brought, or any Judge in Chambers, at the instance of the oi)posite party, to issue a Commission for the examination of such party in the same manner as a Commission may be issued from any of the Superior Courts for the Examination of Witnesses; and if such party shall refuse to attend before such Commissioners, such refusal, proved by affidavit or otherwise, to the satisfaotion of a Judge of the Court in which the suit is had, shall authorize a verdict or judgment to pass against such party, or ha Proviso. shall become non-suit: Provided that no such Commission shall be issued unless the party requiring such Commission shall state under oath, by affidavit, the facts intended to be proved before such Commission, and then the said Judge after being satisfied that such Commission is applied for in good faith, and not ''..r purposes of delay, may issue such Commission.
Canoila VV(!st penalty if.suoh party rolliiio to Attend.

When

the i)arty to bo cxaminod roei(l<!!j out of

to

any such

suit or action is resident out of

IV. And be it enacted. That nothing herein contained shall render any person, who, in any prooft'onco. nut to ceeding, is charged with the Commission of any give cvideiieo for or asaiiist liimindictable offence, or any offence punishal)le on sulf, &c. summary conviction, competent or compellable to give evidence for or against himself or herself, or shall, in any such proceeding, render any husband competent or compellable to give evidence for or against his wife, or any w^ife competent or compellable to give evidence for or against her husband, or shall, in any civil proceeding, render any person compellable to answer any question tending to criminate himself or herself, or to subject him or her to any prosecution for any penalty.
Party changed with a cilnihial

lii:

V. And be it enacted. That whenever any person has died or shall hereafter die in any of Her JMajesty's possessions out of Upper Canada, having made a will sufficient to pass real estate in Upper Canada, and whereby any such estate shall be devised, charged or affected, and such Will shall have been duly proved in any Court having the proof and issuing jirobate of wills in any of such possessions, and shall remain filed in such Court, the production of the Probate of such Will or a certificate of the Judge, Registrar or Clerk of such Court, ihrii the original is filed and remains in such Court, and purpoiis to have been executed before fwo \vitnesses, shall be sufficient primii facie evidence in any Court of Law or Equity in Upper Canada, in 316 any
Probatfi of Will of a person (King out of C. W.. lint in Her Majesty's possessions, may be received in evidence.

'

10, 1852-3.

16 Vict.

ra^ OF BviDEKOE,

(o.

w.)

h Court or
see
lit

Cap. 19, 1852-3.

to

er a party it of Upper
't

Provided always, that

any proceeding concerning such Real F^tnfn «r o i. i^m °' ^"^^ Will and the contents thereof, and of tbt i '^^'"^'^^ ^° ^'^ to pass Ileal EstTe \vithom U^Tod,,^,^rn"^ r^?^

1

.

'

.*,:
•'«:

nricfof'lSStil'to

''7''^ ""''

I

in which Judge in

:V
JJovided
1.1S0.

)site

party,

thafL'tt^obtrCeSir^

""''' ^"'^
p''

it

ion of such

ssued from Witnesses; ammissionle satisfaoI,

shall au-

Bucn court ot Law or Equity, *" ""•"•t ""mor any Judge thei/of, such Court or "' ^^^Judge shall find any rea on to tioT doubt the suflic encv of the exprnfinn^p ^iV?„ Real Estate as aforesa d and shdl '"t ^'" *^ P«^« «»«'^ ''''' "' '''^'' ^'^^""^^i«g the production of
.

Ik

suXprotte

'

)arty, or ha
t

no such such Cornto

intended
said

tioned, shall

be

Judge

for in good

ommission.
herein conin

therein stated Registrar or Clerk, rity or signature.

the

facts

sufficfentVS tfj^^^^^^^^^ and of t^ a

«'S^"^
thcrcm stated.

m

Sout any pro ^^

*^^. J^fS^^^^^^^^^ ^^^ appointment,

J"^^*''

^

autho-

And be

it

enacted, That whenever in any

any

pro-

ion of any
iishal)le

on

ipellable to
lall,

in any
;^^'^'"'«^'-.^''«» vvith the Will annexed, shall be received a^^df dence of the due '^"''\ ''' "of'suS l^and^o?' tf thereof, in the same manner as if he original Un^^^^^^ produc3d, and the execution thereof proven hv th! k -u^^" '"^^°"^^ng witnesses thereto; subject nevPrfhpll<K f !V ^ '^^^^'" before in the fifth Tc^^^^^^^^^ '*" the opposite party of the '° inten.fon to usrsucTpr;^^^^^ in ace of the original Will, and p to any o"de, a ^^^^^^^^ by the Judge or Court disallowing '"^'^'^ the pioauction ol ^ prXction the same as therem mentioned.

;ompellable

competent
lusbaiid, or

exeLS

W

ipellable to
herself, or
ity. ;r

secS hfI

any
of

per-

my
1

Her

T''

inada, havestate in estate shall

oX

'

'I

have been

yilL

And be

it

ng
L

probate

led in such
certificate

action or other legal proceeding shall henceforth be pending in any of the Superior Courts! or n

enacted, That whenever any

Judge may oompel a party to allow opposite party to insipeot documents, Ac.

he original have been

mmti

facie

Canada, in any

such Oi.i.o.iu;^parLy relating to such action or other legal proceeding^

r

'
16 Vict.

tAW or

EVTDisKCi!, (o. w.)

Cap. 19, 1852-3.

ceedlng, and if necessary, to take examined copies of the same, in all cases in which previous to the passing of this Act a discovery might have been obtained by filing a Bill, or by any other jjroceeding in a Court of Equity, at the instance of the party so making application as aforesaid to the said Court or Judge : Provided also that such application may Proviso.

be made to and granted by a Judge of a County Court in suits depending in the said Superior Courts, in the sam« manner and under such circumstances as is provided for similar applications in the said Courts, by the thirty-fifth section of the

Act passed
Act 12 Vict.

in the twelfth year of

c. fi3.

Her Majesty's Reign, intituled, -^^ ^^' '*' "^^^^- farther provision for the administration of Justice by the establishment of an ad-

Error and Appeal
b^

ditional Superior Court of in Upper

Common Law, and also a Court Canada, andfor other pw poses.

of

IX. And be it enacted, That whenever any book or Other documcnt is of so public a nature as to be admissible in evidence on its mere production from 'cS^^n°ci^s. the proper custody, and no Statute exists which renders its contents provable by means of a copy, any copy thereof or extract therefrom shall be admissible in evidence in any Court of Justice, or before any person now or hereafter having by law or by consent of parties, authority to hear, receive and examine evidence, provided it be proven to be an examined copy or extract, or provided it purport to be signed and certified as a true copy or extract by the Officer to whose ^ ^^ custody the original is entrusted, and which Officer ci»a?I^ethS. to giTo^ortiftod is hereby required to furnish such certified copy or extract to any person applying at a reasonable time for the same, upon payment of a reasonable sum for the same, not exceeding sixpence for every folio of one hundred words.
dwuments*to
.

X. And be it enacted, That if any Officer authorized or required by this Act, or by any law or false certilicates. usage now in force in Upper Canada, to furnish any certified copies or extracts, shall wilfully certify any document as being a true copy or extr, ;£, knowing that the same is not a true copy or extract, as the case may be, he shall be guilty
Punblunent of
Offlcers giving

of a misdemeanor, and be liable upon conviction to imprisonment for any term not exceeding Eighteen months.
Punishment of persons forging dooiunents, ko., or using them knowing them to
i.

XI. And be it enacted, That if any person shall forge any seal, stamp or signature of any document

beforg^L

Act mentioned or referred to, or shall tender any such document with a false or counterfeit seal, stamp or signature thereto, knowin this in evidence to

ing the

same

be false or counterfeit, he shall be guilty of
felony,

318

16 Vict.

^^^ OF mD.ycE,

(c.

w.)

Cap. 19, 1852-3.

ttx^tL^^te^^^^^^^^^^
years, or to

exceeding ten imprisonmen in anv P? with hard labour, for any °' 1?°"'^ °^ Correction term nS than two months: ^^^^ ^'^ ^^^^ ment sha have been ai^mUt^A ^^' •? ti " aamitted 1 evidence hv Poc«raent mwr *.,« r iUvirtue of this Act, the on P^ bo impo,mde7oi Court or th^ rl

/«™„not

;-^'« *«

-p-on.e„t

m

^1

A^dThXr^lrSl^cr -^
m
whom
the

shall

of

any party against

have admitted the same

m' 'a Creal? sLe is admUted

^'^

^^
"
^"'. ^^

!n%rcrod Xt'ote^f^^^^^^^^^^^^^^ such period and sXect " T °^'''' P''°P^'' P^^-^^"' ?o tl^ set^L^meeUntvTr^'Xn" ^° ''' '''' Th^lfrr^^"
for

convicted,

have been committed in '^^ charged to the Count^Zl} '" be apprehended or be in ^^^» custody and ev^irf "^^''K^^ accessory before or after the fact to any such ^.-^'^ '^''^' ^"^^^^ed and tried, and if convLted sentenUn ^ a

sentencera^d'h^Uentmlfbtjdld'^'h

Xnce LTk^
^

have

had passed fo.

proceedings whatever, Jecal nrooppriinr!. anv Certainaiiegv be set ou^ i. shall not be »?,'" P=fsons who acted as fy Prj""'""; 1*"^°" Jurors had made afiirniatir.nir,=f.= J Jr ? .t i °""'' •»"« "ay. be stated that they served as JuC"„'"f.t^ °f
legal

principal offender may be tried. XII. And be it enacted,

been committed tanTcountv or

°^'"\"
nl^^'

^
in

'''^

'^''^ '^ '" ^'^^^^ the

That whenever

"

neX7tr±,|S

^^

SS'"-

«^

e„ahh7,

'^^o^'lT^^'^Z^J ^^^^^^

and fifteenth years of
intituled.

Her Maipsf^v p

.""•'"^"'^'*

An

Act to aw^ewrf

L dS

uAisviotc.
"^ '*'^'^-

^

J^'^"?'

^^'^

done ®. '^™*'° ^« ^^''^ and effectual to all intents n?Lolp ^}^^^^''^' as if the said Acts respectively were not held and constru^ed i^"^ '^' '"^^ ^°'« ^^^^^ be trextend t^al? °7™enced between the thirtieth day of Au/ust in ?hfv

Provided always, that all things under the sa d Acts or either of Th^rn

m ^jer C«i..hall b^and areVer b^^^^^^^

^^^-'^«-

lawfZ
I W
'

^^•

Td

reS

Y^

XIV.
as

And be

ttrf^l? herein otherwise expressly

it enacted, That this Ac? I!ii Upper Canadi except in if-.o^^

^'^-'"'-^

"'

"^

provided.

FoSEIGH

.

10

Vicfc.

FonEiCN junoMr^NTS a^dmission,

(c. e.)

Cup. 198, 1853.

FOREIGN JUDGMENTS ADMISSION
II

(C.E.)

t

A

.

C

X

C V II

1

AN ACT TO FAOILITATR TUB ADMISSION IN KVIDENOK OF FOBEION .WMMIONTS AND CKBTAIN AFFIDAVITS AND OTIIKIl DOCUMENTS, AND OTllBtt. WLSK TO IMPllOVK TIIK LAW OF KVJDKNl'i; IN CANADA EAST.
[Assented
to,

Ikth June, 1853.]
dimlnisli
the

IVeamblo.

WHEREAS

it

would greatly

expense of legal proceedings and prove

highly beneficial to the advancement ofjustice in Lower Canada, il" certain Judgments and other documents were admitted in evidence without further proof thereof as now required by law Da it therefore enacted, &c., That an Exemplification " ' « in . Bxcmpli(ication8 .-,..} , , oMiutKiiiciits), of any judgment, decree or other judicial proceedm'pHmaf^I'^ ing of anyCourt in any of Her Majesty's Dominions, evidence. qj. j^ any Foreign Country, under the seal of the
:

^

,

,

.

Court in which such judgment or other judicial proceeding wa? recovered, made or taken, or under the signature of the Prothonotary, Ckrk or Custodier of the record of such Judgment, decree. or other judicial proceeding, shall be received whenever ufiered in any Court of Justice in Lower Canada, as primd facie evidence of such judgment, decree or proceeding, unless proof to the contrary be made.
IL And be it enacted, That an Exemplification of ^uy Will executed in Her Majesty's Dominions or in any Foreign Country, under the seal of any ^Qurt wherein the original Will may be of record, or under the signature of the Judge, Surrogate or Clerk of such Court, or of the Custodier of such Will, shall be taken and received, whenever offered in any Court in Lower Canada, aa primd facie evidence of the execution of such Will and the Probate of any such Will, under the seal of any Court of competent jurif diction, shall be received as primh facie evidence of the contents thereof, and also of the death of the Testator, unlesB proof to the contrary be made.
Bxompuncation
Wiiis'to bi're"' eeivcd tt» prima /acw evK tnco.
;

^^^' ^^^ ^^ '^ enacted, That a Certificate of the Marriage of any person married, or of the Baptism of any person baptised, or of the Burial oeived aapHma' facie evidence. ^^ ^^^ persou interred beyond the limits of Lower Canada, under the hand of the Clergyman, Priest, or Minister, who shall have officiated at such Marriage, Baptism or Burial,
ccrtificateB of marriages, &c.,out

330

or

16 Vict.
or of the

^^ ^^ ^^^_ ^^^ ^^^^ Public Officer hofnro «,k l «< been cctraclrd. or retract fmmTn '1,''' ^"'^^^ ""^V ^^^^ g'-stration of ,.„; such M.rriLirif"^-'^'^'"'^'' ^^^^^ ^"'- the re.

„..,„. ,„„„„„,, „^,^,^^^^

Custodier thereof whpupvflr ««j shall bo taken !^'^ evidence of the contents 'hereof!
legal

inlower Canada,
I\^

^'"cer, beui^' the ''^' ^^''''' '^ ^' P'""^

>^^

And

be

it

enacted,

cessary to prove
Aiithnrif,, r,r

„^

cauon, iioD.ite Certificate ;at on K-oLo^ r H

That it shnll no* K« „ any Seal or ^"® ^ \ hf signature "°' or /T^/-'^ t any Exempliii' ^^""^.^

^

«-i "r s.Knatun.
'" '"v "»< h u,,.

?

-"''^"'"^ primA facie evi^Jncc of the f«Vt7th ^^^'*''" '''^"*ed, ^. production of any such J)a^utJ:i with such Seal a.ul siCd ^^ '"' ««'aled bv surh rS^? P^^^r^'"^' ^« primA fach evidence of such S.alCd sLn^n^^^^^ ^'' Officer purporting to ^^« have uch Se'a '"* '"''^' '"^'i'^^' or to have signed Document the same?
but the

Sections, is nuule

or Extract whin/i

k

*i

^^T" r

"«>»

)

fed

^

be it enacted, That it shall be comany party interested in any uch upon the production of an Exemplification of the same, and of the Probate thereof if vIIk
peten

V.

And
to

I'-xciiipli/lcation

wS

ami
Jin

l'ii)liiit(!

may

to

the

Superior

thereof,

to reuuire In//
:^^^^^^^

^^ ^"^' Com t^^ Lowpp C ^^""^^"^^ o^ any

L

?u

T
^

rct'onind in 0. and (^drtidna <^'>|iii's tlicrpof sliifllUianthontlc, ^'"^"'^" ''""-"K.,
,

-

saUCourt'''"' '''""'^'i ''"^ °^ ^^^ ^'«^"°f« «f Lower Canadf^and when 1 ? by the ProthonoC o7?he said S^^^^ ^^T '^T""^^ ""''"^^'^ '^'" ^^'^ ^^"^ ^^"^ ^°^^ /nd eff-ect as such

the

PrJthonotar;

'" '^''

of the Judges ^^^^ "^

1

T^

Le»tion

'

VI.

And be

it

toreign State,

and

enacted, That the Seal of anv the Certificate of th^ <=i^nL*

^'"''''

""'» Certin.

deemed authentic without nroof fh^^ro^
received as
lished

prim&

be

one of the

therebTwh^rrsu^h Stat/h^' ^'"' ^- ^

fadefvU^L
Sf«?.=

f

t^

''"'^

j

r'

^"^" °® n. '^^" ^« ^aken and
. '

uXd

ff

'"''"1^^ ^« ^« «^^^b'^P^'^^« Sovereignty, ov

i

li

ir

lin

f'^^'^^^

always, and be

it

enacted, That

*° l^^P^'-^y ^« a suit or prl dfnl 3ding to deny the truth of any of the said Pv^ emphfications, Probates, Certificates or Extracts" '" ^"'^"^ ^^^«^« the close of Jj''f."^ party iu^ oi the who mav nrndnc. x^- . "4-

S T^^'r'

Any party may deny the truth of the said Kxem>
plificatiotis,

Ac

'^

thS ^

-.
case.

A«toco!it8in8uoh

shall
[
i

.

14

&

15 Vict.

EJECTMENT ACT,

(c.

W.)

Cap. Ill, 1851.

incumbent ufwrn such party to prove the rontrnlH of such Excinplificatidn, IVobato, Certillcatc or Extract in tlu; manner now rccjuircd by law but in the event of sucli I'iXemplification, I'robatc, Certificate or liXtruct being duly proved by a cuumiission or otherwise to be correct and true, the costs of (Vwtii. such proof to be taxed by the Judjjje, shall and may, in the discretion of the C'ourt or Judge before whom such .suit or
shall be
;

i)roc(H'(ling is had, be ordered to be paid by the party who may nave denied the truth thereof as aforesaid, whatever may be the And provided t'urther, final judgment in the cause ProviNd Security for COHtS that whenever the truth of any of the said llxemglvi'u in Niicli
:

;

t(l

III!

Cfisi', Ii.v

the party

dtiiyiiigthi' triitii of »uuh Higiiature,

KliHcations, I'robates, Certificates or Extracts, shall c denied as aforesaid, security for the costs

Ao.
(

attending the execution of a commission to prove the same, shall be giv<!n to the satisfaction of the Court or Judge by the party denying the truth of the same, and within the time

and

lor

such amount as the said Court or Judge

shall direct.

EJECTMENT ACT, (C.W.)
CAT.
C

XIV
ACTIOK

AX ACT TO ALTER AND SETTLE THE MODE OP PROCEEDING IN THE
OF EJECTMENT.
lAsscntcd
to,

20lh Aur/ust, 1S31.]
to
abolish
all

«-

law in actions of Ejt.'ctment, and to place such actions, as nearly as may be, on the same footing as other actions between parties and it is also expedient to prevent the multiplication of suits for the purpose of recovering costs or mesne profits where parties recover the possession of land in such actions, and to enable such parties to recover such mesne profits and costs, in any suit brought for the recovery of lands: Be it therefore enacted, &c., That all Mode of commeiiciiiK actions actions of Ejectment shall be commenced by Writ cjet men ^^ Sutnmons, in the same manner as other actions, in which the names of all the persons claiming the property shall appear as PlaintifTs, and t