for articled 5. The Benchers in convocation may by regulation require Preliminary that clerks hereafter articled shall pass a preliminary examina- examination tion; and the term of service under articles to entitle each clerks. articled clerk to be admitted an attorney shall date only from the passing of such examination. of certain 6. The fees payable by barristers, as term fees, and on call Appropriation to the bar, and by attorneys on admission as attorneys, and by fees. students and articled clerks on admission as such, and on examinations and attendance on lectures and readings, shall be paid into the general funds of the Law Society, and shall be such as the Law Society shall by rule from time to time prescribe. furnish mem 7. The Benchers of the Law Society shall, during Hilary Benchers to term in each year, furnish to each member of the Law Society bers with deentitled to vote at the election of benchers, a statement in de- tails of revetail of the revenue and expenditure of such Law Society, for nue, &c. the year ending the thirty-first day of December preceding each statement, the same to be first duly audited by auditors appointed by said benchers to audit and report upon the finances of the said Law Society. consistent 8. The Act of the Consolidated Statutes for Upper Canada, Repeal of inchaptered thirty-six, and intituled "An Act respecting report enactments. ers in the Superior Courts," and the second and third subsections of section twenty-six, of the Consolidated Statutes for Upper Canada, chaptered thirty-five, and intituled "An Act respecting attorneys at law," and also the provisions of any Act inconsistent with any of the provisions of this Act, shall be and the same are hereby repealed. present report 9. The Benchers of the Law Society in convocation, are au- Benchers may thorized to make such compensation as they may in their compensate discretion think fit, to any reporter, unless such reporter is ers. appointed a reporter under this Act. 10. This Act shall come into force on the first day of Easter Time of comterm next. mencement of this Act. CAP. VII. An Act to amend the Act respecting County Attorneys. [Assented to 2nd March, 1872.] HE ER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: In County of Peace and 1. In the County of York, the offices of Clerk of the Peace of Clerk of the and of County Crown Attorney may respectively be held and enjoyed by different persons; and in the said county, notwithstanding any statute to the contrary, the Clerk of the Peace held by differ- shall not be ex-officio County Attorney for said county, nor the said County Attorney ex-officio Clerk of the Peace. Crown Attor ney may be ent persong. All persons empowered to CAP. VIII. An Act to empower all persons to appear on behalf of others in the Division Courts in the Province of Ontario. НЕ [Assented to 2nd March, 1872.] ER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: 1. Any person may appear at the trial or hearing of any cause, matter or proceeding as agent, and advocate for, any or advocates party or parties to any such cause, matter or proceeding in the Division Courts in the Province of Ontario. act as agents in Division Courts. Judge may prevent any one to act as 2. The Judge or other person lawfully holding any Division Court in the Province of Ontario may, whenever in his opinion. agent or advo- justice would appear to require it, prevent any person from cate in certain appearing at the trial or hearing of any cause, matter or proceeding in the said Court, as agent and advocate for any party or parties to any such cause, matter or proceeding. cases. reamble. CAP. IX. An Act to amend an Act passed in the thirty-second year of the reign of Her Majesty, and chaptered twenty-two, respecting County Courts. [Assented to 2nd March, 1872.] WHEREAS it is expedient to amend the Act passed in the thirty-second year of the reign of Her Majesty, and chaptered twenty-two; Therefore Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts. as follows: 1. That section number three of the said recited Act is 32 V., c. 22, s. 3 amended. hereby repealed, and the following shall be section number three of the said Act: (3.) After the passing of this Act no Junior Judge shall be Appointment appointed in or for any county or union of counties in Ontario, of Junior Judges. except in any county or union of counties where the population shall exceed forty thousand, as shall appear by the official census then last taken. Chambers in 2. The Junior Judge of the County Court of any county or Junior Judges union of counties is hereby authorized to transact such business may sit in in Chambers, in the absence therefrom of the Senior Judge, as absence of relates to matters over which the said Courts have jurisdiction, Senior Judge. and as may, according to the course and practice thereof, be transacted by the Judges of the said Courts. 3. It shall be lawful for any Judge of a County Court, if requested so to do, and when the interests of justice seem to require it, to sit for a Judge of another County Court either at the sittings or in term, or to hear any case triable under the special or summary jurisdiction of such Judge, and the County Judge while so sitting, shall have all the powers and authority of the Judge of the County Court, within whose county or union of counties he shall be so sitting. A Judge of one Court may sit in another Court. CAP. X. An Act to amend the Act of the Province of Ontario respecting Superior and County Courts, passed in the thirty-fourth year of Her Majesty's reign, and chaptered twelve, and to declare the true meaning of section sixteen of the said Act. [Assented to 2nd March, 1872.] HEREAS it is expedient that the Act passed in the thir- Preamble. ty-fourth year of the reign of Her Majesty Queen Vic toria, chaptered twelve, and intituled "An Act to amend the Act to regulate the procedure of the Superior Courts of Common Law and of the County Courts" should be amended in certain respects, as hereinafter contained; And whereas doubts have arisen as to the effect of section sixteen of the said Act, and it is expedient that such doubts should be removed; Therefore Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: 34 V., c. 12, s. 3, amended. / S. 5 amended. Sec. 16 not to affect 33 V., ap. 7, e. 7. 1. Section three of the said Act is hereby amended by inserting immediately after the word "commenced" in the third line of the said section the following words, "or to one of the judges of the Superior Courts of Law sitting at Chambers." 2. Section five of the said Act, chaptered twelve, is hereby amended by adding to the said section the words following, "or to any suit wherein the attorney for the defendant, or in case of two or more defendants, where the attorney for any one or more of them resides in a county or union of counties different from that in which the attorney for the plaintiff, or, if he prosecutes in person, in which the plaintiff resides." 3. Notwithstanding the provisions and enactments in the said section sixteen of the said Act, chaptered twelve, contained, the seventh section of the Act passed in the thirty-third year of Her Majesty's reign intituled "An Act to make further provisions for carrying out the Act intituled The Law Reform Act. of 1868,' and to regulate proceedings on writs of error and certiorari" and chaptered seven, is in full force and virtue. Preamble, 1 and 2 of 13 Eliz. ch. 5. that Conveyances, Judg ments, &c., to hinder or de be void. CAP. XI. An Act to declare the true construction of the Act passed in the thirteenth year of the reign of Queen Elizabeth, and chaptered five, and intituled " An Act against fraudulent deeds, alienations, &c." W [Assented to 2nd March, 1872.] HEREAS by the first and second clauses of the Act passed in the thirteenth year of the reign of Her Majesty Queen Elizabeth, it is enacted as follows: - Recital of ss. "For the avoiding and abolishing of feigned, covinous and "fraudulent feoffments, gifts, grants, alienations, conveyances, "bonds, suits, judgments and executions more commonly used "and practised in these days than hath been seen or heard of "heretofore, which feoffments, gifts, grants, alienations, confraud creditors veyances, bonds, suits, judgments and executions have been "and are devised or contrived of malice, fraud, covin, collusion "or guile to the end, purpose and intent, to delay, hinder and "defraud creditors and others of their just and lawful actions, "suits, debts, accounts, damages, penalties, forfeitures, heriots, "mortuaries, and reliefs, not only to the let or hindrance of the "due course and execution of law and justice, but also to the "overthrow of all true and plain dealing, bargain and chevisance between man and man, without the which no common"wealth 66 "wealth or civil society can be maintained or continued; all "and every feoffment, gift, grant, alienation, bargain and con"veyance of lands, tenements, hereditaments, goods and chat"tels, or of any of them, or of any lease, rent, common or "other profit or charge out of the same lands, tenements, her"editaments, goods and chattels, or any of them by writing or "otherwise, and all and every bond, writ, judgment and execu"tion, at any time had or made since the beginning of the "Queen's Majesty's reign, that now is or at any time hereafter "to be had, or made to or for any intent or purpose before de"clared or expressed, shall be from thenceforth deemed and "taken only as against that person or persons, his or their heirs, 66 successors, executors, administrators and assigns, and every "of them whose actions, suits, debts, accounts, damages, pen"alties, forfeitures, heriots, mortuaries, and reliefs by such "guileful, covinous or fraudulent devices and practices as is "aforesaid, are or shall or might be in any ways disturbed, "hindered, delayed or defrauded, to be clearly and utterly void, "frustate and of none effect, any pretence, colour, feigned "consideration, expressing of use or any other matter or thing "to the contrary notwithstanding." And whereas it is also by the sixth clause of the said Act provided and enacted as follows: 66 5 that that Act terest convey. "This Act or any thing herein contained shall not extend to Recital of s. any estate or interest in lands, tenements, hereditaments, 6, 13 Eliz. ch. "leases, rents, commons, profits, goods or chattels had, made, should not ex"conveyed, or assured, or hereafter to be had, made, conveyed, tend to any inor assured, which estate or interest is, or shall be upon good ed for good "consideration and bona fide lawfully conveyed or assured to consideration, "any person or persons, or bodies politic or corporate not hav- bona fide, with "ing at the time of such conveyance or assurance to them made fraud. any manner of notice or knowledge of such covin, fraud or "collusion as is aforesaid, anything before mentioned to the con"trary thereof notwithstanding." And whereas there are doubts as to the true construction of the said Act, and it is expedient to declare the true construction of the same; Therefore Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario enacts as follows: out notice of intent to pass 1. The first and second clauses of the said Act apply to all Valuable coninstruments executed to the end, purpose and intent in the said sideration and clauses set forth, notwithstanding that the same may be executed the interest upon a valuable consideration and with the intention as between shall not alone prevent the the parties to the same, of actually transferring to and for the application of benefit of the transferee the interest expressed to be thereby ss. 1, 2, unless on acquisition transferred, unless the same be protected under the sixth clause bona fide, withof the said Act by reason of bona fides and want of notice knowledge on the part of the purchaser. or out notice of fraud. |