CHA P. III. An Act for securing the TITLES to LANDS in this Province. [ Expired. ] CHA P. IV. An Act for Regulating the PRACTICE of the COURT of KING'S BENCH. [3d July, 1797.] Preamble. The clerk to keep an OR the more easy and convenient Administration of Justice by the Court of King's Bench; Be it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Assembly of the Province of Upper Canada, constituted and assembled by virtue of and under the authority of an Act passed in the Parliament of Great Britain, intituled, "An Act to repeal certain parts of an Act passed in the fourteenth year of His Majesty's Reign, intituled, An Act for making more effectual provision for the Government of the Province of Quebec in North America, and to make further provision for the Government of the said Province," and by the authority of the same, That from and after the first day of October next, it shall and may be lawful to and office in each district. for the Clerk of the Crown and Pleas of this Province to have, and he is hereby required to have in each and every District of the same, and also in the town of Newark, in the County of Lincoln, in the Home District, an Office in which actions in the said Court of King's Bench may be instituted, and the parties plead to issue(a), in like manner as is now done in the office of the said Clerk, in the District in which the said Court is holden; and that for that purpose the said Clerk be, and he hereby is authorised and required to supply his deputy in each District, and also in the said town of Newark, from time to time, with blank writs of the said Court, properly signed and sealed, which his said deputy is hereby authorised and required to fill up, as cccasion may require. (a) See 38th Ged. III € 6 $8. Every Monday, ex cept, &c. to be return day. (b)See 38th Geo. III, II. And whereas many and great inconveniences have followed from the length of time which by the present practice of the said Court must intervene between the teste and the return of writs; Be it enacted by the authori ty aforesaid, That from and after the day aforesaid, every Monday in the course of the year, except Easter Monday, and Christmas-day, in case it shall happen on a Monday, shall be a return day for the return of writs issuing out of the said Court of King's Bench (b), and no other day or days whatsoever, be the teste and return. return day or days for such writs; and that not less than fifteen days shall intervene between the teste and return of any process issuing out of the said Court in any District of this Province. III. And be it further enacted by the authority aforesaid, That from and after the day aforesaid, Hilary term shall begin on the first Monday in the X month Time between the Times of kolding courts. How to be served & fees. month of January, and end on the Saturday of the week ensuing; and that Easter term shall begin on the first Monday of the month of April, and end on the Saturday of the week ensuing; and that Trinity term shall begin on the first Monday of the month of July, and end on the Saturday of the week ensuing; and that Michaelmas term shall begin on the first Monday of the month of November, and end on the Saturday of the week ensuing; and that all Commissions of Assize and Nisi Prius do issue, and also that the şittings for the Home District, be held in the vacations between Hilary and Easter terms, and between Trinity and Michaelmas terms, any law or usage to the contrary notwithstanding. IV. And be it further enacted by the authority aforesaid, That in cases which do not require Special Bail, the first and original process of the said Court shall be by Writ of Summons, which may be in the following District, FORM: UPPER CANADA,) GEORGE the THIRD, by the Grace of GOD, of To WIT: WR District, GREETING: E Command you, that you summon A. B. to appear either in Person or by his Attorney before us, in our Court of our Bench, on the day of now next ensuing, to answer the complaint of C. D. in a plea of (as the case may be) according to the annexed declaration; and herein fail not at your peril. Witness the Honorable E. F. Chief Justice of our said Province, (or one of the Justices of our said Court, as the case may be) this in the year of our Reign. day of Witness And that the plaintiff do cause the defendant to be served with the said writ of (a) See 38th Geo. III. Summons; and that the sum of five shillings, and no more, be allowed in costs for serving the same, but that there be no allowance whatever for milages.(a) € 6 38. In suits where de fendant is not holden to bail, the ordinary course what. V. And whereas doubts have arisen with respect to the time when judg ment may be signed, for want of the defendant in any action having duly appeared thereto, Be it therefore enacted by the authority foresaid, That in all Civil Suits where the defendant shall not be holden to bail, the ordinary course of proceeding shall be by serving, or causing the defendant or defendants personally to be served with a copy of the process and declaration, by some literate person, and if such defendant or defendants shall not ap pear at the return of the process, or within eight days after such return, in such case it shall and may be lawful for the plaintiff or plaintiffs, upon davit being made and filed of the personal service of such process and declaration, which affidavit shall be filed gratis, to enter a common appearance for the defendant or defendants, and to proceed thereon as if such defendant or defendants had entered his, her, or their appearance. affi VI. And be it further enacted by the authority aforesaid, That wherever Defendant, in term the defendant in any action shall, in term time, plead any dilatory plea, in plaintiff may set down case such plea shall be of a matter of law, and not of fact, it shall and may much plea for argument. be lawful to and for the plaintiff in the said action, to set down such plea pleading dilatory plea for for argument on the next day on which the said Court shall sit, or on any other day in the term, giving two days notice thereof to the defendant, or his attorney; and in case such plea be filed in the time of vacation, or being filed in term time, the said plaintiff shall neglect so to set down the same for argument as aforesaid, it shall and may be lawful to and for the said plaintiff to apply to any Judge of the said Court to hear and determine the issue joined thereon, in like manner as the same may now be done in open Court; and in case the said Judge shall give judgment for the plaintiff, he the said Judge shall by an order under his hand direct the said plea to be taken off the file, with costs to be taxed by the proper officer: and the said defendant shall within four days from the date of such order plead an issuable plea, and shall rejoin gratis, and shall also be bound to go to trial at such time as he would have been bound to go to trial in case he had pleaded such issuable plea in the first instance, and not such dilatory plea. VII. And be it further enacted by the authority aforesaid, That from and after the day aforesaid, no writ of enquiry shall issue to the Sheriff in cases where judgment shall have gone by default; but in all such cases the damages shall be ascertained at the same time and in like manner as if the parties had pleaded to issue, and that an entry thereof be made on the roll accordingly. If filed in vacation, &c. or term, &c, No writ of enquiry in cases of judgment by default. Juror's Fees. VIII. And be it further enacted by the authority aforesaid, That from and after the passing of this Act, every juror shall be allowed the sum of fifteen pence, instead of the sum of one shilling which is now allowed in each cause in which he shall be sworn as such juror, to be paid to him in like manner as cl, & 41st c9.) the said sum of one shilling is now paid. (a) (a) See 34th Geo. III. (Sce 34th Geo. III. 2.) CHAP. V. An Act for the further regulation of the MILITIA of this Provinte. СНАР. An Act to extend the Jurisdiction and regulate the Proceedings of the DISTRICT COURT and COURT of REQUESTS. [3d July, 1797.] E it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Assembly of the Province of Upper Canada, constituted and assembled by virtue of and under the au thority Preambit. Jurisdiction of the court for trial of small causes extended from of debt where the amount is ascertained, 15 to 40%. in actions &c. 84th Geo. III. c 4. May have cognizance of questions of proper ty in personal chattels and award in matters of trespass to the a mount of 151.except,&e The jurisdiction not to extend to certain ac tions, nor to affect the jurisdiction of K. B. thority of an Act passed in the Parliament of Great Britain, intituled, “An II. And be it further enacted by the authority aforesaid, That the said Court shall have cognizance of all questions of property in personal chattels, where the value of the thing claimed does not exceed the sum of fifteen pounds; and shall also award damages to the like amount, in all matters of trespass, where the title to land does not come in question, and where future rights will not be bound by the decision of the said Court. III. Provided nevertheless, That nothing herein contained shall be taken, or construed to extend the Jurisdiction of the said Court to actions in the nature of actions of Assault and Battery, or False Imprisonment, or in any (a) Sce 58th Geo. III wise to affect the Jurisdiction of the Court of King's Bench. (a) €4) IV. And be it further enacted by the authority aforesaid, That no person whatsoever shall claim, or be entitled to any other or greater fee for any bu siness done by him in the said Court, either as Attorney, Sheriff, Clerk, Crier, or Judge, than is set down for him in the said Act; or any fee for any other business done by him in the said Court, other than the business which is prescribed and directed by the said Act, nor shall any such fee be allowed in any bill of costs. V. And be it further enacted by the authority aforesaid, That where judg ment shall be by default, no writ of enquiry shall issue to the Sheriff; but the amount of the debt shall be ascertained at the same time, and in the same manner as the same would or might have been ascertained in case the defendant had appeared to the declaration, or summons, which are hereby declared to be one and the same, and not several or distinct proceedings in the said Court. VI. And be it further enacted by the authority aforesaid, That the sum of two shillings and six pence, shall be allowed for the service of the said declaration, or summons: but that no milage whatever be allowed for the same, either in the said District Court, or in the Court of Requests; and that an affidavit of the service of such process may be made before any of His Majesty's Justices of the Peace other than the plaintiff himself, in case he shall be one of such Justices. VIL VII. And be it further enacted by the authority aforesaid, That the Justices of Assize and Nisi Prius, in their circuits in each and every District of this Province, shall be, and they are hereby authorized and empowered to act as visitors of the said District Courts, and also of the several Courts of Request within the said Districts, in like manner as is now done by His Majesty's Court of King's Bench. Justices of assize and nisi prius in their cir cuit may act as visitors 6,38th, c 3,5 1st, c & 59, 6.4) (See S2d Geo. III. c Fo CHA P. VII. An Act for the more easy BARRING of DOWER. [3d July, 1797.] OR the more easy Barring of Dower; Be it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Assembly of the Province of Upper Canada, constituted and assembled by virtue of and under the authority of an Act passed in the Parliament of Great Britain, intituled, " An Act to repeal certain parts of an Act passed in the fourteenth year of His Majesty's Reign, intituled, 'An Act for making more effectual, provision for the Government of the Province of Quebec, in North America, and to make further provision for the Government of the said Province," and by the authority of the same, That it shall and may be lawful to and for any person entitled to Dower, by any deed executed cither alone or jointly with other persons, to release all her right and title to Dower in the Lands, Tenements or Hereditaments therein mentioned and described; and such release shall be as valid and effectual to bar the person executing the same, of Dower in such lands, tenements, and hereditaments, and every part thereof, as if a fine had been levied thereof, any law or usage to the contrary notwithstanding. provided such persons come before, &c, and shait be certified consent thereto, which (a) Or Judge of dis 11. Provided nevertheless, That no such release so executed as aforesaid, shall have any force or effect to bar the person so entitled to Dower, and executing the same, unless such person shall come before His Majesty's Chief Justice of this Province, or one of the Justices of the Court of King's Bench, or shall appear at some General Quarter Sessions of the Peace for the District, County, or place in which she shall reside, and shall have been examined by such Chief Justice, or Justice, or by the chairman or presiding Magistrate of such Quarter Sessions, (a) when not less than three Magistrates, besides himself, shall be present, touching her consent to be barred of Dower trict Court, or Chairin the premises in the said deed or writing mentioned; and in case she man of Qr. Sessions.-shall give her consent thereto, and it shall appear to the said Chief Justice, or Justice, or to the said Court, that such consent is free and voluntary, and not the effect of any coercion on the part of her husband, or any other person, it shall and may be lawful to and for the said Chief Justice, or Justice, or to the said Chairman, or other presiding Magistrate, and they are, and each of them respectively, is hereby required to certify the same by indorsement on the said deed, which certificate, in the case of the said Court of Quarter Sessions, may be in the following form: Y AT See 50th Geo. III. c 10. |