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CHAP. III.

An Acl for securing the TITLES to LANDS in tins Province.
[ Expired. ]

Preamble.

CHAP. IV.

An Act for Regulating tbe PRACTICE of the COURT of KING'S BENCH.

[3d July, 1797.]

FOR the more easy and convenient Administration of Justice by the Court of King'sMJench; Be it enacted by the King's Most Excellent Majesty, by and with tne 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 furthei 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 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, \n 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 issueCa), in like manner as is now done in the office of (he 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 eealed, which his said deputy is hereby authorised and required to fill up, as occasion may require.

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 authority 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 Mm Omit of King's Bench (b), and no other day or days whatsoever, be the teste and M»x£. 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.

The clerk to keep in office iu each district.

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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 C(mrt,

Hi month

Times of tplcjing

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month of January, and end on the Saturday or 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 snail 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 sittings for the Home District, be held in the vacations betweon Hilary and Toaster terms, and between Trinity and Michaelmas terms, any law or usage to the contrary notwithstanding.

Original process,

«*»'•«. IV. And be it further enacted by tJir. 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

FORM: * i

ft.TM UPPER CANADA, 2 GEORGE the Third, by the Grace of GOD, of

District, > Great Britain, France and Ireland, King, Defender To Wit: ) of the Faith, and so forth :—

To the Sheriff of the 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 d|j»- Honorable E. F. Chief Justice of our said Province, (or one of the Justices of our said Court, as the case may be) this day of * in the year of our Reign.

,fco°w l0 serve And that the plaintiff'do cause the defendant to be served with the said twit of

WSuWih ato.in. Sutnmons; 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 mUages.(a)

in suits where de- ^' And whereas doubts have arisen with respect to the time whenjudgfendant is not holdTM rnent may be signed, for„want oi the defendant in any action having duif cuur^what. o^din"ry• 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 appear 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 affidavit being made and filed of the personal service of such process and de■ claration, 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.

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

SSJ.'y'.ttVwn case such plea shall be of a matte^of law, and not of fact, it shall and may

/web pica for argument, be lawful to-and for the plaintiff in the said action, to set down such 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 no'ice 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 dale 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 tiial 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.

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, iostead 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 ihc said sura of oue shilling is now paid, (a)

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C HA P. VI.

An Act to extend the Jurisdiction jnd regulate the Proceedings of the DISTRICT COURT

and COURT of REQUESTS.

{3d July, 1797.]

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 «l Upper Canada, constituted and assembled by virtue of and under the authority

Prcembif.

thority of an Act passed in the Parliament of Great Britain, intituled, "Aft 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 the Jurisdiction of the several Courts ennconrt for trial of small stituted and appointed under and by virtue of a certain Act passed in the w"7 eiwnded from thirty fourth year of His Majesty's Reign, intituled, li An Act to establish a of debt where the a- Uourt tor the cognizance of small causes in each and every District of this mourn u ascertained, Province," shall be extended from the sum of fifteen, to the sum of forty pounds lawful money of this Province, in such actions of contract only as 34M Geo. in. c 4. relate to mere matters of debt, and are brought for the sole purpose of recovering some sum, or sums of money, the amount of which is already liquidated, or ascertained, either by the nature of the transaction itself, or by the act of the parties, and not for any other purpose or intent whatever.

ofqYrsnon^ofp'ro!^* H. And be. it further enacted by the authority aforesaid, That the ?aid tyin personal chattels Court shall have cognizance of all questions of property in personal chattels.

and award in matters , . . 9 . ... . , .' , , • r i .l re;

of tr«S;,;iM to the a- where the value ot the thing claimed does not exceed the sum ol fifteen mountoii5i.eicei.t,kc 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 decifion of the said Court.

The jurisdiction not ij[# Provided nevertheless, That nothing herein contained shall be taken, or

to exti-nd to certain ac- , , , T '. ,. . .7 • i r< L

tionvnor to affect the construed to extend the Jurisdiction ot the said Court to actions m the najurisdiction of K.b. ture 0f actjons of Assault and Battery, or Kalse Imprisonment, or in any fa) su 68tK Geo In w'3e to affect tne Jurisdiction of the Court of King's Bench, (a)

IV. And he it further enacted by the authority aforesaid, That no person whatsoever shall claim, or be entitled to any other or greater fee for any business 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 judgNo writ of enqniry ^g^ 3r)all be by default, no writ of enquiry shall issue to the Sheriff; but

to issue Oh judgment . /• i i i L n i •» • • L

by deiauit t amount the iii ii' in it ol the debt shall be ascertained at the same time, and in trie

Low \o be ascertained. 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 Fees for service. ^ ^Wf) ghj||}ng3 and six pence, shall be allowed tor the service of the said Ac(See 38/a Geo. ///. duration, or summons: but that no milage ichatever be allowed for the scun(,

c \'JJ , cither in the said District Court, or in the Court of Hequests ; and that an afii

Afndavit of service , . - - . » ,' , i i /• » ... n ■

tor-.TM whom t. be davit of the service of such process may be made before any of Mis Majes

■**• ty's Justices of the Peace other tha« the plaint iff himself, in case he.shall be

one of such Justices. VII

Fees.

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CHAP. VH.

An Act fortlie more easy BARRING of DOWER.

\3dJuly, 1797.]

FOR 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 provisionfor .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 recuse all her.right and title to Bower in the Lands, Tenements or Hereditaments tlterein mentioned and described ; and such release sliall 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.

11. Provided-nevertheless, That no such release so executed as aforesaid, shall hare 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 in the premises in the said deed or writing mentioned ; and in case she 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 certifiicate, in the case of the said Court of Quarter Sessions, may be in the following form:

Y AT

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