« PreviousContinue »
Bills, Notes, &- Choses in Action.
[1 R. S. c. 116
REVISED STATUTES—TITLE XXX, CHAPTER 116.
OF BILLS, NOTES, AND CHOSES IN ACTION. Section.
Section. • 2 Notes negotiable.
4 Inland Bill, how accepted. 2. A note in writing for money, payable to order or bearer, shall be assignable and endorsable in the same manner as an inland Bill of Exchange is by the custom of Merchants; and the payee,endorsee, or holder thereof,may maintain an action thereon in his own name.
4. No acceptance of any inland Bill of Exchange shall be sufficient to charge any person, unless it be in writing on such Bill, or one part thereof, if there be more than one.
22nd VICTORIA-CHAPTER 22. An Act in amendment of Chapter 116, 'Title xxx, of the Revised
Statutes, 'Of Bills, Notes, and Choses in Action.'
Passed 13th April 1859. Be it enacted, fc.—4. Where any Promissory Note or Bill of Exchange shall be payable at any place out of this Province, whether the same be drawn in or out of this Province a Notarial protest of the presentment and dishonor of such Promissory Note or Bill of Exchange shall be deemed and taken in all Courts of this Province as evidence of the fact of presentment and dishonor stated in such protest, in the like manner, as in case of a protest of non-payment of a Foreign Bill of Exehange.
See Acts of Canada 35th Victoria, Chapter 8, s. 8, and 38th Victoria, Chapter 19.
30th VICTORIA--CHAPTER 34. An Act to annend Chapter 116, Title XXX, of the Revised Statutes,
Of Bills, Notes, and Choses in Action ;' also Act 12th Victoria, Chapter 39, relating thereto. Section 1.-Notes, &c. not payable in money, held as prima facie evidence
Passed 17th June 1867. Be it enacted, &c.-1. That all notes, drafts or orders in writing for a sum certain, payable otherwise than in money
shall be deemed and held prima facie to import that they are given for a valuable consideration in like manner as promissory notes for the payment of money.
REVISED STATUTES—TITLE XXXI, CHAPTER 120.
OF BANKING. Section.
Section. 1 Banks, power to issue Notes. 3 Persons prohibited from issuing 2 Penalty, for what offences.
4 Penalties ; application. 1. Every Bank legally incorporated in this Province, whether authorized by Charter or not, may issue notes or other evidences of debt to the amount of five, ten or fifteen shil. lings, but no other fractional part of a pound.
2. Every Banking Corporation violating any of the provisions of this Chapter,shall for every offence forfeit the sum of twenty five pounds; and whoever shall receive any note or evidence of debt herein prohibited, shall forfeit a sum equal to the nominal value thereof.
3. No person shall issue or circulate as a Bank Note or currency, any bill, note, or undertaking of a private individual, for the payment of money, struck from any plate of metal, or engraved or printed, unless authorized by Law or Royal Charter, under the penalty of five pounds for each offence; but this provision shall not apply to any Notes of the Bank of Fredericton.
4. One half of the said penalties to be paid to the prosecutor, and the residue to the Overseers of the Poor of the Parish where the offence was commited.
See Acts of Canada, 34th Victoria, Chapter 5, ss. 8 and 68.
18th VICTORIA-CHAPTER 22. An Act in addition to and in amendment of certain Chapters of Titles
eight and ten, and Titles thirty, thirty one, and thirty four, of the Revised Statutes. Section 6.—No action on Note, &r. until default in payment.
Passed 12th April 1855. Be it enacted, 80.-6. In addition to Title XXXI, Chapter 120, of the Revised Statutes, 'Of Banking,' no action shall be brought or maintained upon any Bank Bill or Bank Note already issued,or which shall hereafter be issued by any Bank incorporated by Act of Assembly, or otherwise, in the Province, before such bill or note shall have been presented at the banking house or place of business of such incorporated Company within banking or business hours, and default in payment shall thereupon take place.
See Acts of Canada, 34th Victoria, Chapter 5, ss. 55 and 56.
19th VICTORIA-CHAPTER 47. An Act to explain Chapter 120, Title XXXI, of the Revised Statutes.
Of Banking.' Construction of Chapter 120 of Rev. Stat. as to the issue of Bank Notes
Passed 1st May 1856. Be it enacted, fc.-Nothing in Chapter 120, of Title XXXI of the Revised Statutes, ‘Of Banking,' shall extend or be construed to extend to prevent any Bank legally incorporated from issuing notes or other evidences of debt for the sum of one pound, or any greater sum ; but the proper construction and intent of the first Section of said Chapter is merely to restrain and prevent every such Bank from issuing any note or evidence of debt for any sum below one pound, except for the sum of five, ten and fifteen shillings, respectively.
REVISED STATUTES—TITLE XXXIV, CHAPTER 124.
OF INSOLVENT CONFINED DEBTORS. Section.
Section. 1 Who may apply for weekly sup. 10 When debtor discharged after port. Proceedings.
support. 2 Discharge, effect of.
11 Creditor, &c., discharging debtor, 3 Who may take examination.
effect of. 4 When one Justice to act. 12 Discharge of debtor, who indem. 5 Who not liable for an escape.
nified. 6 Who may issue subpoenas. Wit. 15 Property debtor allowed to retain. nesses' duty.
16 When Sheriff not liable, plea &c. 7 When debtor may sell his pro- 18 Power of the Mayor or Recorder perty, &c.
of the City of Saint John. 8 When order may be suspended,&c
1. Any person confined in gaol or on the limits in any civil suit, unable to obtain his support, may apply to a Judge of the Supreme Court, or Justice of the Inferior Court with any
Justice of the Peace, for weekly support, and on seven days notice to the opposite party or his attorney, he shall be examined before such Judge or Justices on oath as to his ability to support himself; if satisfied that such person cannot support himself by labor or otherwise, that he has no property real or personal, that sincu h+ was served with the first process in this suit he had not directly or indirectly transferred any property realor personal,intending to defraud the person at whose suit he is confined, or given any undue preference, such Judge or Justices shall make an order for payment by the suitor of five shillings per week to the debtor, the first payment to be made as may be directed; on failure of payment between sunrise and sunset of the day ordered, the Judge or Justices shall by order in writing discharge the debtor from confinement as to that suit, on production of which to the gaoler the debtor shall be forth with discharg. ed without payment of any fees whatever.
2. No discharge under any of the provisions of this Chapter shall prevent the plaintiff proceeding to final judgment, or issuing execution against the property of the debtor, or recovering the amount of the judgment, but the person of the debtor so discharged shall be freed from arrest for the same cause. The examination mentioned in the preceding Section shall be filed in the office of the Clerk of the Court out of which the process issued.
3. Should the Judge or Justices, or either of them, not attend at the time and place specified in the notice, any other person authorized to take such examination may attend in his or their stead, and proceed therewith, and grant or refuse relief under this Chapter; an entry shall be made in the minutes of the examination, of the same having been taken by him or them in lieu of the person or persons who issued the notice.
4. The provisions of this Chapter shall also extend to persons confined upon process in civil suits issued by a Justice, the proceedings to be had before any one Justice.
5. The Judge or Justices shall make an order in writing, directing the Sheriff or gaoler to bring the debtor before them at the time and place specified therein for examination, and such Sheriff or gaoler shall not be liable for acting in obedience to such order.
6. Either party may issue subpænas out of the Court from which the process issued, which shall be served and the witness tendered his reasonable expenses; the person served therewith shall be liable to the same punishment and damages for wilfully disobeying the subpæna as in other cases.
7. If any confined debtor shall be possessed of property, and shall have offered to pay or assign the same to the suitor or if there be several suitors, to them respectively in proportion to their demands, and the suitor or suitors, or either of them, refuse to accept, the person so confined shall sell by public auction, first giving seven days public notice of such sale, and also seven days notice thereof to the parties or their attorneys, and upon tender of the proceeds, and refusal by either of them to accept, he may pay the same to any creditor, or creditors, and shall then be entitled to the benefit of this Chapter
8. When it shall be made to appear to the Judge or Justices who ordered the support, or to any other Judge or Justices, that the debtor can support himself, such Judge or Justices shall suspend such support until further order; no order for suspendingthe paymentofthe allowance shall be madeunless due notice be given to the debtor of the application for suspension, the debtor to be brought before the Judge or Justice in the manner prescribed in Section five of this Chapter.
10. Any debtor receiving such weekly allowance for the space of six months, shall then be discharged by the Judge or Justices who made the order, or any other Judge or Justices.
11. Any creditor and his representatives, may consent in writing to the discharge of their debtor from custody, without losing the benefit of the judgment and execution thereon against the property of the debtor; and the Sheriff, upon being served with such consent, shall forthwith discharge the debtor from custody.
12. In case of the discharge of any debtor under the provisions of this Chapter, all persons shall be indemnified, and are hereby freed from all suits and judgments whatsoever that may be had or adjudged against them by reason of such discharge.
15. The possession by the debtor of wearing apparel and bedding, kitchen utensils, and tools of his trade or calling