1. The sittings of the County Court of the County of Days for holdYork, for the trial of issues of fact and assessment of dam- ing sittings of County Courts ages, and the sittings of the Court of General Sessions of the and Gen. Ses. Peace for the said County, shall hereafter commence respec- of the Peace tively on the first Tuesday in the months of December and This section March, and on the second Tuesday in the months of May and does not take September, in each year. in York. effect until 1st April, 1877. Vide cap. 8, sec. 75. trial of jury 2. While sittings of the County Court of the County of Concurrent York are being held for the trial of issues of fact and assess- sittings for ment of damages, the Judges of the said Court, or any two per- and non-jury sons authorized to hold the sittings of such Court, may, in case cases. the General Sessions of the Peace have been adjourned or have terminated, sit separately and concurrently, one for the trial of causes where a jury is required, and the other for the trial of causes to be tried without a jury. of County and 3. The Terms of the County and Surrogate Courts of the Commence. County of York shall hereafter commence respectively on the ment of Terms first Monday in January and April, and on the second Monday Surrogate in June and October, in each year, and shall end on the Satur- Courts. day of the same week. 4. The Lieutenant-Governor may from time to time appoint Shorthand a person to fill the office of shorthand writer for the said Courts, writers. and such person shall be subject to the direction of the Senior Judge, or, in his absence, to the direction of the Junior Judge, and shall be entitled to such remuneration, either by salary or by fees, or partly by salary and partly by fees, as the Lieutenant-Governor in Council may from time to time direct; and if paid by salary only, the fees payable in respect of his duties as a shorthand writer, shall go in reduction of his salary, and the balance, if any, shall be paid by the County quarterly, on the first day of January, April, July, and October of every year: Such fees, and all matters relating to the duties of the said officer, shall be determined and regulated from time to time by the Judges of the said County Court, subject to the approval of the Lieutenant-Governor in Council. 2. The City of Toronto shall bear and recompense the Share of City County of York for a proper proportion of the said salary, and of Toronto in such salary. such proportion, in case the City and County disagree, shall be determined by arbitration, according to the provisions of the Municipal Act; and, subject to such agreement or arbitration and until and unless the same determines a different proportion, the City shall pay to the County one-half, and the County's share shall be one-half of said salary. CHAP. Appointment by County H CHAP. 20. An Act respecting Constables. [Assented to 2nd March, 1877.] ER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: 1. (To prevent injurious delay in appointing County Constaof Constables bles, arising from the long intervals between the sittings of the Court Judges. Courts of General Sessions of the Peace), any Judge of a County Court may, at any time, and from time to time, appoint any person or persons to be a Constable or Constables for the the County or United Counties, of the County Court of which such Judge is a Judge. To be notified 2. The Judge making any such appointment shall forthwith to Clerk of the notify the Clerk of the Peace thereof. Peace. To be reported sions. 3. The Clerk of the Peace shall report every such appointby Clerk to the ment to the next Court of General Sessions of the Peace which General Sesis holden after he receives notice thereof from the said Judge, and unless at such Court such appointment is revoked by order duly passed in Sessions, the same shall continue as if the same had originally been made at such Court. Authority of such Consta bles. Suspension of Judge. 4. Any Constable so appointed by a Judge as aforesaid shall during the continuance of such appointment, have the same authority and privileges and be subject to the same liability and the performance of the same duties as if originally appointed by the Court of General Sessions of the Peace. 5. The Judge of the County Court may suspend from office County Court any County Constable for any period, in the discretion of the Judge, but not beyond one week after the time appointed for the next sittings of the General Sessions of the Peace; such suspension shall be by notice in writing; and in case the Judge considers the suspended officer deserving of dismissal, such Judge shall, immediately after suspending him, report the case fully to the Clerk of the Peace for submission to the Justices at the next General Sessions of the Peace; and the Justices may dismiss such officer, or direct him to be restored to his office, after the period of his suspension has expired, or after such further period of suspension as they may order. Appointment 6. The Lieutenant-Governor may appoint, either permanently or for such a period as he may think fit, persons to be Provincial Constables, and every person so appointed shall, while he holds office, be a Constable of every County and District in Ontario, and, as such, shall have authority to act in any part of this Province. СНАР. CHAP. 21. An Act to amend the Act respecting Mortgages and HE [Assented to 2nd March, 1877.] ER Majesty, by and with the advice and consent of the as follows: chattel mort 1. Where any mortgage of goods and chattels is registered Certificates for under the provisions of chapter forty-five of the Consoli- discharging dated Statutes for Upper Canada, respecting Mortgages and gages. Sales of Personal Property, such mortgage may be discharged, by the filing, in the office in which the chattel mortgage is registered, of a certificate signed by the mortgagee, his executors or administrators, in the form given in the Schedule hereto, or to the like effect. tificates of 2. The officer with whom the chattel mortgage is filed, Entering cer upon receiving such certificate, duly proved by the affida- discharge, vit of a subscribing witness, shall, at each place where the number of such mortgage has been entered, with the name of any of the parties thereto, in the book kept under section eight of the said Act, or wherever otherwise in the said book the said mortgage has been entered, write the words, "Discharged by certificate No." (stating the number of certificate,) and to the said entry such officer shall affix his name, and he shall also endorse the fact of such discharge upon the instrument discharged, and shall affix his name to such in strument. 3. Where a mortgage has been renewed under section ten of Where mortthe said Act, the endorsement or entries required by the pre- been regages have ceding section to be made, need only be made upon the copy newed. filed on the last renewal, and at the entries of such copy in the said book. 4. In case any registered chattel mortgage has been assigned, Entry of assuch assignment may, upon proof by the affidavit of a sub-signment of mortgages. scribing witness, be numbered and entered in the alphabetical chattel mortgage book, in the same manner as a chattel mortgage, and the proceedings authorized by the preceding sections of this Act may and shall be had, upon a certificate of the assignee, proved in manner aforesaid. 5. The affidavit required by the tenth section of the said Act may be made by any next of kin, executor or administrator of any deceased mortgagee, or by any assignee claiming by Sec. 10 of C. amended S. U. C. c. 45 162 Fees. This Act to be CHAP. 22. PERMANENT BUILDING SOCIETIES. or through any mortgagee, or any next of kin, executor or administrator of any such assignee; but if the affidavit be made by any assignee, next of kin, executor or administrator of any such assignee, the assignment, or several assignments through which such assignee claims shall be filed in the office in which the mortgage is filed, at or before the time of such refiling by such assignee, next of kin, executor or administrator of such assignee. 6. For services under this Act, the said officer shall be entitled to charge twenty-five cents. 7. This Act shall be read as part of the said Act respecting read as part of Mortgages and Sales of Personal Property. C. S. U. C. c. 45. SCHEDULE. To the Clerk of the County Court of the County of 1 of do certify that has satisfied all money due on, or to grow due on a certain chattel mortgage made by which mortgage bears date the to day of A.D. and was registered (or in case the mortgage has been renewed under section ten, was re-registered,) in the office of the Clerk of the County Court of the County of the , A.D. as No. (here mention the day and date of registration of each assignment thereof, and the names of the parties, or mention that such mortgage has person not been assigned, as the fact may be), and that I am the entitled by law to receive the money, and that such mortgage. is therefore discharged. An Act to amend the Acts respecting Permanent WH [Assented to 2nd March, 1877.] HEREAS by the sixth section of the Act passed in the of the reign of Her Majesty Queen thirty-ninth year Victoria, and chaptered thirty-two, the power to borrow con ferred ferred upon Building Societies, and Companies incorporated under the Building Societies Act, is limited to the amount of their paid-up capital and one-third more; and whereas it is desirable that the powers there conferred should be increased to enable such Societies to borrow additional moneys upon debentures, and the said Act should be altered and amended in this particular; Therefore Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: cieties to issue mortgages. 1. The powers of Building Societies authorized to borrow Powers of money upon debentures, issued under the provisions of the building 80sixth section of the Act passed in the thirty-ninth year of Her debentures. Majesty's reign, chaptered thirty-two, are hereby increased, and such Societies are hereby authorized and empowered to issue debentures to such an amount as, with all the other liabilities of such society, shall be equal to double the amount of the capitalized fixed and permanent stock, not liable to be withdrawn therefrom, and reserve fund of such Society: Pro- Proviso: not vided always, that the total liabilities of such Society shall to exceed their not at any time exceed the amount of principal remaining unpaid on the mortgages at such time held by such Society; and that in estimating the liabilities of such Society, the amount of cash actually in the hands of such Society, or deposited in any chartered bank, shall be deducted therefrom: Provided, that in ascertaining the principal remaining unpaid Proviso on the mortgages held by any such Society, it shall be incumbent upon such Society to compute or discount such mortgages at rates of interest at least equal to the rates which they respectively bear or were originally calculated to yield: Provided Proviso. further, that all loans or advances made by any Society, to its shareholders upon the security of their stock, shall be deducted from the amount of paid-up capital upon which such Society is authorized to borrow. 2. The reserve fund of any Society shall consist of surplus Reserve profits and assets, after full and ample provision shall have Fund. been made for all bad and doubtful debts, and other known contingent deductions. tention of So rowing powers 3. In case any such Society having heretofore issued deben- Notice of intures under the said Act, thirty-nine Victoria, chapter thirty-ciety to avail two, desires to avail itself of the increased borrowing powers itself of the herein before conferred, it shall be the duty of the Board of increased borDirectors of such Society, to leave at the place where such debentures are payable, a copy of this Act and a printed notice directed to the holders of such debentures, that such Society intends to avail itself of the provisions of this Act, and thereupon any such debenture holder shall at any time within six months after the leaving of such notice, as aforesaid, have the right after giving six months' notice in writing, to demand, and on |