under it declared as valid And all proceedings said recited Act, or any of the provisions thereof, shall be as valid and as if it had not expired. effectual to all intents and purposes whatsoever as if the same had not expired. Preamble. 4th, 6th, 7th, 10th, and 14th sections 5 Will. 4th, ch. 1, repealed. Plaintiffs in actions against soveral parties to in a given form. CHAP. VIII. AN ACT to make perpetual certain parts of an Act passed in the fifth year of the reign of His late Majesty King William the Fourth, entitled, "An Act to prevent the unnecessary multiplication of Law Suits, and increase of Costs in Actions on Notes, Bonds, Bills of Exchange and other Instruments," and for other purposes therein-mentioned. [Passed 10th February, 1840.] WHEREAS an Act passed in the fifth year of the reign of His late Majesty King William the Fourth, entitled, "An Act to prevent the unnecessary multiplication of Law Suits, and increase of Costs in Actions on Notes, Bonds, Bills of Exchange and other Instruments," is about to expire, and it is expedient to continue the said Act and make it permanent: Be it therefore enacted by the Queen'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, entitled, "An Act to repeal certain parts of an Act passed in the fourteenth year of His Majesty's reign, entitled, '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of the same, That the fourth, sixth, seventh, tenth and fourteenth clauses of the said Act be and the same are hereby repealed. II. And be it further enacted by the authority aforesaid, That the Plaintiff a bill or aote, may declare in any joint Action against the Drawers, Makers, Endorsers and Acceptors, or any of them, of any Bill of Exchange or Promissory Note, may declare in the form contained in the Schedule hereto annexed upon such Bill or Note, varing the same according to the circumstances of the case. Defendants may set off several demands, when of III. And be it further enacted by the authority aforesaid, That in any a particular description; Such Action the person sued shall be entitled to set off against the said Plaintiff any payment, claim or demand, whether joint or several, which in its nature and circumstances arises out of or is connected with the Bill or Promissory Note, which is the subject of such joint Action, or the consideration thereof, in the same manner and to the same extent as though such Defendant had been sued in the form heretofore used; and if the Jury shall allow any demand as a set off, and still find a balance in favour of the Plaintiff, they shall state in the verdict the amount which they allow to each Defendant as a set off against the Plaintiff's demand. Proceedings already IV. And be it further enacted by the authority oforesaid, That any proceedings now pending under the said recited Act, shall be conducted to instituted to be continued a final end, in the same manner as if this Act had not been passed. SCHEDULES. 1.-On a Promissory Note. For that whereas the said day of thereby promised and the said, at (the maker of the Note,) on the— made his Promissory Note in writing, and (setting forth the Note in the usual manner,) (the first, second or other Endorsers,) afterwards duly endorsed the same, and the said. (the last Endorser) delivered the said Note so endorsed to the said Plaintiff. (aver presentment, notice. in the particular case.) By reason whereof the said Law necessary (all the Defendants) became jointly and severally liable to pay to the said Plaintiff the said sum of Money in the said Note specified, and being so liable, afterwards jointly and severally promised the said Plaintiff to pay him the same. (Add the usual breach.). 2. On a Bill of Exchange. For that whereas the said (the drawer,) on the day of ————————, at ———————, drew his certain Bill of Exchange, directed to as before. Preamble. CHAP. IX. AN ACT to regulate the time for making Returns and Payments by [Passed 10th February, 1840.] WHEREAS it is expedient to make certain alterations in the present system of making Returns to the Inspector-General of Rublic Accounts, and also in the issuing of certain Licenses: Be it therefore enacted by the Queen'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, entitled, "An Act to repeal certain parts of an Act passed in the fourteenth year of His Majesty's reign, entitled, '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 Part of ith Geo. 1, ch. 11, authority of the same, That so much of a certain Act passed in the fourth Session of the eighth Provincial Parliament, in the fourth year of the reign of His late Majesty King George the Fourth, as prescribes the time of making Returns to the Inspector-General of this Province, and of paying over moneys to the Receiver-General of the same, be and the same is hereby repealed. sec. 6, repealed. Collectors of Customs to Periods; II. And be it further enacted by the authority aforesaid, That from and Inspector General; to after the passing of this Act, all Collectors of Customs in this Province shall make a Report to the Inspector-General of this Province, four times in every year, of all Entries made at their Port or Ports of Entry, which Reports shall also severally comprise a faithful statement of all Duties paid or secured, and the proceeds of all seizures and penalties received, or which shall have accrued within the periods following, that is to say: between the sixth day of January and the fifth day of April; the sixth day of April and the fifth day of July; the sixth day of July and the fifth day of October; and the sixth day of October and the fifth day of January; and that the first and last days of such periods shall be inclusive; and that the said Returns shall be transmitted to the Office of InspectorGeneral within twenty days next after the expiration of every Quarter as Seizures to be reported; aforesaid; and shall also Report to the Inspector-General all seizures by the said Collectors, or any of their Deputies, made within twenty days First and last days inclusive; each quarterly period to Receiver General. after making the same; and the full amount of the Duties, and proceeds of all seizures, as shall in such Returns be stated to have come into the within twenty days after hands of such Collector or Collectors, shall within the said term of twenty days be paid by him or them into the hands of Her Majesty's ReceiverGeneral for this Province. next. III. And be it further enacted by the authority aforesaid, That the current returns to be Accounts and Returns for the current Quarter, shall be made up and made up to the 5th April closed to the fifth day of April now next ensuing, and transmitted, and the moneys therein stated to have been received, paid over within the twenty days directed in the preceding clause of this Act. make quarterly returns to First and last days inclusive; IV. And be it further enacted by the authority aforesaid, That from and District Inspectors to after the passing of this Act, it shall and may be lawful for each and every Inspector General; District Inspector of this Province, and each and every of them is hereby required to transmit quarterly to the Inspector-General of this Province, a just true and faithful Account, to be verified on oath, of all moneys which he or they shall receive under and by virtue of this or any other Act of Parliament of this Province, within the periods following, that is to say: Periods; between the sixth day of January and the fifth day of April; the sixth day of April and the fifth day of July; the sixth day of July and the fifth day of October; and the sixth day of October and the fifth day of January, in each and every year, and that the first and last days of such periods shall be inclusive; and that the said Returns shall be transmitted to the Office of the Inspector-General within twenty days next after the expiration of each quarterly period as aforesaid, and shall also pay or cause to be paid into the hands of Her Majesty's Receiver-General for this And payment to be made Province, within the said period of twenty days from the expiration of within twenty days after each of said periods, all moneys in such Account mentioned to have been received as aforesaid, any thing contained in any Act of Parliament of this Province in any wise to the contrary notwithstanding; and further, Current returns to be that the Accounts for the current Quarter shall be made up to the fifth next. day of April next, and the moneys therein-mentioned be paid over in the said period of twenty days therefrom. Returns to be transmitted within twenty days; to Receiver-General each Quarterly period. made up to the 5th April V. And be it further enacted by the authority aforesaid, That so much Part of 56 Geo. 3, ch. 34 ; of a certain Act passed in the fifty-sixth year of the reign of His late Majesty King George the Third, entitled, "An Act for granting to His Majesty Duties on Licenses to Hawkers, Pedlers and Petty Chapmen, and other trading persons therein-mentioned,' and also so much of a certain other Act passed in the fifty-eighth year of His said late Majesty Repealed. C And of 58 Geo. 3, ch. 5: After 5th April next, Inspectors. King George the Third, entitled, "An Act to continue, repeal part of and amend an Act passed in the fifty-sixth year of His Majesty's reign, entitled, An Act for granting to His Majesty Duties on Licenses to Hawkers, Pedlers and Petty Chapmen, and other trading persons therein-mentioned, and to extend the provisions of the same," as devolve the duty of issuing Licenses to the persons therein-named as the Collectors, be and the same are hereby repealed. VI. And be it further enacted by the authority aforesaid, That from and to be issued by District after the expiration of the current Quarter, ending on the fifth day of April next, the said Licenses directed by the said two last recited Acts shall, and the same are hereby directed and required to be issued to the persons in the said Acts named and described by the District Inspectors in this Province, and the Duties and Fees on said Licenses to be received by the said Inspectors, according to the provisions of the said last-mentioned Acts, any thing to the contrary notwithstanding. allowed costs when they fail in prosecuting; VII. And be it further enacted by the authority aforesaid, That from and District laspectors to be after the passing of this Act, it shall and may be lawful for the District Inspectors, out of the moneys by them collected, to retain the amount of costs by them respectively disbursed, in cases where a conviction may not be obtained: Provided the Justice or Justices, or a majority of them, before whom the matter may be heard, shall certify that there was probable and reasonable cause for instituting such prosecution; and the several Inspectors are hereby required to insert the particulars of such claim for costs. disbursed in their Quarterly Returns, to be verified on oath as soon as by law directed. If Justices certify probable cause. Ail Licenses for keeping Returns to be made and monies to be paid over cases already provided Receiver General, as in for. VIII. And be it further enacted by the authority aforesaid, That all Licenses to the Keepers or Proprietors of Billiard Tables to be granted after the passing of this Act, shall be dated on the sixth day of January in the year in which they may respectively be issued, and shall continue in force until the fifth day of January following; and that all moneys to received by the Inspector for or on account of such Licenses, shall be returned in the Quarterly Accounts directed by this Act, and be paid over with the moneys received for other Licenses to the Receiver-General, within the twenty days after the expiration of each period as directed by this Act, any thing in any Act of this Province contained to the contrary wise notwithstanding. in any IX. And whereas it is necessary to afford greater facilities for the conviction and punishment of persons having or keeping a Billiard Table, |