Writ issues 2. In case the Writ issues without an order, the Sheriff shall what the take and detain the property, and shall not replevy the same Sheriff shall to the claimant without the order of a Judge or a rule of the do when the Court in that behalf; but may, within fourteen days from the without a time of his taking the same, re-deliver it to the defendant, Judge's order. unless in the mean time the claimant obtains and serves on the Sheriff a rule or order directing a different disposition of the Proviso. property; but this section shall not apply in case of a distress for rent or damage feasant, under the third sub-section of the first section of this Act. Court or Judge when 3. When an application for an order is made, the Court or Discretionary Judge may proceed on the ex parte application of the claimant, power of the or may grant a rule or order on the defendant to show cause why the writ should not issue; and may, on the ex parte an application application, or on the return of the rule or order to show cause, for an order grant or refuse the writ, or direct the Sheriff to take a bond in is made. less or more than treble the value of the property, or may direct him to take and detain the property until the further order of the Court, instead of at once replevying the same to the plaintiff; or may impose any terms or conditions in granting the Writ, or in refusing the same, (on the return of a rule or order to show cause,) as, under the circumstances in evidence, appear just. should not be discharged, &c. 4. In case a Writ of Replevin is issued, whether with or Defendant without an order, or in case any rule or order is made under may apply for the preceding section, the defendant may, at any time, or from a rule to show cause why the time to time, apply to the Court or Judge, on affidavit or other- Writ, &c., wise, for a rule or order on the plaintiff to show cause why the writ, or why the rule or order respecting the same, should not be discharged, or why the same should not be varied or modified, in whole or in part, as therein specified, or why all further proceedings under the writ should not be stayed, or why any other relief, to be referred to in the rule or order so applied for, should not be granted to the defendant, with respect to the return, safety or sale of the property or any part thereof, or otherwise; and the Court or Judge may make such rule or order thereon, as, under all the circumstances, best consists with justice between the parties. Further conditions of the taken by the bond to be 5. Before the Sheriff acts on any Writ of Replevin, he shall take a bond, conditioned not only to the effect mentioned in form B, appended to the above cited Act, but also that the plaintiff do pay such damages as the defendant shall sustain by the issuing Sheriff before of the Writ of Replevin, if the plaintiff fails to recover judgment acting on the on the suit; and further, that the plaintiff do observe, keep and perform all rules and orders made by the Court in the suit. Writ 6. In case the value of goods or other property or effects In cases under distrained, taken or detained, does not exceed the sum of $40, Writ may forty dollars, the Writ may issue from the Division Court for issue from the Division Procedure in Goods taken from Division the Division within which the defendant or one of the defendants resides, or carries on business, or where the goods or other property or effects have been distrained, taken or detained. 7. But the matter shall be disposed of without formal pleadings, and the powers of the Courts and Officers, and the proceedings generally in the suit shall be, as nearly as may be, the same as in other cases which are within the jurisdiction of Division Courts; and this Act and the Act relating to Replevin shall, so far as any such suit is concerned, be read as if they formed part of the Act respecting Division Courts. (Consolidated Statutes for U. C., chapter nineteen.) 8. The Act relating to Replevin shall not hereafter authorize under process the replevying or taking out of the custody of any Bailiff any Court not re- personal property seized by him under any process issued out pleviable. of a Division Court in Upper Canada. Certain sec tions of Com mon Law Procedure Act to apply. Act limited to 9. So far as relates to proceedings in the Superior Courts of Law and in the County Courts, the sections of the Common Law Procedure Act, numbered respectively from three hundred and thirty-three to three hundred and forty-one, shall be deemed to apply to this Act as if this Act had been incorporated with the said Common Law Procedure Act, but it shall not be necessary to lay before Parliament the rules, orders, or regulations made by the Judges for the purposes of this Act. 10. This Act applies to Upper Canada only. CAP. XLVI. Preamble. Sect. 8 of cap. 33 of Con. An Act to amend An Act respecting the Law Society of [Assented to 19th May, 1860.] ER Majesty, by and with the advice and consent of the H Legislative Council and Assembly of Canada, enacts as follows: 1. The eighth section of the thirty-third Chapter of the Consolidated Statutes for Upper Canada, intituled: An Act Stat. U. C., respecting the Law Society of Upper Canada, is hereby repealed. repealed. New section 2. The following section shall be substituted for the repealed substituted. section, and shall, in lieu thereof, be read as the eighth section. of the said Act: Certain offi "The Clerks of the Crown and Pleas, and the several Decers to collect puty Clerks of the Crown, the Clerk of the Process, the Clerks fees and ac- of Assize, the Registrar of the Court of Chancery, the Clerk of the count for them the Court of Appeals, the Surrogate Clerk and the Clerk of the Heir and Devisee Commissioners, shail severally collect the quarterly. sums by this Act imposed on the writs, process and proceedings herein mentioned, and render quarterly Accounts of the same to the Minister of Finance, and every such Account shall be signed by the Officer rendering the same, and be declared by him before any Judge or Justice of the Peace, and such Officer shall pay the same to the account of, or to the Receiver General, at such time as the Governor in Council may direct." CAP. XLVII. An Act to amend "An Act respecting Barristers at Law." [Assented to 19th May, 1860.] ER Majesty, by and with the advice and consent of the follows: Preamble. sions of cap. 1. The provisions of the second sub-section of the first section of the thirty-fourth chapter of the Consolidated Statutes for Certain proviUpper Canada, intituled: An Act respecting Barristers at 34 of Con. Law, shall not apply to any person who may have been, Stat. U. C., from and after the first day of March, in the year one thousand not to apply eight hundred and sixty, or may, at any time after that period, admitted after be admitted into the Law Society of Upper Canada, and stand 1st March, on the books of the said Society as a Student of Laws. 2. The following section shall be taken and read as an additional sub-section to the said first section of the said Act: to Students 1860. Addition to sect. 1 of cap. 34. may, on cer Any person who, subsequently to the first day of March, in the year one thousand eight hundred and sixty, has been or who Such Students may, at any time after that period, be admitted into and stand on tain condithe books of the Law Society for Upper Canada as a Student of tions, be adthe Laws for three years, and has conformed himself to the rules of mitted after three years' said Society, and has, prior to the date of his admission to the study. said Society and to the books of the said Society as a Student, actually taken and had conferred upon him the Degree of Bachelor of Arts or Bachelor of Law in any of the Universities of the United Kingdom of Great Britain and Ireland, or of any University or College in Canada, having power to grant Degrees, may be admitted to practise at the Bar in Her Majesty's Courts of Law and Equity in Upper Canada.” Preamble. Certain provi Stat. U. C., not to apply CAP. XLVIII. An Act to amend "An Act respecting Attorneys at Law." [Assented to 19th May, 1860.] ER Majesty, by and with the advice and consent of the follows: 1. The provisions of the second sub-section of the second sions of sec. 2, section of the thirty-fifth chapter of the Consolidated Statutes cap. 35 of Con. for Upper Canada, intituled: "An Act respecting Attorneys at Law," shall not apply to any person who may have been from and after the first day of March, in the year one thousand eight hundred and sixty, or may, at any time after that period, be bound by contract in writing to a practising Attorney or Solicitor in Upper Canada to serve him as a Clerk. to Students entered after 1st March, 1860. Addition to that section. Such Students may, on cer tain conditions, be admitted after 3 years' Clerkship. Preamble. Penalty on fusing to de 2. The following section shall be taken and read as an additional sub-section to the said second section of the said Act: Any person who has actually taken and had conferred upon him the Degree of Bachelor or of Master of Arts, or of Bachelor or of Doctor of Laws, in any of the Universities of the United Kingdom of Great Britain and Ireland or of this Province, having power to grant Degrees, and has, after having taken and had conferred upon him such Degree, been bound by contract in writing after the first day of March, in the year one thousand eight hundred and sixty, to a practising Attorney or Solicitor in Upper Canada to serve him as a Clerk for three years." CAP. XLIX. An Act to amend the Upper Canada Common School [Assented to 19th May, 1860.] HEREAS it is expedient to amend the Law respecting Common Schools in Upper Canada: Therefore, Her Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows: COMMON SCHOOLS. 1. Any teacher wilfully refusing, on the demand of the majo teacher re- rity of the Trustees of the School Corporation employing him, to deliver up any School Register or School House Key or other School property in his possession, shall be deemed guilty of a misdemeanour and shall not be deemed a qualified Teacher liver up School Regis ter, &c. until restitution be made, and shall also forfeit any claim which he may have against the said Trustees. 2. On the incorporation of a part of any School, section As to remainwithin the limits of a Village, the Municipal Council of the der of School Township, within the limits of which such School section is in section of which part is whole or in part situated, shall have authority forthwith to incorporated attach the part or parts of such school section, not included in a Village. within the limits of the Village Corporation, to an adjacent School section or School sections, or form them into a separate and distinct section or sections. 3. The seventeenth section of the Upper Canada Common Section 17 of School Act, chapter sixty-four of the Consolidated Statutes for Con. Stat of Upper Canada, shall be amended so as to read as follows:- U. C. cap. 64, amended. No person shall be entitled to vote in any School section for the election of Trustee or on any School question whatsoever, un- Who may vote less he shall have been assessed and shall have paid School at School rates as a freeholder or householder in such section; and in School quescase an objection be made to the right of any person to vote in tious. a School section, the chairman or presiding officer at the meeting Declaration shall, at the request of any rate payer, require the person whose may be required. right of voting is objected to, to make the following declaration : elections or on "I do declare and affirm that I have been rated on the asses- Form. "ment Roll of this School section as a Freeholder (or House"holder, as the case may be) and that I have paid a public "School tax due by me in this School section imposed within "the last twelve months, and that I am legally qualified to "vote at this meeting.' Whereupon the person making such declaration shall be per- Penalty for mitted to vote on all questions proposed at such meeting; but false declaraif any person refuses to make such declaration his vote shall tion. be rejected; And if any person wilfully makes a false declaration of his right to vote, he shall be guilty of a misdemeanour and upon conviction, upon the complaint of any person, shall be punishable by fine or imprisonment in the manner provided for in the said Upper Canada Common School Act. Trustee or Time and school elections. 4. The poll at every election of a School Trustees shall not close before eleven of the clock in the fore- hours for Doon, and shall not be kept open later than four of the clock in the afternoon; In school sections the poll shall close on the same day the election is commenced; in cities, towns and incorporated villages the same time shall be allowed for the election. of School Trustees which is allowed for the election of Municipal Councillors in such municipalities. 5. The forty-fifth and forty-sixth sections of the said Upper Sections 45, Canada Common School Act, shall be amended so as to read 46, amended. as follows: "Under the conditions prescribed in the fortieth 7* section |