1869. ELECTION of members of THE LEGISLATURE. CAP. 3, 4, 5. dance was not on any day occasioned by sickness, omit the words from ** to *** If the person making the declaration became or ceased to be a member after the commencement of the session, vary the form, so as to state correctly the facts upon which the sum due to the member is to be calculated. 19 CAP. IV. An Act to amend An Act passed in the Session held in the thirty-second year of the reign of Her Majesty, intituled "An Act respecting elections of Members of the Legislative Assembly." [Assented to 24th December, 1869.] HER Majesty, by and with the advice and consent of the as follows: amended. 1. That section twenty-five of the Act passed in the Session 32 Vic. ch. of the Legislature of the Province of Ontario, held in the thirty- 21, s. 25 second year of Her Majesty's reign and chaptered twenty-one, is hereby amended by adding the words "or incorporated village" after the word "township" in said section; and the said section shall be read as if the words "or incorporated village" had been originally inserted. members abol 2. From and after the passing of this Act no qualification in Property real estate shall be required of any candidate for a seat in the qualification of Legislative Assembly of Ontario, any statute or law to the ished. contrary notwithstanding, and every such last mentioned statute and law is hereby repealed. CAP. V. An Act to remunerate certain Members of the Court of Error and Appeal. H [Assented to 24th December, 1869.] [ER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: 32 Vic., ch. 1, sec. 6, repealed. Remuneration to Chief Jus bers of the Court. 1. Section six of the Act passed in the Session held in the thirty-second year of Her Majesty's reign, and chaptered one, shall be and is hereby repealed from and after the first day of January, in the year of our Lord one thousand eight hundred and seventy. 2. The Chief Justice of Appeal and the other members of tice and mem- the Court of Error and Appeal, being also Commissioners under the Heir, Devisee and Assignee Commission for the time being, shall be paid for the year one thousand eight hundred and seventy, and for every year thereafter, out of the Consolidated Revenue Fund of this Province, the sum of one thousand dollars each, to be paid quarterly on the last days of each of the months of March, June, September and December in each year, free and clear from all taxes and deductions whatever, and so in proportion for any broken period. The Lieu CAP. VI. An Act respecting the Appointment of Notaries Public. HER [Assented to 24th December, 1869.] ER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: 1. It shall be lawful for the Lieutenant-Governor to appoint tenant-Gover- from time to time as he thinks fit under his hand and seal at point Notaries. arms, one or more Notaries Public for this Province. nor may ap Powers of Appointments since 1st July, valid. 2. Every such Notary shall have use and exercise the power of drawing, passing, keeping and issuing all deeds, contracts, charter-parties and other mercantile transactions in this Province, and also to attest all commercial instruments that may be brought before him for public protestation, and otherwise act as usual in the office of Notary, and demand, receive and have all the rights, profits and emoluments rightfully appertaining and belonging to the said calling of Notary Public during pleasure. 3. Each and every commission appointing Notaries Public 1867, declared in this Province since the first day of July one thousand eight hundred and sixty-seven is hereby declared to have been lawfully issued, and every act, matter and thing, done or performed under or by virtue of such last mentioned commissions shall be held to have the same force and effect in law as any act, matter or thing lawfully done or performed by Notaries Public appointed after this Act shall come into force. САР. CAP. VII. An Act to make further provisions for carrying out the Act intituled "The Law Reform Act of 1868," and to regulate proceedings on Writs of Error and Certiorari. [Assented to 24th December, 1869.] ER Majesty, by and with the advice and consent of the as follows: size as to before him. 1. In any action in the County Court entered for trial at any Powers of sittings of assize and nisi prius, under the said Act passed Judge of Asin the thirty-second year of Her Majesty's Reign, intituled County Court The Law Reform Act of 1868, the Judge presiding at the causes tried sittings shall have the same powers as to amendment of the record, adding and amending pleadings, putting off the trial, reference to arbitration, and making the cause a remanet, and otherwise dealing with the cause and proceedings therein, as if the action had been commenced in a Superior Court of Common Law. record as a re 2. Whenever the said Judge endorses on the record in any When such such action the word "remanet," and adds any words to the Judge marks effect following: "And the within cause may be entered and manet, etc,, it tried at any County Court or Assizes," such cause may be en- may be tried at subsequent tered at any subsequent sittings of the County Court, or of As- sitting or assize and nisi prius, without any further entry or suggestion size. whatever relative thereto, and may be tried and disposed of in the same way as any other case entered at such sittings. record. 3. In the cases named in the next prior section, an entry Entry of reshall be made on the record next after the suggestion in the manet on the form C. of the said Act, as follows: "And at the said sittings the presiding Judge endorsed, or caused to be endorsed on the record that this cause was a remanet, and might be entered and tried at any County Court or Assize;" and the postea shall then be adapted to the finding of the issues, as they may be tried and determined before a Judge or a jury in the County Court, or at the sittings of Assize and nisi prius. as to awards 4. Whenever any such cause is referred to arbitration by Powers of the presiding Judge at such sittings, the County Court in which County Court the action is brought, and the Judge thereof, shall have the when Judge same power to enforce the award, and make orders and rules of Assize rerelating thereto, and to setting aside of the award, as if the or- tion. der referring the case to arbitration had been made by the County Judge. fers to arbitra When County Court jurisdic Certiorari. 5. The decision of the Superior Court of Law, at Toronto, on any motion made under sub-section five, of section seventeen, of the said statute, as amended by section eight of this Act, shall be final, and shall not be subject to appeal to the Court of Error and Appeal, or to any writ of error to that or any other Court. 6. Whenever the verdict or finding of the Judge is moved against under sub-section two, of section eighteen of the said statute, it shall not be obligatory on the Court before which such motion is made to grant a new trial when the objections taken are against the sufficiency of the evidence, or the erroneous view taken thereof by the Judge, or on a mistaken view of the law of the case; but the Court may pronounce the verdict which, in their judgment, the Judge who tried the cause ought to have pronounced, and amend the postea, and enter the verdict accordingly, subject nevertheless to appeal on the same grounds as if the decision of the Court had been to grant a new trial, instead of ordering the postea to be amended. 7. There shall be sittings of the several County Courts of this Province (except for the County of York), on the first Monday in the months of April and October in each year, whereat all issues of fact in any civil action brought in the Court wherein the sittings shall be, and every assessment and enquiry of damages in any such action may be heard, tried and assessed by the Judge of such Court without the intervention of a jury in those cases where no jury is required; and on any such finding, assessment or enquiry, the postea shall be to meet the facts. 8. Sub-section five, of section seventeen, of the said Act, is hereby amended by inserting the word "non-suit" after the word "any," in the first line and inserting the words "cause, had" after the word "court" in the second line. 9. In any case removed from the County Court to either of the Superior Courts of Common Law by a writ of Certiorari, it shall not be necessary to declare de novo, but the case shall proceed on the record as it stands when removed into the Superior Court, and all subsequent proceedings may be had and taken in the cause in the same way as if it had been originally commenced and prosecuted in such Superior Court. 10. Whenever it shall appear in any action otherwise of the tion ousted, proper competency of the County Court that such Court has the case may not cognizance thereof from the title to land being brought in be removed by question, or from the validity of any devise, bequest, or limitation under any will or settlement being disputed, it shall be lawful for any Judge of either of the Superior Courts of Common Law or the Judge of the County Court before whom such cause is pending, to order a writ of Certiorari to issue out of one 1 terms on Superior one of the Superior Courts of Common Law to remove such cause into such court: and the Judge making such order may Imposition of in his discretion make and impose such terms on the party ap granting Certi plying for such Certiorari as to costs, and otherwise as the orari. Judge may make under section eleven of this Act; Provided always when such writ shall be issued on the order of a Judge Court Judge of a County Court, a Judge of either of the Superior Courts may review of Common Law sitting in Chambers at Toronto, may rescind order for Cersuch order, or vary the terms thereof or imposed thereby; Court Judge. and the cause when removed into the Superior Court shall be proceeded with in the said court in the manner pointed out in section nine of this Act. tiorari of Co. 11. No writ of error from either of the Superior Courts of Error not to Common Law shall be issued upon any judgment entered, or Court judg lie on County in any suit instituted in any County Court of the Province of ment unless Ontario, unless the debt or damages recovered or claimed for over $100, and only on amount to upwards of one hundred dollars, and then only on leave. affidavit and by leave of a Judge of one of the said Superior Courts in cases in which the said Judge shall think it proper to issue the said writ, and upon such terms as to payment of costs, giving security for debt or costs, or such other terms as he shall think fit. ror to conform 12. The law and practice as to writs of error, and the pro- Proceedings ceedings thereon, shall hereafter be the same as the law and on writs of erpractice now in force in England in respect to writs of Error to English from the Superior Courts of Common Law to Inferior Courts; practice, Provided always that the Judges of the Superior Courts of Common Law in this Province may from time to time alter or rules as to. amend the same by rules of Court to be made and signed by any four of the said Judges, whereof one shall be a Chief Justice. power to make s. 13. The fifth section of the said Act is hereby repeal- 32 Vic., ch. 6, ed, and it is hereby enacted that under the sixty-seventh ". 5 repealed. and sixty-eighth sections of chapter fifteen of the Consolidated Statutes of Upper Canada, parties suing or being sued in the name of others, though not named on the Record, and parties for whose benefit any suit is prosecuted or defended, and parties suing or defending in the name of others, though not mentioned on the Record as parties so named, shall, and may be considered and construed as "a party wishing to ap- Practice on peal" under the said sections of the Consolidated Statute appeal from County Court. above referred to, and may give, or cause to be given, to the opposite party, the security referred to in the said sixty-eighth section of the statute, by a bond executed by two persons, whether named as sureties or as parties interested, or otherwise, in such sum as the Judge of the Court appealed from directs; conditioned that the plaintiff or defendant in whose name the appeal is made, shall abide by the decision of the cause by the Court to be appealed to, and to pay all sums of money and costs as well of the suit as of the appeal award ed |