Majesty, by and with the advice and consent of the Legislative : 1. Every consignee of goods named in a Bill of Lading, and Rights and liaevery endorsee of a Bill of Lading to whom the property in the bilities of consignees and engoods therein mentioned shall pass upon or by reason of such dorsees of Bills consignment or endorsement, shall have transferred to, and vest- of Lading. ed in him all rights of suit, and be subject to the same liabilities in respect of such goods as if the contract contained in the Bill of Lading had been made to himself. and liabilities 2. Nothing herein contained shall prejudice or affect any Certain rights right of stoppage in transitu, or any right to claim freight not affected. rgainst the original shipper or owner, or any liability of the aonsignee or endorsee, by reason or in consequence of his being cuch consignee or endorsee, or of his receipt of the goods by season or in consequence of such consignment or endorsement. as evidence 3. Every Bill of Lading in the hands of a consignee or en- Bills of Lading dorsee for valuable consideration representing goods to have against signer. been shipped on board a vessel or train shall be conclusive evidence of such shipment as against the master or other person signing the same, notwithstanding that such goods or some part thereof may not have been so shipped, unless such holder of the Bill of Lading shall have had actual notice at the time of receiving the same that the goods had not in fact been laden on board, or unless such Bill of Lading has a stipulation to the contrary; Provided that the master or other person so signing, may exonerate himself in respect to such misrepresentation, by showing that it was caused without any default on his part, and wholly by the fraud of the shipper, or of the holder, or some person under whom the holder claims. CAP. XX. Registration of Co-Partnerships Act, 1869. [Assented to 24th December, 1869.] HEREAS it is expedient to remove the difficulties that Preamble. exist in bringing actions against persons associated as partners for trading purposes, or against unincorporated companies or societies formed for like purposes: Therefore Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario enacts as follows: 1. That all persons who, at the time of the passing of this Persons in Act, or who hereafter may be associated in partnership for trad- partnership to deliver a declaration to ing manufacturing or mining purposes, shall cause to be the Registrar. delivered to the Registrar of the county, city, or riding in which they carry or intend to carry on business, a declaration in writing, signed by the several members of such co-partnership; Provided however, that if any When some of of the said members be absent from the place where they carry or intend to carry on business, at the time of making such declaration, then by the members present in their own names, and also for their absent co-members, under their special authority to that effect, such special authority to be at the same time filed with such Registrar and annexed to such declaration. the parties are absent. Requisites of declaration. Time of filing declaration. Penalty for non-compli ance. 2. Such declaration shall contain the names, surnames, additions and residences of each and every partner as aforesaid, and the name, style or firm under which they carry on or intend to carry on such business, and stating also the time during which the partnership has existed or is to exist, also declaring that the persons therein named are the only members of such copartnership. 3. The said declaration shall be filed within six months after the passing of this Act, if such partnership shall have been or shall be formed before the time when this Act shall come into force and effect, and within six months next after the formation thereof, if it shall be formed after the said Act shall come into force and effect; and a similar declaration shall in like manner be filed when and so often as any change or alteration shall take place in the membership of such partnership, or in the name, style or firm under which they intend to carry on business, and place of residence of each member of said firm. 4. Each and every member of any partnership failing to comply with the requirements of this Act shall forfeit the sum of two hundred dollars, to be recovered before any court of competent jurisdiction, by any person suing, as well in his own behalf as on behalf of Her Majesty; and half of such penalty shall Application of belong to the Crown for the uses of the Province, and the other penalty. half to the party suing for the same, unless the suit be brought, as it may be, on behalf of the Crown only, in which case the whole of the penalty shall belong to Her Majesty for the uses aforesaid. Registrar to record declaration. Registrar's fees. Form of declaration. 5. It shall be the duty of the Registrar to enter each such declaration as aforesaid in a book to be by him kept for that purpose, which shall at all times during office hours be open to the inspection of the public gratuitously; and for registering each such declaration the Registrar shall receive from the person filing the same the sum of fifty cents if it shall not contain more than two hundred words, and at the rate of ten cents per hundred words for all above the number of two hundred; and such declaration shall be in the form of the Schedule to this Act annexed. not to be con 6. The allegations made in the declaration aforesaid shall not Allegations in be controvertible as against any party by any person who shall the declaration have signed the same, nor as against any party not being a mem- trovertible ber of the partnership by any person who shall have signed the against certain same, or who was really a member of the partnership therein mentioned at the time such declaration was made. parties. to be deemed tion is filed. ing to declare 7. Until a new declaration shall have been made and filed by Persons signhim, or by his co-partners or any of them as aforesaid, no such ing declaration signer shall be deemed to have ceased to be a partner: such new partners till declaration shall state such alteration in the partnership; Pro- new declaravided, however, that nothing herein contained shall exempt from liability any person who, being a partner, failed to declare the Liability of same as already provided, and such person may, notwithstand- partners failing such omission, be sued jointly with the partners mentioned the same. in the declaration, or they may be sued alone, and if judgment be recovered against them, any other partner or partners may be sued jointly or severally in an action on the original cause of action upon which such judgment was rendered; nor shall Rights of partanything in this Act be construed to affect the rights of any themselves. partners with regard to each other, except that no such declaration as aforesaid shall be controverted by any signer thereof. ners between brought partners in 8. After the expiration of ninety days from the passing of How actions this Act, if any persons shall be or shall have been associated may be as partners for the purpose of trade, and no declaration shall against have been filed under this Act with regard to such partnership, trade not filing then any action which might be brought against all the mem- declaration; bers of the partnership may also be brought against any one or more of them, as carrying on or as having carried on business jointly with others, without naming such others in the writ or declaration under the name and style of their said co-partnership firm; and if judgment be recovered against him or them, any other partner or partners may be sued jointly or severally on the original cause of action on which such judgment shall have been rendered; Provided always, that if any such action be founded tion is foundon any obligation or instrument in writing in which all or any ed on any obliof the partners bound by it shall be named, then all the partners gation in writnamed therein shall be made parties to such action; and any judgment rendered against any member of such existing co-partnership for a partnership debt or liability, shall and may be executed by process of execution against all and every the partnerships stock, property, and effects, in the same manner, and to the same extent as if such judgment had been rendered against such co-partnership. when the ac ing. SCHEDULE. SCHEDULE. Province of Ontario, County of The pation), hereby certify that we have carried on and intend to carry on trade and business as in partnership under the name or firm of (or, as the case may be) I, (or We) the undersigned of at in of the at of and (E. F.) and that the said partnership hath subsisted since day of one thousand eight hundred or that we, or (I or We) and the said (C. D.) and (E. F.) are and have been since the said day the only members of the said partnership. day of Witness our (or any of our) hands at this Preamble. CAP. XXI. An Act to amend the Act of the late Province of Canada, passed in the twenty-ninth year of Her Majesty's reign, entitled "An Act to secure to wives and children the benefit of assurances on the lives of their husbands and parents." [Assented to 24th December, 1869.] WHEREAS by the Act passed in the twenty-ninth year of Her Majesty's reign, for securing to wives and children the benefit of assurances on the lives of their husbands and parents, it is among other things provided that it shall be lawful for any person to insure his life for the benefit of his wife, or his wife and children, or for the benefit of his children only, and to apportion the same among such children, and it is thereby further provided that upon the death of the party assured, the insurance money shall be payable according to the terms of the policy; and whereas, no provision being made in the said recited Act, for the payment of such money, in the event of the children entitled thereto being under age, assurance companies granting policies which have become subject to the provisions of the said Act have experienced great difficulties and inconvenience in obtaining a proper discharge in cases where the assured has merely apportioned the same same to his children, without naming any one to receive the same during their minority, and it is expedient to relieve them from such risk and inconvenience, and to provide some means whereby they may obtain a sufficient discharge, on payment of the said moneys; Therefore Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts: minors, may the insured. 1. That in all cases where the party insured under any Insurance policy, has directed, or shall hereafter direct, the insurance moneys due to money, or any portion thereof, to be paid to his child or be paid to children, without naming any person to receive the same on executors of his or their behalf during his or their minority, it shall be competent to the assurance company granting such policy, to pay the amount due to such of the children as shall be minors, into the hands of the executor or executors of such insured person, whether such person shall have died before the passing of this Act or not, who shall hold the same as trustees for such children, and the receipt of such executor or executors shall be a sufficient discharge to the company. without ap the insurance 2. If the said insured shall have died, or shall hereafter If an insured happen to die intestate and without having appointed in die intestate, writing any person to whom such payment may be made on pointing any behalf of such infants, the payment to a guardian of such one to receive infants, duly appointed by one of the Surrogate Courts of this moneys, they Province, shall be a sufficient discharge to the assurance com- may be paid to pany for the money so paid, and the company shall not be bound a guardian for to see to the application of the money, or be liable for the subsequent misapplication thereof; but the guardian so appointed shall give security to the satisfaction of the Judge of such Security by Court, for the faithful performance of his duty as guardian, guardian. and the proper application of the moneys which he shall receive. eys due to 3. It shall be lawful for the trustee or trustees named in the Powers as to last two preceding sections, to invest the moneys so to be insurance monreceived upon government securities or municipal debentures minors. or on mortgage of real estate, with full power from time to time, to alter, vary, and transpose the same, and to apply all or any part of the annual income arising from the share or presumptive share of each of the children, of and in the said trust funds, in or towards his or her maintenance and education in such manner as the trustee or trustees may think fit, and also to advance unto and for each or any of the said children notwithstanding his or her minority, the whole or any part of the presumptive share of the same child of and in the said trust moneys for the advancement or preferment in the world or in marriage of any such child. 4. If a person who has effected or shall hereafter effect an Power to surinsurance in the terms of the said Act, shall find himself render policy.. unable |