Form of security.

Damages

when person

or refused

security.

on a sufficient number of men to supply the deficiency, and
the logs owned by or controlled by the person guilty of such
neglect shall be subject to a lien in favour of the person or
persons supplying the deficiency, for a fair proportion of the
charges and expenses of making the separation, and for the
reasonable charges and expenses of booming and keeping
possession, and such person or persons may take and keep
possession of such logs or so much thereof as may be reason-
ably necessary to satisfy the amount of such fair proportion of
charges and expenses pending the decision by arbitration, as
hereinafter provided for. The person taking possession of logs
under this section shall use all reasonable care not to take such
logs beyond the place of their original destination, if known,
but may securely boom and keep possession of the same at or
above such place. The owner or person controlling such logs,
if known, shall be forthwith notified of their whereabouts and
if satisfactory security be given for the amount of such pro-
portion of charges and expenses, possession of the logs shall be
given up.
50 V. c. 17, s. 10.

12. The security referred to in sections 5, 8 and 11 may be by bond in form A in the schedule hereto, or by deposit of money, or in such other way as the parties may agree upon. 50 V. c. 17, s. 11.

13. If it be determined by arbitration, as hereinafter prohas wrongfully vided for, that any person acting under the assumed authority detained logs of this Act, has without just cause taken possession of or detained or caused to be taken possession of or detained logs of another person, or has after offer of security which the arbitrators may think should have been accepted, detained such logs, or has through want of reasonable care left logs of another person on the banks or shores or has taken logs of another person beyond the place of their original destination contrary to the provisions of sections 5, 8 or 11, then such first mentioned person shall pay to such last mentioned person such damages as the arbitrators may determine. 50 V. c. 17, s. 12.

Lien under 88.

5, 8 and 11,

14. The lien given by sections 5, 8 and 11 of this Act shall subject to lien be subject to the lien (if any) of any person or corporation for tolls or dues, for the use of any works or improvements made use of in running or driving logs. 50 V. c. 17, s. 13.

for tolls.

Rights of

Crown not affected.

Disputes to be settled by

arbitration.

15. Nothing in this Act shall affect the liens or rights of the Crown upon or in respect of any logs. 50 V. c. 17, s. 14.

16. All claims, disputes and differences arising under this Act shall be determined by arbitration as hereinafter provided and not by action. 50 V. c. 17, s. 15.

of arbitrators.

17. The person clain ing that another person has not com- Appointment plied with the provisions of this Act, or claiming payment of any charges or expenses under this Act, or claiming a lien upon any logs, or claiming damages under section 13, shall give to such other person notice in writing, stating the substance of the claims made, and appointing an arbitrator, and calling upon such other person to appoint an arbitrator within ten days after the service of the notice; if such other person does not within the ten days appoint an arbitrator the Judge of the County or District Court of the county or district, or the Stipendiary Magistrate of the provisional county or the district, as the case may be, in which the logs in connection with which the claim or part of the claim is made, or the major portion of the logs are situate at the time of the service of the notice, shall, on the application of the person giving the notice, appoint a second arbitrator; the two arbitrators so appointed shall within ten days after the appointment of the second arbitrator appoint a third; if the two arbitrators do not within the ten days appoint a third, the Judge or Stipendiary Magistrate shall, on the application of either party, appoint the third arbitrator. 50 V. c. 17, s. 16.

of new arbi

18. If an arbitrator refuses to act or becomes incapable of Appointment acting, or dies, and the parties do not concur in appointing a trators. new arbitrator, the Judge or Stipendiary Magistrate shall, on the application of either party, appoint a new arbitrator. 50 V. c. 17, s. 17.

agree to have

19. The parties may agree that the arbitration shall be by Parties may one arbitrator instead of by three, and they may either agree only one upon the arbitrator or may apply to the Judge or Stipen- arbitrator. diary Magistrate to appoint one. 50 V. c. 17, s. 18.

20. The person on whom a claim is made and notice of Counterclaim. arbitration served may at any time before the arbitration is entered upon or with leave of the arbitrators during the arbitration, give the claimant notice in writing by way of counterclaim, stating the substance of any claim arising under this Act which such person may have against the claimant, and such counterclaim, unless barred under section 27, shall be determined in the arbitration and an award made with respect thereto. 50 V. c. 17, s. 19.

to be

21. The three arbitrators or the sole arbitrator, as the case Time within may be, shall proceed with the arbitration with due despatch, we made. which award and shall make their or his award in writing, under their or his hand within thirty days from the date of the appointment of such arbitrator, or the last of such three arbitrators, as the case may be. The parties may, by consent in writing, from time to time enlarge the time for making the award, or the Judge or Stipendiary Magistrate may from time to time, either before or after the expiration of the said time, enlarge the time for making the award. 50 V. c. 17, s. 20.

Witnesses and evidence.

Rev. Stat. c.

22. The arbitrators or arbitrator may require the personal attendance and examination upon oath of the parties and their witnesses and the production of all books and documents relating to the matters in question, and may determine by whom the expense of the arbitration, and the costs of the parties shall be paid, and the amount thereof; any costs or expenses payable to a person having a lien upon logs, by virtue of this Act shall be added to the amount of such lien. 50 V. c. 17, s. 21.

23. Sections 19 to 30 inclusive of The Act respecting Arbi53, ss. 19-30 to trations and References applies to arbitrations under this Act.

apply.

Sale by person having lien.

Award and

be final.

50 V. c. 17, s. 22.

24. The person having a lien upon logs by virtue of this Act, may sell the same in order to realize the amount of such lien, and of the costs, charges and expenses connected with the sale. The arbitrators, or arbitrator, shall determine either by their award or by separate document the time, place and manner of such sale, and may from time to time, give directions, in writing, respecting such sale, and the realization of such lien, and of the costs, charges and expenses connected therewith. 50 V. c. 17, s. 23.

25. The award and directions in writing, of any two of the directions to three arbitrators, or of the sole arbitrator, as the case may be, shall be final and binding upon and shall be obeyed by the parties, and shall be valid, notwithstanding any want or defect of form or other technical objection. 50 V. c. 17, s. 24.

Compelling attendance of

documents.

26. The Judge or Stipendiary Magistrate, as the case witnesses and may be, may, on the application of either party, grant an production of order to compel any person to attend and give evidence upon the arbitration and to produce all books and documents relating to the matters in dispute, and obedience to such order may be enforced in the same way as obedience to any order of such Judge or Stipendiary Magistrate made in a cause or matter pending before him in court may be enforced, and the person neglecting or refusing, without lawful excuse, to obey such order, shall be liable to an action by any person aggrieved by such neglect or refusal for the damages sustained by him thereby. 50 V. c. 17, s. 25.

Limitation of claims.

Lieut.-Gov

ernor in

Council may exempt districts from

Act.

27. All claims arising under this Act shall be made by notice in writing under section 17, within one year after the same have arisen, otherwise they shall be barred. 50 V. c. 17, s. 26.

28. The Lieutenant-Governor in Council may from time to time by proclamation published in the Ontario Gazette declare that any portion or portions of this Province or any water therein shall, until further proclamation, be exempt from the operation of this Act, and thereupon the same shall be exempt accordingly. 50 V. c. 17, s. 27.

29. Any portion or portions of the Province, or any water District extherein exempted by proclamation from the operation of this empted may be brought Act may, by proclamation published in the Ontario Gazette, under Act. be again brought within its operation until further proclamation, and so on from time to time. 50 V. c. 17, s. 28.

SCHEDULE.

FORM A.

(Section 12.)

Know all men by these presents that we (here insert names of obligors, being the owner of the logs and at least one sufficient surety; or, if the signature of the owner cannot be obtained without unreasonable delay, then being two sureties) are held and firmly bound unto A. B. (here insert the name of the person claiming the lien) in the penal sum of (double the amount of the claim) $ to be paid to the said A. B., his executors, administrators and assigns, for which payment well and truly to be made, we and each of us, bind ourselves, and each of us our and each of our executors and administrators jointly and severally, firmly by these presents, sealed with our seals, and signed by us this day of A. D., 18 Whereas the said A. B., claiming to act under the authority of The Saw Logs Driving Act, has taken possession of certain (saw logs, timber, etc., as the case may be) owned or controlled by thereon for the sum of $

and claims a lien under the provisions of section (5, 8 or 11, as the case may be) of the said Act.

And whereas this bond is given as security for payment to the said A. B., of such sum as he may be held entitled to by arbitration pursuant to the said Act, and of any costs and expenses of the arbitration which may become payable to him.

Now the condition of the above obligation is such that if the said his executors or administrators do pay to the said A. B., his executors, administrators or assigns, such sum as may be determined by arbitration pursuant to the said Act, to be payable to the said A. B., his executors, administrators or assigns. for charges and expenses under section (5, 8 or 11, as the case may be) of said Act, and also such sum as may become payable to the said A. B., his executors, administrators or assigns, for costs and expenses of such arbitration, then the above obligation to be void, otherwise to remain in full force.

Signed, sealed and delivered

in the presence of

50 V. c. 17, Schedule.

[SEAL.]

[SEAL.]

123-WRITTEN PROMISES, p. 1195.

124-FRAUDULENT PREFERENCE OF CREDITORS, p. 1197.

125-CHATTEL MORTGAGES AND SALES OF PERSONAL PROPERTY, p.

126-MECHANICS' LIENS, p. 1216.

127-WAGES, p. 1227.

128-CONTRACTS IN RELATION TO GOODS ENTRUSTED TO AGENTS,

Short title.

Right of sure

ER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

1. This Act may be cited as "The Mercantile Amendment Act." R. S. O. 1877, c. 116, s. 1.

2. Every person who, being surety for the debt or duty of ties paying the another, or being liable with another for any debt or duty, principal debt, etc., to assign pays the debt or performs the duty, shall be entitled to have assigned to him or a trustee for him, every judgment, specialty,

ment.