DISPOSAL OF MONEYS PAID INTO COURT. notice of pay 294. The Clerk of every Division Court shall, immediately Clerk to mail after the receipt of any sum of money whatever for any party ment of to an action, forward, through the post office, to the party entitled money. to receive the same, a notice, enclosed in an envelope addressed to such party or in the case of a transcript of judgment from another court, then to the clerk who issued the same, at his proper post office address, informing him of the receipt of the money; the notice thus sent shall be prepaid and registered, and the clerk shall obtain, and file among the papers in the action the post office certificate of the registration, and shall deduct the postage and charge for registration from the moneys in his hands, but he shall charge no fee for the notice; the absence from among the papers in the action of the certificate of registration shall be prima facie evidence against the clerk that the notice has not been forwarded. c. 8, s. 56. 43 V. paid over Crown Attorney. 295. All sums of money which have been paid into court Unclaimed to the use of any party, and which have remained unclaim- money's to be ed for the period of six years after the same were paid into court to County or to the officers thereof, and all sums of money when this Act takes effect or afterwards in the hands of the clerk or bailiff, paid into court, or to the officers thereof, to the use of any suitor shall, if unclaimed for the period of six years after the same were so paid, form part of the Consolidated Revenue Fund, and be paid over by the clerk or officer holding the same to the County Crown Attorney of his county, to be by him paid over to the Treasurer of the Province, and no person shall be entitled to claim any sum which has remained unclaimed for six years. R. S. O. 1877, c. 47, s. 235. sons under dis 296. No time during which the person entitled to claim such Claims of persum was an infant or of unsound mind, or out of the Province, ability not to shall be taken into account in estimating the six years. R. S. O. be prejudiced. 1877, c. 47, s. 236. GENERAL RULES AND ORDERS. 297. The existing Board of County Judges with authority Board of Judto make rules relating to Division Courts shall continue until ges and their authority superseded or revoked by the Lieutenant-Governor; and all to frame Rules and Forms heretofore made relating to Division Courts rules conand in force when this Act takes effect shall, so far as applicable, remain in force until otherwise ordered under the provisions of this Act. R. S. O. 1877, c. 47, s. 237. tinued. may appoint 298.—(1) The Lieutenant-Governor may from time to time The Lieutenappoint and authorize five of the County Judges, who shall be ant-Governor styled "The Board of County Judges," to frame General Rules five County Judges to and Forms concerning the practice and proceedings of the frame rules, Division Courts, and the execution of the process of such etc. Retired Judge may be appointed. Rules respect Bailiffs. courts, with power also to frame rules and orders in relation to the provisions of this Act, or of any future Act respecting such courts, as to which doubts have arisen or may arise, or as to which there have been or may be conflicting decisions in any of such courts. (2) The Lieutenant-Governor may appoint any retired County Judge to be one of the members of the Board. (3) The Board may also from time to time make Rules for ing Clerks and the guidance of clerks and bailiffs, and in relation to the duties and services to be performed, and to the fees to be received by them; and may also substitute other fees in lieu of fees payable to clerks and bailiffs under any rule, order or statute. Amendment of rules. Board to certify rules to before the Judges. Such rules to (4) The Board may from time to time alter or amend any rules or orders made for the Division Courts, and may for any Division Court Division, embracing a city or part of a city, establish a lower tariff of fees from that established for County Division Courts. R. S. O. 1877, c. 47, s. 238. 299. The Board of County Judges or any three of them shall, under their hands, certify to the President of the High Court all Rules and Forms made after this Act takes effect, and the said President shall submit the same to the Judges of the High Court, or to any four of them. R. S. O. 1877, c.47, s. 239. 300. The Judges of the High Court (of whom the PresiDe approved of dent of one of the Divisions shall be one) may approve of, by the Judges; disallow, or amend any such Rules or Forms. R. S. O. 1877, And have force of a statute. Judges to transmit copies to the c. 47, s. 240. 301. The Rules and Forms so approved of shall have the same force and effect as if they had been made and included in this Act. R. S. O. 1877, c. 47, s. 241. 302. The Judges who make any Rules and Forms approved of as aforesaid shall forward copies thereof to the LieutenantLt. Governor, Governor, and the Lieutenant-Governor shall lay the same before the Legislative Assembly. R. S. O. 1877, c. 47, s. 242. etc. Expenses 303. The Lieutenant-Governor may, by warrant, direct the provided for. Provincial Treasurer to pay, out of the Consolidated Revenue Fund, the contingent expenses connected with the framing, approval and printing of such Rules. R. S. O. 1877, c. 47, s. 243. Practice of the High 304. In any case not expressly provided for by this Act Court may be or by existing Rules, or by Rules made under this Act, the County Judges may, in their discretion, adopt and apply the general principles of practice in the High Court to followed in unprovided cases actions and proceedings in the Division Courts; provided that nothing herein contained shall be held to authorize the taxation or allowance of costs to any officer of the court, other than those to be found in the tariff of fees as authorized and allowed by the Board of County Judges, under the provisions of this or any other Act. R. S. O. 1877, c. 47, s. 244; 45 V. c. 7, s. 7. SCHEDULE. (Section 35.) COVENANT BY CLERK OR BAILIFF. Know all men by these presents, that we J. B., Clerk (or Bailiff as the case may be) of the (or United Counties) of the said County of in the said County of Division Court, in the County of (Esquire), and P. M., of (Gentleman) in do hereby jointly and severally for ourselves, and for each of our heirs, executors and administrators, covenant and promise that J. B., Clerk (or Bailiff) of the said Division Court shall duly pay over to such person or persons entitled to the same, all such moneys as he shall receive by virtue of the said office of Clerk (or Bailiff) and shall and will well and faithfully do and perform the duties imposed upon him as such Clerk (or Bailiff) by law, and shall not misconduct himself in the said office to the damage of any person being a party in any legal proceeding; nevertheless, it is hereby declared that no greater sum shall be recovered under this covenant against the several parties hereto than as follows, that is to say: Against the said J. B. in the whole, Against the said S. S. Against the said P. M. dollars. dollars. dollars. In witness whereof, we have to these presents set our hands and seals, this day of. 5. JURORS AND JURIES. CHAPTER 52. An Act respecting Jurors and Juries. JURORS, Ss. 66-83. SPECIAL JURIES, ss. 112-119. Costs of Special Juries, ss. 127, 128. DUTIES OF SHERIFFS MAY BE PER- NO PERSON TO BE SUMMONED UNLESS DRAFTING PANELS FROM JURY LISTS, FUND FOR PAYMENT OF JURORS, ss. Short title. "County." "Township." H 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 Jurors' Act." 46 V. c. 7, s. 1. INTERPRETATION. 2. Where the following words occur in this Act or in the schedules thereto, they shall be construed in the manner hereinafter mentioned, unless a contrary intention appears. 1. "County," shall include "Unions of Counties" for judicial purposes, and "Township" shall include "Unions of Townships.' 2. "High Court," or "High Court of Justice," and all words "High Court referring to such court, shall include the High Court of Justice of Justice." for Ontario, and any Court of Assize, Nisi Prius, Oyer and Terminer, or Gaol Delivery. 3. A sitting of the High Court shall mean a sitting of the Sitting of said Court for the trial of civil or criminal cases by a jury, and High Court. shall also include a sitting of a Court of Assize, Nisi Prius, Oyer and Terminer or Gaol Delivery. 46 V. c. 7, s. 2. QUALIFICATIONS, EXEMPTIONS, AND DISQUALIFICATIONS OF JURORS. 3. Unless exempted, every person residing in any county Qualification. or other local judicial division in Ontario, who is over the age of twenty-one years, and in the possession of his natural faculties, and not infirm or decrepid, and who is assessed as owner or tenant for local purposes upon property, real or personal, belonging to him in his own right, or in that of his wife, of the value of not less than $600 in cities, and $400 in towns, incorporated villages, and townships, shall be qualified and liable to serve as a Juror, both on Grand and Petit Juries, in the High Court of Justice for Ontario, and in all Courts of civil or criminal jurisdiction within the county or other local judicial division of the county in which he resides. 7, s. 3. 46 V. c. assessment not 4. No person enrolled as a Juror, in respect of property of Parting with which he was at the time seised or possessed, shall be disquali- property after fied or exempted from serving as a Juror, in consequence of to disqualify. his having ceased to be seised or possessed of the property between the time of enrolment and of his being called upon to serve as a Juror, nor shall the same form any ground of challenge to such Juror. 46 V. c. 7, s. 4. deemed equal 5. Where property is assessed on the assessment roll Joint proprieof a township, village or ward, as the property of two tors to be or more persons jointly, the Selectors of Jurors to whom it ly interested. belongs to extract from the roll the names thereon of those qualified and liable to serve as Jurors, may, and, if they have the requisite information as to the names of the parties to enable them to do so, shall, in making such extract, and for all the purposes of this Act, treat the property as if it belonged to such persons in equal proportions, and the Selectors shall treat each of such persons, as respects his qualification and liability to serve as a Juror, as if he had been severally assessed for an equal proportion of the property. 46 V. c. 7, s. 5. 6. The following persons are hereby absolutely freed and Persons exexempted from being returned and from serving as either empted from Grand or Petit Jurors in any Court, and shall not be inserted Jurors. serving as |