Goods seized not to be replevied by parties. $200 action may be brought in County Court. 3. No party to an action or proceeding, in any Court, shall replevy or take out of the custody of the Sheriff, Bailiff, or other officer, any personal property seized by him under process against such party. R. S. O. 1877, c. 53, s. 3. REPLEVIN IN COUNTY COURTS. In cases under 4. In case the value of the goods or other property or effects distrained, taken or detained, does not exceed the sum of $200, and in case the title to land is not brought in question, the action may be brought in the County Court of any County wherein the goods or other property or effects have been distrained, taken or detained. R. S. O. 1877, c. 53, s. 4. In cases under $60, action may be brought in Division Court. Procedure in Division REPLEVIN IN DIVISION COURTS. 5.-(1) In case the value of the goods or other property or effects distrained, taken or detained, does not exceed the sum of $60, and in case the title to land is not brought in question, the action may be brought in the Division Court for 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. See Cap. 51, s. 72. (2) The matter shall then be disposed of without formal pleadings, and the powers of the Courts and officers, and the proceedings generally shall be, as nearly as may be, the same as in other cases which are within the jurisdiction of Division Courts. R. S. O. 1877, c. 53, s. 5. ER MAJESTY, by and with the advice and consent of the as follows: 1. This Act may be cited as The Dower Procedure Act." Short title. R. S. O. 1877, c. 55, s. 1. maintainable. 2. No action of dower shall be maintained, in case Case where the dowress has joined in a deed to convey the land or to action not release her dower therein to a purchaser for value, though the acknowledgment required by law at the time may not have been made or taken, or though there may have been an informality in the making, taking or certifying such acknowledgment. R. S. O. 1877, c. 55, s. 2. notify dowress thereon. 3. The tenant of the freehold may before action serve Tenant may upon the dowress a notice in writing that he is willing of desire to asto assign dower in the land (describing it) out of which sign herdower; she is entitled to dower, and may thereafter apply to the procedure High Court, or to a Judge thereof, for an order directing that a writ shall issue for the assignment of dower; and a writ therefor may thereupon issue, and the like proceedings may be had thereon as upon such a writ sued out after judgment in an action of dower. R. S. O. 1877, c. 55, s. 3. may agree up etc. 4. The dowress and the tenant of the freehold may, by Dowress any instrument under their hands and seals, executed in and tenant the presence of two witnesses, agree upon the assignment on assignment, of dower, or upon a yearly sum, or a gross sum to be paid in lieu and satisfaction of dower, and a duplicate of the instrument, proved by the oath of one of the subscribing witnesses, shall be registered in the proper registry office, and shall entitle Tenant in possession, not also tenant of free hold to notify landlord. Penalty. Mode of estimating dam etc. the dowress to hold the land so assigned to her, against the assignor and all parties claiming through or under him, as tenant for her life, or to distrain for, or to sue for, and recover in any Court having jurisdiction to the amount, the annual or other sum agreed to be paid to her by the tenant of the freehold; and the instrument so registered shall be a lien upon the land for such yearly or other sum, and shall be a bar to any action or proceeding by the dowress for dower in the lands mentioned therein. R. Š. O. 1877, c. 55, s. 5. other 5. Every tenant in possession, who is not also tenant of the freehold, and who is served with a writ under this Act, shall forthwith give notice thereof to his landlord or person under whom he entered into possession, under the penalty of forfeiting the value of three years' improved rent of the premises in the possession of the tenant, to the person under whom he entered into possession, to be recovered by action in the High Court. R. S. O. 1877, c. 55, s. 13. 6. In estimating damages for the detention of dower or the ages for deten- yearly value of the lands, for the purpose of fixing a yearly tion of dower, sum of money in lieu of an assignment of dower by metes and bounds, the value of permanent improvements made after the alienation of the lands by the husband, or after the death of the husband, shall not be taken into account; but the damages yearly value shall be estimated upon the state of the property at the time of such alienation or death, allowing for the ment for plaintiff. res or general rise, if any, in the price and value of the land in the particular locality. R. S. O. 1877, c. 55, s. 28. ASSIGNMENT OF DOWER AFTER JUDGMENT. Effect of judg- 7. After judgment has been rendered in the plaintiff's favour to recover dower, whether with or without costs or dam ages, she shall be entitled to sue out a writ of assignment of dower, directed to the Sheriff of the County in which the lands lie, and the writ shall set forth the lands out of Sheriff to ap point Commissioners to dower, etc. hich the plaintiff is to recover dower. R. S. O. 1877, c. 55, s. 30. the 8. The Sheriff, on receipt of the writ, shall by writing under his seal of office, appoint two resident freeholders of his admeasure the County who are rated upon the assessment roll for real estate of a value not less than $2,000 each, and a licensed Provincial Land Surveyor, and each of whom would in other respects be eligible to serve as a juror between the parties named in Isaid writ, to be commissioners to admeasure the dower, and the Sheriff shall, in such writing, set out a copy of the writ of assignment, and shall name therein a day on or before which the commissioners shall make and return to him a report of their proceedings and determination in the execution of the duty assigned to them. R. S. O. 1877, c. 55, s. 31. 9. In case of the death of, or refusal by, any or all of the Provision in commissioners so appointed, the Sheriff shall, from time to time, etc., of Com case of death, in like manner, appoint another or others to perform the duty missioners. of any who may die or refuse. R. S. O. 1877, c. 55, s. 32. 10. Every commissioner so appointed shall, before entering Oath of Comupon the execution of his duty, take and subscribe an affidavit missioners. in the form or to the effect following; and the said commissioners shall annex to their report the affidavits sworn by them, and return them to the Sheriff: "I plaintiff (naming her) or to the defendants (naming him or them), or in any way interested in the lands out of which the assignment of dower is to be made by me, and that I will honestly, impartially, and to the best of my skill and ability, execute and perform the duties imposed upon me by the appointment of Esquire, Sheriff of the County of as a Commissioner for the admeasurement of dower between the said plaintiff and the said defendants according to law." do swear that I am not of kin to the Form of oath. R. S. O. 1877, c. 55, s. 33. ers when sworn to be Court. 11. After taking and subscribing such affidavit, the commis- Commissionsioners and each of them shall, for all purposes in the fulfilment of the duties by law required of them, be considered as officers of the officers of the Court, and shall be entitled to the same immunities and protection and be subject to the same liabilities and proceedings as a Sheriff, in the discharge of his duty. R. S. O. 1877, c. 55, s. 34. 12. It shall be the duty of the commissioners: Their duties. dower by 1. To admeasure, designate and lay off without delay, by To admeasure sufficient marks, descriptions, boundaries or monuments, one-bounds, etc.; third of the lands and premises mentioned in the writ of assignment, according to the nature of the land, whether meadow, arable, pasture or woodland, being a part of the lot or parcel of land and premises mentioned in the writ, and having always due regard to the nature and character of the buildings and erections on such lands and premises; etc.; 2. To ascertain and determine what permanent improve- ascertain imments have been made upon the lands and premises since the provements, death of the plaintiff's husband, or since the time her husband alienated the same to a purchaser for value, and if it can be done they shall award the dower out of such part of the lands as do not embrace or contain such permanent improvements; but if that cannot be done, they shall deduct either in quantity or value from the portion to be by them allotted, or assigned to the plaintiff in proportion to the benefit she may or will derive from the assignment to her as part of her dower of any part of such permanent improvements; they cannot 3. If from peculiar circumstances, such as there being a mill and, where or mills or manufactory upon the land, the commissioners assign bounds, cannot make a fair and just assignment of dower by metes etc., to assess a yearly sum. Evidence on oath. Such sum to be a lien on lands, unless otherwise di rected. Report of ers. Sheriff may enlarge time for report. and bounds, they shall assess a yearly sum of money, being as near as may be one-third of the clear yearly rents of the premises, after deducting any rates or assessments payable thereon, and in assessing such yearly sum they shall make allowances and deductions for permanent improvements, as above provided for, and in their report to the Sheriff they shall state the amount of such yearly sum and set forth all the evidence taken by them in relation to the same, such evidence to be reduced to writing and taken upon oath (which any one of the commissioners is hereby authorized to administer and to be subscribed by the witness examined; 4. Such yearly sum shall be a lien upon the lands mentioned in the writ of assignment, unless the commissioners specially direct otherwise, and make the same issuable and payable out of some specific portion of the lands, and the same shall be recoverable by distress as for rent or by action against the tenant of the freehold for the time being; 5. The report of the commissioners shall be in writing, subscribed by them and directed to the Sheriff, and shall contain a full statement of their proceedings, and where the dower is assigned by metes and bounds, shall distinctly point out and describe the same, and the posts, stones or other monuments designating the boundaries, and for the purpose of planting and marking the posts, stones or monuments, the commissioners may, if necessary, employ chain-bearers and labourers. R. S. O. 1877, c. 55, s. 35. 13. The Sheriff may, in his discretion, upon the request of the commissioners, enlarge the time for making their report, for not more than ten days, and he shall, within twenty-four hours after the receipt thereof, endorse thereon the day and hour of the receipt, and he shall then forthwith return the Deputy Clerk Writ of admeasurement of dower, together with the report and all papers annexed thereto, to the office wherein the action was commenced and carried on. R. S. O. 1877, c. 55, s. 36. Report to be returned to of Crown. Either party may appeal from report. 14. Either party may, within a month from the filing of the Sheriff's return to the writ of assignment, or within such further time as a Court or Judge may under special circumstances allow, appeal from the report of the commissioners to a Judge in Court, upon grounds apparent on the report and papers filed therewith, or may apply to set aside the same, upon such other grounds verified by affidavit as the Court may see fit, every Order of Court such ground being set forth in the notice served, and the Judge may vary or amend the report in any way and extent that he may deem proper, or refer the same the commissioners for amendment in whole or in part, with such directions as to law or fact as he may deem proper, or may confirm the same, or may annul and set aside the report and may appoint three new commissioners or direct that the Sheriff shall do so, and the new commissioners shall have the same powers and execute the same duties, and be subject to the thereon. he to any back to |