Place of trial. 10. Every action for libel contained in a public newspaper or other periodical publication, shall be tried in the county where the chief office of such newspaper or periodical is, or in the county wherein the plaintiff resides at the time the action. is brought; but upon the application of either party the Court or a Judge may direct the issues to be tried or the damages to be assessessed in any other county if it be made to appear to be in the interests of justice, or that it will promote a fair trial, and may impose such terms as to payment of witness fees, and otherwise as may seem proper. 50 V. c. 9, s. 5. Action when maintainable by father or mother. with. HE CHAPTER 58. An Act respecting the Action of Seduction. ER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: 1. The father or, in case of his death, the mother (whether she remains a widow or remarries) of any unmarried female who has been seduced, and for whose seduction the father or mother could maintain an action in case such unmarried female were at the time dwelling under his or her protection, may maintain an action for the seduction, notwithstanding such unmarried female was, at the time of her seduction. serving or residing with another person, upon hire or otherwise. R. S. Ŏ. 1877, c. 57, s. 1. Proof of ser- 2. Upon the trial of an action for seduction brought by the vice dispensed father or mother, it shall not be necessary to give proof of any act of service performed by the person seduced, but the same shall in all cases be presumed, and no proof shall be received to the contrary; but in case the father or mother of the female When action seduced had, before the seduction, abandoned her, and refused by relatives or to provide for and retain her as an inmate, then any other person who might at Common Law have maintained an action for the seduction may maintain such action. R. S. O. 1877, c. 57, maintainable masters, When action maintainable by person other than father or mother. s. 2. 3. Any person, other than the father or mother, who by reason of the relation of master, or otherwise, would have been entitled at Common Law to maintain an action for the seduction of an unmarried female, may still maintain such action, if the father or mother be not resident in Ontario at the time of the birth of the child which may be born in consequence of the seduction, or being resident therein does not bring an action for the seduction within six months from the birth of the child. R. S. O. 1877, c. 57, s. 3. CHAPTER 59. An Act respecting the Administration by the Crown of Estates of Intestates. APPLICATION BY THE ATTORNEY-GEN- TESTATE LEAVES NO KNOWN RELA TIVES IN THE PROVINCE, S. 2. RIGHTS, ETC., OF ATTORNEY-GEN ERAL TO VEST IN HIS SUCCESSORS, SECURITY DISPENSED WITH, s. 4. RIGHTS OF RELATIVES AFTER ISSUE INQUIRIES AS TO THE RIGHTS OF THE DISPOSITION OF MONEYS RECEIVED BY RETAIN DISBURSEMENTS MADE IN RESPECT PROTECTION OF ATTORNEY-GENERAL ACTING AS ADMINISTRATOR, S. 13. ER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: issue to the cases where to administer. 1. So often as the Lieutenant-Governor, by a warrant Adminis under his privy seal, is pleased to direct Her Majesty's tration may Attorney-General for Ontario to apply for and obtain letters Attorneyof administration (whether general or limited) of the estate General in and effects of any person dying intestate, or intestate as to nominee of the some part of his estate, where, in respect of the interest of Her Crownentitled Majesty in the estate and effects, the administration may be rightfully granted to a nominee of Her Majesty, it shall be lawful for any competent Court, upon application, in pursuance of such warrant, to grant administration to the Attorney-General and his successors in the office of Attorney-General for Ontario, for the use and benefit of Her Majesty. R. S. O. 1877, c. 60, s. 1. obtain letters 2. Where any person dies in this Province intestate Attorneyas aforesaid, and without leaving any known relatives General may living within the Province, or any known relatives who can be of administrareadily communicated with, living elsewhere, the Lieutenant- tion of intestates leaving Governor may (if he thinks fit) by warrant under his no known privy seal direct the Attorney-General for Ontario to relatives withapply for and obtain letters of administration, whether general or limited, of the estate and effects of such person; in the Pro Rights and of the Attor and it shall be lawful for any competent Court upon application in pursuance of the warrant, to grant administration to the Attorney-General and his successors in the office of Attorney-General, for the use and benefit of Her Majesty or of such persons as may ultimately appear to be entitled thereto. R. S. O. 1877, c. 60, s. 2. See Cap. 108, ss. 4 (1), 10. 3. The administration so granted, and the office of adliabilities, etc. ministrator under the grant, with all the estates, rights, ney-General as duties and liabilities of such administrator, shall, upon administrator the death, resignation, or removal of the Attorney-General for to vest in his successors. Ontario for the time being, devolve upon and become vested and continue in the succeeding Attorney-General, by virtue of his appointment, and so in perpetual succession, without any further grant of administration or any assignment or transfer of the estates of the administrator; and all actions, and other proceedings whatever by or against the Attorney-General for the time being, as such administrator at the time of his death, resignation, or removal, shall continue, and may be proceeded with, by, in favour of, and against the succeeding Attorney-General, in like manner; saving always, voke adminis- the effect of every limitation in duration or otherwise under the terms of the grant of such administration, and saving to every Court having jurisdiction in this behalf all such right and authority to revoke or repeal such administration as the Court would have had during the continuance of a like administration granted to a nominee of Her Majesty in case this Act had not been passed. R. S. O. 1877, c. 60, s. 3. Power to re tration. Security for due adminis tration dis ing 4. It shall not be necessary for the Attorney-General applyfor or obtaining grants of administration to the use or benepensed with. fit of Her Majesty, to enter into, or cause to be entered into, any bond to the Judge of the Surrogate Court; but the Attorney-General shall, in relation to every such administraGeneral to be tion, be subject to all the liabilities and duties imposed on an as in condition administrator by the condition of the bond prescribed by the rules and orders now in force or hereafter made under The Surrogate Courts Act. R. S. O. 1877, c. 60, s. 4. Liability of of bond. Rev. Stat.c.50. Power to sell the real estate of the intestate. 5. Where administration is granted to the Attorney-General, the Lieutenant-Governor in Council may direct the sale, either by auction or private sale, of any real estate or interest therein in Ontario to which the intestate died entitled; and the Attorney-General shall thereupon be authorized to sell in accordance with the directions of any Order in Council in that behalf, the whole, or any part of the real estate aforesaid, and to convey the same to the purchaser; and every conveyance by the Attorney-General or his successor in office shall be as valid and effectual as if the deceased were alive at the time of the making thereof, and had executed the same. R. S. O. 1877, c. 60, s. 5. issue of ad 6. In case subsequently to the grant of administration it is Rights of relaalleged or ascertained that the deceased has relatives or did tions after the not die intestate, the Attorney-General may, if he thinks fit, ministration. exercise, subject to the discretion of the Lieutenant-Governor in Council, all or any of the powers by this Act conferred until some person is appointed by some Court of competent jurisdiction to deal with the estate of the deceased; and notwithstanding such appointment, any sale made in pursuance of this Act may be completed by the execution by the Attorney-General of a conveyance; and until the revocation of the letters granted, the Attorney-General may exercise fully all the powers vested in him as administrator of the estate of the deceased. R. S. O. 1877, c. 60, s. 6. 7. Where administration is taken out under the provisions of this Act, the Attorney-General may apply to the High Court for an order for the making of such inquiries as may be necessary to determine whether or not Her Majesty is entitled to any portion of the estate of the deceased on account of the deceased dying intestate and without heirs or next of kin, or otherwise. Any judgment made upon such inquiry shall, unless reversed on appeal, be final and conclusive. R. S. O. 1877, c. 60, s. 7. Inquiry as to the rights of Her Majesty. estate of intestate and 8.—(1) Where a person dies in possession of, or entitled Recovery by to real estate in Ontario, intestate as to such real estate, without Crown of real any known heirs, the Attorney-General may apply to the High persons dying Court for an order for the making of such inquiries as may without heirs. be necessary to determine whether or not Her Majesty is entitled to any portion of the real estate of the deceased on account of his dying intestate, and without heirs; and any judgment or order given upon such inquiry shall, unless reversed on appeal, be final and conclusive. (2) Where the Attorney-General is entitled to apply under the preceding sub-section, he may bring an action, either in his own name, on behalf of Her Majesty, or in the name of Her Majesty, to recover possession of the real estate of the deceased and shall be entitled to judgment and to recover possession, unless the person claiming adversely shews that the deceased did not die intestate, as to such real estate, or that he left heirs, or that some other person is entitled to the said real estate. 49 V. c. 16, s. 14. a 9. Moneys realized from estates to which the Attorney- Disposition of General is administrator under this Act, shall be kept in moneys. separate account in such bank or invested in such manner as the Lieutenant-Governor may from time to time appoint, and all moneys which have been unclaimed for ten years shall from time to time be paid into the Consolidated Revenue Fund of Ontario. R. S. O. 1877, c. 60, s. 8. Interest allow entitled to 10. Any person proving title to such moneys shall be able to person entitled to receive the same with interest at such a rate as the Lieutenant-Governor may, having regard to the rate realiz therefrom, from time to time direct. R. S. O. 1877, c. 60, ← moneys. Rights of persons having claims upon the estate. AttorneyGeneral may retain disbursements made in respect of inquiries. Protection of as administrator. or 11. Any one claiming to be entitled to such estate to any interest therein or to any part of the proceeds thereof, may apply to the High Court upon petition for an order or judgment declaring his rights in respect thereto; and the Court may thereupon order such inquiries as may be necessary to determine the same and may finally adjudicate thereupon: but no application under this section shall be entertained unless security for costs is given by the applicant in case the Attorney-General thinks fit to demand the same. R. S. O. 1877, c. 60, s. 10. 12. The Attorney-General may deduct from moneys received on account of any estate all disbursements made by him in respect to inquiries which he may have considered it expedient to make before taking out administration, as well as disbursements otherwise made by him in respect of the estate. O. 1877. c. 60, s. 11. R. S. 13. Where the Attorney-General is appointed or becomes Generalacting administrator or trustee for an estate, and he or any of his predecessors in the trust has given such notice as under The Act respecting Trustees and Executors, and the Administration of Estates would be sufficient for the protection of an administrator, the provisions of the said Act shall apply to the Attorney-General, and to the estate. 47 V. c. 11, s. 1. Rev. Stat. c. 110. Distribution of assets by Attorney notice. 14. After such notice, and notwithstanding the ten years limited by section 9 of this Act have not elapsed, the Attorney General after General my pay any money remaining in his hands unclaimed into the Consolidated Revenue Fund of Ontario; or may pay the same or any part thereof, or assign over personal property remaining in his hands, in accordance with any direction of the Lieutenant-Governor in Council, made under section Rev. Stat. c. 95. Her Majesty and the Province not liable where 6 of personal The Act respecting Escheats and Forfeitures. 47 V. c. 11, s. 2. 15. In such case no claim shall be maintained against Her Majesty, or this Province, in respect of any moneys or property paid property paid over or assigned to any person or persons under said section 6 of the said Act respecting Escheats right to follow and Forfeitures, or under this Act; but this shall not prejudice the right of a creditor or claimant to follow the said money or property or proceeds into the hands of the person who may have received the same under the authority of the Order in Council away, but property not affected. Rev. Stat. c. 95. 47 V. c. 11, s. 3. |