CHAPTER 60.

An Act respecting the Limitation of certain actions.

LIMITATION OF ACTIONS

For rent upon a demise, 8. 1 (a).

On specialties, s. 1 (b).

On recognizances, s. 1 (c).

On awards, s. 1 (d).

For escape, s. 1 (e).

For money levied under execution, s. 1 (f).

For penalties, etc., s. 1 (g).

Of account or between merchants,
s. 2.

DISABILITIES, s. 3.

DISTINCTION BETWEEN RESIDENTS
AND NON-RESIDENTS ABOLISHED,
ss. 4, 5.

CASES OF ACTIONS AGAINST JOINT
DEBTORS, SS. 6, 7.

EFFECT OF ACKNOWLEDGMENTS, s. 8.
LIMITATION IN INTESTACY, 8. 9.

HER

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

1.-(1) The actions hereinafter mentioned shall be com- Limitation of menced within and not after the times respectively herein- time for comafter mentioned, that is to say:

(a) Actions for rent, upon an indenture of demise,
(b) Actions upon a bond, or other specialty,

(c) Actions upon a recognizance,

within twenty years after the cause of such actions arose ;

(d) Actions upon an award where the submission is not

by specialty,

(e) Actions for an escape,

(f) Actions for money levied on execution,

within six years after the cause of such actions arose ;

(g) Actions for penalties, damages, or sums of money
given to the party aggrieved, by any statute,

within two years after the cause of such actions arose ;

mencing particular actions.

(2) But nothing herein contained shall extend to any action Where time given by any statute, when the time for bringing the action specially. is by the statute specially limited. R. S. O. 1877, c. 61, s. 1.

limited.

Actions of

to be com

2. All actions of account or for not accounting, or for account, etc., such accounts as concern the trade of merchandise between menced within merchant and merchant, their factors and servants, shall six years. be commenced within six years after the cause of such actions arose; and no claim in respect of a matter which arose more than six years before the commencement of the action, shall be enforceable by action by reason only of some other matter of claim comprised in the same account, having arisen within six years next before the commencement of the action. R. S. O. 1877, c. 61, s. 2.

In case of disabilities of Plaintiff.

Non-resident
Plaintiffs.

Non-resident
Defendants.

As to cases

where some

joint debtors

have been

within and

Ontario.

3. In case a person entitled to such action, as aforesaid, is at the time of the cause of action accruing within the age of twenty-one years, or non compos mentis, then such person may bring the action, within such time after coming to or being of full age, or of sound memory, as other persons having no such impediment should, according to the provisions of this Act, have done. R. S. O. 1877, c. 61, s. 3.

4. A plaintiff who is resident without the limits of Ontario shall have no longer period of time to commence an action than if he were resident in Ontario when the cause of action or proceeding first accrued. 42 V. c. 16, s. 1.

5. If a person against whom any such cause of action accrues, is at such time without the limits of Ontario, the person entitled to the cause of action may bring the action within such times as are before limited after the return of the absent person to Ontario. R. S. O. 1877, c. 61, s. 3.

6. Where a cause of action, with respect to which the period of limitation is fixed by the Imperial Act of the 21st year of the Reign of King James the First, chapter 16, section some without 3, or by any Act now in force in Ontario, lies against joint debtors, the person entitled to the same shall not be entitled to any time within which to commence such action against any one of the joint debtors who was within Ontario at the 21.Jac. I, c. 16, time the cause of action accrued, by reason only that some other of the joint debtors was, at the time the cause of action accrued, without Ontario. R. S. O. 1877, c. 61, s. 4.

8. 3.

Recovery

against one

bar to action

7. The person so entitled shall not be barred from comjoint debtorno mencing an action against the joint debtor who was without Ontario at the time the cause of action accrued, after his return to Ontario, by reason only that judgment has been already recovered against the joint debtor who was within Ontario at the time aforesaid. R. S. O. 1877, c. 61, s. 5.

against

another who is absent.

Effect of writ

8. In case an acknowledgment in writing, signed by the ten acknow- principal party or his agent, is made by a person liable part payment. upon an indenture, specialty or recognizance, or in case

ledgment or

an acknowledgment is made by such person by part payment, or part satisfaction, on account of any principal or interest due on such indenture, specialty or recognizance, the person entitled may bring an action for the money remaining unpaid and so acknowledged to be due, within twenty years after such acknowledgment by writing, or part payment, or part satisfaction, as aforesaid; or in case the person entitled is at the time of the acknowledgment under disability, as aforesaid, or the party making the acknowledgment is, at the time of making the same without Ontario, then within twenty years after the disability has ceased, as aforesaid, or the party has returned, as the case may be. R. S. O. 1877, c. 61, s. 6.

thereof, must

years.

and 24 V. C.

9. No action or other proceeding shall be brought to recover An action to the personal estate, or any share of the personal estate of a recover perperson dying intestate, possessed by the legal personal repre- of an intestate sentative of such intestate, but within twenty years next after or any part a present right to receive the same accrued to some person be brought capable of giving a discharge for or release of the same, unless within twenty in the meantime some part of the estate or share, or some Imp. Act, 23 interest in respect thereof has been accounted for or paid, or some acknowledgment of the right thereto has been given in writing, signed by the person accountable for the same, or his agent, to the person entitled thereto, or his agent; and in such case, no action shall be brought but within twenty years after such accounting, payment or acknowledgment, or the last of such accountings, payments or acknowledgments, if more than one, was made or given. R. S. O. 1877, c. 61, s. 8.

38, s. 13.

Short title.

CHAPTER 61.

An Act respecting Witnesses and Evidence.

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 Evidence Act." R. S. O., 1877, c. 62, s. 1.

Witnesses not

citated by erime or interest.

COMPETENCY OF WITNESSES.

2. No person offered as a witness shall hereafter be excluded to be incapa- by reason of any alleged incapacity from crime or interest from giving evidence, according to the practice of the Court, on the trial of any action, issue, matter or proceeding, in any Court of Ontario, or before any person having, by law or by consent of parties, authority to hear, receive and examine evidence. R. S. O. 1877, c. 62, s. 2.

3. Every person so offered shall be admitted to give evidence Such persons notwithstanding that such person has an interest in the matter admitted to give evidence. in question, or in the event of the trial of any issue, matter, question or inquiry, or of the action or proceeding in which he is offered as a witness, and notwithstanding that such person has been previously convicted of any crime or offence. R. S. O. 1877, c. 62, s. 3.

4. On the trial of any action, issue, matter or pro- Evidence of eeeding in any Court in this Province, or before any person parties. having, by law or by consent of parties, authority to hear, receive and examine evidence, the parties to the proceedings, and the persons in whose behalf the action or other proceeding, is brought or instituted, or opposed, or defended, shall, except as hereinafter excepted, be competent and compellable to give evidence, according to the practice of the Court, on behalf of themselves or of either or any of the parties to the action or proceeding; and the husbands and wives of such parties and persons shall, except as hereinafter excepted, be husband and competent and compellable to give evidence, according to the wife. practice of the Court, on behalf of either or any of the parties to the action or proceeding. R. S. O. 1877, c. 62, s. 4.

Evidence of

criminate need

5. Nothing herein contained shall render any person com- Questions pellable to answer any question tending to criminate himself tending to or to subject him to prosecution for any penalty. R. S. O. not be an1877, c. 62, s. 5.

swered.

breach of pro

6. The parties to an action for breach of promise of mar- Evidence in riage shall be competent to give evidence in the action: Pro- actions for vided always that no plaintiff in an action for breach of mise. promise of marriage shall recover a verdict unless his or her testimony is corroborated by some other material evidence in support of the promise. 45 V. c. 10, s. 3.

consequence of

7. The parties to a proceeding instituted in consequence Evidence in of adultery, and the husbands and wives of such parties, shall proceedings in be competent to give evidence in the proceeding: Provided adultery, that in such case the husband or wife, if competent only under and by virtue of this Act, shall not be liable to be asked or bound to answer any question tending to shew that he or she has been guilty of adultery, unless he or she shall have already given evidence in the same proceeding in disproof of his or her alleged adultery. 45 V. c. 10, s. 4.

8. No husband shall be compellable to disclose any commu- Communicanication made by his wife during the marriage, and no wife tions made during marshall be compellable to disclose any communication made to riage. her by her husband during the marriage. R. S. O. 1877, c. 62,