to be had in the High Court or any other Court in this Province, and every oath, affidavit, declaration, or affirmation Effect of such taken or made as aforesaid shall be as valid and effectual, affidavits, etc. and shall be of the like force and effect to all intents and purposes as if such oath, affidavit, declaration or affirmation had been administered, taken, sworn, made or affirmed before a commissioner for taking affidavits within the Province, or other competent authority.

(2) The commissioners so appointed shall be styled "Com- Style of commissioners for taking affidavits in and for the courts in Ontario." missioners. R. S. O. 1877, c. 63, s. 7.

Province.

11. The Justices of the High Court or any two of them, Judges of the of whom the President of any Division of the said Court High Court may appoint shall be one, are hereby authorized to issue under the commissionseal of the Supreme Court commissions from time to ers in any time empowering such and SO many persons as they think fit and necessary to take and receive affidavits in any Province in the Dominion, in or concerning any cause, matter or thing depending, or in anywise concerning any of the proceedings to be had in the said Court, or in any other Court of Record in Ontario; and every affidavit taken as aforesaid shall be of the same force as if taken in the particular Court in which the same is entitled or intended to be used. R. S. O. 1877, c. 63, s. 8.

AUTHORITY OF COMMISSIONERS, ETC.

may take affi

affidavits

12. Every commissioner heretofore or hereafter appointed The commisfor taking affidavits and affirmations within this Province, and sioners, etc., every person heretofore or hereafter authorized to take affidavits davits in all to be used in any Court of this Province, may take affidavits courts or in matters pendand affirmations which any person desires to make in or con- ing before a cerning any action or proceeding pending in the High Court, Judge and and in the Court of Appeal, and in any County or Divi- authorized to sion Court, or before a Judge or Judges of any of said be made by Courts, and in or concerning any application or måtter made or any statute. pending before any Judge of any Court in the Province which, by any statute now or hereafter in force in Ontario, and within the legislative authority of the Province, such Judge is authorized to hear and determine, or in which he is authorized to make any order, although the application or matter be not made or pending in any Court and may also take any affidavit or affirmation authorized to be made by any statute. R. S. O. 1877, c. 63, s. 9; 44 V. c. 5, s. 73.

[See also The Registry Act, c. 114, for powers under that Act.]

[As to powers of Notaries Public to act as Commissioners see Cap. 153.]

CHAPTER 63.

An Act respecting the Costs of Distress.

FEES WHICH MAY BE CHARGED, s. 1.
PENALTY FOR EXACTING UNAUTHOR-
IZED FEES, ss. 2-6.

Costs where complaint un-
founded, s. 7.

Landlord not liable unless he

personally made levy, s. 8. Right of action unaffected, s. 9. Forms of orders, etc., s. 10. COPY OF CHARGES TO BE GIVEN WITH DISTRESS, S. 11.

Fees to be charged, and services for which the same may be charged.

Penalty for extortion.

How penalty to be levied.

Commitment.

H'

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

1. No person making distress for rent or for a penalty where the sum demanded and due does not exceed $80, in respect of the rent or penalty, and no person employed in making the distress, or doing any act in the course of the distress, or for carrying the same into effect, shall take or receive, from any person or out of the produce of the chattels distrained and sold, any other costs in respect of the distress, than such as are set forth in Schedule A hereunto annexed, and no person shall make a charge for anything mentioned in the said Schedule, unless such thing has been really done. R. S. O. 1877, c. 65, s. 1.

2. If a person offends against any of the provisions in the preceding section the party aggrieved may apply to a Justice of the Peace for the county, city or town where the offence was committed, for the redress of the grievance, whereupon the Justice shall summon the person complained of to appear before him, at a reasonable time to be fixed in the summons, and the Justice shall examine into and hear the complaint and defence; and if it appears that the person complained of has so offended, the Justice shall order and adjudge treble the amount of the money unlawfully taken and full costs to be paid by the offender to the party aggrieved. R. S. O. 1877, c. 65, s. 2.

3. In case of non-payment of money or costs so adjudged the Justice shall forthwith issue his warrant to levy the same by distress and sale of the goods and chattels of the party convicted, rendering to him the overplus, if any. R. S. Ô. 1877, c. 65, s. 3.

4. In case no sufficient distress can be had, the Justice shall by warrant under his hand and seal, commit the party to the Common Gaol within the limits of his jurisdiction, there to

remain until the order or judgment is satisfied. R. S. O. 1877, c. 65, s. 4.

summon witnesses.

5. The Justice, at the request of either party, may summon Justice may and examine witnesses, and may administer an oath to them touching the complaint, or defence. R. S. O. 1877, c. 65, s. 5.

6. If a person so summoned neglects to obey the summons Penalty for without reasonable or lawful excuse, or refuses to be ex- disobeying, amined upon oath (or affirmation, as the case may be), he shall forfeit a sum not exceeding $8, to be adjudged, levied and paid in such manner, and by such means, and with such power of commitment, as hereinbefore directed with respect to orders and judgments made or given at the instance of original complainants, excepting as regards the form thereof, which may be as the Justice thinks fit. R. S. O. 1877, c. 65, s. 6.

complaint

7. If the Justice finds that the complaint of the party Costs where aggrieved is not well founded, he may order and adjudge costs, unfounded. not exceeding $4, to be paid by the complainant to the party complained against, which order shall be carried into effect and levied and paid in the manner hereinbefore directed with respect to orders and judgments made or given at the instance of original complainants. R. S. O. 1877, c. 65, s. 7.

8. Nothing hereinbefore contained shall empower the Justice Justices not to to make any order or judgment against the landlord for whose make orders against landbenefit the distress has been made, unless the landlord person- lord, etc, ally levied the distress. R. S. O. 1877, c. 65, s. 8.

9. No person aggrieved by a distress for rent or a Party aggriev ed by distress penalty, or by any proceeding had in the course thereof, or by for rent not any costs or charges levied upon him in respect of the same, barred of his shall be barred from any action or remedy which he might have action, etc. had before the passing of this Act, except so far as any complaint preferred under this Act has been determined by the order and judgment of the Justice before whom it has been heard and determined; and in case the matter of the complaint is made the subject of an action, the order and judgment may be given in evidence, under the defence of not guilty. R. S. O. 1877, c. 65, s. 10.

10. Orders and judgments on such complaints shall be made Form of order in the words or to the effect of the forms given in Schedule B and judgment. hereunto annexed; and may be proved before any Court, by

proof of the signature of the Justice to such orders and judg

11. Every person who makes and levies a distress shall persons levygive a copy of demand, and of all the costs and charges of the ing distress to give copy of distress, signed by him, to the person on whose goods and charges to chattels the distress is levied, although the amount of the rent party distrainor penalty demanded exceeds the sum of $80. R. S. O. 1877, c. 65, s. 9. See also Cap. 143, s. 27.

ed.

SCHEDULE A.

(Section 1.)

COSTS AND CHARGES ON DISTRESS FOR SMALL RENTS AND PENALTIES.

Levying distresses under $80.

Man keeping possession, per diem..

Appraisement, whether by one appraiser or more-two cents in the

dollar on the value of the goods;

If any printed advertisement, not to exceed in all...

Catalogues, sale and commission, and delivery of goods-five cents in the dollar on the net produce of the sale.

$1.00 0 75

1.00

R. S. O. 1877, c. 65, Sched. A.

FORM OF THE ORDER

AND

SCHEDULE B.

(Section 10.)

FORM 1.

JUDGMENT OF THE JUSTICE BEFORE WHOM COMPLAINT IS PREFERRED WHEN THE ORDER AND JUDGMENT IS FOR THE COMPLAINANT.

In the matter of complaint of A. B. against C. D., for the breach of the provisions of the Act Chapter 63 of The Revised Statutes of Ontario, 1887, entitled An Act respecting the Costs of Distress,' Peace for the

I, E. F., a Justice of the

do order and adjudge that

as

the said C. D. shall pay to A. B. the sum of a compensation and satisfaction for unlawful charges and costs levied and taken from the said A. B., under a distress for (as the case may be), and the further sum of for costs in this complaint.

FORM OF THE ORDER AND JUDGMENT OF THE JUSTICE WHEN HE DISMISSES THE COMPLAINT AS UNFOUNDED, WITH OR WITHOUT COSTS, AS THE CASE MAY BE.

In the matter of complaint of A. B. against C. D., for the breach of the provisions of the Act Chapter 63 of The Revised Statutes of Ontario, 1887, entitled "An Act respecting the Costs of Distress," I, E. F., a Justice of the Peace in and for the do order and adjudge that the complaint of the said A. B. is unfounded; (if costs are given add, and I do further order and adjudge that the said A. B. shall pay unto the said C. D. the sum of

(Signed)

.)

E. F.

R. S. O. 1877, c. 65, Sched. B, Form 2.

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

seizure.

2. The following chattels are hereby declared exempt from Chattels exseizure under any writ, in respect of which this Province has empt from legislative authority, issued out of any Court whatever in this Province, namely:

1. The bed, bedding and bedsteads (including a cradle), in Bedding. ordinary use by the debtor and his family;

2. The necessary and ordinary wearing apparel of the debtor Apparel. and his family;

3. One cooking stove with pipes and furnishings, one other Furniture. heating stove with pipes, one crane and its appendages, one pair of andirons, one set of cooking utensils, one pair of tongs and shovel, one coal scuttle, one lamp, one table, six chairs, one washstand with furnishings, six towels, one looking glass, one hair brush, one comb, one bureau, one clothes press, one clock, one carpet, one cupboard, one broom, twelve knives, twelve forks, twelve plates, twelve tea cups, twelve saucers, one sugar basin, one milk jug, one tea pot, twelve spoons, two pails, one wash tub, one scrubbing brush, one blacking brush, one wash board, three smoothing irons, all spinning wheels and weaving looms in domestic use, one sewing machine and attachments in domestic use, thirty volumes of books, one axe, one saw, one gun, six traps, and such fishing nets and seines as are in common use, the articles in this subdivision enumerated, not exceeding in value the sum of $150;