Preamble.

CHA P. III.

An Act to Establish a COURT for the COGNIZANCE of SMALL CAUSES in each and every DISTRICT of this Province.

[9th July, 1793.]

OR the more convenient administration of Justice in Small Causes, in each District of this Province; Be it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Assembly of the Province of Upper-Canada, constituted and assembled by virtue of and under the authority of an Act passed in the Parliament of Great-Britain, intituled, "An Act to repeal certain parts of an Act passed in the fourteenth year of His Majesty's Reign, intituled 'An Act for making more effectual provision for the Government of the Province of Quebec, in North America, and to make further provision for the Government of the said Province," and by the authority of the same, That there jurisdiction of the Dis- be constituted and established, and there is hereby constituted and established, in each and every District, a Court which shall have cognizance in all actions of contract, for sums above forty shillings, not exceeding the sum (a) See 37 Geo. III. of fifteen (a) pounds, to be known by the name and style of the District Court, of each respective District, and shall be holden by one or more Judge or Judges, to be appointed by commission, under the Great Seal of the Province.

Establishment

trict Courts.

c 6.

and

Terms, or periods of sitting thereof.

II. And for the regular dispatch of business, Be it further enacted, That there be appointed four periods of sitting, or terms for the said Court, in each and every year, which terms shall severally commence on the Monday in the week next but one preceding the week in which the Quarter Sessions are respectively holden, in each District, and shall end on the Saturday in the same week, which Courts shall be severally holden in the respective town, township or place wherein the Court-House for the District is directed to be built, excepting in the Western District, where the said Court shall be (b) See 36th Geo. III. holden in the town of Detroit. (b)

04, 82.

Course of proceeding therein.

Form of Summons. (See 61st Geo. III. c 6.)

Service of such pro

CRSS.

III. [Repealed by 51 Geo. III. c 6.]

IV. And be it further enacted, That the said process shal! be served on the defendant or defendants by a literate person at least eight days before the return thereof, and in case the said defendant or defendants shall not appear in Court either in person, or by attorney, on the return of the process, it shall and may be lawful for the said plaintiff or his attorney, on the day next after such return day, upon affidavit made of the service of such process, to enter an appearance for such defendant or defendants, and on the day next Appearance by plain after the entry of such appearance, in case the defendant shall not have appeared and discharged the costs of such entry either in person or by attor ney, it shall and may be lawful for the plaintiff to sign judgment, and sue out a writ of inquiry of damages, directed to the Sheriff of the District, to be executed on some given day, in the course of the week in which the Quarter Sessions, are holden next ensuing, and returnable the first day of the following

tiff in default of defendant.

Writ of enquiry.

term.

V.

Appearance and plea

of defendant.

V. And be it further enacted by the authority aforesaid, That it shall and may be lawful for the defendant or defendants, his or their attorney, to appear on the return day of the writ, and file his plea, on or before the third day after such appearance, which, in case he means to defend the suit and to plead the general issue, may be in the following form: "The said C. D. appears in person or by G. H. his attorney, and says he made no such promise;" and in default of a plea, upon the third day after such appearance, of a plea. it shall and may be lawful for the plaintiff to sign judgment.

VI. Provided always, That where there are mutual debts between plaintiff and defendant, or if either sue or be sued, as executor or administrator, when there are mutual debts between testator and intestate and the other party, one debt may be set against the other, and such matter may be given in evidence on the general issue, so as at the time of pleading the general issue when any such debt is to be insisted on in evidence, notice be given of the particular sum or debt so intended to be insisted on, and on what account it became due.

VII. And be it further enacted by the authority aforesaid, That in all cases where the defendant or defendants shall enter, or cause his or their appearance to be entered at the return of the writ, it shall and may be lawful for him or them, on motion made in Court, to be supported by affidavit, to apply for further time to put in their plea, which motion the Court shall be at liberty to grant, where sufficient cause shall be shewn, and also to impose such terms on the defendant as Justice may require.

Judgment in default

A set off admissible, on due notice.

On motion, duly sup

ported, the court mag

grant further time to

plead.

Notice of trial and

VIII. And be it further enacted, That four days notice of trial shall be given to the defendant or defendants of every issue to be joined in the said Court, which notice may be lawfully countermanded, provided such countermand countermand thereof be served on the defendant or his attorney two days before the expiration of the notice.

IX. Provided always and be it further enacted, That when the plaintiff having given notice of trial, and not having countermanded the same within the time aforesaid, shall neglect to enter the cause and bring forward the said issue for trial, he shall pay to the defendant or defendants all reasonable costs and charges by him incurred on account of such notice; and in case the said plaintiff shall not give fresh notice of the trial of the said issue, on or before the third day of the term next ensuing, it shall and may be lawful for the defendant to move for, and the Court to give the like judgment as in case of a non-suit.

X. And to the end that the trial of all issues to be joined in the said Court, as well as the execution of all writs of inquiry, to be sued out upon judgments obtained by default as aforesaid, may be had at the most convenient time and place, it shall and may be lawful for the Judge presiding in the said Court, to issue his precept to the Sheriff of the District, at least seven days before the week in which the Sessions are holden, requiring him to summon, and the said Sheriff shall, and is hereby required upon receipt of such precept, to summon not less than thirty-six, nor more than fortyeight Jurors, living within the said District, to be and appear in the town or place where the Quarter Sessions are usually holden, on the same day on

Provisions in case of

not bringing the issue given notice, and no countermand.

to trial, after having

Manner, time and

places of summoning rors to try the issues inquiry,

which the said Sessions do severally commence to be holden, from whom a Jury shall be taken for the trial of each issue, in like manner as directed Fee for each juror in all cases to be tried at Nisi Prius; and each person sworn for the trial of any issue joined, shall be entitled to receive six-pence and no more.

Final judgment and execution.

judgment, or for a new rial.

XI. And be it enacted, That in all cases when the verdict of the Jurors shall be for the plaintiff, it shall and may be lawful for the plaintiff or his attorney to sign judgment on the third day of the term next after the giving of the said verdict, and to proceed to sue out execution immediately.

XII. Provided always, That when the party defendant shall have any Motion in arrest of material or just cause to show why judgment should be arrested, or a new trial had, it shall and may be lawful for him, either in person or by attorney, on the first or second day of the term next ensuing the said verdict, to move the Court, on grounds to be supported by affidavit, for a rule to show cause to the effect above-mentioned; and in case the Court shall see sufficient grounds for the granting of such rule, notice thereof shall be served on the party plaintiff or his attorney, and on hearing the parties, the said rule shall be made absolute or discharged in the course of the said term.

Fées.

Attorney's.

Sheriff's.

Clerk's.

XIII. And be it further enacted by the authority aforesaid, That it shall and may be lawful for the persons hereinafter named, to demand and receive the following fees and no more, for the services hereinafter set forth:

CHA P. IV.

An Act to authorize the Governor or Lieutenant Governor to LICENCE PRACTITIONERS in the LAW.

[9th July, 1794.]

W duly authorized to practise the profession of the Law in this Pro

HEREAS much inconvenience may ensue from the want of persons

vince; Be it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Assembly of the Province of Upper-Canada, constituted and assembled by virtue of and under the authority of an Act passed in the Parliament of Great-Britain, intituled, "An Act to repeal certain parts of an Act passed in the fourteenth year of His Majesty's Reign, intituled, An Act for making more effectual provision for the Government of the Province of Quebec, in North America, and to make further provision for the Government of the said Province,' and by the authority of the same, That the operation and effect of the provisions contained in a certain Act or Ordinance of the late Province of Quebec, passed in the twenty-fifth year of His Majesty's Reign, intituled, "An Act, concerning Advocates, Attornies, Solicitors and Notaries, and for the more easy collection of His Majesty's Revenues," so far forth as the same regards the regulations concerning Advocates, Attornies, Solicitors and Notaries, be suspended, and the same is hereby suspended, for and during the term of two years from the passing of this Act. (a)

Persons duly quali

fied, to be licenced,

to a certain number, as advocates and attori

nies.

II. And be it further enacted by the authority aforesaid, That it shall and may be lawful for the Governor, Lieutenant Governor, or Person administering the Government of this Province, to authorize by Licence, under his hand and seal, such and so many of His Majesty's liege Subjects, not exceeding sixteen in number, as he shall deem, from their probity, education, and condition in life, best qualified to act as Advocates and Attornies, in the conduct of all legal proceedings in this Province; and that upon producing such licence to the proper officer, their names shall be inscribed on a roll for that purpose to be provided, and to be kept among the Records of the Court of King's Bench; and each and every person whose name shall. and authorized to rebe so inscribed, and no other, shall be holden as duly authorized to receive ceive fees accordingly. fees for practising in any of His Majesty's Courts within this Province.

III. Provided always, and be it enacted, That in case any person or persons so licenced and enrolled, shall be guilty of any malversation or corrupt practice, and the same shall be proved, by evidence, to the satisfaction of the Court of King's Bench, it shall and may be lawful for the said Court to order his or their name or names to be struck off the roll.

Enrolled,

But may he struck

of by the court, on satisfactory evidence of

corrupt practices.

Persons admissible not

IV. Provided also, and be it further enacted, That nothing herein contained shall prevent, or be construed to prevent any person duly qualified by the ordinance, mat according to the provisions in the said Act or Ordinance contained, from disqualified by this Act. being admitted to the exercise of the practise of the Law, conformably to the said Act, and that at and after the expiration of the said two years, the said Act or Ordinance shall again be in force, until other or further provision be made for the like purposes.

Revival of the ordi

nance.

and for enrollment.

V. And be it further enacted by the authority aforesaid, That it shall and Fees for each licence may be lawful for the Secretary of the Governor, Lieutenant Governor, or person administering the Government of this Province, to demand and take the sum of forty shillings on the delivery of each and every such licence, and for the Clerk of the Court of King's Bench, to demand and take the sum of thirteen shillings and four pence, for inscribing the name of each and every person so licenced upon the roll.

VI. Provided always, and be it enacted That the Clerk of the Court shall, and is hereby required, to inscribe on the said roll, the name of each and every person duly qualified, according to the provisions in the said Act or Ordinance contained, without any gratuity or fee whatever.

Preamble.

The application of all monies levied for vince; and of fines,

the uses of the Pro

&c. to be accounted for to his Majesty.

CHAP. I.

An Act to provide for the accounting for all FINES, FORFEITURES and PENALTIES hitherto reserved to Ilis Majesty, to and for the Uses of this Province.

[9th July, 1794.]

HEREAS His Majesty, by his Royal Instructions, hath been graciously pleased to direct that all Laws or Ordinances of this Province, for levying of monies, or imposing of Fines, Forfeitures and Penalties should mention and declare the same to be granted or reserved to His Majesty, His Heirs and Successors, for the public uses of the said Province, and for the support of the Government thereof, as by the said Laws or Ordinances may be directed; Be it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Assembly of the Province of Upper Canada, constituted and assembled by virtue of and under the authority of an Act passed in the Parliament of Great-Britain, intituled, "An Act to repeal certain parts of an Act passed in the fourteenth year of His Majesty's Reign, intituled 'An Act for making more effectual provision for the Government of the Province of Quebec, in North America, and to make further provision for the Government of the said Province," and by the authority of the same, That the due application of all monies heretofore granted or reserved, and arising or accruing to His Majesty, for the purposes aforesaid, by any Act or Acts of the Legislature of this Province, heretofore made, shall be accounted for unto His said Majesty, through the Commissioners of His Majesty's Treasury for the time being, in such manner and form as His Majesty shall direct; any thing in any former Act or Ordinance or clause in any Act or Ordinance to the contrary hereof in any wise notwithstanding.

CHAP. VL