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Lorsque le document est trop grand pour dtre reproduit en un seul cliche, il est fiimd d partir de I'angle supirieur gauche, de gauche d droite, et de haut en bas, en prenant le nombre d'images nicessaire. Les diagrammes suivants illustrent la mithode. 1 2 3 1 2 3 4 5 6 MICROCOPY RESOLUTION TEST CHART (ANSI ond ISO TEST CHART No. 2) 1.0 I.I 1.25 Hi 2.8 m I 4,0 Z5 2.2 2.0 1.8 1.6 ^ APPLIED IM^GE I ~^ 1653 East Main Street ~^ Ro.hester. Ne» fork H609 USA ~ (716) 482-0300- Phone S (716) 288-5989 -Fax POPULAR INFORMATION AS TO Division Courts Duties of Clerks and Bailiffs. A Guide for Suitors and Solicitors, ETC., ETC. BY W. H. HIGGINS Of the Department of Innpector of Division Courts. ' TORONTO : Hart & Riddell, 1894. ■•H\n i|ilii||p|iiiiii II nujimr ' f m IT or jj^ } INSCRIBED TO JOSEPH DICKEY. Esquire, INSPECTOH or Division Courts, TO WHOHE KINDNEH8 AND TCTKLAOK. l^ THE DEPAKTMEXT, THE AUTHOR IS CHIEFLY INDEBTED FOB WHATEVER THERE MAY BE OP MERIT IN THE INFORMATION COMMUNICATED IN THE FOLLOWING PAOEH. Toronto, Novanber, lii!>4. W. H. HIGGINS. Entered according to Act of the Parliament of Canada In the thounand eight hundred and nlncty-four. by Haht & Uii,dk?l „ thr theMinisturof Auriculture. ^ "aki &, kiddkll. m the year one office of 7 i 3 TO THE READER. A few pages of useful hints to the clerks and bailiffs of Division courts, which might help them in the performance of their duties, was the first inten- tion of the writer. The constant correspondence with those officers ; answering the daily applications received at the Department, lor advice and instructions, suggested the necessity for something of this kind. As the work progressed, however, the importance of extending its scope came to be realized. A large and ever-increasing correspondence with suitors and solicitors sh wed that there was a further want to be supplied. And when the several amending acts to the Division Courts Act (passed since the consolida- tion of 1887), the increased jurisdiction and the changes made by the new Rules came under review, the plan of the work was accordingly enlarged, in such a way as to widen the extent of the information given, and make it more thorough and general. an'" S.'alH- Ne,,a,a.i..„ ..f nZf r ■•* l'*^ ''•" P''«««-<>fflr,.rH „f CouHs Appnint- vZlTo r '" ^''"""" ^^'^"^'"^ T. of ('mci; . neni ngto Wrth.lraw Liability ..f Huf,.ti,.H Tlu' [„s,H.,to,. - ''■mld.:'rli> |*AKnrr..AKH. What Tl.ey Shall ('ontau. H.uts S n ', """^ ^ ""'*'''' <>"•">'"•>' Su.n.n.,n8-Hp,.,.ial IJivision - H,„„i,ng r,,i,„,„ (-hanKiiiK Veniu' S,„„rm,.,^ Aga.nstNo„-.e.i.|euts--(.u.nisheeS„^nnf„„s-':v:^ mons r„t.Mpl..ad.M. Su.nnu.n^-S.nnMM.ns i„ ll,.ple, ^-H^v -Returns Pan, u.rs--Addi,.g Parties JudKnuM^ bv I ..fa.d Hit? TrL N'""""rT'''"""'^' "^" '^^^^'"" -^"^''- '^-.> ■ T«nd« f n '"'^ "''^''»"'''' ^^^'"' '"'^y ^^PP«'" 'It Trial- Tender of Payment- Het-oif ''''™ A^inUTS:;" ■7''T""'^^'"" ^^' '^'^'^•' Kvid..ne.--Books New TH .^'^^""'Z'^' ^t'^- '^-^ Kvidonc-e Judge's Decision- Ncw In 1 -J,.nes-Jur<,rs_service of Sum.nons - The Jury alish^'^t"^^^^ '"■ '""^ ^^"-•-^^ayn.ent of Jurors^ COHTH OK Pkimahv CRKD.TOH.-t^onditions before Judg.nent- S s ^.'"••''^••^f <^"'"'" -J^^'ties Ren>itted t., their Original tdTtot"?"^ Take„-(Uaiu, nt other than Priu.arv VrM ration R f""""^ Postpone-Debt Attac-hn.ent Bookl Arhitration- Reference not Kevoeable - Entering Award Award u>ay be Set Aside-Aftldavit- Adnnniste fng ol t Confession of Debt-Costs-Counsel Fee-Proceedini cannot 1 e Fxlcn ed P n '•'* Act-Cross-j.dgn,ent-Writ not to Tran S " P ^°"»^y~*^^-Ption-rayment before Sale lianscript-Proceednigs thereunder-Notice to Plaintiff - r>e " ml:' ifj-"V"'''""^^^ °' Execution-CouzTtyX.. "ej may Renew when acting Clerk-Execution nmy be Hi rONTKNTS. n AffldavMt -Kxocuti..n tc Sheriff -Aguinst Laruls-Equ y ?..o ?3'n '/'"^. " ''""^' ""^ ""■'' ■*^""«>'- «-k Note' J o ussory Notes (."hequos. etc-., may he Seized-To ho hehl ..-the Benefit of Credito.H-How Suit may be Brought Ust of SocmUies to be l>repa,.ed-( Consent to I^isc Ze of Se./ure to be K.ulo.vse.l- Tin.e of Sale of Goods-Offleers no •d.igs-^-Examu.at.on -If DischarKed -Not to be again Kxannned w.thout Notice-Faihn-e to Attend - Pay nte.tT Attendance- Order of Co„nnittal-Who c-an Execute Wa - .^t-Ivssentmls-Renewal-Order may he Rescinded or ■..,* P u'^"""?!'""'"^ ''"''^ ""^ Extinguish Debt-Offences ; d ^t"of "cm r'""';' «' court-Resisting Offioers-M^ ond ut of (,lerks and Baihffs-Extortion-Negligence of War ,t ^^-"v.ct.on ^-Protection to I'ersons acting under (V. h r. '? ";; Im.gularity-Linutation of Actions^- Monev s f •'';": \f";r'""''S*^'^-^''^P"-^' "^ Fines-Disposal of il! n h:4'"« ^""'■^-^^"^•'-■'"-1 Moneys-Forfeiture of ,3 o "f"'*^ -«"':«' "^ ''°""*''^' -^'xl!?— f'ostage and Regis- P '"" ^^«''''r'^P""<'<'"<«' -Cc.n.piaints against Officers- Tariff of Fees-Rev,ew of Tariffv Clerks' and Bailiffs' Fees- Fees to Witnesses- Fees to Appraisers -Fees in Suits wln-e clain •^• AnsroNDiNc} Dkbtoks. ' ' " ~* ' MiSCICM.ANEOUH NoTEK. DiviHioN Courts Depahtmknt. Index to Rules. Index to Forms. GENERAL INDEX. Abandoned— Where excess is P*""- 19 34 Abandonment— Judge may permit of ABAXE-Cav^^hall^ot for want of juHsdietio„: if Vnt.;ed i„ ;;o„g ABSCONDINO-Procedure against absconding ilebtors.' sec.' 249^ ." ." .' .' .' .' i m 285 Who are absconding debtors, sec 24<) t:t^i:r:'::t7i^'''':^^y *« ^^^-^ ^«--t ^^-ondi AflBdavit for attachment, sec. 250 (c) 284 Duty of clerk ^f>o Who may issue writ [ '^^ Affidavit to be filed with clerk! . .' .^^? ii.xecutiou of warrant, sec. 231 "^^ Z-^: of^'''' °"* "' "'"'*« «^'c-»t^.-c.-2,4; ::;:::: iS ^'^'S' .". :''''"^ ^^^^"'•^ attachment; niay conMnuc; ^^^ Where severaiattaclimen"tV issue, 'sec'. '256 Tof Distribution of proceeds •''' Where goods seized an.l sold' insufficient,' sec. '257 Ill Duty of clerk in preparing list. . \^l Party dissatisfied may appeal to judge'. '.'.]'. \lt Notice of list to be given ^''^ Beyond jurisdiction .' ." ■.".■:.■ Balance of Act (The)— Interpretation of the word Actions- Where courts have jurisdiction.".'. Where they have not Personal ... Claims where amount as'oertain'ed up' to '«2()() Vt replevin Against sureties of clerk oV bailiff,' sec.' 'sb - Court where action tried to have full power ' seJ 'sO l^ Commencement of ^ ' ^**'- *" 33 i ex- 16 33 33 189 2 2-3 2 2 2 2 •■> Division in which actions ''^J:^:^!^ 7" ''''^'^ -i^ -r^trdefendant a When may be brought in other 'tha'a Vegular di'visions', sec. Of replevin, sec. 72! ' '('See replevin)'.','.'. ,'.■■.■.■.■,'. [ixj 20 may he entered, sec. 81 ..,..'!. " qV 19 20-1 2a I j I J 11!^ piipiiil Jiiiwi^ •*• GENERAL INDKX. Actions— (Continued). — Causes of not to be divided for jurisdiction. sued s^e" lei". '^'°^ proceeding under the" act may b; Judgment in to be a Vuli discharge,' sec.' 78 ^oo Causes of may be removed by certiorari, sec. '79 qq r or balance of account ^"' Where defendant is a corporation," sec". '84 oa VV here actions may be brought . ot Where money payable out of province.' 'sec." 's's' 34 Paob. 32 34 34 ! t! Place of trial, sec. 86 When entered in wrong "division, sec. '87 By and agamst clerks and bailiffs, sees. 88, "sq" q. Byoragamstjudge, sec. 90, .. ?* SS p.^niS^''"' '''^'':'^ bVi^anydivision," sec." 91 35 On promissory note, sub. -sec. 2, sec." 94.". ofu Hearing of may be adjourned, sees. 1 18-ll'9 io Agamst non-resident . . *r ^'^c!l90 . .°^'. ^°'. ;*"^*'""^" '^°"'" i"^ 'p^"-«"an;; 'of' 'the Xc't, ^"^ Shall be commenced with'i'n si'x" months ' ." or Shall be tried in county where fact was co'mmitted Notice m writing of, must be given one month before If tender of sufficient amends before action brought t 97 97 123 3(5 42 216 42 42 ?! I 96 97 Or payment into court'.T.T.T. ".T"''' """" "''""^"' ^^ Defendant may plead noi guilty „! ii?^.*\!" ^°*i»ns against clerks and "bail'i'ffs". ". q, "^ ™it "han* SIO*^*^^.' ': :'T:_ '' -'••^'°* 'f-- n'o gre"ater Discontinuance of Adding PARTiES-Provisions applicable,' sec! "lOS Ind sub-sections' ' ADJOUKNMENT-If judge does not arrive in time, sec. 25 ' a Judge may adjourn hearing. Sec. 118 40 When tried by a jury, sec. 119 [['/_ ^■^ Administrator— Proceedings against [[[[[ Advocate— Who may appear as, sec. 120 . . .'. Judge may prevent from scting, sec. 121 AFKIDAVIT-Of a clerk, verifying account of fines', 'sec'. 47 qi Verifying nioneys paid in and out of court, sec. 48 ." 31 2 Made out of the Province '^ With annual return to inspector, 'sec' 68 0,^0 For order changing j.lace of trial, sec. 86, su'b-secs " '4 an"d 5 -if Alleging want of jurisdiction, sec. 87 ^'^ ^^'^s- * ^^^ 5 34 tor substitutional service, sec. 100 o* Clerk to prepare affidavits of service," etcVsec "ioS Of service upon a partner, sec. 108, sub-sec. 4 Before ^entering final judgment by default, sec' 109', " sub"- Of proof, sec. i 10 ■ ..l.... ...... On motion for speedy judgment, sec. lii . ..'. Of deft, to show cause against, sub-sec. 3 . As evidence in action, sec, 142 Before whom may be sworn, sec. 143 tZ For stay of execution, sec. 147 ." t^ Clerk must prepare, to entitle him to 'fee*. '. '. 12 1 24 36 36-7 38 38 39 39 !H Paob. 32 )e 204 33 33 33 34 34 34 34 34 34 35 I 35 35 2-19 42 36 96 96 96 97 97 97 97 97 97 123 36 6 42 42 216 42 42 31 31-2 25 31-2 34 34 24 36 36-7 38 38 39 39 47 47 48 121 GENERAL INDEX. XI Paoe. "^''* ' Pn7!T/*V'*'*"™^"^ J'^'y ^^^' *° °°""*y treasurer, sec. 170. 58-9 i' or attaching order, sec. 178... •»'".. oo» Of^service of memorandum and garuishee summons.' 'sec. ^"s'^c**?''^™^''* against 'absconding 'debtor, ■sec. ' 249* ' sub- Affirmation Agent 63 69 285 (See Affidavit) •Meaning of * Any person may appear at 'hearing'as,' sec." 120 ^49 May be excluded from hearing, sec. 121 I9 tor service upon application for new triaCsec." 150 l^ailure tc appoint, sec. 150 " ' Agreement— x\ot to appeal, sec. 116............*." Alooma— Clerks of courts in " . | BaliiFs of courts in l?? Limits of divisions ' ' ' ' Alias or Pluries— Process when issued . . Alteration of pi^isios.s-Altering number and "limits of ±low and by whom made, sec. 13 Clerks of the Pease to record, sec '26 Alteration of times and places for holding court,' sec.' 8 4.5 Alterations of amendments of Revised Rules, etc 2S1 4 Amendment.^— To the Act May be made by judge ingar'nlshee' proceedings,' see.'! 98" Of order on judgment summons, see. 245 .... Appeal— If— proceedings at trial Parties may agree not to appeal.' ..." Clauses and rules regulating ...!!.' May be made by any party to 'a' cause, sec." "l48 " '' 40 By parties to garnishee proceedings, sec. 148 ... ." 40 o ^tay of proceedings for. sec. 222 .. -q ba becurity to be given, sec. 149, sub. -sec." i tn Subsequent proceedings, sees. 150, 151, 152 ki Costs, sec. 153 "* The Judicature Act (s'ec.'l56)' shall' not 'appl"y,"sec.'if3 ^^'^ AppoiNTMENT_Of deputy judge, sees. 22-24 Of clerks and bailifTs, sec. 27 .' 191 42 48 49 41 138 148 20 3 3 8 1 70-1 90 41 41 41 48 Of deputy clerks and bailififs, sees, APPRAISER.S— Appointment of, sec. 251 Fees to, sec. 53 . . " " Award to be entered as th.. j. Judge may set aside, sec. 203 52 7 32, ',S3,"34 .■.".'.■..■.■ .■,■.■.■;;; gj 110 71 . , „ „ , — . - 71 judgment, sec. 202.... 71 72 72 72 Application must be made within 14 days, ' sec". ' 203 Arbitrators may administer oaths, sec 204 ARREST-May be made by bailiff exercising authority'as a" constable; Maj. be made''b'y b'ailiffby";i'rt'ue of wa;r'ant','se'c.'242 O judgement debtor, un.ler warrant of commitment sec 242 80 00 ASSAULT OfV.Tf.^ "' P'^^''^ °«^'=^''« *° '^'^ '"• B- 243 ■ '' ''"o^ A68A.JLT-0f baihff m the execution of his duty, sec. 276 28 89 90 01 xu GENERAL INDEX. •li- HI Assistants— Of clerks and bai'uffs ATTACHMENT-Warrants of to be issued by clerk .,'.'... Justices of the peace may issue In proceedings to garnish debts, sec." 173 Debts due for wages, sec. 174 Where debt contracted for board' and lodging, sec ' 1 75 ' ' ' ' Proceedings m case of wages or salary, sees. 176-177 Attaching order after judgment, sees. 178-179 Proceedings, sees. 178-184 . . Where primary debtors claim not a judgment.'sec.' 185 General provisions, sec. 188 , ^^. loo Against goods of absconding debtor, sea 249 When justice of the peace may issue, sec. 25o'. ". '. ". Uuty of baihfif thereunder, sec 251 ^ZZlTle^^lt. "^""^""'^ •" ''^^^ ""^^ aitachment S!r/™fr'i'"f ""'"^"''^'^ before'attachment; sec. 253 Property attached may be sold under execution, sec. 254 In case of several attachments, sec. 256 Attachment— Custody of goods seized, sec. 258 Where property seized by county constable,' ' it' must" be handed over to custody of bailiti, sec 259 On what terms goods attached may be re3tor'e'd,'s'e'c'.'259" ' It the debtor does not appear within one month, sec. 260 ' Where summonul personally, sec 261 "--w.. ^TeTved"^' .T'''* '^^''*°"' '^^^'^ process 'not previously Perishable goods, how disposed of, sec* 263 bond of indemnity, sec. 264 Attorney— May appear at trial, sec. 120 . . Judge may prevent from appearing,' sec' 121 '. '. '. '. " '. ' '.;■■.;. B. Bailiff— Meaning of Bailiffs— Are executive officers Offices of, and of clerk cannot 'be held 'by 'one 'pers'o'n Every court to have, sec. 26 . p^iauu Appointment of, sec. 27 .'.'.".' To notify inspector of .'..'. Qualifications of, sec. 26 *''udg:, Z!29^''\'' ™ed'by' judg'e."if'appointed'by May be dismissed on report o'f ' inspector, 's'e'c! '.30 Judge may suspend any bailiff for cause and report 'to p'r'o'- vmcial Secretary, sec. 31, sub-sec. 2 . . Leave of absence— Leave of absence, sec. 32. ^'ZtTst^. ■'l^^'""* ^^^''^^' "^^^ approval" of "inspector. Assistants not deputies ".'.'...,..'.' Deputies may be removed at pleasure '.'.'.'.'.'. ^^re^^-.-Bailiff's sureties responsible for acts of'deputyi sec. Service in case of vacancy Covenant of himself and sureties, 'sec. '.35 Must be filed before entering on duties, sec. 36' Page; 9> 20 20 60-1 61 61 61-2 6a 63 65 67 196 286 285 285 285 197 197 285 285 285 196 197 197 197 42 42 190- 11 11 8 8- 8 8 10 10 10 9 9 9 lO 10 10 11 11 '1 Paoe; 9' 20 2a 60-1 61 61 61-2 6a ea 65 67 196 286 285 285 285 197 197 285 285 285 196 197 197 197 42 42 190 11 11 8 8 8 10 10 10 9 9 9 10- 10 10 II GENERAL INDEX. BxiLiFFa—(Co7iHnuedJ. xui Pahb. Renewal receipt of Guarantee Co. to be filed, 57 Vic. c. 23 sec. 1, sub-sec. 2 ' ' in Actions on covenants lo Covenants to be available to suitors, sec. 37 .......... 13 Certified copies of to be received as evidence, sec. 38 . ... . 13 Entries in books of to be prima facie evidence sureties, sec. 39. against 13 Bailiff If surety dies, removes, or becomes insolvent, sec. 40. .!.'." ' 13 Duty of bailiff thereupon " 13 Not eligible for municipal office ......................... g Information as to covenants ' 10 Notice ] I'i. 1 4 Forfeiture of office for non-compliance with ...... . . . . * .' ,'.] 13-14 -Procedure where sureties wish to be relieved, sec, 41 13 When responsibility shall cease, sec. 41 14 The Act respecting public officers shall apply, sec. 42! ....'. I4 Liability of former sureties, sec. 43 [ 14 Duties of— On separation of counties, sec. 17 g After separation, sec. 18 9 Books to be kept by 17 To serve and execute process, sec. 57 '..',....... 27 To return execution within 30 days .'.'.*......."." 27 To make return of service, sec. 57 '.'..'.'...... 27 Not required to travel beyond division, sec.*57 ........ 27 On receiving and returning execution In making returns on writs of replevin and warrants lintnes in cash book Not allowed mileage beyond limits of county, "sec. 51 27 To pay over all moneys ' ' 00 Penalty for neglect 28 To attend every sittings 28 To exercise the duty of constable during the iioidina of oar* flO O 28 28 29 29 29 Vo ■" '^"nsiaoie auring the lioWiiig of court, SGC. D^ To arrest, with or without warrant, "and bring 'up offender sen. .^^> o r > see. oz On delivering warrant to gaoler ............. 03 On receiving an execution, to endorse time '. 29 On returning writs of replevin 90 What his cash book should show 29 Not to collect on commission, sec, 58 . . 31 To give evidence before inspector, sec. 62 15 And produce books, etc., see. 63 15 When unable to sell within the 30 days o" If unable to realize — re-sale -17 oa To report to inspector on his appointment, 'sec' 64 " 11 And give particulars of sureties n To inform inspector of any change of sureties", "sec, "(35 11 io produce certihcate of covenant, sec. 66 " ' 12 lo keep fee book, sec 6S \t To make annual return to inspector, sec. 68. . . . . . . . . . . . . . . 32 ^uUs, By a,id Against~Eovr he may sue and be sued, sec. 88. 12-34 Fees on execution «« Enforcing judgment against,* sec. 89! '.\'.'.'. ........ ...[..'. 35 xiy OEVEHAL INDEX. Bailiff— ('CoH<;««e,/;. bervice of sunimons, sees 1)0 97 '^^ Liidorsement up,,,, su.n.nons,' sec. 'os „ ~ When service t,. be personal or otherwise' sec" 99 "'"o^ Substifcutional service, sec, 100 22 Service of process on corporation,' sec' 161 "^f Neglect in making return, sec' io4 '" '^^ Attidavit of service, sec. 105 ^** hervice on partners, sec. 10(5 ^^ Costs of to be taxed by clerk '^^ Service on partners, sec. 106 ^^ May take soiife.sion, ,eo. 205 -IS' , And hold same for benefit of pl'iintiff ' sec ' •>^0 l\ And sue on them, sec "•>() ' ' ^^^- --•' 82 Disposition of moneys realized thereunder ' sec ' o-Vi fo To endorse date of seizure on execut o iis^c °'V^ f. To give notice of sale, sec. OS-J *■ ^^ lime of sale, sec. 233 . ; 83 Not to purchase goods 'se'ized,' sec ' 234 5? Action on warrant of commitment, sec ' 043 H On warrant of attachment against absco-n.Ung'dei.t;;,- 'sec! '' Upo.m^iptofwarrant,'baniffto-seize-andmakeinv.i;tory; '^ T^Si^S or^rrS-J^tP'-g --; sec.-258 ]li sec. 258, -nib-sec '' P"'P^'^*y ^'^'^ed by county constable, Residue, how disposed of, see 265 ^^^ /«.«>,,.«*._In case of claim by landlord, 'sec.' 269,- and sub- ''' me. moi. than one ex^ution against' the 'sam;' property! ''' Landlords' claim 'for rent, sec 270 ^^^' How to proceed, sec. 271. . • • • ■ 199 ^i[replevin made, sec. 273 When contempt of court committed; sec; 275';;;;;;;;;;; ; ; ^Jf m GENERAL INDEX. BAiLXTF—f Continued J. Mifcondiirt of, sec. 277 Acting under colour of process, sec. 277 .. Extortion, sees. 277-27S Making default in paying over money, sec. 277 .... . Penalty for Neijkct of Dull/, sec. 279 Hints to , . ' .'.....'....... List of, with post office address and courts ... . ." .' . . Shall be ordered to pay damages upon proof of '. J'orfeiture of fees by For neglect in returning execution, .sec. 280... ... .". . Proceedings against, and sureties for, .sec. 280 Execution against, forthwith, sec. 281 ' Protection to, sees. 285-286 \Vhen joint defendant with clerk, sec. 287 .......... Limitation of actions against Notice of required ■..'."....... Tender of amends or payment into court. May plead not guilty ' ' Costs when verdict for no greater damages than .•?10. Baimff'.s Fee Book— Entries therein Bailiff's PR0CE.s.«i Book— Entries therein Bailiff's Cash Book— Entries therein Bank Notes— Liable to seizure, sec. 228. Barrister— May be appointed to act as deputy judge, sec. 22 >i(.tice to be sent to Lieuteiiant-Uoveri sr, sec. 23. . . Clerk or his deputy cannot practice, stc 22 deputy cannot jjractice, stc Judge may refuse to allow to appear at hearing, sec. 121 .. . Bills of Exchange- May be seized in execution, sec. 228 Board— Of county PoARD AND LoDGiNci-When Wages of debtor exempt in action for sees. 1 ,4 and 173 ' ' When exemption unnecessary, sec. 1 75. . . . . . . . . , .... Board of County Judges -Existing board's authority, sec. 297* Appointment of, sec, 298 Th_e inspector of Division Courts to' be a member,' sub-sec' o, added to sec. 298, by sec. 3, 27 Vict., c. 23 '15 bhall certify rules and forms, .sec. 299 High Court judges may approve or disallow," sec 300 Ajjproved, shall have the same force and efiFect as if included in Act, sec. 301 Copies to be forwarded to the' Lieuteiiant "governor and' to be laid before the Legislative Assembly, sac. 302 t.xpenses of how pairl, sec. 303 In cases not expressly provnled for','thep'racti'c'e of the'Hieh Court may be adopted, but only the tarifiF fees to Be allowed, sec. 304 Bonds -By clerks and bailiffs, sec. 35 To be filed with clerk of the peace, sec. 36. Covenant to be available to suitors, sec. 37 Certified copy to be received in all courts as Vvidence o'f execution, sec. ,38 XV Paob. 92 92 92 93 93 127-8 138 93 99 93 93 94 94 95 97 97 97 97 97 17 17 17 82 7 7 7 42 82 3 61 61 99 99 100 100 100 100 100 99 m 11 12 12 XVI OKNKRAL INDKX. BoNm—( Continued J. Eutri VVl ^e,::L!r J^;^:^"'"'^ *« '^° '^^p* «»>«» >- ;>-«« /: (tCit Paob. 12 13 vviien new Hurefcy necessary, sec, -10 14 (See CovemntJ. In replevin, sec. 72, and Rule 47 In ivppeal, sec. 14!> In garnishee proceedings, see." 196 \V here suable, see. 2(i(5 sec. 207 . , 11 23-4 50 70 204 197 18 18 13 1(J To be given by creditor on sale of perishable good.s. see •>.54 ,.,7 BooKS-Of clerks and bailiffs. . ^"*^ Entries, how made, . . . 17 When supplied Ijy county 17 VV hen supplied by government'. !» Application for Entries therein evideuce'again'st'officVrV see" '-V) Procedure booli, sec. 45 ""'^ei,s, see. .VJ Duty of clerk to sign every 'page ," ," .' ." f:^:^ ^^'•"«^'* ^°P-'f *« ^^ evuience,-sec,'45: ! ! ! J^ y]:^e::;i-^i^ir'''^ times' accessible ^^ Disposal of on death or removal of clerk "see ' v') "^"'^ Account of fines to be entered in ^7 Cash book of clerk 16 Fee book _' _' 16 Order book .......[ 16 Judfrment debtors' book 17 Bailiff's fee book .' 17 Bailiff's process book 17 Bailiff's cash book '.".".'.",'. 17 Beant— Courts and clerks in ^^ Bailiffs '' 129 Limits of divisions ,.,,,...'.'." 138 Breach of the Peace— Whpn Knii.ff .„ ,l' *, 1*^ BncoK-Courts and clerks in "^ """"^ '''' "<=• '' 28 . Bailiffs , 129 Limits of divisions 138 149 Cahleton— Courts and clerks in Bailiffs ;; Limits of divisions ..... o. 121 139 159 GENKKAI. INDKX. XVU Cash Book— Of clerk Of bailiff yy.^........ CAitSE OP ACTioN-Divi.ling or splitting, sec. 77.". ... ... ......" ' " ' " Ckrtified copies of jiapers Cehtiokari— Causes may be removed by, sec. 79 CuANGiNo Place of Trial. -To procure same, sec. 86 . .....'..'..'. . CuEQUKS— When liable to seizure under execution, sec 228 Chief Plac-k of BusiNEss-Of corporation or firm, sec. 101 OiTiKS— Courts in Where two courts have been established m...... . City— To be at least one court in each, sec. 3 Sittings of courts and offices in sec. 9 Claim — The claim — meaning of To be entered with clerk What it should show .....'..'.' " What it should contain ... When promissory note ..'.".".'.'.'.". In suits brought under sec. 82 . ....'.'.. Jurisdiction on, sec. 70 Combining claims, sec. 70, sub-sec' 3. VVhere may be brought and tried, sec. 82 When entered in wrong division, sec. 87 topy to be entered with clerk, sec. 94 . . Notice of disputing, sec. 109 Of landlord, sees. 2G8-270 . . Where brought against officers of the court and thei; sureties VVhere the excess is abandoned .... When not furnished by pltff. [ Fee for copy of Clear Days— Meaning of. Clerk — Meaning of Location of office of J" city, offices in same division, sec. 9... When he shall adjourn court, sec. 25 i-very court to liave, sec. 2G ' ' Qualifications, sec. 26 .".!.'. Appointment, sec. 27 Disqualification, sec. 28 ....... Suspension or removal by judaei sec' '29 Dismissal on report of inspector, sec. 30 May be suspended by judge when appointe'.l by 'ijeutenan't: Governor, sub-sec. 2, sec. 31 Assistants and deputies ^"""sec^So"'" '^"'"''"'^ becomes' clerk when 'vacancy 'occuVs', Leave of Absence may 'be granted 'by inspector,' sec '32' ". ' " " May appoint de|)uty, sec. 33. Securities Conenant-ShM give security by coven'a'nt, 'see'. '35 '. Security of guarantee company. , b^^. 00.. Covenant to be filed with clerk of the peace 10 be approved of by judge Certificate of filing, sec. 3(3 , ,. Paob. 16 17 32 121 33 34 82 34 5 191 IS 18 19 19 19 2 32 19 34 18 38 198 19 19 19 120 191 190 3 5 6 8 8 8 8 10 10 10 9 10 9 9 11 11 11 11 12 xvui OKNEUAL INDEX. CtZHK—fCondnuMlJ. Covenant to he available to suitors sen q? ^*"''- LmUty of |»,tie. to a ■;„„„„,■;,;„,■,„,„ 12 FoZr,', rrir- :'.'•'• -»""""■' '» '»■ '^-i'- ■■:■:: "-a Actions on covenants '2 Information as to 12 Si^'r^j" >?"'^« »'y;J^'i«« Acfe'evicience;.;;;: ! ! ' Jf 13 32 13 New sureties, sec. Jo' forfeiture of ofKce for Fines — Account of Fees— Fee book tS ^^•*,°.^'' hung.i'P in office," sui.-sec ' s'. Bailiff, he, to be p«i,l by, ,ec. SO.;;. JTI K b\Te;,rirci»r«t.1o''" '°*"«<">^ '»i».:-«: i?i Cross and net income 29-30 n'Xf''^'' *" ^^ P^»' proVindal i;easurer' ;. ^ Clerks emoluments 29 How percentages calculated'. '.'.'.'..'.'. "^ ^^^'^l 14 10 9 16 Ui 103 28-9 Shall not collect on commission, sec. 58 30 Necessitj' for making prompt returns of f Inconvenience cause.l by want of punctuality o^ On changmg place of trial, sec. 87';'"'*^'"*''*^ 31 Actions By and Ai/ainst, sec. 88- ^^ Enforcing judgment against, sec. 89 .'.■.' .' Diities of— On separation of counties In absence of judge to adjourn cou'n III , Pec. 17 ""'*""' ^"^^'""^ "^ *"'*• ^" ^^ '"*''^ with,' sec H To annex particulars to summons, sec. 96 May send process for Hervico or execution direct to' bailiff at at a distance, sec. Iu3 To prepare aflidavits of service," sec. 103 As to notices Summonhiij Jurorn, sec. 100 ....'.','.'."..""...'.' .' To make return to county tre'asiirer'a'a' to jury fund," sec' 170 Return for cities, sec. 171 ' To pay fees of jurors, sec. 172. . Oarnishfe-l)nt\es in garnishee proceeding's. 'sec'. 188," and sub- To keep debt attachment book, sec. 199 Entries therein To take confession, sec. 205. ...!,..!..,. Tramrript— To prepare and transmit transcript, sec "211 I o give notice of return of miUa hona, sec. 218 .'.'." Clerk— Shall not purchase goods sold under execution, .sec. 234' '. '. '. To make annual return of commitments, sec. 243 lo issue warrant against goods of absconding debtor.'Be'c. '249 To pay over hues, sec. 293 . oi-. *-»» To mail notice of jiaynieut of money, .sec. 294 lo pay over moneys unclaimed for six years, sec. 295 Jintitled to necessary postage with his fees. List of, with P.O. address and courts. . . Clerk of Municipality-To furnish voter's list, sec. 159. .'.".". .* '.'.'.] Proceedings against for neglect or refusal, sec. 164. . . Penalty therefor, sec. 105 Clerk ^^ ^^ ^-^ace To record the divisions and the "times and places of holding courts, sec. 20 Covenants of officers to be tiled with hin^'sec. 30 ^ee to be demanded for tiling and certiHcate Certihe.1 copy of covenant by him, to be received 'as 'eviil'- CllCG SGC. Oo ... Guarantee company's receipt to be tiied witli "^O^-^^^^-^^^^^^-V^^nolaim for distinct causes- may Commissions to take EviDEKCE-Power of court to issue,' sec' 135." Not usually granted for examination of applicant or his em- pioyeG, see. iSo Proceedings thereunder, sec. i3'7 i i Rules applicable, sec. 139 Return of, sec. 140 ] Costs of, sec. 141 How recoverable ' ,' Interrogations to be annexed to! . . ! xix Paoi. 21 21 12 15 16 31 35 18 35 19 19 35 35 35-50 52-53 58 59 00 60-07 71 71 72 77 78 84 90 196 97 97-8 98 101 129 56 57 57 8 11 12 12 12 .33-4 45 46- 46 46. 46. 46 46> 46. OENEUAL INDKX. Order of c.m„„itmeut of jn.llnnent ■.iobtori «ec: ow.B.ib:, ' ' III made, clerk Rliall issiio warrant, sec Qd> sec. Execution of warr-iwit, aecs. 24.S-244. PAei. 15 15 8g 80 89 90 warrant, aec. 24 Julffe may rescina " alter onler sen 2aA )meUr«o of debtor, o 24.--) t^or reamting baililF. see. 270 Of clerk or bailiff f, •CoMPLAiNTs-Apinat olficerB . ParticuFarB which «houl,l he given when making. . : ; ; ; ; .-.•:• j^ -To be reported to inspector, 90 89 91 91 tor misconduct, sec. 277 '.'.'.'. 90 102 COMMITTALS- CowmsioNs OF DKBT-Fee on taking Uerks and bailiffs may take sec. 205. 32 121 S^wtrK!""'. :*:"'^-"^"''"^be -ie;eJ.-8ec.O05: : ! ! . ! J^ CONCURRKNT SuMMON.s~When issued How marked Costs of lo an appeal and interpleader,' sec." 148 Fines to form part 01, sec. 2'>;{ ' " Unclaimed moneys to form part of, CoNRTAnLE-Bailiff to have authority of lo seize under warrant. .....' Co.NTEMPT OF CouRT-What is, sec. 275. ......... Contract— Breach of Whpn f "*'""' "" aresubjecV to jurisdiction." sec " 70 Yb) ^';".''ntTre;:; is-^r .^".''*."'^' judgm::iti^^\.e"for 72 21 21 120 31 31 49-50 7 28 97 sec. 295 98 sec. 52 28 28 T> 1- /J . "J » ^^^* 4 1 Kehef against penalties and forfeitures in sec 7S ■CoNviOTioN-For offences under Act. sec. 283 <;oRPoRATiox— (foreign). 91 2 1-2 32 32 34 34 94 When head office out of province, sec. 84 . . . ». Service of process on, sec. 101 ^* T,-V.;i:i.. _iT . 3- 65-6 101 i^iabihty of to garnishee, sec 185 "CoRRESPONDENOK~.Wi.h the inspector's dept!.'! S.,K ■,?^'''^^ communication should be given in in, Submitting hypothetical q uestions in . . . .^. . .! ! [ }^ r Paoi. lA IS 88 80 80 00 90 88-9 80 01 01 02 102 102 32 121 72 72 72 21 21 120 31 31 49-50 7 28 97 98 28 28 91 2 1-2 32 32 34 34 94 OBNKKAL IV iti.^, Costs— Clerk to tux, subject to roviaion of judge, stc. 46 Fee for nakiimout sUtumeiit of To be paid clerkii and bailiff* in mlvaiioe, sco M. Of witii "sses Clerli sli 11 certify coats iii trawferred cases, bou. 87 VVhero defennt; only applies to pai f. hoc. Ill Rule as to, on teiiil.r and payment into uunrt, sec. 124 Of coininission to t ke evidence, sec. 141 ' " III appeal as between party and party, sec. i53. . .' When garnishee not liable for, h«c. 191 . .' Of proceedings on judgment suminoiiH, see. 238^ In actions against clerk and bailiff, sec. 292. .. . In suits not exceeding s^lO Postages of papers, etc., to be costs' in the cause, see. 102 ' ' Charges for Judge's authority as to, sec. 207 !.......... . Where claim disputed and .left, afterwards confesses' "iudff- ment, sec. 209 '' * Not allowed without order of judge, sec.' 210. ...........'. Couimel—Jiidne may exclude, sec. 171 Couimel Fee -May be allowed in contested cases for over SUM) sec. 208 ' Clerk's fee for making out bill of Duty of clerk as to ," ' ' On returning process from foreign court. . . .[ . ........... Counterclaim— Power-s of court as to, sec. 73 Where it involves matter beyond tiie judsdictioi 'sec. 74' ' Uefendiint to give notice of, sec. 128 Fee for entering defence of County— The word includes two or more counties, sec. 2 Senior Allownnce to, for use of uourt-houwe, sec. 1 1 ! . ! ! ! . Separation of junior from senior county, sec. 15. ' . . ..'.'..[ County Ciiown Attornkv— Becomes clerk when oflBce vacaivt, sec. I!uk 50. Books, etc. , become his property To pay fees forfeited by bailiff to Provincial Treasurer I80) , May renew executions, sec. 221. . . . . . . . . . ,......, To pay over fines to provincial treasurer ' . . . . . . . . .... To pay unclaimed moneys to provincial treasurer, sec. 2y3 . County Board— May alter limits etc County J udoes— Board of | Appointment of .'."........ Inspector or member of . " / [[ May make rules and alter tariff. ...........[['......,[ County Town— Courts in Shall be at least one court in, sec. 4. ...... .., Sittings to be held in court-house, sec' 11 ....!,..] . . .. ., County Treasurer-To keep account of jury fund, sec. 170 hliall pay clerk amount of jury fees on certificate of judee sec. 172 •" * Court— Meaning of ' XXI t'Mtn. U Pi's 291 125 34 39 43 4(j 51 m 88 97 118 100 125 73 74 74 58 73 125 125 125 32 32 44 120 3 8 8 10 10 99 79 97 98 a 99 99 100 100 6 a 6 58-9 59< 191 1 f :7CXU GENKRAL INDEX. •Courts- M: OouRT-HousE-Sittings in county town to be held in Maintenance of, sec. 11 6W-/?oow-Mimicipality to furnish, sec. 10 ' " ' iJiXpensee for rent -When established Division Court Acts . . ' ATnending Acts Consolidation of Acts ....!..., Enlarged jurisdiction of , .'......' Not courts of record, sec. 7..... Judgments therein, sec. 7 •^*(Sr^I;^S:^j^^^--:i""^^^ Personal actions under $60 Where amount claimed is under $100 VVhere aniount chiimed is $200, ascertained' In actions of replevin Where value of goods under $60 ^oJu^HdIction if title to laud brought'in' nuestion 'sec 'm ' Nor m actions for gainhliiig debts l"esLion, sec. 69. ^or for spirituous or malt liquors drank in'a tavern' Nor in actions on notes of hand given for same Nor ,n actions for toll, custom or franchise " JNor m actions ■ • ■ ■ JNor in actions m which the validity of a benuesV inulVr «; hnntation under any will or settlement islsputT Nor 11, actions tor libel, malicious prosecution der,' seduc- _ tion, criminal conversat on. <>rT,..«„.i, ,.f ' ! ' ^^""*^ Nor in actions conversation, or breach of promise against a justice of the peace for anytiilnK done by Inm in the execution of his office -mm/>n'o/i» Co,<.^,/_Xot less than three .u.r.; Must bp nf lonof i^ ■• 7 • *^''^'^" "'"■ "'"•■^ t''a" twelve imist be at least one in eacli city and county town Altering number and limits of ^ County Board may alter limits of May estabhsii or cancel courts Ill provisional judicial districts.'secV is." sub-sec ' ^ Location of clerk's ofHce ,. ' '^ 'Holding of Sittings may be reduced. .'. Must be held at least once in every six months In provisional judicial districts lVov!S*,i'Hw'b;'f •"">'. '"^'^'^ ^"-ther regulations' thero" s^:4iteu;L!r'^'"«--^"''-'*'-p^-^^^s^ ""^ i::Sl"' "'"""'^"' ^°"""' -^-e'- 'court.' judge ^^CovernS inT-oun ^U '^""' ^^ ^^^'^^' of the Lieutenant: .xovernoi in Council approving, sec. 14 S tt ngs of and clerk's office must be within the division" ' ' diSn"' "" *"'" "^"'■'^' ^'""'«^ '"'-^y '- ''Old in either 'Clerki Paor. 6 287 5 5 287 1 1 1 1 1-2 1 1 2-3 2 2 2 2 2 2 2 2 2 2 3 3 3 3 3 3 3 3 4 4 4 4 4 4 outings 01 the two Toronto courts 4 4 5 5 5 5 5 GKNERAL INDEX. •Court— < Continued J. Municipality to furnish court-room 12 13 13 8 13 1 XXIU Paqb. Mu8t not be in connection "withLotei or" tavern « When municipality fails to provide accommodation s Judge may hold in suitable place . " " s Party ^furnishing same entitled to $5 per day ' from' munici- In county towns, sittingsin the 'court-house! '. r May be adjourned, in absence of judge, hv clerk « Cannot be held on legal holidays ^ ^ ' ^ *"*''' f List of, with names of clerks and bailiffs . 1 90 i ^h Limits of divisions of "" us •Covenant— Action on ^ Information as to q Of clerks and bailiffs, sec." 35.... Apnlication for forms of to be made to inspector i o To be given in such sums as the county judge directs '.'.'.'" u lo be available to suitors, sec. 37 Certified copy to be received as evidence, 'sec 38 sSies, ^"39"'^' .'^.':^^"''^ ^"'^ '"'^''^ evidence against ^^stc* •« '^"'"'^^ " "^^''^ "^ ''*'^'^" «l^a" '«clude; sub'-sec.' 2, If surety dies, etc., sec. io. ...... ....'. New surety to be given within' one month, 'sec. '40." vi forfeiture of oflSce penalty of neglect ,0 Frocedure where sureties wish to discontinu'e! Ve'c'. '41 U A Application of the Act respecting public offices, sec. 42 4 Parties to former covenant not discharged from liability' be'- fore renewal, sec. 43 "vuiuuy oe To gi ve names, etc. , of sureties to'i'ns'pec'tor,' sec." 6"4 n lo inform inspector as to ebange of sureties, sec (55 1 Actionron"'!"''."'"*' "^ "'""^ °^'*''° P"'"'"*' "^ '"'"«• '''''■ '^^' ' '2 Actions on, not exceeding $100," sec*. 70 "("//) .'..'. {g CuEDiTORs' Rklikk ACT-Right of bailiff to fees, wliere he has'seized' and deft, makes an assignment, see. r,(i (a) 1 14-1 15 SifflSr'^*".w T'''''"" "f «"'«^« seized, costs' o bailitt shall be a hrst charge, sec. 212 {h) 75 ■Cross JuwiMKNTO— May be set off, sec. 213 -^ 1 roceedings thereon ] ' " Custody ok^ Goous-Smed under attachment. shaU remain "with """^IZir^'f '^^y T"'}^ constable shall" "be handed over' to baihtt, sub-sec. 2, of sec. 238 D. Damages— Action for on covenant, sec. 38 Claiina for in personal action, not to exceed «60, sec. 70, and In action on replevin bonil '{Sre "Re'n/eni'n) "".".' Unliquidated, relief against, see. 73 J' ' ^'' ^ho may be appointed; sec. 22 ^' ' ' ' ^otice of appointment, sec. 23 Duration of appointment, sec. 24 32 32 38 39 sec. 24. 7 7 7 7 7 68-9 69 Of moneys paid into court .. . 97 97 Disputing Plaintiff's CLAm-Notice of sec 100 Leave to dispute, sec. 112 38 Disputing jurisdiction in garnishee cases.' sec.' i 76 DXSTKIBUTION-Of moneys realized in attachment proceedings; se'c DisTKXCT JUDOE-Memberof board to alter divisions; etc' ! ; i ; \ \ ; ; ; '% 39 61 UiviDiNo Cause of AcTrov~-«;h„ii 4. i ,. sees. Discontinuance of Action. Where withdrawn 32 123 123 70 Paob. 2 38 24 1-2 72 16 91 19 19 47 . . 48-9 38 38 112-121 32 32 38 39 39 39 39 40 40 43 64 47 190 97 9 10 9 , 10 7 7 7 7 7 68-9 69 97 97 38 39 61 197 3 32 J2S 123 GENERAL INDEX. XXV Division CouHTS-Supplanted Court of Requests . '''"', Amendments to Act 1 Are not Courts of Record 1 ^^here they have jurisdiction! . .' , i Where they have not ^'^ {See Courts. ) 2-3 Limits of divisions of DuFFERiN— Courts and clerks in ^'^^ Bailiffs. . ;■ ; • • 130 Limits of divisions . 1^^ 152 B. Elgin — Courts and clerks in Bailiffs .■■■;_■■ 130 Limits of Divisions ^'^^ Emoluments— Of derks. '^^ Entries in Books-How' theyshoul.l be made' '. .' ^''' ^^IJ In separate book to be kept by clerks in cities' .' ? E,;jUiTY OF REDEMPTioN-Of debtor liable to seizure, sec ■2'>7 «, Essex— Courts and clerks in ^* Bailiffs ; ;;■ 130 Limits of divisions ^'^^ ExAMiNATioN-Of judgment debtor.' sees .' 235"246 «lfo Exemptions- What are exempt ^^'^ EXECUTION-Clerk to enter and keepVecord 'of,' sec' 45 ^tn Bailiff must return within thirty days :2 If haihff unable to sell ... 27 Moneys realized ..'.". • • 28 When clerk cannot renew 28 May issue forthwith, under sec ' io!) ?** Whrr'"* "l^t^T^^ «l«-k «r bailiff.' Vecs.' 89! iVo ''^si ' SS O"? ? v^ hen re(|uired to be exeontpH nf ., i;„i. ' " ' ''''' ^•'■" Where no bailiff . . ''^''°"*^^ *** '^ distance, sec. 103 .... . lo Against one of several partners,' sec.' \m or'? ^^l^^:S^^Z^r^-' -•2i2:::::::-: '''it Unless otherwise 0".!;^/;^ S^T^' '''■ ''' f, J. ot to be postponed for more than fifty days" Vec' 147 aI Ml St be executed within the county ^ ' ^^ if W hat may be seized under, sec. 227 IS Where to be executed, sec 214 ^2 If defendant removes to another county Zf Amended Act. (57 Vk c 2?> '^"^' ^'"'- ^■ On failure of sheriff to realize mmL 'on •:;; "oio^ §9 XXVI GENERAL INDEX. (! E\KCVTiOT'!~( Continued). Not to issue .against garnishee until money due, sec. 194 Return of. is' t !] Paob. 69 W'^ Of papers must be made promptly to entitle to fee \o\ Duty of clerk rX~ As to duties and fees of officers ............'.'.....,',,'" 125 ExBCUTivE Officers— Bailiflfs are executive officers of the courts. ... 11 Executor— Meaning of ' , g^ Express Company— Meaning of agent of 1 92 Extortion— Definition of, sec. 278 .. . q.. Penalty for '.'.'.'.'.".'.■.■.■.'..■.'■ .' .' .' ] [ '. [ [[[[ [ 99 Evidence— Certified copy of covenant to be, sec. .^8.. i^ Entries in books of clerks and bailiflfs to be, sec. 39 13 Entries m procedure book and certified copies, sec 45 13 Power of inspector on enquiry, sec. 62 15 Inspector to take down " _ To be taken down by judge in appealable cases, sec. i 15 " " ' » . Judge s minutes evidence, sec. 116. 151 " ki Of set off, sec. 129 '.■.■;;.. [\ ^j Of witnesses unable to attend trial, sec. 137. 46 Of witnesses residing at a distance, sec. 138 . . ! ! 1 ] j« Of books of account, sec. 142 47 15 41 P. False Return— If made by bailiflF, sec. 280. Fek Book— Of clerk Of baiiiflf ;;■.;■.". Fkks- 93 16 17 -Of clerk of the peace 011 filing covenant, sec. 36 12 Clerks and bailiffs to be paid by, sec. 53 103 Of appraisers (2) sec. 53 1 10 Table of to be hung up in clerk's office, {3)'.'.'. ....... 102 To be paid in advance, sec. 54 103 If not paid, how enforced, sec. 55 .'.'.'.'.'.'.' lOv Bailiff's fees to be pai.l to clerk before execution 'issuesVsec. 56 103 Right of bailiff to, when action settled, 56 a 103 Baihff to forfeit, if he neglects to return writ, rule 183 99 Forfeited, disposal of qg Only those provided by tariff to be taken, sec. 47 . . . .' ..." 102 Proportion to be retained by clerk, sec. 59 30.31 Inspector to see that only lawful fees are taxed' sec. 61, sub- ^ sec. 4 j4 Postages to be costs in the cause, sec. 102, Rule 300. . . .100-101 Payable ou requisition for jury, sec. 156 52 For jury fund, sec. 170 [[ 59 Of jurors, sec. 171, 172. 60 Of bailiff, when goods seized are taken by sheriff, sec. 212 /> 75 Liability of clerk to bailiff for " 193 In replevin and interpleader Ul Fees to Clekk— Remarks on items of and changes in tariff 112-114 For entering defence . no For furnishing copies of papers .'"............ 1 1 2 Certifying under seal II" Entering judgment or final order ....'..'.. 1 1 3- 1 21 Subpoena to witness II3 OKNEllAL INDEX. IFees to Clkrk~( Continued J. Summons and copy for jury Calling jury ordered by judge! 'I'ranscript Bond '.".'.'.'.'.'.'.".."..'. Taxing costs— making out statement of Taxmg bailiffs coatt ^BIM TO BAiLiFF-IJemarks on items oVandchanges "intariff | Undrrm'f ?» hearing of judgment sun.mo^fs .V. ' Under the Creditor's Kelief Act For mileage When entitled to for trying to "find' property Reasonable allowances and disbursements Poundage Fees to Witnesses— Remarks on To appraisers ^ In suits not exceeding $10. . , How entries should be made . Fees, where case settled ,,[ FitKS— On distress for rent, sec. 271 Of witnesses, sec. 134 \[[ To be taxed by clerk, sec. 46 ! Fees on transcripts ' ' J'INES— Clerk to keep account of, sec. 46 HoIT'k^ '"'•.?*y attorney with ^^rified account of,' sec ' 48 How to be paid over by him, sec 295 ' ^ May be enforced by order of judge, 8ecV282: '. DispSotstT9S.'.^.^r^"!""^.!'r.p^^^^' «- '^^■■■' ■'■■'.: First Process— How called Flooding Land ; Folio— What constitutes " Foreign C.RPORATioN-Action against, sec. 84 service of process on, sec. 101 .. . Of garnishee summons, sec. 182 Forkioh CouRT-Foreign Division- Meaning of Foreign Service- How performed FoRMS-See index to forms at end of volume Frontenac— Courts and clerks in Bailiffs ■ ■ ■ Limits of divisions ... Futitre D.»y.s-No fee for adding or additional warninas: [Z G •Oambling Debt— Actions for No jurisdiction in action'fori sec'. ' 69* * GAOLER-Duty of as to prisoner, sees. 243-244" •GARNisHMENT-Summons to garnishee hervice of Where separate interests". Substitutional service, sec. lOO Appeal in, sec. 148 Proceedings to garnish debtsVaec' m. XXVll Paob. 113 113 113 114 114 114 14-117 114 115 115 115 116 117 17-118 118 18-119 119 122 45 14 123 16 32 98 91 91 97 20 21 121 34 35 64 190 35 130 139 153 12tt • 2 2 90 24 24 24 24 60 60 XXVlll OENERAL INDEX. (iA-HmauMnyT—f Continued). Proceedings against non-resident garaishees seo 17s Wages or salary exempt to the extenrof gs sec m ' ' Wliere exemption not allowed, sec. 175 ' ^^ " " Notice where jurisdiction disputed, sec.' 176 ^ oMr!l'l"'^ "'i garnishee summons, sec 17 If adeged to be due by an unmarried ily, sub-sec. (2) Where the creditor's claim a judgment sec .....v.io. ncu. 111 by an unmarried person having no fam- Paok;. 63: 61 61 61 62 178. 62 63 63 63 Garnishee may pay his own discharge, sec 179 Payment to any but primary creditor void sec 180 Payment into court will protect ^* Slntir!.;':ri«r^'^™^~''"^'"-^"'«3.::: g Where primary creditor.-, claim noVa judgment " sec " i S -. ' ' ' ' «« If garnishee a body corporate, sec. 186 . ^ ' "'• '^" " " " " ^l H ho to be deemed agent, sub-sec (3) ""* tjervice on companies, see. 186 ■iudge may dispense with * ' Judgment in such cases, sec 187 Garnishee may be examined as a judgment'.lebt' All parties ,nteroste - - i. • -primary creditor, sec. 19(» Payment in such case . c^- i»". As to costs, sec. 191 t^'osts of primary creditor,' sec.' 190 Kequis.tes before judgment given, sec' ' 19.3 Execution only so far as money due, sec. 194 £PPl\!i**T° *« .^'^''harge debt from Attachment," sec 1^5 ' 196 Securit3' for primary creditor, sec. ierms of bond, sec. 196 Adverse claims, sec. 197 Judge may postpone or ad jo'urn, 'sec'. ' 1 98 r...p n attachment book and entries therein,' ;;c, General Directions- As to entering actions... Oenkral Information ' 199 68 68 68 69 69 69 69 69 69 70 70 70 70 71 34 120-8 Genera. Ro.E«-^Authority of board ;rc;unVyjudge;;^ Proceedings of board.'sccs'. '298-303 ^ H-xpenses provided for, sec 304 99-100 GENERA. ^-|--Nc^ce .id proc,amat;o,rby:-befo.;awion Goods. Chattels and PROPERTv-Meaning of Gross and Net INCOMK-Of clerks, how arriv'edat Guarantrk COMPANY-Security of may be accented Renewal receipt of to be filed .^ H Q«EY -Courts and clerks in '^ BailiflFs ' ' ' ' 13()> Limits of divisions 140 154- 3-8 19P 30 Paob,. c- 178 63: ec. 174 61 61 61 . 62 nag no fam- 02 63 63 • 63 180 64 '• 64 64 lec. 183 65 65 ec. 185 65 66 66 •' 66 66 66- '• 67 67 67 68 '• J8.t 68 68 69 69' 09 69 69 c. 195 69 70 70 70 70 y 71 34 120-8 "ne, etc., "..99-100 alteration 3-8 191! 30 11 12 ISO 140 154 GENEKAL INDEX. H. XXIX Paob. Haldimand— Courts and clerks Bailiffs .'...'.'.'.'.'.'.[ }"^^ Limits of divisions {re Haijbueton— Courts and clerks in ,!!, Bailiffs '.'.'.'.'....'. J Limits of divisions i =« HALTON—Courts and clerks in . Bailiffs '.'.'.'.'.'.'.'.". ^' Limits of divisions Ire Hastings— Courts and clerks in. ,^, Bailiffs ■ ■ J31 Limits of divisions ... '*" HouDAY.s— Days included in . . HoMB Court— Home Division- HURON- Courts and clerks in . . . , ., . Bailiffs "*.*.".'.".'.".".■.'.'■ I., Limits of divisions t=l loo 157 7 -Meaning of jg^ Jmmediatk Execution— Judge may order, sec. 222 Imprisonment— Of debtor under warrant, sees. 243-244 Income— Gross and net Index to rules {See end of vol.) Index to forms (See end o/i'oM. ■'••'.'.'......... ..." '. Infant— May sue for wages, sec. 76 Injunction— Powers of court to grant, sec. 73. ...!!.'.!!... Inspector— Appointment of, sec. 61 \\\\ Holds office during pleasure Duties, sees. 61, 62 Member of board to alter number and limit's of court! sec." 13 On separation of senior and junior counties to act, sec. 15 lo receive from clerk of the peace record of alterations, etc.". of divisions, sec. 20 ' On report of, clerks and baili'ffs may be dismissed, "sec", "so".' " '. May grant leave of absence to clerk or bailiff sec 32 And approve of appointment of deputy ' sea 63.'^"''' """' ^'''""'' *"* ^^ produced"to for "inspectio'n, Clerks and bailiffs to report to. ! ! ! ! .' To be informed of appointment of, 'sec. '64 lo be informed of new sureties, sec. 65 IJ.lt^^ °*°^'*' *° ^'■"'^"''^ certificate 'of' fiiin'g covenant, Annual returns to be made to, sec. 67 Member of board of county judges May prosecute parties wrongfully holding 'books,' etc aNTERPLEADER— When summons issued Atoption of bailiff, Actions where the money ciai'ined'or the'val'ue 'of 'goods does not exceed $60, sec. 148 an^''«^i f- ^^^^-^ courts. . : ; ; His right to hold sittings in courthouse incoilnty towns In absence of through illness, etc ' ' ' Liability of . . . _ May appoint additional sittings Lieuteimnt-Govcrnor to benotiHedof appointnient of deputy", Duration of appointment, sec. 25 Chairman of board to alter limits, etc In provisional judicial districts .... Holding court by Regulation of sittings LiaLTty S.'''.'!"'* "^''" P'*''*'"" °^''"""^^ Powers and duties oi .......'.,,[' [ May appoint deputy .....'.'... i;iTl!riT'*'^'°''T'T T^ "'''"'''^ 'fipp'ointin^nt of deputy". [ ' ' In the absence of, clerk may adjourn court, sec. 25 sec' 2r. "'■.';'°^°^'^ '^'^■'k «»• l^ailifF appointed by judge", May approve of appoin"t"ment"of"depu"tyby'clerk Responsibility of "judicial" in appoving of covenants " " May for cause suspend clerk or bailiff ' ' " 1 o report same to provincial secretary To Ilofir n«'* """^ 'f^'P'"""'' "^ "''""•■'^y ofofficer"8,"sec."35.' ." '. 10 notify officers when new sureties required, sec. 40 To be notihed by surety intending to withdraw, sec. 4 " " " Pauk. 52 62- 55 198 19!) 200 200 20O 120 46 1-124 190 3. 3 a 4 4 4 4 4 6 6 7 5. 5. 5 6 7 5.- 7 r 3. 3 4 4 4-5 6 6 7 7 6. 10 9 11 10 10 11 IS- IS 13: Vaiik.. JO, 18(j . . . 52 62- 65 198 191) D,8ul)-Hec.4 2(10 200 20O 120 46 111-124 190 3. 3 a. 4 4- icfcs 4 4 4 ft n holding 6 7 6. >urt9 5, 5 iowiis .... 6 7 ft 5 )f deputy, 7 7 3. 3 4 4 ncil 4-5 6 6 7 piity.... 7 6; 'y jutlge, 10 9 ants 11 10 ...... 10 !o. 35 . . . 11 10 13- .41.... 13 •mpleted 13: OENHUAL INDEX. ' ^xxi To rtiviso taxation of oo«t», sec. 4(i, and Hulf295 qt'i' lo^have acceHH f. acuounts of Hnen and Huitor«' nioneys', 'sec. To 1)0 furnisliod witli ucVount of," hco.' 48 ll' JTlO m.fecc''?ir"'*''''' *" ''"''"*^ "'"^ «ood'co«Hcience; '' I.";:;'::* t kEdjr :'7f "' "'-''^^ ^'*"""«'' ^""^-^ ^- Z May 8ue or be mie.l in adjoining county,'8ec. 'io'. '.;.■; it May order snhstitntional .service, sec. 100 04 Where judge oertitieH partnership transaction,' boo." W. ." .' ! ' 30 May add parties, sec. 108 !;!, lul T}"' .''^*.*'""^"* "f """"■« "f partners,' sulVsec. '4 .' ." .' . ' 37 May set a8.de jndgn.ent l.y defanlt, suh-see. 3, sec. 109 37-38 May order snee.ly judgment. 8eo. 111.. . ' ' ' ol 0,, May 8U8pen,l e.xecntio« and order payment into" ooirt," ;ub. BLc. t, sec. Ill „ otl.er'fn^^'f ^*'"J""*v*«''"'l* °"'«' "<»«fe"<»ant and "allow" "an- other to defend, sub-sec. 5 qo ^n May grant leave to .lefend unconditionally; sub-sec " C 39 40 To summarily .Hsposo of cause,' or'non-suit "plaintiflF. "sec"." iii 40-41 I Z\ ^«••«T<'»^""^ t« ■'PPe'il in his minutes, sec. 116 If Incasodefendantdoet'notappear, sec. 117. 49 Discretion of ' *^ May adjourn hearing, "sec 1 18. jt May postpone or adjourn, sec. 119 2.0 May issue order for commission, sec. 135 as !« May prevent agent from acting at the hearing,' aoc." "l"2"l 40 May postpone judgment, sec. 144 ^Z paid"^?! .*""^ ^'"^ proportions in which judg"ment "is "to" be May grant new trial, sec. 145 f? May give judgment on application" for, 'sec! "l^'o 4a Alay postpone execution, sec. 147 It Appeal from decision of, sec. 148 tn May ^rant stay on appeal, sec. 149 7^ Security as he may direct, sub-sec. ( l')'. fjc "XT„',,i,r:'a ',:onr" '" °"'''' "■'~"^'^' <- Z Causes for hearing by, sec. iftft ?l May call iaf<% sec. 167 ^' May set aside award, sec. 203 I Authority as to costs, sec. 207 ^Jz ZtslToZt tr.^'""- ^-'«'^-wan"t"of "jurisdiction; ''"' May allow counsel fee, sec 208 ^^ 'fit p:ss:i«i.n:ei?i™''-"«- i May adjudicate upon complaints .SZ:.^lJ.:: ' «;V " ' ?i OENEHAL INUKX. XXXU Ju.o«. ^--- ;I-y I..r-Cau.e« to.be .t .lown oa separate Jury Imt to be first disposed of sec! 166.'.'. '.'.' '.'.'.■.',■, r? JUDOMBNT— Meaning of To have the same force an.i "effect ' as 'in " couris of •rec'o'rd; rwk\™b"''^ ""* P"!''' pursuant" to order! aec! '212 7I Uerk to keep record of, sec. 45. . «• -'^ 74 To register same, sec. 46 «hall be in full discbarge foi^ the 'bala'uce'of' an account 's'ec'-H Agams clerks and baififfs, how enforced sec 89 ' Against one o several partners or joint debtors sec ' 106 ' ' BaihflF may seize prope ty of firm ."I'^'^s, set. joo 107.. . P^I't; ty ot hrm on certificate of ju.lge, sec. Entering in proceedings' by' special summons:.'. '.:'"; P.\at. 67 191 16 16 33 30 37 38 38 a.wt\;Syr1\V"'^"^'^'^'"^ -^- '»« 38 /'„..i;,... i . 11-^ ■ : 39 38-39 40 40-41 41-49 42 Caution to clerks on entering May be entered by consent on w'ithdmwal'of'defen'cV Veo'ii'i At trial to begiven by judge, sec. 114 "«'«"ce, sec.U.l When subject to appeal, sec. 1 16, 148 . .' ". Wlien deft, does not appear, sec. 117 May l,e given instauter or postponed.'secV 144 a, Lxe^nition on not to be postponed "for' more'ih'an So'days.'sec. When mmiey not paid pursuant to ' order,' sec' 2)2 tl se^c H^"""" "" ';'W^|^"f *•»" ^"'- ^^^' trials and on 'appeals; ^ In garnishee proceedings against c'.ruoratiorV summ'o'ns 'shkii *^ VVliere primary creditor s claim not a," se^' ■l'85 '.'. In the event of the garnishee being a bodvcorDorkte In garnishee j)roceedings, sec. 187 """^ '^'^^porate ^^^^^^hl^rsi^S""'" "'' --^— 1»™ withproof onrs^^a:;^ ^^^^ ^-' -°- '^'^^^ •■••■•■.•.• v.: ii 71 74 74 77 79 19 64 65 65 66 66-67 69 f arbitrator, sec. 202, Costs in actions on, see. 210. . Not to be set aside for matter'of form', 'sec. 211 Iranscript of, sec. 217 Revival of, sec. 219, R. 139 ] Where excess over flOO abandoned. sec. 255, and Rule 7 . Sorfudgtvs'siLs^'^"^^* '^'"*^' «^°- ''' 94 ^/otltfoHlrifr^ ^"'^"^"^ "^* entered,'sec.' 1 io! .' ! .' .' ' H QQ Judgment Debtor— Examination of, sec. 235 00 summons may issue for °** May take place at hearing,' sec' 246 " " «a Judgment debtor's book ?2 17 Paob. a Heparate fi7 67 •• 191 )t record, 1 74 16 16 lit, sec. 78 33 35 u. 1 ()(>.. . 37 ulge, sec. . . 38 38 109 38 39 38-39 S sec. 11 3 40 40-41 41-49 42 47 144.... 47 121 sec. 145 48 48 ays, sec. 49 74 appeals, 48 ns shall eec. 182 64 65 65 60 66-67 th proof 69 69 71 74 74 77 79 le7... 19 94 76 ' as 39 88 88 90 17 GENERAL INDEX. JiDUMBNTDKBTOR-Constahies to execute warrant, sec 243 How discharge from custody may bo ohtainu.l, sec. '244" ' (Vr !«I.'± ■l^'"''"","'"^ '""''"'' J"''K° "'": «''•'*'«"'«. «ec. 246, Ann, T\ "]""' "' '", ""*'' "f J"'lgment summons Judgment Summo.v.s— AfHdavit for, sec. 235 .Shall he served personally Examination of witnesses, sec 236 Place of, sec. 237 Costs of, sec. 238 ... ^""sS. 2^!""!^.'""' '"^'^'"^••Se'i not to be again snmmone.i; Exception Conse(.nences of neglect'or refusal to attend,' sec." 241 Garnishee may he oxamined as Only cases in which debtor may be con.mitted; cec! ■24 1 Commitment, sec. 242. . •'•*'.. Costs may bo allowed debtor" in "certai'n eases, "sec". "24! Mav or.ler payment of whole debt or by instalments 8'(.c""40 Judge may alter or modify, sec. 245 IXbt not to be extinguished by imprisonment," sec. 247 ' Judicial DisxHUTH-Alteration, etc., of limits. . Ju msDiCTio.N— Where courts have ... Where they have not (AVe courts).'. " ' ' Account beyond When action is tried in another court.*. •Jdroks— W ho may be, sec. 157 How selected, sec. 158 ....'..'..] ' Costs of summoning Voters' lists to show por8"o'n8' qimiilie'd '. Clerk of municipality to furnish copy, sec' " 159 Summoning jurors, sec. 160.... Service of Fee for summoning [ Parties entitled to chaile"ng'e,'aec.'l'6i Penalty for disobBvi.i.r =„,.,«,«„„ ~__ lalty for disobeying summons,' sec. 162 sTri6r."°*.'r.'.".'^'*.^''""' '"'''^"^ in"courts 'of record; Exemption from serving ^'■rf!!lvw-:'g''^'»«\"^j»»»"p'a'rci;;k'fo^^ XXXIU I'Allli. 90 89 90 90 31 88 88 88 88 88 88 88 89 67 89 89 89 89 90 91 2-3 33 33 55 55 52-53 55 55 ."56 56 56 122 56 56 sec. sec. 165. voters' list SeDa,^t'!^tf«fjV' munidpai 'ci^r'k 'f^r 'br'each of 'duty,' oepatdte lists to be made out, sec. 166 Judge's, jury list Five jurors to be empanelle'd, 'sec". 167 Judge may call tales Verdict shall be unanimous sef. Tef '"'^''^'''y t« ^^ empandled toi;y'disp'u't;d'iact; SS^'KS.r^''!': '*^ '^^^ ^'^^^'"^ *^^" -"- Conditions entithng to, sec 17^ t? S tr^'^^:'''''^ iry •q;;;tion ;,f' iaw an;i 56 57 57 57 57 57 57 58 58 58 58 60 60 62 XXXIV GKNKH.VL, ISDKX, Jvnons—{ Confinm Bailiflfs v. ..".'.■■■.■;.■. {if Limits of courts '.......'..'.'.','. ' ifli LANARK—Courts and clerks in loo Bailiffs ,'■;;;; jj* Limits of courts '■....".'.'... " " \tn Leeds and Grknville— Clerks and courts in 1 q.> Bailiffs ■ J^- Liniits of divisions 16'> Lennox AND ADDiNOTON—Courts and cierks in i-w Bailiffs I^.-; Limits of divisions ......'...". i«4 Land--No jurisdiction in action for recovery of 2 I^VNDLORD— (5ee Interpleader) (Replevin) . ono Meaning of, sec. 268 oftq Meaning nf " agent " sec (2) ' ^[^n Claims of, how to be adjusted, see. 269 . Zm Claims for rent, sec. 270 oqq How bailiff is to proceed, sec. 271.. Zno Goods liable to distress . X^ Fees of bailiff', sec. 272 ] ". ^i If replevin made, sec. 273 2(n When claim is to be first paid, sec. 274 .!..!....'!." .'.". .'.'..'. 204-5 Lkoal Holidays— Courts cannot be held on 7 Clerk may adjourn over 7 LiBN—Of^ bailiff for fees, sec. 56 (a) yj Solicitor's, for costs. 292 QKNKKAIi INDEX. XXXV Paoi. 33 i^2 53 52 54-5.5 58 00 60 (iO 31 3ted to, 3 jc, 250 197-285 285 28G ....... n 94 181 141 160 132 141 161 132 141 162 132 142 162 132 . ... 142 164 2 202 203 203 203 203 203 203 203 203 204-5 7 7 71 292 T.iEUTENANr-OovKRNDR- Apjiroval of reiiuireil for clurk's officfs in sttino (livisidii in eitioa, sec. 9 5 May icjjulati) holding of court* in certain cases, avi, 12. , . 4 May 08ts may be paid out of . :, Notice of. ... . ^ Account of by clerk, sees. 46^ 47V48,' 49.' .... ". I6.07 Notice of 07 Money OoLLECTED-Punishment for wrongfully withholding, 'sec. oO 92. To be returned by bailiff, sec. 104 ..... . 28 Clerk to mail notice of payment, sec. 294 " qq Lnclaimed, how disposed of '.'.".'.".'.'.".'.'. "." 93. M-,»imvsMS!WipkmMm«^. . '> XXXVl GENKUAL INDKX. Money Drmand— Action on *" ^ MoRTOAOK—Iutorest of niortt,'agor in goods liable to seizure, sec. 227 81-8'^ fsuch sale conveys interest to purchasers 82 MuNiciPAUTiiw- Kequired to provide court accommodation," sec. 10 5 Aliiat not be in connection with a hotel or tavern 5 I'ailing to do so, judge may hold court in any suitable place, sub-sec. ('2) ' - Must pay ))arty furnishing accommodation $5 "per day! 5 Judge to apportion cost between municipalities, sub-sec. (3) G Ji.stablishmentof court on petition of, sec. 14 4.5 Duties of clerk of, sees. 15^ N. Nbolioknoe— Of bailififs, sec. 279 c)q Action against for, sec. 280 ..'.!!!!'."..".'!.'......"....'.. 93 Judgment and oxeculion in such case, see! 281 V..V '. 94 Nrt Incomk— Of clerks— what is ', " ' "jjq New TiUAL-On applicalion for '....... 4$ Judgment on application for and on appeals, sec. 14g! '.'.'.'.' 48 hxcept in (■ svherc new trial granted, execution not to be postpone. 1 more than 50 days 48 Appeals licb, sec. 148 .'.'.'.".'!! '.'.'.".'.'..'. 48-49 NirissiNo— Courts and clerks in . , . . 1 00 Pf^iiifl^ :::..:::::::::::::/: \S Limits of divisions j^-o Non-Resii)knt.s— Summons against 22 Actions against •••••■........... S6 Nonsuit— Judge may nonsuit pltir., sec. 114 40 Plaintiff may insist on— before verdict in jury cases, sec." i 14 41 And before judgment pronounced in other cases, sec. 114.. . 41 Not Guiltv— Deft, may plead , gy Norfolk— Courts and clerks in '. iq« Bailiffs '.'.'.".'.'.'.". .'.".".'..'." .' .' ■■•;••• Jljg Limits and divisions 168 NoRTHUMBERLANi) AND Durham— Courts and clerks in n*? BaihlFs . ■ • • • _ '.'.'.', , ?*^ Limits of divisions. . . ......' ' * iKQ Notary J'uhlic— Affidavit may be sworn before, see. 143 .'. 47 Notices— Must be in writing . . 05 Of appointment of deputy judge, sec. 2.s! ..'.'...'... 7 When action transferred or entered in wrong divisionVsec. 87 34 Required under, sec. 113 («) , 40 Of tender and payment into court, sec. 123 42-43 Notice of payment to pltff., sec. 126 43 Notice of withdrawal of defence, sec. 113....... 40 Clerk required to give all notices of which pltff! ' should be informed, sec. 1 13 (a) ,_ ^q And notice shoAving time and place of sittings of court "in all cases ° 4,j OKNEKAL INDEX. xxxvu I'AUK Notices — (Cmt'mued). Set off, notice of to be given by deft., sec. 128 ±x Remuriiig jury, sees. 155-156 Ijj Right of persons thereto in proceedings atfecting their inter- ests, sees. 18'J Fees for •183. Notes of Alterations in, sec. 13 NUMBEKING ov Phockss- Particulars of claim't,. benumbere.l.'sec'oi bunimons to boar iiumbur of claim, sec. 94 64-(J5 121 193 78 96 3 3 Notice of Action Of return of nulla bona, sec. 218 To be given to parties acting in pursuance of Act,' sec "90 " Notice of Alteration of Divisions- Notice and proclamation at sessions of the peace, sec. 13 and 14. Judge shall cause sheriff, warden and inspector to'benetifieii sub-sec. '2, sec. 13 Public notice must be given and prociamation made'iu'ouen court "i'tii No resolution or order can be made without, sec. i 9 y Notice of dlsputinu OLAiM-When to be entered, sec. 109 -jw When leave to dispute is given, sec. 112... • -^^ Of withdrawal of defence, sec. 113 . . Payment into court operates as, sec. 123! Notice disi-utino JiJiusuicTiON-Whero jurisdictiondisputed by garnishee, sec. 176 f"i.cii uy Notice of motion- For speedy judgment, sec. 111..!!... NOTICB OF sale— Of goods under execution, sec. 232 Of sale of perisliable goods, sec. 263 '.'.'.'. 107 F EviDKNOK-To be taken in writing in appealable cases! see. Notes of judge's charge to be filed 'with evidence,' sec' m ' ' Not GuiLTY-Plea of, in actions against clerk and bailiff, sees. 287, Effect of, sec. 291 •■............'.'..'. Nulla Bona— Return of, sec. 223 Notice to be given by clerk, sec. 218. . nl Numbering of CotiRTs-In counties, cities and towns,' sec. 5 q 35 35 39 40 43 61 39 83 41 51 9G 97 O.VTH — Meaning of Verifying returns, sec. 68 ...'.'."." .' Administered to witnes and persons i'u 'co'u'rt,' 'sec.' 'I'sS Penalty for refusal to be sworn, etc., sec. 133 Commissioner to administer, see. 138 190 31 45 45 .... , 7 ..= ui.., out. l.JCJ AO Arbitrator may administer, sec. 204 t^ On examination of judgment debtor,' sec' 236 '.'.'.'.'.'.'.'.'.'.'.'.'.'. 88 Offences ANuPK.vALTiKs-Contempt of court, sec. 275 01 Kesistmg ami assaulting officers, sec. 2y() of Misconduct of clerks and bailiffs, sec "77 Extortion, sec. 278 • - < • Negligence, sec. 279 ......'!',..."." How penalties enforced, sec. 282, 283. ... . 91 92 92 93 94 XXXVlll GENERAL INDEX. ;j ■•■! 1 |l 'i^ 62 ■OtFicERS OF Court— (.See clerks and bailiffs) For every court Where actions are brought against '.'...... May be compelled to give evidence before inspector, sec. Protection of, sec. 285 Demand of perusal and copy of warrant to bemade on before action against, sec. 285 Bailiff entitled to v«rdict on production of warrant, sec. 286 Not to be a trespasser on account of any irregularity, sec. 289 Action against shall be commenced within 6 months, sec 290 Tender of amends, etc., sec. 291 .', Pltlf. not to have costs against where verdict not over SIO sec. 292 ' Payment may be made into court with coats, sec. 125! . .. . Flea of tender and payment into court, sec. 122. ......... Bailiffs executive officers Act respecting public ........... Officks— Of clerks in cities where two courts in same division, sec. 9 Ontario — Courts and clerks Bailiffs '.'"..'.'.'..'..'.'.'.". ..'.". Limits of division .... ' ' Order — Meaning of Orders of Court— Clerk to keep record of, sec. 45 To be registered by, set INTO CovET-Of bailiff's fee's in case of dispute. sec.'56a; Witli plea of tender, sees. 122-125. Operates as notice of defence, sec. J 26 Of judgiflent may be ordered, sec. Mo..........','.'.'. Peel — Courts and clerks in Bailiffs !.".'.!!.'.'.'.'.'".'.'.'.'.■ Limits of divisions ] Penalties— r^'ee O fences and Penalties. J Penalties AND FoRFRiTUREs-Powers of court to grant relief from, SGCt /o. t..,. Perishable Property— What is, sec. 263. !! Disposal of Per,son— Meaning of Personal AcTioNS-Where the sum does not exceed'«60 Causes subject of, sec. 70 Perth— Courts and clerks in . Bailiffs V.V.'.V.V. .'.' Limits of divisions '. PETERBORoutiH— Courts aud clerks in Bailiffs ' ■ Limits of divisions [ Pktitioker— Meaning of _ ' ' ' Plaintiff— Meaning of Plea of not Guilty- When defendant may so plead Pleadings— Trial to take place witliout, sec. 114 Postage and RKoisTRATioN-Of papers, notices, etc.Vto be "costs' ullc CtlllSG , ^ CUrut I'T'f ""■• ?''*.* *° j;"''^^' «**°^P« *o be enclosed: '.:'.' Clerks to be furnished with to answer Of papers required to be served out of division Clerk entitled to, with his fees Post Office ADDREss-Of sureties to be given inspector, sec. 64 Po..TPONEMENT^oF J.oo.ENT-May be nuide, sec. 144 and 57 vict.". In jury case, sec. 119 In garnishee proceedings, sec. 198 Powers of Court-To grant relief or redress Jhe righfc to grant injunction for disobedience! P» ^.r,;'' " ""^^ ^^ *"'^ ^^ ^"" juris.liction, 'sec'. 80 ' " PRACTICE-Of High Court may be followed in «nprovid;d cases, Prkscoit AND RirssHLL-Courts aud clerks in! Bailiffs Limits of divisions Prince EowARD-Courts and clerks in Bailiffs Limits of divisions XXXIX Page. 2 48 74 77 28 42-43 43 48 134 144 171 in sec. 32 197 197 187 2 32-33 1.34 144 172 134 144 173 190 190 97 40-41 100 100 100 101 101 11 47 42 70 32 32 33 1C3 135 145 173 135 145 174 xl GENERAL INDEX. Privilegk— No privilege to exempt from jurisdiction of the court. . Process— Meaning of Of the court, sec. 6 Disposal of on separation of counties, sec. 18 . '. '. . ....... Duties of clerk in respect to, sec. 44 Nature of, summonses, etc ..........'. If bailiff neglects to return, sec. 57 First, how called .... ' ' How served or executed in absence of bailiff, or at a distance sec. 103 ' Defe(?t in, not to render levy unlawful, sec. 289 ........'..'. Proceduke Book— Clerk to sign his name on every jjage, sec. 45 Entries from and certilied copies of to be received in evidence sec. 45 ' Process Book— Of bailifif Proceedings— Transfer of when entered in wrong court, sec. 87. . Not to be set aside for matter of form, sec. 211 Production of Do(;uments— May be compelled, sees. 131, 132, 133.". Prohibition- Will be granted when cause of action divided, sec. 77 Promissory Note — Action on In an action upon must be filed before judgment, sec 94 sub-sec. 2 ' ' Province— Where debt made payable out of Provisional Judicial Districts— Alterations in divisions, sec. 13.. Holding courts in Stipendiary magistrate or judge '.'.'......'. Public Officers— Act respecting security of, sec. ,35 Provisions of to apply to Division Court officers, -c. 42 Protection of, sec. 285 '' ' R Kainy IIiver— Courts and clerks in Bailiffs '..'..'.'.','.".*."'.'.'.'.',!" Limits of divisions Railway Company— Meaning of agent of Agent of on whom summons may be served, sec. 101(a)! ! . , Record — Division courts not courts of Relief— Courts have full power to grant in /same manner as High Courts, sec. 73 No relief exceeding jurisdiction Removal of Action— By certiorari, 57 Vic, Cap. 23, sec. 16 Renfrew— Courts and clerks in Bailiffs .'.".'.'.'.'.'.'.".'.'.',' .".' ' .' Limits of divisions [ Rent- Landlord's claim for, sec. 26S Replevin— Action in Jurisdiction in, sec. 72 No other cause of action shall be joined in summons When jury may be required, sec. 154 Under landlord's claim, sec. 273 . Summons in Paok. 32 191 7 . a 20 20 27 20 10 96 16 16 17 34 74 45 33 2 19 34 3 4 4 14 14 95- 135 145 175 191 25. I Particulars of property must be specified. Fees in 32 32 33 135 145 176 203 2 23 23 23 23 23 23 120 oeveral index. xli ReTurne-To be made by clerks and bailiffs RET[JKN--)f process -neglect of bailiff, sec. 57 "" " By bailiff of foreign division, sec. 104 Of executions, sec. 220 If nulla bona, sec. 22.{ . . . . ' " ' Of emoluments, etc., sec. OS.".'. oo Of jury fund, sec. 170 ^' Requkst.s, Court of Revised 11ule.s Revision of Taxation-Ju Jge to revise Revivin'o Jui,.,MEKTa_In case of tlie death 'o^ partyVsec.'219 See index to at end of vol. S. hALARY— When garnishable, sec. 174. Sale op Go^o^DS-Proceedings on sale of "goods under exeeution; sec'. Sice oS.'"' "°"'^ ^iglitilaysaVter seizure, sec. 233. Officers not to purchase at, sec. 234 Seals— Every court to have, sec. 6 Process to be sealed or stamped lo be paid for out of consolidate c. 47, 8. 6 Application for to be made to' i'nspecti Securitv CovEXANT-Meaning of . . SECURiTY-Clerks and bailiffs to give, sec! Vs consolidated revenue fund, K.S.O.'lSS?,' or. To hp S'^'^k"'}* f ^d 'vpproves under his hand, sec'ss; ' ' io be hied with clerk of the peace, sec. 36 *=<-• ^<>- ■ Procedure when surety discontinues, sec. 41 ^ r Sr%°J ^''^ »-««Pecting public officers to apply' sec 4^ Liability of former sureties, sec. 43 ^^ ^' 'ZSlt ^lo'"' .*^ "!'. ^"^"^ ""*^' ^f^-""-ve-nt Duties of inspector as to covenant," .sec.' fil CerSr"f *;•,•'' given inspector as to, sec.'.U.' ." ." " Certificate of blmg to be produced to inspector sec (it; " ' Security from primary creditor, sec. [9« in replevin (See replevin) In garnishee proceedings (Seei,arni,hm.ent).\ [ In attachment {See abwondimj debtor) On release of goods, sej. 259. . On sale of perishable goods, sec. 264 " " ' ' ' ' In appeal (See appeal).. . . How given, see. 149 Securities for money (Seii 'execution) '. Seizure {See execution) .. Paok. 31-32 27 35 79 78 30-31 31-59 59 31 1 187 241 79 46 61 83 84 84 84 7 7 7 7 191 II II II 12 13 12 13 14 14 11 14 15 12 70 23 64 285 65 197 50 5v )clu GENEftAL iNbE}:. Separation OF Counties -Proceedings for settling limits, etc lo be continued as judge shall direct After separation Duty of county board Service— Bailiffs to serve all process, sec. 51 Not bound to make out of division, sec! 51 Of writ of replevin {See replevin) ',' , Of summons where suit brought into court nearest deft's residence, sec. 82 Of order changing place of trial, sees. 8G-87. . . Of summons forwarded from other division, sec. 92 Of summons, when to be 10 days and when 15 days before return, sees. 96-97 When personal, sec. 99 When claim does not exceed $15 Of subptena, sees. 131, 132 .'. Of notice of motion for speedy ju(igment! sec. ill. Of attaching order, sec. 179 On j,'arnishee after judgment, sec. ) S.'j . . . '. .. On garnishee before judgnient, sec. 185 .... . • • • • Where garnishee a foreign corporation, sees, i 85- 186 Of judgment summons, sec. 235 (amended hy 57 Vict , chau 23, sec. 15) ^' Of process in attachment, sec. 2GL ! ! . ... ............. Judgment, iu default of appearance on personal service^ sec. StihstiUaional—SNhon order will be granted for, sec. 100 On Foreign CorporatiGn—M&y be on agent, sec. 101 When deft, resides out of province, 57 Vict., chap. 2.isec]i2 Of process, where there is no bailiff, sec. lO.S When required to be served out of division, sec. 0)3. '. '. '. '..' '. AJulavits of— To be prepared by clerk, sec. 105 lo be annexed to or endorsed on summons, sec. io5 Of partners, sec. 108-109 Parties to appoint agent for, see. 150 . . ... Of summons on jurors, sec. 160 ,. Set Off— What it signilies, sec. 128 Notice of, sec. 128 Evidence of, sec. 129 . . If it exceeds amount due pltfF. , sec. 1 30 !...... When greater than jurisdiction, sec. 130. ! . . '. ". {See defence) Fee on entering defence of Settino Aside Proceedings- Judge may set aside judgment, sec. 109, sub-sec. (3) ' Judge may set aside award of" arbitrators, sec. 203 ...... Setting OFF Judgments— Cross judgments may beset off, sec. 213 '. Sheriff— To be a member of county board for altering limits, sec. 13 VVlien nulla bona returned, sec. 223, sub-sec 3 Execution against lands to (amendment 57 Vict." chan '^s' see. 8 and sub-sees. 2, 3, 4, 5 . Where writ filed with him under Creditor's "Relief " Act sec! 212 (a) ^^f.wM® ^^^^^ possession of goods seized 'by i3ail"iff; sec." ^tJi {b) Paok. 8 8 8 8 V 27 27 23 34 34 35 24 26 26 44 39 63 65 65 66 88 285 24 24 25 25 10 10 24 24 38 50 56 44 41 44 44 44 120 38 72 76 3 78 80 75 75 I'AOK. 8 8 S 8 27 27 23 34 34 35 24 26 26 44 39 63 (55 65 66 sec. 77. GENERAL INDEX. SiMCOE— Clerks and courts in i. Hailiffs '.'.'"..'.".' Linjits of di visions .SoLum-OK— May appear for parties, sec. 120 Judge may exclude, sec. 121 Lien for costs SpEoiAL SUMMON.S— When issued Si'EEDY Judgment— Requirements for Spliitincj DEMANDs-Causes ©faction not to be divided, Statute ■■ Limitations— Application of Notice of defence, sec. 128 ". ". Staying PRocEEDiNGs-Upon applioationfoV new trial On plea of tender of payment into court, sec. 123 Of execution, aec. 147 Of appeal, sec. 149 On issue of transcript, sec. 217 In action of replevin, sec. 265 .....' Stormont, Dunuas and GLENOARRY-Courts and clerks "in rsailiirs Limits and divisions . , ......'..... SuEP(ENA— Parties may obtain from clerk, sec.'l2i Services of, sec 132 Witness fees, sec. 134 Of attaching order, sec. 179 Suitors' MoNEV-Clerk to keep account of sec. 46 ' sei^^'48*'°°""* *° ^^ furnished to jud^e' when"r'equir;d: List of unclaimed in court, sec. 49 Collected by bailiff on process issuedout'of divisian, sec. io4 Olerk to mail notice of, sec. 294 Summons— Where case is settled before issue of. Clerk to issue and keep record of, sees. Keniains in force Ordinary and 8j)eciai Alias, pluries How issued Notices and warnings thereon Where suit under 229th sec Where under 83rd sec '.". Where " concurrent " how marked • In actions for flooding lands Naturp'I^'/f °^ "°f '"" "' *" changing' piace of trial, 'sec. 98. I^atuie and form of process. Rules 8-15 Garnishee for wages Against non-residents CopiPfi nf , Where special instead of ordinary'and the now long m force , Interpleader summons .....','. In replevin Where summons under sec. isi When returnable 44-5. reverse . xliii Paor. 135 145 177 42 42 292 20 39 32 297 44 48 43 49 50 77 23 136 146 180 44 45 44-45 63 64 16 16 32 98 97 120 20 22 20 20 20 20-1 20 20-1 21 21 21 22 22 22 21 22 22 23 23-4 24 24 ^.. xli^ GENERAL INDEX. Agiiiimt u corporation How Bcrvciil upon iioii-r(iHi(l('iit8 Affidavit of aervicu out of tliu provinuo ' StM-yice iiftijr liipHi; of time \Vrit, liow roucwud _ Srrnirc «/ -Duty of baililF to sorve On garnishee Where claim over or under $15. ......] Bailiffs not bound to travel ])eyond limits'of their' division' " Cannot ciiarge mileage beyond limita of county Upon service, bailiffs duty His duty when not served If return not made within days of, baiiiff' iose's" fee's When not served in time to make notices and warnings available * On fiarnUiment of Mrtfircs— Memorandum to be ondoraed on" see. 1/7 ' On garnishee after judgment, sec. 181.'. On^ corporation whose head office is not in the'pi'o'vi'n'c'e', 'sec. Mode of service, sec. 1 8,3 To garnishee before judgment, sec. 185. .! ! Service, sec. 18(). Service on garnishee to bind dei)t, sec. 189 Adverse claims, icc. 197 ' '. SivsPENsioN OK Okficek- -By the ji dge Notice thereof to ti)( IVovincial Secretary" ............ SURKTIKS-Responsibilityof for deputies of clerks and bailiffs, sec. 32, Covenant available, sec. .37 . . . .' .' ,' ... ... . , .'.'. Inspector to be informed of new Certified cojjies to be received in evidence. . . . In actions against sureties, sec. 39 !..!.. I'roceedings on death, withdrawal, etc., sec." 40 uhere sureties discontinue, sec. 41 Liability of former, sec. 43 ...'..... Officers to inform inspector of names of, sec. 65 Aji> Limits of divisions. j'**' Time, Computation OF-Monih,' one calendarmonthVsecs: 24', 40." ' " ' 'J Days, within so many, sees. 64, 86. 109, etc . . '14 -^s ToRONTo--Courts in ** '*^ Sittings of _' 5 THA';7nt°p!""' 1' '''*^'" '=°'"P«t«""<^y ofyurisdictio„{^;;inWfc;^o») ^ iJiANscRiPT OF Judgment— Fees on Where transcript can and cannot issue '.'.'.'.'.'. , 90^? How prepared ' ^^'^ Enforcing, sec. 89. ^^* Against clerks and bailiffs,' sec." 89 ^5 cr'edirrf^ea 2T7' *:!"!™:".!^ "^ appiication of judgment Proceedings, sec. 218 '''^ "^ Ca^S! s^c^sV^"'".''"'' ''''*'"«" *°' '••■^P'^-'^'^" i^ySVic.; '' To be directed to sheriff ,„.^^ Trial— Proceedings at '^^"^ I^^tlefendant does not appear! .' " ^:' Should summons not be personally served i. Judge may adjourn ] ] . . . "*? Who may appear. . . Sf^j^e^r'^^:^^.^:'"""*^^'-^^"^ ^2 If appeal 41 By jury, sees.' V64/l55," iseV.'.". *l % jury, sees. 166-7 "^ Postponement of, sees. 1 IS-lig ' ^' Tort— Action for '*2 Trover— Action of, sec. 70 ^® 2 U Unclaimed Moneys— List of... Disposal of, sec. 295 23 98 xlvi OENKUAL INDEX. ihl V. Vacancikh in OKKifE.s-\Vliun they occur ''*","", Vknuk - When Huit l.rougl.t in wrong court, sec. 87 " " " -u ( 'liaiiging phiee of trial, sous. 82. 83, 84, 8.') -u lu actions against clcrka and hailitfs, sec. 88 'is May be changed by consent, sec. 91 .' .' '^r^ VKBLit-r-May be given by judge instantor, or postp.inod,' sec' 1 44^ '. V? Or sent to clerk;8 of Hce, 57 Vic. , Cap. 2:i, sec 4 47 mat ) ^ matter of form, sec. 211. (See judg- Victoria CouNTy—(;ierk8 and courts in ,qp Bailiffs j^'j Limits of divisions ...........' \q, lot w Waors— Infant may recover for, sec. 76 . okk Or salary, when garnishahlo, sees." 174-5". '. .' gj Wakdkn -Member of board for altering divisions 3 VVarnings-No fee for additional on summons ion Warrants— f'&e Execution). To be issued by clerk, sec. 46 . . «« To be executed by bailiflf, sec. 51. oV (^f commitment, sec. 242 fo Of attachment, sec. 249 '.'. ^ Of commitment of officer for misconduct,' sec.' '277 02 i^rotectiou of persons acting under, sec. 285 . g^ Clerk or badiflF entitled to verdict on production'of, 'sec'.'m 95 Waterloo— Courts and clerks . . BailifTs ; _ ; 1'^ • • ■ . 140 181 255 .... Gl .... 3 120 .. 20 24 . . . . 89 . . . . 90 92 95 28(5 95 by . . . 90 130 . . . . 140 . . . 181 130 . . . 140 182 137 147 183 1.37 147 184 b is 2 92 25 25 44 45 45 45 . . . 45 . . 45 OKnrhal InDkx. WlTNK.S.SE.>4- f CoHhH «C(// XlVll I'AUK. Atteu.lance of, conipellal.lo before inHpector, hoc. 02 " "", « Afhdavit of service of mhi>,vnc, „„, sec. 131, 132, 133 . . !« K-xponsc's to, sec. 134. . ' ■ ' ■*■*"■*" Fees and iiiileajje {Sec larif) \Vlien (iomiuiasion to take' eviden'ee, sec Kxa„n„at,on, where witness unable to attend trial, Hec "\iii Where witness resulent in remote part of provi, ce see' * 8 Costs, where witnesses su.nnu.i.ed and eise so tied l^fl^e 135 40 45 4fi 46 40 , trial, sec. 209 ""-'" "*''•"'''' Fees to , . \ 74 YoKK— Courts and clerks in Bailiffs .■_■." 137 f^imits of divisions.... ...... '"^^ 186 -MISCELLANKOUS NOTES. Giving credit for fees... Hevision of taxation ' . ' ^88 Settlement before service. ^**** Accepting' cheques , 280 ExpenscH of court accommodation ". ^^7 Collecting interest. ... 287 Notice of alteration of iiiniVs '**7 Agent's or counsel fee 287 1 )uty of bailiff ... . 287 As to bailiff's fees ; 288 Enquiry by inspector.. 288 Injunction _■''■" 288 Commission to examine 289 As to clerks and bailiffs , 290 As to leave of absence . . 290 Obligations of sureties. 290 Process must not be delayed 2'Jl 'Service out of division 291 As to return 229 As to judgment ....'. 299 Deputy judge.. 292 •Solicitor's lien 292 Judgment over 20 years old 292 As to new clerk or bailiff 292 As to transcript 293 Astoreplevin .". 293 As to examination of' gkraishee 293-294 As to warrants of commitment 294 As to new trial 294 As to appeals 294 As to payment of clerk 295 Arbitration 295 As to County judge. ....'. 295 As to residence of judges 296 As to postage 296 As to covenants 290 Mode of making tender 290 290.297 xlviii okneual i>fr)KX. As to nionev in court Statute of limitationa ....'.",',. As to entering judgment I'ttit of claim / ' Suits of minors Splitting causes of notion As to executing writ Debt or money demand Married women Service of summons in claims for less tlian $[5.. As to executions Fieri facias ...!.*......... Poundage '.'...' ..'..'.... Powers of judge '............'..'.. Information a4 to the Division courts ilepartmont 207 . 2U7 *2!»8 21)8 2»8 298 208 200 200 200 200 299 300 300 .301-304 '^^^■■■' 207 207 208 . 298 . 208 298 208 290 200 200 209 209 300 300 301-304 PART I. DIVISION COURTS. The Division Court supi^lantcd the old Court of Kequests. as a means of collecting small debts, in 1642.— (4 and 5 Vic. cap. 53.) Amendments, embodying many changes and additions, were made from time to time, up to 1887 when, upon the consolidation and revision of the statutes, the several Division Courts Acts then in iorce were all ' -ought into one Act, revi.s.d and consolidaf Sex: ,1 ..mending Acts have also since been passed l:>N ti uuario Legislat-re, and under which the jurisdiction has been further enlarged. liivision Courts are not courts of record, but the judgments therein have the sam force and effect as ludgments of courts of record. Sec. 7. n-here JJivisJon Counts Have Jarisairtiou. Sees. 70, 71, 72, 81. The Division Courts now have jurisdiction in the tollowing cases : — I DIVISION COURTS. All personal actions, whert: the sum claimed does not exceed $60. All claims of debt account, breach of contract or covenant, or money demand, whether payable in money or otherwise, where the amount or balance claimed does not exceed $100. All claims for the recovery of a debt or money demand, the amount or balance of which does not exceed $200, and the amount is ascertained by the'^ defendant's signature. In the case of a promissory note, etc, the amount would be exclusive of interest. In all actions of replevin, in case the value of the goods or other property distrained does not exceed $60, and in case the title to land is not brought in question. IVIivre Division Courts llat'c Not ffnristlirfion.—Scc, (ifK Division Courts have not jurisdiction : — In actions for gambling debts. Actions for spirituous or malt liquors, drank in a tavern. Actions on notes of hand, given wholly or partly, in consideration of a gambling debt, or for such liquors. Actions for recovery of land, or actions in which the right or title to land is in question. Actions for any toll, custom or franchise. Actions in which the validity of any devise, bequest or limitation under any will or settlement is disputed. .TUIilSDICTION, i 3 Actions for malicious prosecution, libel, slander, criminal conversation, seduction or breach of promise.' Actions a,o:ainst a justice of the peace, for any- thing done by him in the execution of his office, if he objects thereto. Nninhcr of Courts in a Conntif, There shall not be less than three, nor more than twelve Division Courts in a county or union of counties, and there shall be at least one court in each city and county town. Sec. 4. CoHUtfj liou,tl~Ma}} Alter Limits, Etc. The county judge, the sheriff, the warden and the Division Court inspector may alter the number, limits and extent, and establish or cancel courts, upon the necessary notice being given for that purpose. Sec. .13. J'rorisiouaf JtifHritd iHstrirfs. In provisional judicial districts this power is con- ferred upon the district judge, the sheriff and the mspector. Sec. 13, sub-sec. 3. Lorafiou of CIcrh's O/prc. The Lieutenant-Governor-in-Council now appoints the place within any division in which the clerk's ofhce must be located. (57 Vic, cap. 23, sec. 9.) Heretofore the designation of the place for the clerk's office had been left to the judge. .4 DIVISION COURTS. HOLDING COURT. A court must be held in each division once in every two months, or oftener in the discretion of the judge. But if found not expedient that a court should be held so often, the sittings may be reduced upon application to the Lieutenant - Governor-in- Council. A court must, however, be held at least once in every six months. Sees. 8-12. In provisional judicial districts a court must be held once in three months, with the same discre- tionary powers. And the Lieutenant-Governor may make such further regulations as he may consider expedient for the holding of courts in districts. Sec. 13, sub-sec. 3. The provisions of law from time to time in force relating to Division Courts in counties apply to the Division Courts in territorial districts. R. S. O. c. 91, sec. 18. In those districts where stipendiary magistrates are appointed judges of Division Courts, they may appoint and from time to time alter the times and places within the divisions where the court shall be holden— subject to the approval of the Lieutenant- Governor-in-Council. Section 14 empowers the judge, upon petition of a municipal council in which no Division Court has HOLDING COURT. been already established, to establish and hold a court therein. But no business can be transacted in such court until after an order has been passed by the Lieutenant - Governor - in - Council approving thereof. ^ HitUnas awl Clerk's Office to be Within the Divisiou.- Cities EjLceptetl. The sittings of the court and the clerk's office must be within the division— except in cities where two courts have been established. Sec. 8. In such latter cities, and with the approval of the Lieutenant- Governor-in-Council, the sittings may be held in eitiior division, and both clerks may keep their offices in the same division. In the two Toronto courts, there must be at least vveekly sittings, except during the month of August ; and at least monthly sittings for hearing judgment summonses. The judges, or any two of them, of whom the senior judge must be one, may appoint additional sittings. (54 Vic, cap. 15, sec. 3.) It IS required of a municipality in which a court is held to furnish a court room and other necessary accommodation. Sec. to. This must not be in connection with a hotel or tavern. Should the municipality fail in this respect, the judge mayjiold a court in any suitable place in the division, or in another division in the county ; and the party fur- nishing the requisite accommodation shall be entitled to receive five dollars per day for every day the court is held from the municipality. Sec. 10. III THE JUDGE. In_ county towns the judge has the right to hold the sittmgs of the court in the courthouse. Sec. 1 1. A(/Jonniinrnf by Cleth. Where the judge or acting judge, from ilhiess or any other cause, does not arrive in time, or is unable to open the court on the da^ appointed, the clerk or his deputy shall, after eight o'clock in the afternoon adjourn the court by proclamation to an earlier hour on the following day, and so from day to day adjournmg over any Sunday or legal holiday until the judge arrives, or until other directions have been received from the judge. Sec, 25. Liahilitif of Jnifffe. A county judge is not answerable in an action of trespass for an erroneous judgment, or for the vyrongful act of his officer, done, not in pursuance of though under color of a judgment. But he is responsible for an act done under his command and authority, when he has jurisdiction. Trespass would I'e against a judge if he gave an order of com- mitment to the wrong gaol. Houlden v. Smith 14 Q.B., 841. I'owev.s and ntffics of Jiidife. _ Sections 21 to 25 defines the duties and powers of judges. The appointment of a junior judge for the county shall not prevent or excuse the senior judge from presiding at any of the Division Courts when required by the public interests. Sec. 21, sub-sec. ^ LKfiAL HOLDIXGS— SEALS. ' ^ Deimty Judge. In case of illness or absence of the iudge, the judge of the County Court of any other t unty may hold the court. Or the judge may appoint a barrister to act as his deputy. In the latter case notice of the appointment must be forthwith sent to the Lieu- tenant-Governor. No such appointment shall con- tinue for more than a month without a renewal of the like notice. If the Lieutenant-Governor dis- approves he may annul the appointment. Sec. 22. Lef/al Holidni/s.—Ii. S. O. r. /, .s^^. S-lfi. Courts cannot be held on legal holidays. The word holiday includes Sunday, New Year's Day, Good Friday, Easter Monday Emd Christmas Day, Dominion Day, the day appointed for the celebra- tion of the birth of the Queen and her royal successors, and any day appointed by proclamation of the Governor-General or Lieutenant-Governor as a public holiday, or for a general fast or thanks- giving-. Seals.— Set: f{. Every court shall have a seal. When an old seal is worn out, or is no longer fit for use and a new seal is required, application should be made to the in- spector. Such applications should be accompanied with an impression of the old seal. Seals are paid for out of the consolidated revenue fund. Care should be taken to have all process of the court properly stamped with the court seal. Without a seal the process would be irregular and liable to be set aside. *■ i '4 ' SEPARATION- OF COUNTIES. Sepnrnfion of Counties. For regulation of proceedings and settling li„,its on the separation of counties see sections 15, ,6, ,7, Proceedings to be continued as jud^e shall direct sh.!n^:'der' '''"^^ " ''''^'' ^p ^^^^-^ - J"^^- After separation, proceedings in certain cases to De continued m senior county. County Board shall, within three months after proclamation, appoint number and limits of divisions Clerk of the reaee.-Sec. 20. It is the duty of the clerk of the peace to keep a record of the divisions declared and appointed, and the times and places of holding the courts, and also ol the alterations made from time to time. Officers of Courts.-Sec. 20. For every court there must be a clerk and bailiff I hey are appointed by the Lieutenant-Governor-in- C ouncl and are notified from the department of the Hon. the Provincial Secretary. Where the business of any court requires the services of more than one bailiff additional officers may be appointed. Officers of the courts must be British subjects and not under twenty-one year^ of age. They cannot practice as barristers or solicitors, ^ec. 2b. But they may act as conveyancers. Every OFFICERS — DEPUTIES. 9 officer is required, within five days after iiis appoint- ment, to notify the inspector. Notice of the appoint- ment is filed in the inspector's department, from whence blanks arc forwarded to be filled up and returned, giving particulars of sureties. This should be done as soon as possible. AfitiiMta Hts— lif'p ntles. Assistants employed in the offices of clerks are not deputies, and are invested with none of the powers 'delegated to deputies. So with bailiffs' assistants. A bailiff may employ assistance in serving papers, taking care of goods, after levy, etc. But all writs of execution and attachment must be enforced by the bailiff or by his ■deputy properly appointed. (Jlerhs mid Bailiffs as Municipul Officers. Clerks are eligible for municipal office. They may also be justices of the peace. Bailiffs are disqualified by sec. yy, cap. 184, R S. O., from being elected municipal councillors. Deiraties—Leave of Absence.— Sfcs. 32, 33, 34. Leave of absence may be granted by the inspector to any clerk or bailiff for a period not exceeding two months. Officers when granted leave of absence appoint suitable deputies to act for them. The approval of the inspector must be obtained to such appointments. When suddenly prevented from acting through illness or accident, the clerk may, with the approval of the judge, appoint a deputy to act for him. 1 i t! I 10 SUBPENSJOXS — VACANCIES. neput,e-s may be removed a. ,,leasure The ofificers appointing them and their ureties tre hi: I -sponsible for the acts of their depnties! Tennrp of OfPve, All officers are appointed during pleasure. . ^''^' ^^'^'^'tenant-Governor, upon report of the -spector. n.ay disn.iss from office, for n. scon kct o mcompetency. any clerk or bailiff. Sec. 30 Susprnshm „/ o/y^rr /• 6,y ./,,,,^,,, The judge may suspend or remove a clerk or bailiff with n his rnimr,- U . c ^^ judge. .Sec .9 '■ °'' "''''°'"'"' '^y " The judge, for cause, nK,y suspen.l any clerk or ba,l,ff appontted by the Lieutenant-Governor Sec 31. sub-sec. 2. "^'- Where this power is exercised it is the dutv of th, judge forthwith to report to the Provinc al S c'r art P^vmcal Secretary of any vacancy occurring in hi.s otherwi"! The ""'"' '" "' ''"''''■'''• ^^ *'"'' - di'rCr econerrcrrr"7/°^ '"^ ^°"'"^ ^ powers of such ""'' '^^^^^'^^ ^" "^e Whei vacancies in the bailiffship occur naners n-y be gtven to a bailiff of an adjoiI,i„g d isbn the same county ; or they may be served or execute by such other bailiff or person as the judge or ct issumg the same orders. Sec. lo- "'^""'"'"^ The held C0VEVANT8 J J Bailiffs are executive officers of the court. Itof/i Ojftrcs ('(innot br Iltld bf/ One Man. Both offices of clerk and bailiff cannot be filled by the same person. f'ovcnanfs.—Sf'r. .V.T. Before a clerk or bailiff enters upon his duties the covenant of himself and sureties must be filed. Sec. 36. The covenant must be submitted to the judge for his approval. The measuring of the amount ot security to be given is altogether left with the judge, The sureties must be freeholders and residents within the county. Sec. 35. The approval of the judge must be in writing. The responsibility of the judge is "judicial." not administrative. The public are entitled to a covenant free from possible objections. The security of a guarantee company may be accepted. It is also part of the duty of the inspector to see that proper security has been given and that the sureties continue sufficient. Whenever a clerk or bailiff gives new sureties he should immediately inform the inspector of the change, giving names, postoffice address and calling of such new sureties. None of the parties to a former covenant are discharged from their liability on account of any ,i 1Q SUHETIKS— ACTIONS AfJAIN'ST. matter done or omitted bef( covenant. ore renewal of the C'evtiflvaU' of Fitiiif/ Covenant . A certificate of the fih'ng of his covenant should be obtained by the officer from the clerk of the peace, who is entitled to charge a dollar for the same. This certificate should, as soon as received, be sent to the department of the inspector for exann'nation, rom whence it is returned in due course. It should be kept by the clerk or bailiff ready to be produced when called for. Tt is the first thing asked for by the inspector when visiting an office. A duplicate of the covenant, with the certificate ot filing thereon, may be sent the inspector. Stn'f'ff/ of Guarantee Compauf/. In the case of guarantee companies or covenants requiring periodical renewal it is necessary that the renewal receipt should also be filed with the clerk of the peace, and attached to the covenant from time to time as received. For this the clerk of the peace is entitled to a fee of fifty cents. 57 Vic, cap. 23, sec I, sub-sec. 2. Blank forms of covenants may always be had upon application to the department of the inspector. Actions on Covenants. Suit may be brought upon the covenant in any court of competent jurisdiction and damages re- covered. Sec. S7- WITIIUHAWAL OF SUItKTIES. 13 A copy of tht; coveiiaiit, certified by the clerk of the peace, shall be received in all courts as sufficient evidence of the due execution and contents thereof, without further proof. Sec. 38. Inforinutiou an to Covenants. Particulars of all covenants are entered in a book kept for that purpose in the office of the inspector and may be obtained by those refjuiring the same. The entries made by clerks and bailiffs in the books re(|uired to be kept by them shall be prima facie evidence against the sureties. Renewal of t'ot-enant.—Ser. 40. On the death of a surety, or when a surety becomes insolvent or removes to another county, the clerk or bailiff shall, within one month after being notified by the judge, give anew the like security. If the officer fails to furnish the necessary new surety within the required time the judge shall suspend him and the office becomes forfeited. Sareties Desirinf/ to Wit/nliau\—See. 41. When a surety desires to withdraw from his liability the course to be pursued is to give notice in writing of his intention to the clerk or bailiff, and also to the judge. Such notice may be served per- sonally or left with some grown-up person at the office or place of residence of the person to whom it is addressed, or may be mailed, prepaid and registered, to such person. 14 TriK rVSPKCTOM. Upon receipt of notice, a new surety should be lurnished. If net given within a month after notice tc the officer and the judge, the clerk or bailiff may be suspended, and the office becomes forfeited. All accruing liability on the part of the surety giving such notice ceases after five weeks from th^ notice given. Sections 15 to 20. I,(,th inclusive, of "The Act Respecting Public Officers." apply tc, the securities of clerks and bailiffs, with the substitution of "the judge of the court- for the Lieutenant-Governor. T/if thsjHcfot:- Sf'c.s. fil. wi. Ihe Lieutenant-Governor appoints. 'i'he in spector holds office during pleasure. I lis duty is :- To make a personal inspeciion of every Division thereto''"'^ ''^ ''''' ^''''^' ''"'' ''''^''"'' belonging To see that the proper books are provided, that they are in good order and condition, that the proper entries and records are made therein, and that the court papers are properly classified and preserved. To see that the duties of the officers are efficiently performed, and that the office is at all times duly attended to by the clerk. To see that lawful fees only are taxed or allowed as costs. When directed to do so by the Lieutenant- Governor, to ascertain that proper security has been HOOKM A Nit HAHKUS TO UK IMlOOt'CKlJ. 15 given by any cU rk or bailiff, and that the sureties continue sufficient. To report upon all such m.itters as expeditiouslv as may be to the Lieutenant-Governor (or his in- formation and decision. When makinjT enquiry into the conduct of officers the inspector is clothed with |>ower to summon and enforce the attendance of the clerk or baihff. or other persons, to give evidence on oath, and to compel thttm to produce ''oruments and attend as witnesses, the same as ai ) cou.; has in civil cases. Itoo/.s ami I '(p'"i:s o ht- Print tirtil for ins/Hrfor. Clerks and bailiffs, when' \ cr required by the inspector, shall produce for his inspection, at the clerk's office, all books and documents re(]uired to be kept by them. It is also their duty to report to the hispector such matters relating to any cause or pro- ceeding as the insi)ector shall require. Sec. 03. iHspertor a Member of the lioaril of Count)/ Judf/es. The inspector is appointed a member of the Hoard of County Judges. 57 Yic, cap. 23. sec. 3. Inspector Man Pro/teeiite Parties Hofifhif/ lioohs antt Papers. He may make the declaration [)r()vided in sub- section 2 uf section 50. for the prosecution and punishment of persons wrongfully holding mone>s. books or papers belonging to the court. 1 1 1() BOOKS KEPT «V CXEKKS. JinokH of Omeet-s of Co,n-ts.-HnleH 14fi, 183. Tlie books required to be kept by the clerk are •— The procedure book and foreign procedure book, cash book, debt attachment book, clerk's fee book judgment debtor's book, order book. The two first named books may be in the respective orms contamed m schedules B and C of the Act ^7 VIC, cap. 23. In the first, or procedure book, should be entered H iiote of all process issued, and of all orders, judLr- "lents, tnmscripts received, warrants, executions and returns thereto, and of all other proceedings, in every cause and at every court. Account of Fines.-An account of all fines shall be entered by the clerk in a book to be kept by him for that purpose-which book shall be open to the Pubhc and shall at all times be accessible to the judge and i- spector. The Cash Book.-In the cash book should be entered, from day to day, an account ..f all suitors moneys paid into and out of court. In all large offices ,t should be balanced monthly, and should in no case be allowed to stand unbalanced longer than fron. quarter to cjuarter. The amount of balance should be the amount of the aggregated amount of the unreceipted items. Fee Books.-All fees and emoluments should be entered up regularly from day to day in the clerk's idie,I bi, Co,ntt!,.-r»'4 Vu., eap. 12, sec 1. Where the fees and emoluments of a clerk or bailiff are under $500 per annum, the county is obliged to supply the necessary books required bv these officers. The application' should be made to the county treasurer. A certificate of the return of fees can be obtained from the inspector's department, to hie with county treasurer, when necessary. When SupitUed hf/ Governinenf. Government supplies the necessary books to •officers m districts where the fees do not reach the ^500 limit. Application is to be made to the in- spectors department. No new books need be procured until the books now in use are filled up except those added by the new rules. Clfthit aiifl I'nrticnlai'H.—Sev. U4. The plaintiff shall enter a copy of his claim with the clerk, who thereupon shall issue summons Every claim should show the names in full and the present or last known place of abode of the parties, and must be legible and delivered to the ' clerk at his office. If the plaintiff is not acquainted with the defenda. 's full name, he mav describe him by his .surname, or by such name as he is generally known by. See Rule 3. & > SET-OFF — COUNTKR-rLAIM. 19 I he claim shall contain a statement of the parti- culars thereof, . of the facts constitutincr the cause of action, and of the sum or sums claimed in respect thereof. These particulars should be framed in ordinary and concise languao-e. In an action upon a promissory note, the note shall be filed with the clerk before judgment, unless otherwise ordered, or unless the loss of the note be shown, or that it cannot for some satisfectory reason ■ be produced. In suits brought under the provisions of the 82nd section, (when actions may be tried in the court nearest the residence of defendant), the claim shall contain a statement : — " And the plaintiff enters tliis suit and claims to have It tried and determined in this court, because the place of sitting thereof is nearest to the residence of the defendant." Where actions are brought against officers of the court and their sureties, on their covenant, the claim shall be according to form 1 8. Where the excess is abandoned, it must be done in the first instance and in the claim. But the judge may at any time, before judgment, permit such abandonment. Rule 7. Whten not furnished by plaintiff, copy of claim may be made out by the clerk, also copies of set-off or counter-claim, at the fees allowed in the tariff-to be taxed against the party ordered to pay costs. ■' 20 NATURE OF PfiOCESS. rrorcss.-Ser. 44. Itules S-ir>. It IS the duty of the clerk to issue all summonses and process, under the seal of the court, with the exception of warrants of attachment issued by justices of the peace. All blanks for dates and otherwise should be filled up. The writs should be signed by the clerk, dated the day on which the claim IS entered, and numbered to correspond with the claim. The first process is held to be the commencement of the action. For the recovery of a debt or money demand, or for tori or other personal action, it may be a summons, called "ordinary summons." In actions for the recovery of a debt, where the particulars of the plaintiff's claim are given with reasonable certainty and detail, the first process may be a sumn.ons, called "special summons." Where a/ias or plurics process becomes necessary, it shall be dated on the day on which it actually issues. , Where the plaintiff sues under the 229th section —that is on cheques, notes, etc., seized by the bailiff —the proceedings may be by "ordinary summons" 'Or - special summons." At the end of the particulars, -or in addition to the notices and warnings on the :Summons, notice shall be given, as in form 52, that the beneficial plaintiff only has power to discharge the suit, the subject matter thereof having been seized under execution. Leave may be granted to bring an action under the 83rd section— that is when an action may be SUMMONS- -REQUIREMKNTS. 21 brought in another than the regular division— on the production of a satisfactory affidavit. In the sum- mons in this case it shall be stated :— " Issued by leave of the judge." Rule 14. The leave for issuing summons shall be applied for before the judge by whom the action was tried under the order, and leave shall not be given to bring a suit in a division other than the one adjacent to the division in which the party sued resides, but the division may be in the same or an adjoining county. Where there are more defendants than one, and they are in different c:)unties, concurrent summonses may issue for service on defendants residing out of the county in which action is brought; but the costs only of summonses actually served shall be allowed on taxa- tion. Such summonses must correspond with the original and be marked "Concurrent summons." Rule 15. It is the duty of the clerk to see that process of the court is not used for improper purposes or in an illegal manner. A summons should not be issued where clearly the court has no jurisdiction. Actions for Hooding lands, under 52 Vic , ca^x i6, where the sum claimed does not exceed $20, may be commenced by ordinary summons. The notice required by section 98. as to changing place of trial, must be endorsed on the summons and signed by the clerk. At the time of .lelivery for service, copies should also be furnished with the not ces thereon requ'r: 1 by the rules. 59 ACiAINST NON-in:,.Il,ENTS-,iARNl.s„KE.s. See Rules 8 to ,5. inclusive, and the forms therein eWcM:,.s to the nature of process to be il^d and Hh . ,s required in each particular case isJ^~ '^■'''''''' ^^— >^'^^--Summons rn:. »ssue against non-residents, in cases where the \c; summonses, where the debt is Cr wasre. th» " 1 -,.,Vec, bysec. .7;, .bowing the ^Sr:^;-.': t.u. etc oW:,.,, Hm.,.y debtor,, should be at^ad!^: s ouidb stated r annexed to the sLL„ons -d - wi:.e a faauiy ^v,ll be presumed. «-/v/ m /W.,-No original suntmon.s remains in force for more than tweh-e months from d' e R . the defen,la„t shall not have been erve 1 witf "'"; '""^. plaintiff may. before the expi „ u" "vehe ntonths, a|,ply to the judge, who ,; L u |ea.^to serve the writ, notwitLtamiingthria,n of th! wri't' ?.T''" ^r''"'"°^^"''"S-'"'l ~i o. the wr, -niakmg the original available to prexent the operation of the statt.te of lintitations In case special summons is issued when ordinary sunmions would have done, or -„a- -,rT T ' -y be altered or amended by order o'd:!::,;: upon terms. Rule 26. ^^' \ IXTKUPLKADER — HEPLEVIX. 23 Interpleader .SV.///;;/^;/.. - Interpleader summons shaJJ be issued on application of the bailiff, from the court out of which process issued, or the court holden for the division in which seizure has been made, at the option of the bailiff. In actions of replevin no other cause of action shall be jonied m the summons. The action may be brought in the court for the division in which the defendants or one of the defendants resides, or carries on business, or where the goods have been destrained. Uf'ph'vin, Sec 72 gives the court jurisdiction in all actions of replevin, where the value of the goods, or other property or effects distrained, taken or detained does not exceed the sum of $60, as provided in T/w Rep/evm Act R. S. O., 1887, c 47. s 56 ; 43 V. c. ' ^' 3* Either party may have a jury. Sec. 154. If replevin in case of goods seized for rent, so much of the goods distrained shall be sold as will satisfy the warrant, and the surplus returned as in other cases of distress for rent and replevin. Summo7is hi A'.//,-jv;/.~See Rule 43 and sub- rules lor conditions upon which an order is granted for the writ. "Summons in replevin" is the first process. The description and value of the property shall be stated in the writ. Upon entering the claim, plaintiff must specify particulars of the cattle or other property distrained. ,«<»^ ,., SERVICE OP SUMMONS. and the distress or other taking or detention of Which he complains. Stiminons to aarnin/u'e. Where the summons under section i8r (providiiur thai primary creditor may sun.mon garnishee, etc ) •s issued from any court other than that in which the m.rif '.T /" ^" "^^"""^^^ J^^'g'"^'"^- - ^--'^cript must be filed previous to the issuing of summons against the garnishee. Service of SinnmoHH. Every summons shall be returnable on the eleventh cay after the day of service. In case defendant or defendants do not reside in tHe county in which the action IS brought, the summons is returnable the sixteenth day after service. Rule i6. , In case of different, separate and not joint .nterests. the summons must be served upon the defendant residing out of the county, fifteen days at least before the return day. Rule 19. Substltutioitfil Service. Where it is made to appear to the judge, upon affidavit, that reasonable efforts have been made to efiect personal service and that there is wilful evasion of service, etc., and that the defendant has an office or agent in Ontario, the judge may. by order, grant leave to serve the summons, in such manner and upon such person, for defendant, primary debtor or garnishee, as to him may seem proper ; and in the same order may direct that all further notices in the suit, up to judgment, may be served in like manner Rule 20. SERVICE UPON N0N-nESIDENT8. 25 P:very summons against a corporation, firm or inclivickial, not having its chief place of business withm the Province, or other papers in the action, may be served on the agent of such corporation, etc..' whose office or place of business, as such ao-ent \'s either within the division in which the summons issued or nearest thereto. Rule 2 1 . Copy of the writ of zmthcrnam, mentioned in Rule 55, must be served on defendant personally, or if he cannot be found, by leaving copy at his usual or last place of abode, with his wife or some other grown person, being a member of his household or an inmate of his place of abode. The copy of writ shall not be served until the bailiff has replevied the property, or some part of it, if he cannot replevy the whole. The service of summons upon non-residents may be made by the bailiff of the court out of which it issued, or by some competent person, who may, aft«.r or before the service, be approved of by the judge, or by the clerk of the court, for that purpose, but such summons shall be served at least fifteen days before the return day thereof. Affidavit of service may be sworn to before a notary in the country in which service has been made, if made out of the Province, and shall be held to be as effectual as if made by a bailiff of the court Lv^forc the clerk. Sec. 14, 57 Vic, cap. 23. If any defendant named in an original writ of summons has not been served therewith, the plaintiff may. before the expiration of the twelve months for 20 HKNKWAL-StinirK ON (iARMSHEK. Which it shall be in force, apply to the judge for eave to s.rve the writ after, and notwithstanding the lapse of, said i)eri(.d. Rule 25 The judge, if . ,^ reasonable efforts have been made to .... vv .ca defendant, or for other good reason, may order that the service shall be good if made w.thin twelve months from the date'of the order, and so Irom time to time duri.. the currency of the further period allowed, kuie 25 {a). ' IVrif, ffotv Renc^ved.-^T\.^ writ in all such cases shall 1).. renewed by being marked with the date of the duy month and year of such renewal, or to be marked by the clerk, upon delivery to him bv the Rule^' (/)' '''"""''"' ""' ''"''"'' ""^ '■^'' •'"''^'^'^ '^'■^^^•*- In such case the original writ shall be available to prevent the operation of a,n- statute of limitations. Rule 25 {c). Service on r,ar,nshce.-T\,,^_ ser^-^e of the suiu- mons on garnishee shall in all cases be inade at least ten days before the return thereof; a.id t! service on the prmiary debtor or debtors ten, or fifteen days accordmg to the places of residen e of the parties tc! be served. If the mou-t of th primar creditors chum exceeds^ $,5. the service shall be personal, unless the judge order^ otherwise- if surh claim does not exceed -jlis, the service mar be personal, or upon the wife, servant or some gV .>vn up person be.ng an mmate of the dwelli.v. house or usual place of abode, trading or dealing c h .erson reqi ed to be served. Sec. 99. ^ ;KTUKN8. .»- — 4 lUtfics of ItailiffM. To serve and execute all summons, orders, vv.irrants and writs delivered to them by the clerk for service, whether hailiffs of the court out of which the same issued or not. and as soon as served to return san^e to the clerk. Subject to the provisions of section S2, as to entering action in the nearest court— they are not required to travel beyond the limits of their division— nor can they charge mileage for any distance travelled beyond the limits of the county in which the court of which they are bailiffs is situated. Sec. 5 I. Upon a bailiff , ceiving summons for service, he should, immediately after service has been effected, mike his return, showing the mode of service- Unless such return be made within six davs after service, the bailiff will not be entitled to the fee for return and attendance and making affidavit Rule 183. Where a summons has not been served, the bailiff should, immediately after the time for serxice has s and the cxecu.ion has not bea, renewed, . e execu.,o„ must be returned-" Property on hand for want o( buyers," Rule ,85 (/,). I" this latter case, the clerk cannot renew the T7 v« „'""" ''""'^ '"""^" !"•«>=»« direct!,,., .^heba,,,ff^^^ All the money received for debt, interest, costs eTcln, T""'"^"- """,' ''^ '•'^"■'' "^-^^ '° "^<= ^l-^-k. charges have been comj)lete reports to be laid before the House. \Vh(Mi this is understood, clerks will be the better able to judge of the emergency of the case and of the aiuioying inconvenience to the departments when these returns are kept back. The neglect or delay of one clerk kee[js back the whole re[)ort. Other animal returns required to be made are ; — Of jury fund, to county treasurer. Of committals, to the inspector. 32 UxVCLAIMED MOXEYS— POWERS OF COURT. ii The list of unclaimed moneys, required by the 49th s-ction of the Act, shall be made under oath, and shall, m the month of January, be transmitted to the county attorney, together with the moneys (if any) therein mentioned. The returns of bailiffs, under the 193rd Rule, at the opening of every court, of all warrants and executions. Report to the judge at every sittings as to the sureties of himself and bailiff. Powerti of Cont't.- Seen. 78-74. The court has power to grant relief or redress, either absolutely or conditionally, in any proceeding before it, including power to relieve against penalties, forfeitures and agreements for liquidated damages, as fully as in like cases in the High Court. This extends to any defence or counter-claim, equitable or legal, unless the same involve matter beyond the jurisdiction of the court. No privilege can exempt any person from suing or being sued in a Division Court. Judgment and execution therein shall be such as given in like cases n the High Court. Sec. 75. The right to grant injunctions, and commit for disobedience, is held by the court. Canseft of Avtion Xot to be IHvided. A cause of action cannot be divided for the 13Lirpose of bringing the same within the jurisdiction. No greater sum than $100 can be recovered for the •balance of an unsettled account. I ' .JURISDICTIOX. th id le ■0 It d s-s Account Beyond Jurisdiction,~'i^o action can be sustained where the unsettled account, in the whole, exceeds $400. A cause of action cannot be divided for the purpose of jurisdiction. Sec. -]-]. For Balance of A ccotmt. —Upon an action for balance of account the judgment shall be a full discharge of all demands in respect of the account Sec. 78. Cert/oran.—WhcrG it appears to any of the iudges of the High Court that a case is one to be tried in a High Court, and the judge grants leave, the cause may be removed by certiorari, upon such terms as the judge may order, where the claim amounts to $40 and upwards. Where it appears in an action, otherwise of the proper competency of the Division Court, that such court has not cogni;iance thereof, from the title to land being brought in quenion, or from the validity of a devise, bequest, or limitation, under a will or settlement being disputed the action shall not on that account be dismissed, but may, by writ of certiorari, be removed from the Division Court into the High Court, upon such terms as to payment of costs or other terms as the judge making the order thinks fit. 57 Vic, cap. 23, sec. 16. Action in Court other than that Holdenfov the Division. When an action is tried or transferred to any other court than that holden in the division in which the cause of action arose, such court shall have full jurisdiction in the premises. Sec. 80 u C.-3. \ ^* WHERE SUIT MAY BE HROUOHT. General nirections. Act'ons may be brought in court ot the division in which the cause of action arose, or in which defe idant resides or carries on business. Sees. 8 1 82 8^ Against Foreign Corporatioti.~^)\^r^ the defen- dant is a corporation having its head office in the Province, and the cause of action arose partly in one and pardy in another division, phiintiff may bring his action in either. Sec. 84. Where Debt Made Payable Out of the Province.— Where the debt exceeds $100, and is made payable out of the Province, the action may be brought in any court, subject, however, to the place of trial being changed, upon applicati..n of one or more of the defendants. Sec. 85. Change of Place of Trial —To procure such change, an order must be obtained from the judge of the county in which the action is brought. For proceedings and directions, see section 86 and sub-sections ?. •'o -). inclusive. When action entered in wrong division. Sec. Sy. Suits if}, and Afjainst Clerks uml Bailiffs. A clerk or bailiff may sue or be sued for any debt due to or by him, senr.rately or jointly with any other person, in the court of any next adjoining division in the same county. No clerk or bailiff shall bring an action in his own court. Sec. 88. Proceedings may be continued in same court, if commenced before his appointment to office. ' ^ suns AGAINST OFFICKftS -JUDGE. 35 \ f He may be sued i„ the court of an adjoining county, the pace of sittings whereof is nearest t! res,dence of defendant, without the county. Transcript of judgment against hin, may be sent there and enforced by ba.hff of adjoining division. Sec. 89. AelloHs 111, or A,„(/iut Jml,/,: . ^'y}'' ^:°"Sht in the court of any county adjoin- ng, and aga.nst stipendiary magistrates in an ad oi„- ing county or district. Sec. 90. J^y Consent. — A ny action within the jurisdiction may be tried and disposed of by consent of the part.es m any Division Court. Sec. 91. U^'J'^"'""'--^^ "1"''^«'' "'^ ='-k must forward all summonses to the clerk of any other div,,s,on for service. They shall be handed over by he latter to the bailiff of his court, whose duty it is The clerk shall enter all such proceedings in a book' to be l given notice that he disputes the plamtiff's ci x.m;i. or any other notice of which the plauitiff should le informed before the trial, or in any case in which it has become the duty of the clerk to give notice to any party to a cause, of defence or admission, judge's order, or other matter, such notice must show the time and place of the sittings of the court at which the cause is to be heard. Trial— Sec. 114. Non-suit.— On the day of trial, the judge shall, on hearing defendant's answer to the action, without further pleading or formal joinder of issue, proceed, in a summary way, to try the cause and give judg- I.I8'riNU PASKS — APPK. 41 meat. In case satisfactory pi ,f is not given eiuitling either party to judgmeni, he may non-suit the i)laintirt. The plaintiff may. before verdict, in jury cases and before judgment pronounced in other cases, insist on being non-suited. // A/>/>i'a/.—Thv other actions on the Hst and business of the court shall be disposed of before entering upon the trial of actions where the sum exceeds $100 (which are t, placed at the foot of the list), unless the judg( a! for special reasons order otherwise. The juuge shall in such cases, when no agreement not to appeal has been signed and filed, take down the evidence in writing, and .hall leave the same w^ith the clerk ; but in the event of an application for a new trial it shall be forwarded to the judge for the purposes of such application. Sec. 1 15. Lis/ mo- Cases /or Trial.— K\\ suits for amounts exceeding $100. whether commenced by attachment or not. must be placed at the foot of the list, unless the judge orders otherwise. The section leaves replevin suits and those personal actions where the amount claimed does not exceed $60, to be placed on the list the same as before. Agreement Not to AppeaL~\{ before the court opens, or if, without the intervention of the judge, before the commencement of the trial, there shall "be filed with the clerk an agreement in writing, signed by both parties, no appeal shall lie. Sec. 116.* The clauses regulating appeals will be found in sections 148 and 153— and Rules 305, and 330. 310, 320, MICROCOPY RESOLUTION TEST CHART (ANSI and ISO TEST CHART No. 2) 1.0 I.I 1.25 IS 2.8 ■ 3.6 IS l£ 2.5 Z2 2.0 l^ P-" 1.8 ^ APPLIED IfVMGE Inc S"- I65J East Main Street r^ Rocherler. New York 14609 USA SSS (716) 482 - 0300 - Phone SSS (7'6) 288- 5989 -Fox 42 judge's discretion at IIEAHING. m If Defendant Does Not Appear.-On failure of the defendant to appear, the judge, on proof of service, may proceed with the hearing, and the order or judgment shall be final and valid. Sec. 1 1 7. judgment can only be entered by default on personal service being made. Should summons for claim less than $15 not be personally served, plaintiff would have to prove his claim. He must also do so in case of tort or tres- pass and m actions in which the detailed particulars ot claim have not been served. Section 118 empowers the judge to adjourn the hearing if he thinks it conducive to the ends of justice to do so. In this he has a wide discretion under the section and under the rules. If tried by a jury, judge may postpone trial oec, 119, Any person may appear for any party in the cause as agent or advocate. Sec. 120. Section 121, empowers the judge, whenever in his opinion justice requires it, to prevent any person from so appearing for the parties. Tender of Payment.~-\{ defendant intends to plead tender of a sum of money before action brought, in satisfaction of claim, he may do so, on hhng his plea with the clerk, at least six days before the trial, and at the same time paying into court the amount. Notice of the plea and payment must be given by the clerk. Sec. 122. TENDER OF PAYMENT. 43^ Section 123 authorizes that said money be paid over to plaintiff, less $1 to defendant for his trouble, in case the plaintiff does not prosecute the action.' All proceedings shall be stayed, unless within three days after receipt of notice, plaintiff signifies, in writing, to the clerk, his intention of proceeding, not- withstanding such plea. A plaintiff cannot get money lodged in court paid out, until the suit is determined— unless the judge otherwise orders. If the d-cision be for defendant, plaintiff must pay his costs, to be awarded by the court, and the amount •may be paid over to him out of the money paid in with his plea; or may be recovered in the same manner as any other money payable under a judg- ment of the court. If decision in favor of plaintiff, the full amount of the money paid into court shall be applied in satisfaction of his claim, and judgment for the balance and costs, according to the practice in other cases. Section 124. Section 125 allows a defendant to pay money into court at any time, not less than six days before trial, together with plaintiff's costs up to the time of such payment. Section 126 directs the clerk to give the necessary notice of payment. Proceedings shall be stayed, unless within three days plaintiff signifies his inten- tion of proceeding for the remainder of his demand, in which case the action proceeds as if brought originally for such remainder. €'"■-— i i . 44 SET-OFF — SUBPffiNAS. If the plaintiff recovers no further sum than the sum paid into court, he shall pay the defendant his costs. Sec. 127. Sf/-o^.—ln case of set-off, or any defence under the statute, six days' notice before trial must be given. Sec. 128 No evidence of set-off, other than such as is con- tained in the particulars of set-off delivered, can be given. Sec. 129. The judge has, of .course, the power to allow an amendment. If the set-off be proved to exceed the amount due the plaintiff, the latter shall be non-suited, or the defendant may elect to have judgment for the excess, provided the amount is within the jurisdiction. If the excess be greater than the jurisdiction, the judge may adjudicate that an amount of the set-off, equal in amount found due to the plaintiff, satisfy the claim. Such adjudication shall be no bar to the recovery by the defendant of the residue of the set-off Witnesses and Eiidcnce.—See. l.'il. Parties to an action my obtain subpoena:^ from the clerk of any court in the county, with or without a clause for the production of books, writings, etc., requiring any witnesses resident within the Province,' or served with the subpoena therein, to attend at a specined court or place before the judge, or any arbitrator appointed by him, and the clerk, when requested by any party to an action, or his agent, shall give copies of such subpcena. ATTENDANCE OF WITNESSES. 45 A party who desires the attendance of witnesses should subpoena them. The duty of attending is created by the service, and by that means only. A witness, ordinarily resident in a foreign country, may be served here with a subpcena, and is liable for non- attendance. If the conduct money paid him is insufficient, he must object at the time of the payment. Any number of names may be inserted in a subpoena, and service thereof may be made by any literate person ; and proof of service and tender ot payment of expenses may be made by affidavit. I'roof may be received by the judp^e either orally or by affidavit. Sec. [32. Persons refusing or neglecting, without sufficient cause, to obey the subpoena, and those in court, called upon to give evidence, who refuse to be sworn, or to give evidence, shall be subjected to such fine (not exceeding $8) as the judge may impose ; and also to imprisonment for any term, not exceeding ten days. The whole or part of fine shall be applicable towards indemnifying the party injured by such refusal or neglect. Sec. 133. Any person in court may be called upon to give evidence in a case. But if a witness were subpoenaed and was not paid his fees, and he attended notwith- standing, he could not be called upon to give evidence by the j^arty who had not subptcnaed him, unless his witness fees were first paid. Commission to Take Evidence. In case the plaintiff or defendant in an action wants the testimony of a person residing without the limits of the Province, the judge, upon application, 46 COMMISSIOX TO EXAMIVK. and after 1 ear.ng the parties, may order the issue of a comn.ss,on out of the court, to a commissioner for the exammation of such person. Sec. 135. A copy of interrogatories should be'annexec^ to the commission. "''icxec. to iss!rnr "'■~^° ""^'^ ^''"" ''^ -de for the n rtv 1 t ^''■"""-.'°" 'o 'ake the evidence of the ment. unless, m the opinion of the judce a savi ur If expense will thereby be effected, or unless TZh "'-e to appear that the person is aged infi n „r unable from sickness to appear as a witnes; the^eWdtc? '7c"'"'r;' ""^"^ "^^^°" '° •^''<'= le eviuence. A copy of the order, with two d-,vs' f " , "P°" "i« opposite party. The evidence sh-,11 be taken on oath, and reduced to writing, aidTiKne by the witnesses, and shall be transn^itted f h c erk of the court to be used on the trial. The costs t>c paid by the parly applying for the order arid -ifterwards as the judge n,ay direct. Sec. ,37 There is no provision for the production of books papers, etc., on such examination. ' Un^er section ,38. an order may also be obtained for the examination of a witness who resides in trtV:7.a^t^r:::fir"^^'\^T^'^-- piaLc 01 trial, It it appear c ear v th-if h;= wouM be out of proportion to the amount i„. m AFFIDAVITS— POSTPOXEI) .H'DfiMENT. 47 Bnohs ofAvroHnt, AtHaarits, Etr., as Evulenre.-Srr. 14 i. Under this section, in an action for an amount not exceednig $20, the judge, on being satisfied of their general correctness, may receive the ^ ntiff's books in evidence, or in case of a defence of set-off, or of payment, as far as the same extends to $-0 He may also receive as evidence the affidavit or affirma- tion of any party or witness in the action, resident without the limits of his county. Hut he may require such witness, or any party in a cause, to answer interrogatories upon oath. Sec. 143.— All affidavits miy be sworn before the ludge, or before the clerk, deputy clerk, or before a notar); pubhc or commissioner for taking affidavits in the High Court. An affidavit taken out of the Province would of course, be valid if taken before any other proper authority. ^ ^In.lue's Deci.ion-^Sev, 144, ,n,U ,17 fir. rap. 2,% srr. 4. This section, as amended, now reads: The judcre in any case heard before him. shall, openly in court and as soon as may be after the hearing, pronounce his decision. But if he is not prepared to pronounce a decision instanter, he may postpone judgment nufi/ It IS convement for him to give the same, ivhen he shall forthwith send the same to the elerk of the eourt, who shall, upon the receipt thereof by him Jortlnvith enter the judgment and notify the parties to the suit of the same; and sue h judgment shall he as effectual a^ ir i-endered m court at the trial. . •/ 48 NEW TniAL. ifi HI ■ill ill The words printed in italics comprise the amend- ment. Heretofore the parties were obhged to attend, at an hour and a day appointed by the judge, for the deHvery of his judgment and hearing it read by the clerk. The amendment does away with this expense. Sec. i45._The judge may order the time or times and the proportions in which any sum and costs recovered by judgment shall be paid. Unless other- wise ordered, execution shall not issue on any such judgment within fifteen days after the entering; and at the request of the party entitled thereto, he may order the same to be paid into court. And the judge, upon the application of either party, vithin fourteen days after the trial, and upon good grounds being shown, may grant a new trial, upon such terms as he shall think reasonable, and in the meantime stay proceedings. New TrlHl-Stayiud I'toreeitini/s.—Sev. t4(i.-liule •■iS.'i («). (6), (c), id), (e), (/). Upon application for a new trial, the judge, instead of granting a new trial, may pronounce the judg- ment which in his opinion ought to have been pro- nounced at the trial, and may order judgment to be entered accordingly, Application for a new trial may be made viva voce and determined on the day of hearing, if both parties be present ; but if made when both parties are not present, it shall be in writing, and shall show briefly the grounds upon which it has been made, which grounds, if matter of fact requiring proof, shall be fi ^ ij AHPLICATION FOR NKW THIAL. 49 by affidavit. A copy of the application ami of the affidavit must be served by the party making the same on the opposite party, if within the division, or if without the division, by the cleric, who shall, on receiving the fees and necessiiry postage, transmit'the same forthwith. The application and affidavits (if any), together with an affidavit of the service thereof on the clerk, or on the opposite party (as the case may be), shall be delivered to the clerk within fourteen days after the day of trial. Upon receiving the necessary postage, he is to transmit to the judge, with a copy of the original claim and other requisite papers. This shall operate as a stay of proceedings until the judge's final decision. The clerk, after receiving such papers, shall delay for six days forwarding the same to the judge, to enable the opposite party to answer the same' in writing or by affidavit. If the application be refused, or if the party apply- mg shall fail to comply with the terms im^josed, the proceedings in the suit shall be continu.-; as if no such application had been made. The judge may hear the parties in court. If a new trial be granted, the suit shall be tried at the next sittings of the court] unless the judge shall otherwise order. The judge may make it a condition that the new trial shall take place before a jury, whether the first trial took place before a jury or not. But if either party required a jury to try the case, in the first instance, he shall be entitled to another jury upon 50 APPEAL. l! depositlnjr the necessary fees for sunimoninL^ such jury. Section 14S.— An appeal lies to the Court of Appeal, where the sum in dispute exceeds $100. An appeal shall also lie from the decision of the judge in all action* in which the parties consent to an appeal, and in mtcrpleader where the amount exceeds $100, or where the damages awarded exceed $60. An appeal is allowed to a garnishee. The judge, upon the application to appeal, may stay proceedings for a time, not exceeding ten days from the day of giving judgment on the application for a new trial, in order to afford the party time to give the required security to enable him to appeal. Sec. 149. (i). The security is to be by bond, from two sureties furnished by the appellant in $100. or such smaller sum as the judge may direct, conditioned that- the appellant shall abide the decision of the court and pay all sums of money and costs, as well of the action as of the appeal, or by paying into court $50 or such smaller sum as the judge may direct. In case security is given by deposit of money, the money shall remain in court as security for the pay- ment of amount awarded and costs. Upon application for a new trial, in any cause wherein either party may appeal, each party shall eave with the judge the name of some person resident within the county town of the county in which the case had been tried, upon whom the notice IIKAI-. or such portion thereof as may be required. The fi-e for this service is provided in the tariff, item 9. The appellant shall, within two weeks after the approval of the security, or deposit being paid into court or at such other time as the judge may order hie the certified copy with the registrar of the Court of Appeal, and shall thereupon forthwith set down the cause for argument before a judge of the said Court of Appeal, giving the required notice to the respondent, at least seven days before the day for which the same is set down for hearing. The appeal may be heard and disposed of bv a single judge, who has power to dismiss or give judg- ment, or make any other order the law requires, and shall award costs in his discretion. Sec. 152. The costs taxable, as between party and party upon an appeal, shall be the actual disbursements' and no greater amount, over and above actual dis- bursements, than $15, inclusive of counsel fee The li lit 52 COHTB-.IUHIKH. costs of such appwil, as between solicitor aiul client, shall be taxable on the County Court scale. Sec. 1 53. The /luUcatnn' Act does not ai)ply to appeals made under the Division Courts Act. JUVll'H.-SvVH. 1. 14, t^t.'i, /Mi. Either party may require a jury, in tort or replevin, where the sum or the value of the goods exceeds $20, and in all cases, where the amount sought to be recovered exceeds $30. Sec. 1 54. The right to have a jury summc ned under this section depends upon whether the suit is one for damages exceeding $20 in tort or replevin, and upwards of $30 in all other actions, and also upon the giving of notice and the payment of the proper fees, as required by section 156. If the.se require- ments have been complied with, and a jury has been properly demanded, the judge cannot properly try the case without a jury. Either party to an interpleader issue may require a jury to be summoned to try the issue. Notice, within five days, after the day of service of summons, shall be given the clerk, or left at his office, requiring a jury, and shall at the same time (/i^osi/ ivit/i the clerk, as toivards costs in the cause, the proper fees for the expenses attending the snmnionino; of the jury, and thereupon a jury shall be summoned. Sec. 155. The words printed in italics were introduced in the amending Act, 57 Vic, cap. i^, sec. 5. Sections 115, 116 and 208 shall extend and apply to all interpleader issues. I rOSTB OK HUMMdNINO. 53 Sec. 156.— In case the plaintiff rcciiiires a jury to be summoned to try the action, he shall ^nve no'tice in writing to the clerk, at the time of entering his claim, and shall at the same time (hfosit with the i/i'rk, as towanh costs in the cause, the (proper fees for expenses attendino the ^iiniimmino- of such jury ; and in case the defendant requu'es a'jury. he shall, within five days after the day of service of the sum- mons on him, give to the clerk, or leave at his office, the like notice in writing, and shall, at the same time. ih'posit with the c/erk the proper fees as aforesaid : and thereupon, in either of such cases, a jury shall he summoned. The words printed in italics were inserted in the amending Act. ':,'] \'ic.. cap. 23, sec. 6. A plaintiff must demand a jury at the time of entering the claim. Costs of .SV/ww^;/////^.—. Anything heretofore con- sidered ambiguous in the wc;rding of these sections, as to the costs of summoning a jury being " costs in the cause," has been made clear by section-^ 5 and 6 of the Amending Act of 1894. The amoimt lodged with the cierk towards the summoning, is expressly declared here to be as a " deposit towards costs in the cause." As such it has been always regarded and acted upon in the inspec- tor's department, in giving instructici's to officers of the court. Either party may recjuire a jurv. in tort or replevin, where the sum or value of the goods exceeds .$20. and in all other cases where the ann.unt sought to be reco\ered exceeds $30. The notice 54 COSTS OK HLMMONIXO. in writing, must be given, and is a necessarx- con- dition. And these requirement^ comi)Iied with, the language of the statute that -'a jury .v//,?// hv sum- moned," is imperative. lo have a jury is as much the right of a i)laintiff or defendant, as is the right of either to enter or defend an action. In both cases there are certain requirements to be observed in order to secure a trial. The making of a deposit for costs is one of them. The successful i)arty before the judge gets his costs as a rule. Why not the successful party before a jury ? To hold that a party demanding a jury "should pay for the luxury," whether he lose or gain the suit, cannot, it is submitted, be the true legal construction of these .sections of the Act. The contention tor such a construction, is a contention to tax the suitor for exercising the undoubted right secured him by law. and to .seek to hinder him from resorting to a proceedirg made part of the legal machinery for obtaining a trial of his cause. I^'ormerly, a jury was not allowed in interpleader cases. The i.ssue in such cases is whether or not the property was, a/ (he (iiiic of the seizure, the property of the claimant as against iht: execution or attaching creditor. Should the claimant be in pos- session at the time of the sei^^ure, the onus is upon the execution creditor to shew that the goods were the goods of the debtor. Though tht; debtor may be estopped from claiming the goods as against the claimant, the execution creditor may shew that the claimant has no valid title. ■IUH0K8. 55 Under section 269, and sub-sections, will be found particular^ as to parties to an nuerpleader issue. At one time, it was believed that the withdrawal of a juror operated as a legal determination of the action. Such is not the; case. It is no determina- tion, except in this sense of the word, that unless something very special happens, the court will hold the parties to their understanding, and will stay any further proceedings in the action." And it is doubtful if the withdrawal of a juror has any effect in a Division Court action. The clerk is not '^und to accept the notice; f„r a jury, nor to act on a, unless the e.xpenses are pre- I)aid. and not only of his own fees In connecti(m with the work, but also those of tin- bailiff /urors.~V nlcss exempted by /7/r /;/n>rs' ,h/, every person whose name appears on "the last pub- lished voters' list of any municipalitv. partly ,,r wholly situated within the limits of anv division.' and who resides within the said division, and whose name is marked •'].' as provided in section -, of the said Act. shall be liable to serve as a juror for the court in such division. Sec. 157 and "52 Vic. cap. 12. s. 17. The jurors to serve at any Division Court shall be residents of the said division. . . . They shall be summoned in rotation, beginning with the first of such persons in such xoters' list v^ho resides within the division. If there be more than one municipality partly or wholly, in the division, beginning with thai in which the court is held, and then proceeding to that one of the other Vms which contains the greatest no LISTS. number of such persons' names, and so on until all the lists have been gone through, after which they may be gone through again in the same order. But if at any time it shall appear to the judge that the cost of summoning a jury is excessive, by reason of the residences of the persons liable to be selected in the ordinary course being in a distant i)ortion of the division, he may order the clerk to commence at the first name marked "J" upon any of the lists Sec. 159. Section 159 obliges the clerk of the municipality within the division to furnish the clerk with a copy of the voters' list. Summons must be served at least three days before the court, either personally or by leaving same at the residence of the juror. Not less than twelve persons liable to serve must be summoned. The clerk shall issue summons, and at least twelve copies. Summons must be returned to the clerk with the service thereof duK' verified by the oath of the bailiff serving the same. Sec. 160. Either of the parties to a cause shall be entitled to his rightful challenge against the jurors, in like manner as in other courts. Sec. 161. The Jurors' Act declares the right of peremptory challenge to any four of the jurors drawn to serve on the trial f a cause. Sec. 162 sets forth the penalty, not exceeding $4, for disobedience of the summons. Sec. 163. That service as a juror at a Division Court does not exempt from serving in any court of MUNICIPAL CLERK. 57 record, and that no person can be compelled to serve who is exempted by law from serving as a petit juror in the High Court. By section 164 the clerk who neglects or refuses to furnish the voters' list may be summoned before the next sitting of the court to show cause. Section 165 authorizes the judge to enquire into the neglect or refusal ; he may give further time, or he may impose a penalt)' of 820, and may make such order for the payment by the clerk of the munici- pality of the costs as may seem meet. Section 166 describes how the causes to be heard by the judge alone shall be set down for hearing, in a separate list from the list of causes to be tried by a jury— which two lists shall be severalK" called " The Judge's List." and " The Jury IJst.'' The causes shall be set down in the lists in the order in which they were in the first instance entered with the clerk —except where the judge sees sufficient cause for proceeding differently. ' Fi\'e jurors shall be emjjanelled and .sworn to try the cause, and the verdict of every jury shall be unanimous. In the event of the panel being exhausted before a jury is obtained, the judge may direct the clerk to summon from the body of the court a sufficient number of disinterested persons to make up a full jur\-. Persons so summoned— saving all lawful exceptions and right of challenge,— sit and act as jurors as fully as though they had been regularly summoned. Sec. 167. 58 lURIES ;URV FUND. Proxision is also made for Ms. The same righfv to the parties would exist in regard to the further jurors. By section i6S the judge may order a jurv to be empanelled to try any disputed fact, 'fhe' judge may give judgment on their verdict, or mas- errant a new tnal on application of either party, in ihe same way as under smiilar circumstances new trials are granted m other cases on verdicts of juries. .-] nd cachjn'orso called and szuorn sliall be paid (he sum of leu eeuls ,• ///,• momys so paid shall be taxed as co^t^ HI the cause. ' The part of this section printed in italics is an . amendment added by -^y Vic. cap. 23. sec. 7. If in any case the judge is satisfied that the jury after havmg been out a reasonable time, cannot agree upon their verdict, he may discharge them and adjourn the cause until the next court, and order the clerk to summon a new jur>- for that court—unless the parties consent that the judge mav render judg- ment on the evidence already taken. Sec. 169. JVf .s foi- rTuvji Finnl. By section i 70 there shall be paid to the clerk of the court, in addition to all other costs or jury fees now payable, on every action entered— Where the claim exceeds $20 but does not exceed $60 — 3 cents : Where the claim exceeds $60, but does not exceed $100 — 6 cents : — And where the claim exceeds $:.-)-25 cents. KETURNS TO TKE/ 3URKRS. 5(> These fees shall be taxed and allowed as costs in the cause. O or before the 15th day of Januarv. in each year, every clerk shall return to the treasurer of his county a statement under oath, showing the number of actions originally entered in his court during the previous year, in which payments wert^ receiv^able under the foregoing scale of jury fees. He shall, with the statement, pay over the sums received! together with all other moneys which he shall have received for jurors' fees during the year. The treasurer is required to keep an account of all moneys so received by him. under the head of " Division Court Jury Fund." County treasurers would do well to compare the returns so made with those given in the annual report of the inspector, in order to correct errors or discrepancies. Copies of the annual report are regularly mailed, when printed, each year, to count)- treasurers from the mspector's department. In cities, which include one or more divisions and no other fraction of a division, the clerk shall make the return and payment to the treasurer of such city, who shall keep an account in the same wav as provided in the case of county treasurers ; and shall on the presentation of the certificate of the judge, forthwith repay to the clerk of the court the jurors' fees paid by him. Sec. 171. The same returns are also to be made as under section 170. «0 I'AVMENT OK JURORS. he clerk shall pay to every person who has been summoned as a juror, and who attends during the •sittings of the court for which he has been sum- moned. and who does not attend as a witness in any cause, or as :i litigant in his own behalf, the sum of *l. Ihe presiding judge shall certify to the treasurer and shall deliver the certificate to the clerk and upon presentation thereof the treasurer shall forthwith pa>- the clerk, or his order, the amount which the clerk shall have paid, as appears b)- the certificate, to the jurors. In the case of cities other than those provided for '" sec. 171. and towns separated from the county the amounts paid in !>> the clerks of courts in such cities and towns, and the amount paid in I.n the county treasurer to the clerks of such courts fo,- jury lees, shall be taken into account in settlin« " the proportion of the charges to be paid by the citv or town towards the costs of the administration of justice. Sec. 172. (Jnrtiis/nHf'ti* of lUhts. Scr. IT.'i. When a debt or money demand, of the proper competence of the court, and not being a claim strictly for damages, is due and owing to one party from another, the party to whom the debt is due designated, the primary creditor, may attach and recover any debt due or owing his debtor— designated the primary debtor— from any other party— called the garnishee-or sufficient to satisfy the claim of the primary creditor, subject always to the rights (iAKNiailMENT. GI of Other parties to the debts owing from such garnishee. 'lo be the subject of garnishment proceediiigji before judgment, there must be the following require- ments :— It must be a debt or money demand of the proper competence of the court— not strictly for damages— and it must be due and owing one party from another. No debt due or accruing to a mechanic, workman, laborer, servant, clerk or employee, for or in respect of his wages or salary, shall be liable to sei/Aire or attachment under the Act,~-or under any other act relating to the attachment or garnishment of debts, unless the debt exceeds the sum of $25, and then only to the extent of the excess. Sec. i 74. In section i 75 an exception is made. In any case where the debt has been contracted for board or lodging, and in the opinion of the judge, the exemption of $25 is not necessary for the support and maintenance of the debtor's family ; or where the debtor is unmarried and has no family depending upon him for support. Sec. 176.— In all cases where a defendant, primary debtor or garnishee intends to contest the jurisdiction of the court, he shall leave with the clerk, within eight days after the service of the summons (where the service is required to be ten days before the return), or within twelve days after the day of such service (where the service is required to be 15 days before the return), a notice to the effect that he disputes the jurisdiction of the court. The clerk I t f 62 • lAHNlSJI.MKNT, shall forthwith trive notice thereof to the plaintiff, primary creditor, or their solicitor or agent, in the same wa>- as notice of defence is now given. In default of notice, the jurisdiction shall be considered as established and determined, and all proceedings may thereafter be taken as fully and effectuall)- as if the action or proceeding had been properl)' com- menced in such court. The notice must be in writing. IVohibition to a ])ivision Court shall not he in such action from any court whatever, where the notice disputing the jurisdiction has not been given. Section 177.— Where the debt sought to be garnished is for wages or salary, there shall be upon or annexed to th< summons served on the garnishee a memorandum showing the residence of the primary debtor, and the nature of his occupation in the service of the garnishee at the time of the issuing of the summons (if then in such service), and also stating whether the debt, alleged or adjudged to be due by the primary debtor to the primary creditor, was or was not incurred for, board or lodging; and in the absence of such last-mentioned statement, the said debt may be presumed by the garnishee not to have been incurred for board or lodging. (2) //" the debt is alleged or adjudged to be due by an 2tiimarried person, having no family depending on him for support, a statement to that effect shall be upon or annexed to the summons sei"i>ed on the garnishee ; and in the absence of such statement, such unmarried person may be presumed by the garnishee to have a family depending on him for support. •lAKNlHHMKNT. 63 Th. paragraph printed in italics (sub-section .) was added by sec. ,7. 57 Vic. cap. 23. ^' II hrn tin- ('li'tli tot's Cla m ay b hn is a 'fn(/f/„triif. See. /TS. ;er judgment has been recovered, aool e mad ication Th e to the judge for an attachinjr ord e prmiary creditor mal JLidgmtMit had been recovered es an affidavit that er. uich specifv ing the time „.u«., 1 , , ---.V.V., .^p^^.iMMg me tune «he„, a,ul that the whole, or some ,,art, attcl how |i.uch thereof, re.nains unsatisfied, and 'that dei^onc^ has reason to behe^ .... and does believe, that son,e one or more parties (naming them) is or are within debtor. I he judge thereupon ,„akes the order to the effect that all debts owing to the primary debto" whether due „r not dt,e, be attached to satisfy he judgment. ^ In a garnishment proceeding b,- way of attaching "rder. ,t ,s necessary that the garnishee should be resKent w,th„, the Province. A con,panv havin. its ch.ef place of bt.siness out of the Province could^o therefore be aftected by an attaching order hav^fhr'ff ''/,"'' °'-^- °" the garnishee shall luve the effect (subject to the rights of other parties) of attach.ng and binding in his hands all debts the owu,g fron, hn. to the pri„,ary debtor, or suffici™ thereof to satisfy the judgn,ent ; and a payn,entr the garnishee „,to the court or to the primarv credttor of the debt so attached, to the' e" nt ™sat,sfied on the judg„,ent, shall be a discharge to hat extent o the debt owing from the garnishfe t<, the primary debtor. Sec. 1 79. 64 ATTAniINO OHDKK. I* I >' i, The service of this order should, if" |)ossibie, be personal. Substitutional service could not be ordered of process upon a foreign corporation. • By section iSo, any payment made by the garnishee, after service on him of the order, to any one other than the i)rimary creditor, or into court, to satisfy the judgment, shall, to the extent of the primary creditor's claim, he void, and the garnishee shall be liable to pay the same again. Payment into court will protect the garnishee. .Sec. 1 8 1. — Whether such attaching order is or i.s not made, the primary creditor may cause to be sued out of the court for the division in which the garnishee resides or carries on business, a summons, in the form prescribed by the general rules, upon or annexed to which shall be a memorandum showing the names of the parties as designated in the judg- ment, the date when, and the court in which it was recovered, and the amount unsatisfied, which sum- mons shall be returnable either at an ordinary sittings of the court, or at such other time and place (to be named therein), as the judge may permit or appoint, either by a general order for the disposal of such matters or otherwise. Sec. 182. — In the proceedings under the preced- ing section, where the garnishees are likewise a body corporate, not having their chief place of business within the Province, then the summons mentioned shall be issued from the court in which the judgment has been recovered, and shall be served upon the agent of such body corporate. (iAUNIHHEE HUMMONS. 66 whose ofncc ;is such agent is either vvitiii.i the division in which judgnKMit had been recovered <,r nearest thereto. A copy of the summons and memorandum shall be duly served on the garnishee, or if there be joint garnishees, then on such of them as are within the reach of the process, at the time and in the manner required ior the service of summonses in ordinary actions for corresponding amounts, and also on the primary debtor, if thought advisable, or if required by the judge. Sec. 183. Sec. 184.— At the hearing of the summons, or at any adjourned hearing, on sufficient proof of the amount owing by the garnishee to the primary debtor, and no sufficient cause appearing why it should not be paid and applied in satisfaction of the judgment, the judge may give judgment against the garnishee for the amount, or sufficient thereof to satisly the judgment; and execution against the garnishee to levy the same may issue thereon as if of course, if due, or when, and as it becomes due or at such later period as the judge may order. »here the rrimarfj CretfitorS Claim is not a ,r„dn. mfnf.—Sec. ISa. Where a judgment has not been recovered for the claim, the primarv creditor may cause a summons to be issued out of the court in which the garnishee lives or carries on business, upon or annexed to which shall be a memorandum showing the names of the primary creditor, the primarv debtor and the garnishee, and the particulars of the claim of the D c— 5. m H^ K\i( I OK .lUIKiMKNT. ;! I- II tl f^rimary c |jtr)r. which summons shall be returnable as required by section i8i. /2) In the event of the garnishee being a body corporate, not having their chief place of business WlihtA the Province, then li summons shall issue out of tibe court for the division in which the cause of action arose, and shall be served upon th(^ agent of the body corporate, whose office, as such agent, is nearest the place where the cause of action arose.' (3) Every person who, within Ontario, trar.sacts or carries on any business for such body corporate shall, for the purpose of this .section, and of section icS2, be d'emed the agent thereof. Sec. 186 provides that a copy of the summons and memorandum shall be duly served on the garnishee or. if there be joint garnishees, then on such of them as are within reach of the process, at the time and in the manner as required in ordinary cases ; and also if practicable, on the primary debtor, unless the judge, for sufficient reason, dispenses therewith. Sec. 187.— If in such case the primary debtor has been duly served with a copy of the summons and memorandum, judgment may be given against him at the hearing, f(;r the primary creditor, for the whole, or such part of the claim as is sufficiently proved; and execution may afterwards issue there*. n as in other cases. Whether such judgment i«-, -■ . not given, the judge, on sufficient proof of the debt due and owing from the primary debtor, and also of the amount owing him from the garnishee, may then. o. at an adjourned hearing, give judgment I aK^ins, ,h. garnishee,,,, ,l„ amount so fou,„l .1.... ■". ■ -sue to levy the sante forthwith, ^T^^ later pence! as the judge may direct. rec'cw^r '" '''"''' "'' J"''«'"'^"' ^^='1' have been ecovered aga.nst ,a garnishee under sections ,84 and 8,. -.ch gartushee shall he liable to be e.xami„ern.shee and the prin,ary debtor, and n.^ a , show any other just cause why the debt souirhr , , garnished should not be paid over or^S in or -.u-ds the satisfaction of the claim of til^S^^^^^^ Dc/uues in Gandshec P,-ocecdin^,.^K prim-irv debtor or garnishee who desires to set uo a si' or other de.ence, or set off, or to adm Z a " ^ whole or ,„ part, shall file with the cler tl ; f)8 DKFENCES— NOTICE. H i '' M-tS* i m ii ticulars of the same, or an admission of the amount owing by either, within eight days after service of the summons. The cleri< shall forthwith send by mail to each of the parties to the action a copy of such deft;nce. set off or admission. The primary creditor may file with the clerk a notice that he admits the defence or set off, or accepts the liability of admission as correct. A copy of the notice shall be sent by mail f(^rthwith to the garnishee. In the absence of any »uch notice, the judge may, in his discretion, give judgment against such primary debtor or garnishee. In the absence of notice, the garnishee shall not be bound to attend at the trial, and the sum admitted shall be tak^n to be the correct amount of his liability, unless the judge shall otherwise order ; in which latter case, the garnishee shall have an opi)or- tunity of attending at a subsequent date, and being heard before judgment is given against him. The costs of all notices required to be given under this section shall be costs in the cause,' and in no case shall be payable by the garnishee, unless specially ordered by the judge. Sec. i8S. sub-soos. ;2. 3. and Rule 86. Service of the summons upon the garnishee binds the debt until the hearing. Sec. 189. Sec. 190.- -If judgment be given for the primary creditor against the garnishee, the debt garnished shall, unless the judge otherwise orders, continue bound in the hands of the garnishee to satisfy the claim of the primary creditor. Payment into court H LIAUILITY OK (JAIiNISHEK. 69 shall be a discharge to the garnishee, as between him and the primary debtor. Any other payment except to the primary cn^ditor or into court would be void and leave the garnishee liable. The garnishee shall not be liable for costs of proceeding, unless so far only as shall have been occasioned by setting up a defence, which he knew, or ought to have known, was untenable ; and sub- ject to this provision, the costs of all parties shall be in the discretion of the judge. Sec. 191. Cosis to Primary Crcdiior.—Sec. 192. The judge in any case brought to garnish a debt, may, in givmg judgment on behalf of the primary creditor award costs of the proceeding to the primary creditor out of the amount found due frotn the garnishee to the primary debtor. Conditions be/ore oirino- /udo;;u-nt.~~SGc. 193 Judgment cannot be given until summons and memo- randum, with an affidavit of service, are filed. Money must be dne from oarnis/icc dc fore execution issues.—No execution shall issue to levy money owing from garnishee until the money is due Sec. 194. Application for Order to Discharge Claim of / rimary Creditor.- Any party entitled or interested in any money debt, attached or bound in the hands of a garnishee, may apply to the judge for an order to the effect that such money or debt be discharged from the claim of the primary creditor. Such an application and the like order m.^iy al^o be m ide if m m fits J (J 70 SECURITV. the judge thinks fit, after the money has been paid over by the garnishee, in which case all parties shall be remitted to their original rights in respect thereto, except as against the garnishee having already paid the debt or money, whose payment shall not be affected thereby, but shall be and remain an effectual discharge to him. Sec. 195. Scatrity may be Ordered. — U the judge, on the hearing of a summons, or on special application for the purpose, thinks proper, he may before giving judgment against the garnishee, or at any time before the actual payment by the latter, order such security to be given as may be approved of by himself or the clerk, for the repayment into court to abide the judge's order,— in case an order has been made for repayment. Sec. 196. Bond to be Taken.~{2) The bond shall be to the clerk by his name of office, and shall enure for the benefit of all parties interested, and may by order of the judge, and on such terms as to indemnity against costs as he may impose, be sued in the name of the clerk. Claimant other than Primary Creditor. — \x\ case any one, other than the primary creditor or primary debtor, claims to be entitled to the debt owing from the garnishee, by assignment thereof or otherwise, the judge may enquire into and decide upon the claim. Sec. 197. Judge may Postpone or AdJoui'n.~Siici\on 198 empowers the judge to postpone or adjourn the pro- ceedings from time to time, to allow time for giving "-f .judge's discretion. 71 omitted notices of defence, or to produce further evidence, or for any other purpose. He may require service on and notice toother and additional parties, and may prescribe and devise forms for any pro- ceeding, and may amend all summonses, memoranda, claims, notices and other papers and proceedincrs and copies thereof '^ Debt Attachment Book to be A't^/.— Section 199 directs that clerks of courts shall keep in their respective offices a debt attachment book in the form prescribed in the general rules, in which shall be correctly entered the names of all parties, the date, statements, amounts, and other proceedings, etc. Copies of entries therein may be taken by any one free of charge. Arbltvutiou. The judge may in any case, with the consent of both parties, order the same to be referred to arbi- tration—to such person or persons, and in such manner and on such terms as he shall think reason- able and just. Or the parties to the action may by writing agree to refer the matters in dispute to the arbitrament of a person named in the agreement— which shall be filed with the clerk and be entered on the procedure book as notices are entered. Sec. 200. Reference not Revocable by either Party. The , reference shall not be revocable by either party, except by consent of the judge. Sec. 20 r. Entering Aimrd.—Th^ award shall be entered as the judgment in the cause, and shall be as binding and effectual as if given bv the iudcTP. Sf-r oo-^ 3 ■ t 72 AWAKD — CONFEi38IO\. Azuarc/ way be set aside.— ]\i^\g^t may set aside award, upon application to him within fourteen days of the entry, or may, with the consent of both parties, revoke the reference, and order another reference to be made. Sec. 203. Administering Oatk— Any of the arbitrators may administer an oath or affirmation to the parties and all other persons examined before them. Sec. 204. Confession of Debt. A bailiff or clerk, before or after action commenc- ed, may take a confession or acknowledgment of debt from a debtor or defendant desirous of execut- ing the same. It shall be in writing, and witnessed by the clerk or bailiff at the time of the taking there- of. And upon the production of same to the judge, and its being proved by the oath of the clerk ^or bailiff, judgment may be entered thereon. Sec. 205. Affidavit.~ThQ affidavit shall state that the party making it has not received, and that he will not receive, anything from the plaintiff or defendant, or any other person, except the lawful fees for taking the confession, and that he has no interest in the Sec. 206. demand sought to be recovered. Costs. The cost of any action or proceeding, not otherwise provided for, shall be paid by or apportioned between the parties in such manner as the judge thinks fit. Where the plaintiff does not appear in person, or by some one in his behalf, or appearing does not make COSTS. 73- proof of his demand to the satisfaction of the judge, he may award to the defendant such costs and such further sum of money, by way of satisfaction for his trouble and attendance, as he thinks proper— to be recovered as in other cases. And in def^iult of any special direction, costs shall abide the event of the action. Execution may issue for recovery thereof in like manner as for any debt adjudged in the court. Sec. 207. (2) In all actions brought in which the i)laintiff fails to recover by reason of the court having no jurisdiction, the judge shall have jurisdiction over the costs of the action or proceeding, and may order by and to whom the same shall be paid. The recovery of the costs awarded may be enforced by the same remedies as the costs of actions or pro- ceedings within the proper competence of the court are recoverable. Coiuisel Fee. —Site. 208. Where in a contested case f )r more than $roo, a counsel, solicitor or ao-ent has been employed by the successful party in the conduct of the cause or defence, the judge may in his discretion direct a fee of $5—10 be increased accord- ing to the difficulty and importance of the case, to a sum not exceeding $io~to be taxed to the success- ful party, and the same when allowed shall be taxed by the clerk and added to the other costs. Rule 288 declares that where an agent has been emplo/ed, the judge shall not direct a fee to be tax- ed, unless such agent is a barrister or solicitor. It ; «l MATTKRS OF POKM, ^Vhere the defendant, having disputed the plain- cl, " f '"■"':'^^' "''* '"=''°- 'he opening of the a t, ;"} ^'"^"'™'•°^P^>■^ 'he claim ,^o .sho t a tune before the s.tting of the court that the plain .ff cannot ,n the ordinary way be notified t1,e of tion orderfh ^ f ^' ■'"''^'^ '"^y' '" his discre- tion order the defendant to pay such costs or such .-rtton thereof as to hin, .ay leen, just. Sec lot recoverv°of ''^ ^f"^^"'''^ '" "" -"°" ^r X o ,h T "r'^'^'' ''y^ judgment without the b oulht on T- °' "" '°"" '" "'"■^h the action is orought, on sufficient cause shown. Sec. 2,0. hacl'or°nty''"' j"''^'"*^"'' °^ "'her proceeding haci or made concerning any matter or thing shah be quashed or vacated for any matter of form. ° R S ' only have execution, and thl on W fo '^.^f ?"'" ^''"" =Hesn,a„erint:n:;;tr.::;r::/T'rT"'^- :;-... sat^raction sha„ r-^^^^^^^^ -> of e.ecntiroT^.rchrnt' sha,;^ b""^^ °^ ^ out of the limits of rh. . ^"^ executed of ^he court fr:',: „ X" ^-7^ """.' "^ ^"^'^"^ tio". Section 2,4. ""^ """^="<== has jurisdic- e^etfontirh;:::;^^"" ^--^--A,, -•- ^^ county fron, whtch " y ," "u, LTr""' *'■"'■■" "- 'he sitting of the court^s ta^ ,T , 'r 7" "'^^^^ dence, as provided in section 8 ^ *'"'*""''^ '^'''■ removes to another cou.ftv w ,h '"":""'"'' "P I 11 < PAYMENT IIEFORE SALE. 77 in which the same has been entered, order an execu- tion lor the debt and costs awarded by the jiidgmeiu. to issue against such party. Sec. 215. Instead of this, proceedings by transcript are ■usually adopted. Payment of Execution before Sale.—^itz. 216. If a party against whom an e.vecution has been awarded pays, or tenders to the clerk or bailiff, before an actual sale, such sum of money or such part thereof as the party in whose favor the execution has been award- ed agrees to accept in full of his debt, together with the fees, the execution shall thereupon be superseded and the goods released and restored to such party. Tvanscripf (nxf Pi-occMinf/s. Sec. 217.— Upon application to be made on the l)art of any plaintiff or defendant having an unsatis- hed judgment in a court, the clerk shall prepare a transcript of the entry of such judgment and shall send the same to the clerk of any other court, whether in the same or any other county, with a certificate signed by him and sealed with the seal of the court, and addressed to the clerk of th- court to whom it is intended to be delivered, and .uding the amount unpaid upon the judgment and the date at which the same had been recovered. The clerk to whom the certificate is addressed shall enter the transcript in the proper book, and the amount due accordmg to the certificate. 78 i'iiOCEUDlS,;s ON TRANSCHIPT. P>-oa:W„^{ payment thereof has arrived, may sue in the name of the defendant, or in the name of any person ni whose name the defendant might have sued for recovery of the moneys so made, secured or niade payable. Sec. 229. How Suit ,uay be Brouoht ./;.-'< Execution creditor, which is here meant, would perhaps be a more appropriate term instead of "plaintiff" or " defendant." List of Securities to be Prepared.— h would be advisable for the bailiff in all such cases to prepare a III 8ALK OK SKCUKITIES. 8.'} i list ol the securities sei/ed. showin- the amounts dates, when and by whom payable, and to crjve notices to the different persons liable on them ** [f the execution creditor should not. within a reason- able tmie, determine to take proceedings upon those overdue, and the others as they become due it would be the duty of the bailiff to hand them back to the debtor. ^ Ccwsai/ to Pischaroc of Acfiou.~\\,<, defendant m the origmal cause shall not discharge such action m any way without the consent of the plaintiff or judge. Sec. 230. ■ Costs of Enforcing Payment of Securities ~A\y section 231 it is provided that the party who desires to enforce payment of a security so seized, shall first pay or secure all costs. The moneys realized, or a sufficient part thereof, shall be paid over by the officer receiving the same, to apply on the plaintiff's demand, and the overplus, if any, shall forthwith be l>aid to the defendant in the ori.crinal action, on the direction of the judge. Date of Seizure to be /:>^/^?;;^■■>.«. shall aid in the execution of every suc'h warrant The keeper of the gaol of the county i„ >>l..ch the warrant has issued shall receive and keep the prisoner therein until discharged. Sec. 243 /■.«™//,,A.-VVarra„ts of con,n,it„,«i,t shall'bear elate on the clay on which the order is n.ade for c™u„,t„,e„t. They should have endorsed thereo, the amount of the debt and costs, or of fine and costs, to the time of delivery to the bailiff Warrants continue in force for si.x n,on(hs fron, date, and 1 ""ger, unless renewed by an order of the judge upon afifiilavit, showino- the rn,,c,. ,f • , ,. . , "'cuvmg tne caus<' of non-e.xecution, ■ ncl that the moneys payable thereunder have not been .satished. Rule 20? /^-^W The judge may order renewal for a further period, not exceeding six months, or, in his discretion, for a less period. Rule 204. The renewal of a warrant shall be made by the clerk, by marking on the margin or endorsing there- f^ii- (Kule 205.) "Renewed by judge s order for calendar months, from the day of A.D. 18 Clerk. Order May ie Rescinded or K«r/<.«'.- The judge before whom summons is heard, mayre.scind or alte; any order for payment previously made, and may ">ake any further order for the payment of debt or ^^ 0FFI:N{'K8 and I'KN.\I,TIE8. iir clamagesand costs. f.Jiwith. or by instalnu-nts, or |n any other manner that he thinks reasonable and just. Sec. 245. Impyisonment Docs Not lixtinonish /A-/;/— No nnpnsonment under the Act extinguishes the debt or other cause of action on which judgment has been obtamed, or protects the defendant from being sum- moned anew, or deprives the plaintiff of any right to take out execution against defendant. Sec. 247. Offetuu's and PenafticM. Contempt of Court.-^^c. 275. If a person wil- fdly Hisults the judge, during his sitting, or any officer m attendance on the court, or interrupts the proceedings, any baih'ff or officer of the court may by order of the judge, take the offender into custody' and the judge may impose upon the offender a fine not exceeding $20 ; and in default of immediate payment, the judge may. by warrant under his hand and seal, commit the offender to the common gaol for a period not exceeding six months, unless the fine and costs, with the expenses attending the commitment, be sooner paid. Resisting OJicers.-Sec. 276. If any officer or bailiff, or his deputy or assistant, be assaulted, while m the execution of his duty, or if any rescue be made or attempted to be made of any property seized under process of the court, the person so offending shall be liable to a fine of $20, to be recovered by order of the court, or before a justice of the peace o the county or city, and to be imprisoned for any 92 MisnoNDi'crr ok offickhs. 1^ P i ilHl' 1 IHPi's 1 term, not exceeding three months, and the baihff of the court, or an)- peace cfficer, may. in any such case, take the offender into custody (with or without a warrant), and bring him before such court or justice. Misconduct of Clerks and Bailiffs, etc. — Sec. 287. If a bailiff or officer, acting under color of process, is guilty of extortion or misconduct, or does not duly l)ay or account for all money levied (^r received by him, by virtue of his office, the judge, at a sitting of the court, if the party aggrieved complain to him, in writing, may enquire into the matter, in a summary way, and for that purpose he may summon and en- force the attendance of all necessary parties and witnesses, and may make such order thereupon for the repayment of any money extorted, or for the due payment of any money so levied or received, and for the payment of any such damages and costs to the parties aggrieved as he thinks just ; and in default of payment of the money so ordered to be paid within the time in the order specified, the judge may by warrant under his hand and seal, cause such sum to be levied by distress and sale of the goods of the offender, together with the reasonable charges of the distress, and sale. In default of such distress (or summarily in the first instance), may commit the offender to the common gaol of the county for a period not exceeding three months. [Seizing exempted goods is held to be misconduct entitling a debtor to damages.] Ext ortioti.— Site. 278. If a clerk or bailiff exacts or takes any fee or reward, other than the fees PUNISHMKNT oy IIMIAVV. illowcd by law, for anything dnnc. by 93 office, or on any account rel his d "Jties, he sh; virtue of his itive to the execution of pon proof thereof before th( court be forever afterwards incapable of beincr em- ployed ma court in any ofifice of profu and emolu- ment, and shall also be liable in d aggrieved. nnages to the party Aejrhoer^a' oj BaUiffs.-S^^. 279. If a bailiff, employed to levy an execution against goods, by connivance, or omission, loses the opportunity of so doing. tlTen. upon complaint of the party therebv aggrieved, and upon proof of the fact alleged to the satisfaction of the court, the judge shall order the bailiff to pay such damages as it appears the plaintiff has sustained, not exceeding the sum for which the execution issued ; and the bailiff shall be liable there- to Upon demand made therefor, and the bailiff refusing to satisf, the same, payment shall be en- forced by such means as are provided for enforcincr judgments recovered in the court. "^ If a bailiff neglects to return an execution within three days after the return day thereof, or makes a false return thereto, the party who sued out the writ may maintain an action in any court of competent jurisdiction against the bailiff and his sureties on the covenant entered into by them, and shall recover therein the amount for which the execution issued with interest thereon from the date of the judgment' or such less sum as in the opinion of the judge or jury the plaintiff under ihe circumstances is entitled to recover. Sec. 280. 94 KNFOUClN,n-. r^i ."MM-^• 1) ('.-7. ^ ft if 98 MONEY IK COURT. ! li ' whatever for any party to an action, forward through the post office, to the party entitled to receive the same, a notice, enclosed in an envelope addressed to such party, or in the case of a transcript of judgment from another court, then to the clerk who issued the same, at his proper post office address, informing hmi of the receipt of the money ; the notice thus sent shall be prepaid and registered, and the clerk shall obtam and file amongst the papers in the action the post office certificate of the registration, and shall deduct the postage and charge for registration from the moneys in his hands, but he shall charge no fee for the notice ; the absence from among the papers m the action of the certificate of registration shall be ^/-////^/^r/.^ evidence against the clerk that the notice has not been forwarded. Unclaimed Moneys.-~m sums of money which have been paid into court to the use of any party and which have remained unclaimed for a period of SIX years after the same were paid into court, or to the officers thereof, and all sums of money, when this Act takes effect, or afterwards, in the hands of the clerk or bailiff, paid into court, or to the officers thereof, to the use of any suitor, shall, if unclaimed for the period of six years after the same were so paid, form part of the consolidated revenue fund, and be paid over by the clerk or officer holding the same to the county crown attorney of his county, to be by him paid over to the treasurer of the Province • and no person shall be entitled to claim any sum which has remained unclaimed for six years. "ENERAL RULES. 99 The foregoing is qualified by section 296, which •says :-No time during which the person entitled to claim such sum was an infant, or of unsound mind or out of the Province, shall be taken into account in estimating the six years. Forfeit^^re of Fees by Bailiff. -^-M a bailiff omits to make the return of service of summons within the SIX days as required by Rule 183, he forfeits his fees payable to him ; neither can they be charged as costs in the cause. iienernl ItnleH and OMeis. The remaining sections of the Act-from 297 to 304, both inclusive, are devoted to the Board of County Judges-their authority to frame rules and am- ,. the same, etc. ;' c ion 298 and sub-section.s thereto, contain the principal provisions, which are as follows :— (i)-The Lieutenant-Governor may from time to T TuT ^'"'^ ''"'^°''''" ^^^ ^f ^he county judges who shall be styled " The Board of County JucCs' to frame general rules and forms concerning the {3ractice and proceedings of the Division Courts, and the execution of the process of such courts, with power also to frame rules and orders in relation to the provisions of this Act. or of any future Act respecting such courts, as to which doubts have arisen or may arise, or as to which there have been or may be conflicting decisions in any such courts. (2)-The Lieutenant-Governor may appoint any retired County Judge to be one of the members of the Board. ■I; ft. I il J I !i 100 POSTAGE, ETC. (3)— The board may also from time to time make rules for the guidance of cleriiik in each case, (in all) 27. Transnutting transcript of judgment ; or transmitting papers for service to another division, or to the judge, on application t,. him, inclu'.oney pa.d on de.nand, or nwule on ex .ut^r or cane settled after seizure ... . ^"*'^"*»«"' ^ ^^^ HHt made, per mile "■ """^ "'">•"« •'•"i-'iuent t„ p,.i,„„ i„,|„,,i„„ „|| expend, „„d a»,i.,ta„oe, p„r mile. ' .,q '0. Ever, ,cl,«l„,e of p^p^,., ,„.,„j^ „„.„,„;,■„ ',;. Not exceediiiL' $'20 » ' • . . 3Q Exceeding .^20 and not excer.Iing $60 "'"" 5^ Exceeding $60. . ' ' • "T ',T''- ",'■? '""^''y- "'""' p-p-'j by t/.e 1 .> I,, . •••■•. 50 execution or under attachment, each , - 13. Re..onable allowances and dishur.sen.ents, nece.sar. ily incurred xn .he care and removal of property («) If a bailiff removes property ,soi^e,l, he is entitled to he necessary disbursements in addition to the fees for seizure and mileage. i») If he takes a bond, then .0 cents instead of disburse- ments, for removal of property. (.) If assistance is necessary in the seizure, or securing eliZ? r ""f f"' "' P"P^^^>^' *h« bailiff S entitled to the disbursements for such assistance (.) All charges for disbursements are to be submitted to thj clerk for taxation, subject to appeal to the ^•TTrimrit i M muJiS Etma 12 12 »0 TAUIKK OK KKK.H. ie) The Imiliff must in nil ciist-.s endorse ,i nienjoniii(luin of all his clmrgen on the back of the execution, or state theni on u separate .slip of paper, ho that the cleik uuiy conveniently tax the l)ailit1"s fliarges for fees .uid tlisbursenients. (/) The clerk i.s in all cases to sign the memorandum of his taxation and preserve it among the pajieis in the cause, together with the execution, for future reference, and thereby enable the clerk to certify the bailiti"H retuins properly. 1 1, rf execution, or p. l,l;.^i^^ in attachment in the nature of executi 11 lie 6..t'sfied, in whole or in part, after seizu e ind bei re sale, whether by action of the pane; or «,(! irwise, the bailiff shall b(. entitled to dhf. ^^i and receive 3 per cent, on the amount directed to be levied, or on the amount of the value of the property .seizeii, whiche\er shall be the lesser amount. 1."). Poundage on executions, and on attachments in the nature of executions, 5 per cent., exclusive of mileage for going to .seize and .sell, upon the amount realized from property necessarily sold. 1U!» 3. FEES TO WITNESSES AND APPRAISERS. AUomtnce to Witneasea. \ Attendance, per diem, to witnesses residing within :\ miles of the place where the Court is held, if within tlie county v,^ -k And if without the county \ QO Attendance if witness resides over 3 miles from the place of sittings, and within the county, per diem 1 00 110 TAHIKI" (IK KKKH. per dwm '^ ' Harristers and s„Iioito.s, phy«iefans and surgeons^ on- ^.neers an,l v.torinary surgeons, other than par- ties to the cause, when ealle.l upon to give evi- ; "nee of any professional service rendered by- then., or to give professional opinions, p,,- ,tiel (Note ---Disbnrsen.ents to surveyors, architects «„d pro- t -s u nal witnesses, such as are entitled to specific fees bv «t.^ute, are to be taxed, as authorised by suol/stute ) ' rf witnesses attend in one case only, they will be en titled to tJ,e full allowance. If they ^tejid in more than one case, they will be en- titled t,> a proportionate pa.^ in each cause only The travelling expenses of witnesses, over 3 miles, shall l.« allowed according to the sums reasonab y a.ul Hotually paid, but in m, case shall exceed twen y cents p(.r mile, one way. ' $\ J;-h 4 GO FEKS TO AI'PHAISEitS. FecH of Appraisers of Goods, efc., Sci-cd „„,/,.,• m- 'iffachinenf. >KK» IN sum MOT EX<-HKI,JN.i «10, flerk. For a., services, from entering acti n, or suing out a juclgment or interpleader sunnnons, up to and -hiding the entei-ing of a.al.,udgmenLrH,;;;; o on any such Judgment, or interpleader -summons m case the action proceeds to judg. iiiont or final order . . '' ^ TAKIFK OK KEKS. Ill 40 1 00 In case tlu; notion does not proceed to ju(lf,nuent or final order, tlu^ fees heretofore, or that may hereafter be payable, but not exceeding in the whole the said sum. Kor issuing writ of execution, warrant of attachment, or warrant f(.r arrest of delin.jutint, and entering the return tliereto ... * ,-.a •? o\j lidilij). For all services rendered in .serving sunnnoiij^ and mak- ing return, and any other .sei-vice that may be necessary, before judgment is enterod by the clerk or pronounced by th.; judge, mileage ex- cepted For enforcing execution, .schedule of property seized or attached, bond, where necessary, !,nd all oUier necessary acts done by him, aftei izure, mileage excepte<], if money made, or case ,s(!ttled after l«5vy (Necessary disbursements incurred in th.^ care and re- moval of i)roperty shall luj allowed by the clerk, subject to the approval of the judge.) The changes from the old tariff are not very many, aiul will be quickly noted by those more immedi- ately affected. The fees to che clerk, under items i and 2, re- main the same as in the old tariff. So in replevin and interpleader suits, the value of goods regulate the fee. In item 3— copy of summons -the fee is increa.sed. from 20 to 25 cents. Copy of claim— item 4— the fee is increased from 20 to 25 cents. Copy of set-off— item 5- -increa.sed from 20 cents to 25 cents. 112 TARIFF OF FEES. In the former schedule this fee had to be paid bv defendant ; it is now costs in the cause ^ J.VTtht7"f'"^ '"'' -^tering-there is no change , the fee of 15 cents remains the same INo. 7 of old tariff, 25 cents, appears to have been t-quivalent. i^i cases an Item 8 of old tariff is made item 7 of tlie new .aUmg^c.,fessio„ of judgment The^fee :::r~ cle'rra^/r" '-'ff-ffidavit (if prepared by the changed ^''"""'«-'ng oath (item 9 of old), is >„,- Item 9 (formerly to), furnishing copies of papers has been „,„,,« ^ ^^^ ^^ ^ ^^^_^^ P ^ ^_^^.^. P r. words, for cert.fied copy for summons, and notices chart' of . r l""^'- ''"'' '''^^ '°'"°- ■-> cha^rge of 25 cents to be made for certificate there- sea'/oT th'e ^''"' '^ r"'' ^°' '=^""'>''"g ""'l<=^ 'he iudiml . T"- '"'' "'""^'"^ "■' '"eniorandum of udgn,ent and costs against a judgment debtor for the judgn,ent creditor, under the\>editors' Rel rf Act, ,s an item prope, '.y introduced here no fe'i'°,'r''-'''''' ^°' '"P''^^ °^P"^''' fo^ which "o fee ,s otherwise provided, required for service or transmission to the judge, remains as before, item " taripp—clebk's fees. 113 If exceeding two 'ios. 5 cents, per folio, may be charged. Items 13 14 and 15 are the same as allowed under the old tariff as i j, 12 and 1 1. The fee allowed under item 15 does not apply to any proceedmg on judgment summons. The one fee of 50 cents includes the service of recording at the trial, and entering order made, in procedure book. If a garnishee proceeding, before judgment, the fee of 50 cents will be allowed in each case, for the judgment in respect to the primary debtor, and for the adjudication against the garnishee. Item 16— subpoena to witness, 25 cents. In the old tariff thiF was 15 cents, under item 14. The fee of five cents for each copy required remains the same. Item 18— $1.25, includes summons for jury and copies required for each juryman, is an amendment to the old tariff, where the item (15) was. summons to each juryman, 10 cents. ^ Calling and returning jury, ordered by the judge IS made item 19, and a fee of 25 cents goes with it. ' ^ The fee on order of reference and orders requir- ing signature of the judge, item 2o-(i7, old )— re- mains unchanged, except made to include the final order on judgment debtor's examination. Item 21 (18, old,) gives the same fee for tran- script. 25 cents. The transcript to County Court has been done away with. D.C— 9 lU TARIFF — clerk's FEES. I f \': Item 23 :-Writ of execution, or warrant, socents and 24, renewal of same. 15 cents, stand as before' and were 19 and 20 of old tariff. Item 25, permits a charge of $, for bond-includ- ing affidavits of justification and of execution -for- merly 50 cents was the fee, under item 21. Items 26 (new), 22 (old), 27 (new), 23 (old). 28 (new), 24 (old), 29 (new). 25 (old), remain without change as to the fee allowed. Item 30, (26, old,) taxing costs. 25 cents, remains the same, but is only chargeable "after judgment has been pronounced." The additions are : — Item 31— Making out statement of costs in detail 10 cents. This includes the bailiffs fees, and this charge can only be made to the party at whose re- quest the statement is furnished. Neither of the items, 30 or 31, it will be seen applies to statement of costs endorsed on the sum- mons. Item 32-taxing baih-ff's costs, under section 7 of the Act of 1889, 25 cents -relates to bailiff's fees when the goods in his possession have been taken by the sheriff under The Creditor's Relief Act. BfiUi/f'M Fees. For the items i, 2, 3, 4, the fees are the same as in the old tariff. The fee of 15 cents, for calling parties and their witnesses, is extended to the hearing of judgment summons, for which the same fee is allowed. TAIUFF— bailiff's FEES. llo re. cl- if- fs Lit IS n These fees do not include service of sun,n,ons in replevin o,, defendant. . . . The value of the goods regulate the an,ount of the fees, as heretofore. Fees under " The Creditors' Relief Act," shall be ta..ed according to the tariff; that is, when goods in possession of the bailiff are taken by the sheriff Under section 7 of that Act, all costs and disburse- ■nen s of the bailiff shall be a first charge on the ,?ood,s, and shall be paid by the sheriff to d,e bailiff on demand, after being taxed by the clerk. The mileage item, under item S, in the old tariff IS divided into two items in the new table Going to arrest, under warrant, when arrest is made, 1 2 cents per mile. Carrying delinquent to prison, including all ex penses, 20 cents per mile. Practically the fees are the same as heretofore. The language of item 7, in the new tariff varies a mle from that of the old, but the mileage allowed is tie same-, 2 cents, for every mile, one wav. This does not permit a charge to be made for a fractional part ot a mile. Where an attachment has been issued aaainst an absconding debtor, or an execution against a j dg ment debtor's property, and the person who iufd be entitled .0 the proceeds insists u,on the bailiff niaking an attempt to find property, whereby mileage and expenses are to be incurred. Rule 298 says that 116. TARIFF — bailiff's FEES. {%:■ . It sha 1 b<. lecessary for a deposit to be made with the cler.., of the amount of bailiff's fees, and rro vided a proper endeavor (although unsuccessful) ha. been made by the bailiff, after such deposit of f ps to the satisfaction of the clerk (but subject to app< al to the judge), to secure property whereon to levy m such case the bailiff shall be entitled to his mileage. The items for making oui r^cheduk f of property seized-including affidavit of appraisal, when ner^s- s:iry, stand without any chang., at 30, 50 and 7. cen;s. ^ The fees ' .r taking bond and giving notices of sale—of 50 cents a : a 15 cents, remain as before. Reasonable ulloMa-ice:; and disbursements neces- sarily incurred, m the care and removal of property are qualified as follows : ^ /' (a) If a bailiff removes property seized, he is entitled to the necessary disbursements, in addition to the fees for seizure and mileage. W U he takes a bond, then to 50 cents, instead oi disbursements for removal of property. (c) If assistance is necessary in the seizure and securing, or removal, or retaining property, the baihff IS entitled to the disbursements for such assistance. (d) All charges for disbursements must be sub- mitted to the clerk for taxation, subject to appeal to the judge. (e) The bailiff must, in all cases, endorse a memo- randum of all his charges on the back of the exe.-u FEES TO WITNESSES. 117 tion. or state them on a separate slip of paper, so that the clerk may more conveniently tax the same. (f) The clerk is in all cases to sign a memorandum of his taxation, and preserve it among the papers in the cause, together with the execution, for future reference. In the old tariff these specific details find no place. The last item -1 3- of the old tariff, treated of the allowance for bailiff's poundage. In item 14 of new tanft-_,f the execution be satisfied in whole or in part after seizure, and before sale, whether by action of the parties or otherwise, the bailiff is entitled to receive three per cent, on the amount directed to be levied, or on the amount of the value of the proprty seized, whichever is the lesser amount. Item 15 gives a poundage of five per cent., exclu- sive of mileage, for going to seize and sell, upon the amount realized from property necessarily sold. Feea to Witnesses. These have been settled as follows :— Attendance, per diem, to witnesses residing within three miles of where the court is held, if within the county, 75 cents ; if without the county $1, per day is allowed. ■^' A witness who resides over three miles from the place of sittings, within the county, is entitled to $1, per day ; if outside the county, and more than three miles from the place of sittings, he gets $1.2,-, per day. ^ 11 lis FEES TO APPRAISERS. Barristers, solicitors, physicians, surgeons, en- gineers, and veterinary surgeons, when called upon to give evidence professionally, are entitled to re- ceive $4 per day. If witnesses attend in one case only, they will be entitled to full allowance. If they attend in more than one case, they will be entitled to a proportionate part only in each cause. I he travelling expenses of witnesses, over three miles, shall be allowed, according to the sums reason- ably and actually paid, but in no case shall exceed 20 cents per mile one way. the fees to professional witnesses have to be certified by the judge. 57 Vic, cap. 25. Fees to Appraisers. The fees to appraisers of goods seized under warrant of attachment are : — To each appraiser, 50 cents, per day, during the time actually employed ; to be paid in the first instance by plaintiff, and allowed as costs in the caus'j. Fees in Suits where Claim or Demand does not Exceed $10. Under 57 Vic, cap. 23, section 11, the following are the fees : — To the clerk for all services, from entering action, or suing out judgment or interpleader, up to and in- cluding the entering of final judgment, or final order on such judgment, or interpleader summons, in case the action proceeds to judgment or final order, $1.25. COSTS IN 910 SUITS. Ill) 1 For issuing writ of execution, warrant of attach- ment, or warrant of arrest, and entering the return thereto, 50 cents is the fee. The bailiff, for all services rendered by him— in serving summons and making return to clerk, or any other services that may be necessary, before judg- ment-is entitled to the fee of 40 cents, besides mileag-e. For enforcing execution, schedule of property seized or attached, bond, where necessary, and all other acts done by him, after seizure, mileage ex- cepted— if money made, or case settled after levy, the fee allowed the bailiff is $1. Necessary disbursements incurred in the care and removal of property shall be allowed, as in ordinary cases, after taxation. All costs should be taxed, when possible, on the day when the action is tried. Where it is evident that the work charged for has been necessarily performed by the officer, a reason- ably liberal construction should be given to the items of the tariff At the same time, it must be con- stantly kept in view by the taxing officer, that he cannot go beyond the reasonable import of the language employed The question of how the entries should be made for services in suits where claim does not exceed $10. has been asked by several clerks. The one answer given is, to rule an additional line for this in the fee book, at foot, enter the item, leaving a blank for the amount, until iudo-mpnt rf^arlied *^^ '^" •'" *' --,'- J o 1 v,«.!_..5;u, \.i^ Jill 1:1 liic ciiirics. 120 ITEMS, SPECIAL AND CSENEHAL. fleneral fnfoi'mation. To the numerous quesfJon^? daily asked by officers of the court, solicitor ..i.d agents, as to the construction to be put upoii certain items of the tariff, the foliuvi'lng general remarks may be applied : — Replevin.— \x\ replevin cases, th^ ^ • ' -^ of the goods regulate the fee. Interpleader. — In interpleader cases it is the duty of the baiiiff to ascertain the value of the goods seized, and to specify such value in his written application for interpleader. This will be always a guide lo the amount of the clerk's fee. Concurrent Summonses. —V^wX*:: [5 says that the costs only of the summonses actually served shall be allowed on taxation, unless the judge directs other- wise. Summons can only issue where there are more defendants than one, and they reside in dif- ferent counties. PVarnings. — No f ( e accompanies the servu ; of adding future days of sittings ur warning notices. Copy 0/ Claim.— ^'nditr the old aritf, this item was charged to plainth . when not furnished by him, the fee allowed being 20 cents, The new' tariff allows 25 cents to ')e charged, and th words " :.o be paid by the plaintiff," omitted. The fee is to be taxed against the party ordered to pa. costs. Set-off or Counterclaim. — Tii if 1 has bee- increased froi'i 20 to 25 cents, an is w also taxe. agait^st the party ordered to pay costs ; heretofore it had 10 be paid by defendant ITEMS iJlHCUSSED. 121 .S«w;w;w.— Where a case is settled before issue of summons, no fee can be claimed by the clerk for entering return. Con/e'ss/on.~Th^ fee of lo cents for taking con fession.does not include the affidavit and administer- ing oath, for which a fee of 25 cents is allowed. Cer/i^ied Co/>u's.—Thh fee has been made 5 cents per toho of 100 words-with 25 cents added for the clerk s certificate. Copies of p,n)ers for transmission to the judge and for which no f< is otherwise provided, carry a fee of 10 cents, each. Zh/ence.~A fee for entering defence finds no plar- amongst the items of the new tariff. Item 13 gives the fee of 15 cents to the clerk, for every notice required to be given by him. . lffidavits.—\\. is a condition that the affidavit has been prepared by the clerk to entitle him to the fee of 25 cents allowed. ''^^"^^^- The clerk is only entitled to a fee for notices hich are retptired by the Act or Rules or under order of the judge, to be given. The clerk is entuled to the necessary postage, but to no fee for mailing. Entering JudgmcNf.-Th^ one fee of 50 cents in- cludes all services, of recording and entering. Under sec. 4 of 57 \'ic., cap. 23, (which amends sec. 144 ) the judge may postpone giving judgment until it i^ convenirnt for him to give the same. When receiv- ed by the clerk . f the court, tiie latter is o!>!i-ed. 122 ITKM8 DIHCITHHRD. li ill MH^ forthwith, to enter the judgi jment, and notif> the parties. The giving of the necessary notices would be the only additional charges to which the clerk would be entitled. Snmvionini^ Jurors.- The fee for this service is now $1.25. which includes copy for each juryman Sections 155 and 156 of the Act are amended, so as to read that the party giving notice requiring a jury ''shall at the same time deposit ivith the clerk toivards costs in the cause, the proper fees for the expenses attending the summoning 0/ the Jury r Where there are several cas^s tried by a jury, the costs of summoning should be proportionately di- vided. The fee for calling a judge's jury is 25 cents The section of the Act (168) with reference to this Item has been amended, and now rt.xds-'^ and each nu'or so called and sworn shall be paid the sum of 10 cents" .SV///m^w/.-Where a case put on the judge's list is settled, before being called in court, the clerk would not be entitled to the fee of 25 cents allowed by item 20. The case having been withdrawn hy the parties from the judge's authority, he could make no order after settlement. Settlement by the defendant, or payment by him into court of the amount, must be made with or to the clerk of the court in which the suit was entered ; or he must be notified. Where a cause is adjourned, no order of adjourn- ment shall be served, except by direction of the judge. KKKH (IN TRANSCIUH-IX I2:j ^[scontinuance of Actwn.-\\\,^ri, a plaintiff dis continues the action he shall give notice in writing to the clerk and defendant, and the latter may apply to the judge for an order for his costs. Ruh- 252 Where, in a contested case, the defendant has prepared for trial, and before the court sits the action .s withdrawn, the judge may order payment of all costs, and also counsel fee and disbursements. TmnscripL~^ transcript of judgment to another court must issue from the court in which judgment had been originally recorded, and should in all cases be mailed direct to the clerk receiving transcript. The proper amount of a foreign clerks fees on the notice oi nulla bona return to an execution issued under transcript of judgment (sec. 218). would Ik- • 5 cents for receiving ; 50 cents for execution ; i . cents for entering bailiffs return, and 15 cents for not.ce of return. Postage and registration would also be added. Some clerks fall into the error of putting costs at $1.03, and collecting that amount from the defendant, whereas they are only entitled to collect 80 cents, that is, receiving, 15 cents ; issuing, 50 cents, and entering return, 15 cents. Transcripts cannot issue where proceedings have abated, or in a case where .10 warrant or judgment summons shall have been issued on a judgment more than six years old, unless by leave of the judge. In cases brought to trial, a clerk should not issue a transcript of judgm^'iit until the lapse of fourteen days from the trial, unless by order of the judge li.., p f i ; I' 124 AS TO TIfANSCKlHTS. m m After a transcript has issued, the home court has; no further right to deal with the case, except by order of the judge, or under 52 Vic, cap. 12, sec. 24, which requires the fiHng of an affidavit of tacts with the clerk to warrant the issue of any further process. He cannot, either as agent for the judgment creditor or otherwise, order that the money made shall be transmitted to himself or to any other person. All transcripts of judgments must now be prepared uPon a whole sheet of foolscap, and should be care- fully v\Titten, without contraction of words or figures, in a plain hand, or be printed without contraction of words or figures. The fee for transmitting a tran- script of judgment to another division and mailing, including necessary entries, but not postage, is 25 cents. By the amending Act, 57 Vic, cap 23, sec 8— sections 223, 224, 225 and 226 of the Act are repeal- ed as to issuing transcripts to County Court. In case an e.xecution against goods is returned ffu//a /Hwa, and the sum remaining unsatisfied on the judgment, on which the execution amounts to $40. the party in whose favor the judgment was entered may sue out an execution against the lands, of the party in default, and an execution against lands shall issue direct to the sheriff of the county in which the return of nn/Za bona had been made, or to the sheriff of any other county in the Province, in which the lands of the party in default may ' be situated. UETUBN OF WRITH. 12;-) The sheriff must make his return to the cieri< of the court, and pay over to the clerk any money made. ^ No execution against lands can issue to the sheriff unix\ '^, nu//a dona r<,iuvn has first been made in the case by the bailiff of the court. ^ The fee of 30 cents provided by item 28— Receiv- ing papers from another division for service enter- ing the same, handing to the bailiff receiving and entermg h.s return, and transmitting, is coupled with the. condition-" if the return made promptly, not otherwise -and should be borne in mind by the officers of the court. COHfs. The fee for making out a statement of costs in •detail has been increased from 5 to ,0 cents, and must show items of bailiff's fees allowed, if any. The clerk shall determine the number of witnesse-s to be allowed an taxation. He should satisfy him- self that the witnesses attended, and that the claims are just, and may require to be furnished with an attidavit of disbursements. On returning process, etc.. received from a forei^.n court the clerk should give a correct statement in c etail of the items of all charges made for fees and disbursements, or execution of {)rocess. The fees marked in the schedule are the only fees to be received by clerks and bailiffs. 120 DUTIES AND FJiKS. ' 1 i It IS the duty of the clerk to see that his bailiff is. vi.o^ilant in the performance of his duties, th^it all returns of process are made promptly, and to enforce the penalties for negligence, by disallowing the fees where the officer is culpable, and does not make returns within the time required. Recent changes in the tariff will, upon the whole, be found more favorable to the bailiff. What are considered reasonable disbursements are now more accurately defined. So are the items relating to the bailiff's poundage. In this connection the officer should remember that it is o^\y after seizure he can justify his claim. Under Rule 298, where the party having the con- trol of an execution or attachment insists upon the bailiff making an attempt to find the property whereby mileage and expenses are incurred it is necessary that a deposit should be made with the clerk, of the amount of bailiff's fees ; and provided a proper (although unsuccessful) endeavor shall have been made, to the satisfaction of the clerk, the bailiff IS entitled to his mileage. This is an advantage over the old state of things, when, no matter what trouble a bailiff took, or what expenses were incurred by him, he got nothing for his trouble, unless he made the money. Item 6 (and not item i) settles the fees to which a bailiff is entitled for enforcing writ in replevin. Where a second execution is received, while goods under seizure, a bailiff is entitled to a fee for " en- HINTS FOK BAILIFF. 127 forcing the same. That does not necessarily mean another seizure, but the realization of the money. Neither would the bailiff be entitled to fee for schedule on the second execution, the property bein^ already m the custody of the law. ^ '^ ^ ^ Where a bailiff has several summonses or execu- tions in his hands, in different suits, and serves and executes them in one journey, he is entitled to mile- age in each case, and to his proper fees. Where a bailiff travels to serve several defendants m one suit, he is not entitled to mileage from the clerk s office upon each, but only to mileage from place to place, on the distance actually and neces- sarily travelled. A bailiff is entitled to no fees whatever, where bv his own act. he abandons seizure, except as under Kule 298. A bailiff is not entitled to fees when he acts upon an execution, or other process, that has expired. A bailiff gets his mileage on going to seize, but none on going to sell. The poundage fees cover the latter. The clerk is liable to the bailiff for his lawful fees when he requires him to act. No mileage is allowed for ineffectual attempts to effect service ; only when the service is effected, and hen for the one journey, from the clerk's office to the place of service. If a bailiff has travelled twenty m.les to a defendant's residence, and does not find him at home, but meets him within two miles or 128 HI\TS FOR BAILIFFS. less, of the clerk's office, he would be entitled to mileage only for the shorter distance. When a bailiff makes an arrest, h. is entitled to receive only the fee of 20 cents per mile from the place of arrest, for taking to prison, no matter what disbursements he may have incurred on the way J he conveying of his prisoner by rail, if it is the nearest roun^ makes no difference. An execution cannot be legally enforced, nor a warrant of commitment executed, by a bailiff's assist- ant-only by .he bailiff himself, or his properly appointed deputy, can this duty be performed 1. COURTS AND CLERKS. 129 :o TABLE I!. List of Division Court Clerks, their Post Office Address the County and Number of Division in which their Courts are • "onf" '^'Z''' *'" ^'•"^■""■« ^^ O'lta^io, up to 31st December, 1893, and changes up to date. County. Algoma Brant Bruce Oarleton I 3 1 2 3 4 6 Name of Clekk. E. Biggins Thomas Sullivan . Wni. L. Nichols John Mackintosh Wm. J. Smith . . 3 4 5 ~T 2 3 4 5 6 7 8 9 10 Joseph Robinson . John K. Finlayson. David Baptie. Hy. Cox Walter E. Hooker . Wm. Collins . . . . H. B. O'Connor.. Joseph Barker . . N. McKechnie . . Robert Munro . . Hugh Murray . . . A. Neelands .... James Walmsley . Angus Martyn . . W. Moshier J. R. Armstaong. . Wm. Henderson . . Uy. W. McDougall W. P. Taylor.. .., John Kerr ........ Daniel McLaurin . F. W. Haruif r . . . . Post Office Address. Sault Ste. Maiie. Bruce Mines. Thessalon. Webbwood. Richard's Landing. Brantford. Paris. St. George. Burford. Scotland. Walkerton. Teec water. Kincardine. Paisley. Port Elgin. Underwood. Invermay. Wiarton. Ripley. Lion's Head. Ottawa. Fallowfield. Carp. Eitzroy Harbour. Kars. Metoalf. Hintonburg. -Hi 130 County. Duffeiin iil Elgiji Essex fl /' Front enac Haldiiriand COURTS AND CLERKS. Name ok Clerk. Jcseph Patullo Eras. G. Dunbar Wni. Love Jameis Henry. R- E. Hamilton . . A. Love ] Alex. McBride '. . Alex. McBride A. N. C. Black Post Okfick AoDitEsa. Orangeville. Shelburne. Stanton. Mono Mills. Grand Valley. James A. Stewart J. H C. Leggatt -I!'. Allworth Aylnier. St. Thomas. St. Thomas. Dutton. C. Bell George A. Morse. E. P. Bouteiller. John McCrae . . . . . John Milne ^^m. A . Mcintosh" Wm, J. Robhl^i^ P. McKim .... C. Ruttan W. H. Reynolds '. John McGrath Jesse Shibley ..... -Benjamin Allen . . , David Jackson, jr . Thomas Plunket T. J. Rorke ....■■ J- W. Armstrong . John McDonald Duncan Campbell Richard Stevens . D. McGregor .... Bavid T. Rogers . . T. Armour R- A. Havill .. . . Elgin Birdsall C. E. Bourne . . . Sandwich. Amherstbur". Kings ville. Oxley. Leamington. Belle River. Windsor. Essex. Comber. Kingston. Kingston. Sydenham Verona. Sunbury. Sharbot Lake. Owen Sound. Durham. Meaford. Heathcote. Flesherton. Chatsworth. Hanover. Markdale. Caledonia. Cayuga. Dunnville. Rainham Canboro'. Jarvis. COURTS AND CLERKS. 131 COLNTY. Haliburtori Halton . . . . , Hastings Huron Kent Name of Clehk . Post Office Address. C. D. Curry . Wm. Prust .... Stephen Kettle Wni. Pauton . . . R. Baliner Lachlan Grant R. J. McNabb Neil McPhail . . . James Robinson Harford Ashley Pras B. Prior ..." A. B. Randall T. McCann . . F. B. Parker . . . ." .' Arthur W. Coo A. S. ValJeau ....." James B. Young Marcus H. Powell '. . Dermott Kavanagh. Charles Seager John Beattie . W. W. Farran A. Hunter. . . . Charles Snell James Whyard John Moi-gan . . James McGuire Joseph Cowan M. Zeller Wm. Lewis Wm. Campbell . Minden. Hali burton. Ursa. Milton. Oakville. Georgetown. Acton. Nassagaweya. Burlington. Bdieviii^^ Wallbridge. Shannonvjlle. Tweed. Stirling. jMadoc. Deseronto. Trenton. Marmora. Umfraville. ij 4 W. B. Wells . I J. Djck . . S. Wallace Archil)ald Samson D. C. McDonald , . . George Moore D- K. Farquhai-soj) Goderich. Seafortb. Clinton. Brussels. Exeter. Dungannon. Bayfield. Wingham. Wroxeter. Zurich. Crediton. Blyth. Chatham. Ridgetown. Dresden. Blenheim. Wall ace burg. Bothwell. Fletcher. !*-• 132 COURTS AND CLEnKS. County. Lambton Lanark Leeds itGrenville Lennox & Add'n Lincoln pill o2 1 2 3 4 5 6 T 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6 7 1 2 3 4 Name ok Cleuk. H. M. Pouesett . . . Wm. McLeay John Webster . . . William W. 8tover. T. R. K. Scott, . . . Martin Wattsun .. John McRae .... W. G. Fraser 1 2 3 4 6 6 7 8 9 Richard Corle . R. Janiieson W. A. Field F. McEweii . . . G. F. McKinmi . . . Alex. Graham Wm. P. McEwen. D. B. Joneis ..... J. B. White . . . . S. McCammon . . . Oliver Bascom . . . E. H. Whitmarsh . L. N. Phelps Cyrus A. Wood . . . L. S. Lewis Isaac C. Alguire G. Fairbairn J. B. Bellamy . . . M. J. Connolly . . George D. Hawley . Fred. W. Armstrong Joseph A. Allison . . P. Johnstone W. Whalen J. A. Timmerman . . James Aylesworth , . James B, Secord . W. A. Mittleberger , Isaac Springstead Post Okkice Addkkhs. Sarnia. Watford. Florence. Sonibra. Florence. Thedford. Mooretown. Petrolea. Alvin.ston. Perth. Lanark. Carleton Place. Smith's Falls. Pakenham. Almonte. Brock ville. Prescott. Gananoque. Kemptville. Merrick ville. Philipsville. Toledo. Newboro. Athens. Spencerville. North Augusta. Caintown. Napanee. Bath. Adolphustown. Camden East. Centreville. Odessa. Tamworth. Niagara. St. Catharines. Abingdon. C. E. Rigging I Beams ville. fOUKTS AND CLEKKH. I :i;{ Cor.NTY. Manitoulin Middlesex M uskoka Nipissing .T Norfolk Northumberland and Durham. f N'ame ok Ci.kkk. 1 2 ;? 4 ') 6 7 8 9 8am uel Jackson . John Carruthers VV. J. Tucker . . . Post Okkice Addhess. John W. AlcTntosh . William Dickson . . Robert J. McNamee W. C. Harris G. Wilson Ed. Rowland Ed. Thos. Shaw .... Walter R. Westlake E. 8. Jarvis Gore Bay. Little Current, ^fanitowaninfj. 1 T. M. Bowerman . 2 W. R. Tudhope... 3 J. R, Reece •t I Fred. D. Stubbs... T~ 2 3 4 5 Ijondon. Parkhill. Lucan. Delaware. Glencoe. Strathroy. Dorchester Arva. London. Station. 1 o mi 3 4 5 6 7 8 J. D. Cock burn . . John McMeekin . . . John G. McCor;nack Thomas J. Ryan . . Bracebridge. Gravenhurst. Huntsville. Port Carling. 1 2 3 4 5 G 7 8 Charles E. Freeman Abraham M. Tobin . R. Green James F. Cohoe . . M. J. McCall 8. P. Maybee .... D. C. Brady Lawrence Skey . . . Sturgeon Falls. Mattawa. North Bay. Sudbury. F. Cubitt S. Wilmott G. M. Furby Henry Elliott A. G. Boswell _ , . Thomas E. Lawless. S. S. Brintnell . . . R. B. Macklam . . . Simcoe. Waterford. Windham Centre. Ronson, Vittoria. Port Rowan. Houghton. Port Dover. Bowmanville. Newcastle. Port Hope. Millbrook. Cobourg. Grafton. Col borne. Brighton.' ^'"1 f'OST OKKICE ADiJMKSf . Warkworth. Wooler. CampbellfortJ. F. W. Mucqueen Charles K. Currey James Munro James Barr James Stevens John C. Ross . . . . Whitby. Greenwood. Port Perry. Uxbridge. Cannington. Beaverton. Uptergrove. David Patterson *'''i)'iam Ditchburn "''•' Ufer Sharpc . . . Sanniel G. Best i.i Woodstock. Drumbo. Embro. Norwich. IngersoU. Tilsonburg. B Maw Varies Dunn Peterborough 1 2 3 4 5 6 T 2 3 4 J. W. Main Thomas K. Beatty. John Harris ..... David Pearcy D. B. Bunitt George K. Matheson E. Long G. Brown Thomas Trow . F. W. Hav ."; McKell.'u- Rosseau. Buil-'s Fails. Maganetawan. Coramanda. Sundridge. Brampton. Streetsville. Caledon. Bolton. Francis James Bell Thomas Eraser . . , , James McNeil W. Sherin ." C. R. D. Booth . . . . Stratford. Mitchell. St. Mary's. Shakespeare. Milverton. Listowel. Peterborough. Norwood. Keene. Lakefield. Apsley. COURTS A.VU CLEKKs 135 County. PrescottA'Russ'll Prince Edward Rainey River Renfrew .... Simcoe 1 2 3 4 f) 6 7 H 9 10 11 1 2 3 4 5 6 7 8 1 2 3 4 5 G 7 8 1 2 3 4 5 6 7 8 9 10 Name ok Clehk. David Fiuchan John Shield.H . . VV. Allison. . , . Joseph Belanger Post Okpick Addhkss L'Orignal Vankleek Stai'dale. Plantagenet Hil J. 8. Cameron CuinlH-rland A. Car.son M. J. CoHteP J. Downing F. W. Lang. Telesphore ] . Peter Stewart cuon, G. C. Curry Henry Hul. Haight Charles H. Wright William C. Delong John W.Clarke.. . A. B. Savior J. M. Cadnian B. E. Harrison ... Russell. Hawke.sbury. Fournier, Alfred. Clarence Creek. Granr. P. H. Clark .... William Wilson. W. C. Irving Hugh R. Dunn . . . . George Eady, jr. . . . George E. Neilson . . Thomas F. Gorman. James Reeves .... Robert Allan J. C. Gurnev Picton. Mllford. Demorestville. Ameliasburg. Wellington. Blofinifield. Consecon. Waupoos. Rat Portage. Fort Francis. Pembroke. Beachburg. Renfrew. Arnprior. Shamrock. Eganville. Cobden. Rockingham. J. C. McNab Thomas S. Graham George Chrystal . . . R. G. Campbell . . A. Craig J. P. Henderson .... J. A. M.ither J.G.Hood Andrew McNamara J. C. Steele Barrie. Bradford. Beeton. Col ling wood. Craighurst. Orillia. New Lowell. Alliston. Penetanguishene. Coldwater. m MICROCOPY RESOLUTION TEST CHART (ANSI and ISO TEST CHART No. 2) 1.0 I.I m 2S m ■ 4.0 [1 2.5 2.2 2.0 1.8 1.25 1.4 1.6 ^ APPLIED IM/1GE Inc ^^ 1653 East Moin Street r.S Rochester, Ne« York 14609 USA ;~ (716) 482 - 0300 - Phone ass (716) 288 - 5969 - Fox 1.36 COUHTS AM) CLKHKS. Coi'NTV. Stonnont, Dun- da.Sit'Glengarry I** Victoria. Waterloo Wei land Thunder Buy . = 1 a 1 2 3 i 5 G 7 8 9 10 11 12 ~ 2 3 XA.MK ok t'l.KHK. a. H. McGillivray.. Dougall B. McMillan C. J. Mattice Asaph Dawson .... J. k Tuttle .'.*"" W. J. Ridley.. .. J. A. Cock burn.... I Duncan C. McUae i W. Rae I D. :McInto.sh i John D. McTnto.sh . . i Post Okkick Address. Williamstown. Alexandria. Cornwall. Dickinson's Landing Morri.sburg. Iroquois. South Mountain. Crys'f.r. North Lancaster. Chesterville. kStrathniore. Doniinionville. 1 2 3 4 5 6 7 1 2 3 4 5 6 1 2 3 4 5 I NeilMcDougali I John Aikens . . . . William McLean Peter McTntvre Edward D. Hand Irvine Junkin . . . Jas. D. Thornton O. J. McKibbin . . J. F. Cunnings . . A. C. Graham . . A. J. Peterson . . James D. Webster . Thomas Field J. Allchin Alfred Boomer . . . Wm. H. Winkler . W. D. Watson . G. L. Hol)son .... Paul J. Wilson . . . Ernest Cruikshank. J. A. Orchard . . . T. F. Conlon, jr. . . A. K. Hchofieid . . . . I Port Arthur. ■ j English River. I Fort William. . ] WoodvilV. . i Fenelon Falls. . ! Bobcaygeon. . ; Omemce. . I Lindsay. I Oak wood. . I Victoria Road. . Berlin. . I Preston. , I Gait. ' New Hamljursj. I Lin wood. I St. Jacob's. I Ayr. Welland. Marshville. Fort Erie. Niagara Falls, Soutl Thorold. Port Colborne. COURTS AND CLKRKS. 137 COIXTV. II 1 \a.mk ok Clerk. Post OFricE Addaks.s. Wellington . . . . George Hovvm-d . . . . Guelpii. 2 \\ illiam Nicoll Morriston. 3 Hugh Black Rock wood. 4 T. W. Thomson . . . . Fergus. n Thomas Young . . , . Erin. 6 Henry Clarke . . . Flora. 7 L. R. Adams Drayton. 8 Daniel DriscoU . . , Arthur. 9 Joseph Patullo .... Oiangeville. 10 John Livingston r r • Harnston. 11 1 J. C. Wilkes Mount F(jrest. Went worth .... H. T. liunhury . . . Hamilton. ■2 F. D.Suter Dundas. :i Hugh Thompson . . . Waterdown. 4 W. McDonald .... Rockton. 5 A. G. J.mes Stoney Creek. (i L. A. Gurnett .... Ancaster. t J. .McCleinent . . . Glanford. 8 Samuel C.Wright.. Binl)r()ok. 9 1 R. L. (xunn Hamilton. i'ork A. McL. Howard . . Toronto. 2 J. Stephenson .... Unionville. 3 J. ^r. Lawrence . . . Richiiumd Hill. 4 D. Lloyd Newmarket. o Warren P. Cole . . . Sutton West. 7 A, Armstrong .... John Nuttrass . . . . | King City. Woodbridire. 8 John Linton ' Toronto Junction. U J. H. Richardson . West Hill. 1 10 E. H. Duggan .... Toronto. 138 COURTS AND BAILIFFS. TABLE C. List of Division Court Bailiffs, their Post Ortice Address, the County and number of Division in which their Court's are situated, for the Province of Ontario, up to 31st December, 1893, and changes up to date. County. Algoma Brant Bruce Ex. S o2 Name oe Bailikf. 1 2 3 4 6 T 2 3 4 5 3 4 5 6 7 8 9 10 Robert Rush John Knight Fred. Leighfield . . . William Irving . . , Daniel McPhail . . . Joseph Jack.son . A. Huson David B. Wood . Daniel Dunn . . . A. M. Malcolm . , M. Thompson j P. Corrigan ) John Farquharson Alex. Campbell . . W. W. Hogg M. Hunter Gore Leggett. ... Charles A. Richards H. Trout John Ritchie Edward Barley | Post OFFrcK Address, Sault Ste. Marie. Bruce Mines. Thessalon. Webbwood. Marksville.St.Jos.I. Braniford. Paris. 8t. George. Burford. Scotland. Walkerton. Holy wood. Teeswater. Kincardine. Paisley. Port Elgin. Underwood. Tara. Wiarton. Ripley. Lion's Head. COURTS AND HAILIFFS. 139 ■County. "Oarleton DufFerin Elgin Essex Frontenac o2 c 2 3 4 5 6 7 T 2 3 4 5 T 2 3 I 4 T 2 3 4 5 6 8 9 Name of Bailiff. ( E. A. Lapierre . \Joliii Whitton . VV. H. Hamilton Willium Falls . . , Ed. W Owens. . . Wesley Hicks . . . John Watt A. Wilson Post Offick Admhksh. Ottawa. Ottawa. Richmond. Carp. I Antrim. Kars. ! Metcalf. Hintonbui'sh. Janie.s McQuarrie E. F. Bowes .... A. Oauthers .... James JNIcQuarrie Alfred Finbow . . . W. W. Wliite Henry Thornton . . . Henry Thornton . . . Duncan McGrenur. Orangeville. Shelburne. Stanton. Orangeville. Grand Valley. Alois Master /William Kelley \C. Wright.. .. John S. Middough . W. L. Hughson ... Jesse T. Brown . . Charles F. Cornetel /Fred A. Malloux . . [J, S. A.skew Aylmer. St. Thomas. St. Thomas. Eagle. Raphael Marion , I Geoi'ge Greenwood . 1 J. A. Gardner ... John A. Gardner Edmund G. Ruttan . Isaac L. Smith William J. Arthur. . Matthew W. Price. Samuel Mitchell Sandwich. Amherstbursr. Amherstburg. Ivingsville. Harrow. Leamington. Belle River. Windsor. Windsor. Es.sex. Chevalier. { Wolfe Island. Kingston. Kingston. Sydenham. Verona. Battersea. Mountain Grove. Plevna. ^ • uo COURTS AND BAILIFFS. ('()L:.NTY. Grey Hi aldiinaiid Haliburton Haltoii Hustings Namk ok Bailikk. 1 2 3 4 5 6 7 8 1" 2 3 4 ;■) G James Sharpe, jr. James Carson . . . (teorye Biown George Mitcliell . A. S. Vandusen . W. B. Simpson . Jolin .Small .... W. G. Pickell . . . . Daniel T. Hind Andrew Finlan , W. R. Mclndoe, David Byers . . Eli Piper.. ..'... F. Hart well . . . R. C. Gairatt, 3 4 5 6 1 2 3 4 5 6 7 9 10 12 Adam Graham J. A. Fraser Robert Lucas Alfred Benham . . . . John Lawson I Jacks'n Worthington J. W. Hend erson /John H. Gordon . . (Jones Phillips W. D. Ketcheson . W. E. Pearsall . . . . W. J. Bowell . . C.Butler John Allen Huff . . J. G. Ferguson . . . , /Wm. Henr} Garratt t Lewis Cruikshank. . James C. Bowen . . . rWalterMullett.. j (B. H. Sweet ! Post Ofkick Addhehs. Owen Sound. Durham. Meatord. Clarksbury. rlesherton. Chats worth. Hanover. Markdale. Caledonia. Cayuga. Dunnville. Selkirk. Canboro'. Jarvis. Miaden. Haliburton. Ursa. Milton. Oakville. Georgetown. Acton. Canipbellville. Burlington. '■ ' Belleville. Foxboro'. Wallbridge. Shannonville. Tweed. Stirling. Madoc. Deseronto. Trenton. Trenton. Marmora. Bancroft, Bancroft. COURTS AND BAILIFFS. 141 H8. Kent Lanibton Lanark 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6 1 2 3 4 5 6 7 8 9 John Knox Joseph I). Biine . . F. Dickenson . . . . Finky 8. Scott . . JohnGill Joseph Mai lough J. Ferguson . . . . Francis Patterson John Brethauer. , Phillip Sipple. . . . J. Beanes James Davis .... I Goderici.. j Seaforth. j Clinton. ^ Brussels. j E.xeter. I Dungannon. I Bayfield. I Winghani. \ Wro.xeter. I Zurich. Crediton. BIyth. /Charles J. Moore. (T. H. Nelson , . . William Tetzel . . .' Alex. Cuthiiert . j\V. Fellows tJolmM. Burke. . . Thomas Forhan . . . /G. A. Bobier . . . \ S. J. Thomas .... M. Dillon Robert Miller. . J.F.Elliott Richard L. Bobier. N. Cornwall Eugene Mason . . J. G. Braddon . John McGill , . . . . John Sinclair W. Fitzpatrick . . . 2 3 4 5 G |P. J. Lee 1 James Patterson . James D. Mclnnes . John McPherson . James Murray . . Arthur H. Eflis . . John Slattery Chatham. Chatham. Ridgetown. Dre,sden. Blenheim. Blenheim. ^\'a]lacebui'g. Than>esvi]le. Bothwell. Merlin. Sarnia. Watford. Florence. Sombra. Wyoming. Thedford. Corunna. Petrolia. AlviiLston. Perth. Perth. Lanark, Carleton Place. Smith's Falls. Pakenham. Almonte. 142 COURTS AND BAILIFFS. County. LeedsAGrenville Lennox & Arld'n N-\MK or Daii.ikk. ) Henry McPhail . lUnMar«lmll ... Charles H. Rowe Ed. McE. Hi.scofks J. Dickin.son . . P. Dowdall.. ...'.' |W. H. Deiiaut, jr. . \S. R. Ransom . . . . R. Richards . . /Chester Stewart (Delornia Deacon O. W. Browii r William Stilt, jr. . 1 James P. Lawrence. ►S. J. Whaley . . W. J. MalL.Vv . . Post OKKrcE Address. Lincoln Manitoulin Middlesex Z. Ham R. R. Finkle . . . D. Daverne Z. Ham P. Vandewater . John W. Denyes (P. F. Carscalien -, Andrew Cowan [Thomas Neal. . . . P. Henigan Richard E. Boyle A. D. Lacy James F. Carter , . Neil McLean, jr. r>. McKenzie . . . John Gorley ... Brock ville. Brockville. Prescott. GrananOf|ue. Kemptville. Merrick ville. Delta. Delta. Frankville. Newboro. Westport. Athens. Spencerville. I ypencerville, I North Augusta. Mallorytown. I Napanee. Bath. Adolphustown. Napanee. Centre ville. Odessa. Tam worth. Vennachar. Cloyne. John Burns Edward Manes . . G. W. Hodgins . . Henry Lockwood James Poole Malcolm Mclntyie . Niagara. Merritton. Smithsville. j Beamsville. Crore Bay. Little Current. Manitowaning. 211 Richmond st., Parkhill. [London. McGillivray. Del.aware. Strathburn. Strathroy. COURTS AND IIAILIFF8. ua E68. ('OUNTV. o2 ID Nipissim 7 8 9 T 2 3 4 3 4 Name ok Bailikk. John Beverley Charles Smith. L. W. Stevens Post Okkice ADOKEbH. W. J. Hill T. M. Robinson . William Ramsey E. M. Davidson. Dorchester Station. Arva. Ixmdon. Norfolk Louis Joudouin Ed. J. Smith . . . . . Charles Lamarche M. J. Powell Bracebridge. Graven hurst. Huntsvilie. Port Carling. Northumberland and Durham. Ontario E. G. Wells Edward Grace D. C. Wood . . . .■ Robert Power Joseph W. Shearer Henry C. Ellis . . . H. J. Mitchener. Hiram Fairchild. I Henry Metcalf . . . . N. A. Jerome John Grimson William Carveth O. Dean " Thomas Patterson. John Reives Jay Chapin Luke Berry Arthur Terrill . . . . Thomas G. Gillespie J- W. Palmer Levi McKay . . James D. Paxton J. C Widdifield .... R. J. Harwood .... James C, Edgar .... Joseph Fox . Sturgeon Falls. Mattawa. Mattawa. Sudbury. Simcoe. Waterford. Simcoe. Delhi. Vittoria. Port Rowan. Clear Creek. Port Dover. Bowmanville. Orono. Port Hope. Millbrook. Cobourg. Grafton. Col borne. Brighton. Wark worth. Wooler. Campbellford. W^hitby. Greenwood. Port Perry. Ux bridge. Cannington. Beaverton. Miliiiii/ton. 144 County. Oxford Parry Sound, Peel Perth Peterlx) rough PrescotttfeRuss'll corrtTs AND haimpfh. Name ok Bailikk. Post okkick Addkkhs, [M. Virtue IM. Virtue, jr. .. L. S. Kennedy . . George C. McKay William Stroud . W. H. Cody . . M. Dillon ... Woodstock. Woodstock. Richwood. Embro. Norwich. Ingersoll. Tilsonburg. /T.W.George .... ( Duncan McRae. . W. J. Moffat Jame.s G. Dixon .... Charles W. McKague Joseph WiLson David Ricker I Archibald McDonald! Parry Sound. French River. McKellar. Ros-seau. Bark's Prills. Mfiganetawan. Comnianda. Sundridw. Geo. William Broddy John H. Glendening James K. Le.slie . . . . i J. C Switzer . . (Thomas Tobin . . \ Thomas S. Tobin J. S. Coppin . . . William Box J. W. Donaldson W. D. Weir W. H. Hay..... . I Brampton. i Streetsville. Caledon. Albion. Stratford. Stratford. Mitchell. St. Mary's. Shake-spcire. Milverton. Listowel. Joseph Griffin . . . A. R. Anderson Joseph Elmhirst Thomas Nicolls . . . Thomas McTlmoyle Peterborough. Norwood. Keene. Lakefield. Burleigh. S. Wright Thomas Shields P. Kelly Wm.Adolph. McKay Docitte Lavergne Thomas Yonge . . . S. Wright L'Oiignal. Vankleek Hill. St. Eugene. Plantagenet. Cumberland. Russell. L'Orignal. HAII.IFKH, KHM, Pre8TOtUtRu.s.s'll Prince Edward, Rainy River Renf rew Sim icoe 8 9 10 II ~T '2 3 4 8 T /C.Gates I Napoleon iJnpuis •'uleH Boileuu /.lohn A Dent (Fru. Menard E. M. Casselnian . A. A[. Biichajian Marshall Palen (reorge Fairell ... . A. Harvey Charles Heirington Alex. McDonald , . Harinan W. Weeks E. A. Williams . . '. . W. H. M7Kary~7.TT William Neil . Eournier. 'St. Isidore. Alfred. Rockland. Clarence Creek. Casselnian. Picton. Milf<,rd. Demorestville. Ameliasburg. ! VV'ellington. ( Hallowell. Consecon. VV'aupoose. / (reorge Mitchell , I James Millar (A. Acheson (John Beaupre (8. O'Gorman . . \Wm. Wilson John Lyon Thomas J. Gonnan Hugh Gallagher. George Marshall J ;'• Hartney .... John Weaymouth L. Algeo •John Wilson . . A. W. S. Cunningham James Martin J. G. AVil.son Andrew Patton... W. H. McDougall". W'illiam Pratt .... Thomas Blaney . . . Rat Portage. Fort Francis. Peni broke. Pembroke. Westmeath. Beachburg. Renfrew. Arnprior. Arnprior. Shamrock. Eganville. Cobtlen. Rockingham. Barrie. Bradford. Tottenham. Col ling wood. Hillsdale. Orillia. New Lowell. Alliston. Penetanguishene. Coldwater. D.c— 10 146 IIAII.IKKM. t'OI'MTV. MiorniMiit. I)un- Thundci' Hav Victoria . , . Waterloo VN'oIland 1 '2 :i 4 5 G 7 8 9 10 II 12 Namk <)^■ Uaii.ii'k. J. A. jlolu'itson . Colin A. .M(i,(iiii(Mi (1). .McDcnuld . . I Honior St Dps (H. Hush (Hjiiioii Wiiiiifi' Jaeol) iidpper Will. A. Coons , . . Kdwani Harclay Huinuel Dilldlniugh Wni. Cameron . . . A. Stalliiiny«;r Martin .Maloney H. A. Conrov I'OWT 0(.H( K AKDHHMM. I •> :\ 4 ") 6 7 t 5 6 7 .Joseph MoKinnon Arch. J. Smith Htpphen Nevi.son Thomas Clieethaiii VViliiam (Jlass Chas. \V. Silver. , Will. H. McLau<,'li!iii William Boden .... Williuiiistovvii, Dalkeith. Cornwall. (^'ornwall. liUnenberi^. < )snal(riick Centre MorrishuiiL,'. lro(|iiois. Inkerman. Crvsler. Lai, oaster. Chesterville. Monckland. Maxville. Port Arthur. English l!i\er. j Port Arthur. Wotxlviile. Fenelon Kails. Hobcayj,'e(iii. Ouiemee. Lindsay. Oakwood. Victoria llnad. J. Klippert Peter Gillies . . . Peter Gillies . . Ale.x. Fraser Benj. J. Ballard . Beiij. J. Ballard , Ed. Bouirhier Berlin. Gait. (Jalt. New Hamburg. Hawkesvillc. Hawkesville. WasliinH ^Vnl. .M. Knu.k . . •'limes Hioddy ^^111. Fiiidliiv, (»uelp||. (iuolph. UockwiMMl. I*'«r^'us. Miin. Kli)rii. •^. '*. ' ';;^^i ■ • ■ sp,.ague and Lewis, produced north to the northern boundary of the District of Algoma. thence along the northern boundary of the said district, thence south along said eastern bcumdary to the waters of Lake Huron, thence Westerly along th sou hern boundary of the District of Algon.a, to a point op^ posite tie boundary line between the townships of Hprague and Lon,, thence northerly to said last mentioned boundary line then.e easterly along the said southern boundary line of th^ township of Sprague to the place of beginning. 6.— C(msisting of St. Joseph's Island. lfmits ok divisions. County ok Bkant. 149 l.-The city of Brantford ami that part of ti.e township of ...bed The townships of Onondago, Tusoaro.a. and that part Branttoid to Hamilton und east of Faiichild's Creek. , H^?' ^v*"" "^^ ^"''^ *"^'^'''"'^ P'"'^ ^'f '^«"tl. Dunifnes west •of the hne between lots 18 ,.,d 19, and that pa.-t of the fi- concession of the township of Hrantford lvin« west ot I T tinuation of the last mentioned line. ^ '""" the fi;?' r«'»'"nclei- of the township of South Dumfries an,! of the hrst concession of the township of Hrantfoixl. •i.-The ten northern co, , sions of the township of Murford and that part of the 2nd. .rd, 4th and 5th concessi n f t J Itio of H . ^■"■''"" "^ '^'' ^^'''- ^''''' -*^'^t of - continu- -iition of the last mentioned line. r. The township of Oakland, the four .southern concessions <>f the township of Burford and lots numbers . to . "e ^ " m the ranges east and west of the Mount Pleasant li.^t^2 Townsliip of I'.rantfo..!, adjoining the township of Oalcl d CouNTv OF Bruce, 1— Tlie town of Walkertt>n ;.nd townsliin of r..,.,Mni i ,. iJtn conce.ssions. tha't~^Jrrof"lrf ^T""'"' "'' '•" ^"^"«'"P «^ Cuhx>ss, and *„d 111 f r- '*•' concessions, and village of Luckm.w ■and all of Ivinloss township m.t in number 9. Ki!r!''' T" "^ ^"'^'^••'^in- Hnd that part of the t<.v.nship of Kmcai-dine lying south of a line drawn between the 9th am 0th concessions. " "■'''" 150 LIMITS OF DIVISIONS. th I m 4.-The village of Paisley and that part of the township of Brant lying north of a line drawn between the 11th and 12th concessions of the township of Brant. All the township of Elderslie, except lots 16 t<. 36 ]x.th inclusive, m concessions 12, 13 and 14 of said township. All the township of Greenock lying north of a line drawn between concessions 11 and 12 of said township. Lots 26 to 35, both inclusive, in the 8th, 9th, 10th, 11th, 12th 13th and 14th concessions of the township of Bruce; and that part o the township of Saugeen lying east of a line between lot., -h and 29 and south of the prrxluetion of the town line between the townships of Arran and Elderslie to the Saugeen river. 5 -All Saugeen township not included in No. 4, all that part o the township of Arran lying west of a line between lots 10 and 11 and north of Arran Lake and the outlet of said lake, and that part of the township of Amabel lying south of the 10th conces- sion of Amabel, and the villages of Port Elgin and Southampton. 6. -The village of Tiverton, and that portion of Kincardine lownship north of a line drawn between concessions 9 and 10 in said township, and all the township of Bruce, except that part included in No. 4. T.-That part of the township of Elderslie not included in iNo 4, and that part of Arran township not included in No 5 and the village of Tara. " ' 8.-The village of Wiarton, the township of Albemarle, and that part of the township of Amabel lying north of a line- between the 9th and 10th concessicms. 9. -All the township of Huron, and that part of the township- ot Kmloss, described as follows :— Commencing at the boundary line between said townships of Huron and Kinloss, at a point at which the blind line between the 12th concession of said township of Kinloss and the third range south of the Durham Road, in the said township of Kmloss, commences ; thence in an easterly direction along said blind line to the westerly side of the Goderich Gravel Road or LIMITS OF DIVISIONS. 151 he 10th SKle hue of said township of Kinloss ; thence along said 10th sule Ime ^n a southerly direction to the boundary line of the «>unty of Huron ; thence in a westerly direction ahmg said last .nent,one.-e.saKl ; thence northerly along said last named boundary line to the place of beginning. ^ 10. -All the townships of Eastnor, Lindsay and St. Edmunds. County of Carleton. 1— Con,prising all the city of Ottawa, and the township of Gloucester, to lot l."), Ridear front and concessions I to 6 inclusive, Ottawa front and the islands in the Ottawa rive.' opposite thereto. 2— All the township of Goull.mrn : the Sth, iith and 10th concessions of the township of Marlborough : all that portion of the township of Nepean south of the river GWlwood ; and the 4th, oth and bth concessions thereof north of the said river to the boundary line between lots 20 and 21 in the last mentioned concessions. 3.--AII the township of Huntley, and all the township of iheretf '''''^' '' ^ '"^ "' '"'^"''''' ^" ^«"««««i«»« 1- -'. '^ and 4 4.— All the townships of F^itzroy and Torbolton. 5- All the townships of North (4ower : Long Island in the Rideau river, and the 1st, 2nd. ;5rd, 4th, otii, 6th and 7th con- cessions of the township of Marlborough. 6.-A11 the township of Osgoode ; the 6th, 7th and Sth conces- sums Ottawa front, and from lots 16 to 30, inclusive, of the Kideau front of the township of Gloucester. «.^'h'^" "'^'7"^'"P "^ ^^^-P^-" e^^-ept the city of Ottawa, and the part of the said township lying south of the river Good- r H ' Z 'T^^'^r^^ ^' '^ '^"d 6 north of said river Goodwcnxl to the boundary line between lots 20 and 21 in said last men- tioned concessions, and including also lots 1 to 5, inclu.sive in concessions 1, 2, .3 and 4 in the township of March 152 limits ok divisions. County of Duffkriv. «nd7l til n ^^ -f -»e, the township of East (Jarafaxa, md all hu portion of the township of Amaranth lying south of h southerly boundary of lot number 26, in each concessLn o the township of Amaranth. Jt^TZ^'"'Vt^\"'''"T' *'" '"^"^'^^P "^ Melancthon, and Hll hat portion of the township of Amaranth lying north of the southerly boundary of lot number •>(? in ^„.k township of Amaranth. ' " '"'^ '"""""" '^^ ^^^ 3.— The township of Mulmur. ^- — Th. ownship of Mono. 5.— The township of East Luther. County of Eluin. l.-The townships of Bayham. Malahide and South Dorchester city^^'t^Ws.^^^ ^' ''''''''-'' '^"' ^•™"^'^ ^--P^ ^he 3.— The city of St. Thomas. 4.— The townships of Aldborough and Dunwich. County of Esskx. l.-Town of Sandwich and township of Sandwich East. And^d^o'r '^ ^^'"^''••''^"^» '^"^ ^«^^"«hips of Alden and shinTf^osfi'ir f- ^'T;'"'' "^^ ''' '''^' P^'-^ «f ^he town- sftip of (xosfield not included in Division No. 8. rnfr?' M ''?^^P ""^ Colchester South, and all that part of Colchester North, south of the 9th concession, exclusive of the said concession and the lots on both sides of Maiden street, n. -Township of Mersea and village of Uamington. MMITS OK DIviSirNs 153 -The tu>vnship of Jiod.ester, the village of Belie River the «of „»,iel„ ,,i,„ „„«„ „ „„„„„.„„ , „„;:^ ,^ 0.— The township of Tilbury West. CouxTv OF Frontknac. l.-City of Kingston, township of Garden Island, Wolf Island Howe Island and part of the township of Pittsbur. ' Bedf;;-d"^"'''"'"'' ""'"'""^ *'' *^"'"'''P'' «f ^-"ghboro- and inbi'oTk?""' '"'"P"^'"^' ^''« ^^-•^^'"P'' of Portland and Hinch- 5 -Suubury, comprising the township of Storrinc^ton and part of the township of Pittsburg. " CllrZ^r^f^' '^" ''""■'^"P'^ "^ ^^""^•^««' ^'den, Os'o, IJarn'e <-Jarendon, Palmerston, Miller Nr.rH, P.„ * J Oanonto. Canonto and South 11 i 154 LIMITS OP UIVISIOVS. County op (iiiEv. l.~The town of Owen Sound, the village „f Brook and th^ townsh.p^ of Derby, Keppel, Sarawak and .^denha.n 2.-The Unvn of Durham, the township of Egi-e.nont and ^ose portions of the townships of Bentinck, N^onnan ' ad Glenelg an tollows : -That part of the township of Be. tin k y.ng east of the line between bts .0 and 31 in tlfe 1st, ' d anc' .5rd coiicessions south of the Durh-.n, ,.,.orJ i • 2 and ■^ nnrth .f .1 T i ^"rhan, road, and ni concessions 1, ::ft:,f «»r J"" t •" "'^ -™»4oAi:l'„w :j: east of the hne between lots 20 and 21, in the 4tli r.fh cA -.i conce»»„m,,, and .11 tl,e „„v„»hi,, „f (;,„,„ ^„ . „ Yp„ Hon lyng ea,t „f the line between l„ts 1 ami 1 1 in the "7 s,l, '.«.. .0th, mh, ,.t,, ,.t„, uthan,, ,5t,.::'„:eji::!'rir' •l.-Tlie town of Jleaforf, the township of St. Vineent an,i 4.- Jl,e township „fC„lli„gwo«l and the east half of the townsh.p of E„ph,-asia, excepting that part the,-eof lying Jest of he l,„e between the 4tl, and 5th coneessions, and Li Tt^l h^s tetween lot, 12 and 13, ...., east half of the township of '5.-The township of Proton, the .vest half of the township of Osprey, and those parts of the township of Arte.nesia, en ttog of the ranges of lots lying parallel to the Toronto and Sydenham road, and south „f the line between lot, l.iO and 131 and cZ ce»,o„s 12 and 3 sonth of the Dnrham ,„ad, and 1 "'i 4 sT north of the sa,d Durban, r^d, and those portions of Jon^el, J ., 8 and 9 ly„,g e,«t of the ranges of lots parallel Vith the lV„.„to and «ydenhan, ro^, and those portion, of concession: W. 1 1, 1., 13 and 14 lying east of the line between lots 30 and I-IMITH OK DIVISIONS. 155 «. -The to^v„slup of Sullivan ami the township of Holland except ,ho«e potions of concessions i, ,0, 1 /.„, , : ^ -uthot the hne between lots lo and 10, and those portions o! concessions 7 and S west of the range of lots lying parallel wi t^To.n.aj^ Sydenham road, and south .^ 7.-A11 the Iot« fi-oin 1 to .SO, inclusi^e, in the three conces- sums south, and the three concessions north of the Durham rol n he said township of Hentinck ; and all the lots from 1 to 7' nclusive, in the 12th concession, from the 4th to the loth con-' cessions, inclusive, in the township of Normanhy aforesaid. f^—All the lots from 51 to 130, inclusive, in all the conces- sions parallel to (and being north-east and south-west), of the Toronto and Sydenham road, in the townships of Ar emest Glenelg and Holland aforesaid: all lots to the' vest ward of he ^viding hne between lots ..0 and 31, in all the concessions fr!>m to 4, ,nelusive, and all the lots from I to in the 7th, 8th . d 9th concessions, inclusive, which lie to the south-west of the roadTr""'.T" r' '' '''' ''''^ ^°™"*« -«» %de"ham oad, in the said township of Artemesia ; all the lots ^-om 1 to- I-, inclusive, in concessions .5 and (5,, and the lots from 1 to 15 nchisive in the concessions from 7 to 12, inclusive, in the town! h p ot Euphi^sia : all lots south of the allowance for road between lots lo and 16 in the 9th, 10th, 11th and 12th conces- sions, and from lots 2.5 to 30, inclusive - in the 7th . anH lr.f= •)« OQ J .,/-> • . '"i^'UM^e.-in the fI). cesli.;;if It V"';'"^ '' """r^' "^^"^^ ^^^ '^^ -^^^ ^-'^ ««- mIT L??^ r''' ""'^ '^'^ P''«P«'-^>- "f the late Richard- ex rthf/T "^ ''''^•' ''''^'- ' *" ^'^^^ ^«-^«hip of Oneida, tract and the lots southerly of said tract. 156 LIMITS OK niVlHIONH. -'.—The whole of the ttiwiishio of N„vt\, n ••J , tJie 1st iuul I'i.d concessions of the townshin nf M. 4.-The townships of South Cayuga and Rainhum. ' r)._The township of Canboro, and those portions of v ^. Cayu,a and .Seneca not included in the othe^ ^^ "^"f' 6.— The township of Walpole. CouxTv OP Halihurtox. l.-The townships of Uhunorgan and Snowden, except that port^ons o both included in the .rd division, and all TH f Jw^ ton, Sherbourne and McClintock. L^ E^t^^^^t ^""'^' ""''''''-'' ^^^^"^--' andNi.h- -"j"^"'"' Dudley, Harcourt, Bruton, Clyde I :SS' ""^' '^" ^^'-^^^^ ''^ ^^^-"-^'^ - included in oeptTol^ Trif' 1 "^'"t^' ''^ ^^""'^''^P "^ ^--'-th (ex- cept lots 1 o 19, inclusive,) m the I3th, Uth, loth, 16th and 1 th concessions; the south 12 concessions of the t^wns lip "f Glan,o,.gan and from lot 21, inclusive, to the eastern bounday in the south SIX concessions of Snowden. "oundar^ COUNTV OF HalTON. .> and 6 m the township of Esquesing, and the first five In ' •concessions 7, 8. 9, 10 and 1 1 in said t;wnship ^' '" LIMITS OK IJIVIHIONS. 157 -•— That part of the tncession north of the 8th concession, and all that pa t of "he Th ^ont:-!''^" '' ''^ "^"^^^^^ '' Huntingdon south of the 6 -The townships of Madoc, Tudor, Limerick, exceptin.. that par lying north of the 10th concession, and also that pa My g west of lot 20 in the different concessions south of the 11th dn cession of said township, and including all that part of the towt ship of Huntingdon north of the 6th concession of said township he^wns IPS of El.evi, Grimsthorpe, Cashel, excepting t^a p f^ of Cashel lying north of the 10th concession of the said township 7.— The village of Deseronto. t i ■ lfi8 MMITH OP DIVI8I0NH. 9.— The town of Trento.i, and all that part of the township of Hidney which lies to the west of lot No. 7 in each of the conces- sions of the said township, including Mill Island. •The townships of Marin.ira. f.ake, and all that part of 10. which lies to the north of the -Sth the township of Hawd concession 12.— The townships )f Wollaston, Faradav, Herschel, McClure Wicklow, Bangor, Carlow, Monteagle, Dungannon, Mavo, and all that part of the township of Cashel lying north of the' 10th con- cession of said township, and all those parts of the township of Limerick lying north of tho 10th concession, and west ..f lot No. 25 in the several concessions of the said township of Limerick. , , County ok HtRON. 1— Comprising that part of the township of Goderioh to the north of the Cut Line and the Huron Road until the same meets the road allowance between the i;{th ami Hth concessions ; then hack along the Huron Road to its junctifm with the Cut Line ; then west by the road allowance between concessions 11 and 12 to the river Maitland ; then along the rive.- Maitland to G(xlerich together with the township of Colborne. 2.— Comprising the township of McKillop, the town of Seaforth, and all that portioii of the township of Tuckersmith Jiot included m the third division, south of the blind line between the 7th and ■8th concessions of the said township of HuUett, 3.— Comprising the township of Hullett : that part of the town- ship of (^dench not included in Nos. 1 and 7; 1st, 2nd, 3rd and 4th concessions township ..f Stanley : 1st and 2nd concessions town- ship of Tuckersmith, L.R.S., north of lot 15, ami that portion west of side road between lots 25 and 26, H. R. S., and town of Clinton. 4.--Comprising the township of Grey ; all of the township of Morris east of side road between lots Nos. 10 and 11 (which is oot included in No. 12) and the village of Brussels. MMITS OK hIVIHIONS. l.VJ 6.-ComprisingtJ,. t,.wa,shi,.s of Asl.fiel.l an.lWest Wawunosl, except that p.rtion east of Maitland river. ' 7.^-Co,npri.sing the township of (Joderioh. sn„th of Cut r.i»,. ,uhI Huron Road, until th. sa.ne ,.ins th. road l.twe.-n the . oth ad I4th concessions of the t..wnship of Goderich : then.v alo... the saul concessions until the san.e joins the river BavHeld • all St^ ley ..ot .noluded in No. , ; and the village of Haytieid N. -Comprising the village of Winghan,, the township of Tun- berry ; all that part of Kast Wawanosh not included n Xo o and all the township of M..rris. not included in Nos. 4 and 12 Wroxe'ter^''""^ ''" '"""'"^ "^ """''^ ''"^^ '^"" ^"'■•''<- "^ 10.— Comprising the township of Hay.» 1 1.— Comprising the township of Stephen. Hullet^'tr'"'"""', V^" ""'^""^^ '^"^'^ *^^ ^'- ^«-"^''iP -f HuUe t thence southerly along the easterly boundary of the said townslnp of Hullett to the blind line between the 7th and 8 , o . oe.s.sions of sa.d township ; thence westerly along .said line t. the western boundary of the township ; thence no.therlv al.-n the westerly boundary of the township to the Maitland "river at e .outh-eastern corner of the Mauiand block : thencealon. the s^d nver northerly till the western boundary of East Wa^.n s t e..l.ed; thence northerly along said westerly boundarv to h road running between the Oth and 7th concessions ".f sa W ownship of East Wawanosh : thence easterly along said rlj ! the ea,ster^- hm t of said township; thence northJ^^ly ajrth: gravel road to the road running between the .5th and'oth conces onso the township of Morris; thence easterlv along .said oad to the hue l,etween lots 10 and 11 ; thence souiherlv alon. said hne between the 6th and 7th concessions ; thence easterK al UKl hne to the line between lots 15 and 16 : thence southerl t the boundary hne between the townships of Morris and Hullett • thence easterly to the place of beginning, including the village of m LIMITfi <»■• uivmosH. County ok Kkn. ' The iHt diviHion to cmNist of the tow,. ..f nu »i ^liat part of tl.. towaslup of Dover f1 u "'"' '""' ^ the joti. .„„i ,01 . '^ '""' ^^""^ *" tlu* south ^M»-1-thH„.| Uth coucesHum hn« -f the township of Dover laiut; oinrMhatpaitof thptowimh;,. ♦ m *i . '"^vei andl-Ui • . '^"♦^'"^*"'^n«P"t ''"thftin south of the 12th and iJth coiicesHioii hue, and w.-st of ff.« w,m„ i 1 "'-"' l*»iin,l 1'{ f *i « w.Miot the side roiwl })etween lotH I- and 1.}, from the first nunitiom-d 1 2th and I Ul. . to the nth „,„l n Ime of said .1-The 3rd division to consist of all that part of the (Jore of (^^unden lying .ves, of the 10th and 11th concession in L that part ot the township of Camden Ivinir west of tl... V r between lots and 1 : the village of lil-esdeJ" , t:tt ^ the township of Chathan. north of the oth and ''''"' ^'''\"^ line and east of the side road between lots 1.::^ ,'' """^•^^"" 4..^The 4th division to consist of that part of the township of rtnar 1. . -l 'T'""" '^^ *^^ "«^^'-" boundary, and that part of llaleigh south of the loth concession and east of . «|de road between lots 12 and 1., and the road to the ate through lot 146 on the Talbot road. theGore^'of'^'hl""'" '77''^' "' ''" ""'^"^ "MVallaceburg, the Gore of Chathan., and that part of the township of Chatham nortk-wesf .,■ the l->th nnri Tifk • .. ^ ^ ^uacnam . uie i_th and Mth concession line and west of th.- Zf ■™",'* "■'" '"'■' '■' •"" >•■'. ""d that part of I>^^\^^" lymg nort,. „, . , ,«. , .d I3th conce,rio„ sWe road. I.IM1T> If niVlMIONK. «.— The (Uh (1 IVISlOh Howard, m.rtli of thi- H. »-"UHiHt ot dmt ,»«rt of ti.e tow„shi I til I' ')t' I""... .1,1 M(l,„„„.e.»,„„|,„e,„„d Hmt ,„.„ „t tlie to.v„«|. , f r:" ";•""" "■-"" ' * -"' '«■'- ■* " n, I "; County or Lam mo v. J-t:,™:;::::' "™"'"''" •" *- '-"»"^» -^ «'"•"» -" i?. -The external houmkries of the townshin ,.f W • , • •'<. -The external Ixjujidarie^ nf tJ.^ ♦ i- and Dawn. '^^^ t'.wnsh.ps of Euphe.nia ^- -Th.. ..xternal b.undaries of the township of Soml.ra. ''-The ..xternal houndarie.s of the township of PIy.,.pton 7.-The extern ,1 boundaries of the township of Moore ^^.-Theexternan.undaries of the township of Enniskillen. • 102 LIMITS OF niVlHIONS. COUNTV OF Lanahk. l.-The townships of D.uinniond, Hathu.vst, South Sherbrooke Hurgess North, am} that part of the township of lOlu.sley North north of the i{ideau river, within the county of Lanark and west of lot No. IJ in eacli concession. I'.-The township.s of l^uxark, Dalhousie, Darlin-, Lavant and North Sherbrooke. ••5. The township of Beck with, and the first six lots i,n the hrst seven concessions of the township of Manisay. 4. --The township of Montague, and tl>at part^of the township ofNorth.Ehnsleyfron.lot No. 1 to h.t No. 1 •_> in each conces sion, both inclusive. 5. — The township of Pakejihani. r. -The township of Ramsay, with the exception of tlu" first «ix lots on the first .seven concessions of the said township. UnITKI) CoUNTIK-S of LkKDS AM) UUKNVIIJ.K. l.~To consist of the 1st, 2nd, ;h-d. 4th, 5th, Cth. and 7th con- <^es8U.ns and broken front of the township of Eli/abethtown, and the concession roads between them. 2. To cmsist of the 1st, 2nd, .Ird, 4th and .5th cncessions. and broken front, and that part of the (Uh. 7th and Sth conces- H.ons from the t..wn line of Edwanlsbur-h, to lot No. Is • i„el„. .sue of th.. townshii. of Au-usta. and the concession roads between them. ••{.-To consist of the 1st. 2.id, .-..d. 4th, and .5th concessions and broken front of the townships of Leeds and Lansdowne, respectuely, and tlie concession roads between them. 4.- -To consist of the township of South (lower, the township ot Oxford, from the west side line of lot No. 1 ] in all the conces- .s.ons ot the eastern bounda.y of the township, and the sore of land between South Gower, Oxford and Kdwardsburgh. 5.-.T0 cmsist of the township of Wolford (except tlw 7th and Ml. concessions and the allowance of road between them) lots Nos, 1 to 10, inclusive, in the 1st, 2nd, 3rd, 4th, .5th. (ith ' 7th ' LIMITS OF niVISIONS. 163 nnd 8th concessions of the towusl.ii, <'f Oxfoni. and the allowii.u.- <»f roads within and between them. (!.- To consist ..f the townships of l?astard and Bur-ess und those parts of the townships of I.eeds and Lans,lowMe' <.n the north side of the rear of the fnh concession in eacii jespectively. 7.~To consist of tlie townships of Kitley and Ehnsley. •Crosir-^" ''""'''* "^ ^^'^ ^"'''"''"i'" "^ ^"^'"'-t'' t^'-osby ami .Soutli 9.-T0 consist of that part of the townships of Escott and Yonge, ni rear of the 4th concession of Yon^e, and in the rear of the (,th concession of Escott; that part of the township of hhzabetlitown. in rear of the 7th concession, and west of lot No 18 in the 8th, 9th, 10th and 11th concessions, and the allowances for roads embraced therein. 10.— To consist of the township of Edwardsbur^ii. U.-To consist of that part of the township of Aui^usta in rear of ;)th concession and west of lots No. 18, in the Gth,' 7th and 8th concessions ; the whole of the l»th and lOth cnce.ssions of the township of Augusta; the gore between the townships of ( .xford ^^olfon^ and Augusta; that part of the township of Elizabeth- town in rear of the 7th concession, and ea,st of the commons between lots Nos. 18 and 11) in the 8th, 9th and 10th concessions ' the 7th ami 8th concessions of the township of Wolford; lots N,,. 1 to 10, inclusive, in the 9th and 10th concessions of the township of Oxford ; and the allowances for roads embraced therein. 12.— To consist of the 1st, L'nd, .ird and 1th conce.ssions and broken front of the township of Yonge; the 1st. 2nd. :!rd. 1th. oth and (Ith concessions and broken front of the township ..f Escott, and the allowances for roads enil)raced therein. The .said 1st, 2nd, .-{rd and iL'th divisions shall, respectivelv •embrace and comprehend within their limits those portions of tlu' river St. Lawrence, ami islands therein, within the exte.-ior side lines of which such portions of sai.l river and islands would lie und be, if such exterior side lines were priHluced and extended in that direction to tjie utmost liuiits of the province. lU limits ok divisioxs. County of Lennox and Ai>dix(;ton. 1.— TJie town of Napanee; townsliip of Richni.mfl • „ll fV, . part „f xXorth Fredericksburg and \doL ,./ ' ij„ I, , . ^ "" "^iXJipnustown Jvill» nnrfJi r^f Hay Bay; and all that part of North FredpHnl K *• cf Big Creek. rpdericksburg lymg north limit oi Jot .No. 21, jn each concession, clivisi.,,, No. 1. Acl„lpl,„stovn, not included in J«.::i,f;t7U';:l:;.r''""^ -' "■» ---ip"' «-.<•- EJ5!:'i:;i!;;ir^S!: '^'^'"' -'-''-■ ^'""«-' County of Lincoln, 1— The town and township of Niagara. ;— The township of Grantham (including the city of St ■i.-The townslnp, of Custor and Cainsborou.* and the -"''' ' ia,ii(,es ah pait ot the said concession. and ,s. and .nd inoindj a,, pan „t iUer/;:,^J* ^r^ LIMITS OK DIVISIONS. District ok Mamtoi'mn. 105 l.-The town of dove Hay. the townships of (iordon Vll-m ^an.pl>ell MiU., Burpee, Kobinson, Dawson, [he islandf Iw ^ <.oekbu..n, Barne Chxpperton and the Duck islands, and ha part of the township of Hillings Iving west of the road alio va e beuveen lots L, and 10 in the several concessions thereof, and , much of the township of Carnarvon as lies west of lakeMinde- ZL '' ''' ""' '^^^^^"^ ''''' '''' '">^> ' ^^' — -"- 2.-The town of Little Current, the township of Howland an.l north of the hne between the 0th and 7th concession,; .>f .Sheguu^dah. and 4th and ;>th concessions of the township of Bid well, and the 0th and 7th concessions of the line .>etween lots 1 and IS xn the township of Billings, and the adjacent islands ifd '"' ''"'' '" ''' '-'' ''-'''''^'' --P* ^^^ C^^4>I>ertot and ^andfi!!l7"";^;. ''"' '""'"'^'^ ^' Assiginack, Tehkunnnah and .Sandfield, and those parts of the township of She-n.indah ^.ng south of the line between the 0th and 7th concess Z ^heguindah, and 4th and 5th concessions of the township of Bid wel and the 0th and 7th concessions of the township of^Bdlts o the hne between lots 17 and 1. of said township, .nd 1 township of Carnarvon, except so much of the san.e as lies we of Mmdemoya I ake, and all that part of Manitoulin lyin. eas o 2 ^Z '"T"^^'' ^^-^^"--"g and South l^v.: nd the islands adjacent thereto. County of Middlesex. land~r'? ^"-^ "\'^" "'^' "^ ^"^"" ^y^'S *« the west of Mait- o th?n ' T T^' P^^'"""' '''' ^•'^"•^'"P-^ ^-"^••" lying In L The ." 'v!':^""' r'''"'^' "■ ^ '^"^ •■' the san.e direc- t on U. he hne between the said 4th and 5th concessions, and -ith that portion of the township of Westminster Kin. w st of the main road leadinjr south frr.,n n!...i,„'„ ...•._: " , '•■ -' — '• - 'fiitigc auniss the 166 n^:. I :^i il i 11 I I :i LIMITS OP DIVISIONS. Thames : south to the line between the Ist and 2nd concessions • and westerly to the line between lots 42 and 43, and extendi.^ northerly to the river Thames ; and also including the village of Jjondon West. 2.^Tl.e villages of Parkhill and Ailsa Craig, the townships of East A\ illiams ami We,st Williams, and that portion of the town- ship ot Lobo lying north of the line between the 11th and VHh concessions ; and east of the line l)etween lots Nos. 12 and 13 and EJiddulpli, and the- •^•— The townships of Mc(Jillivray village of Lucan. 4 -The township of Delaware, with portion of the township, of Westminster west of the line between lots .SO and 31 in the 2nd concession: then southerly -Mi the line between lots '2O and U, to the southerly limit of the township, including all west of «aid line, and also including all that portion of the front of said township of Westminster, lying west of the line between lota Nos. 42 and 43, not included in the first division : with that portum of the township of Caradoc lying south of the line between the 5th and 6th conce,ssi..ns, to the River Thames • and with that portion of the township of Lobo, Iving south of the line, between the 6th and 7th concessions, to the river Thames. r,.-_The townships of Ekfrid anrl Mosa, including the villa-es of Wardsville, Newbury and (ilencoe. 6._Townships of Adelaide and Metcalfe ; the town of Strath- roy, with that portion of the township of Caradoc lying north of the line, between the 3rd and 4th concessions ; with that portion of the township of Lobo which lies north of the 6th concession and west of the line between lots 12 and 13 of the said township! 7.-The township of North Dorchester, north and south of the rner Thames ; that portion of the township of West Nissouri whicJi lies south of the line between lots 14 and 1.5 • and with that portion of the township of Westminster lying south of the line between the 1st and 2nd concessions, and east of the line between lots 30 and 31, in the 2nd concession, and thence east of the line between lots 20 and 21, continued south to the southerly limit of the said township of Westminster. LIMITS OF DIVISIONS. lo; 8 -All that portion of the township of London which lies north ot the line between the 4th and oth concessions ; that portion of the township of Lob:, which lies north of the line between the 6th and 7th concessions, and east of the line l^tween lots 12 and 18, to the line betwee.. the 11th and 12th concessions, and with all that portion of the township of West Jsissouri which lies north of the line between lots Nos 14 and 15. 9.-That part of the city of London lyin« east of Maitland st.eet ; that part of the township of Ixjndon lying south of the line between the 4th and 5th concessions and east of the said street, produced northerly, or in a line in the same direction, to the line between the said 4th and 5th concessions ; and that part of the township of Westminster lyin- north of the line between the 1st and 2nd concessions, and east of the nmin road leading south from Clark's Bridge, across the Thames District of Muskoka. l.-The village of Bracebridge, and the townships of Macaulay, McLean, Ridout, Monk and Cardwell ; concessions 1, 2, 3, 4 5 0, ,, S and 9 in the townships of Stephenson, Bruce and Frank- lin, and that part of the township of Watts, situated east of lot -1, m the several concessions thereof: and concessions 7, 8, 9, 10, 11, 12 and 13 in the townships of Muskoka and Draper. 2.~-The village of Gravenhurst ; the townships of Morrison, Ryder and Oakley, and concessions 1, 2, 3, 4, 5 and of the townships of Muskoka and Draper. nu'7'^^^ ^'^^^^"^ "^ Huntsville: the townships of Stisted, Chaffey and Sinclair: and concessions 10, 11, 12, 13 and 14 in the town.- hips of Stephenson, Brunei and Franklin. 4.-The townships of Wood, Medora and Humphrey, and that part of the township of Watt situated west of lot 21 in the several concessions thereof. 168 LIMITS OK DIVISIONS. District ok Nipissino. 1— To be composed of the townships of Sprln^^er Field Badge..ow Caldwell. Kirkpatnck, Hu'el. liat'tle; i*!! t' H^a.. and App^h,, ,„d all that part of the District o Nipissin' wh.c MS situated west of the line between the Indian iLerv: -d the township of Widdifiel.l, p.-oduced north and so h to olnt; ;h .f.-'"'' ''^^••'" ■"'-' ''- -«^ "^ ^he :a e : Dounclary of the 4th division. 2._To be composed of the townships of Mattawan, (>lri« C'a isW sT""V :'T' '*"^''""'' ''"•"^' ^^^^-' Mcl.u,hlin; tha uaJt tr 1^ .'>'T ''"""^"^ ^'"^ Robinson, and al that part of the District of Nipissing situated east of the line between he townships of Bonfield and Calvin, produced south to the proMsional county of Haliburton, and east of the line rz::::::-"''' " ^"^'^ -^ -- p-^-^d ..rth :: 3 -To be composed of the townships of Widdifield ^lerrick Mulock, Phelp, Ferris. Chishohn, HaHantyne. yV^.^^ Paxton, Butt, Devine. Hunter, McCranev, Fin ayson Peck and a. that part of the District of Nipissing ^i'tuated C' out i^e the Ottawa river and east of the eastern boundary of 1st division. 4.~To be coiiiposed of the townships of McKim. Neelon Dryden, Awrey. Hawley, Ble.ard, and all that part o^ the Dis- trict of Isipissing which is .situated west of the line between the said township of Awrey and the township of Hagar. produced north and south to the boundary of the said district -To be composed of the townships of Bonfield and Boulter. 5. CouNTV OF Norfolk. l.-The gore of the township of Woodhouse. and all that part of said township lying west of the side line betwee.. lot. o and 6 together with that part of the 4th -^th -inrl «<■! • . . wA«f ,.P fi J 1- , ' ""^^ ^^^^ concessions lying we t of the said ine, between lots 12 and U, including that part of the town of Simcoe within the same. ^ LIMITS OK DIVISIONS 2.— Tlie township of Townsend. 169 ■1.— The township of Windham. 4.— The township of Middleton. 0. — The township of Charlotte ville. 6. — Tlie township of Walsin<,'ham. 7.— The township of Hou^'hton. H.- All that part of the township of Woodhouse not ineUided in division No. 1, viz.: all that part of tlie 1st, 2nd and 3rd con- cessions lying east of the side line, between lots f) and 6, and that part of the 4th, .5th and fith concessions lying east of the saici line, between lots Nos. 12 and 1.3 in said township. Unitkd Counties of NoRTiiuMBEiaAXD and Durham. 1.— Townships of Cartwright and Darlington, and the town of Bowmanville. -•—Township of Clarke and village of Newcastle. ;3.— Township of Hope and town of Port Hope. 4.— Townships ..f Cavan, Manvers, South Monaghan and -village of Millbrook. 5-— Township of Hamilton and town of Colwur" 6.— -Townships of Haldimand and Alnwick. 7.-— Township of Cramahe and village of Colborne. 8.- -Township of Brighton and village of Brighton. 9.— Township of Percy and village of Hastings. 10. — Township of Murray. 11.— Township of Seymour and village of Campbellford. 170 MMIT8 or DIVISIONS. County of Ontakio. -'.—The township of Pickering. Uxw!!^" '°""*'''" '" ^'"''""S-' -« «»". an" the u,w„ of D-The township of Brock and the village of Cannington 6^ - The township of Thorah, and all that part of the township 7.-A11 that part of the town.>lhip of 3Iara Ivinc north of th. COUSTV ,,F OXFOBll. 1.^ 0>i„p,-i,i„j, the town .,f Woodstock, the tow„,hiD, „f north si,le ^f the? , • ^^ "'"Se ro„,l, thence on the :i.— Comprises the township of Blenheim. 3- -Con^prises the townships of West Zorra and East Nissouri 4._Oon.prises the townships of North Norwich and Houth Norwich and the village of Norwich. uxto.d and West Oxford not comprised in the 1st division • the t^wn of Tngersoll, and those portions of the 1st and ^Ld conces «ons ot the township of Durham west of the middle town Z _ 6. Comprises the town of Tilsonburg, and all that portion of the township of Durham not included in the oth division mmits of divisions. District of Pabrv Sound. 171 l—The town of Parry Sound, and the townships of Foley -McDougall, Cowper and Carling, and all that portion of th(l district lying to the west of the e,i8t l>oundarv of Carlin-, pro- duced to the French River ' " 1-The townships of McKellar, Croft, Hagerman, Ferguson and all that portion of the district lying l^etween the east boundary of Ferris and the west boundary of Fergu.son, proIVl8loN«. I7.i COUNTV (IK PKTKI(ltOUOU«;ll. l.-CompoHe.! of the town of Peterborough, tne vilht..e of Ashhurntmin, the townshipn of North .Mo,m«han and Ennis.nore ami all that part of the township of Harvey lyi„« west of Pigeon' lake and south of HohoHyj,'enn : and all the f.svnship of Smith ly.n« south of the 7tl. concession : and all the township of ( )tona- bee lying west of the Sth .oncession and n.-rth .,f lots •'! tVon. the said Hth concession to the western huundarv of said township of Otond^ee : and all the township of Douro iving south of lots .No 11 : a,.d ail that part of the t-.wnship of Dunnner Ivinu south of lots nun.l,ered 1 I and west of the oth concession. " 2 -Composed of the townships of Asphodel, IJehnont and 3lethuen, and that part of the township of | Jununer lying east of the 4th ccmcession and south of lots numheied II. .i.-Composed ..f all that part of the t.nvnship of ( Jtonabee lying mst ot the 9th concession : ami all that part of said township of Otonabee lying south of lots numbered l'2, and west of the Hth concession. 4.-Composed of all that part of the township of Smith lyin- north of the 6th conces -ion : and all that part of the township of Douro, lying north of lots numbered 10 ; and all that part ..f tln^ township of Dumn.er, lying north of lots numbered 10; and also of the village of Lakefield, and of the township of (}al way • and all the township of Harvey, except that portion lying west of Pigeon lake, and south of Bobcaygeon. 5. -Composed of the townships of Burleigh, Cavendish, An- struther and Chandos. United Counties of Pkkscott and Russklf.. 1. -Comprises the whole of the township of Longueuil th^ municipality of the village of L'Orignal, and the first concession of the township of Caledonia. 2.— Comprises all that part of the township of West Hawkes bury, extending from the front of the ;3rd concession, to the rear of the said township. 174 UMin OF niviHiovH. 3. -C.n.priseM the whole of the t<.wn,ship ..f E,ist H.iwkcsl.ury. 4-Co,npm.s the township of North Huntagenet, an.l that pj^rt of the township of .South PhintaK..n..t. King north of the Nation river. r>.- -CoinpriHen the whole of the township of Cumb-riaiul. fi— Comprises the whole of the township of Hussell. 7. Comprises the two front oonc.essi.ms of the township of West Kawkesbury. ami the n.unieipality of Hawkesburv village witlnn the same. • ' 8. -Compri.ses the township of Caledonia (excepting the 1st concession of the said township), an.l als<. that portion nf the township of South Plantagenet lying south and east of the Nation river. 9— Comprises the whole of the township of Alfred. 10.— Compri-ses the whole of the township of Clarence. 11. -Comprises the whole of the township of Cambridge. I' I CouNTv OF Pkince Edward. 1. Jhetown of Picton, the 2nd and Md concessions " Mili- tary Track, from the west line of lot No. V.i, eastward ; Gore I' ; 1st and 2nd concessions north of the Carryin- Enlace • 1st concession .south-east of the Carrying Place, and 2nd concession north of Black river, including (io.-e " K," and " J. " and McCan Wore,s, all in the township of Hallowell : Block " I," the conces sions north and east of East lake, and Gore "B" in the town.ship of Athol. and the 1st and 2nd concessions .south of the Bay of Quinte and Gore "A," in the township of North Marvsburg, and l.st concession south-west of Green Point, to the end ^f Car man s Point in Sophiasburg. 2_The township of South Marysburg, and the southern part of Athol, commenqing at the outlet of East lake, thence down to he head of the lake, thence down to the ba.se line between the 1st concession south and the 1st concession north of East lake I.mir.s I., DIVlsjoys. 17fl till it strik-oH tl.e t..wns|.i,. li,., ,.f n„„„^,.„ ^^ towndup me ..II it strikes South Ma.ysl.urg. 3.~-Tlu, tr.wuHlup „f SoplnusU,,.^,, t,.«Htl,.r with Iti.^ islan.l -cepfu.g the Ist concession south-west of (i,...-,. Poi ^ ' end ot Carman's Point. ''"" 4 All that part of th. township of A.nHiasIn.rg lyin, ea.st of the hne l.tween lots ,s,: an Miinit.ni ; ihonooin an oiisloHy (liiwtum to (lu» .south .>iul (.nii.< luki- known us (li(> l(ik.> \vli.'i(> (li.< iiv.>r hontls : UuMKV in an msl..ilv tlin'rlion loa point vvlioiv «ho said nioiidian of (li.« most, nisi, >ily part ot' llunlt>i",s ixliin sovitli-wost (inul.> of llawkc lake. '2. Tlu« (omtorv Kins^ south and .>u,s| of ihi- LakiMiflho- \Vo(mJh, and of tlio said line. County town of l'..mhn.k.>. th«« townships of awa. huchnnan, Holph. W'vhf. aria, and all that part of tlit» ii to ilii> •2M\\ i'«»mH'8HionH, I'ts of 111,' I Ith. i:»ih, Itith l*,'ml»n>k,>, SlalVord, Alice. IN<|, McKay, Vvimw, H(«ad, Clara and M town.ship of Wilh,'rfon't> (\\m\ tin- iSi Ixitl I inclu siv,' : and also all th, an, \ I7t.h ,'oiu-t<.sNi,ms of f.h,> sanir lownshiji of \ViIl,fif,,iv,« I north of Suak," rivor ami I'asi ,»f lak,' I >, VUIL' trc (^inipri.sinu: all thai part of il„' tiuMiship ,,f \V,.siiii>'alli lyinif ,>a,st and north of ili,. Miiskra, lak,> and river ami all lhos,< 1 coiicvssions. parlnof the inwriship of Uoss, from I h<« oth to t.h,lusiv,>, ,>a,st ,.f Mn-kral lak,'. and fnan tli,< 7lh to th,' l;{(,h (of iii,< oth,>r) foiu'cssions ,tf Moss, ItotI town.ship ot' Hoss. I intliisivf' .f tl u' sai,l a.~~( om prisinj,' thr villaj,',' of U,>nfr, nv, and th,' iDwnships of Morton ami Admaslon. ,'x,M'pi iuu; tli,> lots numl),'r,>d I l,> -J-J. iiu'luHiv,', in th,' '.Ith. 10th, I I th and J-Jtl who!,' ,tf th,' i'onc('SNi,»iis ntnnlMMHHl IM. II. I ttiwn.ship. 1 coiic'SNions ni\,l th,» ■> and l(i in th,' said I. Cmnprisinn ih,' villairi' of Arnprior an,l the l,>wn,ship ,>f Mi'Nah. n.-GoinprisinKth,' townships of Magot, lUyllu'li,'!,], lirouKhani, and Matawatchan. ami all iho lots innnl),'i',>d I to 'J-J, inclusive, in th,' !MJi, lOth, I Ith and 1 21 li concessions in (h,* said township , if Adniaston, an, I the whole ,»f the concisions numbered I.'<, |.J, |5 ami I (J in the said townships. I-IMITH OK DIVIHIOVN. 177 <.. (on.pnH.ng d,,, township.. „f (JmtUn, Sohn^topol, Souih AI«o„m. NorM, Al«...na, and all i|,a(, part ..f (ho lownship ,.f W.llM.rh.m. fn.n, (h,. ls( (,. ,ho I7(h n.n.-.v.sions. huth iuolu.sivo '•x^vptu.K th...so par(« „f U„> |.|th, ,:„l,. |,i,.h ,nul ITlh n.n.w' Nionsof saM (ownship of Wilhorfon.. lyinw nort.h o( Snak,. rivor aiul oiVNt of hiko Doll*. 7.~Con.pri,sinK M,o (own.ship of n,>o.nh>y, and all OwK, part of th,. township of \V,.stnu.ath w..st, of Mnsloat, ial<... an.i all thos,. parts of tlu> township of Hoss from tho 1st to tho lth ron.vssions l...(h n.rlus.v... o,xxt of Musknu lake, and fron. tho ls(, (o tJu' tWh' of (hooU.or roncosMions. hoth i.u-Ii.Hivo, of tho «ai,l township of N, ron.pnsinKthot.>wnshipsof Hni.h.noll, lladrlilVo, Hadan ;>•"«"'<"•''' <''-i"i<.nKaUo|ot.sNo,s,;.S,;...Hn,i 1.) in tho 1st, and L'n.l ouu-.h- .s.ons.andlo.sNo.s. |.,.and:Jin M.o :»nl. ItJ,. r„h. tith and 7.,h .•.mooss.ons. rospootivdy. That, portion of tho township of Oro lyu.Ksouth of lot. Nos. .M in tho 1st and ond oonoosl^^ . i.dn„jthoHanKo,s),and south of Iot,.s Nos. l;» in tho ;i„| ,,tl, .1.....!., Hh and Sth oonoossions. rospontivoly ; that, portion of '1.. t..wnslnpot Inn.shl lyin^ oast of lots Nos. f, in tho f.M, 7th and 8th oonoossions. and that portion lyin^ north of tho .Mlh oon n.ss,on ; that, portion of tho township of M,sa lyin,, norfJ. of lots NoH. ltt.utho7th,Sth.!.th. loth and I 1 th oonoossions. 1-Tho vilhiKo of Bradford; tho township of Wost (Jwillin. a.ui nth oonoosHion.s ; tho tow.iship of Innistil, ox.-opt that por- tion lytnK north of tho A.h oonoos.sion, an,l oxooptin^ also lots Nus. I, •.. .», I and :> in tho Ist, L'nd, ;i,-,l. .|th and f.th oo it.t .12 ¥M 178 LIMITS OF DIVISIONS. 3. — The township of Tecumseth, excepting concessions 12, 13, 14 and 15 ; the township of Adjala, except that portion lying north of lots Nos. 25 in the 8th concession thereof. 4. — The town of Collingwood, the village of Stayner, that por- tion of the township of Nottawasaga lyir^ north of lots Nos. 18 in the twelve concessions thereof ; that portion of the township of Sunnidale lying north of the 8th concession ; that portion of the township of Flos lying west of the Nottawasaga river ; the islands in lake Huron contiguous to the township of Nottawasaga. 5. — The township of Flos, except that portion lying west of the Nottawasaga river ; the township of Medonte, except that por- tion lying east of the 10th concession ; and north of lots Nos. 10 in the 9th and 10th concessions, respectively ; that portion of the township of Oro, lying north of the southern boundaries of lots Nos. 21 in the 1st and 2nd concessions, and north of the southern boundaries of lots Nos. 13 in the 3rd, 4th, 5th, 6th, 7th and 8th concessions, respectively ; lots 38, 39 and 40 in the 1st and 2nd concessions, and lots Nos. 1, 2 and 3 in the 3rd, 4th, 5th, 6th and 7th concessions of the township of Vespra. 6. — The town of Orillia, the township of Orillia, southern division, the township of Orillia, noi'thern division, except, that portion lying north of lots Nos. 15 in the first seven cencessions thereof ; that portion of the township of Oro lying east of the 8th concession ; that portion of the township of Medonte being composed of lots Nos. 1 to 6, both inclusive, in the 11th, 12th, 13th and 14th concessions : the islands in lake Simcoe contisruous to the townships and portions of townships above described, lying wholly or for the most part opposite thereto. 7. — The township of Nottawasaga, except that portion lying north of lots Nos. 18 in the 12 th concession thereof; the town- ship of Sunnidale, except that portion lying north of the 8th concession ; that portion of the township of Vespra lying west of the Nottawasaga river ; that portion of the township of Essa lying north of lots Nos. 19 in the Ist, 2nd, 3rd, 4th, 5th and 6th concessions ; that portion of the township of Tossorontio lying north of lots Nos. 20 in each of the seven concessions thereof. LIMITS OF DIVISIONS. 179 8.— The township of Essa, except that portion lying north of lots Nos. 19 in each of the eleven concessions thereof; the town- ship of Tossorontio, except that portion lying north of lots Nos. 20 in each of the seven concessions thereof ; that portion of the township of Innisfi], being composed of lots Nos. 1, 2, 3 4 and 5 in the 1st, 2nd, 3rd, 4th, 5th, 6th, 7th and 8th concessions ; the 12th, 13th, 14th and 15th concessions of the township of Tecuinseth ; lots Nos. 1, 2, 3, 4 and 5 in the 14th and 15th con- cessions of the township of West GwiUirnbury ; that portion of the township of Adjala lying north of lots Nos. 25 in the eic^ht concessions thereof. ° 9.— The town of Penetanguishene, and the village of Midland the township of Tiny ; that portion of the township of Tay lying west of the 8th concession ; the islands in lake Huron contiguous to the township of Tiny, and to that part of the township of^Tay, forming part of the ninth division, and lying whollv and for the most part opposite thereto. 10.— The township of Matchedash, that portion of the town- ship of Orillia, northern division, lying north of lots Nos. 15 in the first seven concessions thereof ; that portion of the township of Medonte lying north of lots Nos. 6, in the 11th, 12th, 13th and 14th concessions, and that portion lying north of lots Nos. 10, in the 9th and 10th concessions thereof; the township of Tay,' except that portion lying west of the 8th concession ; the islands in lake Huron, contiguous to that part of the township of Tay, forming part of the 10th division, and lying wholly or for the most part opposite thereto. Note.— Each of the said several divisions shall include all allowances for roads embraced within its external limits, and shall also extend to the centre of every allowance for road lying external and adjacent to every such division, excepting always where such last-mentioned allowance is hereinbefore declared to belong to or form part of any particular division. ^^^ umits of divisions. United Counties op Stohmont, Dundas and Glengarky. 1— Township of Charlottenburg, in the county of Glengarry. 2.— Township of Lochiel, in the county of Glengarry. 3.— Town and township of Cornwall, in the county of Stor- mont. 4.- Township of Osnabruck, in the county of Stormont. 5— Township of Williamsburg, in the county of Dundas. ■ 6.— Township of Matilda, in the county of Dundas. 7.— Township of Mountain, in the county of Dundas. 8.~Township of Finch, in the county of Stormont. 9.— Township of Lancaster, in the county of (Jlengarry. 10.— Township of Winchester^ in the county of Dundas. 11.— Township of Roxborough, in the county of Stormont. 12.— Township of Kenyon, in the county of Glengarry. District of Thunder Bay. l.~All that part of the District lying west of the meridian of 87 degrees of west longitude, to the meridian of the most easterly part of Hunter's island, excepting therefrom the municipality of Neebing. '' 3.— Comprising the municipality of Neebing. LIMITS OP DIVISIONS. County op Victoria. 181 l.-fhe first consists of the following townships and parts of tow„,hips, V... : of the loth concession of the township 1 Manposa and the township of Eldon, except the ranges north and south of Portage road. o « i-" 2.-The second consists of the following townships : all of the township of Fenelon, except that portion lying east of the Lwrtinr "' ""'' ^' '^"'■«^^" '''-' ^-' ''^ ^--hip of 3.— The third consists of the township of Verulam. 4— The fourth consists of the township of Emily. 5._The fifth consists of the town of Lindsay, township of Ops and that portion of the township of Fenelonf lying eas't of the fecugog river, and south of Sturgeon lake. 6_ -The sixth consists of the township of Mariposa, except the loth concession. ^ Dai;^'^\' ««venth consists of the townships of Garden and Dal on, Laxton, Digby and Longford, and the township of Bexley, and that portion of the township of Eldon north of -fort..ge road, and the range south of Portage road. County op Waterloo. of hrt",-*'^^' ^'''f " ""^ ^^' *"^'"'^^P '^^ ^'^t^'-l^^ lying north Itoflh " ^\f /^^^^ «'d« «f ^he Grand river,' and that part of the upper block of said township, lying on the east side of the Grand nver, north of lots Nos. 115. 109, 104, 86 and 95, to Wat 1 "^ ^^ ""'' '"''"'^^"^ '^' '"^"^^ "^ ^^^'•" ^"d 162 LIMITS OF DIVISIONS. li- 2.— All that part of the township of Waterloo, lying south of the block line on the west of the Grand river, and that part lying on the east side of the Grand river, south of the northern boundary of lots Nos. 115, 109, 104, 86 and 95, to the Guelph township line, including the villages of Preston and Hespeler. ;}.— All that part of the township of North Dumfries, lying east of lot No. 19, in the 7th concession; and running a course with the eastern boundary of the said lot in a northerly direc- tion up to the 12th concession ; thence along the eastern bound- ary of lot No. 23, in the said 12th concession, to the township line, including the town of Gait. 4.— The township of Wilmot, including the village of New K. burg. 5. — The township of Wellesley. 6- — The township of Woolwich. 7.— All that part of the township of North Dumfries, lying west of the eastern boundary of said lot No. 18, in the 7th con"- cession; thence along the eastern limits of said lot No. 19, the same course thereof, in a northerly direction to the 15th conces- sion ; thence along the westerly limit of lot No. 23, in the said i2th concession, to the township line, including the village of Ayr. l!» t V 11 r The County op Welland. 1.— Comprising the township of Crowland ; that part of the township of Thorold, lying north of the line between lots 178 and 195, running through to Pelham ; that part of Pelham, lying south of the 4th concession, and that part of Humberstone, lying north of the concession line, between the 4th and 5th concession, being the whole of the 5th concession and the town of Welland. 2.— -Comprising the township of Wainfleet. 3.— Comprising the township of Bertie, and those parts of the township of Humberstone not included in Nos. 1 and 6, and the village of Fort Erie. LIMITS OP DIVISIONS. 183 4.-Comprising the townsliip of WiUoughby, the village of Chippawn. and that part of the township of Stamford, south of the hne between lots 136 and 137; easterly from the western limit of the township to the south-east angle of lot No 133- thence north on the line between lots Nos. 132 and 133 to the northern boundary of the township, including the town of Clifton and Navy Island. 5.-Compris.ng those parts of the townships of Stamford. Thorold and Pelham, not included in any other division, and the town of Thorold. 6.-Comprising all the township of Humberstone, lying south of the 5th concession, and west of the side lines, between lots .Nos. J and 10 in the several other concessions thereof, and the village of Port Colborne. County of Wellington. 1.— The town and township of Guelph. 2.— The township of Puslinch. 3. — The township of Eramosa. 4.— Consisting of the township of Nichol, excepting the 11th and 1 2th concessions; the municipality of Fergus ; the first eight concessions of the township of Garafaxa, and lots 1 to 18, both inclusive,^in concessions A and B of the township of Peel'; lots 13, 14, 15, 16, 17 and 18, in concessions 18 and 19, and lots 19, 20 and 21, in the 17th concession of the township of Peel 5. —The township of Erin. 6.— Consisting of the township of Pilkington, and the 11th and 12th concessions of the township of Nichol ; the municipality of the village of Elora; and lots numbers 19 and upwards belonging to the 9th, 10th, 11th, 12th, 13th, 14th, 15th and 16th concessions of Peel. M 184 MMITH OF DIVISIONS. lii if ',^ .' I! .1 'j . Mill 1 !f : 1 i'i :; 7.— Consisting of concessions 1 to 16, inclusive, of the town- ship of Maryhoro', and concessions 1 to 10, both inclusive, of the township of Peel, except lots 19, 20, 21, 22 and 23 of those con- cessions in that township. 8.— Consisting of that part of the township of Artliur, south and south-ejist of lot 15, on the west side of the Owen Sound road; lot IG on the Owen Sound road, and lot 12 east of the Owen Sound road, in the township of Arthur ; that part of the township of Luther, from lots 1 to 16, both inclusive ; and lots 1 to 12, both inclusive, of the 17th and 18th concessions of the township of Peel ; lots 5 to 11, both inclusive, of the 19th con- cession of said township of Peel ; and lots 19 to 23, both inclusive, of concessions '• A " and " B," of said township of Peel. 9.— The territory formerly comprised in this division is now in the county of Dufferin. \ 10. — Consists of the township of Mlnto. 11.— Consists of the town of Mount Forest, and that part of the township of Arthur north of lot 16, west of the Owen Sound road; lot 17, on the Owen Sound road, and lot 13, east of the Owen Sound road. County of Wentwortii. !• — AH that part of the township of Barton lying east of the line between lots 14 and 15, and all that part of Hamilton city east of Hughson street. 2. — The whole of the township of Flamboro' West. 3. — The whole of the township of Flamboro East. 4. — The whole of the township of Beverley. LIMITS OP niVISIONH. ]g5 5 —The whole of the township of Saltfleet. 6. —The whole of the township of Ancaster. 7— The whole of the township of Glanford. 3.— The whole of the township of Binbrook. 9.— All that part of the tov nship of Barton lyin■ ^- thet itter, but before judgment, permit such abandonment, in which case an entry thereof shall be made in the proceedings. Process. 8. All first prooes,, with the exception „f „a„ant, of attach- .nent .^ued by justice, of the peace, shall he issued uuder the *al of the court, W signed by the clerk, dated the day™;,*,: ecan^,senered for suit, and numbered to corresfK,nd w h the claim on which it issues. coifr't ?'iw'' T'"' '''"'^ '" ^ ^"'^ ""d^"- *he seal of the tTe action.'- ''' ^" ^"^^^^^^' '' '''' ^ '^ ''^ commencement of 10. The first process for a recovery of a debt or money and -I'-d "ordinary summons." (Form 49). V actions for the recovery of a debt or money demand where the particulars of the plaintiff's claim are given with ri sonable certainty and detail, the first process may'be a summons form No. 47, which shall be called "special summons." Shan bP^d^n '" f '^ "^ P^""" P''"^"" ^«^«'"«« -«e««-y> it shall be dated on the day on which it actually issued. 13 Where the plaintiff sues under the 229th section of the Act, the proceedings may be by "ordinary summons," or ".special TcT d ' '•'' ^"' "' *'^ particulars or in addition^ not,ce,s and warnings on the summons, the notices and warnin' set forth in form No. 52 shall be given. " n. Leave to bring an action under the 83rd section of the Act may be granted by the judge, on production of an athdavit fc rm of the iuTge." """""' '' ''*^" '" •^'^*^' "I^^-^ by leave 15. Where there are more defendants than one, and they reside m^d_ifferentcountie.s, concurrent summonses m^y issue fir BBHH 3 I 194 REVISED RULES. I ( the service of the defendants residing out of the county in which the action is brought, but the costs only of the summonses actually served shall be allowed on taxation, unless the judge directs otherwise; and such concurrent summonses shall correspond with the original, and be marked in the margin " Concurrent summons." Service of Summons. 16. Every summons shall be returnable on the eleventh dav after the day of service thereof upon the defendant, in case the defendant, or one of the defendants, resides in the county in which the action is brought ; in case the defendant does not re- side, or in case none of the defendants, if there be more than one, reside in the county in which the action is brought, such summons shall be returnable on the sixteenth day after the day of such service. i 17. The summons, with a copy of the account, or of the par- ticulars of the claim or demand, attached, shall be served ten days at least before the return day thereof. 18. In case the defendant does not reside, or in case none of the defendants (if there be more than one), reside in the county in which the action is brought, the summons must be served fifteen days at least before the return day thereof. 19. In case of defendants having different or separate, and not joint interests, in an action, the summons must be served on any defendant residing out of the county in which the action is brought, fifteen days, at least, before the return day thereof. Substitutional Service. 20. Where it is made to appear to the judge upon affidavit that reasonable efforts have been made to effect personal service of the summons upon the defendant, primary debtor or garnishee, and either that the summons has come to the knowledge of the defendant, primary debtoi- or garnishee, or that he wilfully evades service of the same, or has absconded, either before or after the issue of summons, or is out of the province of Ontario, but REVISED RULES. 195 behalf the ,,ud«e may. by order, grant leave to the plaintiff to , «erve the summons, in such manner, at such place, or upo, .ch person, for the defendant, primary debtor or garni;hee, L to 1 in tnay seem proper, and may grant leave to the plaintiff to proceed as ,f personal service had been effected, subject'to such con'ditirns as the judge may impose, and in the same order, the judge miv direct that all further notices and orders in the 'suit up to j 2 ment may be served in the same .nanner as he has directed sub- stitutional service of the summons. 21. Every summons issued against a corporation, firm or ndividua , not having its chief place of business withH; the p." Mnce, and all subsequent papers and proceedings in the action or proceeding in which the summons has been issued, may be served on the agent of the corporation, firm or individual, who.se •office or place of business, as such agent, is either within the division in which the summons issued or is nearest thereto. 22 Under the 83rd section of the Act, the leave to be th. action IS to be tried under the order, but no leave shall be fhe di!i ' ' T. 'V ''"""" ^*'^"' *'"'"^ *^- -- adjacent to the division m which the party to be sued resides, but the divi- sion may be m the same or an adjoining county. Flooding Lands in Certain Districts. lan^!' "^"^ ''?'''" "''''''■ ^^ ^^''•' '"'P- ^6 (0»t^"o), for flooding lands, where the sum claimed does not exceed $20, may be com sTairbe ^ '^^'"^'•^,.«"-"--' -^d the proceedings thereafter shall be as in any ordinary case. Notice on Writ as to Change of Venue. 24. The notice required by .section 98 of the Act .shal' 1,6 ■-.'■¥:'■ 196 RKVI8ED BULE8. Renewal of Writ. [ ..^ II! h[ h f 1 I I l^^ fi , 25. No original writ of summons shall be in force for more than twelve months from the day of the date thereof, including the day of said date ; but if any defendant therein named shall not have been served therewith, the plaintiff may, before the expiration of the twelve months, apply to a judge for leave to serve the writ after, and notwithstanding the lapse of, the said period. (a) The judge, if satisfied that reasonable efforts have been made to serve such defendant, or for other good reason, may order that the service shall be good if made within twenty months from the date of the order, and so from time to time during the currency of the further period allowed. (b) The writ shall in such icase be renewed, by being marked with the date of the day, month and year of such renewal, to be so marked by the clerk upon delivery to him by the plaintiff, his solicitor or agent, of the judge's order. (c) In such case, the original writ shall be available to pre- vent the operation of any statute whereby the time for the commencement of the action is limited, and for all other purposes, from the date of the original issue of the writ. Amendments. 26. In case a special summons is issued, when an ordinary summons should have been issued, or vice versa, the same may be altered or amended by order of the judge, either before or at the hearing, on such terms as the judge may direct. Absconding Debtors. 27. In all cases where an attachment shall issue (whether the suit be commenced by attachment in the first instance or not), unless the defendant shall have been personally served, the hearing or trial shall not take place until a month after the- KEVISED RULES. 197 seizure under the attachment, unless the judge shall otherwise •JLT'T '"T' ^'"'" •'"' ""' ""•'■^^"*^ «f attaclunent agamst an absconding, removing or concealed debtor, each one of ch at^dnng creditors may enter a defence, set-off' or coul: Hi ; ■ '^""""'' '^"^ cross-ex;amine witnesses as t<, any debt or clann proved or atten.pted to be proved against the Indt'tl'^ '' ^f ""'^^ '' counterclain, -n the Tan. Jay and to he same extent as the debtor himself might do, were he personally to appear and defend the suit, on any ground ^W.atlver 29. Before issuing an attachment against an absconding removing or concealed debtor, it shall be the duty of the clerk to ee that immediately following the statement in the affidaJit of^such indebtedness is properly set forth according to form abfn°' r" 'T '"'■"'•^^ judgments have been recovered against an absconding debtor, it shall not be necessary to issue execution upon each such juagment; but one execution against the property si fvTh"- . '^'^'^'"^'^^ '''''' ^^^"« ^"^ ^h«-l« thereof to satisfy the judgments of those creditors, ani enough of such property as shall be sufficient to satisfy the said judgments a. d stST' tr'^ ''^""•^'^^ ^^^^^'^-S t« •- (Form No. eno'ul nf'M ^T'"'^ ''"' ^''" P''^^'^""^'^' «^*'^ ^« perishable, enough of the proceeds maybe applied by the clerk U> satisf; such judgments and costs, without execution. ^ .r^^' J^^P^'f « ""^ '"°^^ execution, or of the sale of the property shall after deducting all costs, remain in the hands of tJZl-Z . i'^''"^"*'^ '''''''y ^"'°'^g-^t -^^' -editors as are entitled to share therein, to the extent of their claims, thereto "' '''"'' ''^'" ^' "'"'^ '^ '^^ P^--^^" '^''^^^ (a) Where the amount levied by the bailiff, or in the hands of or collected by the clerk, is not sufficient to pay the execution debts, and satisfy the judgments of all the creditors entitled to share in the distribution. t r-i • li-; ir ^ i 19H REVISED RULES. with costs in full, the money shall be applied to the payment, ratably, of such debts and costs of the creditors, after retaining the bailiff's fees, and after payment in full of the costs taxed, and the costs of the execution, to the creditor at whose instance and under whose attachment or execution the seizure and levy were made. (h) The clerk shall, before distributing the money, prepare for examination by the debtor and his creditors, a list of the creditors entitled to share in such distribu- tion, with the amount due to each, for principal, interest and costs, the total amount to be distributed and the amount going to each according to such ratable distribution. ('■) Any party entitled to or interested in any money or debt attached or made, , Ijy virtue of an attachment or otherwise, against an absconding debtor, in the hands of the clerk or bailiff, who is not satisfied with the proposed plan of distribution thereof by the clerk, may apply to the judge for an order to correct or change such distribution. (d) The clerk shall deliver or send (prepaid and registered), by post, to each creditor, a notice that the said list has been so prepared, and may be examined at his office, at any time within five days from the day of the date of the notice; and that unless within ten days after the day of the date of the notice, objec- tion to such list has been filed with the said clerk, the said list shall be binding upon all parties con- cerned, unless the judge shall otherwise order. Interpleader. 32. When any o' am shall be made to, or in respeci of any goods or ciiattels, property, or security, taken in execution, or attached under the process of any Division court, or in respect of the proceeds or value thereof, by any landlord, for rent, or by any person, not being the party against whom such process has UKVI8ED RULES. 199 "hall l>„ ,erved, i„ ,„cl, Z" "'' •"'""'"»• ■'"'"'' -'""•""•» 'he .« shall pUee'/rr";' ,""' "'"'""■«■ "ere the plaintiffZ , " ""»°''i">8 ■"'edito,- ant. r„ 'lL":t =:'»;■'":' -- "■" O^end. elataant ware the Xi 't ff iT"'"' "' " ""' 33. The claimant .shall \vit].,-r, fi i «e'viceof the , summon, Toon hi ,r ^^'' ''"'"' ""« ''"J' »' - chattel,, propel; ,:'„:;:"'■'■ ^''"'■'r'" °' ""^ «°°^' the claimant, and the groTd tn,t T '";'" """P'^"^ °' and concise kn^na-e o, "'"' "*' '°''"' '" ""''""O' -nount thereof" fo^L;-'" r° '" " "'""^ "' -"'■ ">e 'ho same is limL wh '^'Z ' '" ""'^'' '" ^'t p,-e„n,e3 »ny money pa ™t^'J„'"r, ""' ""■"" "' '«>'■"■■« ^ -" *e Claim Yal, ^^Z^Z^T^:: ;^:^^ ** ""«> »f all parties, „,. „it|,„„t such consent f j ^ ?"*"' d.rect, an interpleader claim may be tried '" '","'1 *"" '" may not have been complied with ' °°«'' ""« ™'^ rnlfY^elre'cttf^r' *"" ""' '"'^' °°"""-<' "'"■ *e' Jndge may,'„;^n Jb LIT " r*"'" °' "■■' """"■ ">e deliver the sanC "^ '" ™^ *'-^'='> """- '''"' 'o -tity:''::;!'-: :'::;:;-:■ «.ith:; -""'f' "-^-'^^ value thereof shall h. H • ^ *"'^'^^«^' "^ the proceeds or be allowed to h t out o 1^ ' " T^ ^' ^^'^ ^^""^ •^'-" shall otherwise order """"' '^^^^'' "^^'^^ '^^ i"dge (a) Where, under sub-section 3 of section 269 of the Act the cla.„,ant to goods taken under process Cats damages fro. the creditor or from the' b afff 200 KEVIHKD KULES. for or in respect of the seizure of the pro- perty, he siiall, in the particulars of his claim to the goods, state tlie amount he claims for damages and the grounds upon which he claims such dan»- ages. (b) When a creditor claims damages against a bailift' arising out of the execution of any process, he shall, five clear days before the day ujion which the interpleader is to be tried, deliver to the bailiif a notice of such claim, stating the grounds and amount of such claim. (c) Where a claim for damage under sub-section 3 of section 269 of the Act, is made against a Imilifi" and creditor, or either of them, they, or either of them, may pay into court, money in full satisfaction of sucSh claim for damages, and such payment into court shall be made in the same manner and have the same effect, and the parties respectively shall have the same rights and reme- dies of defence and counter-claim, as they would respectively have if the proceeding were an action in which the claimant was plaintiff and the bailiff and creditor, defendants. (d) Interpleader summonses shall be issued by the clerk, on the application of the bailiff, and shall be served on the claimant and creditor, or upon any solicitor or agent who acts for the claimant or creditor. {e) Interpleader summonses shall be issued from the court from which the process issued, or the court holden for the division in which the seizure under the process was made, at the option of this bailiff, and the creditor, and claimant shall be summoned to such court, but subject to the power of the judge in his discretion to change the place of trial. (f) In every case in which an execution or attachment has been issued to a bailiff" who has seized property as belonging to a judgment or absconding debtor, if the KEVISKD HULKS. I'Ol hM a„ds that there is an incun.brunce or lien upon the property, or such a clain. n.ado thereto as is pnmded or m section 269 of the Act, it .shall be th. duty of the haihff, forthwith, to notify the party who issued the process, of such incu.nbrance. lien or claun ; and .f the party issuing, such process, insists upon the bailift nuUntaining such seizure, it shall be incumbent upon bin, to deposit, with the clerk n sufhc.ent sun. of money to indemnify the clerk and bad.ff aga.nst then- costs of an interpleader ; and in the event of his neglecting or refusing to do so, the badiff may. m l„s own discretion, abandon the ^e,.ure, and the party who issued the process shall be barred, unless the judge shall otherwise order i,) In case the claimant so desires he may deposit with the •>aihft an amount equal to the value of the property Heized or attached, or to the amount for which the secure or attachment has been made, whichever shall be the lesser sum, to be by such bailiff paid nto court to abide the decision of the judge upon such claim, and thereupon the bailiff shall re deli'e the property to the clain^ant. In case of disagree- attached the matter shall be decided by the clerk or the judge. any party to any action or matter pending in the c.nrt ,, aa ..e ,„a«e „ay ^^^^J—^Z^t^ :sr„:r-t;:rt:^\ne ^ " - -f*-"'-'"- iust anH «nffl.- : keeping, or which for any other just and sufficient cause it may be proper to have sold at once. 37 The claimant of ffoods chattolo ,>nf<-i to in section ofiq ^t J a ''^*'"«'«' ^^-^I^- or p,Y,perty referred tne ^alue of the goods claimed- (such value to be . |-f*i ir i:!l i I iO'2 1IKVI8ED UULK8. Ill l> fixed hy appnuHement, in case of dispute) — to be by such bailitt paid into court to abide the final result of the proceedings upon such 'liiim ; or the nmn which the bailiff" shall be allowed to charge as costs for keeping possession of such goods, chattels, cattle or property until such decision can be obtained, and in default of the claimant so d1 . .Jt_'a-^l«6¥i|t»S.a-'-'. n wii i -'04 REVI8KD RULES. (a) That the person claiming tlio property is the owner tlierttof, or tliat h(i is lawfully entitled to the posses- sion thereof (describing the property in the aHidavit); (b) The value thereof, to the best of liis belief ; (c) That the property was taken under colour of a distress for rent or damage feasant, and in such casts the writ shall state that the defendant has taken and unjustly detains the property, under colour of a distress for rent, or damage feasant (as the case may be). 44. Where an application for an order is made, the judge may proceed on the ex parte application of the plaintiff, or may direct notice to be served 'on the defendant to show cause why the writ should not issue, and may, on the ex parte application or on the return of the motion to show cause, grant or refuse the writ, or direct the bailiff to take a bond in less or more than treble the value of the property, or may direct him to take and detain the property until the further order of the judge, instead of at once replevying the same to the plaintiff; or may impose any terms or conditions in granting the writ, or in refusing the same, as under the circumstances in evidence appears just. 45. In actions of replevin, the frrst process shall be a writ of replevin and summons, called "summons in replevin'' (Form No. 64). The description and value of the property shall be stated in the writ. 46. On entering a claim in replevin, the plaintiff must specify and describe, in a statement of particulars, the cattle or the several goods, chattels or other property, or effects distrained, taken or detiiined, and the distress or other taking or detention of which h'.i complains. 47. Before the bailiff acts on the writ, he shall take a bond with sufficient sureties in treble i,ne value of the property to be replevied, as stated in the writ. The bond shall be assignable to the defendant; and the bond and assignment thereof may be in the words or to the effect in the forms Nos. 65 and 66, the con- dition being varied to correspond with the writ. ■ il « KEVI8ED KULKH. 205 48. The bond HlialJ be subiect t,. fj,.. ^ • • clxipter 1 1 of t},P Anf ^ T provisions of sectio.i S, •n the meantnne, in the event nf i+o v • >•"« propti ty tl.e p,„i„tiff without M,e Tlr" th- ? "'7" " ''"""' '" may, witMn f„„te.„ d;;t, L „ "■^'t; V"' 'I'""' '■" ^>rtl.ep..poseof .p,ev,^« -o ' i::^,;^^ ^ ;,:-^- and shall n.ake replevin according (.the wHt. ^,ZS^ '' VI' 206 REVISED RULES. 52. If the property to be replevied, or any part thereof, is concealed either about the person or on the premises of the defendant, or of any other person holding the same for him, and m case the bailiff demands from the defendant or such other person deliverance thereof, and deliverance is neglected or refused, he may, and if necessary shall, search and examine the person and premises of the defendant, or of such other person, for the purpose of replevying such property or any part thereof, and shall make replevin according to the writ. 53. The bailiff shall return the writ at or before tlie return ■day thereof, and shall transmit, annexed thereto:— (a) The names of the sureties in, and the date of the bond taken from the plaintiff, and the name or names of the witnesses thereto. (b) The place of resideniie and additions of the sureties. (c) The number, quality and quantity of the articles of property replevi^c^ ; and in case he has replevied only a portion of the property mentioned in the writ, and cannot replevy the residue by reason of the same having been removed or carried (eloigned) out of the county by the defendant, or not being in the posses- sion of the defendant, or of any other person for him, he shall state in his return the articles which he can- not replevy, and the reason why not. 54. If the bailiff makes such a return of the property dis- trained, taken or detained having been eloigned, then upon the filing of .such return, a writ in withernam shall be issued by the clerk who issued the summons in replevin; and before executing such writ the bailiff shall take security, as provided by Rule No. 47. 55. A copy of the writ shall be served on the defendant personally, or, if he ca. .t be found, by leaving the copy at his usual or last place of abode, with his wife or some other grown person, being a member of his hou.sehold, or an inmate of the said place of abode. HEVISED RULES. _ 207 if he cannot replevv the who to^ '^^^'''''' "' ^""" ^''' ^'^ ^^ having removed o/carred(l;"rt?""" °' '^'^ '^^^^"'^^^ in -hich he is bailiff, or be alse H^ '''"' '^"' ^^ ^'^ ««»"ty of the defendant, or 'of a^^^X t^r ht ^" ^'^^ ^-^-^••- -t in a.,- of the IdeJ t ^e \VTh ^ "'^''^ ^ -oh judge may grant leave to the it t^ , ' ^'^f ^"^' '■"^-' statement of particulars ir .u T ^ '^""^ ^^« ^'"^ and -eh person L ^IZZ^TT:' "^' P^— r upon and may grant leave to the pL^^ffV"" ""J '^'^^ P^P-"- service had been effected subip.r P'"'"''^' "^'^ ^^ P^'-'^^nal may impose. ' "^•'''' *° ''''^' conditions as the judge to time, on notic to the itdff ^ /"{ ''""'' '' ^'•-^ «»- <- otherwise, to discl^^f^^^l^P^^;; f^ ^""'"^^ ^" '^^^-''^ to stay proceedings under the wr" T o V Tk"' "'^ ""'^'•' "'' specified in the notice, with relp 't o 1 r'^^'' '^''^'^ '^ ^e of the property or anv part tZral . ''*"'"' ''''^^^y O'' «ale -y n,a.e suJh ordii- Cretl rde^LTt = ''''''' '''^^ best consists with justice between ;he pZties "^^•"'"^'-- oft wHtTnVs:.ttet", ''' ''''' '"^>' ^^^ ^^^^^ -'W ' ^« ^^^red and on such terms as to costs anZii, '^'^""^^ •^'^^^^"' the defendant in todlr '"^ '"'^^""'^^ ^^ ^^ ^^inks just, let 208 REVISED RULES. 60. In case the plaintiff becomes entitled to sign judgment by default, he shall be at liberty to sign final judgment for. the sum. of two dollars and costs, according to the proper scale, but shall not be entitled to recover a larger sum, except upon an assess- ment before a judge or jury, or upon filing the written consent of the defendant or his solicitor, and an affidavit verifying the signature of such consent. 61. The defendant n)ay at any time, not less than six days before the day appointed for the trial, pay into court such sum as he thinks a full satisfaction for the plaintifi"s demand, together with the plaintiff's costs up to the time of such pay- ment. 62. In case the defendant in an action of replevin shall pay money and costs into court, and shall leave with the clerk a consent in writing that the replevin bond be delivered up to be cancelled and an express waiver of all right to the property replevied, and the plaintifF accepts such money, the proceedings in the said action of replevin shall thenceforth cease and bo discontinued. 63. It shah not be necessary to have formal pleadings in replevin actions. 64. Either party may require a jury in an action of replevin, where the value of the goods sought to be recovered exceeds 65. Where the distress is for rent, or for any other claim for which a distress may be lawfully taken, and the defendant succeeds in the action, if the defendant shall so require, the judge shall, if the action has been tried without a jury, and the jury shall, if the action is tried with a jury, find the value of the goods distrained, and if the xaVue be less than the amount of rent or otherwise of money in arrear, judgment shall be given for the amount of such value; but if the amount of the rent, or such other sum of money in arrear, be less than the value so found, judgment shall be given for the amount of such rent, or other sum of money, and may be enforced in the f-^me manner as any other judgment of the court. HEVISfiD KULES. 209 hod the„„.„„„t„f th, „„„ ,„,^^. y,/,l^,2ZL h lud^iiiPTif, Hhnll fV,^,. u • . "^ "cienuanc, fine! found. ' *^' ^'"''""* ''^ t''« damage so 67. In all cases of replevin, other than those arisinc. out of a GARNigiiEE ProceeDIXOS enquTj-, l,e ha, been unable t„ ascertain the amount thereof he judge ,„ay, upon sud. terms as he shall think just add 2' o. persons had onginally been parties to the action. ^ ^v iif ft I 210 KEVISKD RULES. 70. In an n-tion against a primary debtor and a garnisliee, in case the pri • y creditor fails to prove his chiim, or is non-suited, or judgme. is rendered against him, in favor of the primary debtor, and there is a controvers}- between the primary debtor and the garnishee, ^^'hich they V»oth desire to have disposed of, the case shall proceed to its termination as between them, in the same way as if the pri'nary debtor were the plaintiff in an ordinary action, and the garnish? e were the defendant, and vM the consequences shall follow thereafter, whatevt-v be tiie state of the cause, as would ordinarily follow, and tho -same renie>iies and judgment shall be afforded and rende;< d in all it' /ccts as between thvi'i as there would supposing tht piiniary credii.or had not been a party to the proceedings. Ti. Where an exemptiijn from liability to garnj^huusit is claimed, under -J-^h 174th atid 175th sections of the Act, it shall be necessary for t ■.t orkaary debl ; r to establish the fact of such exemption. 72. The wftrning ' ■'.»;'m 73a), shall be endorsed on or subjoined to the attaching ovdf.r issued under section 178 and on thr" sum- mons referred to in section 181 and section 185, sub-sectiou >. 73. In case a debt sought to be garnished is for wages or salary, th^ memorandum required by section 177, shewing ihe residence of tlse primary debtor and the nature of his occupation in the service of the garnishee, if he is then in such service, and >vhether the debt alleged or adjudged to be due was or was not incirred for boaid or lodging, shall be set forth in the statement of tl.3 plaintiff's claim, and copies thereof furnished to the clerk, and endorsed upon or annexed to the summons, as required by the said section 177. mH' h 1 i t \i t ^ i ; i ,1 1 1 ■ i ; ' i \ 74. The service of the summons on the garnishee shall in all cases be made at least ten days befott- the return thereof, and the service on the primary debtor or debtors, ten or fifteen days (according to the places of residence of the parties to be served), before the return thereof. If the amount of the primary creditor's claim exceeds fifteen dollars, the service shall be personal, unless the judge order otherwise ; if such claim tlc^s HEVISEO HULE8. 211 poraon re(|uiring to be served. ° * " "'" pelstd "uh''t"L''°''7 t" '" °" ""'^'' ""'^"» -"- '» "- L„, and f I't e"'':^ "T'"' T"" "'° '"™»h- ™- ™rWce, may on sucTI™ l" f ' ""'""" '"' '"'P'"'"-" -"'I' ^he7e j::.td*:ur/er I'm rr^-*-"*- -^- "- - pe^ons to be „a,„ed ^Zl^Z^T ""' ^"°" the judge may direct. "'' """"■ '"""'""• »" <.eb't^eTe;::2H:trdr'i;.;ttt^^^^^^^ -' ordered fh^ i„rl P*'"'^'' "^t appearing when -t., a. the judge ,ba„ tbLL'i „.„ iL Itir '^^'°'" ""' *° iir«t obtained from tL judge '"'^^ P'^''"'"* ^"^ ^'^^" -''if 212 HEVISED KULE8. (a) Where a garnishee pays money into court, and the primary creditor does not accept in satisfaction of the amount sought to be attached, the sum so paid into court, the money shall not be paid out until after the judgment, and any costs which shall have been awarded to the garnishee shall be deducted therefroni and paid to the garnishee. 80. Where the garnishee shall pay into court, five clear days before the day appointed for the trial, the amount due from him to the judgment debtor, or.an amount ecjual to the claim of the primary creditor, including costs, he shall not be personally liable for any costs incurred by the primary creditor. (a) The clerk shall forthwith give notice of the payment into court to the ppmary creditor, and if he elects to accept the money so paid into court by the garnishee, and shall send to the clerk and to the garnishee by post, or leave with the clerk a written notice stating such acceptance, within forty-eight hours after receipt of the notice of payment into court, no further proceedings against the garnishee shall be taken in the said suit, and in the event of judgment being given therein in favor of the primary creditor against the primary debtor, the money so paid into court shall, by order of the judge, be applied upon such judgment. In case the primary creditor had already obtained judgment against the primary debtor, the said money shall, by order of the judge, be applied upon the same. (b) Upon the return day, should the amount paid into court be not accepted, the judge shall determine as to the liability of the garnishee to pay any further sum on accoimt of the debt claimed to be due from him to the primary debtor, and as to the party by whom the costs of the action, or any part thereof, shall be paid, and make such order as may be in accordance with such determination. REVISED RULES. 213 (c) If the primary creditor shall not send or deliver notice to the clerk of his acceptance of the money paid into court as hereinbefore provided, it shall be considered that he elects not to accept the same, but to proceed tor a further sum, and the action shall proceed accordingly. ^ 81 The application under section 195 shall not be made ^x parte, but must be made upon written notice of motion o Z summons obtained from the judge, returnable at any tTme and P^ce the judge may appoint, and calling upon the'gllhee pn nary creditor, or such other person or persons as the ud.; m his discretion shall think fit. If t,he money has been paFd over, the primary creditor or other person may be called upon by th notice of motion or summons, to show cause why he shoidd not pay the money to the primary debtor or other person a^p^ng 82. The bond to be given under section 196 shall be executed by the primary creditor, or his agent, with one or more sufficlnt sureties and shall be in double the amount of the debt orde^TL be pa,d by the garnishee, and .shall be an ordinary bond to he c^erk, by his name of office, conditioned for the repayment of h money, m case repayment be ordered, and such bond shall be approved of by the clerk. ^^ ort^' I!l' ^■'''f ^'r" *^ '^" '^''^ "'^^^^ «««tion 196, may, by order of the judge, be assigned by the clerk to a garnishee upon ts be.ng shown that the condition has been broken, W non oomphance with an order for the repayment into court ;f monTys paid in by a garnishee. ""»eys ainst^!hf' ^"T'^ T"^^'"' '' ""^^'^'^ ^« ^««"« «-e«-tion bfiliff f .f"" T' '^' '"''" "^ ^''h execution and the bailiff s fees thereon shall be levied of the garnishee. thf.t T^uVi" u '"''"'^^ '''^''' "'^ ^■^""''h^^ ^^^^om issues lent btf f 'r^''' "^'^ ^" ^"^"-^ ^^^^^^^ - ^b« d^bt attach- ment book, and so from time to time shall make an entry of each subsequent proceeding so soon as taken. ^ 214 REVISBD RULES. Dkfences in Gaknihhee Puoceedin.jb. 86. Til oa8»!.s under the Act, and whether the claim of the primary creditor is or is not a judgment, the primary debtor, the garnishee and all r.ther parties ' way interested in, or to hr affecUHl by the prof-eedin',- , ■ •■ entitled to s.-t up any defence, as Vwtween the i.Mman- . iudiLor and the primary debtor, which the latter would ho entitled to set up in an ordinary action, and also any su 1, defence as between the garnishee and the primary debtor, and may also show any other just cause why the debt sought to !»> garnished should -nf ' paifl ,>ver or applied in or towards the satisfaction oi the claim oi' the primary credit* »r. (a) ApriiiMiry debtor or garnishee who desires to set up a 8t>'tutory or other defence, or setoff, or to admit hi.^ liability, in whole or in part, for the amount chiiined in such action, shall file with the clerk tha particulars of such defence, or set-off, or an admission of the amount due or owing by the primary d<'i)tor, or the gfujiishee, as the case, may be, within eight days after service on him of the srmmons. (b) The clerk shall forthwith send by mail to each of the said parties to the action a copy of such defence^ set-off or ai.nission. (c) The primary creditor may file with the clerk a notice that he admits the defence, or set-oft", or jiccei ^'^^ admission of liability as correcl . (d) A copy of the notice shall he sent by lie clerk, by mail, forthwith to tht irnislK •. (e) In the absence of any notice of defence, or set-off, from any primary debtor .- garnishee, the judge mn-. in nis discretion, give judgment again: fc such primary debtor or garnishee, subject to the provisions of sub-section (a) of this rule, (f) In the event of the primary Cic Hot <" tiling to file ; notice admitting or rejecting -h ence, .set-off oi ■'- J^ HKVIHEI) „E8. 215 adm.8s.on of liability, the garnishee shall not !«, K)und to attend the t,.ial, and the sun. ad.uitted to be due or owing by the gu,-nishee shall be taken to be the con-ect amount of his liability, u,.less the judge shall otherwise order, in which la'tter case, the garnishee shall be ..otified by the cleric, and shall have a.i opportunity of utte.iding at a subsequent date, and of being hea,-d before Judgment is given against hi.ir.. * (g) The costs oi all notices required to be given under section 188 of the Act shall be costs in the cause, and .n no case shall be payable by the garnishee, unless specially ordered by the judge. (h) If the ga.-nishee or he prima.-y debto., having been duly served with summons, does not appear on the return of such sum..,ons, the judge ,nay proceed to hear the case and may give judgment against him in his absence, but except where an adn.issio,. of liability has been filed as in the preceding part of this rule IS provided, no judgment shall be given against any f,'arnishee or primary debtor, either for want of notice of defence, o.- for default of appear- ance, without sufficient proof of the debt or an.ount due or owing by him, as required by section 187 of th»^ Act. (See In re Johnson v. Therien, 12 P. R., 442). (i) If only some of the parties required to be served, are served, the judge may give the same judgment against those served as in ordinary cases. 87. In the proceedings against garnishees under the ... . - dated rules of practice of Ti,.. 8upre.ne Court -f Judicature for Ontario, rules 940 to 945 inclusive, the forms, 173b and 152 may be used; and tlie san.e proceedings, may be taken -n the Division «mrt against the ^rnishee a. provided in the uivisio.i Courts Act and .n these rules and forms, so far as applicable 210 aKVIBBD RULES. II 'i fl )1 88. Ta cases of attachrriPiit issued in garnishee prchccf lings, under the consolidated rules of practice of the supreme court of judicature and coming within the jurisdiction of tin; Division courts ; the clerk of the Division c(»urt shall enter all the pro- ceedings (commencing with the order received by him) in the procedure lx)ok. PnoCKEDmoS HV AND A0AIN8T ExKCUTORH AND AdmINISTKATOKS. I 89. A party suiii;; an executor or administrator, may charge in the summons (Form 50) that the defendant has had ivssets, and has wasted t' om, and he shall state in his particulars the amount of assets alleged to have been left by the deceased, and the manner in which the said assets have been wasted. 90. Tn all cases where the defendant is charged with waste in the summons, if the judge shall be of opinion that the defendant has wasted the assets, the judgment sli.ill be, that the debt, or damages and costs, shall be levied of the goods of the testator (if any) and if not, of the goods of the defendant, to an amount not exceeding the amount so wasted ; and the non payment of the amount of the demand immediately, and the court finding such demand to be correct, and that the defenda t is chargeable in. respect of assets, shall be conclusive evidence of wasting to the amount with which he is so chargeable. 91. Where an executor or administrator denies his representa- tive character, or alleges a release to himself of the demand, whether he insists on any other ground of defence or not, and the judgment of the court is in favor of the plaintiff, it shall be, that the amount found to be due, and costs, shall be levied of the goods of the testator, if any, and if not, as to costs, of the goods of the defendant. 92. Where an executor or administrator admits his represen- tative character, and only denies the demand, if the plaintiff prove it, the judgment shall be, that the demand and costs shall be levied of the goods of the testator, if any, and if not, as to costs, of the goods of the defendant, upless the judge otherwise orders. RKVIHED KCMM. il7 03. Where the Het,.,„h.„t ™l„ut. |,i., repre„.„ta,,iv,. „h»r,>c...,. f»,« • J u ^' ' ^ ^''^ S*""'** "^ th.. (lofendunt unless the judgp.,therwiHe orders- und nu t„ fk„ , , '""""^' """^^ iL 1 . viti.T, iiim as to the w ho o or rpulrliw. -.*• £3-^rrx-r;;:.:-t:;si:~ proving the adimnntnitioii .,f ii,»et«. buflnr'T !,''" '^''T'''"" "'""'" '"■' "P"»«nlative chancer 00"::': ::r ; """, -"r - """ -'■ "-'■'" "" '■"■-■ and ?h "^f"! '^ t^'"'"^' "^"^^*^ ^'« representative charaoter ration of the assets, an.! proves the administration aliened the dgmen shall, in case of total administration, be for a elwl e^ St 'tin f'r 'r "" '^^ ''"''-' ^-' '" -- "^ paXi : ; : istmtion, for such amount as is shown to be in his hands of th. goods of the testator, and as to the residue of ^1.1^ / ^ tration of .«et», „n,e„ the .judge .hal, ottrTe o'lie; '""'""' Jfhe'Ilirtir "f ""»"' """"" •"' ™P-«»tat,ve Canute, juagment shall be, to levy the ai.Hmnt of the demand if so much aTrrrrrj^er^^^^^^^^^^^^^^ ■ •"'^'> "i "u! gooas 01 liie I r mi !18 KEVIHKD HULBS. testator, if any, and if not, as to costs, of the goods of the defend- ant ; and as to the residue of the ileniand, if any, judgment of assets when tliey shall have come into his hands. 97. Wluire judgment has been given against an executor or administratoi', that the amount be levied upon assets of the deceased, when they shall have come into his hands, the plaintiff or his pei-sonal representative, may issue a summons (form No. O.'i), and if it shall appear that assets have come to the hands of the executor or administrator sincti the judgment, t\w judge may oi-der that tlie debt, damages and costs be levied of the goods of the testator, if any, and if not, as to the costs, of the goods of the (Itifendant, provided that it shall be competent for the party aj.plying, to charge in the summons that the executor or adminis- trator has wasted the assets of the testator or intestate, in the same manner as in Rule 89, and the provisions of Rule 90, shall apply to such inquiry ; and the judge may, if it appears that the party charged has wasted the assets, direct a levy to be nuide, as to the debt and costf of the goods of the testator, if any, and if not, of the goods of the defendant. 98. VV^here a defendant admits his representative character and the plaintiff's demand, and that he is chargeable with any sum in respect of assets, he shall pay such sum into court, subject to the rules relating to payment into court, in other cases. 99. In actions against executors and administrator.s, for which provision is not hereinbefore specially made, if the defendant fails as to any of his defences, the judgment shall be for the plaintiff, as to his costs of disproving such defence, and such costs shall bo levied of the goods of the testator, if any, and if not, of the goods of the defendant, unless the judge otherwise orders. (a) Tn case an executor or mlministrator pleads his notice to creditors and distribution of assets, he must give notice of such defence, and that there has been u proper audit of the accounts of his administration. 100. In actions by executors or administrators, if the plaintiff ftiil, the costs shall, unless the judge shall otherwise order, be awarded in favor of the defendant, and shall be levied oi such, goods as the judge shall direct. HKVISED KULK8. 21^ (a) If the plainUff sues ,.r the defendant or u.iy of the def.-ndants is sued, in a representative capacity, it shall be stated in .the partioulara of claim in what capacity the plaintiff sues or the defendant is sued. (b) Trustees, executors or administrators may sue and be sued on b.,half of, or as representing the property or estate of which they are trust(u>s or repres«u»tatives, without joining any (,f the persons beneficially inter- ested in the trust or estate, and shall be corisidered as representing such persons; but the judge may, at any stage of the proceedings, order any such persons to be made parties to the action, .uther in additile the defendant to give such notice, or may in h a tio ;"' y ""''" '^ '" «'^^"' '^"^ ^''« ^-' "^ th action to proceed at once. JUDGMENTS AND EXECUTIONS. Special Summons -Several Defendants. hi? ^J"'' '''''V '^'''"^ defendants, and all of them nlaintT- . """^ "''' ' ^P^°'^^ «"'— ' ^*-- -l-« the plaintiff IS content to take judgment against those .served only judgment cannot be entered by the clerk on his behalf bul a!!1„ ^" !T '^\'''''^' ''^^"•'■^^l ^y t!»o 109th section of the Ace has not been given by a sole defendant, or by one or more ■o^^^several defendants '.nd the plaintiff is willing'to take jud^ ZlZ n •'^'-- "'' '"'^^^ '" ^'^P"*« *he plaintill. I turrof'; T ^'"": '^ ^'^ •^"'^««' ^he clerk, after receiving ^ retum ot the '0 24 KEVIHED KULE8. service, may, on the twelfth day after tlie service of tlie summons,, where the return is the eleventh day aftei- service, and on the seventeenth day, where the sixteenth day after the day of servifie is the return day of such summons, or at any time within one month after such return day, enter judgment against the defendant or defendants so served as aforesaid, for the claim, or so much thereof as has not been disputed, without prejudice to the plaintiff's right to recover ff)r the remainder of the claim. 118. In actions commenced by special summons; where there are more defendants than one, and some of them have been served with process, but have not given notice disputing the plaijitiff's claim, and other <>i' others of them have not been served, but have given a confession of the debt, the clerk ihall produce or transmit the confession duly proved to the judge for his order, and when the judge's brder shall be procured, the clerk may enter judgment within one month after the return of the summons against all the defendants for the amount claimed in the particulars, provided that the defendants who have confessed shall have acknowledged the same amount by their confessiim, and such judgment may be in the form No. 81, and it shall not be in the power of the plaintiff to elect either to proceed on the confession against some of the defendants, or to obtain final judgment against those defendants who have not confessed, but the judgment shall be entered against all the defendants jointly. 119. In any action brought by special summons against several defendants, if all the defendants have not been served upon the same day and no notice of defence has been entered by the defendant or defendants first served, the clerk may immediately after the expiration of the return day, in the case of each defendant, enter a minute in the procedure book, stating the facts of service and of no defence ; and if no defence has been entered by any of said defendants, the clerk may, iumiediately after the time has expired in which the defendant last served might have entei'ed such defence, sign final judgment against all the defendants. 120. Where there are several defendants iii an action com- menced by special summons, under section 109 of the Act, and i m i*ai "IT' HKVKSKH KULEH. 225 Ola mo 1r'"'- '"'' ''' ''^^-^ «»-" -^- disputing the claim of the pla.nt,ff. an.l another or others of then, have nol g:ven. such notice, the piaintift may have final judgment tte i'sue lut'n '^'T'"^ ''"^'■'■"^"' -^y cause' execution to sjuul upon such judgn.ent ; without prejudice to his ri- the same in the procedure boolc f ., """ '""''' ^^^^ «"ter upon become a M^:!:!":^ l^JT^^ ^ '' '^f, ^^-- due thereon, as appearing by the heS' ?^' ""P"'^ ^^'^^^'^^ may be enforced in the same nl '''"'"' ^"^ *''« '^^"'^ the Division court '""'' "^ ""^ ^'^^ Judgment o£ J], ^4l 228 uiivi.sKi) ui.LKs. (a) Where a claim in not ^.lii i'> i'ull, and the HheriffH return, under the Creditors' I'v lief Aot, rol.itcH tea judgment or execution of the Division court, and is Hied with the clerk of the court in which th<^ judgment was recovered, or from which the execution issued — the clerk shall make an entry in the procedure book at the place where the judgment has been so entered, and the effect of the sheriff's return shall therein \)e set forth (Form 95), and if the 8heriff"s return shows a part satisfaction of the judgment or execution, the same shall be so state ; iclt return, and shall take proceedings thereon, aa \;]jvn. any other judgment of such court. 134. After a transcript of judgment has been issued from the home court to a foreign court or to a county court, the clerk of the home court has no further right to deal with the case, as his functions have cer.sed therein (except by order of the judge or under the provisions of 52 Vict., chap. 12, section 24), and he cannot, either as agent for the judgment creditor or otherwise, order, in the na.ne of such judgment creditor, or of anyone else, that the mon sy made or paid thereon shall be transmitted to himself or to any other person. (a) When, upon the application of any plaintiff or defendant having an unsatisfied judgment in his favor, a tran script of the entry of such judgment, under section 217, or a transcript of the judgment under section REVISED ItULEH. 229 223 of the Act, is iHsuHtl from the co,,, i vhich th.- jur) ment has been , .overed, an .-ntry luereof shall be n.ade by tl.e . I, rk in the pnK,.edure Ix.ok, and no further procM-dingn shall \h> had in the said court upon any surh judgment, without an onU-r from the judge, except as provided by section 217 of the 4ct us amended by section i'4 of 52 Vict , chapter 12 • in' the ease of a judgment of which a transcript has been issued to another Divisif)n court. (b) Every transcript of a judgment shall ...pm-ed by the clerk upon a full sheet of fools per. carefully written in a plain hand, or print Uhout contrac- tion of words or figures, and shall .« according to the forms 1(J4, 164«. or 161/,. and if a judgment has revived, the order of revival or its purport shall be -^et forth therein. 135. No t ranscript or copy of a judgment shall be issued or acted upon under the 215th or 217th section of the Act, where the proceedings have abated, or in a case where no warrant of execution or judgment summons shall have issued on a j«dcr„,ent more than six years old. unless such judgment shall have%x.en revived. 136. In cases that have been brought to trial, the clerk shall not issue any transcript of a judgment until after the lapse of fourteen days from the trial, except upon the order of the judge. J^^J- ^!!^ ^"ft' °* proceedings on a tratiscript under the 217th section of the Act, may be n.ade in the procedure book, of the court to which it has been sent, in the form of an ordin- ary suit, as near as may be. And the procedure book shall for tha^t purpose, be the transcript of judgment book required by the 138. All special judgn:jnts or orders shall be prepared by the clerk, or such other person as the judge shall direct. Either par y dissatisfied --ith the judgment or order as so prepared may apply to the juo^e by motion to vary and finally settle the same ; but, except h. leave of the judge, such notice shall not operate I 'V m MICROCOPY RESOLUTION TEST CHART (ANSI and ISO TEST CHART No. 2) 1.0 I.I 2.8 I4J Hi us 1 4.0 1.4 2.5 2.2 1.8 A APPLIED irvMBE Ir 1653 EosI Main Slreel Rochester. New Vork U609 USA (716) 482 - OMO - Phone (716) 288- 5989 - Fax 230 rp:viskd rules. M as a stay of proceedings. The judgment or order, when finally settled, shall be filed, and a minute of such filing, with the date thereof, shall be entered in the procedure book. Revivinc! Judgments, Etc. 139. During the lives of the parties of a judgment, or of any of them, execution or other process may be issued at any time within six years from the recovery of the judgment. 140. In the following cases: (a) Where any change has taken place after judgment, by death or otherwise, of the parties entitled or liable to execution. (b) Where a husband is entitled, or liable to execution upon a judgment or order, for or against his wife. (c) Where a party is entitled to execution upon a judgment of assets in future. (d) Where a party is entitled to execution against any of the shareholders of a joint stock company upon a judgment recovered against such company, or against a public officer or other persons representing such cempany. The party alleging himself to be entitled to execution must apply on affidavit to the judge for leave to issue execution accordingly. And such judge may, if satisfied that the party so applying is entitled to issue execution, make an order to that effect, or may order that any issue or ([uestion necessary to determine the rights of the parties, shall be tried in any of the ways in which any question in any action may be tried; and in either case, such judge may impose such terms as to costs or otherwise as shall be just. No order to issue execution shall be made under this rule OK parte, but only after at least three days' notice to the party against whom it is sought to issue execution, unless under special circumstances the judge shall otherwise order. 141. No execution or other process shall, without leave of the judge, i.ssue on a judgment more than six years old, unless some payment has been made thereon within twelvemonths previously ; REVISED RULES. 231 but no notice to the debtor, before applying for such leave, shall be necessary, and such leave shall be expressed on the execu- tion or warrant, or summons in the words, " Issued by leave of the judge." 142. The renewal of all writs of execution may be made from time to time, before the expiration thereof, by the clerk of the court issuing the same, by marking on the maigin of the writ a memorandum to the following effect :-" Renewed for six months from the date thereof." Dated day of 18 . X. Y., Clerk. 143. Where one or more of several plaintifts or defendants shall die after judgment, proceedings to enforce the same may be taken by th.e survivors or survivor, or against the survivors or survivor, without leave of the judge. Cross Judgments to he Set Off. 144. In case there are cross judgments between the parties to an action, the judge, on the application of either party, ma)-, by order, direct the clerk to make an entry thereof in the'proced'ure book, and that the party only, who has obtained judgment for the larger sum shall have execution, and the clerk shall (if required) issue execution thereon in the ordinary form, for the balance over the smaller judgment; and he shall enter 'sati.sfac- tion on the judgment for the smaller sum. If both sums are «qual, satisfaction shall be ordered to be entered upon both judgments. (See Forms 223 to 22G, inclusive). ^!l« CLERKS' AND BAILIFFS' DUTIES. 145. The clerk ..f every Division court shall have an office at such place, within the division for which he is clerk, as the judc'e shall direct. " 146. The following books shall be kept by the clerk, and the necessary entries fairly made therein, namely : 1st, a book to be called the " Procedure Book," in which shall be entered a note of 13 it i I •2:y2 RKVISEO RULKS. all process issued, and of all orders, judgments, transcript* received, warrants, executions and returns thereto, and of all other proceedings, in every cause, and at every court ; 2nd a book to be called the "Cash Book," in which shall be entered, from day to day, an account of all suitors' moneys paid into and out of court ; ;?rd, a "Debt Attachment Book ;" ^th, a "Clerk's- Fee Book," for the purposes set forth in section 08 of the Act • oth, the "Judgment Debtors' Book," provided for by Rule No' 201 ; and 6th, the "Order Book," required by sub-rule ^a) to this- rule, which books shall be according to the forms Nos. 4, 5 6 7 8 and 9, and shall be kept, as nearly as may be, in the manner shown therein, respectively. (a) The said order book shall be a book in which all orders for the issuing of process or alias, or subsequent sum- monses, and executions and other documents recjuiring duties to be performed by the clerk, from day to day, shall be entered and dated as they occur, and signed by the party recjuiring the same, or his solicitor or agent. 147. After the books which shall be in use, when these rules come into effect, shall have been filled up, the clerks of the respective courts shall keep procedure books in the form No. 4 following and make entries therein according to these rules. (a) At the beginning of each such book shall be printed and ruled a page of specimen entries, which shall be taken as suggestive for form of entry therein, according to the nature of the proceeding, as shown by Form No. 4. Entries in the procedure book are to be under and subject to the direction of the judge in all cases. (b) At the commencement of each procedure book is to be an alphabetical index bound up within the book. (c) The index of the procedure book is to be ruled and lettered the same as ordinary commercial ledger indexes, suited to the size of such book. KEVISED RULES. 233: (e proper:^ in-S' in I^Sl ^^.^thl^ the parties, and the ,ear nu.nberVtt si i^tr. ^^ Under the letters MoC. Yeur No. ""^ 17,1891 McCiimniG.n. ats. Jay- Deft, pift. ^ (rn this case, Jayland being the nlaintiff' ) Ar .. • ^''^^ ^^'- «^ "tier the letter J. Year No r„ • tear i\o. Jamison ats Afr-n, u >8 Primary debtor/ p";?-;,„^'t.^™°W. Under the letter (i. Year No. ^''^' '"• 19 Grarnishee <^TOugh. ats. Pierson Priinary creditor. Pfige 77. (e) Every bailift" shall keep a separate book, <' Fee Book " m which he shall enter, from day to day Ilf fe"; charges and emoluments received'by hi.if'by vi^; of hi. oHice, as required by section 68 of the Lt 1"! which shall be according to the Form xXo. 12 '"^ (f) On the L5th day of January in every year he shall , L preMous year, a return to the inspector, under oath showing the aggregate amount of fees, diaries and emoluments so received by him by virtu of h^s offi "e and which he has become entitled to receive andhn not received during the year. ''^' (g) In the return made by the clerk shall be shewn the actual amount of the disbursements "■—-/ (a) Every clerk receiving .,ucl, ™„„,„„, ,„ „„.^^ , enter all ,„cl, proceedings in a b«,k, to be ca ed W hm, for the purpose o( recording the same, (b) No cle.k or bailiff' i, .„th„ri.ed to receive nroney fron, a defendant or primary debtor, or garnishee npon a c »..n or ,„,t whe,. the .,n,„n,on» I, merely forw^d for service, or served under this rule, either a, a^ent 236 KKVIHKD HULKH. for the party, or as clerk or huiliff of the court, or otherwise. This rule shall not be held to apply in thfr ease of a clerk or bailiff who is post -master receiving and transmitting money by means of postal money order, under regulations of the post office depart- ment. 155. The clerk shall, for each sitting of the court prepare, M.ree hst.s, viz: a Jury list, in which he shall enter all cases to be tried by a jury; a Judge's list, in which he shall enter all cases to be tried by the Judge alone, and a judgment debtors- list, in which he shall enter all cases in which the judgment debtor has been summoned for examination under .section Jjr,. (a) In the jury list, and judge's list respectively, all causes in which the sum sought to be recovered, does not exceed mOO, shall be entered first; and sub.se,,uently all causes in which the sum exceeds $100, and subject to this provision, causes shall be entered in the jury list and judge's list, respectively, in the order in which they were in the first instance entered with the clerk ; and in the judgment debtors' list, they shall be entered in the order in which the sura- mon.ses foi' examination were issued. (b) All interpleader issues, in which the money claimed, or the value of the goods or chattels claimed, or of the proceeds thereof exceeds $100, or where the damages claimed by either party against the other or against the bailiff exceed the sum of .$60, shall be entered among the causes in which the sum sought to be recovered exceeds $100. (e) Nothing in this rule provided shall interfere with the discretion of the judge to dispose of the causes at any such sitting of the court in the order that may seem most convenient to him. (d) The lists shall be divided into and luled with the following (i headings, viz. : — 1st. The number on the list (to be stated consecutively). KRvisKn nunKs. ■2:i\ ->nd. The year nun>l,er of tlu. sunu.n.ns. ■hd. The style of the cause. tiact ur for t<.rt, or in reph.-in, or an iuU.-uk.uU. •"• 'I jud-nient suuiinons, etc. ' ;"Hh. The aiiioiuit chiiined (if any ) ""■ 'liitr;',;;-*'^ - *-^" - - - TaiAi. liv .JcKv. -S4::;::/:^:::-:i:^-;»:r -- and „lso twelve copies thereof fn,. '»»"<•» ™ ,„,, .Wiver tl,e,„ to Ch^tZ::^' V t"''' """ "'"'" -e,„.«.e;j::,it..::;:;?u=tt;:s'" Pkocked.vgs i.v T.,axsf,.:«kk„ Cases. nmnner directed by section 87. "' '" ^''" pa!tt of tiCtV'iz:;''^ *"" """™"" """'^- '"^ ing them of the chtl 1, 1 ^^ '" "'S"t<'r<^ noti.e, mt,,,-,,,- o-e i, ,,o be tried " P'""" "' "'" ''"'"«» »' »l'i«l' »ueh fi 238 KKVIHEI) KULKM. 160. When Mnal judKiiu'iit is entered by the elerk, the clerk IS to Hie the sununons and particulurH of chiin., with the urtidavit <»t the due wrvice of both. PoSTPONEJ) JuDfi.MKNT. 161. In case the jud«e shall at the trial postpone pronouncing his d.-.s,on, and shall either omit to name a subsequent day and hour tor the .lelivery thereof in writiny at the clerk's office, as provuled by section 144, or having named such ,]ay and hour shall onnt to give his decision thereat, and shall not have duly- extended the time for giving the same, his decision may subse- quently be given by hin. at any regular sittings of the court, or in writmg at the clerk's office, upon a day and hour to be fixed by the judge ; provided that written notice of his intention to do so sh.all have been sent to the parties, or their solicitors (,r a-ents by registered letter, at least ten days prior to said sittings, or to'the cky so fixed by the judge, either by the judge or by the clerk of the court ; such letters to be addressed to them at the addresses given by them in pursuance of Rule No. 241 ; if such address have been given; and if not, then at their last known places of abode. 162. In case the defendant shall have given the clerk notice that he disputes the plaintiff's claim, or any other notice of which the plaintiff should be informed before the trial, or if the defend- ant has given a confession, or failed to give notice of defence when required, the clerk shall immediately send the plaintiff" notice thereof, 163. The clerk of every Division court shall, immediately after the receipt of any sum of money for any party to an action, forward through the post office, to the party entitled to receive the same, a notice, enclosed in an envelope, addressed to such party, or in case of a transcript of judgment from another court then to the clerk who issued the same, at his proper post office address, informing him of the receipt of the money. The notice thus sent shall be prepaid and registered, and the clerk shall obtain and file ainqng the papers in the action the post office certificate of the registration, and shall be at liberty to deduct RKVINKi, HULKS. , from arnonK the pape. in h ac^n f , ""'"'" ''^" '^^-"- tion shall be prin.i faci" ^^" "^ "'^ ""-^'"-"'^ "^ '•^'^i^tra- notice has not been forwarded! ' """"'*' ''" ^^'^''"^ ^'^^ ^''« 164. Thf! clerk iind l>;uliff nf tl pretence whatever withhol,! «„„ ''""'' "'"'" ""' "P"" ""y •he sround that any ce ! T lir""'", ™"''™' '■" ™""'-». "" •".';'"«™ch,„„„e/.,,he;;; tfo 'ir:;:',:';"'' '.'•''r'""- such moneys, when received ,.,. n ? , ^'^''^''^'^e ; but all P^i over to the order 7^ pa^rtidt' th" ""^'^ '^" ^^"'^ reference to such accounts. '^'^ '**'"« ^'t^'out 165, Where monev is rereiVor) K *u , '>>' '^ solicitor or agen\ wl^ T;; pl,'^^^^^ '''''■' "» '^ ^'^ entered for costs to the clerk, snch . oLv st u ^ ^^""' "' '' ''««P™-^^le -'ioitor or agent be ;aid ouTrh ':r .In 'r^r'^^ '' ''' thereu., unless upon the order of the^udge. ''^"^'"'^">' '"^--^^ted Notice to Dkfkvdant ok Plaintikk p Rr«., ^LAI.NIUF ProcEEDI.VG POR Kemaindkr op Claim. ^'>ali notify the defendanrby po t of k""' f^"^^^'' ^^o clerk usual place of abode or bu inL and h ^' T ? ""'''^^ *° '"'^ '^nd where the case is to be tried. "°'''' ''"" ^^'^^^ ^^en Notice op Leave Grafted to Dkpkno. 167. When, the judge ha>^ l.,r i ^iefendanttodrsputetheplantir\'''^'''' ^"""'"^ ^«-'« ^o a left with the cle'rk th re^U " e lo ""' "^ ''"' ^^^^^^^^ '>- n2 of the Ac, the derk ^ t" o^" f-'"'^' ^^>' ^^^^-- o" agent, notice of such orH^ ^ZZT'^' ''' ■^"^'^'^-• court the case will be tried. ^ "*^'"« '^* ^^''^t sittings of the .■aSelry.:;:;::;'::;,:^::''^"''""'' p-- -^ *■- -.■ -y other per.nn interv ^IIT ,a .l!'"™"''"" P™==«^'"8- •■- * or clanning any interest in the suit. lii '240 IJKVtHKK ai I,KM. If- Um Kiv«i, the clerk lu.tico that lie .Jisj.utos (he riain. ..f the phiintiir.,r priinuiy cr.-' ^'^'"'- "«tins judge. "^'''" ''^ ^'"* J"''«^' or 175. Oi, payment of a fee of in «» * required »'y parties paying costs si al • ' """'^' '^''^^ ''^^''^ of ite-us of all costs, Lfudi, 1 I /-T " ''''''"^^'^^ ^n writin. '>eingfurnishedwitht lentlrn : '" ''^^'"'"""^ "P"' the san,e by post. ^ ^''''"■«' '"• P^'^t '-.J, transmit riKTrnvs. 176. The clerk shall, on the 15th ,i.. f , y-r make, up to and including the 3Ist da' of n""'u'" ""'•^ previous year, a return to the .nsDecfor J ^^'^^■•"ber of the be furnished to him), shev nlthe " " ' ''*^ ^"" ^'"'"'■^ ^o oharges and emoluments re^^ved bfhir: TTm ^^ ^^^'^^ become entitled to receive and has J ^2::^::::::,!:^::: return, and shall also pay to the f " P''"^'" "^ '^' ^^"^ province, such proportio^of he' eet^d"' 'T ''' ''' "^ ^''« h"n during the preceding year as under fh n '•'""''* "^'■'"^' ''>- (section 59) he is not enSt ed to retain to V """ "^•^"''^•^ ^^' D.c._i6 ^'^*^'" *° bis own use. 242 KEVISED RULES. 178. Th(i list of unclaimed moneys, required hy the 49th sec- tion of the Act, shull be made under oath, according to the form N(.. 221, and shall, in the month of January in each year, he transmitted by the clerk, together with the moneys (if any) therein mentioned, to the county crown attorney, and if no money remains unclaimed, the fact shall be stated in tiie affidavit. 179. At the opening of every court, and at such other time* as the judge shall re(juire, the clerk shall lay before the judge the returns of bailiffs, under llule ID.'?, duly certified under Rule 194 (See P^orin 239.) 180. The clerk shall, at every sitting of the court, report in writing to the judge as to the several sureties of himself and the bailiff or bailiffs of his court, showing whether any of them have died, become insolvent or left the country since his last report, and mentioning any facts c«mnected therewith which ought to be made known to the judge. 181. Every Division Court clerk shall make a return to the inspector of Division Courts, on or before the l.'ith day of Janu- ary in every year, showing the number of judgment debtors who, during the twelve months ending the 31st day of December, pre- viously, were ordered to be committed, and also of those' who were actually conmiitted, under each of the five heads mentioned in section 240 of the Act. Transfeh of Cases to the Hioh Couht. 182. Where an order of transfer is made, under the Judica- cature Act, or the Division Courts Act, the clerk of the court in which the proceedings were instituted, or the suit is pending, sliall annex together all the proceedings and papers filed with him, and transmit the same, together with the order of trans- ference or a copy thereof, to such officer of the High court as the order directs. Bailiff's Duties. 183. Every bailiff jeceiving summons for service from a clerk shall promptly serve the same, and shall, immediately after service has been effected, make a return to such clerk, showing the mode RKVISED KUI.es. ■•'t"™ a,„l attendance and „ k „ " ..^ ':"""'«' '" '''« »«■ ^r *e ti„,e f„r ,e„i„e has exp „d rl^ ', ' '""""-""Kv after ".«mg the reason for non.TeS' ririV ' """" '" '"" '""'-•. "iinunons. ' '" »"'"■& on the back of the "■'l"i.«l by the i„,|,,e „, jl *'' ™r' "' ""'■•'■ '""" » shall he ■"'■ '""de for the p^.^, L : "j; *■"' "'' ™'"""'> Reparation, '■'ake all nece.»r/nro^ .nn tic "' "'" "'""■'■ «« "'"'" -.J witne^e,, and pe rf™ u h „T"'" °'*''' ™" "'" P"'*" ""Po»«l by the jndge. ""^ ""'""< "'o™' "^^ .my !» -l^'-T^: S;';iet'',,::';;'^ 'r: "-'" ^- ">, .. be -ery warrant or executio Ih l^ ^.riM '" "I'"" ^'"^^ "-"' h'... to execute, and shall enter frol *""" <''"™™l '" l.e sl.all have done under ,™w h h '"' '" '""" '''""''" "h"' «,"-»- be not execuL eco S:Tr'''^"""""^ """ win- It was not ,„ executed ■ „„d Zju . ? "'"«'""'>' """«*. «ive to every party interest^^eer; :,;";" T""'"" "■'"™' "» to the execution or no„-execut,„n '"/°""''""" ''o ""V .«|uire oution; and the book rreouZdt" 1 "t"^ '""'' '''"''''"'' "'' ""■ .'^'e tin,es, be open for ins^ ^ ,t Xf^i:*"" '-""- seizure under the execution . \ ^ ' "'' ""'"''^ *'»« He h.s been unaWe ^ ^ j^^^^^^^^^^^ that w.thin the thirty days • in whioh V ^"■"P'''''^' "•ake a report Jthe olirrof ^T '"^^ ^^ '""^^ and of the facts of the '''"^''''^" "^ ""^"^''^ -eportther:::,::^-:-;^^^^ ;« :i 244 REVISKI) KULEH. (b) In case the bailiff has ofVered the property for sale (after duly advertising it), without being able to either effect a sale or to realize a reasonable amount therefor, he must not sacrifice the property, but must offer it for sale again, if within the thirty days, and if after the thirty days and the execution has not been renewed, the execution must be returned—" Pro- perty on hand for want of buyers." (o) If an execution is returned by the bailiff—" Property on hand for want of buyers," after the thirty days, the clerk cannot renew the execution, but must issue another process— directing the bailif! to sell the property on hand for what it will bring. (d) The whole of the money for debt (or damages), costs, interest, bailiff's fees and percentage (but not dis, bursements) must be paid over by the bailifi to the clerk from whom he received the execution ; and after the bailiff's fees and charges are duly taxed, the clerk nmst pay the bailiff's proper taxable fees on executions, duly returned according to law, and none others. 186. Every bailiff receiving any money by virtue of his office, shall, immediately after the receipt thereof, pay over the same to the proper clerk, and neglecting or failing to do so, shall be sub- jected to the loss of his ofiice. 187. The bailiff, or other officer executing any warrant of com- mitment, shall, at the time of delivering the party arrested to the gaoler, deliver to such gaoler the warrant of connnitment, and hall endorse thereon the amount of his fees and mileage, and a statement of the actual day of the arrest. 188. The bailift" receiving an execution shall immediately endorse on the same a correct statement of the day and hour of the day when he receives such execution, and in addition to the formal return (Forms 23.") to 237 inclusive) on every execution returned, he shall give a correct and full statement of the par RKVISKI) HULKS. 246 '90. Tncase a 'Humumn.s ' is „„t „..., , ■ '^I'Hll return .hn su.nn f..,.tlnvith . '"f'""l'^»t, U.n l,Hilifr '""'>«, and the clerk ,shul| a,ld ,, , ' .'""'' '"'"' •'*'^""'' <'»'«' hu.u- t'H^ week and n.ontl. o J .f .". ""'"•" "^ ''"' P'<'I-- '%« of "f tl.o court are ,o be hoUl . d . , 7" l"" """•' """"'"« -■ttir.,. effected. ^ ^'""' ^""•' <-" ^""" until due Hervice is ^a!'!'sM;::r -r^r;;:;:;;:' --^ - '^ ^-'«" -rt t,. ^''" clerk of the home Ju t wh<. / '.'' T;"'' ''" ^''"-"•-ion to provided for. "'' "'^"* '^'"^" '"^'' <'"' '--v notice alK,va 192. Every Nuuimon.s must h,. w. i "- tH„ ., ,. „„„„■,;;;: ~t <::!'::;'■" "-^ ■" --'» 193 \f -hall ";uirrZi::iH7,c' .;:',:"': "r- "■"•• - "■« i""«a writ of execution in |,i, |,„„,|, „„,,,'' "' "'"^y "'"ram ,„„| -inoe h,, ,„. u„ ; ' ; "ti: « " "" '■"- •-■ " winch he ,h.,| h.ve been ^,.i,i,^:Z^X^ ""' "' ""'"'■""• 240 REVISED RULES. liJ • return, and .f found correct and complete, within ten days after h receipt thereof, shall endorse thereon a memorandum in th to lowing ,ords : <. I have carefully examined the within return th sa ,, ,u, true and correct in every particular, to th best of my knowledge and belief. Dated the day of IH , clerk." And if such return be found by the c^rk to be incorrect or incomplete, he shall forthwith give notice ttTulgt ^"'^"^' '''' '' "^' ^^^"™ '' ^-'^ ^^ «'all notify dehv^dWr ^^Tr"'''"^'' '" '"^ ''''' shall be hindered or delated by the neglect or misconduct of the clerk or bailiff of a foreign court or of the home court, the clerk or bailiff causing he .am. shall forfeit all fees in s^h suit, and shall, iTS Ln thereto, pay any loss or dan,age that may rosul from uch hindrance or delay to the party suffering theifrom. 196. No clerk or bailiff shall, directly or indirectly, purchase or be concerned in the purchase, or have any personaUnter:!:^ Ial2 '"T " tT ^" ^"*' '" *^^ ^°"^^«^ -h-h he shall be an ofhcer, and any clerk or bailiff transgressing this rule shall be subjected to the loss of his office. 197. No clerk or bailiff shall, either by himself or his partner in business, be engaged either directly or indirectly as agent for any party, during the conduct of the cause in nourt,-:nd any lol fT- 1 ^"^"^^'''^^^^'^g *his rule shall be subjected to the loss ot his office. 198. In case a defendant determines to settle an action or pay he demand of a plaintiff, or pays money into court under sectln 120, such settlement of the amount or payment of money into court, must be made with or to the clerk of the Division court in which the suit WHS entered, or the proceedings thereof are beinc. carried on. "^'"» 199. No bailiff of any court shall have the right or be allowed ' to take or receive any money from any defendant or party in any caiise, either in settlement or on account of anv " >bt sued or claimed, or of the costs thereon, except in cases in which he has REVISED RULES. 247 an execution in hi^^ Jm,,^ allowed to tak. or receive anv f ^*'' '''^ "g''^ ««• ^^ party in any cause, eitl.er in settleren?' ""^ ^'^^'"^'"^^ ^' «-- costs, unless a suit has been .oT ' T ^'^^'^'^"^^^ '^"3' debt the recovery thereof, or the c 1 TT n' '" ''^ ^^^" ^-'^ f-" or a transcript of ^^JZ:^^:^!^!:'' '''''' '^^ ^"''^ been sent to him from son.e other" ourt' '"' '^^ P"'^>' h^ Judgment Summons. prSutr:?;;S:^- ^««ed ^"^^-"^. ^^ho desires to file with the Cerk an arndT. ^trTr 5?)'""! '^^^^^^ ^^^' '^^'^^^' and thereupon a summons (Fo mTo 54)]^' " '" f" ^'^^ ^«"-'*. number in its order, shall be issld '/^'^^"""g ^^e proper new ^n a Division court other than tW '• '^.\P''"'^««ding be taken entered, there shall be del ered ! .^ T ,'' ''^ ^"'»'"^"^' -- judgment. ^'^"^ *« ^^e clerk a transcript of such 201. In order that a nartv url,« e^ discharged by the judge LLVk'' '^'"'^"^^'"^'^ ^'^'^ ^'^^n examination at the suit of L ''^^''' summoned for without notice of such examinnH '''"'" ""' ^"^ ^^^^'' ^''^ditor, - which entries may bT Tad 7n' 7'^'"' ^'^" "^^^^ « ^«^ -lied the .< Judgme/t DebW E^k f .^T 1 ^." ^"^-' ^o be be entered the date when each U.T ^ T ^^' '" ^^"^^ shall and discharged by the judge 1 ^""1 'f'^^ ""^ ^^^-d - - cause in which hi w^' st^redr;^:::^: ^" ^^^^^ -left:: r pvrrtiitt; ttr ^^ --^ ^^- ^^•- under section 235 of the Ao, f , ''''"'''' '' summoned attendance shall not be con.!^' ". T "^*^ '''^'^"d' «"«h non- been paid or tendered, whrfumm T^' ""'"" ''' "^^^^ ^'^e five cents for his day s attendr 1' ' '"^ ''^"^' *« ««-enty. W his place of re'iLn t:r''; *"" -"^« ^or each mile, --t. Such payment the , If ' -eh sitting of the ordered by the judge. '''' '^"•'*^' ""'««« otherwise ^^^ BEVISKD RULK8. Warrants of Commitment. 203. Warrants of commitment shall bear date on the day or> which the order for commitment is made, and shall have endorsed thereon the amount of debt and costs on such proceedings, or of fine and costs, np to the time of its delivery to the bailiff for exe- cution, and shall continue in force for six calendar months from such date and no longer, unless renewed by an ex parte order of the judge upon affidavit showing the cause of the non-execution and that the moneys payable thereunder have not been satisfied.' (Forms 162 and 162a). 204^ Upon application (which may be made ex parte) founded upon affidavit, showing to the satisfaction of the judge the cause of the non-execution of such warknt, and that the moneys pay- able thereunder have not been satisfied, such judge mav, during the continuance of the warrant of commitment, order'that the name may be renewed for a further period. Such renewal shall not be for a period exceeding six calendar months, and may, i„ the discretion of the judge, be for a less period. 205. The renewal of a warrant shall be made by the clerk, and shall be marked on the margin of the warrant, or b^ endorsing thereon-" Renewed by judge's order for calendar months from the day of A.D. 18 X.Y., Clerk." Payment on Arrest. 206. When a warrant of commitment is issued, the defendant may, at any time before his body is delivered into the custodyof the gao er, pay to the bailiff the amount endorsed on the warrant, as h^J\ t, ^^r'f "^ "^"'^ ^' '""y ^ discharged, and the baihff shall forthwith give a receipt therefor. On receiving such amount or at request of the judgment creditor, in writing, the baihif shall discharge the defendant, and shall, within twenty- four hours after receiving such amount, pay over the same to the clerk of the court who issued the warrant. KEVISED KULES. AMENDMENTS AND C,JAN,.E OF PARTIES. 249- has been oo'.„e„oed tt^e llT 7, '' '\'^"^^^"> ^^^^^^^er it tiffs, the court or a judge if atil .""''' ^'"""^ "'' P''^'"" 'nenced, through a iLnaM. Tfj "' '' ''"^ ^'''' «« ««»"- ^or the detennlnatiorof t!f "T ' "'''' '''''' '' '^ — -y -der an, othe. p^r^^peTlTtrr 'r" '' "^ ''' ""^' as plaintiff or plaintiffs, upon such te •^"^•^^'^"'^^ ^'^ '^dded no person shall be added Tsub tu 7 " 'P' ?" ^■"^^' '"^ own consent. substituted as plaintiff without his 208. In case it is founH fj,„«^ primary debtor or garnishee hash " "''T P"''^' '^'^ defendant, -ons. and it is desired toaHd '"' '' ^"'^'^^ ^^^'' ^ -'"'- Judge may grant an order therefor'^ft' "'." "^'''" ^'«' ''^ parte, provided those persons wl o h k """"^ ««"""enced, ex have not been served ^th' "''"^^^^ '"""^^ P^''^'^^ •nade after service of s^ ' ITT' '' ^'^ '^^P"^'^^^- '^^ as defendants, priina y 7 1;;^ '" -f"^" other parties, granted upon notice to those 'II .^r^'^'''' '""'** ''"'^^ be ^ith the summons. ^ ''"'^ ^'^'^ ^^^« ^een already served - ^^rii" n:^ :r^rs::^:-^ ^^ ^"-^^ - ^« -^«- therefor; the amendment mavbe L "^ "^ '^'"^ ^"^ "^'^^^ the amendment to be made Z I "'"'' '""^'' ^'' ^ "^'""te of (C. J. R. 446.) ^' ™'^ ^^ ^"^^'•^d in the procedure book. thefhavTtrbrlTthir "^'^ ^^^-^-ts,a„d all of or defendants, .ho have It ber' " T"" '' ''^ '^^^"^-^ of either party, be struck out b 'T''' r^' '' *^« ^"«*-"o- terms as he shall think fit L^,:"^^^ ^' *^« J"^g«. «" -ch against the party served as' to set ofl T" Z''^!' ''^"^ ^'^^^^ -tters, as if all the defendants had^Ln ^td '" '''' "'''' 211. Any application to add nr .*■ i I lie judge at any time b I' 250 KEVI8ED HULKS. !M ; before trial, by motion or notice, or at the trial of the action in a summary manner. 212. In any case wherein it appears to the judge, that a party defendant has been improperly added, merely for the purpose of giving the court jurisdiction or colorable jurisdiction, over a cause of action, to the prejudice or inconvenience of another defendant or otherwise, the judge may, in his discretion, strike out the name of such party and disallow all costs that may have been incurred by making him a defendant, and allow him such costs us he has been put to by reason of having been made such defendant; and thereby leave the remaining parties to their rights, whatever they may be, as to jurisdiction or otherwise. 213. When a person, other thfl,n the defendant, appears at the hearing, and admits that he is the person whom the plaintiff intended to charge, his name r ay be substituted for that of the defendant, if the plaintiflF consents, and thereupon the cause shall proceed, as if such person had been originally named in the sum- mons; and, if necessary, the hearing may be adjourned, on such terms as the judge may think fit; and the costs of the person originally named as defendant shall he in the discretion of the judge. 214. Where a party sues or is sued in a representative character, but at the hearing it appears that he ought to have sued or been sued in his own right, the judge may, at the instance of either party, and on such terms as he shall think fit, amend the proceedings accordingly, and the case shall then pro- ceed in all respects as to .set-ofi', counterclaim and other matters, as if the proper description of the party had been given in the summons. 215. Where a party sues or is sued in his own right, but at the hearing it appears that he ought to have sued or been sued in a representative character, the judge may, at the instance of either party and on such terms as he shall think fit, amend the proceedings accordingly, and the case shall then proceed in all respects as to set-off", counterclaim and other matters, as if the proper description of the party had been given in the summons. HEVISED HIII,E.S. 251 _216. No action or matter shall be defeated by reason of the misjomder or nonjoinder of parties, and the judge n ay ' beto.e him. The judge n.ay, at any stage of the proceedings .^ther upon or without the application o{ either party Id tn such terms as may be just, o,-der that the names of an- part • ZZuf T.tT''^ - P'^^»^iff« or as defendin': P lintiffs rT f r '' T'"" "' "^^' ^''''^^ ^« ^'d^^-J' -he her plaintiffs or defendants who ought to have been joined or whose hrXtu:^^^^ '1 ^"''7 ""^^' '^^ — yin'order'tre: hm, effectually and completely to adjudicate upon and settle all the questions involved in the action or matter, 'no person .a nend of a defendant under any disability, without 1 is own consen nwnt.ngl.Peto. Every person whose name is so addeca d ndant shall, served with a copy of the order so adding i. ZnnolrT'' ''' •'^"^"•^' ^"^' ^^''y '''''' be deemed t^havj begun only on the service of such order. 217. Where it appears at a trial that a less number of nerso... ortedTerl ''^'''''t ''''' '' '^^ -^"^-^' ^^e name'of omitted person may, at the instance of either party be added In order of the judge, on such terms as he shall tWnk fit a^,d tt e upon the action shall proceed, in all respects as Tf th. persons had been originally made pa.t!es J^ld if U ^"^"' .sh.l, .tber at the trial or L some .C— ttZ^ ^^ ^sp::::r;^^i-:---t:^p^^ It appears after the amendn.ent lias been made ^ ' "' i: 252 KKVI8ED HUCE8. ■»: ■' s ~ 219. Where the name or deHcription of the deftMidant in the Huimiions is inHufficient or incorrect, it may be amended, at the instance of eitiier party, by order of the judge, on sucli terms as he shall think fit, and thereupon the action shall proceed, in all res|>ects, as if the name or de8cri])tion had been ((riginally such as it appears after the amendment has been made ; and if no objec- tion is taken to the name oi' description, the action may proceed, and in the judgment and all subseijuent proceedings founded thereon, the defendant may be named and described in the same manner. 220, In actions or matters by or against a husb-nd, if a wife or a husband be improperly joined or omitted, or if one of them be improperly substituted for the pther, the summons may at the trial be amended, at the instance of either party, by order of the judge, on such terms as he shall think fit, and thereupon the action shall proceed, in all respects, us if the proper person had been made a party to the action. 221. Where a defendant is added or substituted, except where a defendant is substituted under rule 213, an order .shall be drawn up, and together with a copy of the summons and par- ticulars of claim, and a notice, setting forth the day and place upon and at which he is to attend at the court, shall be served upon him, according to the practice in the case of service of ordinary summons. Where a Person Brought i\ does not Appear at the Trial. 222. If a person not originally a party to the action, who has been served with a copy of an order adding him as a party, does not appear at the trial, the judge may proceed with the trial, notwithstanding, and give such judgment or make such order as may be just against the person so served and not appearing, or may adjourn the trial, and give such directions and make such order as to costs as he shall think fit. 223. An action or matter shall not become abated by reason of the marriage, death or insolvency of any of the parties, if the I RKVISEfi Kl/LES. ^. not, there 8haII be no ,xUfJ I u "^ ''"''"" "^""-'''-''^ •"• party between th ^ ^^ ,^:^r ^'^ ''^ '^-^'' "^ -the,. .judgn,ent. I,ut jucl-Mne t n 1 ^^1 ^ f "" "T""^ "^ ^'^^^ '^•"' ^he C"AN,;e ok PauTIKH HEFOUE JcinOMENT. ^24t Where, hv ref .. ...encement of uu hTZ "[r"" '^^^"'•""S '^^^er the con.- 'wi^y action or mutter, there >ih„\] i.^ '":"'• »'^"""". ='»»»!=, .m„™,i.«,n :, 1 ;;'; , 'r ;,"■>: •■»'«»■ ratw,. „r title „f „„>. oUi„,itt. ,, """'"""■'"" "f tlio mtere»t, title ha» come ^ZZ^T: ' ""* '"'"'•^»'> »»'"" "■■ with hi, „„,„e „„d Xjii:*" "■''■'■"' "■ "- **. •truth „,■ the fact stated i„^:k':S: " °" "'"'''"" "' "'» -t.e. i„ i::jij^:^v^^2: unless uDon a rhiv ^^ i , "owce that, - .Jsiitu,:: trirx'-peir? j::--...ep..„ti„i.i::^;;„"t:iS Suns-riTUTioN of a Defendant. before judgment, the plai„; J „f t tCdTnt "^l" " '""'""' zzz:^ ri'Li:r' '"'~- "' --=" :: on 54 HiVI»l5/» HULKS. pr«t>*4iiMg rule, aixl a defiiiidftnt iimy Iw .substituted or mlded, hh thi |p» *ay iif, in uiann(>r Hinif'ir to tliut provulwl in wuch rule for tW «»l7Htitutu)ii or adJition of .i plaintiff. CuAiHi.jir. OP PaKTIES ok NeW Cai- JITY. 228. Where, by reason of any event occurring after the coni- niencernent of any action or matter, and causing a change or transniisHion of interest or liability, or by reason of anv person interested coniiiig into existence after the conni—ncenient of fhe action or matter, it becomes necessary or desirable that any person, not already a party, should be made a party, or that any person, already a j)arty, should be made a party in another capa- city, an order that the proceedings shall be carried on between tlie continuing pattii > and such new party may be obtained, before or at the trial, on application to the judge, upon an allega- tion of such change or transmission of interest or liability, or of ♦uch person interested having come into existence. Notice of Ordek TnunKFon. 227. An order obtained as in the last preceding rule mentioned shall, unless the judge shall otherwise direct, be served upon the continuing parties, or their solicitors, and also upon each such new party, unless the person making the application be himself the only new party, and the ordei- shall from the time of such service, subject neverthele.ss to the next two following rule.s, be binding on the persons .served therewith, and every person served therewith, who is not already a party to the action or matter shall be bount! to appear at the trial, and in the same manner as if he had been served with a sunmions. 228. Where any person, being under no dis.ibility, or under no disability other than coverture, or being under any disability other than coverture, but having a guardian ad litem in the action or matter, shall be served with such order as mentioned in Rule 226, .such p'-rson may, at or before the trial, apply to the judge to discharge > vary such order. 229. Where ai.y ,.. \)n. her -^^ under any disability other than coverture, and not In-; ; iiardian ad litem in the action or KKVISKf. iHLKM. 26A ""'•t.r, i, servHl with u„y ,.„J,... "- '■«"» thereafter -nLrXrr ""■"""■ ' ■' """«'"-:^ « I .™l«e„ue„t p,,,ee,„H„^, Z d ""l"'""""' "'« -"». "»,.' "tie mth the »,„e yea/nuLC ""'' "" "'"''"• "■» """■■'xi "ENEUAL RULES. 233, The court ha^j nr. ;. • i- . ■■<>'e uf hand, wheth IZ, "''w °''°'' '° '" " ""'■"" "1«'" " the co„«de,..ti„„, „. a„/;t „ «; r^," ""^ •"^'•'- P-»"». "ny gambling debt, „,. kr 1' . " ™"'"'''''-''«"" «< which, wa, '"""1 " in the Act .,.d in 11^11 I, M ^T '^''" •""" " """■ "I -O'y note,,, bill, „,• cxchlc , ^^ '""'' '" '""''■<'" P™-.',- ■"oney, d„, bill, lOvTatPT' "I"''"' "" P"^"""' "« hand of the debtor. ' " "'"'""'•' "' ;„- • exceeding ..|00, due t',, u,n fo .°™'in" T"' '" ""^ ■'""- ""' he were of full age. '^ ' '"" »"">« manner as if ^'':^^ f. i ' ' 256 KKVISEI) RULES. 235. Wliere a minor applies to enter a Huit for any cause of action oth^r than for wages, or is a claimant in an interpleader proceeding, he shall procure the attendance of a next friend at the office of the clerk, at the time of entering the same, who shall sign an undertaking (Form 194) to be responsible for costs; and the cause shall proceed in the name of the infant by such next friend, l)ut no ordor shall be necessary for the appointment of such next friend. If the plaintiff or claimant fail in, or with- draw, or discontinue his suit, and do not pay the amount of costs awarded against him, proceedings may be taken for the recovery of such amount from the next friend, as for the recovery of any judgment debt. Formal Oiuections. 236. N^o proceeding shall be defeated by any formal objec- tion. 237. Non compliance with any of these rules shall not render any proceeding in any action or matter void, unless the judge so directs, but such proceeding may be set aside, either wholly or in part as irregular, or amended, or otherwi.se dealt with in such manner and upon such terms as the court or judge thinks fit. 238. No application to .set aside process or proceedings for irregularity shall be allowed, unless made within a reasonable time, nor if the party applying has taken a fresh step, after knowledge of the irregularity. 239. The judge may at any time, and on such terms as to costs and otherwise as to him may seem just, amend any defect or error in any proceedings ; and all such amendments may be made as may be necessary for the advancement of justi<;e, determining the real question raised by or depending on the proceedings, and l)est calculated to secure the giving of judgment according to the very right and justice of the case. 240. All notices required by the.se rule.s, or by the practice of the court, shall be in manuscript or print, unle.ss expressly authorized by the court, or a judge, or by the.se rules to be given orally. KEVISKD HULKS. Pahtiks to Leavk Adohesh with c:lkhk. eountercla,™ „r other d "oe' / ^U «'^" '""?" '" ""*■ ^'ciche,. or that o, hi, soHcr;. ;:';'' .ri.'i'"' *t ''■" or agent, or the n»ili„„ thereof hv ,1,. 1 7. ' ?' »"l""'<"' be a sufficient service hu, .1 , '" "'"'' '"''''■'■^''' "'«'" off atrial or « 1^ dl '^ ""' '""^■' '" '''' ''"«™""". P"' that ther;i:;::ait;:rdr™'*'^' °" -'^ ^'"'•' -''« A.S TO UNAUTHomzKD Ko,,,,., ,,.o Ph„cmdwo». "indWto-'he'';:™':'^.'''"''':"'' *'™"'""'' -ha,, he i„ f„r„„ »pp..c„h,c and ::;".:rjj:,~''' ?r "'° """" -^ l-ailiff of a Division „„Z T """^ ''' ""^ ''=* '"■ appended to U e "nie, I^l "; '" '" 7°""""' """ '''" <"'"- "o fee shall be pa/a, ' T I e"l"""' °""'' '""" *"" '"' "'«' cases where no f^^i 1 ^T, "" ''"''''" "■'"•~'' ''"<> '" proceedings or dlln t, ?■ ""■'""'"'• ''»"''« *"" f™"- 'Le rnles. *"="">■="'» "»."« .» gu.des those appende,! U, these '" ''Tl,rfudt T" : """'^ "■'"""• ^""' "- W»™l of e judge, have been used previous to the framins untU the judge shall otherwise order. ™k no o^riiitTeatrt': ""'*" "*■ ""'"'^ - "y ""- up or served u„l s't uL ," '7 T''"^'"* "'»'' •"»''"■" 'eave shall be ndrjln S^^ u^ tl!'' ""'^ ' "" '-" Paymkxt i.vto Couht. "■■"^i, ^IXl'of'th'l""!; """•;" 'T*'""" ^^ "■« '^''^ P«eed for the ;! d er „ Z'LZT/r" 'f '"""*" '" "l-all 1» given within l}.^ 1 . ' """'' ■•"K'"«c''«<"i _^^= en wtthm three daj-s after he received notice of ,|,„ n- 258 REVISED RULES. m payment into court, but after the rising of the court at which the ■summons was returnable, the case shall be tried at the then next sittings of the court, and be put upon the list for that court in the regular order, but upon application to him at any time the judge may further postpone the trial. 245. When an action has been stayed, under the provisions of section 123 or of .section 126 of th, Act, the judge .shall have power, upon application made for that purpose by the plaintiff, explaining in a satisfactory manner his omission to signify his intention to proceed, and after hearing the parties, to remove such stay and to allow the action to proceed, upon such terms as he shall deem just. i 246. In an action of detinue the defendant may, with a tender of the subject of the action for the detention whereof the action IS brought, pay money into court as compensation for damages for the detention thereof, and for injury caused thereto, or either or both, with costs of the action. (a) Where the defendant is desirous of paying money into court, pursuant to this rule, the practice respecting the same shall, in all respects, be regulated by that under which a defendant may pay money into court in other actions, as provided by the Act and these rules. Suitors' Moneys: How Payable. 247. All moneys are payable to the parties at the office of the clerk, without the payment of any fee whatever. In case a party desires that the money shall be transmitted to him, he shall give to the clerk written directions as to the mode of transmission, and m the absence of such directions the clerk shall not in any case transmit moneys of suitors. Moneys transmitted according to such directions shall be at the risk of the party who gave them. All necessary expenses incurred in transmission of moneys shall be borne by the party to whom transmitted, and may be deducted by the clerk. KEVISED RULES. 259 money, may by ,m order ' 'f P!""'* f-- P'^^n entitled tosuci, court to pay over thefin "^ t'"' ~' *= '"'^* °' *" to^gn clerk or c'erk "f the hre t"'^ """"'''■ '" *" '™™"-ting - entitled n,„y de'fre aTd diet " '" ""^ "'''' ""^ *^ P^- 249. AH suiiiniary anDlienHV,! b f ■ i tl.«n applications for\ew tri ' L^.;it''H''' "''"""''"' ""'^" summons. ' *> "^^ '"^de on notice or by be do °e ^:7^ 'X'^' ^y ^he P-tice of the court to been done! the ■nal^tfn.- 7' """^ ''" ^^^""^'' ^^ -* he shall think lit ad oum 'the h '''' ''''' ^" ""^^ ^'^'^^ - ply with the practS """»" ^° "^^'^^ '''^ P^^^' to con. 251. All applications to the jud^e fo «of • j order, judgn>ent, proce.ss or proceed!' in "' ''"' '^"^^ a Division court, and all othT ? ^^^ ''""'' "'' '"'^"^•- '" which may be di posed of „ no "P^^"'^*^""'^' ^^^P^ in matters Judge, and'applica^^ns othi 'l " ",r'^ ^^P^^^'^*^^'^ ^^ ^^e rule, may be made Z:^^Z2^ 'T't^' ''' ^^ *h- parties be present, or upon .ffi/ ^. f"^' ^^ '^' '""'■*' ^^ both notice of such app idt on and f ".^ ' "^P"^^^ ^^^^^ ^--^^ order or decision oVtheiudL T""''^ *^^^^«^' -^ the a -ting of the cour^hl^.t e^trrrb^^ Tt' " "'^^^ ^^ cases of order made- if made nnT ^^ • ''^^'^ ^' '" «ther n^ailed to the clerk orlTvl^^tt: '''''''''' '' ''^' '^ Discontinuance of Action thereof in writing^ ^^^osHrih^^^^^^^ t" fT "^^'"^^ every party as to whom he so desh" tc d .• ^'^ ^^"'^ '" party receiving such notice may atr o tl Td '7' '"' ''^ against the plaintiff for fl.. n . • ''""^^^ ^^'^ ^n order •such notice. " '''"' "^''"''•'^d before the receipt of IHfeJ 260 REVISED UULES. (a) Where, in a contested case, the defendant or other party has prepared for trial, and, before the opening of the court, the plaintiff has withdrawn or discontinued the action, so short a time- before the sitting of the court that the defendant, or other party, cannot in the ordinary way be notified thereof, and without such notice the defendant bona fide and reasonably incurs expenses in procuring witnesses or in attend- ing court, or in a contested case where a counsel fee might be ordered to be taxed, if the case had proceeded to trial, and the defendant has employed counsel or a solicitor, who has attended the court to conduct the defence for him, the judge may, in his discretion, order the plaintiff to pay such costs, or such disburse- ments, or counsel fee, or such portion thereof as to him may seem just. Abatement. \r n 253. In case, owing to any cause, a sitting of the court is not held on the day appointed, and the court is not adjourned, then, unless the judge shall otherwise order, no matter or action which should have been tried or heard at such sitting, shall abate or be discontinued, but the same shall be considered to have been adjourned to the next sitting of the same court, and shall, at such sitting, be entered upon the judge's list of causes for trial. 254. Subject to rules of court, the judge of the County court, or any other judge acting for him, shall have power to sit and act at any time for the transaction of any part of the business of the Division court, or for the discharge of any duty which by any statute or otherwise was formerly re(juired to be discharged out of, or during the regular sitting of the court. 255. Where the plaintiff's claim, or defendant's counterclaim or set-off, consists of a promissory note, or other instrument, or is on a guarantee, it shall not be necessary to copy the instrument upon which the claim is founded, but it may be set forth in par- ticulars with reasonable certainty. REVISED RULES. 2GI Satisfaction of Judgment just, to make any order fnr tha A^t-,. *• ^ tion, surveying, or rnealuril cf « "' P'"^^^''^^*^-"' '"«?«- all or inv nf fK P ? ^ ''''*'^" ^'^ '"'^"er, and for experiment to be tried which mL hi ^' '"' r , P^""^^"*' oi^ the fairness of such samples or th^ a o„aoy of such plan „. ,„odel, and ,ach order may al~we 2 or«ther party to give the deposition ,„ taken in eTdelce upon any trial or proceeding. «viaence estahlf ■>. T^"!.^{ ''''^ ''"''^'' ^ r'"*"^ ^^«'« «a«e of liability is r iTevlf Vn ''"" '^ '"^"^^ '^'^ '"^"- «^ defence a ri.h to b relieved wholly or partially from such Habi),>,. ,u f -ake an order for the P^eivation ortnttt ^tl Ift TJ d-spule be brought mto court or otherwise secured. 262 HEVI8ED RULES. 260. So far as applicable these rules and the forms shall extend and apply to provisional counties, provisional judicial districts, territorial districts and temporary judicial districts. 261. Regular meetings of the board, when necessary, may be held upon the call of the chairman, or of any two meml^rs of the board, and at the city of Toronto. Affidavits and Oaths. u^uf J^^.^^,'^^^^^^^' a"d other proceeding of tl,e like nature, shall be divided into numbered paragraphs, and shall state con- cisely such matters and facts as may be necessary to truly inform the court. "^ 263. Every affidavit shall be drawn up in the first person, stating the name of the deponent at the commencement in full, and his description and true place of abode, and shall be signed by him, and in any proceeding in the court must be entitled in the court and cause (if a cause has been commenced) stating the names in full of the parties as in the summons. 264. In every affidavit, made by two or more deponents, the names of the several persons u.aking the affidavit shall be inserted in the jurat, except that if the affidavit of all the deponents be taken at one time by the same officer, it shall be •sufficient to state that it was sworn by both (or all) of the abo^ ramed deponents. ive- 265. All affidavits, other than those for which forms are given, shall state the deponent's sources of knowledge or what, facts or circumstances deposed to are within the deponent's own knowledge, and his means of knowledge, and what facts or circumstances deposed to are believed by him, by reason of infor- mation derived from other sources than his own knowledge, and what such sources are. 266. Where an affidavit is sworn by any person, who appear., to the officer taking the affidavit to be illiterate or blind, the officer shall certify in the jurat that the affidavit was read in his !a*~; JJEVISKO RULES. 263 presence to the deponent thnt fh^ i understand it, and^l^t Ve ;epte:trar^^"^^^^^^ ^^^^^"'^ ^« presence of the officer • no such aT, • , . '" "^"'^'"'•^ '» ^^^^ <"• read in the absence oh^?^''''' '^ "^^^ '" ^"^^^^^^^ -tisfied that the affidavit !vasea7!^T'""^ ^"^ j"^^« - perfectly understood by the deponent " " "^^""'''^ '" ^' where another form is provided. ' "'^'^' ^^^^P* juror, an/„ther/„" b 1 rr"""™ '«'°"« ">« 1"%=. a„Jt<> may be m the forms prescribed. (See For,,, 4 J.) MARiiiED Women. Perty Act (R. S. O., cap. u") "'"' ''°™'''» i""" 271 r contract l^Vt £":; ,: ■""*<> »»™". founded on a ■•n *e particularJof Cat °f J, T™f ' """■" »'"'" '"' '"»-'=d defendant A „ .° ,'"'"'»."'7* *" "■" «iffm following: "The »l.en she ;otrt; thHi* it:""'""' "'" """ -P"™"* P-P^t -«pect to such sepa, *e Xt4" """"°"' """ "''"'™°'*'' -"' -d^Te def l^tTrnl: :rut' ;rr "■'■ •■~^''' -^°-''. «on »ith respect to S TeparTe « t f 7'.*"^ ''" """«"■ HaSILt:Sr:,;:,:f- :-'-«„,,„, ,„ respect of "•«. sha„ he in the fo„o.i„g ^Cj^tZ'J::'^ 264 UKVISEI) KULES adjudged that the plaintiff (or defendant) do recover 8 and costs against the defendant (or plaintiff), such 8um and costs to be payable out of her separat. property, as hereinafter mentioned and not otherwise; and it is ordered that execution hereon be limited to the separate property of the defendant (or plaintiff) A. B., not subject to any restriction against anticipation, unless' by reason of The Married Women's Property Act, the propertv! filmll be liable to execution notwithstanding the restriction." 274. Where a judgment is recovered against a married vvoman in respect of a debt contracted bv her before marriage, the iudg- rnentmay be in the form following: "It is adjudged that the plaintiff do recover the sum of $ and costs against the defen- ant, A. B., such sum and costs to be payable out of her separate property, whether subject to any restriction against anticipation or not, and not otherwise." Trials and Hearings. 275. In cases where the hearing is by jury the judge has the same power to non-suit as in ordinary cases. 276. It is determined and ordered that the trial of a cause shall not be considered to have been concluded, in case the giving of judgment has been postponed by the judge to a subsequent day, until the delivery thereof in writing at the clerk's office upon the day and at the hour named therefor by the judge, or orally by the judge at some sitting of the court. Leave to Dispute Plaintiff's Claim. 277 The le.ve to dispute the claim of the plaintiff in any action, before judgment, under section 112 of the Act, may be obtained on the ex parte application of the defendant, or his solicitor, on sufficient grounds being shown by affidavit. Action Pending in Another Court for Same Cause. 278. Where at the trial, it shall appear that an action for the same cause, at the suit of the same plaintiff, is pending in any other court, the judge may order the trial to stand adjourned to nEVISEO HULKS. 265 Tnspkction of PRO..KRTV HY .Jud(;e. Adjournment of Suit. *^ • ' ^^^'ept by direction of the judge- Putting off Trial. toti,e judge .wiZ r°" "T '" "'" "PF"'"-'-> Part^ appiv -a.ed,,„ririLre r:;„:rrb':s°i "t^ '"""' '- and the jud-e in ..rnnf " """"'^^ ^'^ disclosed on affidavit, J""»«, in grantinjr or refusin™ +U-. i- . impose such terras as to thp n ! ?^ application, n,ay thinks fit. ' P'^'"'"' ^'^ ^"■'^*^'' ^"d otherwise as he ■ tiof 106 o^tTe Yet t'J '^^'^"'^ j""'^^^^ ^^ *^^ P---"« <>^ - the several person -oTntl' ^"'^' °"« ^ — ^ himself of any se off. r :••'' '''^"''^"^ ^"^^ -^^' --' he would beentit d if n .r ""' ''' °''"- ^^^-''^ ^ -hich dants. '' ^'^*'''^^'' '^ ^^" *h^ P-sons liable were made def. New Trial. ' but if made rt n bl Ir'*' '""' ^'^'" ''^ P'«"'^ ground,, if „„„«« of fi :;::';i;*'- ■' " ■""''■ "'"■°'" -affidavit. «4u>nng proof, shall be supported by 266 REVISED RULES. m t ;' (1 (a) A copy of the applicution and of every such allidavit . •shall ho served hy the party ,„aki„R the «aine on the ..ppoMite party, or his solicitor or agent, or left at hi» "sual place of business, if within the division • or if without the division, then with the clerk, who shall on receiving the fees and necessary postage, transmit the same forthwith to the opposite party. The application and affidavits (if any), toeether with an affidavit of the service thereof, on the clerk or the opposite party (as the case may be), shall be delivered to the clerk, within fourteen days after the day of trial, to be by him, on receiving the fees and neces- Hary postage, transmitted to the judge, with a copy of the original claim, and ..ther papers retpasite to the proper understanding of the case, in manner hereafter stated, which delivery to the clerk shall operate as a Htuy of proceedings until the judge's final decision on the application is communicated to the clerk, unless the judge shall otherwise order, (e) The clerk, after receiving such papers, shall delay for SIX days forwarding the same to the judge, to enable the opposite party to answer the same in writ-'n-- or by affidavit, if facts stated by the applicant in'his affidavit are disputed, at the end of which period the clerk shall transmit tlie whole of the papers to the judge fc . his consideration. If the application be refused, or ,f the party applying shall fail to comply with the terms imposed by the judge, the proceedings in the suit shall be continued, as if no such applica- tion had been made. The judge, before deciding the same, may hear the parties on the matter of such application at the next sitting of the court, or at such other time or place as he may appoint. The decision of the judge shall be delivered to the clerk, or trans- mitted to him by mail, and such clerk shall notify the parties thereof, by mail, or otherwise, and if a new trial be granted, the suit shall be tried at the next sitting of the court, unless the judge shall otherwise- order. ^ m m ■ RKVISEfJ IIVLEH. 267 ," '"' '" "•"'P'y »itl> the tern,, i,r,po,o,l bv tl,! .» .f n„ .uch application l,„d been ,„„d" ' (e) The judge .„.,,, ,„ h;, ji,„^,.^__ KmntinR „ new trial, that it shall take placTw re another jury, on depositing the necessary fees for un„K,„,ng such jury; and in such case,' he . rde for^ the ne. tr,„l .hall direct the sarnrnLning of,: ,(f) Where, under the 144th section of the Act, iudgn,ent in wnttng ,s delivered at the clerk',, otfic; apS „„ for a new t,-ial n,ay be n,ade within f, ur« Ldav" from the day „f delivering suci, judg,„e„t. ..pinion ought to hi r"""" "" J"""*"""' "M"'' '» W« »hall be notei in the 1 r Tr"""' "' "'« '■'•"'■ ""e f,.ct .hal, be trantu^d Trrrk!"*' """ ''^ "^"'^ ^^ ^"''«-- .lecis or *«::;';■:' ::" °"'°-i <"» '^-^ "= " ™«iotof HittingH, and the cam, c«,„es .|,.wn t„ trial wheth«. any actual content is ,„a.|,. at th« co«..t o. L ' l.an .^100, and a counsel or solicitor has l^^en retaTnod to make an application u„d.r soetion II I nd n order is made therein bv flu, i„ i " oW to enter «„„ i:;;!;';' '"''"" "'"""-"^ ""> t uu, «I00, „„u the defendant h^ retained « .„,li„it„r or counsel t„ defend the action for him in cour Id the pla,„t,ff doe, not appear in oo„rt ,o proTnt'e "^ «*on, or withdraw, or discontinue, hi, „X, Z -r:te:rc-;czr»'^"-'-'-' 290. A counsel fee may be ordered tn h« f.. i • cose, under section 208. "**''''' *^ ^« ^'«ed, m a contested (a) Where the plaintiff's claim exceeds .$100 ; (b) Or, in the case of interpleader, where the monev anned, or the value of the goods or chattels clwT or the proceeds thereof, exceed mO ■ (c) Or, where, in interpleader, the damages' claimed by or awarded to either party against L other par^ . agamst the bailift, exceed !j60. ^' SnJSWWtt8ft!%T--» 1,1 i .i'i 1'' II I ^^^ REVISED RULES. (d) In all other cases mentioned and referred to in sub-sec- tion (2) of section 148. (e) Where the defendant gives notice of set-oft or counter- claim and establishes the same to an amount exceeding .f 100, and judgment is given in his favor. Witness Fees. 291. The clerk shall determine (subject to appeal to the judge) what number of wit.iesses shall be allowed on taxation of costs, the allowance for whose attendance shall be accordin<' to the scale ; and before allowing disbursements to witnesses "the clerk shall be satisfied that the witnesses attended, and that the claim for fees is just, a.id he may, atid in case of dispute require the party whose bill of costs is ing taxed to furnish an aftidavit of disbursements. 292. In case of any process or paper received for service or execution from a "foreign court," the clerk so receiving the same and procuring the service or execution thereof shall, on returning the same, give a full and correct statement, in detail, of the items of all charges made for fees and disbursements in respect of such service or execution of process, and the clerk of the home court shall report to the judge of his own countj- any charge made by the clerk of tne "foreign court" in excess of the allowance for fees made by the tariff. Stavinc; Proceedings. 293. The judge may stay proceedings in a Division court in any case in which, if the action were in the High court, an order to stay might be made. 294. Proceedings may be stayed by order of the judge in an action until .security shall be given to the defendant foi- the costs of and incidental to his defence, in a case and under circumstances which would justify such an order being made in the High court RKVISEI) RULES. 271 Allowaxck of Costn ,n Ju„„,, 295^ Where the judge directs a fee to l.o . ^ successful party under section oak , ^''""''^ '" ^'"' costs to be taxe^, or certX L'cl " '^"^ "''^'- ^^^'^'^ -" ^'iowance of an, particula.-lft ^ ::;:^ r Z-^''"' ^'"' Act, or any ,.f the rules of court or ? '''^'""' "^ ^''^ P-vision, the application th^rf : o 'id L'"' f'^'' ''^''''''' • "'«" - heretofore receivablerrie';;:!:!;:,;:" "' '" °*'^ "-» -nf "aori^^ni.t^rot ;:e:ir,t.r^?"> --■<^"- <« P^vided by section M of the"!" '"■" """ P"'' '" '■ property of a' fudtent debtor !"" '"" """«' "«'""°' "- judgn,ent or execnt,°n,t TJm L.T:':,t' " "•" «'"■"■• thereof (if the money wo„ „ ,Ill .„r T' '" ""' P""""'" or execution), ind.t' „p " ,*"„;"""'" '°" "' '"" """'"«"" property, „he,.by mi,:; td': „ ^ ^ Z T""' "T" shall be necessary for a deros,> t.. i ^ " incurred, it -ount of bailik fees 'Cn'Tf "•''''''« ^^'^'•'^-^ the (although unsuccessful) has'bee'nCd'eK H T^"' ""^^'^"'"'• deposit of fees, to the;satisft:L::^\i: ^^ -'^'f '^^'^^^^^^ '^'" "ppeal to the judtr/er .Vaster and Servant Act (R. s other ActH. ^'leep. («. s. (J. cap. 214.) O., cap. i.ju). and I on Do and ^(-) Aga,„,t any order of d,„„i.a, ,™.„ ^e.-viee or e,„p,oy,„e„, ooipiaitriTettThett -fcr ^""r. -r-" "'^'^- ™» justice in all oases being laid by the servant. 306. The forms, Nas 247 ^r. ■>/^n ■ i ■ •'PPIW ia proceediigs 1 aLeah 1' ^I '«"' ■' ■"" "^ """ """ The Act Bespecting'MasLf.irServ,„tm sT """f """"■ amendment., thereto) bein. v . , ""' ^^- ^- O- ™P- 139, and particular case. '' * ""'"' "'""■" "-'°<'»'^ '" '"eet the varie°d'Jor'ttat;"p':: inr„;::;° "' ""=■ ""<' "PO'W. Wn« court, under " The T 'to InT '^-i: °" """'"^ '" ""> »'"«»" tion of Sheep." ""'" " ^"' °" I*"?' '"■• *« Protec -H, under Th^e L::^lZ'tZ::!']^: l;r ^'T" Acts amending the same. ' ^' °'' ""^^r I)iSa:d^;:;:^:r:r •: rf ^ ^-r^--^' -^-^^e -tbie, and the pracfcke I nnV '^ '' '^' '""^^ ''^'■^ -PP'^- -lidated Assessment Ic T , '"'"^'' ''' '^^ ^'^^ ^'^^ ^^^n- last mentioned Act '""" '^P^^^^' ""^^'^ ^^e sai^ D.C— 18 274 REVISED RULES. \f l< hi MASTER AND SERVANT. 310. The appellant shall, before or at the time of the filing of the appeal bond, file with the clerk the notice of appeal and an affidavit of .service thereof (R. S. O., cap. 139, sec. 16). 311. The clerk, shall, on the bond and the notice of appeal with an affidavit of service thereof being filed in his office, enter the cause in his procedure book. 312. The clerk may require from the sureties to the appeal bond an affidavit of justification showing their sufficiency as such sureties. 313. The clerk's approval of the bond and of the sufficiency of the sureties may be endorsed on such bond. 314. The appellant shall, at the time of the filing of the bond, furnish the clerk, in writing, with the post office address of the jistice or justices against whose decision the appeal is made. 315. The clerk shall give notice, by registered letter, to such ju:.tioe or justices of the filing and approval of the bond. 316. If the appellant requires the appeal to be tried with a jury, he shall, at the time of the filing of the bond, file a notice and deposit with the clerk, the proper and necessary fees. 317. If the respondent requires a jury, he shall, within four days after the service of the notice of appeal upon him, file witli the clerk a notice requiring a jury, and shall at the same time deposit the proper and necessary fees. 318. The clerk and bailiff, respectively, shall be entitled to receive for their services the like fees as in suits in the court, and the same and necessary disbursements shall be paid to the clerk before any proceeding is taken. 319. The clerk may issue, under the seal of the court, sub- pcimas to witnesses, and the bailiff may serve the same ; such subpu'nas shall be in the form, as nearly as may be, of those used in suits in the Division courts. jjix mri t na^Tim»a a » UEV[SED KULES. LtNE FENCES. 27» 320. The appellant shall deliver to the olert „t ,. r.- ■ • court a eopy „, the notiee of app„| 'L °!. ""=. »'"»'™ service thereof, „p„„ the fenceX"; "h t*"*"."' "' """ -; cop. Of the „„ra, eerti« ^^1^^::::;: appeal': "'" ** »'■"" '■"■■'««-'. "otity the .i„„e „f ,„„h pi.So,. "^hT'h^lroVtL^?"' rf ■• "^f"'"""'" " "- -' fe„ce.vie„er.a„d a^f ^ tL'inr : L ? th^ "^" ™'"^ '"^ ■n The Line Fecne, Ao't for thetervi^'irn^e:"""'^ '"''""" i.iS„ittt:,er,h'Jz:' tr*« '» ■" -''«n.«f ...- ofcau^e., for trial It ,„ , " ,tr "7 ""T °" '"= i'"'8e'« H-t u.lea., the j„dge shall „tl,e:XoSe: "" '°°' °' ">«""'■ 324. The clerk may issue, under the «,al „f ,.. p,™as to witnesses, and the bailiff „ ay Lr L h! °°"'''' ""''■ subp,enas shall be in the form .,. , *" "''»"'■ «"«l' m suits in the Divisio,! co™' ' "" "'"' ""• °' "'"^ "»" Jfvf fortrtttrea':^;* *°"' ^'*""™'>- "« ™«"=e clerk o( the „,„„i. --.uhthee.t,;-i::;::tLt-i:--. <-^eo>lVZ:'Z°lr°''''^' '•"'"'»''' "^ 'he appellant -.MihoMth-::;r,r;o\tx^^^^ 338. The forms Nos. 240 f<« -M-^ .v^i • , ,, applied i„ p„„eedto,. „„ appel\r rLl" VTh " p' ""'' mB3 I 1 Hf^^n H 3i w-Jsmmssi^:- ALTERATIONS AND AMENOilENTS OF REVISED RULES MADE BY THE ACT TO AMEND DIVISION COURTS (-'il Vic. Cap. J.J.J Itnh' 7:{. Under section ij of 57 Vic. cap. 23. amending If the debt is alleged or adjudged to be due bv an unearned person, having no family depending i, 'roVrret:; rr ^ '° "^^^ *" ^'»" ^^■ o-arnishp. '^ ,. ■''"""nons served on the such u„!; '1 '" "'^ ^''^--'^ of --h statement, such unmarned person may be presumed by the g^n.hee to have a family depending on him Z Rvle 84. In addition to the right of the primary creditor to have execution issued under this rule agaiis I section ,8 of the amending Act enacts as follows J recovered'' '" "''"'' J''^"^"' ^''^" ^ave been orT8,of,K^r" \«^""'^h^«- "nder section 184 exam Led' : ^"•;-'' g-"-hee shall be liable to be cammed as a judgment debtor under sections .35 to 248, inclusive, of the said Act. 282 A1,TKHATI()NH ANH AMK.\1)MK\ TS. JttUe 1H4. The sections of the Act relating to transcripts of Jiidgment to the County court, (sections 223, 224, 225 and 226), and under which this rule was partially framed, have been repealed by section 8 of the amending Act of '94. Where an execution against goods has been returned niiZ/a Iwmi. and the sum remaining unsatisfied on the judgment under which the execution issued amounts to $40, the party in whose favor the judgment had been entered may sue out an execution (see Schedule D to amending Act for form), against the lands of the party in default direct to the sheriff of any county in the province in which the lands are situate, and the sheriff shall act upon the same and make his return direct to the clerk of the court out of which the writ shall have been issued. Transcript to the County court has been done away with altogether. Says the clerk of every Division court shall have an office at such place, within the division for which he is clerk, as the judge shall direct. Under section 9 of the amending Act of '94 this power is taken away from the judges. The Lieu- tenant-Governor in Council now appoints the place where the clerk's office is to be situated. The following is the section : — Notwithstanding anything contained in the Act, or in any of the general rules or forms now in force, or that may at any time hereafter be in force in the ALTERATIO.VH ANO AMK.NDMr.NrH. 2S3. Oivision courts of thi.s province, the Lieutenant- Governor m Council may designate and appoint the P ace vv.thni any division where the office of the clerk of .such division shall be situated. Hule 147. The form of procedure book clir.^ceecl to be ke„t by this ru e and given in I.-„r„, No. 4, has been superseded by I.-„rn,, Schedule B, ,0 se-cion „, o the amend„,g Ac. of 94. The sub-rL.ies as to the mode of making entries in the former have, therefore ot course, no application. Rule 1.14 (rt). The form of foreign .summons book (No. 10) has also been superseded by Form Schedule C. to sec- book.'"' "'"'"■ ""' '""'''■"''' "^ '■"°'-'=''s" '■'•««<'"■■« The forms given in th, .edules to the amending are ti?e fT "', r° ""^ ''"'■"g" l^™'^^^'"^^ book drc tile authorized forms. liule ini. framed'" V'^°^ """ ^"'' ""'^" *'"'^'' '^'^ ™l" ^^ tramed, has !>een amended by section 4 of the amendmg Act of '94, as follows :— By striking out al! the words after the word judgment ,„ the fourth line, and inserting in lieu thereof the words-'-until it is convenient for l,im to give the same, when he shall forthwith send the same to the clerk of the court, who shall, upon the m !3I: i '^ H 'in i 284 ALTERATIONS AND AMENDMENTS. receipt thereof by him, forthwith enter the judgment and notify the parties to the suit of the same ; and such judgment shall be as effectual as if rendered in court at the trial." This saves the costs of giving notice of a fixed day for delivering the judgment and of attendance of the parties or their solicitors. Bute 2fil Relates to the call, and holding of meetings by the Board of County Judges, under section 298 of the Act. » This section is amended by the addition of sub- section 5, which enacts that the inspector of Division courts for the tmie being shall be a member of said board. Under this amendment, the inspector would, of course, have to be notified of the meetings. ■Abscondhiff Dehtora. The proceeding under the section of the Act {249), respecting Absconding Debtors, is of rather a summary character. By sec. 70, sub-section 2, the increased jurisdiction conferred by paragraph (c) of that section is extend- ed to proceedings against absconding debtors. The section originally read : — In case a person being indebted in a sum not exceeding $100. nor less than $4, for any debt or damages arising upon a contract, expressed or implied, or uj.)on a judgment. Aimcoymmi debtoks. <,4>- By sec 70 (,) the jurisdiction is increased to $^00 evcled t'ht ' °'. ''^'""^'^ °f "''-'^ does nol the sir '°r "u '"^ *'''^" " ''^ ascertained by he signature of the defendant, or of the person whom, as executor or administrator, the defend .n represents. "eienaant By sub-section 2-in the class of cases provided for by paragraph fc). the increased jurisdiction there by conferred shall apply to ciain.s and proc edin« agamst absconding debtors, and in such cases the attachment may issue, and proceedings may be hid on a datm of not less than $4, or mofe than's'oo ' If the debtor absconds from the province, leavin,. forlu r'""' ''''''■ " --- -nder exec:! f (or debt, m any county m Ontario ; if he attempts to TrTr Te ''"""^' P™*^^"^' '''''" -• °f 0"«ri crel to of h""'" f P™-— d in case any creditor of such person, his servant or agent makes and produces an affidavit or affirmation°to he pur port or form prescribed by the General Rules a"d the same be filed with the cierk of any Qvis on court, then the clerk, upon the application of h^ P rty fihng san,e, shall issue a warrant under hi ba ,ff of th' ■ '" *^>:^-"''^'^ fo™. directed to the su d or to '°"" "' u'" ""^"'^ '''''"'°" "■« ^'"'^ - he n , '°"''''''' "^ "'" ^°"'«y. to sei.e all he personal estate and effects of the absconding removmg or ooncealed person within the coun y' liable to seizure under execution for debt, or a suffi cent portion thereof to secure the sum n^ntioned in 286 MISCELLANEOUS NOTES. mk the warrant, with the costs, and return the warrant forthwith to the court out of which the same issued. To abscond is to depart to defraud creditors, or to avoid service of process. Proceedings cannot be taken until after the maturity of the debt. Leaving a place, requesting that false information of the person's movements be given, is held to be concealment. A warrant of attachment may be issued by a justice of the peace, and when this is the case, it should be returned to the clerk of the court within whose division the affidavit was made. MisceUuneouH Notes. Giving Credit for Fees.—U a clerk gives credit for fees, he trusts to the promise of the party, and waives the benefit of sec. 54, which requires payment in advance. Where a clerk has a current account wiih a suitor, or where the same person has several cases in court', and gets credit for fees, the clerk would be entitled' out of moneys coming into his hands, belonging to such suitor, to deduct fees due him in other causes. Revision of Taxaiion.~-Th& proper practice is for the party dissatisfied to give notice to the opposite party, and to the clerk of the court, of his intention to have the judge revise the taxation on a certain day and hour. Of course the judge could revise on summons or appointment made by him. MISCELLANEOUS NOTES. ' oo^ Settlement Before Sei-vir^ w r. c liable through bankers^faiiht '"' ' ■"°"'>=*' '^ court room anri ...^ i ^^' ^^"*»ishes a any other municiDiJitv ,vN iV ''''^"'^ ^''«'" division, a. aso:;':fe::^1^>\-i-'^:;:''hi„,^ ■2 oHeranH apportion .he a„o:,r.SeIt!^r o * Collectit^ ■ '.'tetvc/ n^^i i up and a<[. ..Ist T , "''' '"^"''"">' ">--'l<« date of payment of del t!f' T '° ''^ ^"'•'^S^'' "1^ '" the bailiff' TTe,k! sho n '""'^ '"' '^°"'=*d l^>' of .heir baili^'t;,t:fp'ecr "^""'"^ ^">' "^^'^ "O'iceof the intentiol, to ::;^r o ^escir:: T' requ,s,tes of the action of the Coun y Bo td Th'" notice should be nnH^ u. . i i- '""'y^ard. The give all parti ^^ec'.^ 'TlT '"""''■ ^° ^'^ '" l-esent. A notice tth; "''''"""""^ "f being i'selffor this ,h noJ A '>«*^Papers commends inis purpose, and may be ordereW >,,. .u tH?' '"'° »"" powers. He has all the '"''""°' ''^" ^•^''-'"d^l -a.se.s to enforce the IttenT"""-' °^ ^ ™"" '" -'vil «""l>el the procu ,on of d '' °' ^"■"^■^^-' -'^ officer charged deZ "hnt '^"'"""'"''^ Should the for that piirpo.se. *' """ subpcenas .granted are-a. ns „ '"J""ctlo„s may be b-ach of com fc dX' '•"'""■ ""'''"^^- «-' clubs and .societies wh '"'" '«"''"^' ^•''<-''="'ors b-n, or is abo toTe !" '°"" 7™"="^"' -^ has -uld P-Judiciall/aff ct sirtht'-'^^™' ^"'■^^ wli.ch suit has been brono-',, T '"'='1'*=" ot Where there is a L , ?. '" ""■'■^'°" <^°""- --o-d, the court „', ^^^1 te T"": °' "^'"^ -- nght. The remedy for breach of*^''"'"" "' "^■" ^»ach,nent for c„„te,not Th '"J"""'°n is by "Pon .his n„porta„t brinch of ;:o"c::d ^J "^ ^"^"' Judir:;:;:;-:^;;^- of the Supreme C^^ sion courts. ' Formerll th"e '"'"""-^ ""' "' "'^ Divi- 'o the clerk o, t^e tott?""'""" "'' ^"-"«' '»«d on the County CO t'scl"' ""' ™^'^ *^^^ '»ade direct to the clerk of th n' "°"' "''""''' "'"'^ ''--a--n.hedier:f:^:';:°;--..a 290 MISCELLANEOUS NOTES, Sr' Clerks andBai/iffs—WGre appointed by the judges up to March, 1880. They had also express power of removal. Now a judge may remove only a clerk or bailiff within his own county who was originally appointed by a judge, and cannot do more than suspend an officer appointed by the government. Clerks cannot practice as barristers or solicitors ;. nor can the deputies appointed by them be such. When applying for leave of absence, and giving name of deputy, this should be remembered. Leave of Absence.— \x\ case of illness or unavoid- able accident, the clerk may, with the approval of the judge, appoint a deputy to act for him. The inspector may grant leav:: of absence for whatever cause he may see fit, and may approve or disapprove, at pleasure, of any person that the clerk appoints. The appointment can only be made by a bailiff where he is temporarily unable to perform the duties from illness, leave of absence, or temporary dis- ability, with the approval of the inspector. Clerks and bailiffs and their sureties are liable for the acts of deputies. A clerk and his sureties are bound for the lawful fees of a bailiff. The statement of account between the plaintiff and the officer is binding on the sureties. Where an action is brought for damages against an officer of the court, damage must be proved, as a general rule, and is the essence of the action. But for non-performance of some duties, nominal dam- ages may be given. By the express terms of the wmmmmmm MISCBLLANKOUS VoTKS. covenant, damage is of the essence of ■ „ • 7 misconduct. c:,,senct ot an action for The misconduct must be in ,1, ''"ties of his office tL """""'^^ "^ '''^ ^«=!ling a debtor^lnd "'"" "' ''"«=§''' ""^^es ; creditor; lum i tf T'""'^ '" "'^ "^-^^^ "'' « justified as brbTakin" ot "\T j'"" '^^ P™-- -aking faise'return "of l^o^''. ""^ "^ ^' "-'""^ ■ general head of misconduct ' """'^ ""''"'' ""^ Wherever by the Art nr v t ", "Pon a clerk or baihff and h " ", ' " '"'P°^^<' P-son to whom heowes the"? '"' "■ '"' ''"'^ witl,out any want of care!,. "'"''"'>' '^ damaged, «ill be liable. P"" *"' P"'' '^e sureties Process AIusl A'ol he n,.l„.. .j ^ proce,ss of the courV '^"^-^"^;-0"<^e acted upon, paid. "' '-"""°' '^'^ ''•clayed until fees are Protection 0/ Officers A 1 1 • . under the seal of^he c7utt . "'l!'"^ ^ "^^^^"' assistant acting th"reu„Ir " '''"'■'' *"^ ^is assuming that the judge has no ' .^^'^"^''-^ven 'heorder„nwhich\hfw::L"t7srutr""^^'= division, he should no f^^^ Zrf '.""' "' '''^ refuse to receive the wril I ft '"""^^^ely. and intention of acting he is resnnn hr?'"-'"' " ""'"^ "'« He has no right in alT '"'''' '""'"''■°"- ease falls within sec 8, ^ \°™'^' ^^^"^P' 'he brought in co:rt , eare; to ; T''f "''■™ '"''y ^<= nearest to defendants residence. fi, :. j i; jl , ' i^ :§i '' i \mh 292 MISCELLANEOUS NOTES. He may, however, effect service in another county, but ciinnot charge mileage for any distance travelled beyond his own county. A't'/urn Within Six /%.s-.— When a bailiff forfeits his fees, if return not made within six days after service, the day of service is not to be included. Jiidji?ncni.—-T\\G decision of the judge, if not pro- nounced m court, only becomes a judgment when duly entered in the procedure book by the clerk. When receiving a postponed judgn ent. under sec. 144 (as amended), clerks should bear this in mind, and forthwith make the necessary entry. Deputy Judge. ~~h deputy judge cannot give judg- ment after the expiration of the period for which he was appointed. Neither is he a justice of the peace, .IS the senior and junior judges are, for every county and part of a county. The death of the judge ends the authority of the deputy. Solicitors Lien. — A set-off will not be allowed to the prejudice of a solicitor's lien for costs. A solicitor, by whose efforts judgment has been recovered, has a lien thereon for the costs of the action in which it was recovered. Such lien will take priority over a ga nishee summons issued at the instance of a creditor of the client Judgment Over Jwenty Years Old.— An action is not maintainable upon a judgment over twenty years old, without a payment or acknowledgment in the nieamiino. If execiuion has issued on , ■ i within si. years, chere is „o necessLfo ''''"•''■''; within twenty years. '"=<^*=ss,t) for a revival ^-^CM or /iai/iff.-^A newlv appointed cierl- or ba,hff must be particular to do no official .a tn the covenant of himself and sureties is •„ V filed. . sureties is approved and 7-n,«,n>/.-Prior ,„ the change in the law "f '"? 'h- "-""script a judgnK-nt of the court 7 wh.ch ,t ,3 . „„ ,„,^.,„^ S„ f,„her proc3 ' m the court of rssuc -notice of return was neces rt beTha' i:: r Tf^" ""''\ '^ '- ^'-". - - It- e Charged for. If u,oney be paid, the notice sent to the party entuled to receive it suffices. In ^ to the clerk who issued transcriin, as the c-,s,. «1, and the certificate of registration filed. The entries of proceedings on a transcript mav be been sent, ,n the lorn, of-an ordinary suit The l-ocedure book shall for tha, purpose le he tr script of judgn,ent book required by the Act J^t^''"" ™'"^. °' P^°P««>' —able in rq.lev,n has been extended to Mo-formerlv I't w^s ™':itt '? *r. ^^''r™" '-^ no jurisdic. o ^C the title to lands ,s brought in question. or '^ha.Tr"'"" ' "^ "^^ '^^1'''="" Act. where goods or chattels are wrongfully taken, the owner n°w bnng an action of replevin for recoverv of the , "J «-"IP«l 294 MISCKLLANEOUS N0TK8. MHCKLI.ANKOU8 .\(»TK8. The arbitrator n,ay retain the award u.uil l,is fees- are paid. Coun/yJ„^f,:-..\ county judRe is not answerable .n an action of trespass for an erroneous j„dKn,ent or for the wrongful act nf his officers ; but h,- i^ res|x,ns,b'.. for an act done l,j- his comman.l when ne nas no jurisdiction. As regvtrds judges and judicial officers, the .reneral rule ,s. that .t they do an act beyond the Lit of the.r authority, causing 'injury to another, they are I'^^'^I' for ,t. Hut. if done within that limit, through an erroneous or mistaken judgment, they are not Residcucc o; /nd^r.--.A judge or junior judge must reside in the county in which he is such. /W..^>.._Stamps for return postage must now be enclosed by part.es asking information from officers of the court. Heretofore clerks were compelled to answer by postal card, where no stamps had been received Now they are not obliged to answer unless they get stamps fo. return postage. arly heed the warnmg. that the office becomes forfeited, where they fail to renew covenant, within a month after notification. When that occurs, a new appomtment has to be made. Mode of Makutg a 7. v.^.;, -Strictly speaking, a tender to be legal should be made in legal coin. Up to $io. it may be made in silver, and to 2-^ cents, m coppers. ^ Hank not,.., are a g„,„l „.„der. if not „l,ject«l to' >><> IS a t8n'""'' "'^'^"^ A plaintiff „,ay b, „o„.s,it„l after ,,!,.. of tender ,h ,"'''' "' "'"^^ commtniicaiecl by the clerk- t<> the phii ntiff. -^ cierk i;-- •'-ern,i„ed,nnles_s the ind,., ,„„,,.";: Jl:;.'"'"'"^ lo r,n, when the ri^ht to bri.,o „ ' ."'\'=°"""^'"«s and stops on the ,^st e o t? '" ^''^ ^'^""^''' its curr'-ncy. ^ '*"-■ "'"""""»• -^' ''"n-ng ^n all ordinary cases of nrro..M^ -' '--' - -- two years. ^ ^'">^ '^^^"^^' ^'^h'" ■I '298 MlSrELLANEOUS NOTEH. ' Iti- 11'- upon or payable out of land, and actions for the recovery of land or rent, within ten years. Returns. ~Ru\ii 1 76 is a repetition of Rule 147 (/), as to returns of fees to inspector. Entering Judgment. ~^\,^rt, there is no defence, the clerk, after receiving return of special summons, may enter judgment on the tivelfth dav after the da> of service, where the return day is the eleventh, and on the seventeenth day, where the sixteenth day after the day of service is the return day. This is according to Rule 117. ^ Part of C/t/Zw.— Judgment for part of claim, not disputed, will not be a bar for recoverv of the remainder. Smts hy Mmors.-~\\\ suing for anything but wages, a minor must procure the attendance of a next friend at the office of the clerk of the court, at the time of entering the suit, who must undertake to be respon- sible for costs. A minor has six years to bring an action after attaining his majority. Splitting Causes oj .-^r//^;;/.— Prohibition will be granted when a party splits the cause of action, to brings it witiiin the jurisdiction. Executing Writ.- If an execution is to be execut- ed by any other person than the bailiff of the division out of which it issues, the safer practice would be to have tiie judge's or L;erk's order endorsed on the MISCKLLANEOUS NOTKS. writ. Th issues the 299 ;;"'"•" "'"■« ''^ '""<)« to the clerk who Married woC t «? -«-"' --te. C/aim Less than $fc: — ShnnlrJ -, ,.,/.„„.■• ,.,„, .. „,,,,„^ 'Zs. '" "'^- '""^''°" "'"«■ ■•- -avertible ■i I :| 300 ^IISCKLI,ANEOOS N0TK8. "I /'oun^aj,rc,--n,,-m'^ fees, when goods in his pos- session are taken by sheriff, will not include poundage. Pozi'crs (/.A^/f^-.— Extensive discretionary pow- ers are given the judges under the Act, and are verv much enlarged upon in the new rules. " Unless the judge otherwise orders," is a proviso contained in most of them. To the credit of the Bench it must be said that these powers are. in the main exercised judiciously. Comm/sswn to F.xaminc.~^o form is given in the authorized forms published with the general rules 1 he provisions of the general rules of the Supreme Court of Judicature, as far ds the same are applicable ■s^iali apply to every commission issued under the Act A form of Commission is supplied in the forms of the general rules of practice of the S. C. 1 No 1 18, p. 225. J ' . r\)rmerly the commission was returned to the County court, and the costs were taxed on the County court scale. Now the commission, with the evidence taken thereunder, and the papers are to be returned to the clerk of the Division court in which the action is pending, and the costs are in the discretion of the judge, who may allow a gross sum therefor. DIVISION COURTS UKPARTMENT I he department for the inspection of Division -urts ,s located at Toronto, in 'the east wing <^ he ' ari.an,ent buildings, and is a branch of the depart Joseph D,ckey. the inspector, has acceptab y fill' , W. H H,gg„,s are the clerks. As will be see ber ef, ,, r""!, ""''"^ "''^ department num- oer 67 , 32 , clerks and 350 bailiffs. l-Vom each of these, per,odical returns are retp.ired, fron,"; ch he figures g,v,ng the tnass of information contai ed i! the annual reports are tabulated and compiler So' " >dea of the other duties and requirements of HI courMnspection, besides th^:" p~i:: ' rTi's' annual report, and fijino- awav retumc i -•Hved at from the follow^ng^L .Itd'figur:"^' '^ cou'l':; tf "^•'^ "•' """"'• ^'^'"^-^' °^- ""• ha to be *L7Tr "'V" "'™" '''"'"- ue X isited. All complaints against officers have to be enquired into : and they .rumbered year 237 complanus against clerks and -6, com I''a.nts aga,nst bailiffs. The principal c^Le^ l;," it., W2 DIVISION COUHTS IJEPAKTMKNT. complamt appear to be neglect of duty, misconduct, w.thh„ld,ng ,su„or. money, making charges outside character ' """"^ '>^-g"larities of a minor The changes that are daily taking place, through deaths removals, resignations of officers and their .suret.es ; the filling up of vacancies and new appoint- ments ; lookmg after the covenants in each case ■ co„s,der„,g constant applications for leave of absence' and appomtments of suitable deputies, and the makmg out, dispatching and receiving of the neces sary papers, and the keeping an exact record in each and all of these matters ^nust involve an immense amount of clencal work that requires intelligent ram.ng m ,ts performance. The daily corre.spon- c^nce ,s a heavy budget. The three thou and letters, or thereabouts, that have to be written in the course of a year, in reply ,o those received fron, clerks and ba.ldfs asking for information and direc- tion m all sorts of puEzling circumstances, and in answer to su.tors and their attorneys, require more han ordmary ndustry and intelligence, for of course the wmer must be "posted" on every subject, and ITruCt'" ■■*'■ '° "'^ -"ion of the Ac; and the rule beanng upon each particular case. But it is the following information that will be a surprKse to most people, and from which one will be ' better able to appreciate the growing importance of the Division courts of the province. In a given year there were reported entered in the ■Supenor courts of Ontario, 7,04, cases. The *;-»<<»■«»»«« DIVISION COURTS DEPARTMENT. ' -jq^ number of judgments obtained was 2 .2^ f of $2,500,000. '4^<5- '*"" '^ ^ou^ 4oniT.si7Lrr ^" "^^^ ^••^°° -'-- and af.,. tnX ll'^.V^r" "^'^ ""'''"''■ "«f°- transcrint. of • .'"''^ ^3.0:,4 suits exclusive of courts and the other courts of the'ro^c: °" insfe:d :Tei:j".,f° ^^^rP-^" - '«-. 'hat Here are the official figures :— ^^84 )iji4,3j<2 23 ^^^^ 6,484 19 ^^^^ 6,25.3 30 ^^^"^ 7,465 14 JS88 9^392 14 ^SS9 .'18,628 21 ^^90 9^097 88 1^91 7,571 .39 ^^92 6,865 06 1893 6,450 57 Total, $72,589.11, or aa a\'erage of over .f7,200 a year. n iiffii' flip: ^"^ DIVISION COURTS DKPAMMKNT. The salaries nrr. : Mr. Dickey, \u,pector ^i^^oo 00 Mr. Maodoiiald, clerk 1 000 00 Mr. Higgins, clerk.... ' jIooo 00 #;},8oo 00 Contrasted with the salaries and fees paid at Osgoode Hall, or to officers of County courts for we will not say less intelligent work, the balance i.s as much m favor of the Division Courts Departr.en; in this resDect, as it is in a c.mparison of the fees allowed to he charged at :or, i is mt: PART II INDEX TO RULES. ii INDEX TO RULES. A»»»Do»Mi!»T 01. Excm, Mllit be clonn ,„ «1T- ""■ *•»■>« r«. .*,::'. '"'■'""'"'"»'"'<•- «, PWtob,,UMi„.|.™.. Co.diti„„ „, g„„,i„g — • ^ Commencement of ^ « i^ave to brintr under sq,i ' Where defts. have sLa,!/^'''-, ^ Leave to be grant:d I^T'^^*!- '1^ * JO'nt interests: i ! ! " J f-OR^FjooDiNo lands. ^ '' ''^°'° *"«<» •••..: 22 /'^"Soodsrepleviable \ f Compens^L'n ra i" rft '' ^*^>^ ^^^-ed.- : 198 Discontinuance of '^^''""« 2*5 i'ending in another courVf^V '• "• ^^^ ^BscoNnz^^ Dbbxokb ""'^*'«'-«'^'^««-"Be :;;;;•• 252 H„_ . ■ ■ ■ * *'o fiaring or trial— -8ses-&2^«, --^y ^^^''d action-Xnd- ;ail wi.! '« 308 INDEX TO RULK8. 1 1688 properly Ri 1.1 29 30 Abscondino DzhToBH— {Continued). Duty of clerk before iaauiiig writ To see that amount and oa-i" set forth. Where several judgmeiite But one execution to isB i Seizure and sale- -If j,r. •/„ usly sold aa periMhiible, ProceedBto bcdistribuu.. tteably ' "«"ie Surplus, if any. Costa of execution List to 1k> i)repared by ckrk! '.'.'. C?-/ l\ Parties dissatisHed nmy apply to judce ^ '^ o, Notice to each creditor re<|uired . / i oi !•«' may 'je examined at derk's office. (^J dl Shall be binding after ten days. Absent Paktiks 31 .(aj 31 ACT- May l)e adde .i hearing. -Meaning of the >■ urd .(1) Admissiox by deft, of poi tion of claim Proceeding. , thereafter . Deft or pit, ,tt liberty to give notice of a^lmission: '"' jn^ ^nc'urrlr^ ;."'. "''* ''"owed expense 8„l,.equentiy AccouNT-to be served with sumuxons and particulars. . AMKNDMK.xTS-Of claim as to name and description Of statement of particulars In case of special anil ordinary iinimons . .' o« Where action commenoo.l in name of wrong' person m Wit 207 Where a v -ong party as Jt. primary debtor, or «arnUhes Cond^in'n" /' '' '^f'''^ \'' ''^'^■' P^-^y under Sec^y " condition of granting order — If made at trial Where defts. not served, struck out.' „,« Application to be made to judg. before, or 'at tnld ".[ on Where deft, improperly added to give juriodicti. n ' V\ hen a person other than the deft. H)pears at the and admits Where a party sues or' is "sue'i ' his V ■■'eseiitat, acter, and ought to have been d in his own right Where a party is sued in his own right instead of his r'epre sentative character . _ ^ Proceedings on misjoinder .r non-jr ir.d , willl T""' °!.«™'"«d IX , ,son ougiit to be added ! ! .' . " ' 217 Where description of plttf. is insufficient. . ' ill Where n fisn.ru if! nn nt A^ti- ;„ : a^ • . »o 219- 320 221 222- 224 aring char- iot (a) 101 103 17 3 208 209 110 III •'12 211 214 ^15 216 Where description of Jeft. is insufficient or incorrect.' WW l?f'f '.?.? T^^ i'nproperly joined or omitted. . VVhtll a '" ^i^^^ "J" «u^«^'tuted (except undrr R. 213 Where a pereon brought in does not appear at ' rJ Where change of interest before judgment Party to whom interest shall hav > come to'd Clerk shaJ i give a tice. Substitution of left Chanf . r parties or new .)ti 225^ capacity 226- » « 30 31 309 'NDEX TO RULE8. Notice of order therefor Hi-li. ^r;S!j"''^^-^i'-'"«a«uard.an,„ayapp,y^ ^^ to «f.pe«r J trial '. ^'''^ P"""" «"*'"«'l to proceed fails r>- 1 "f-|'»'<»i »i/ inai . "" i"uuoeu Judu«r''T'**°«''«^ 'Changes 230 Juu== xt x- 329 fieu copy of awlnirbe ^ vrn'ltk "' *'^P"'^ "'"^ ^^••*'- Notice to judge «n cierK ^^^ Notice to engineer niul parties '.'.'. .,„, a;:Ln^^^"'^^^''°''Waiiat. ••:::;;::.,:::•:;; g| Forms to be used ... 337 ciistnoution . i'or new trial 140 Under section 19.5 .. .' 172" For judgment summons! 81 Summary may be made onno-tice'orbysumn,ons;.-; :;::::; 2^ INDBT TO HVLSa. AppLicATioif«_,««/;. M»v hn, made ,„>« , „,./bv deft fTi^' '"r\: 251 To U entere,! by clerk ' ''"'''* *« ^'''P"** 251 , cC rCr'^fHo ^ ^^-^ ^- '--• to di-put;' ,.uff '« *«• in garnisheo proceedingg ' 277 When ,na.le /or order tn repiovin 68 A.s««s«M.NT Act-Appeal« thereun.Ier ^^ ADDHKS8,.f parties ^108 To be left with (d'erk Adjacent divimon. Leave to sue in ' " ' -"*' AiMoiMNo division 22 AWAUD- Jud^„,ent to be entered on forthwith ^ Affidavit of execution ..f . . "'"'•*•*'' ,20 Administrators— (^ee t»-oef^,n„r.. '"■ '^ A8.SET8 in future-Party entitled to execution '. ' \ ^^ AD.,ouR.„K.sr-(^.. /'o.,.p.„.,,,,, ; "*"" "' ^"•'«'"«"* (0 140 wfeSlJ-ttrBS'^'*-"-" appear .30 ^-a..n at suit of «a.e pU^ is" ^.Uu, in' another ^^" Parties to be notified ^f'" ^^^'^' "' *"«^ :.:::; o^ BAILIFF Service of «„„.,,.,„ by "'«« When summons should be served 1» Shall take bond— '^ 47 'fi^^^Ka^.^™^ " How ,t may be served- * 65 C-Py shall not be served until baUiff haa replevied ^ r| ll 1 512 INDKX TO nULES. H .(ill .n«ko y,„v.ly ,,-tuin t,. iiispootor ''j '•*' A II. I iimki> it-tuni of «„rviiH)' " '83 uotiini til Im matin. I.)iitk.n,lovoiymttii:g«of (\mvt V' «..., that Muital.l,, iu.o.„u.n(Hlnti,iii hro'vkloil "** I" ...Hk.. tlu; n.>..o«Hary proolainationi !'"'*" l';kt,c.pl.mIiH-H,mK..mHlM,ok "'"'' "^"■ An.i'wu;'ir'''V' f, ^^'"•'•?"t" ^'"' "xooutio,;;:: '»« MuH V u . V f '"'vo 'l,„u. tl.oroun.lor. "iiim loiurii ox.inution w 1 1 n ;{(> ,l,iv« .'l...rt to okrk if unahlo to «c 1- <") '«'' f »!xoouti..ii not rt>iu)wocl— All incnoy to ,„ pH„l ovor to ..l,„k ^ ;pE3HiH-'- ;: lo oiKlnm, oxuot ti.no wl.on locoivoa-l '"^ „, -^?-^'Ht 1 .li^hn^i^ritr""-""*" «'- •-'-"- of '!■:: 'f j; tl: ;i:^,s :t:5:'^irr^urTM'^ •'"-■ ■ • •«" rtu.l oxocutioMH ,„ hi« han.r ' '^ "" "''"'••"'*« Whero auninionH not aorvo.l in'fii.;-; * ■ : '"•'< „ tin«H of ('„„,t avHilablo *""" *" ""*''" ""»'"" «^ «*" VVlion HuimnonH m.nt to a foroi«n ( 'ouVt '"^ If ..roa.,o.hngH hin.loro.l or .lolayo J Zuim !'" Not ..... „„,agod «« agoniby hinlaelf or partner in'oonduct '"" *:t^s"^i?i.^::*;,•»"«^'•«■'-•"w't'•oierkof•c^^^ '»^ No right to roooivo nionov frnm ,i',.Vi / ' '. '*'**' .'itl.ori„Bottlc.„u,.toro,Ia .A • "' ^'"•"^^ "' "*"'"'• k;Xoo;.tioiis to thin rnio !!«> 1 o «. vo r«coipt for payn.ont of" H„,„,„,t „„ ;, ^ ' »!' I o on,lor8« Huionnt on wurraiit- •^"i' 10(li8ohftrg.)(loft. Jo UHo forms mithoriv.otl liv nileg Fees to ho taken... ^ 242 Pooh for aervic'op under Lii.o" b'o„c„;Aut ^'® To servo «« .po-naB nn.lor I J,,e Kces Act ^^J^ lo servo Hnhn,„im« iunlor DitdiiiH a,!i w\ : ^'^* Fees for servloos "*' ^^ fttorooursos Act , . , 333 884 »NI)KX TO MUr,K8. HKNKjri.iAi, I'Iftintiir W l^or property Ulion in "" fiOi 'Shall Ix) siiLjoot tn Hi.i'. w r. 313 Hl'I.N, 31 4.| •»7 «2 47 •18 82 .•JIO .,.■; ('•) 147 ('0 147 189 '. III.. I!. liXJ. OK«-To|.. \..,.tl,ve!«rk iJ,''lt;','''"'''''7t<'l'."Mm.i,,,. "niliU H cihJi liddk •'''•Kjnoi.t.U.htor'si.o'oV; Claim AND PAimr.-iAHM vt • 111 CMO of o<.|mrt..e,H) !^ ^ * *''** J"<'V'«""'h ..f tluH A.,t in c ■IWtiimla,Hio(|iiii„,l. '» HiutH iiiidor 8'2 BOO I" iiot...,.« aKHi.iNt olorks u,;,i i;„iii,;„ 201 243 261 (1-1)2 3 'p"ii.l with jji'Doeag. . \V1 Mil ^«imiiiuit,„.,,loa,ior8uiV.;"' Where .liHiniMmid Urtim i„ ,oi)loviii «y or (i^aiiiHt oxooiitorii * ""'"• «'""■" « l""iiiiH«.„v not. . 4 R « 7 8 33, 34 30 40 ((•) 100 73 148 232 255 ifroroiit coiintio«— •COMMBNl.'KMK.NT OK AcTl.lN CONcmmKNT SrMMONN . Wl^o,nore.ioft,:tha,;o„elin;ii KoiiuiditoB of— '"^.S^StSf" *" «'" "•>>-•" t.> H. or .li.H,.,.tio„ Co.u.ouA-noN--«orvice of ....„,„... „' l:« <3t.ltRK-Tor«oeivocl,um. io««giil)rooo88»„aniimlwto 8 15 i o ismiu nliiM Hiul plu To riuN coiioii|.on,l with clftin,; •»*ni iionoo miiiiiu,! l)v HBO »n m!. lands ' ^ ""*• "»• "» »uuimonii for || flood '"g 21 3 8 12 94 INDEX TO KULES. GhtiRK—f Contini'edJ. To mark date of renewal of writ . /ff": On issuing attachment (°) -^ To LV*^ statement in affidavit for attachment." .' . ." oj 10 distribute proceeds rateably "^ To Itff^ ° n* * ^lt"^ creditors andamount due each.: ' ' ' lo notify all creditors of list— May assign same to garnishee... °Z '^^SiSa^^'^'-' «'^^'''^^- -->-«: etc:; ;n- debt; '' To send copies of defence to parties.'.'.'.', ,., !^ acc:p£.^^".'"^"^"^«*^- P"'»-y creditor "admito or ^^^ '^ To enter all garnishee proceedings fn procedure b'..'„'w ^^^ ..q Shall prepare all special judgments or orders , of To have office within division ^^^ To make the necessary entries in books Jf? Books required to be kept by him- ' "^^ bhali make return to inspector— Of eity or part of city to keep separate book of fees M 1^7 Return of business to be mp!de to Lieut.-Governor-l ^'^^ ^*^ bhall number every claim in order received. . , .« be'do'prd"''"*-' '^ '^''''' ^""^'""- ^« — nted it must ''' Where pltflf. orders an ordinary "summons '. ,„,\tt Sha annex copy of claim to every summons ^ M-n thai IT ^"" '^"'•''"°* ^^ moneys retired by baihff' 5? orSnX^z:i:r;s'- ^" -^^^^ -— «: . ; : n^ Required to answer all letters promptlv .' .' .' , „ 10 enter m foreign summons book ,„ . f T To°*p";',°"£'.'° ."!':" ■"»•'' "■> --■ •"«'«.■<.». ■•.■•■ ■ . . S .'a The jury list and judge's list— '^^ Judgment debtors' list. . Headings of hsts— Jury summons To prepare affidavit of service-- ^^^ in transferred cases To notify parties... 1^7 \vh«r ".f *'<°^ t'^ ^''^^ '''^^^ summons :::.': ;s When hnal judgment entered.. Jx£ TVotice postponed judgment . . }^ deTnc:!"' °' ^?"*^ «''^'^' ^^ -"f-^'iou/or- no notice of '"' To send notice o'f "receipt 'oV money '.'.'.'..'.'.'.'.'.'.'..'.[','[ jgl CLURK-fContinuedJ. INDEX TO RULES. 315- Mone*^ ):'*''.»1'1 moneys of suitors R^'-h. «iyen fn slir. ''.^^.^ ^° ^'^""shee proceedings of any notice 165 166. 167 Shall register letter ancVni-oou" Upon application for n^S. re Shall P.O. certiHcate'. ; ■ ■ " ■• \^l wZ"''^'9-t costs rn;ui^ •••••••■ 17? i^^^.pl7L:^1lr ^^^^-'-^o'^i-hulingbailirs ''' irer fees'— 176 17ft 177 ordered to be commE ""''^*^'' "^ J»''g"«"t debto,^ ^^^ fcr:i::L--- High Court:;:::;: i«i' avauS!'""^ -tserved .n tiu,e to .nake notice of sittings and executions ^inS'lLSS''^:^^*'^--*- to warrants To file same. ^^.^ concerned m purchase, or have personalinterest Not to be engaged as agentby himself 'o m 182 190 193 191 195 196- 197 « ?L '"'* •■:.... ■°~"" "' """""" ''' P'^'tner in conduct K«niwa?K''«""'? ''«l'«»"' book. 198 ^!'BB^^'^S''':''- ■■■■•■•■■■■■ • • ■ ■■ "^ ^":'p;j» r.» 2 ,^»"-™»« wi» ...w „nH. p.^.. lo tax witness fees NotX^'Ki! °'"''' ■" '-"> -«vv : • ■ 256 283 2«6. 29J 292 in oil; 310 INDEX TO RULES. GhERK— (Continued). May require affidavit of justification .... ^2% To endorse sufficiency of sureties on bond . 0,0 ?o notlrt W ."!*' .P"*"*''^ ■^'^''•■^«^ °^ i-«-« ■■•■•■■■;•■ 3I5 If Jury required by apijellaut.' .'.'.'.' !"" .' om If by resnondent '^'o Fees for services under this Act. of •4.„^^ oio 317 May issue subpcenas to witnesses Link Fences— To receive notice of service upon fcace-viewers To notify jud',e appeal and afBdavit of 319 "20 To notify fence- viewers and parties ■.■..; ' oE To enter on judge's list Hi i o issue subpa3nas ^^^ Fees for services . ^^^ To notify clerk of ..unicipaiity of ' judge's order .■.::. ||? To hold monev paid as indemnity for costs, subject 'to 328 judge's rrecTior.''.*.^"^'""°^*y ^"^ «-^' -'^i-*"t« Ditches and Wateroourses-To receive notice "of "appeal and certified copy of award ^^ ,..„ lo notify judge ■*"" To notify engineer" andpartie* .".'.■.■.■■.■.■ 22? When .0 be entered on judge's list '.'. i ' ' ' ' ,,i i o issue subprenas . . . ''^^ Fees for services ^'^^ To notify clerk of niuji^d'palitv of' judge's order ^* lo hold money paid as indemnity for judge's dir^ctU . .I^' ;n«emnity tor costs subject CONTRACT-When a prima facie case of liability is estab shed CouRT-Means^^the^ Division Court having jurisdiction in to 336 337 259 the (16) 2 106 Crcss-actiok— Cross-claim. CLAiMA2n'-Goods and chattels saized in possession of . /„» ,2 Requirements of, when served with summons If he shall not have con «>q complied v'ith rule " ' ' " 34 iim *" ueiiver claim. " ' ' may sell. CoNSENT_By consent of all parties interpleader claim may be tried though rules not complio.l with ^ ' Judge may direct claim to be tried .'ithout consent .' .■.".■" Clear Days— How reckoned C0NFK.SS10N— Before action— What must be shown therein Time of application for judgment o"n- If time expires affidavit necessary. Changk of place of trial Proceedings in transferred cases 33 33 (17) 2 102 24 157 INDEX TO RULES. 317 h„ „** u • , ^* By deft. agaTnst^X^lri.f ''^'"^ '^^^^^'^^^ 28 Sl^l.nave the same efiect as statementof claim' iu 'a 'crossl ''' Application to exclude 106 \V here established against^pltflTs claim ^^'''^ -claim—or for balance. ' on coun- VVbere it is sought to recover specifi A™,r:;Srav tetan"' f °P-*rby%irtue ^f a'lien p.,ir „.! ^"^ra pittt. does not appear property 112 appear . Eule where matter involvetrbV.'vmTrl'iT'"- ' J • V- 113 Competence of thrccu,^" ^J ^^fe' [/^J/^^'J- ■; • •, •. 114 of the whole matter in controv r y-^''"'^^ *° ^'^Po^*^ But no relief exceeding court's authority Notice m^uired to be given to pitff. XZ deft. enter . .'. °" ^"'"- ""«'« «ett. desires to Time limite'd to six days l^efore tri'aC If pltff.Jiving without the division, notice to be given to cSr^:"^^^''^^^^^*"^-''--^- If a promissory note Deft, entitled to avail himseif 'of ' when" 'nHff y against one of several defts onU i.rM ^ ,A . Proceeds n X ^ "eiis. omj,, under sec. 106 oao C0NT2STED CaSES- ^^''— -' '" - "^^ 115 255 -What shaJl be considered. CoMMJTMENTO {See yVarrants}- WarraXor'''""*|-^^*"™« "^ *° ^^ --^^ to inspector Continue in force for wx 'P.ontlis Kenewal of Duty of bailiff in execiViio Payment on arrest ' ^ _ Counsel fee . . . " 288-9 181 203 204 187-8 206 •262 (a), 288,285,290 318 INDEX TO RULES. 'Costs {See also Fees and Taxntion of Costs)- Bi'"- Of concurrent sinninons . . Where interpleader claim dismissed ^ '"' Amount taxed bailiff to be shown in p." b] ' 35 Clerk to make out bill of ^ 151 Where practicable, to be taxed on Haxr' i.f VV- • 1 "•* wK^lEtf ^ f^ »'e'given%rp:ire"s ti.fri^nt''"; <«) )74 S7a.fcfbytu;ge :" W trial: In action aga^nVt -fxe'cl^torr ''PP^'"^**'"" ^^oufd be made. . . Of witnes-es Under Master and si rvaiii Act . .' .„;i.i. j ' 27 administrator.s {See ilxecutors, etc.) 71 ,. 'Cf (See aim Notk—' ' < here portion of claim a Iniitted 91 101 103 Clerk to notify pltff.— Subsequent proceedings— "S^r^^Z^^^'J^- *^'^* •- -" admit any pa., of "^^AZt"^' ^^^^-uffioient -notice of dis^ By way of counterclaim.. I'W A deft, minuted may be let in 105 7ii"i "eSi^I otiSr-" '^°"''^^" «"»: '" ^«" '" On leave granted to defend. 162 Where defence only for part • 1^7 Leave to defend under tfc ] i2th section '^9 When only one of several defts. pSSed against .•:;■;:.•:; gj INDEX 10 BULKS. -.g Practice, how regulated.. '. 246 Discontinuance of action. ('^^ ^46 Wh ok PAHTiK«-Action not abated by '"' "^^^^rs?;^.;^"— - :;:::::.:.:••;••; ^ DAMAOE.s_r„ interpleader (^«. /„<«•„/,„,/,,) ^*^ Jn replevin (,9?. i?.p^,,/«). ^"""''^^• Deponent (^ee ^j^iWm.V «„,/ o«« 309 Clerks and bailiffs' fees in suits 330-8 ExEcrTioN creditor-when defendant ^^ Enterixo cl.aim in replevin. . . , ^"^32 ExEMPTroN-From garnishment ^^ Pnmary debtor to estai)ii8h fa^t 71 ELoioNEi,~When bailiflF makes return of wrif „f -.u i^-XECUTORS AND ADMINISTRATORS ' Particulars to be given ^ summons '^,^ ^ Judgment in case of waste. or'^E3^:iil'''™^r-denied: -::;:: •.:;;;:- «« „^^n*l judgment for pltff. "tnTedT^JerX ,?"«'" ""°'«'- »" -«"»».> Where administration of assets ' pleaded " „„'a" uir' 92 wtnL^/;lttK- ^'^f ^^^^^' ' ^- ^'''^^^ 39 his demand "" "^ "''■'"'*^ "°* P''-^^ and pltff. proves ^^ Where ^iff^'''^^^^ of 'assets proved: 9* v> here payment made into Court Wheredeft. fails in any of his defences .•.•:::;.•:.•.:: ; ^« 320 INDEX TO RULES. a proper Rdli. 100 EXBCOTOM AKD Administk iTOH,~( Continued J Plaintiff's costB of disproving. audit, must be given ""* ''*'^° * «"'0''«'' In actions by. . . If pltflF. fail- What particulars of claim must specify- Judge may order other persons to^be mad. Where claims may be joined. ExscVTion-lSee Absconding Debtor). Where several against absconding debtor ""unTer^^s^^fo^O*.'^.:^.^.'^"'* ''«'*''"•* s-eofdeft^.-sued- Return made parties — 30 ^^E^^^'^'T^^r:^^^''-''^ May be executed by bailiff of 120 124 division ,/ 224 ""^Jc'lOO..^"^*'"'*^' ^^^- ^nai-juAgm-ent signed under How printed-(on half sheet foolscap) .' .* .' ." ; ." ; .' :.;;;• ^ Under thk Creditors Belief Act- Where execution filed with sheriff When he is unable to make money- w W °.!" '"1^ "''**"' ''«*»™ of file with clerk of which judgment recovered- ^ "* Uoi-k shall enter on procedure book- ^ScVrsSstr,"!"^ ''' --*- o[ tt'Sf '"" *'"^ "•*'•'" '^^ y--' ^"-g the lives ''Tervrtott''^^'.''.'^*^^"''^'^"^* ''--^^ affidavit for Not to issue on judgment over'six years old '™ Sucli leave shall T.e expressed on process Practice on renewal, " on process— Whi 126 127 128 130 132 I .S3 court in 139 140 Kr.f°£KroLrr' ""*■■ " •""'•• "» 142 receiving ... '*<' ® I85S ''"""r*:: t '"""' "'""° » "«- •■«'™ "-^. . . . : :. <». .». When seizure too recent to sell' within' thV qn'ri (*)(c)('^)185 When new process necessary— '89 M?r oYcSVel: "^*'' °^ ^" •^--'*-- - h- hands 193 For unpaid fees to elerk 194 299 JUDEX TO RULES. FwoDiNo Lands FosMAL objections..... "•"23 fcSTonSt??'^^^^^^^ p„, ''""-^^ . '* , ?'« P^^'^^" for iClTlair t '■*''' i-OBMs-Authorized 238 F-s and Costa (^e. C....,_Ou .„;«„'; ,,' ••.• .■.■.■.•(.) il? To jud.„,e„t debtor <=<>°>'n'tment ^^^ CouS S:* ^^'^^ ''«*"«'»enVbefoVetriai 202 Witness fees (a) 252 Foreign fees and '.ii.W ' 288-90 frn- .. .:^"'^"'^^'"«°*«-f"" statement of toh- ^' p/offie1;s^?bVa ;r ¥^* '^^'i-ig- ' 292 Under Mas W a.^i i '" "^^^*"ce-. |7ic^'rf^:rrk^ndof..foreig„divisioa": ^ ^J ^ Foreign summons 3°'^*'"'"" ..■.•■■.: ^^r' "^^"^^:^^!S--^^^n. to ;.y _ — ;; • • • ■••••■•:(«) lU Gambling DEBT-_r<«, i. l ,^^^3 i/EBT— Court has no jurisdinHn^ '96-6 Garnishee Proceedinos- •'"''°*'°" °" °ote for. etc 237 ^^JS;S^i!«*''-cti„n S:i^ controve., between pHn.., debtor ^d ga^ ^« P^"! ^^^"Vtion claimed ^ «|'sr/^it'„?.:?*'''-- " •Wvice on primary debtor ^. ^*^ INDEX TO KULE8. GaRNISHEB PRiHREinsaH—fCotUiHtudj \V hen ilebt claimed by a third i nt tv 77 rroceediii'gs th ^reon — ' Where sumiiioiia iaaiieil from foreiuii Ccnirt 70 Transcript shain.t liled- '" No payment a (iischaige, without order , . 70 \V here money iMiid in ii„t accepted /„> 70 Mom y 8hall n,.t he paid o„t until ^fter judgment- Any costs awarded to he deductel Where garnishee nays into Court before trial. . an Not jierHonally liable for costs— Uuty of clerk « hen money paid in by garnishee .... la) 80 IVoceedings tliereafter {!>), {c)~ la; ou Proceedings on application under sec. 195 01 Hond to be given under sec. HKJ qA Bond may by order he assigned to garnishee .'.'. oq Costs of execution against gainishee 04 Proceedings to be entered by the clerk ...'.'.'.'.'.'. .' .' .' .' ' ".' ' gg DbfKNCKS I\- (JakNISHEE PKOrKKDINos— Ail parties interested entitled to set up defence • ha Iftrticulars of .lefence or a.lmission to be Hied with clerk- Who shall sen.l copies to the parties- Primary creditor may admit or accept and notify clerk- t C opy of notice to be sent by cerk to garnishee- In the absence of notice, judgment mayle given (,) 86 fcfifect of failure to hie notice by primary creditor . If) 8(5 C^sts of notices rec,uired to be given under section ISs'. '. '. " (•;,) 86 Where garnishee or primary debtor does not appear ..... (hi Sfi If only some of the parties served . ^ ■/ Z.?. Forms to be used in proceedings under the Judicature Act ' 87 bame proceedings under 1 Act, as far as ru>es and forms api)lical)le— AU proceeiliugs to be ent-- ■ i.ocedure book . aa Clerk s notice tc. parties. ' ,.: J-ghould show time' and place of sittings — Hu.SBAKD AND WiKE-VVhere husban.! , ; wife improperly joined or omitted in suit , * '' ^ n,^ Claims against may be joinod ■.■■.'!.....'..'..[[','[ 23^ " Home Court "—Meaning of, anl of " home division " (7) 2 Interprktation Interpleader— Service of summons „2 Summons shall issue o a application of bailiff " id) 'i'i Shall be issued f ron. the court from which process issued '. {e Or the court holder for the division under which seizure made, at option r,f bailiff- Creditor and clai'nant may be summoned— Judge may change place of trial- Party issuing process must make deposit if) Amouiit may bj according to value of property or other- Practice and proceedings 04 7 Inspkction— When ordei for is made „-- « )f property, ma / be ordered by judge ... 070 Ofdocuments oo? IXDEX TO RULES. I^Ax™ When.min., n.y ,,, hc« \V here he appl,e« to enter ucti, n ' oih^iVhVn" V 284 Jpx>OB-^M,,„„t leave to brin„ act. "' '™ *''*" f"' ^"g" S May aM.en.l ...alter or , """l'""'"" ''"""'>0"« • • • ]i May clmnuo place „f f ri,.i 1 '' ''''^' ""^ «^he month S? My a.rect ba. ill' to take hnul- 44 May impoae other condition-- in time.... '" ^^''^ '"«'^^'"otice of dispute in A^2i'ri:^:^^Sr^-tian.imakeorder ^ «? May make order to ! x. I. V"' ''^ """""ons b» lo make on! , for detent^. .J. • ^ '«" '""^ "''^ f'"" him . 254 May make o. der for the n^e Jrv /"'^"'''^" "^ '""P^rty ' §7 gation '"^ preservation, etc. , of snbject of liti. ' inspection of propert^' by .'.V ' V. 259 Judgment Debtor— 279 Summons for examination If ,?'l""'«™ent8 for— 20O Non'Ttfirr sta "otice. . 2OI tendered payment ;\l7ummon'e':r''"''* wilful unless ^' JtrDoMKNT Debtor's BooK-TnK.i .^ 202 Entr.es to be Se tl^refn'^^* '^ ^^^'"'^ 146 -JuDGMENT.s-Before judgment i.ul^. 201 aban, J,,«-xcesi";S.C^' "P'^" *''™«' P«™it of K;^:; tSfaSt^ T™''' '^' «--^ ■■••■■■: 20' On applicationTor^ t of '*;;ptr ""^ ''''^'- ■■■'■''• - '■ ^ In Replevin— 44 SJl'^^^fltJfl replevin wt*a ;a,?/s»-.'" ■-«':::::::::::::::.■:.:: S FlfS.tdr>Xr*«>«-.:.;::::.:;:::::...:. « In Garnishee Proceedings ^^ mo™ executor .,.,„i^„,.,„^„ ^_^^ ^^^ ^ MICROCOPY RESOIUTION TEST CHART (ANSI and ISO TEST CHART No. 2) 1.0 1^ ■ 3.0 2.8 3.2 1^ 1^ [2.5 2.0 1.8 1.6 ^ TIPPLED IIVl^GE 1653 Eosl Main Street Rochester, New York U609 USA (716) 482 - 0300 - Phone (716) 288- 5989 - Fox III 324 INDEX TO RULES. Judgments— CCojj. Where representative character denied, or release alleged. It plttt. proves demand . e "• • • istratff ^'■'"''' **"" ^^"^^""^ *°^' deft.pro;es th; admin- RVLE> 91 ■ 92 Where deft, does not' prove' th^ administration 'alleged . ! ' ' ' 94 % Where deft proves the alleged administration . *^^" " ' ' ' ^*' ^^ ^bere assets come to hand after . q. Where, if defences fail '.'.'.'.'.'.'.'. nn Wherb no Dispute, or where portion of claim' admitted! '.'." 101 On Counterclaim Special Summons where pltff. does not'appear n ? Against those served only with , ,« When judgment may be entered. , . ." „, When clerk may enter judgment.... iii When final judgment may be signed . .'. no daCnT..''.^'!!"!"*' ^'^^- ^^ ^''" notic;' of 'disputing On confession ^^*^ When not entered by'defaul't'within 'one' "month 11 When given against deft, pursuant to sec. 1 10 f„n So How entered in procedure book .... ^ ' \it W hen and where payable. After award made When for defendant o'n" set-'off 'o'r'counter'c'laim ' ' Where judge stays Where defence applies to part, "j udgineiitf or 'such nart defence does not apply to ... . ^ " Application for final, under sec. iii U here signed by the clerk under sec iog SfAct"".!"'^.^'''""' """'^ execution und'e'r'the'c'redit'or's' Effect of sheriff's return '^^ Transcript of p foreign Court or County Court '. , -u How prepared (full sheet foolscap) ... ^/ , I gf' Not to be issued where proceedings hav'e' abated' '. * '105 had"theS- "* '^'^ "'^ ^''"^ "''' ^"^^ "« proceedings Unless such judgment shall have been revised In cases brought to trial transcript shall not issue alter fourteen days . t as 128 129 130 131 i issue until after I.S6 Entries to be made in procedure book Vi'^ "Tent^Lf °^*'^* P"^^°^^ '^ the'transcri'pVof juag'- All special judgments and orders, how prepared x,7u PP..''^*,',"'^ ^^y ''^ i"awes) ,„, Of admission of part |"^ „ i03- iiow served — ^ -sufficient""": ^';''^:^''-'^^' «'• other statutory defence In transferred cases ^^^ ^"^arfTlT °^ d'«P"t« gi'^^n and deft.' gi^es eonfeision' or ^^^ or failed to give notice of defence. e-^sion or On receipt of money ^^r Notice to solr. or agent \^ VVhere pltff. proceeds for remainder' of claim {Sr On leave granted to defend. . ]l^ Upon application for new tria'.. . {,i beTn ml'^S '^ "'" "'" "^^^"^^ '^' *^*^' --* '^^ ^ 240 New Trial— Application for. 179 Summary application for. . „ Application for may be made 'viva voce and determined 'on '' the day of hearing if both parties present . . .300 7Cf% ^tl" ^^^^ ?*'■*'*'' *''^ ""* present ..,;.: ." fo Copy of affidavit and application shall l,e served . ' ' ' ,a\ Papers must be delivere.., 0»B.„-Du.v c! „,„k ,„ .„,„ "^ " '" ""S"l»"«y ."owed ag fours',,;".,'" ""p-" 'ty «ie;ii : .■:::.■.■:::: • z Officers' FPKS-Thn- • , "' ''"^- "^ «"»>J«'ctof litigaion 4» Order for eaforcing payment of .' ." 298 Particulars 29y In suits under sec.'s'i o c excess IS abandoned 6 Process 7 First proceT '^"'"'■^^Poncl with suit- Ahasorpluries..;;:::: 910 VVhere suit under the 29th sec ' J2 ^^^^^^^wE:--tELJ^^^^-^-^-eab^^ ;^ Plaintiff in interpleader. Pavm. '"*"''"^ "'"" '" "-^Pl^vin must specify («) 3' PAifMENT into court-may be made wh -»» B;fSs?«"'ff and orSor"'^''-^ '^^"'" ^^ ^-'"-ges made ^:ni^^^^^°^^-ainde;:^ie;^^^^^ Pavmekt into court in action of detinue ^^^ PfiocEDiTRE Book-Shall be the transcnnf f'-'l ' ^46 "^^'^St:^£:^rS^-:^rfrom,arnJm^^^ '^^ P--of,ud.mentdebtorr:t::L^^^^ '''■^^^^ Payment on arrest 202 276 £!>; 328 INDEX TO RULES. Pi'TTiNG off trial Ri'-K. Postage and REGi.sTKATioN-Cost of '''''' aI',! w>,'T ^"'■'"'^''^'' ^'*'' f"'- answering; ■ ,' ??!! Ai.d with fees upon application for new tria 1':] "eSrcrl""'^" ''^ ^'^'^ '"'^'•'^ «'-" ^^^'l-eimicl and ''' When papers forwarded to judge— Tost oT.!r7''*"''"i""*"«^ '""«* ''^ enclosed- Cost of postage anc( registration shall bo costs in the cans. Rules— Time of operation Actions pending- - ' porary judicial districts ...... . . ! . "^^"''*^' *"^ *em- Return— of service of summons RKTURNSof clerk to inspector To provincial treasurer ''*' Of bailiff, forjudge.. 177 Of judg«,ent debtors ordered'io be committed .■;.•.■.■.■;; .•.•.■.•; |JJ Renewal of wiit of summons Plainlift- may renew before expiration of 'l2 inonths- ' " " " ^^ Application may be made to judgt- montiis— Renew-al to be marked with date of issue (b) Ri-NT— Claim of landlord Amount and particulars require to be stated- ^''^^ Replevin 260 Iti 38 39 40 „ Jurisdiction limited to $60— When goods repleviable When action may be broughi— No party to an action shall replevy Conditions on which writ can issue ^- Judge may proceed on e.:parte application .■;;;;; f May direct notice to show cause— ** May grant or refuse writ, or may impose terms- Wher™t sued out for personal property not previously If pltflf. 'fails deft.' to"be indemnified against all- Also to indemnify deft — «*?r^".* '«?"e3 without an order. . . BaihfT's duties— •■• Concealed property 49 50 51 INDEX TO nULES. !^^^^:lS^t:S-:^r"-^or.^^^a With "^"■ Notice of disputing claim necessarv ' ' Paymentt'S'Sro f '^^^-^^ eo Where the flistress is' or U" ^l- Z^'' "'"^'"^ '^^'^'^-'^ ^2o' ' ' ^ WWdeft^S& tlrtftr^^^'^^-^"^ «"•" due Judge or jury 'nav ,^;,'', "«'"ent for return. . . Where deft iS "V' f""""* "^ clanmges- «« «c;mmons- ' '''• J"'^«'"-'t«hall be ^or return of goods / Ordinary Special . Service of summons on chimi^^l •••.'."'" ff Summons in replevin ''^'^""''"* ' " ^ To jurj' ' '4 n « »r«d t't^'-isr"' -'<»»i ■■■■•■■■•■■-■■ ' ■ i" liequirements for on H^ff Judgment on . . fp^^^S^it^'' '^^^^ -i^n stayed ! ! ! ! ! ! { JJ ^rRKTi«s-I„ actions against officers and their '«" 6 Ml 330 INDKX TO RULES. SuBKTiEs Of Clerk and bailiflf-Clerk to report on "'! o"' Stay of proceedings '"'^ May be removed by judge ^"^^ Ipd^.!".''"^ '""^ where- if Vn High bourt mighrbe May U stayed until security for costs given ^ Suitors' Money-How payable f^ Satisfaction of judgment y. | ^^' Taxation of costs "^^ Transcript of judgment— ^^* ^Court. ".'"^T^''^ ^"^^'^^^^ ^"•"'"''"^ »«ues from foreign Under sec. 217 • • 78 When judgment summons" wanted .■.".■ ^^7 By jury IS'l Trials and Hearings- Where by a jnry ^^^ flinTis'^:'.!'^^^^^^ 276 Tender of money in part payment. ^^' Of payment in satisfaction. ^^^ Before action. 171 Thansferred cases Transfer of cases "to High" "Co'iirt ".'.'. ^^^ Unauthorized Forms and Proceedings- ^^'^ JlTs^T.'. f^^-.^>;d 'lo-'-ents to be similar to forms Venue— Change of ^^ Notice oif required! 24 Warnings— On Summons Warrant of Commitment ^^ Requirements of 203^ WARRANT-Duty of bailiff on receiving Withernam, to issue on bailiff's retnm ^( ."","." ^^^ eloigned . '^^*"'^" °^ property having been . 54 Contirues in force six months— Kenewal upon affidavit Application to judge for renewal. . . ^. Renewal of to be marked by clerk ^04 On payment of amount endo'rsed on. "deft." may "be "discharged lot RCLB. ISO 245 293 294 247 256 174 78 137 200 248 154 156 27o 276 281 170- 171 INDEX TO FORMS. INDEX TO FORMS P««e and Number Of Form referred to ■Aj'PHAISERa' Pbks, Affidavith— are thoM of the Revised Rule., etc. Fo?ra/;To l.^'i^-^r" -nchuion . In a divisi «- a party residing in -;,.;,vv^ wherotw; at'tSr^ '"" "^''°'^ debtorVreside; Schedule referred t.« f k ™;j ' Form. p^og. 3 80 22 DO 23 97 Of therein.^ ^^''""'K. when no peraon found ForlnZtV^ confession ... *^ 31 Of bvIL!, 4. judgment. . . ^r^S';;?'j±;:-ir^*orto-;e;iW::::; istrator . ." . ^":*«"'«'>* ^g^"«t an executor' or admi^: •Jntler see. 217 o^ '„L ' ' i ' ", • ■ • ■89, (or furthir p ™et£ ■ .T' ^^l "' th« Aot' of 32 33 34 35 36 37 97 98 99 100 100 m 101 101 101 102 102 103 103 103 38 104 %aQuHl<.T, ote, On''±*r*S''^^^*byilliter 39 40 41 Of disbursements to witnesies J. GenZ. J -aruish debt ... ^=lS^:'M^-^^"«-^-ius.onofinga.ishee T^fei^Ktr'r^v^i^^^^---: ^^ 42 43 o''K55Si^'*=""^"'^"*' on 104 104 105 100 106 107 107 108 115 116 ^l^^^-5.r=r^-i?^W„ton ^* ^^^ Of signature toTdSr!^ """ ^^*=- ^«^ i 333 i 75 231 124 177 884 INDEX TO FORMS. Akuitkator or Umpire-oath to be put by ,'"'"• ^^i ATTAciMKNT against an abHcomliug debtor \m ,^ AsHioNMBNT t.. be eiulor.e.l on replevin bond. . ni 1 1« Attachincj order {judge's) _" '^ Attachmknt of debts * '"]' ARBrTHATOK or Umpire— '^'^ Appointment of a third i ho wm Appointment for meeting of reference! '.'.'.'. 2^ ,. Enlargement to he omlorsed \^ j'*!! Award ^'"''*"' "^ '■'^*"""""'' ''»°*'^'"'"K n'ocial clans; ." " ! .' ." ■;; ] '. ijg ,,jo AoREicMENT-Not to appeal.. ".'.''.'.'.' }!S J"! Admisniox of elaim.. '*** Affidavit of signature to. . . . " .',' 't Appeals— "*'• ^" Dllchen and Watercourses— Notice of AmiHal Orderbyjucr 240 180 Jmlgment..^.' v. •.■.■;.■;■. 2-*I 180 Certificate of pward , . . .' ^42 181 Line F,iHa>,-~ '*'* ^^* Notice of Appeal „., ,^, Order of juage... 244 182 Judgment..^ 245 182 MaMer and Servant and Tax on Dons— Notice of Appeal 0.7,00 Appeal bond ^jl '°'^ Approval of clerk '.'.'.'."'. oT^ \li Demand of jury f*'' ^^* B Baimpp's Tariff of Fkjcs BooK-Procclure (superseded by Form Schedule B. "io Amended Act of 1894)... , a an Debt attachment .' ' * "" Cash book „ "* Clerk's fee book .■■.'.■.■.■.".■.■,■ ^ ^f'^ Index, form judgment debtor's ..,'.* I tn Order book ° ^" Foreign aummoim, ...!........' ,^ ^1^ S*fji5> process book, under Rule ISsV.".'.".' * ". 11 rI Bailiff's tee book |i °^ Bailiff's cash book ( under Rule' isO) . .'.'. it on BoND-Replevin ' ^" Assignment to be endorsed ... .'.'.'.".".' .' ." .' .' .* ' " '. ' ," ' " ." " ' ' gy J |g Bailiff's return to writ of replevin a, , , ^ BoND-Under secIOG "' ,„, ^ J 76 124 On supersedeas to warrant of attachment is? ) fil On seizure or sale of perishable property isa ino For security for costs, where pltff. out of Ontario. '. ". ". '. 189 1G3 Appeal, under Master and .Servant Act. . 249 184 im MA 118 122 143 'vnex TO roHMs. BAiurr'H Forms- "^^^ NoCoVSi '" '"" ^•'"•""'-1 "" inventory . \ 2^2 1 78 R«tun, to execution,:... ■■.■.■.■.;:.• .^JJ /^S •feci . ~','j! ' ''» terfc::::::::-:-:::::::::;:;:;::: « IIJ Clerk's— o • i/» Clerk'g tariff' of fee, Cjwh ,ook(cl,.rk"H).;; , „ Clork'H f,.,. 1,„„]{ * 77 Cash hook ImilifrC '/."i " *'2-3 0,.,M •*• '""''ff" (under rule I8m. 7 84.5 'is«l:r:'°'-'"- „ « On a covenant .■;.■; ■.■:./) ||if J" uwes of detinue.. j.r, ,,., i^'Snftu»^'i^''r^^^^^^^ ^"^ 1^ ''^ , In action. ««, „« rt'' ""l''"' ««''• 8^. . « ».'< Claim in replevin '. . ." ." ;; ' ' Jf ^,^ """"":^c^"~rr-''-- ■'■•■■■'■■ " '" g-k-s certih^atl"" oSTn'Z^ "'"'- «-• 45 2^,7, Of Jmlge as to exception iCl.w?'"* "/ ^PPeal. | ^ '^ I>itch^^/K^^;;.^erk^f.„„,i^p^i-^..^^^^^ 228 177 t^ONSENTS ANn Aoreemkvts- 243 I8J Consent to an appeal, under sec I4S „ , To g,ve jurisdiction 192 u Change OF Partiks- 193 IS Order^ to proved ,,ter the death of a p,t,.,,terjnd^ ■Cebtiohari— '■ 21s 173 Return by Judge to 220 174 II 4 336 INDEX TO FORMS. 194 164 Confession of Debt— After suit... Form. Paqbl Costs- 229 177 Undertaking of next friend to be responsible for Oboss Jddqmentb — ^ to set'ofi''^"!**'""' "°*^" ''^°- "^^' ^°' ^"''S^'" *"'^«'- Judge's order. p^.S 175 Entry of satisfaction of smdie; judgment ! .' ." .* ;;.■.■■"• Ss )?« Entry of partial satisfaction ....... .!..". W " 226 176 Crkditor's request for discharge of debtor „„- ,,« Complaint- ^^ "^ Form of, under The Industrial School Act 253 186 5 19 227 Debt Attachment Book Defences Lkbtor — Hequest for discharge of Discharge of a party from custody ." ." ." ." ' ." ." " ." .' .' ." .' ,' ,' .' ; ; 228 Debt— Confession of, after suit .," Ditches and Watercourses— Appeals Notice of appeal „,,. Order for trial .' 240 Judgment ' -^' CertiHcate of award.". ..'.",'," '^f~ ' ' ' M,i B Entrv in procedure l,ook under Creditors' Relief Act, where there is a judgment ' """''^^ Aa to executors and administrators—- ■ revivf'^ °'"'^*"' ^"'" ^''**<^"*°'' o"- "'Iministrator to Of order that judgment be 'revived' against Of judgment against executor or administrator 'on devastavit after judgment. pn.veSne '"^'""''^''™*'''" "^ assets' and " does ' not Wliero administration proved ....'. Where mlministration not proved ^r ffi.c 't :^:"*:':\ ^^ *^'^ ^*- 1--- vui."*''^''"""^ Jiulgment against. . . . '. the demand'!'" '"^J''''^'^"***>^« characte'r" and 'den'ies ^^releS'"''* '"' '■''t''"'=«*'"**<^ive c'haracter 'or pleaded a 81 94 176 177 177 180 180 180 181 95 128 Who lias wasted assets Form of entry upon juilge's order under sec." 'l46 103 104 130 130 105 130 106 107 108 131 131 131 109 110 131 132 111 132 112 113 180 132 132 159 INDEX To roma. ■fc-XEOUTION— Order to suspend Form. p,„, tesnfSS'--'".-.-.::.::::::;:::::.: ',- i in case of sevpral i,, I ^ .1, ^'"0 When. nL 7 J'xlgments. . . 132 isr ^P'St^''"""'''**--.::::::.;; I f Under seo «'? ,..i, .' * ' " ** '-'S . ti-ator "«'*'°s* «" executor or adniinia ^ ^^SSS^^^pS^*^^^^^^ • IJO ISO On'o'^d'^f^--"-^^^ '"' On a claim not a jSZt't"''''^ '■"•=°"''^d • • H4 1 aja.nst primaryWC *' ^''•^'■*' "" J"'^«^'ent given '' ^'*' andprC?TebTor^"''^"-'--vereda-i-^ 1^6 ,42 creditor or SarrdSo"rnc?i'^V'""*'>'p-Sry ''' ^^'^ claim under sec. 197 "'' J"''«« «ives effect to or mfirm witness. . ^""^ *° ^^'^ine sick, aged Order where both partieVapj,;;;:: ■ ' 176 ,58 177 158 FuES-CIerk ^ . ^ Bailift-8 Witnesses' ." .' 1 77 Appraisers'.. ''"'■■ ••'.....'" f ^® Fkk HooK-Clerk's « 80 F^-iaaammonsbook:;:::::;;;:; 7 84-5 • 10 87 12 «() 338 iNbEic *ro PoiiMd. Garnishee Proceedings — Affidavit for order ^°''"- General form of heading and conclusion of aiffidavits ii'i 44 Summons to. and primary debtor after judgmeni 7J Memorandum, under sec. 177 ii""="^ /O Summons before judgment Zi Warning to. . . '^ «< * _ ■ ■ ■ • 72 Clerk's memorandum "of non-appearance' of ' ". IaJ H Memorandum of admission of debt ^ ' ''^ Memorandum, where garnishee denies debt Attidavit of service of summons after judgment on agent of a body corporate. . juugwenc on under sec. 196 (See Judgments, See Executiom.')' 74 75 76 PaoS. 107 108 120 121 121 121 122 122 123 123 123 124 124 Index, Judgment Debtor's Book Inventory of Goods Replevied Interpleader — Application of BailiflF for Landlord's claim for rent, under "sec. 269 ' * ' " oummons m Particulars of claim in Adjudication on Where both goods and damages are" claimed and tho claim to neither established. . Where claim to both is established.. iflr^f i^''"''? ^"'^ *^*"*S«« ^'•e claimed anddaim Sfsfy tm'a^:' '^:^:''. r ' '"**^ ^'-* -«^-«' *" Adjudication for damages, where execution" "creditor recovers against bailiflF, who pays money into Court Where claim to goods estafclished but that for damage IS not Where the claim to goods" is "not," but the 'claim " "to damages is established '. Infant— ^cosTs**'''"^ °^ °®''* ^"^""^ *° ^^ responsible for defts'. Industrial School Act, The Summons for maintenance Order for payment Form of complaint Judgment debtor's book. Judge's attaching orders . Judgments— Minutes of- Against deft, for debt or damages. Under sec. 109.. .. 8 86 68 119 165 154 166 154 • 167 154 168 155 169 156 170 156 171 156 172 156 173 157 174 157 175 157 194 164 185 251 185 252 185 253 186 8 86 73 122 77 124 78 124 110 INDKX TO FOHMS. JUDOMKNTS-MINUTES Or--./^ ,• ^^^ Unde'r seVTr*'"*^' "'"''^•- «««• "1 • • • ^'"'"- '"*"«• ■tjiTi *"iii '••••.., "70 I Or „7ar „tCer ■-'"■• -i-oi"- ...»„„. ■.„, »" is ^rder to suspend .. . ^ joo 190 Order postponing..:: :::;•• m \^i ^'=>''ors and Administrators- '^^ '^" does not prove same ^'""""^t'-^tion of assets! but Whpr! '^t^-'^J'^'^^'o^ P»-oved 106 131 Ordinary against ... 109 jo, ^«::dS^/^-«P--tatrv;eha.u.era„dd..^^ ''« '^^ ho hasc^ied his repr^sentativVoharacter or pleaded ^^' '^^ Who has wasted assets:::::::::: "2 132 Garnishee— "3 132 ments.... ^ ^*™^''«^ >« Payable by instaV <» 1» nnto^bk ' "'■ " '*'"•'""' »l>i»k he knew "' «?ht7pi«™*g..ptsir^ lis IS sll ^ INDiSX TO FORMS. Judgmknts-Mfnotbh ov-(Cmitinued). ^^"itT"^ •' r^''- ""' g*"»«hee. or claimant against ""' ''""' primary creditor ** Wnerc set-oflF of primary debtor" "exceeds ' claim ' of ^* primary creditor , , . 122 134 171 replcmn — In favor of plff In favor of deft, in re"plevin "for'r'ent .'.*.■.' )?! \^ In favor of deft, in replevin of cattle, damage "feasant " 1 9fi \ll Where not for rent or damage feasant... _.: {37 J|^ i)^'(!mwe-For delivery of goods 128 H-? ^'cOTts '";™''*"***^ '■^*"™ i« o'-dered with damages and To pay costs to clerk," sec." 55.'.'.'.'.. .' \ \ll \l^„ On appeal to High Court \l,3 Cr '\,. , i:eaaors and admimstrator, - ^^ istrator '^^^ against executor or admin- " 1utgt:nT"*°^'"^'^'^---t-tor aneg. administration oflS^fi^^^^^^^^^^^ Where administration p;oved 106 107 86 105 106 128 128 129 129 130 on devastavit, after his 103 130 104 130 105 130 131 131 -y 342 INDEX TO K0RM8. ORum—fContiuuedJ. Where prove „ ^v.^v.w.. a!lmi„.Ktio'n""^'"' '^^--d -^ the deft, proves pltflF. proves his demand and deft, does not I administration Form. Vaqk. 108 131 On ordinary judgment' against.".' .'.'.'.■.'.■.' J?!' tt demSd*''' ^''P^^^-*^"-^ characte;-and;ien'ie8 ''" '^XJl^^^e'^i ^^^'^ 'oha;aeter' and Who has wasted assets /'^ In garnishee proceeding. {See Judgments. ) ^ In replevin. (See Juclijmenta.) lo pay costs to clerk , „. On appeal to High Court |f? For new trial * ' ' For judgment, under's'ec. 'l46 . .' * * \ll Of reference ' ' ^ For aopointment of' third arbltrato'r' o^ 'umpi're \ll F^/i^roVXr^^' -"""^^^^ specfal clauses: Isl Changing place of triai, under sec. 'scj l\\ Of judge to set off cross judgments,* sec'.'ois! 224 Kl1^.11^!^«^1«t»- Judgment. ';:::::: :; St 131 132 HI 132 132 132 Of^judge for trial of appeal under the Line 'Fences ""t^llJSS" '^^ -^j-^;"nder'the W PKOOKouKK^B^ooK-Form Bupe-^eded^by schedule B to Amend- Process boolc, bailiffs, under rule 185.....'.''',', Primary debtor, summons to after judgment Partners— Demand for names of Declaration in answer Notice of application for'oi^der fo^ names '. oVo Order for names ^'" Parties- Change of Quaker— Affirmation by 136 136 158 168 159 159 160 IGO 171 172 173 173 173 176 176 241 180 245 182 252 185 4 11 70 208 209 80 88 120 170 170 170 171 Q RKPtEVIN — R . 218 173 (0) 106 Affidavit to obtain judge's order for writ ... . «! 1 K To obtain without judge's order :;;;;; Jg 116 l^DEk TO FORMS. pZ^sin:: '"7,'-'- Bond. <53 Uc, Inventory of goods repleWed 67 lis RKPRISAL-Writ in . ^ ^"^ 68 im HKTORNbyjudgetocertiomri 69 II9 Rbqukst for discharge of debtor! .'.■.■; 220 174 «„, H 227 176 OET-OFI" ° SuBPOKNA OSfee ri<«,;„)'. 20 96 t>l^MMONSES AND WARRANTS- General form of |St:;S--'ip-oeedings;etc::.:.:;:.- ii m Notices and warnings;. .': 47 im Not.ce required by sV 98:: 47 S Ordinary summons... 43 ,« ^S^"--*°-'^-i-ii^st^l.reha.^-,,;^^- ^9 !1? JSS::'!^-«*-*«-He;eas;et;aneged;i„ce '^ ^» To jSr ' "* "'"'■^ « ^«««. «nder sec! 65.: ,^f 1^2 To witnessV.v.v. '.::::::::: I? ;;? Summons— 64 117 To%tL7ry dVbLr/n^^'""-'*!:^'*-*°r . . . . Under sec. I97, where aThilf ^^^T J»')gnient. . . 7" ^0 • garnished . . . ^ " ^^'""^ Pa^ty claims the money ^' Inmterpleader.;.;; 190 ,.,. KSeSL^^^ ?''*'^^VundVr-sec:-86 ''' ''' TARiFFoffees ^ '^^ 161 Transcripts— ■ Order changmg place of, under sec 86 <^> '^* ^^^ rr u 216 172 UMPiRB-Formofoathtobeputby ---K..ofne.tfriendto.e^-,,.,;,,,^^;^.^«)^^^ m 34.4 INDKX TO h'Olim. VRNUE-Affidavit lo change ^ '"""'• ''*"'• * 42 107 W Witnesses' Feeh WiTUERNAM— Capiaa in .'' ^^ Warninos to garnishee and primary debtor Warning to ffarnishee „r ", («) 73 122 Warrant to ^levy a fine upon a witness who refuses to give Upon a witness who'refuses'to iDe'sworn' ! .' ." ." ! Ig? ]il For disobedience of the subpreua |'^^ ]i^ form of in detinue '^" ^49 Of commitment in default' of appearance' .' .' .' .' Itl, ]i^ Of commitment after examination ,„. If ^^ *or contempt in open (Jourt . ^"^ JJ.^ J^f '■'^p