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An Act to repeal a certain Act therein mentioned, and to make better
provision for the Limitation of Actions in Lower Canada.
[ 28th July, 1847. ]
cap. 16, cited.
HEREAS by an Act passed in England in the twenty-first year of the Reign of Preamble.
King James the First, and intituled, An Act for Limitation of Actions, and for English Act. avoiding of Suits in Law, it is among other things enacted, that all actions of account 21st James ! and upon the case, other than such accounts as concern the trade of merchandize between merchant and merchant, their factors or servants, and all actions of deht grounded upon any lending or contract without specialty, shall be commenced and sued within six years next after the cause of such actions or suits and not after: And whereas, under the law of Lower Canada, whereby it is provided that in proof of all Doubts refacts concerning commercial matters, recourse shall be had in all Courts of Civil Jurisdiction to the rules of evidence laid down by the Laws of England, doubts have arisen whether the enactment above cited is applicable in Lower Canada as a rule of evidence, and if it be so applicable what acknowledgment or promise within the said period of six years is sufficient to take out of the operation of the said enactment any case which would otherwise be within the same ; for the removal of such doubts, Be it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and of the Legislative Assembly of the Province of Canada, constituted and assembled by virtue of and under the authority of an Act passed in the Parliament of the United Kingdom of Great Britain and Ireland, and intituled, An Act to re-unite the Prorinces of Upper and Lower Cimada, anul for the Government of Cunada, and it is hereby enacted by the authority of the same, That no action of account or No actions of upon the case, nor any action grounded upon any lending or contract without specialty, account, &c. shall be maintainable in or with regard to any commercial matter, unless such action in commercial be commenced within six years next after the cause of such action; any law, custom tainable unless or usage to the contrary notwithstanding.
commenced within six
cause of ac
II. And be it enacted, That no acknowledgment or promise by words only, shall be tion. deemed sufficient evidence of a new or continuing contract, whereby to take any case No verbal proout of the operation of the next preceding section, or to deprive any party of the ficient evibenefit thereof, unless such acknowledgment or promise shall be made or contained dence of a by or in some writing to be signed by the party chargeable thereby; and that where to take the there shall be two or more joint contractors, or executors or administrators of any checreach of contractor, no such joint contractor, executor or administrator shall lose the benefit of sect. 1.
ought to be
who are liable under this Act,
ment of pay
Case of joint the said section so as to be chargeable in respect or by reason only of any written
acknowledgment or promise made and signed by any other or others of them : ProProviso as vided always, that nothing herein contained shall alter or take away or lessen the effect to effect of
of any payment of any principal or interest made by any person whatsoever: Provided payment. Proviso: in also, that in actions to be commenced against two or more such joint contractors or case of joint
executors or administrators, if it shall appear at the trial or otherwise that the plaintiff contractors, &c. plaintiff though barred by this Act as to one or more of such joint contractors or executors or may recover as against
administrators, shall nevertheless be entitled to recover against any other or others of the pome, though defendants, by virtue of a new acknowledgment or promise, or otherwise, judgment against others. may be given and costs allowed for the plaintiff, as to such defendant or defendants
against whom he shall recover, and for the other defendant or defendants against the
III. And be it enacted, That if any defendant or defendants, in any action on any when defendant shall plead simple contract in or with regard to any commercial matter, shall plead any matter in
abatement, to the effect that any other person or persons ought to be jointly sued, and sured with him, issue be joined on such plea, and it shall appear at the trial or otherwise, that the
action could not by reason of this Act be maintained against the other person or persons named in such plea or any of them, the issue joined on such plea shall be found
against the party pleading the same. No indorse IV. And be it enacted, That no indorsement or memorandum of any payment written ment on a pro- or made upon any promissory note, bill of exchange or other writing, by or on behalf missory note, of the party to whom such payment shall be made, shall be deemed sufficient proof of &c. by the party to whom such payment so as to take the case out of the operation of this Act. such payment is made shall take the case V. And be it enacted, That this Act shall apply to the case of any debt of a out of this Act. This Act to
commercial nature, alleged by way of set-off on the part of any defendant, either by apply to debts plea, notice, or otherwise. pleaded by way of set-off. No action to be VI. And be it enacted, That in or with regard to any commercial matter, no action maintained against a per
shall be maintained whereby to charge any person upon any promise made after full son for a pro- age to pay any debt contracted during infancy, or upon ratification after full age mise made to pay a debt con
of any promise or contract in any such matter made during infancy, unless such tracted while a promise or ratification shall be made by some writing signed by the party to be charged such promise therewith. be in writing. Cases of guar
VII. And be it enacted, That in or with regard to any commercial matter, no action antec in which
shall be maintainable whereby to charge any person upon or by reason of any reprea written memorandum sentation or assurance made or given concerning or relating to the character, conduct, shall be necessary.
credit, ability, trade or dealings of any other person, to the intent or purpose that such other person may obtain credit, money or goods thereupon, unless such representation
or assurance be made in writing, signed by the party to be charged therewith. Recital. VIII. And whereas it hath been doubted whether the enactments of the Act passed
in England in the twenty-ninth year of the Reign of King Charles the Second, and English Sta intituled, An Act for prevention of Frauds and Perjuries, do extend in Lower Canada
to certain executory contracts for the sale of goods which nevertheless are within the Carol. II., c. mischief intended to be remedied by the said Act, and it is expedient to extend the
same to such executory contracts : Be it therefore enacted, That the provisions of the Provisions of said Act shall extend to all contracts for the sale of goods of the value of ten pounds to extend to sterling and upwards, notwithstanding the goods may be intended to be delivered at contracts for some future time, or may not at the time of such contract be actually made, procured value of £10 or provided, or fit or ready for delivery, or some act may be requisite for the making sterling. or completing thereof, or rendering the same fit for delivery.
IX. And whereas divers errors have crept into the Act passed in the eighth year of 8 Vict... 31, Her Majesty's Reign, and intituled, An Act for the Limitation of Actions, for avoiding Suits at Law, and for rendering a written memorandum necessary to the validity of certain promises and engagements
, in that part of the Province which heretofore constituted the Province of Lower Canada, whereby the sense and intent of the said Act have been marred: Be it therefore enacted, that the said Act shall be and is hereby repealed.
X. And be it enacted, That this Act shall apply only to “Lower Canada,” which This Act ohall words in this Act shall be understood to mean all that portion of this Province which apply to formerly constituted the Province of Lower Canada.
Lower Canada only.
MONTREAL :-Printed by STEWART DERBISHIRE & GEORGE DESBARATS,
Law Printer to the Queen's Most Excellent Majesty.
An Act to amend the Laws relative to the appointment of Special
[ 28th July, 1847. ] THEREAS it is expedient to amend the laws relative to the appointment of Preamble.
Special Constables, and to make other provisions for the better preservation of the public peace in that part of this Province formerly Upper Canada : Be it therefore enacted by the Queen's Most excellent Majesty, by and with the advice and consent of the Legislative Council and of the Legislative Assembly of the Province of Canada, constituted and assembled by virtue of and under the authority of an Act passed in the Parliament of the United Kingdom of Great Britain and Ireland, and intituled, An Act lo re-unite the Provinces of Upper and Lower Canada, and for the Government of Canada, and it is hereby enacted by the authority of the same, That in all cases where it shall be made to appear to any two or more Jus- Any two or tices of the Peace of any District, City or Town in this Province, upon the oath of any more Justices credible witness, that any tumult, riot or felony has taken place or is continuing, or empowered to may be reasonably apprehended in any Parish, Township, Town or place situate within appoint Spethe limits for which the said respective Justices usually act, and such Justices shall be in certain of opinion that the ordinary officers appointed for preserving the peace are not suffi- case
prehension of cient for the preservation of the peace and for the protection of the inhabitants and the riot, felony, security of the property in any such Parish, Township, Town or place as aforesaid, then and in every such case such Justices or any two or more Justices acting for the same limits are hereby authorized to nominate and appoint, by precept in writing un- Who may be der their hands, so many as they shall think fit of the householders or other persons appointed. (not legally exempt from serving the office of Constable) residing in such Parish, Township, Town or place as aforesaid, or in the neighbourhood thereof, to act as Special Constables for such time and in such manner as to the said Justices respectively shall seem fit and necessary, for the preservation of the public peace and for the protection of the inhabitants and the security of the property in such Parish, Township, Town or place; and the Justices of Peace who shall appoint any Special Constables Such Justices by virtue of this Act, or any one of them, or any other Justice of the Peace acting for mayadminister the same limit, are and is hereby authorized to administer to any person so appointed to the persons the following Oath, that is to say:
so appointed “I, A. B., do swear that I will well and truly serve our Sovereign Lady the Queen Form of the " in the office of Special Constable for the