Defendant may offer to give up the pre mises, &c. office, have the right to sue out a Writ of Execution, and to levy the same with the XV. And be it enacted, That in all cases when the party in possession or in the occupation of lands shall, after service of a Summons under this Act, abandon or give up possession of the premises mentioned in such Summons, and forthwith notify the Plaintiff or his Attorney thereof, and that the Plaintiff may enter thereon, the Plaintiff shall cause statement of the costs incurred to be rendered to such party, and on payment of such costs the suit shall be discontinued, unless the Plaintiff shall proceed in the same for the purpose of recovering damages for the rents, issues, profits or occupation of the premises, or for injury, waste or spoil done or committed thereon by such party or parties, or others under him or them during the possession of the premises by such party or parties; and if the Plaintiff or Plaintiffs shall proceed in such action, and a verdict shall be given for the Defendant, or shall not be given for the Plaintiff or Plaintiffs for a greater amount than Five Pounds, the Plaintiff or Plaintiffs shall pay all costs in the suit to the Defendant, who shall be at liberty to levy any amount of such costs exceeding the said sum for which such verdict shall be given. If defendant gives up the lands, and pays costs, &c. XVI. And be it enacted, That the Act passed in the Session held in the thirteenth 13 & 14 Vict. c. 57 and fourteenth years of Her Majesty's Reign, and intituled, An Act to alter and amend repealed. the practice and proceedings in actions of Ejectment in Upper Canada, be, and the same is hereby repealed. XVII. And be it enacted, That the provisions of this Act shall not in any wise affect any proceeding taken in any action of Ejectment before this Act becomes a Law; and that this Act shall come in force from and after the first day of January next, and not before, and shall not apply to any suit or action commenced before that day. SCHEDULE A. FORM OF JUDGMENT WHERE NO APPEARANCE TO WHOLE OF PROPERTY CLAIMED. day of (day when judgment entered). (After setting forth the Writ, proceed.) And the said A. B. did not appear as directed by the said Writ, but made default. Therefore, it is considered that the said C. D. do recover his possession of the said property in the said Writ mentioned. (And in cases where the appearance is only for part of the property), [except (setting out the part for which no appearance for his costs and charges expended has been entered)]. And also the sum of £ about his suit, and a Writ to recover such possession and costs is granted accordingly. Pending cases saved. SCHEDULE Preamble SCHEDULE B. FORM OF PLEA. And the Defendant says that the Plaintiff is not entitled to the possession of the said property, for which the Defendant has appeared. CAP. CXV. An Act to enable Married Women resident in Foreign Countries, to convey Real WHE [30th August, 1851. ] HEREAS no provision has been made by Law to enable Married Women resident out of the Province of Canada, and who are residents of States or Countries not owning allegiance to the Crown of Great Britain, or who may be temporarily absent from the said Province of Canada, and for the time being residents of such States or Countries as aforesaid, to convey any real estate being within the said Province, and of which such Married Women may be seized, possessed of or otherwise entitled to: And whereas it often happens that such Married Women so resident as aforesaid, or absent from the said Province, are willing and desirous to convey and dispose of such their real estate and all their interest and estate therein to purchasers and others desirous of obtaining the title thereto, and it is right that such Married Women should be enabled to convey such their real estate without its being required that such Married Women or Husbands should come into this Province for the purpose of enabling them to make a valid conveyance of such their real estate, their estate and interest therein: 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 to re-unite the Provinces of Upper and Lower Canada, and for the Government of Canada, and it is hereby enacted by Married Women re- the authority of the same, That from and after the passing of this Act, it shall and may be lawful for any Married Woman being above the age of twenty-one years, resident State may convey estate in U. C out of this Province, and being a resident of any State or Country not owning allegiance to the Crown of Great Britain, or being temporarily absent from this Province, and for the time being a resident of such State or Country as aforesaid, and being seized, possessed of or otherwise entitled to real estate within this Province, to alien and convey such real estate or any interest therein she may be entitled to by Deed, to be executed in such State or Country as aforesaid, by her jointly with her husband, to such use and uses as to her and her husband shall seem meet: Provided always the Governor, British nevertheless, that such Deed shall not be valid or have any effect, unless such Married sident in a foreign Proviso: Deed to be executed before Consul, &c. Who shall examine her. Proviso. Such Governor, Con Woman shall execute the same in the presence of the Governor, or other Chief Executive Officer of such State or Country aforesaid, or in the presence of the British Consul resident in such State or Country, if there be a British Consul there resident, or in the presence of a Judge of a Court of Record of such State or Country, nor unless such Married Woman be examined by the said Governor, or other Chief Executive Officer, or such British Consul, or Judge of Court of Record, touching her consent to alien and depart with such real estate, and shall freely and voluntarily, and without coercion, give her consent before such Governor, or other Chief Executive Officer, or such British Consul or Judge as aforesaid, to alien and depart with such estate : Provided always, that it shall not in any case be necessary for any such Governor, or other Chief Executive Officer, British Consul or Judge, to attest the execution of any such Deed as a subscribing Witness. II. And be it enacted, That in case it shall appear to such Governor, or other Chief sul, &c., to give a cer- Executive Officer, British Consul or Judge, that such Married Woman doth freely and voluntarily consent to depart with, alien and convey her said real estate, or any interest tificate. she Particulars to be she may be entitled to therein, without coercion on the part of her husband or any other person, it shall and may be lawful for such Governor, or other Chief Executive Officer, British Consul or Judge, to cause a Certificate thereof to be endorsed on the Deed so executed by her and her said husband as aforesaid, which Certificate shall state stated therein. the day on which such examination is taken, and shall be signed by such Governor, or other Chief Executive Officer, and shall be also under the Seal of the State or Country of which such Governor or other Chief Executive Officer shall be the Governor or Chief Executive Officer as aforesaid, in cases where the said Certificate is made by such Governor or Chief Executive Officer, or signed by the said British Consul, or Judge of a Court of Record, and under the Seal of such Court, and which Certificate shall be in form or to the effect following, viz: wife of day of , one of the grantors therein named ; and that the said wife of the said And such Certificate shall be deemed and taken to be prima facie evidence of the facts contained therein. 6 Its effect. Part of sec. 1 of Act of U. C. Will. 4, c. U, 1 2. repealed, III. And be it enacted, That the first section of an Act of the Parliament of the Province of Upper Canada, passed in the first year of the Reign of His late Majesty King William the Fourth, and intituled, An Act to enable Married Women more conveniently to alien and convey their Real Estate, and to repeal an Act passed in the forty-third year of the Reign of King George the Third, intituled, An Act to enable Married Women, having Real Estate, more conveniently to alienate and convey the same,' be, and the same is hereby amended, by expunging from the proviso of the said section the following paragraph, viz: "Or in the presence of a Judge in the District "Court, or of a Judge of the Surrogate Court of the District in which such Married "Woman shall reside, or of two Justices of the Peace for such District," and inserting Other provisions subsin the place thereof and substituting therefor the following paragraph, viz: "Or in "the presence of the Judge of the County Court, or Judge of the Surrogate Court, or "two Justices of the Peace of the County where such Married Woman shall reside, or "happen to be when the said Deed is executed by such Married Woman.” tituted. IV. And be it enacted, That this Act shall apply to Real Estate in Upper Canada Extent of Act. only. CAP. CXVI. An Act to extend the provisions of the Insolvent Debtors' Act, and to afford relief to a certain description of persons therein named. WH [ 30th August, 1851. ] HEREAS there are many instances of Traders who did, while the Bankrupt Act was in force in this Province, at the request of a number of their Creditors, expressed by their coming in under the Assignments hereinafter mentioned, execute Assignments of all their property for the benefit of their Creditors, or of such as might choose to come into such Assignments, for the purpose of avoiding the expense and delay attending proceedings in Bankruptcy, thereby, at such especial instance of the said Creditors, foregoing the advantage of the said Bankrupt Act; and in some instances it has happened that, notwithstanding such complete yielding up of all the property of such Traders, some of their Creditors have afterwards declined becoming parties to such Assignments, without fraud, or gross or culpable negligence on the part of such Traders; and whereas such parties are precluded from availing themselves of the benefit of the Act of the eighth Victoria, chapter forty-eight, for the camble. relief of Insolvent Debtors: 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 to 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 all such Traders coming within the description above, Preamble, to have the in the preamble to this Act set forth, shall be entitled to avail themselves of the benefit of the Act of this Province, passed in the eighth year of the reign of Her Majesty Queen Victoria, and intituled, An Act for the relief of Insolvent Debtors in Upper Canada, and for other purposes therein mentioned, on their taking the steps and proceedings therein set forth for obtaining their discharge. Such traders as are mentioned in the benefit of the Act 8 Vict. c. 48. Effect of the Final Order in such cases. Vict. c. 10. Extent of Act. II. And be it enacted, That, as to such persons, the Order called the Final Order, in the said last mentioned Act, shall, in addition to its effect as mentioned in the fourth section of the said Act, operate as a discharge of all debts due up to the date of the said Assignment, in each case respectively, as fully and completely, and to the same extent, as if such Trader had obtained a Certificate under the fifty-ninth section of the Act relating to Bankrupts, passed in the seventh year of the reign of Her Majesty, and intituled, An Act to repeal an Ordinance of Lower Canada, intituled, 'An Ordinance concerning Bankrupts, and the Administration and Distribution of their Estate and Effects', and to make provision for the same object throughout the Province of Canada. III. Provided always, and be it enacted, That this Act shall be construed to apply, and be in force only in that part of this Province formerly Upper Canada, CAP. CXVII. Preamble. Certain expenses of administration of Jus tice in Recorders' Courts to be paid out of Provincial Funds, An Act to authorize the Payment of certain Expenses of the Administration of Justice in the Recorders' Courts in Upper Canada, out of the Consolidated Revenue Fund of this Province. W [ 30th August, 1851. ] HEREAS it is expedient that the Expenses of the Administration of Justice in Criminal Cases in the Recorders' Courts in Upper Canada, should be defrayed by the Province to the same extent to which such expenses were so defrayed when incurred in the Courts for which such Recorders' Courts are substituted: 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 to 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 the Expenses of the Administration of Justice in Criminal Cases in the Recorders' Courts established or to be established in the several Cities of Upper Canada, under the provisions of the Act passed in the twelfth year of Her Majesty's reign, and intituled, An Act to provide, by one general law, for the erection of Municipal Corporations, and the establishment of Regulations of Police, in and for the several Counties, Cities, Towns, Townships and Villages, in Upper Canada, or of any Act amending the same, to be incurred after the first day of January next, shall be defrayed out of the Consolidated Revenue Fund of this Province, in like manner and to the like extent as the Expenses attending the Administration of Justice in Criminal Cases in the several Courts of Quarter Sessions in Upper Canada. САР, CAP. CXVIII. An Act to authorize and require the several Deputy Clerks of the Crown to perform the duties of Clerks of Assize in their respective Counties in Upper Canada, except as therein mentioned. [ 30th August, 1851. ] 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 Provinces of Upper and Lower Canada, and for the Government of Canada, and it is hereby enacted by the authority of the same, That from and after the passing of this Act, the Deputy Clerks of the Crown in the several Counties or Unions of Counties in Upper Canada, shall ex officio be and act as Clerks of Assize and Marshals at the Courts of Assize and Nisi Prius, Oyer and Terminer and General Gaol Delivery, to be holden in their respective Counties or Unions of Counties, and shall have all the powers and perform all the functions incident to the same, as such Clerks of Assize and Marshals, and it shall be the duty of the said Deputy Clerks of the Crown, respectively, immediately after each sitting of such Courts to forward to the Clerk of the Crown and Pleas at Toronto, every Recognizance, Indictment, Paper or Proceeding in any criminal matter in their custody as such Officers respectively, and to the Clerk of the Judges' Chambers at Toronto, every Record, Exhibit and Proceeding which shall be required by either party or his or her Attorney or Agent, for the purpose of moving for new trial or otherwise, upon receiving notice to that effect, together with the usual and proper Returns as such Clerks of Assize and Marshals, by post; and it shall be the duty of such Clerk of the Judges' Chambers to deliver to the Clerk of the particular Court in which the cause is pending, every Record or other Paper in his custody, when required, for the purpose of motions for new trials or otherwise Provided always, that the notice to be given, shall in all cases be served on the Deputy Clerk of the Crown, in time for the Record or Proceeding required to be sent, to reach Toronto by regular course of mail, on or before the last day for moving against the verdict or non suit. II. And be it enacted, That the said Deputy Clerks of the Crown shall, after the time for the moving for new trials has expired, deliver to the Attorney of the party entitled to the Postea, any Record in their custody upon getting a receipt for the same, but that they shall not deliver to any party any Exhibit filed without a Judge's order to that effect. III. And be it enacted, That the sum of Five Shillings shall be hereafter paid to the said Deputy Clerks of the Crown, as the fee upon each Record entered, which sum, and no more, shall be paid, whether the cause be tried or not, and that the said fees shall be by them accounted for, paid over and applied under the provisions of the Act passed in the ninth year of Her Majesty's Reign, and intituled, An Act to provide for the accommodation of the Courts of Superior Jurisdiction in Upper Canada, as part of the fund thereby created: Provided always, that the said Deputy Clerks shall respectively be allowed to retain out of such fees a sum equal to One Pound for each day's attendance as such Clerks of Assize. IV. And be it enacted, That after verdict or non suit, the Attorney of the party entitled to the Postea in the cause shall prepare the same. V. And be it enacted, That no charge whatever shall be made by the said Clerks of Assize or Marshals upon any criminal trial or proceeding in any Court, at which they may act as such Clerks of Assize and Marshals respectively. No charge to be made by the said Clerks, in certain cases. Postage to be paid by VI. And be it enacted, That the party requiring any Record, Exhibit or other Paper to be sent to the Clerk of the Judges' Chambers shall, with the notice, pay the postages party. incident to the transmission of the Record, Exhibit or Paper required by him. |