the said A. B., (the Claimant,) do recover possession of the land in the said Writ mentioned, except the said part, with the appurtenances, and that he have execution thereof forthwith; and as to the rest, let a Jury come, &c.

Victoria, &c, (Copy the Writ,) and C. D. has on the day of

, appeared by

,

his Attorney, (or in person,) to the said Writ, and defended for the whole of the land therein mentioned; Therefore, let a Jury come, &c.

No. 5.-(Vide Section 21.)

Afterwards on the

day of

, A. D.,

before Justice of our Lady the Queen, assigned to take the assizes in and for the within County, came the parties within mentioned, and a Jury of the said County being sworn to try the matters in question between the said parties, upon their oath, say that A. B. (the Claimant,) within mentioned, on was and still is entitled to the possession of the land within mentioned, as in the Writ alleged; Therefore, &c.

the

day of

A. D.,

No. 6.-(Vide Section 42.)

In the Q. B., (or C. P.)

On the

and

County of

to wit:

On the day and year above written, a Writ of our Lady the Queen issued out of this Court in these words, that is to say:

Victoria, &c., (Copy the Writ,) and C. D. has on the

day of

, appeared by

his Attorney, (or in person,) to the said Writ, and A. B. has discontinued the

action; Therefore, it is considered that the said C. D. be acquitted, and that he recover against the said A. B., $ (or £

costs of defence.

No. 7.-(Vide Section 44.)

In the Q. B., (or C. P.)

) for his

to wit:

County of

On the day and year above written, a Writ of our Lady the Queen issued out of this Court, in these words, that is to say:

appeared by

Victoria, &c., (copy the Writ,) and C. D. has on the day of his Attorney, (or in person,) to the said Writ, and A. B., has failed to proceed to trial, although duly required so to do; Therefore it is considered that the said C. D. be acquitted, and that he do recover against the said A. B. $ (or £ ) for his costs of defence.

No. 8.-(Vide Section 45.)

In the Q. B., (or C.

The

and

County of

to wit:

P.)

}

On the day and year above written, a Writ of our Lady the Queen issued out of this Court in these words, that is to say:

Victoria, &c., (copy the Writ,) and C. D., has on the day of his Attorney, (or in person,) to the said Writ, and the said C. D. has confessed the said action (or has confessed the said action as to part of the said land, that is to say: (state the part); Therefore, it is considered that the said A. B. do recover possession of the land in the said Writ mentioned, (or of the said part of the said land,) with the appurtenances, and $ ( or £ ) for costs.

County of On the day and year above written, a Writ
wit:'
of our Lady the Queen issued out of this Court,
with a notice thereunder written, the tenor of which Writ and
notice follows in these words, that is to say:

(Copy the Writ and notice, which latter may be as follows :)

Take notice that you will be required, if ordered by the Court or a Judge, to give bail by yourself and two sufficient sureties, conditioned to pay the costs and damages which shall be recovered in the action.

And C. D. has appeared by his Attorney, (or in person,) to the said Writ, and has been ordered to give bail pursuant to the Statute, and has failed so to do; Therefore, it is considered that the said (landlord's name) do recover possession of the land in the said Writ mentioned, with the appurtenances, together with $ (or £ ,) for costs of suit.

CAP. XXVIII.

issignment of de

1861

An Act respecting the Procedure in Actions of Dower. Cak 40-1

ER Majesty, by and with the advice and consent of the
Legislative Council and Assembly of Canada, enacts as

follows:

ACTION OF.

1. The action of dower at law shall be commenced by Action ofdower filing a declaration or plaint (in the form heretofore used) in the commenced by office of one of the Clerks of the Crown and Pleas, or of the Deputy Clerk of the Crown and Pleas, in the County where the action is brought. 13, 14 V. c. 58, s. 1.

VENUE.

declaration

2. An action of dower shall be brought in the County or Venue. United Counties wherein the lands or tenements of which dower is sought to be recovered are situate, and the declaration may be served on the tenant of the freehold in any part of Upper Canada.

проп

SERVICE.

3. A copy of such declaration and of the notice herein- Time and man
after prescribed may be served by any literate person personally, declaration and
ner of serving
within one year from the filing thereof on the tenant of the notice.
freehold, if within the jurisdiction of the Court, and if not, then
upon the tenant of the land of which dower is demanded, and
if such tenant do not plead agreeably to the notice, the de-
mandant therein, upon affidavit of the due service of such de-
claration and notice being filed, may proceed thereon as in
personal actions. 13, 14 V. c. 58, s. 2.

Form of notice

4. The notice referred to in the last section may be in the following form:

In the Queen's Bench, (or Common Pleas,)

A. B., who was (or is, as the case may be,) the widow of C. D., deceased, demandant, and E. F., tenant.

Take notice that a declaration, of which the annexed is a true copy, was this day filed in the Office of the Clerk of the Crown and Pleas (or Deputy, as the case may be,) at

, (or United Counties of

, in the County of as the case may be,) and unless you plead thereto within twenty days from the service hereof, judgment will be signed against you by default, and subsequent proceedings and execution thereof follow thereon, according to law.

Proceedings if possession

vacant.

What to be proved if defendant does not appear.

When costs

. If the land of which dower is demanded be vacant, and the tenant of the freehold cannot be personally served with a declaration as hereinbefore provided, then service may be made as in actions of Ejectment; but such service when not personal upon the tenant, must be allowed by the Court or a Judge thereof, and after filing the declaration and the affidavit of such service, and the order or rule of allowance thereof, the demandant may, after the time for pleading has expired, proceed thereon as if personal service had been effected. 13, 14 V. c. 58, s. 3.

6. When the tenant of the land has not been personally served with the declaration, and the demandant proceeds to the trial of the right of dower in the land, the demandant, before the entry of any verdict in favor of such right, shall prove the marriage, seisin, and death of the husband, in the same manner as if the tenant had pleaded, traversing such marriage, seisin, and death. 13, 14 V. c. 58, s. 4.

COSTS.

7. In case it appears on the trial that a demand in writing shall be allow had been made of the dower claimed from the tenant one month before action brought, and that the action was brought

ed.

within a year from such demand, costs shall be allowed to the demandant, whether damages be recoverable or not, in the same manner as costs are allowed to a Plaintiff or Defendant in personal actions; but if it appears on the trial, that the tenant offered to assign the dower demanded before action brought, the demandant shall not recover costs. 13, 14 V. c. 58, s. 5.

TENANT TO NOTIFY LANDLORD.

notice to land

8. In case a declaration or plaint in dower be delivered to Tenant in posany tenant not being the tenant of the freehold, such tenant shall session to give forthwith give notice thereof to his landlord, or to the servant, lord. attorney, agent, bailiff or receiver of his landlord, under the penalty of forfeiting to the person of whom he holds, three years improved or rack-rent of the premises so demised, holden, or in the possession of such tenant, to be recovered by action of debt in any Court of Record in Upper Canada. 13, 14 V. e. 58, s. 6.

OCCUPANT NOT BEING TERRE TENANT.

9. A recovery had against a mere occupier of the land, and Effect of a rewithout notice to the terre tenant, shall have no greater effect than covery against a recovery in Ejectment for the quantity of land assigned as pant not being dower in such recovery would have had. 13, 14 V. c. 58, s. 6. terre tenant.

CAP. XXIX.

An Act relating to Replevin.

a mere occu

Amended by Cab 45 1860

ER Majesty, by and with the advice and consent of the
Legislative Council and Assembly of Canada, enacts as

follows:

WHEN GOODS REPLEVIABLE.

vied.

1. Whenever any goods, chattels, deeds, bonds, debentures, pro- When goods missory notes, bills of exchange, books of account, papers, writ- may be repleings, valuable securities or other personal property or effects have been wrongfully distrained under circumstances in which by the Law of England Replevin might be made, the person complaining of such distress as unlawful may obtain a Writ of Replevin in the manner prescribed by this Act; or in case any such goods, chattels, property or effects have been otherwise wrongfully taken or detained, the owner or other person, or Corporation capable at the time this Act takes effect of maintaining an action of trespass or trover for personal property, may bring an action of Replevin for the recovery thereof, and for the recovery of the damages sustained by reason of such unlawful caption and detention, or of such unlawful detention, in like manner as actions are brought and maintained by persons complaining of unlawful distresses. 4 W. 4, c. 7, s. 1,14, 15 V. c. 64, s. 1.

GOODS