C. D., the avowant (or person making cognizance) in this cause assigned over this Replevin Bond unto the said C. D., pursuant to the Statute in such case made and provided.

In witness whereof I have hereunto set my hand and seal of office, this one thousand eight hundred

and

day of

County or

FORM C. (See s. 20.)

United Counties of Victoria, by the Grace of God, &c.

, to wit:

To the Sheriff of

Greeting:

Whereas we lately commanded you, that without delay you should cause to be replevied to A. B. his goods, chattels and personal property, to wit, &c, (setting out the description of the property,) which C. D. had taken and unjustly detained, (or unjustly detained) as it was said, according to our writ to you afore directed, and that you should make appear to us in our Court of at Toronto, (or day of

County Court, as the case may be,) on the what you had done in the premises; and you at that day returned to us that the goods, chattels and personal property aforesaid, were eloigned by the said C. D. out of your County to places to you unknown, so that you could in no wise replevy the same to the said A. B.

day of

Therefore, we coinmand you, that you take in Withernam the goods, chattels and personal property of the said C. D in your County, to the value of the goods, chattels and personal property by him the said C. D. before taken, and deliver them to the said A. B, to be kept by him until the said C. D. deliver the goods, chattels and personal property last aforesaid to the said A. B.; and in what manner you shall have executed this our writ make appear to us, on the term, in our Court , (or County Court, as the case may be,) that we may cause to be further done thereupon what of right and according to the laws of Upper Canada we shall see meet to be done. We also command you, that if the said A. B. shall make you secure of prosecuting his claims, and of returning the goods, chattels and personal property to be by you taken in Withernam as aforesaid, if a return thereof shall be adjudged, then that you put by gages and safe pledges

of

the

the said C. D. that he be before us, at the time last aforesaid, to answer to the said A. B. of the taking and unjustly detaining of his goods, chattels and personal property aforesaid, and have then there this writ.

Witness

Acremand by Cale 14_18634 Cup 19-65

H

CAP. XXX.

An Act respecting Interpleading.

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

follows:

When a party

may apply for
an Interpleader
Order.

Proceedings on
the rule or
order.

The Court or

Judge may by
consent of par-
ties finally dis-

pose of the
matter.

INTERPLEADER-SUMMONS.

1. In case after declaration and before plea, any Defendant sued in either of the Superior Courts of Common Law or in any County Court, in any Action of Assumpsit, Debt, Detinue or Trover, applies to such Court and shows by affidavit or otherwise that he does not claim any interest in the subject matter of the suit, but that the right thereto is claimed or supposed to belong to some third party who has sued or is expected to sue for the same, and that such Defendant does not in any manner collude with such third party, but is ready to bring into Court or to pay or dispose of the subject matter of the action, in such manner as the Court (or a Judge having jurisdiction in the case,) may order, the Court or Judge may make a Rule or Order calling upon such third party to appear, and state the nature and particulars of his claim, and to maintain or relinquish the same. 7 V. c. 30, s. 1,-9 V. c. 56, s. 4,-20 V. c. 57, s. 27.

PROCEDURE.

2. The Court or Judge may, upon such Rule or Order, hear the allegations as well of such third party as of the Plaintiff, and in the meantime stay the proceedings in the action, and may finally order such third party to make himself Defendant in the same or in some other action, or to proceed to trial on one or more feigned issue or issues, and also direct which of the parties shall be Plaintiff or Defendant on such trial. 7 V. c. 30, s. 1.

3. The Court or Judge may, with the consent of the Plaintiff and such third party, their Counsel or Attorney, dispose of the merits of their claims, and determine the same in a summary manner, and make such other rules and orders therein as to costs and all other matters, as appear just and reasonable. 7 V. c. 30, s. 1.

4. Any such order made by a single Judge not sitting in The Court may open Court may be rescinded or altered by the Court in like review the order of a Judge manner as other orders made by a single Judge. 7 V. c. 30, in Chambers.

s. 4.

sive.

5. The Judgment in any such action or issue so directed by The Judgment the Court or Judge, and the decision of the Court or Judge in to be conclu a summary manner, shall be final and conclusive upon the parties, and all persons claiming by, from, or under them. 7 V. c. 30, s. 2,--20 V. c. 57, s. 27.

all

or to obey order

his claim, and

6. In case such third party being duly served with the Rule or If the third parOrder does not appear to maintain or relinquish his claim, or ty jail to appear neglects or refuses to comply with any rule or order made after of the Court, he appearance, the Court or Judge may declare him, and may be barred persons claiming by, from, or under him, for ever barred from the Court may prosecuting his claim against the original Defendant, his make order be-Executors or Administrators, saving the right or claim of such plaintiff and third party against the Plaintiff; and may make such order defendant. between the Defendant and the Plaintiff as to costs and other

matters as appears just and reasonable. 7 V. c. 30, s. 3.

tween the

refer the matter

to full Court.

7. In case of any such application to a Judge, he may, at The Judge in any stage of the proceedings, refer the matter to the Court, Chambers may in which event the Court shall hear and dispose thereof in the same manner as if the proceeding had been originally commenced by rule of Court, instead of the order of a Judge. 9 V. c. 56, s. 5.

are made to

execution, the

the Sheriff,

mons and

8. In case any claim be made to any goods or chattels taken Where claims or intended to be taken under an attachment against an goods or chatabsconding debtor, or in execution under any process issued by tels taken in or under the authority of any of the said Courts, or to the pro- Court may, at ceeds or value thereof, by any person not being the person the instance of against whom such attachment or execution issued, then upon grant interapplication of the Sheriff (or other officer) to whom the writ is pleading Sumdirected, made to the Court from which such process issued, or Order. to any Judge having jurisdiction in the case, and either before or after the return of such process, or before or after any action has been brought against such Sheriff or other Officer, such Court or Judge may, by rule or order, call before such Court or Judge as well the party who issued such attachment or execution as the party making such claim, and may thereupon exercise for the adjustment of such claim, and the relief and protection of the Sheriff or other Officer, all or any of the powers and authorities hereinbefore contained, and may make such rules or orders as appear just according to the circumstances of the case. 7 V. c. 30, s. 6,-20 V. c. 57, s. 27.

cah 19/65

9. The costs of all such proceedings shall be in the discre- Costs discre-

tion of the Court or Judge. 7 V. c. 30, s. 6.

tionary.

When an issue

is ordered, the Sheriff may tax his costs and

serve allocatur

on each party, &c.

The successful

the Sheriff for

10. In case of an issue being directed to be tried for the determination of the adverse claim in respect of property seized or taken under a Writ of Attachment or of Execution, the Sheriff (or other Officer) to whom such writ is directed, may tax the costs incurred by him in consequence of such adverse claim, and may, when taxed, serve a copy of the allocatur of the same upon each of the parties to such issue, and the successful party upon the issue shall tax such costs among his costs of the cause, and upon receipt thereof, shall pay over the same to such Sheriff or other Officer. 9 V. c. 56, s. 5.

11. If after the service of such allocatur, the party succeedparty liable to ing upon the issue neglects or refuses to tax such costs, the Sheriff or other Officer may obtain a Rule upon the successful party for payment of the same. 9 V. c. 56, s. 5.

such costs.

If case compromised, the plaintiff to be fiable to the Sheriff for his costs.

If goods seized

remain in the Sheriff's cus

12. In case of any such proceeding being compromised bet ween the parties thereto, such costs of the Sheriff or other Officer shall be paid by the party, Plaintiff or Defendant, by whom the execution or attachment was sued out. 9 V. c. 56, s. 5.

13. In case after the seizure of any property under attachment or in execution, an issue be directed, and the property tody, the Court seized remains pending the trial of the issue, in the custody may award re- of the Sheriff or other Officer who seized the same, the Court

muneration.

All proceedings may be entered of record, &c.

ecution to issue.

from which the writ issued, or any Judge thereof in vacation, may make an Order for the payment to the Sheriff or other Officer, of such sum for his trouble in and about the custody of the property, as the Court or Judge deems reasonable, and such Sheriff or other Officer shall have a lien upon the property for payment of the same. 9 V. c. 56, s. 6,-20 V. c. 57, s. 27.

14. All rules, orders, matters and decisions made or done in pursuance of this Act, except only the affidavits to be filed, may, together with the declaration in the cause (if any) be entered of record, with a note in the margin expressing the true date of such entry; and every such rule or order so entered shall have the force and effect of a Judgment, except only as to becoming a charge on lands, tenements or hereditaments. 7 V. c. 30, s. 7.

If costs not paid 15. In case the costs adjudged be not paid within fifteen on demand, ex- days after notice of the taxation and amount thereof given to the party ordered to pay the same or to his Agent or Attorney, execution may issue therefor by Writ of Fieri Facias tested and bearing date in like manner as other Writs of Fieri Facias, and adapted to the case, together with the costs of the entry aforesaid and of the execution. 7 V. c. 30, s. 7.

The Sheriff's

16. The Sheriff or other Officer executing any such writ fees: the same shall be entitled to the same fees and no more, as upon

similar

similar writs grounded upon a judgment of the Court. 7 V. as in other c. 30, s. 7.

17. So far as applicable the Provisions of the Common Law Procedure Act shall apply to this Act. 20 V. c. 57, s. 31.

H

CAP. XXXI.

An Act respecting Jurors and Juries.

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

follows:

INTERPRETATION.

cases.

meaned by

Cell 44 2

6583

1. The word "County," whenever it occurs in this Act, Interpretation shall include and apply to "Unions of Counties" for Judicial clause. purposes, and the word "Township" shall include and apply to "Unions of Townships." The whole of this Act taken from the 22 V. c. 100. (1858.)

ISSUES OF FACT TO BE TRIED BY JURY.

2. All issues of fact now or hereafter joined in any action, Issues of fact to real, personal or mixed, brought in any of Her Majesty's be tried by a Courts of Justice within Upper Canada, and the assessment or otherwise proJury, unless inquiry of damages in any such action the trial or assessment vided. of which is not otherwise provided for, shall be tried and determined or assessed and inquired of by the unanimous verdict of twelve Jurors, duly sworn for the trial of such issue or issues, or for the assessment or inquiry of such damages; and the said Jurors may bring in a special verdict upon the trial of any such issue.

QUALIFICATIONS, EXEMPTIONS AND DISQUALIFICATIONS OF

JURORS.

qualified as a

3. Unless exempted, every person residing in any County, Who shall be City, or other local judicial division in Upper Canada, who is Juror. over the age of twenty-one years, and in the possession of his natural faculties and not infirm or decrepit, and who is assessed for local purposes upon property, real or personal, belonging to him in his own right or in that of his wife, to the amount hereinafter mentioned, shall be qualified and liable to serve as a Juror both on Grand and Petit Juries in Her Majesty's Superior Courts of Common Law at Toronto having General Criminal or Civil Jurisdiction throughout Upper Canada, and in all Courts of Civil or Criminal Jurisdiction within the County, City, or other local judicial division of the County in which he resides.