the Sheriff.

amount thereof upon the goods and chattels of the Sheriff in the first levied on first place, and in default of goods and chattels of the Sheriff to satisfy the amount, then to levy the same, or the residue thereof, of the goods and chattels of the other Defendants in such writ, and so in like manner with any writ against the lands and tenements upon a judgment on any such Covenant. 3 W. 4, c. 8, s. 16.

office, to con

10. Notwithstanding the Sheriff of a County may have forfeit- Any Sheriff ed his office and become liable to be removed therefrom, by reason forfeiting his of his not having complied with the provisions of this Act, he shall tinue in office nevertheless continue in his office to all intents and purposes, till successor and the liability of himself and of his sureties shall remain until a new Sheriff has been appointed and sworn in his stead. 3 W. 4, c. 8, s. 22.

appointed.

11. No Sheriff or Deputy Sheriff shall directly or indirectly Sheriffs or Deputies not to keep a shop, or trade, traffic, sell, or expose for sale any goods, shop wares or merchandize either by wholesale or retail, or maintain keepers or purany action for the price of any goods so sold, excepting always sold by them chase goods such as by the duties of his office he is legally commanded or under execuempowered to sell; and no Sheriff, Deputy Sheriff, Bailiff or Constable shall directly or indirectly purchase any goods or chattels by him exposed to sale under any execution. 2 G. 4, c. 1, s. 21,—51 G. 3, c. 6, s. 3.

tion.

12. Every Sheriff shall each day, except Sunday, Christmas Office hours at day, Good Friday and the Birth day of the Sovereign, keep his Sheriff's office. Office open from ten o'clock in the forenoon until four o'clock in the afternoon, and during all that time he, his Deputy, or some Clerk competent to do business for him, shall be present to transact the business of the Office. 16 V. c. 175, s. 14.

13. Every Sheriff shall execute and return before the Judge or Judges assigned to hold the Assizes, or to execute any Commission or to hold any Court of Assize and Nisi Prius, or of Oyer and Terminer and Gaol Delivery in his County, all precepts and writs of Nisi Prius and other Jury process delivered to him or his Deputy, and such Sheriff shall give his attendance upon such Judge or Judges as well for the returning of such "tales de circumstantibus" as may be prayed for the trial of issues, as for the maintenance of good order in Her Majesty's Courts and for the doing and executing of all other things to the office of Sheriff in such case belonging. 2 G. 4, c. 1, s. 31.

Sheriff to return precepts and attend Judges at the Assizes.

Deputy to con

14. In case a Sheriff dies, the Under Sheriff, or Deputy Upon death of Sheriff by him appointed, shall nevertheless continue the office a Sheriff, his of Sheriff, and execute the same, and all things belonging there- tinue to exeunto, in the name of such deceased Sheriff, untii another Sheriff cute office in has been appointed and sworn into office; and the said Under appointment of Sheriff or Deputy Sheriff shall be answerable for the execution successor. of the said office, in all respects, and to all intents and

purposes

his name until

Deputy and

sureties to be

purposes whatsoever, during such interval, as the Sheriff so deceased would by law have been if he had been living; and the security given to the Sheriff so deceased by the said Under Sheriff and his pledges, shall remain, and be a security to the the office in the Queen, Her Heirs and Successors, and to all persons whatsoever, for such Under Sheriff's due performance of his office during such interval. 3 W. 4, c. 8, s. 23.

responsible for execution of

interval.

Sheriffs to

transmit quar to Minister of

terly accounts

Finance.

SHERIFFS TO MAKE RETURN OF FINES LEVIED.

15. Every Sheriff shall, quarterly, and within twenty days after the expiration of each quarterly period, transmit to the Minister of Finance of the Province a just, true and faithful account, to be verified upon oath, of all fines, penalties and forfeitures, which he has been required and commanded to levy and make by any lawful authority, and of the receipt and application of the same, or of the reason why the same have not been received and applied, and each Sheriff shall pay over to the proper Officer or person lawfully entitled to receive the same, the several sums collected by him as aforesaid, within twenty days next after the expiration of the period within Penalty upon which the same has been collected; and every Sheriff neglecting neglect. or refusing to transmit such quarterly account, or to pay over any such sum or sums of money so collected by him within the period hereby prescribed, shall incur and be subject to the like penalty, and may be sued for the same in the same manner as is provided and declared with regard to Justices of the Peace neglecting or refusing to make the returns required by the Act respecting the return of Convictions and Fines by Justices of the Peace, and of fines levied by Sheriffs. 4, 5 V. c. 12, s. 8.

Forms.

16. The following are the forms referred to in the foregoing sections of this Act:

of

A. See s. 1, No. 3.

of

Know all men by these presents, that we, A. B., of the County Esquire, (if about to be appointed Sheriff, or) Sheriff of County of (if already in the office of Sheriff,) C. D., in the County of Esquire, and E. F., of , in the County of Esquire, are held and firmly bound to Our Sovereign Lady the Queen, Her Heirs and Successors, in the several sums following, that is to say: The said A. B., in the sum of four thousand dollars; the said C. D., in the sum of two thousand dollars; and the said E. F., in the sum of two thousand dollars to be paid to Our Sovereign Lady the Queen, Her Heirs and Successors; for which payments to be well and truly made, we bind ourselves severally and respectively, and each of us, his heirs, executors and administrators, firmly by these presents, sealed with our seals, and dated this day of

in the year of our Lord

The

The condition of this obligation is such, that if the above bounden A. B., his executors or administrators, shall well and faithfully account for and pay over to Her Majesty's Receiver-General of this Province, or to such person as may be authorized to receive the same, all such sum and sums of money as he shall receive as Sheriff of the County of (or as such Sheriff, as the case may be,) as aforesaid, for Our said Lady the Queen, Her Heirs or Successors, from the date of this obligation until the

in the year of our Lord

day of then this obligation to be void, otherwise to remain in full force and virtue.

Esquire, and Esquire, (when four

sureties are given, the names of the other two to be inserted in like manner,) do hereby jointly and severally, for ourselves, and for each of our heirs, executors and administrators, covenant and promise, that A. B., as Sheriff of the County of shall well

and duly pay over to the person or persons entitled to the same, all such moneys as he shall receive by virtue of his said office of Sheriff, from the date of this covenant to the expiration of four years thence next ensuing, and that neither he nor his Deputy shall, within that period, wilfully misconduct himself in his said office, to the damage of any person being a party in any legal proceeding; nevertheless, it is hereby declared, that no greater sum shall be recovered under this covenant, against the several parties hereto, than as follows, that is to say:

Against the said A. B., in the whole

Against the said C. D.,...

Against the said E. F.,

...

(If other sureties, add them in like manner.)

$

$

In witness whereof, we have to these presents set our hands.

CAP. XXXIX.

The Judges of the Superior Courts may appoint Commissioners for taking affidadits.

To be of the

same force as

Court.

An Act respecting the appointment of Commissioners to take Affidavits and Bail.

ER Majesty, by and with the advice and consent of the

H Legislative Council and Assembly of Canada, enacts as

follows:

TO TAKE AFFIDAVITS AND AFFIRMATIONS.

1. The Chief Justice and Justices of the Court of Queen's Bench, or any two of them, of whom the Chief Justice shall be one, and the Chief Justice and Justices of the Court of Common Pleas, or any two of them, of whom the Chief Justice thereof shall be one, or in the event of the death or absence from the Province of the Chief Justice of either of said Courts respectively, then the remaining Justices of the Court of which the Chief Justice has died or is absent, may, by one or more commission or commissions under the seal of said Courts respectively, from time to time empower such and so many persons as they think fit and necessary in the several Counties within Upper Canada, or within Lower Canada, to take and receive all and every such affidavits and affirmations (in cases where by law an affirmation is allowed) as any person or persons desire to make in or concerning any cause, matter or thing depending, or in any wise concerning any of the proceedings in the said respective Courts. 2 G. 4, c. 1, s. 39,-12 V. c. 77, ss. 1, 3,2 V. c. 2,-12 V. c. 63, s. 48.

2. The affidavits and affirmations aforesaid shall be of the same force as if taken in open Court, and shall be filed in if taken in open the office of the Court in which the same are taken, and may be read and made use of in the said Court as other affidavits or affirmations taken in such Court, and any person wilfully forswearing himself in any affidavit or making false affirmation before any of the said Commissioners, shall be liable to the same pains and penalties as if such affidavits or affirmations had been made in open Court.

The Judges may also appoint Commissioners for taking bail.

TO TAKE BAIL.

3. The said Chief Justices and Justices of the said Superior Courts respectively, may from time to time in manner aforesaid appoint the same or other persons to be Commissioners in the several Counties in Upper Canada, to take and receive all and every such recognizance or recognizances of Bail as any person or persons may at any time desire to acknowledge or make in any action or suit depending in either of the said Courts, in such manner and form and by such recognizance of Bail as the Justices of the said Courts may take, which recognizance or recognizances

of

of Bail or Bail piece so taken as aforesaid shall be filed in the Office of the Clerk or Deputy Clerk of the Crown in the County in which the same has been taken, together with an affidavit of the due taking of the recognizance by some credible person present at the taking thereof. 2 G. 4, c. 1, s. 40.

ed to.

4. The recognizance so taken and filed shall be of the like Bail so taken effect and subject to exception as to the Bail, in like manner may be exceptand within the same time as if taken in open Court. 2 G. 4, c. 1, s. 40.

take bail.

5. Any Judge of either of said Courts may take the acknow- Any of the ledgment of Bail in any civil suit, which recognizance shall Judges may be filed as aforesaid without oath, and shall be of the like effect as if taken in open Court. 2 G. 4, c. 1, s. 42.

bail in all the

6. Each Commissioner appointed for taking Recognizances Commissionof Bail as aforesaid, may in like manner take the same in ers may take either of the said Superior Courts and in the County Courts. 8 Courts. V. c. 13, s. 20,-12 V. c. 63, s. 48.

7. The Judges and Clerks of the several County Courts The Judges respectively, may take all affidavits and affirmations and all and Clerks of County Courts Recognizances of Bail required to be taken in their respective may take affiCourts. 8 V. c. 13, s. 20,-16 V. c. 177, s. 33.

davits and bail.

Court may

8. Each Commissioner appointed for taking affidavits and The Commisaffirmations in Upper Canada as aforesaid, may take affidavits sioners of one and affirmations in either of the said Superior Courts, whether take affidavits the Court for which he was appointed, or not, and in the in all other Court of Chancery and in all the County and Division Courts. 16 V. c. 119, s. 16,-16 V. c. 177, s. 33,-20 V. c. 56, s. 19.

Courts.

ers of Court of

9. The Commissioners for taking Affidavits in the Court of Including Chancery may administer oaths and take Affidavits in the CommissionCourts of Queen's Bench and Common Pleas, and County Chancery. Courts. 20 V. c. 56, s. 19.-See ante Chap. 12, s. 13.

Officer of all

10. Every Commissioner for taking Affidavits appointed by Each Commiseither of the said Superior Courts of Common Law or by the sioner to be an Court of Chancery, shall be deemed to be an Officer of all the the Courts. said Courts. 20 V. c. 56, s. 19.

may revoke the

11. Any of the last mentioned Courts may revoke the Com- Either of the mission of any such Commissioner, whether the Commission other Courts was issued by such Court, or by one of the other Courts, and Commission of such revocation shall be notified to the other Courts, and shall any Commis operate as a revocation in regard to all the Courts and for all purposes. 20 V. c. 56, s. 19.

sioner.