CAP. LXXVIII. Executors of any person de ceased may maintain ac tions for inju ries done to real estate in tes tator's lifetime. To be brought within six months. Executors and administrators of a lessor may An Act respecting Remedies for and against executors and administrators and respecting the Limitation of certain actions. H ER Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows: RIGHTS AND LIABILITIES OF EXECUTORS, &c. 1. In case of an injury to the real estate of any person committed within six months next prior to his decease, his executors or administrators may maintain an action of trespass or of trespass on the case therefor, according to the nature of the injury if brought within one year after his decease, and the damages when recovered shall be part of his personal estate. 7 W. 4, c. 3, s. 2. 2. In case any deceased person, within six months next previous to his decease, committed a wrong to another person in respect of such other person's real or personal property, the person so wronged may, within six months after the executors or administrators of the person who committed the wrong, have taken upon themselves the administration of his estate and effects, maintain an action therefor of trespass or of trespass on the case according to the nature of the wrong against such executors or administrators, and the damages recovered in such action shall be payable in like order of administration as the simple contract debts of the deceased person. 7 W. 4, c. 3, s. 2. 3. The executors or administrators of any lessor or landlord distrain upon may the lands demised for any term or at will, distrain for rent. for the arrearages of rent due to such lessor or landlord in his lifetime, in like manner as such lessor or landlord might have done if living. 7 W. 4, c. 3, s. 27. Such arrearages of rent may be distrained for within six 4. Such arrearages may be distrained for at any time within six months after the determination of the term or lease, and during the continuance of the possession of the tenant from whom the arrears became due; and the powers and provi determination sions contained in the several Statutes relating to distresses for rent shall be applicable to the distresses so made as aforesaid. 7 W. 4, c. 3, s. 28. months after of the lease. Action of debt 5. An action of debt on simple contract shall be maintainable on simple con- in any Court of common law against any executor or administrator. 7 W. 4; c. 3, s 11. tract maintain able against executors. tives of deceas other joint con 6. In case any one or more joint contractors, obligors or part- Representaners, die, the person interested in the contract, obligation or pro- ed joint conmise, entered into by such joint contractors, obligors or partners, tractors liable may proceed by action against the representatives of the deceased although the contractor, obligor or partner, in the same manner as if the tractor be livcontract, obligation or promise, had been joint and several, ving. and this notwithstanding there may be another person liable under such contract, obligation or promise, still living, and an action pending against such person, but the property and effects of stockholders in chartered Banks or the Members of other Incorporated Companies, shall not be liable to a greater extent than they would have been if this section had not been passed. 1. c. 7, ss 1, 2. Limitation of time for commencement of tions. 7. Actions of debt for rent, upon an indenture of demise, actions of covenant or debt, upon a bond or other specialty,actions of debt, or scire facias upon a recognizance,-actions particular acof debt upon an award where the submission is not by specialty, or for an escape, or for money levied on a fieri facias,— and actions for penalties, damages, or sums of money given to the party aggrieved by any Statute, shall be commenced and sued within the time and limitation hereinafter expressed, and not after, that is to say: The said actions of debt for rent upon an Actions of debt indenture of demise or covenant, or of debt upon a bond or other on demise, &c. specialty, and actions of debt, or scire facias upon a recognizance, within twenty years after the cause of such actions arose; the said actions by the party aggrieved, within two years after the cause of such actions arose, and the said other actions, within six years after the cause of such actions arose; but Other actions. nothing herein contained shall extend to any action given by any Statute, where the time for bringing such action is by the Statute specially limited. 7 W. 4, c. 3, s. 3. bilities. 8. In case any person entitled to any such action, or to such In case of disascire facias, be at the time of any such cause of action accruing, within the age of twenty-one years, feme covert, non compos mentis, or without the limits of Upper Canada, then such person may bring any such action, within such time after coming to or being of full age, discovert, of sound memory, or returned to Upper Canada, as other persons having no such impediment should, according to the provisions of this Act, have done; and if any person against whom any such cause of action accrues, be at such time without the limits of Upper Canada, the person entitled to such cause of action may bring the action within such times as are before limited, after the return of the absent person to Upper Canada. 7 W. 4, c. 3, s. 4. acknowledg 9. In case any acknowledgment by writing signed by the Effect of written principal party or his agent, be made, by any person liable by ment or part virtue of any indenture, specialty or recognizance, or in case any payment. acknowledgment be made by any such person by part payment, or part satisfaction, on account of any principal or interest due on Acknowledg ment may be replied. In case judginent be re versed for error &c., new action may be replied. Guards, &c., about machinery of steam on any such indenture, specialty or recognizance, the person entitled to an action in respect to such liability, may bring his action for the money remaining unpaid and so acknowledged to be due, within twenty years after such acknowledgment by writing, or part payment, or part satisfaction, as aforesaid; or in case the person entitled to such action be at the time of such acknowledginent, under any disability, as aforesaid, or the party making the acknowledgment be, at the time of making the same, without Upper Canada, then within twenty years after such disability has ceased, as aforesaid, or the party has returned, as the case may be; and the plaintiff or plaintiffs in any such action, on any indenture, specialty or recognizance, may, by way of replication, in answer to a plea of this Statute, state such acknowledgment, and that such action has been brought within the time aforesaid. 7 W. 4, c. 3, s. 4. 10. If in any of the actions hereinbefore mentioned, judgment be given for the plaintiff, and the same be reversed for error in a Court of Error or Appeal, or if a verdict passes for the plaintiff, and upon matter alleged in arrest of judgment, the judgment be given against the plaintiff that he take nothing by his writ or action, or if in any of the said actions the defendant being outlawed, reverses the outlawry, the plaintiff, his executors or administrators, as the case requires, may commence a new suit or action, from time to time, within a year after such judgment reversed, or such judgment given against the plaintiff, or the outlawry reversed, and not after. 7 W. 4, c. 3, s. 5. CAP. LXXIX. An Act to prevent Accidents from Machinery. HER Majesty, by and with the advice and consent of the follows: 1. The owners of every steam-boat, steam-car and steam-carto be erected riage, and of every mill or building, in which machinery is used, shall erect good and substantial guards round such machinery boats, mills, so as to prevent passengers and other persons on board of, or &c., to prevent accidents to entering or being in the same, respectively, from coming in conpassengers and tact with the machinery used therein or attached thereto. 1V. c. 18, s. 1. others. Collectors of Customs authorized to examine steamboats, steamcars and steam carriages, and to require the erection of ne cessary guards. 2. The Collector of Customs of every Port in Upper Canada, or his Deputy, shall enter into or upon every steam-boat, steam-car and steam-carriage, arriving at his port or station, and carefully examine whether there are proper guards round the machinery of the same, so as to secure the safety of persons when such machinery is in operation, and if there be not proper guards or if they be not properly and substantially erected, he or his Deputy shall notify the same to the master or person in charge of such steam-boat, steam-car or steam-carriage, and direct him to make such proper guards or to make them in a and substantial manner. 1 V. c. 18, s. 2. proper enter mills, &c., &c. 3. It shall be the duty of every Justice of the Peace in the Justices of the County or City in which he resides and usually acts as a Jus- Peace, &c., to tice of the Peace, to enter into or upon all buildings wherein and to examine, machinery is erected, and to inspect and examine the machinery thereof or attached thereto; and if upon such examination he finds that there are not proper guards erected or that the guards used in and about such machinery are insufficient, such Justice shall notify the same to the owner or occupier of such building, and shall direct the necessary guards to be erected. 1 V. c. 18, s. 3. liver certificate 4. In case upon the inspection of any steam-boat, steam-car or Collector or steam-carriage, or of any building wherein or whereto machinery Justice to deis used or attached, as aforesaid, it appears to the Collector or of sufficiency of Justice respectively inspecting the same, that the guards guards, &c. erected or to be erected in compliance with this Act are sufficiently safe and substantial, such Collector or Justice shall deliver to the person in charge of such steam-boat, steamcarriage or car, and to the proprietor or occupier of such building, as aforesaid, a certificate to that effect; and if such safe Certificate to guards are at all times kept in good and sufficient repair, ao topo afford protecsuch certificate shall for six months from the date thereof, be months. a good and sufficient protection to the masters and owners and occupiers of such steam-boat, steam-carriage or car, and, building, respectively, as aforesaid, against any penalty to be incurred under the provisions of this Act. 1 V. c. 18, s. 5. 5. In case the master, or person in charge of any steam- Penalty in case boat, steam-car or steam-carriage, or the owner or occupier of any of neglect to erect guards by building wherein machinery has been erected, as aforesaid, re- owners or masglects or refuses to comply with the directions of such Collector ters, &c. or Deputy-Collector, or Justice of the Peace, (as the case may be,) and be convicted before one Justice of the Peace, he shall forfeit and pay for every such offence a sum not exceeding four dollars and the costs of conviction; and in default of payment of such sum and costs the offender shall, by a warrant under the hand and seal of such Justice, be sent to the Common Gaol of the County or City within which the offence was committed, for any period not exceeding thirty days. 1 V. c. 18, s. 4. TITLE 11. REAL ESTATE. Commissioners for the purposes of this Act. CAP. LXXX. An Act respecting claims to Lands in Upper Canada for which no Patents have issued. ER Majesty, by and with the advice and consent of the follows: HEIR, DEVISEE AND ASSIGNEE COMMISSION. 1. The present Heir, Devisee and Assignee Commission to be appointed and the Commissioners appointed thereby shall continue subject to the provisions of this Act, and the Governor may, from time to time, issue Commissions under the Great Seal, to the Chief Justice of Her Majesty's Court of Queen's Bench for Upper Canada, the Chancellor of Upper Canada, the Chief Justice of the Court of Common Pleas, the Puisné Justices of the said Court of Queen's Bench and Common Pleas, and the Vice-Chancellors, and to such and so many other persons as he may think fit. 8 V. c. 8 s. 2,---14, 15 V. c. 12. Quorum fixed. SITTINGS. 2. Any three of such Commissioners, the said Chief Justice of the Court of Queen's Bench, the Chancellor for Upper Canada, the Chief Justice of the said Court of Common Pleas, or one of the said Puisné Justices of the said Court of Queen's X Bench or Common Pleas, or one of the said Vice-Chancellors, being one, shall be a quorum, and whenever such Commissioners are empowered or directed to do or perform any act, such act may be done or performed by a Quorum of such Commissioners. 14, 15 V. c. 12. Acts of single 3. Any Act herein authorized or directed to be performed Commissioner, by one Commissioner may be so performed either in or out of how performed. the period appointed for the sittings of the Commissioners. 8 V. c. 8, s. 2. Sittings when and where to be holden. 4. The sittings of the said Commissioners shall be holden at the City of Toronto, on the first Monday in January and the first Monday in July in each year, and on the thirteen days next ensuing the said days respectively, Sundays and Holidays excepted. 8 V. c. 8, s. 2. |