to designate such persons by one christian or first name, and using initial letters, contractions, or abbreviations for any other christian or first name such persons may have; which practice has, without the least disadvantage, tended to shorten proceedings: And whereas doubts have lately arisen whether such mode of proceeding is regular, and whether it is not necessary to set out the whole christian or first names at length; for removal whereof, Be it declared and enacted, &c.-1. It shall not be necessary in any process, pleading, affidavit, or other proceeding whatsoever, in any Court of Law or Equity in this Province, to designate any of the parties or any other person whose name may be introduced into any such proceeding, by any other than one christian or first name, being a name commonly used by such person himself or herself, or by which he or she may generally have been known or called, and to insert initial letters, or usual contractions, or abbreviations for any other christian or first name, where such person may have more than one; and no process, pleading, affidavit, or other proceeding whatsoever shall be vacated, annulled, set aside, or be demurred to, or otherwise affected, or treated as nugatory, defective, or irregular, by reason of the insertion of initial letters, or other usual contractions or abbreviations of christian or first names, where one christian or first name commonly used by the person, or by which he or she may be generally called or known, is set out at length; provided always, that nothing herein contained shall extend or be construed to apply to the insertion of names in the recital or setting forth of any deed or paper where it is necessary, or it is purported to recite or set out such deed or paper in hæc verba; and provided also, that nothing herein contained shall extend or be construed to limit or control the operation of the thirty eighth Section of an Act passed in the twelfth year of Her Majesty's Reign, intituled An Act to consolidate and amend various Acts of Assembly relating to the further amendment of the Law. 2. No plea in abatement for misnomer for not setting out at length the right christian or first name of any defendant where one such name is set out, and another or others designated by initial letters, contractions, or abbreviations, shall be allowed or filed, unless the same is accompanied by an affidavit of such defendant, that he or she doth not commonly use and is not generally known by that name, but by some other and which of the names designated by initial letters, contractions, or abbreviations, and further, that he or she hath not in the matter in contest in such suit or other transaction with the plaintiff or plaintiffs, described or designated himself or herself by that name; and in case of any plea in abatement being duly filed, with such affidavit, it shall be open to the plaintiff or plaintiffs, by application to the Court in which such proceeding may be had, or any Judge thereof, to have the name in the declaration or writ altered and amended so as to conform to the name set out in such plea in abatement, upon such terms as such Court or Judge may prescribe; and so in case of motion to set aside any proceeding for such misnomer, the Court or Judge shall have the same power to alter and amend the proceeding objected to on that ground on like conditions. 13th VICTORIA-CHAPTER 37. An Act to regulate the proof of certain documents in Actions wherein Foreign Corporations doing business in this Province are parties. Section 1.-What proof of Contract of Foreign Corporation sufficient; exception, Passed 26th April 1850. WHEREAS in and by the sixteenth Section of an Act made and passed in the twelfth year of Her present Majesty's Reign, intituled An Act to consolidate and amend various Acts of Assembly relating to the further amendment of the Law, it is amongst other things enacted-"That in the case of a Foreign "Corporation, or of any body politic or corporate, not being "established or incorporated within this Province, and which may enter into any contract or engagement, or transact any "business therein, by their known accredited agent or officer, "a writ of summons may be served upon such accredited agent "or officer within this Province, and that such service should "be valid :" And whereas in actions against such Foreign Corporation, or body politic or corporate, upon any contract or engagement entered into by the said Foreign Corporation, or body politic or corporate, doing business in this Province, by their agent or other accredited officer as aforesaid, the proof of such contract or engagement is very difficult to be obtained, owing to the necessity of the Seal of such Foreign Corporation, or body politic or corporate, and the signatures of the officers of said Foreign Corporation, or body politic or corporate, being strictly proved in those cases where the existence of such contract or engagement is put in issue: And whereas a total defeat of justice might be occasioned for want of such strict proof as aforesaid; Be it therefore enacted, &c.-1. From and after the passing of this Act, upon any trial of any cause before any Court in this Province, wherein it shall be necessary to prove any contract or engagement entered into by any Foreign Corporation, or body politic or corporate, doing business in this Province, it shall only be necessary for the party or parties, plaintiff or plaintiffs, defendant or defendants, seeking to prove such contract or engagement, or to put the same in evidence before such Court, to prove that such contract or engagement has been duly signed or issued by the accredited agent or officer of such Foreign Corporation, body politic or corporate, in this Province; and upon such proof having been given, the Court before which such trial shall be had shall admit the same in evidence, and the same shall be considered as duly proved without any other or further evidence of the execution thereof by such Foreign Corporation, body politic or corporate, any law, usage, or custom to the contrary notwithstanding; provided always, that nothing in this Act contained shall be construed to extend to any contracts or engagements already entered into and now in force in this Province. 14th VICTORIA-CHAPTER 2. An Act to make further provision for the service of NonBailable Process. Section. 1. Non-bailable process, how served on non-residents. Section. 2. How, on temporary absence. Passed 15th March 1851. WHEREAS in and by the several Acts of Assembly regulating the service of non-bailable process issuing out of the several Courts of Law in this Province, no sufficient provision is made for the case of persons carrying on business therein, who may have a place of business but no place of residence in this Province, or for persons who may have temporarily left the Province for the purpose of avoiding the service of Pro cess; Be it therefore enacted, &c.-1. In all cases where, after the passing of this Act, non-bailable process shall be issued out of the Supreme Court of this Province, or any of the Inferior Courts of Common Pleas, against any person or persons carrying on business in this Province, who may have a place of business but no place of residence therein, the service of such process may be effected by leaving a copy of the same, with the ordinary English notice thereunder written, of the purport and effect of such process, at the place of business of said defendant or defendants, with some agent, or clerk, or adult person in the employment of the defendant or defendants in such business, and known to the person serving the same as being an agent, clerk, or person in the employment of the defendant or defendants in such business. 2. The service of any process issued out of the Supreme Court, or of any Inferior Court of Common Pleas, after the passing of this Act, against any person or persons who may have temporarily left or who may temporarily leave this Province for the purpose of avoiding the service of process, may be made as provided in and by the first Section of this Act, and as provided in and by the several Acts of Assembly making provision in lieu of personal service. 3. Provided always, that no service of any process made by virtue of this Act shall be deemed good service, unless the same shall have been made by the Sheriff of the County to whom the same shall have been directed, or his deputy, nor without an affidavit by the party so serving the same, setting forth the facts, time and place of such service, and if under the second Section of this Act, the reasons for believing that such defendant or defendants had left the Province to avoid service of process, and an order of a Judge of the Court out of which such process issued, thereupon made, ordering such service to be deemed and taken as good service; and provided further, that nothing herein contained shall be construed to repeal any of the Acts of Assembly regulating the service of process or any parts thereof otherwise than as the same may be inconsistent herewith. 14th VICTORIA-CHAPTER 3. An Act relating to the competency of Witnesses in certain cases. Section 1.-When witness not incompetent from liability to rate. Passed 15th March 1851. Be it enacted, &c.-1. No person by reason of being rated, or liable to be rated, or otherwise, for rates and taxes in any City, County, Town, or Parish within this Province, shall be deemed and taken thereby to be an incompetent witness in any case in which the officers of such City, County, Town, or Parish, or any one or more of them, acting for and on behalf of such City, County, Town, or Parish, shall be a party, or where the said City, County, Town, or Parish, may in any manner be affected, nor in any case wherein a pecuniary penalty or any part thereof shall be given to the use of the Poor of such City, County, Town, or Parish, or otherwise for the benefit or exoneration of such City, County, Town, or Parish, or the inhabitants thereof. Section. 14th VICTORIA-CHAPTER 20. An Act in further amendment of the Law. 1. Special demurrer abolished; exception. 2. Amendments, how & by whom allowed. Section. 3. Joint demise of lessors sufficient in Passed 30th April 1851. Be it enacted, &c.-1. No special demurrer in any of the Courts of Common Law in this Province shall in any case hereafter be allowed, any law, usage, or custom to the contrary notwithstanding; provided always, that in all cases of duplicity, informality, or other ground of special demurrer under the present practice of the Supreme Court, in any pleading, the same may be objected to before any Judge of the said Courts, and allowed or refused on such terms as may be deemed just. |