according to law and the practice of the said Court: Provided always, that the party contesting shall not be liable to any costs of suit if he make payment of the said amount before notice given to him of such petition, nor in any case to the costs arising from the said petition. IV. And be it enacted, That in any action or suit founded on a Bill of Exchange or Promissory Note, against any party, no other evidence shall be required or adduced than such as, under the Act aforesaid of the Parliament of this Province, may be required or adduced in an action or suit founded on a Bill of Exchange or on a Promissory Note whereto all the parties are traders. V. And be it enacted, That the Notarial demand of payment, preliminary to the protest of any Bill of Exchange or of any Promissory Note, payable at a Bank, may be lawfully made at such Bank, either within or after the usual afternoon banking hours of such Bank; any law or usage to the contrary notwithstanding. VI. Provided always, and be it enacted, That nothing herein contained shall apply to any protest of any Bill of Exchange or Promissory Note upon which any judgment of any Court of original jurisdiction shall have been rendered previous to the passing of this Act. CAP. LXIII. An Act to appropriate all moneys accruing out of Tavern Licenses in the Counties which form the District of Kamouraska, and in the County of Ottawa, towards defraying the cost of the Court House and Gaol erected at Kamouraska, and the Court House and Gaol now being erected in Aylmer. W" [ 30th August, 1851. ] HEREAS it is necessary to provide more ample funds for defraying the cost of erection of the Court House and Gaol lately built and constructed at Kamouraska, and for defraying the cost of erection of the Court House and Gaol now in course of construction at Aylmer, than are provided by the Act passed in the twelfth year of Her Majesty's Reign, and intituled, An Act to make provision for the erection or repair of Court Houses and Gaols at certain places in Lower Canada, under which the said Court House and Gaol at Kamouraska have been erected, and the said Court House and Gaol at Aylmer are now in course of construction: Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and of the Legislative Assembly of the Province of Canada, constituted and assembled by virtue of and under the authority of an Act passed in the Parliament of the United Kingdom of Great Britain and Ireland, and intituled, An Act to re-unite the Provinces of Upper and Lower Canada, and for the Government of Canada, and it is hereby enacted by the authority of the same, That for and notwithstanding any thing in the Act passed in the eighth year of Her Majesty's Reign, and intituled, An Act to provide for the payment of Claims arising out of the Rebellion and Invasion in Upper Canada, and to appropriate the Duties on Tavern Licenses to Local purposes, the moneys arising after the passing of this Act from the Duties on Licenses to keep Houses of Public Entertainment within the Counties of Kamouraska and Rimouski, shall be and are hereby appropriated towards defraying the cost of the Court House and Gaol lately erected at Kamouraska, and the moneys arising after the passing of this Act from Duties on Licenses to keep Houses of Public Entertainment within the County of Ottawa, shall be and are hereby appropriated towards defraying the cost of the Court House and Gaol now in course of construction at Aylmer, under the Act mentioned in the Preamble to this Act, and the other expenses incident thereto, and the principal and interest of the Debentures issued or to be issued under the said Act, and the expenses of keeping the said Court Houses and Gaols and their appurtenances in thorough repair and order; and such moneys shall be paid, applied and accounted for accordingly by the proper Officers, and no part thereof shall be paid over to the Treasurer of any Municipal Division whatsoever, CAP. An Act to amend and extend the Law relating to the remedy by Replevin in Upper W [ 30th August, 1851. ] or trespass now lie. HEREAS it is expedient to amend and extend the remedy by Replevin in Preamble. Upper Canada: Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and of the Legislative Assembly of the Province of Canada, constituted and assembled by virtue of and under the authority of an Act passed in the Parliament of the United Kingdom of Great Britain and Ireland, and intituled, An Act to re-unite the Provinces of Upper and Lower Canada, and for the Government of Canada, and it is hereby enacted by the authority of the same, That whenever any goods, chattels, deeds, bonds, debentures, promissory Action of Replevin to notes, bills of exchange, books of account, papers, writings, valuable securities or other lie in certain cases personal property or effects have been, or shall be wrongfully distrained, or otherwise where actions of trover wrongfully taken, or have been or shall be wrongfully detained, the owner, or person or corporation, who by law can now maintain an action of trespass or trover for personal property, shall have and may bring an action of Replevin for the recovery of such goods, chattels, or other personal property aforesaid, 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 now by law brought and maintained by any person complaining of an unlawful distress; and the Writ of Replevin to be issued Writ may be in a cer in any such case or action hereafter to be brought, shall be framed, according to the tain form. circumstances of each case, and tested in the name of the senior Judge of the Court out of which the same shall issue, and on the day of the month and year in which it shall issue, and be returnable on the eighth day after the service of a copy thereof on the defendant, or if he cannot be found, by leaving such copy at his usual and last place of abode, with his wife, or some other grown person being a member of his household, or of the house wherein he resided as aforesaid, and may be in the following form: County or United Counties of (as the case may be.) Victoria, by the Grace of God, of the United Kingdom of Great The Form. To the Sheriff of (here insert name of County or United Counties)-Greeting: this of our said Court, at (Signature of Clerk.) day This Writ is to continue in force for three months from the teste thereof, and no longer. 242 Provided Proviso. Affidavit to be taken Provided always, That the Sheriff shall not serve a copy of the said Writ of Replevin on the defendant, until he shall have replevied the property therein mentioned, or until he shall have replevied some part thereof, and cannot replevy the residue, by reason of the same having been eloigned out of his bailiwick, by the defendant, or by reason of the same not being in the possession of the defendant, or of any person for him. II. And be it enacted, That before any Writ of Replevin shall issue for the recovery before the Writ issues. of any such goods, chattels, or other personal property, the person claiming the same, his servant or agent, shall make an affidavit that such person claiming as aforesaid, is the owner of the property claimed, which shall be described in such affidavit, or that he is lawfully entitled to the possession thereof, and shall state the value thereof to the best of the deponent's belief, which affidavit shall and may be sworn before a Judge of one of the Superior Courts of Record in Upper Canada, the Judge of the County Court, or a Commissioner for taking affidavits in Her Majesty's Court of Queen's Bench or Common Pleas in Upper Canada, or a Commissioner duly appointed under the Act passed in the twelfth year of Her Majesty's Reign, intituled, An Act to authorize the Judges of the Superior Courts of Record in Upper Canada to appoint Commissioners for taking affidavits in Lower Canada, and shall be entitled in the Court in which such action of Replevin may be brought, and filed therein, to be kept among the papers in the cause. Defendant not ap pearing, plaintiff may and proceed. III. And be it enacted, That when the party or parties, defendant in any such suit of file appearance for him, Replevin, shall have been duly served with a copy of the Writ of Replevin issued in any such suit, and if he, she or they do not enter their appearance in such suit, at the return of such Writ of Replevin, the plaintiff or plaintiffs in such action may, after filing such Writ, with an affidavit of the service thereof having been made on the defendant in manner before mentioned and directed, enter a common appearance for such defendant, and proceed thereon as if such defendant had appeared. Condition and amount of the Bond to be taken by the Sheriff. Where the action may be brought. What the Sheriff shall state in his return. As to pleadings, &c. in such action. IV. And be it enacted, That the condition of the Bond to be taken by the Sheriff executing any such Writ of Replevin, and prescribed by the Act of the late Province of Upper Canada, passed in the fourth year of the Reign of His late Majesty King William the Fourth, chapter seven, intituled, An Act to facilitate the remedy by Replevin, may be altered in the wording thereof so as to correspond with the Writ in any such action to be brought; and the said Bond shall be taken for treble the amount of the value of the property to be replevied as sworn to in the affidavit filed by or on behalf of the claimant or plaintiff, and stated in such Writ of Replevin. V. And be it enacted, That whenever an action of Replevin shall be brought for the recovery of goods, chattels or other personal property aforesaid, distrained for any cause, it shall be laid and brought in the County or United Counties in which the distress was made, and not elsewhere, and in other cases, the action shall or may be laid and brought in any County or United Counties. VI. And be it enacted, That the Sheriff shall return the Writ at or before the return day thereof, and shall annex thereto, and transmit therewith, the names of the persons who were sureties in the Bond taken by him from the plaintiff, with their places of residence and additions, together with the date of such Bond, and the name or names of the witnesses thereto, and shall state in his return the number, quantity and quality of the articles or property replevied thereunder, and if the Sheriff shall have replevied only a portion of the property and effects in said Writ mentioned and set forth, and cannot replevy the residue by reason of the same having been eloigned out of his bailiwick by the Defendant, or by reason of the same not being in the possession of the Defendant, or of any other person for him, that then he shall state in his said return the articles of property which he cannot replevy, and the reason therefor. VII. And be it enacted, That the Plaintiff and Defendant to any such action or suit shall declare, avow, reply, rejoin and otherwise plead to issue, and have and take all subsequent proceedings to trial and judgment within the same time as is in other personal actions, and in case of default or neglect so to do, shall be liable to the like judgment of discontinuance, non pros,, or non-suit, as in other personal actions. VIII. And be it enacted, That where the original taking of the goods, chattels, or Declaration to be made other personal property, is not complained of, but the action is founded on a wrongful to suit the case, &c. detention thereof, the declaration shall conform to the Writ, and may be the same as in an action of detinue, and where the action is founded upon a wrongful taking and detention of the property aforesaid, it shall not be necessary for the Plaintiff to state in his declaration a place certain within the city, town, township or village as that where the property was taken; provided always, that if the Defendant, in any such action last aforesaid, justifies or avows the right to take or distrain any such goods, chattels, or other property aforesaid, in or upon any place or premises, in respect of which the same would be liable to forfeiture, distress for rent, damage, feasant custom, rate or duty, by reason of any law, usage or custom now existing and in force, such Defendant shall state in such plea of justification or avowry a place certain within the City, Town, Township or Village within the County, as that where such property was so distrained or taken. IX. And be it enacted, That the Defendant shall be entitled to the same pleas in abatement or bar as heretofore, and may plead as many matters in defence as he shall think necessary, and which would by law constitute a legal defence, if such action were an action of trespass, when the taking be complained of, or were an action of detinue when the detention only be complained of. X. And be it enacted, That the property to be replevied, or any part thereof, be secured or concealed in any dwelling house or other building or enclosure of the Defendant, or of any other person holding the same for him, and if the Sheriff shall have publicly demanded from the owner and occupant of the premises deliverance thereof, and if the same be not delivered to him within twenty-four hours after such demand made, he may or shall, if necessary, break open such house, building or enclosure for the purpose of replevying such property or any part thereof, and shall make replevin according to the Writ aforesaid, and that if the property to be replevied or any part thereof be concealed either about the person or the premises of the Defendant or any other person holding the same for him, and if the Sheriff shall have demanded from the Defendant, or such other person aforesaid, deliverance thereof, he shall and may, if necessary, search and examine the person and premises of the Defendant, or of such other person aforesaid, for the purpose of replevying such property or any part thereof, and shall make replevin according to the Writ aforesaid. CAP. LXV. An Act to amend the Upper Canada Jurors' Act of one thousand eight hundred and fifty, and to make some further provisions for the better accomplishment of the object thereof. Proviso: if the defendant avows and justi fies. What pleas and mat ters of defence the defendant shall have. Sheriff may in certain cases break open any the goods replevied house, &c, in which are. [ 30th August, 1851. ] WE HEREAS it is expedient to amend some of the provisions of the Act passed Preamble. in the last Session of the Parliament of this Province, chaptered fifty-five, 13 & 14 Vict, c. 55. and intituled, An Act for the consolidation and amendment of the Laws relative to Jurors, Juries and Inquests in that part of this Province called Upper Canada, and to make some further provisions for the better accomplishment of the object thereof: Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and of the Legislative Assembly of the Province of Canada, constituted and assembled by virtue of and under the authority of an Act passed in the Parliament of the United Kingdom of Great Britain and Ireland, and intituled, An Act to re-unite the Provinces of Upper and Lower Canada, and for the Government of Canada, and it is hereby enacted by the authority of the same, That where there shall not appear as many as twelve of the Grand Jurors summoned upon any Panel returned upon any Precept to any Court of Criminal Jurisdiction, every 242 * such When so many as shall not appear, the Court may order the twelve Grand Jurors Sheriff to supply the defect by Talesmen. Sect. 3 of Act of U. C. 10 G. 4, c. 1, and sect. 98, 99, 100 and 101 of 13 & 14 Vict., c. 55, repealed. Proviso as to things already done, Recital, Officers employed in certain duties under 13 & 14 Vict. c. 55, to be entitled to the al lowance for such services under this Act, Certain portions of the said Act designated in Schedule A, Column 1, repealed, and other provisions substituted. such Court, upon request made for the Queen by Her Attorney or Solicitor General, or any of Her Counsel Learned in the Law, or in their absence by any one thereto authorized or assigned by such Court, shall command the Sheriff or other Officer or Minister to whom the making of the return shall belong, to name and appoint, as often as need shall require, so many of such other able men of the County, Union of Counties or City, as the case may be, then present, as shall make up a Grand Inquest of twelve, and the Sheriff or other Officer or Minister aforesaid, shall, at such command of the Court, return such men duly qualified as shall be present or can be found to serve on such Grand Inquests, and shall add and annex their names to the Panel returned upon such Precept; and the Court shall proceed with those Grand Jurors who were before empannelled, together with the Talesmen so newly added and annexed, as if all the said Jurors had been originally returned upon such precept. II. And be it enacted, That the third section of the Act of the Parliament of the late Province of Upper Canada, passed in the tenth year of the reign of His late Majesty King George the Fourth, chaptered one, and intituled, An Act to provide for the admission of the evidence of Quakers, Menonists, Tunkers and Moravians, in criminal cases, and also the ninety-eighth, ninety-ninth, one hundredth, and one hundred and first sections of the said Upper Canada Jurors' Act of one thousand eight hundred and fifty, shall be and the same are hereby repealed: Provided always, nevertheless, that notwithstanding such repeal, all acts which might have been done, and all proceedings which might have been taken or prosecuted relating to any offences or neglects which may have been committed, or to any matters which shall have happened, or to any moneys which shall have become due, or to any fines or penalties which shall have been incurred before the day on which this Act shall come into operation, shall and may still be done or prosecuted, and the offences and omissions may be dealt with and punished, and the moneys may be recovered and dealt with, and the fines and penalties may be imposed and applied, as if the said Act and sections hereby repealed continued in force. III. And whereas the experience of the past year has shown that the fees allowed by the said Upper Canada Jurors' Act of one thousand eight hundred and fifty, were in most respects wholly disproportioned to the amount of labor and responsibility imposed by the said Act, involving in some cases an actual disbursement of money by the officers in procuring the necessary aid to complete the work within the time prescribed by the said Act; and it is therefore just that the parties should be better remunerated for the services so performed by them respectively: Be it therefore enacted, That the different officers who performed the duties required of them by the said Act, for the year one thousand eight hundred and fifty, shall be entitled to receive therefor the fees prescribed for such services by the said Act, as amended by this Act; and that upon their presenting their accounts for the same verified in the manner prescribed by the said Act as so amended, it shall be the duty of the different Municipal Treasurers and Chamberlains to whom the payment of such officers belonged, according to the directions of the said Act, to pay such officers the amount of such respective accounts, out of the like funds as by the said Act was directed with respect to the fees prescribed thereby, deducting from such accounts respectively the amount of any moneys which such officers may have previously received under the said Act. IV. And be it enacted, That the several words, phrases and sentences of the Upper Canada Jurors' Act of one thousand eight hundred and fifty, to be found in the first column of the Schedule to this Act annexed, marked A, numbered from one to twenty-three inclusive, and set forth in the second column of the said Schedule, as such several words, phrases and sentences are contained in those several parts of the several and respective sections and provisos of the said Act particularly referred to in the third column of the said Schedule opposite to each of such words, phrases and sentences respectively, shall be and the same, as so contained in such sections and provisos, are hereby repealed; and the several and respective words, phrases and sentences set forth in the fourth column of the said Schedule, opposite to each of such first mentioned words, phrases and sentences respectively, shall be and the same are hereby substituted for such first mentioned words, |