for discharging, and four days for demurrage, if required, at £ per day; and that the Plaintiff did all things necessary on his part to entitle him to have the agreed cargo loaded on board the said schooner at Hamilton, and that the time for so loading has elapsed, yet the Defendant made default in loading the agreed cargo.

19. That the Plaintiff let the Defendant a house, being (de- No. 23. signate it) for years to hold from the

at £

day of
a year, payable quarterly, of which
quarters are due and unpaid.

day of

20. That the Plaintiff by deed let to the Defendant a house, No. 24. (designate it) to hold for seven years from the A. D. and the Defendant by the said deed covenanted with the Plaintiff, well and substantially to repair the said house during the said terms (according to the covenant,) yet the said house was during the said term out of good and substantial repair.

FOR WRONGS INDEPENDENT OF CONTRACT.

21. That the Defendant broke and entered certain land of No. 25. the Plaintiff called lot No. &c., and depastured the same

with cattle.

22. That the Defendant assaulted and beat the Plaintiff, gave No. 26. him into custody to a Constable, and caused him to be imprisoned in the Common Gaol.

23. That the Defendant debauched and carnally knew the No. 27. Plaintiff's wife.

24. That the Defendant converted to his own use (or wrongly No. 28. deprived the Plaintiff of the use and possession of) the Plaintiff's goods, that is to say-(mentioning what articles, as for instance, household furniture.)

25. That the Defendant detained from the Plaintiff his title No. 29. deeds of land called lot No. &c. in &c. that is to say, (describe the deeds.)

26. That the Plaintiff was possessed of a mill, and by reason No. 30. thereof was entitled to the flow of a stream for working the same, and the Defendant, by cutting the bank of the said stream, diverted the water thereof away from the said mill.

27. That the Defendant having no reasonable or probable cause for believing that the Plaintiff was immediately about to leave Upper Canada with intent and design to defraud the Defendant, maliciously caused the Plaintiff to be arrested and held to bail for £

No. 32.

No. 33.

No. 34.

No. 35.

No. 36.

No. 37.

No. 38.

No. 39.

No. 40.

No. 41.

28. That the Defendant falsely and maliciously spoke and published of the Plaintiff the words following, that is to say, "He is a thief" (if there be any special damage, here state it, with such reasonable particularity as to give notice to the Defendant of the peculiar injury complained of, as for instance, whereby the Plaintiff lost his situation as shopman in the employ of N.)

29. That the Defendant falsely and maliciously published of the Plaintiff in a newspaper called the words following, that is to say "He is a regular prover under bankruptcies," the Defendant meaning thereby that the Plaintiff had proved, and was in the habit of proving, fictitious debts against the estates of bankrupts, with the knowledge that such debts were fictitious.

COMMENCEMENT OF PLEA.

30. The Defendant by

his Attorney (or in person)

says (here state the substance of the Plea.)

31. And for a second Plea the Defendant says (here state the second Plea.)

Plea in Actions on Contracts.

32. That he never was indebted as alleged. (N. B.-This plea is applicable to other declarations like those numbered 1 to 11.)

33. That he did not promise as alleged. (This plea is applicable to other declarations on simple contracts not on bills or notes, such as those numbered 16 to 19. It would be objectionable to use "did not warrant," "did not agree," or any other appropriate denial.)

34. That the alleged deed is not his deed.

35. That the alleged cause of action did not accrue within years (state the period of limitation applicable to the case) before the suit.

36. That before action he satisfied and discharged the Plaintiff's claim by payment.

37. That the Plaintiff, at the commencement of this suit, was, and still is, indebted to the Defendant in an amount equal to (or greater than) the Plaintiff's claim for (state the cause of set off as in a declaration, see form ante,) which amount the Defendant is willing to set off against the Plaintiff's claim, (or, and the Defendant claims to recover a balance from the Plaintiff.)

38. That after the claim accrued, and before this suit, the No. 42. Plaintiff, by deed, released the Defendant therefrom.

PLEAS IN ACTIONS FOR WRONGS INDEPENDENT OF CONTRACT.

39. That he is not guilty.

No. 43.

40. That he did what is complained of by the Plaintiff's No. 44. leave.

41. That the Plaintiff first assaulted the Defendant, who No. 45. thereupon necessarily committed the alleged assault in his own defence.

42. That the Defendant, at the time of the alleged trespass, No. 46. was possessed of land, the occupiers whereof, for twenty years before this suit, enjoyed, as of right and without interruption, a way on foot and with cattle from a public highway over the said land of the Plaintiff to the said land of the Defendant, and from the said land of the Defendant over the said land of the Plaintiff, to the said public highway, at all times of the year, for the more convenient occupation of the said land of the Defendant, and that the alleged trespass was the use by the Defendant of the said way.

REPLICATIONS.

43. The Plaintiff takes issue upon the Defendant's first, No. 48. second, &c., pleas.

44. The Plaintiff as to the second Plea, says: (here state No. 49. the answer to the plea, or in the following forms.)

45. That the alleged release is not the Plaintiff's deed.

No. 50,

46. That the alleged release was procured by the fraud of No. 51. the Defendant.

47 That the alleged set off did not accrue within six years No. 52. before this suit.

48. That the Plaintiff was possessed of land whereon the No. 53. Defendant was trespassing and doing damage, whereupon the Plaintiff requested the Defendant to leave the said land, which the Defendant refused to do, and thereupon the Plaintiff gently laid his hands upon the Defendant in order to secure him, doing no more than was necessary for that purpose, which is the alleged first assault by the Plaintiff.

49. That the occupiers of the said land did not for twenty No. 54. years before this suit, enjoy, as of right and without interruption, the alleged way.

NEW

No. 55.

No. 56.

No. 57.

pleas, says,

that he sues not for the trespasses therein admitted, but for trespasses committed by the Defendant in excess of the alleged rights, and also in other parts of the said land, and on other occasions and for other purposes than those referred to in the said pleas.

If the Plaintiff replies and new assigns, the new assignment may be as follows:

and

51. And the Plaintiff as to the pleas, further says that he sues, not only for the trespasses in those pleas admitted, but also for, &c.

If the Plaintiff replies and new assigns to some of the pleas, and new assigns only to the other, the form may be as follows:

and

52. And the Plaintiff as to the pleas, further says that he sues, not for the trespasses in the pleas (the pleas not replied to) admitted, but for the trespasses pleas, (the pleas replied to) admitted, and also

in the

for, &c.

CAP. XLIV.

An Act to amend the Militia Law.

[Assented to 19th June, 1856.]

Preamble.

18 V. c. 77.

Number of

W

HEREAS it is expedient to amend the Act passed in the eighteenth year of Her Majesty's Reign, and intituled, An Act to regulate the Militia of this Province, and to repeal the Acts now in force for that purpose: Therefore, Her Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows:

I. Notwithstanding any thing in the Act cited in the Military Dis Preamble to this Act, the Commander in Chief may from time tricts may be increased in to time, by any Militia General Order, alter the division of the either part of Province into Military Districts, and may, if he shall see fit, the Province. increase the number of such Districts beyond the number of

nine in either portion of the Province; and to the Military Districts to be so constituted all the provisions of the said Act shall apply, and a Colonel and proper Staff Officers may be appointed in each of them.

II. Notwithstanding any limitation in the said Act of the Unpaid Volunnumber of Volunteer Companies or Corps, or of the number of teer Corps men therein, the Commander in Chief may accept the services may be formed. of any greater number of Volunteers and may form them into Companies or Corps, provided that no greater number of Volunteer Companies, Corps or men than that limited by the said. Act, shall receive pay or allowances, except on actual service, in time of war or insurrection: And the Volunteer Companies Unpaid Volun and Corps receiving pay shall be known as Class A, and those teers may bereceiving no pay as Class B ; and whenever the number of come paid Companies or Corps or men in Class A shall fall short of that Corps, as limited by the said Act, the deficiency may be supplied by occur. removing the proper number from Class B into Class A ; Pro- Proviso: other vided always, that in all respects, except as to pay and allow- provisions of the provisions of the said Act shall apply in like manner 18 V. c. 77, to to the Volunteer Companies, Corps and men in both Classes. apply to them.

ances,

vacaneies

III. The Commander in Chief may, by any Militia General Governor may Order, dispense with the Annual General Muster of the Seden- dispense with annual muster, tary Militia in either Section of the Province, either in any and again particular year or until further order, and may in like manner require it. again direct such muster to be held, if he shall see fit, and any such order shall have the force of law according to the terms thereof.

IV. The Commander in Chief may appoint to all Militia Surgeons, &c., Regiments, Companies or Corps, the proper number of Surgeons, may be apAssistant Surgeons and Veterinary Surgeons.

V. In amendment of the sixth section of the said Act, Be it enacted and declared, That in case the Muster Day for the Sedentary Militia, as fixed by Law, shall happen to fall on a Sunday, the day following such Sunday shall be deemed to be the day of Muster in Lower as well as in Upper Canada.

pointed to Militia.

Provision if the muster day, falls on a Sunday.

VI. And in explanation of the forty-fifth Section of the said Oath of AlleAct, it is declared and enacted, that it is not and shall not be giance not renecessary that any person should take the oath of allegiance in quired of Bri order to qualify him to be an Officer in the Militia, unless he be jects. by birth an Alien.

tish born Sub

declared to

and 1847.

VII. And to avoid doubts under the forty-sixth Section of the Section 46 of said Act, It is declared and enacted, That the said Section the said Act applies to and includes the Battalions embodied in the years apply to Batone thousand eight hundred and thirty-seven, one thousand talions emboeight hundred and thirty-eight, one thousand eight hundred and died in 1837, forty-six and one thousand eight hundred and forty-seven, in 1838, 1846 the Cities of Quebec and Montreal, and that the said battalions are still lawfully embodied, and Commissions in them are valid under the said forty-sixth Section: and the said Battalions are subject to all the provisions of the said Act as Sedentary Militia, and may be called out as such by the Commander in Chief under the said Act.

CAP.