CHAPTER XIV.

MARRIED WOMEN.

All property, both real and personal, of the wife, owned by her before marriage, and that acquired afterwards by gift, bequest, devise, or descent, shall be her separate property, and is not subject to the debts of her husband.

All property acquired after marriage, by either husband or wife, except such as may be acquired by gift, bequest, devise, or descent, shall be common property.

The separate property of the husband is not liable for the debts of the wife contracted before marriage, but the separate property of the wife shall be and continue liable for all such debts.

CHAPTER XV.

CHATTEL MORTGAGES.

Chattel mortgages may be made on the following property, viz: Upholstery and furniture used in hotels and public boarding houses, when mortgaged to secure the purchase money of the identical articles mortgaged, and not otherwise; saw mill, grist mill, and steamboat machinery; tools and machinery used by machinists, foundry men, and other mechanics; steam boilers, steam engines, locomotives, engines, and the rolling stock of railroads; printing presses and other printing material; instruments and chests of a surgeon, physician, or dentist; libraries of all persons;

machinery and apparatus for mining purposes; growing crops, grain in store or field; teams and implements pertaining to farming; stock of all kinds on farm.

No chattel mortgage made shall have any legal force or effect, (except between the parties thereto) unless the residence of the mortgagor and mortgagee, their profession, trade, or occupation, the sum to be secured, the rate of interest to be paid, when and where payable, shall be set out in the mortgage; and the mortgagor and mortgagee shall make affidavit that the mortgage is bona fide, and without any design to defraud or delay creditors, which affidavit shall be attached to such mortgage.

Mortgage not valid as to third parties, unless duly recorded, or unless the mortgagee receives and retains the actual possession of the property.

CHAPTER XVI.

INTEREST.

When there is no express agreement fixing a different rate of interest, interest shall be allowed at the rate of ten per cent. per annum, on all moneys after they become due on any bond, bill, promissory note, or other instrument of writing, or any judgment recovered before any Court in this Territory for money lent, for money due on the settlement of accounts from the day on which the balance is ascertained, and for money received for the use of another.

Parties may agree, in writing, for the payment of any rate of interest whatever on money due or to become due on any contract; any judgment rendered on such contract shall conform thereto, and shall bear the interest agreed upon by the parties, and which shall be specified in the judgment.

Parties may agree, in writing, to compound interest.

CHAPTER XVII.

BILLS OF EXCHANGE.

Three days' grace allowed on notes and bills, except sight drafts. The rate of damages to be allowed and paid upon the usual protest for the non-payment of bills of exchange, drawn or negotiated within this Territory, shall be as follows:

1. If such bill shall have been drawn upon any person or persons in any of the United States or Territories east of the Rocky Mountains, fifteen dollars upon the hundred upon the principal sum specified in such bill.

2. If such bill shall have been drawn on any person or persons in any port or place in Europe or any foreign country, twenty dollars upon the hundred upon the principal sum specified in such bill.

Such damages shall be in lieu of interest, charges of protest, and all other charges incurred previous to and at the time of giving notice of non-payment; but the holder of such bill shall be entitled to demand and recover lawful interest upon the aggregate amount of the principal sum specified in such bill and of the damages thereon, from the time notice of protest for non-payment shall have been given, and payment of such principal sum shall have been demanded.

PART XII.

BRITISH COLUMBIA.

PREPARED EXPRESSLY FOR THIS WORK BY M. W. T. DRAKE, VICTORIA.

CHAPTER I.

COURTS—THEIR JURISDICTION AND TERMS.

The Supreme Court is presided over by a chief justice and two pusne judges. This Court exercises a legal and equitable jurisdiction in all matters. It has sole control over the estate of infants, lunatics and deceased persons, and claims a jurisdiction in divorce and matrimonial causes. The admiralty jurisdiction of the Province is vested in the chief justice alone. It is the Court of Appeal from all inferior tribunals, and from it there is an appeal to the Supreme Court of Canada and Privy Council of England.

The judges also sit as judges of assize for the trial of criminals. The Court holds three terms annually for the purpose of disposing of law points reserved at trials, for hearing motions for new trials, appeals, special cases, etc., etc. These sittings are held at Victoria, and the terms are held in February, April, and November.