SCHEDULE A-Continned. Number. 19 Sections and Provisos of 13 & 14 Vict. cap. 55, and Words, Phrases and Sentences the parts thereof respective- WORDS, PHRASES AND SENTENCES SUBSTITUTED FOR of 13 & 14 Vict. cap. 55, repealed ly in which the repealed by this Act. 20" Sheriff's Office." 21 "of ten shillings each, and the 17 Words, Phrases and Sen- THOSE BY THIS ACT REPEALED. ballotted for such City for such following year, as above directed with respect to all other Cities in Upper Canada: And provided also, Secondly, That in every such case, the preparing of the Ballots, the ballotting of the Jury Lists and the performing of all other acts and things required by this Act to be done for such City so to be erected as aforesaid, for such following year, shall be done and performed by the Clerk of the Peace and Court of General Quarter Sessions of the Peace for the County or Union of Counties within the limits of which such Town shall lie, in the like manner as according to the provisions hereof would in the case of such other Cities be done and performed by the Clerk of the Recorder's Court of such Cities, the Recorder and Recorder's Court and the Officers of such Court respectively: And provided also, Thirdly, That in every such case, it shall be the duty of such Clerk of the Peace, on demand made on him for that purpose, to deliver over to the Clerk of the Recorder's Court of such City so to be erected as aforesaid, as soon as may be after the same shall be completed and the copies thereof made and doposited in the proper office, in that behalf, the said Jurors' Book for such City so to be erected as aforesaid, who shall thereupon give him a receipt for such Book, and upon such receipt being filed with the Chamberlain of such City, the Clerk of the Peace and Crier of the said Court of Quarter Sessions of such County or Union of Counties, upon their accounts for the services thus performed for such City being verified in the manner hereinafter provided by affidavit before any Commissioners for taking affidavits for such County or Union of Counties, shall be paid the amount of such accounts by the Chamberlain of such City out of the like moneys as are hereinafter provided with respect to the payment of similar accounts by the Chamberlains of other Cities, and such payment shall in like manner be allowed in the accounts of such Chamberlain accordingly." Sec. 78. Between the" Office of the Clerk of the Peace." words "Book in the " and the words" and it shall." Sec. 81. Between the" of Five shillings for every one hundred names on City, Town, Village or Town-words "to the same" and the Assessment Roll or Assessment Rolls of the ship Clerk, to the further sum of the words " by the ele-City, Town, Village or Township for the year in five shillings for bringing with venth " him to the meeting of such Selectors the Assessment Roll or Assessment Rolls of the year as required" 22 "for every Jurors' Book fur which such selection of Jurors shall be made, and the City, Town, Village or Township Clerk, to the further sum of Two shillings and six pence, for every such one hundred names for bringing the said Assessment Roll or Assessment Rolls with him to the meeting of such Selectors as required." Sec. 81. After the words" shall be entitled to the following sums of money ni shed and prepared,(to the end" Recorder's Court shall for the respective services performed by them under of section.)" have been established." this Act, that is to say: For receiving and examining the Report of Selectors for each City, Town, Village and Township, causing any deficiency SCHEDULE Number. 22 SCHEDULE A-Continued. Sections and Provisos of 13 & 14 Vict. cap. 55, and Words, Phrases and Sentences the parts thereof respectiveof 13 & 14 Vict. cap. 55, repealed ly in which the repealed Words, Phrases and Sentences are contained. by this Act. WORDS, PHRASES AND SENTENCES SUBSTITUTED FOR which may be found therein to be supplied, and filing the same in his office, Three shillings and nine pence; For giving certificate to Selectors of Jurors of Report having been made, Two shillings and six pence;-For preparing in proper form the Jurors' Book and superintending the making up of same (besides actual disbursements for Stationers' charges,) each, Thirty shillings;-For arranging alphabetically and in order, the names contained in Selectors' Reports, per one hundred names, Fifteen shillings;-For making up Jurors' Books, entering all the names and numbers, and all other matter required to be entered therein, per one hundred names, Fifteen shillings;-For each copy of the Jurors' Book required by the Act, per one hundred names, Fifteen shillings;-For preparing on cards the ballot for Jurors, to correspond with numbers in Jurors' Book, per one hundred names, Two shillings and six pence ;-For each certificate required to be entered on Jurors' Book to verify same, Five shillings;-For ballotting and entering each Jury List, per one hundred names, Thirty shillings;-For copy of Jury List required to be entered, per one hundred names, Fifteen shillings;-For each Panel of Jurors drafted from the Jury List, per one hundred names on such Jury List, Twenty shillings;-For entering each Panel in the Jurors Book, with the numbers corresponding to the Jury List, Ten shillings ;-For making up aggregate Return in detail of Jurors, Forty shillings;-For copy thereof and transmitting same to Provincial Secretary when required, and for Office copy of same, each, Twenty shillings;-That the Sheriff, High Bailiff or other Officer of every such County, Union of Counties or City, shall, exclusive of such Fees as he may be entitled to from the parties in any suit, be entitled to the following sums of money for the respective Services performed by them under this Act, that is to say: For each panel of Jurors, whether Grand or Petit, returned and summoned by him in obedience to any general Precept for the return of Grand or Petit Jurors for any Sittings or Sessions of Assize and Nisi Prius, Oyer and Terminer, Gaol Delivery, Sessions of the Peace, or County or Recorder's Court, respectively, under this Act, Twenty-five shillings;-For copies of such Panel to be returned in the Offices of the Superior Courts of Common Law at Toronto, each, Five shillings;-For every summons served upon the Jurors on such Panel, the sum of Two shillings and six pence;-And for every certificate given to any of such Jurors of his having served, to evidence his exemption from serving again until his time for doing so shall return in its course, the sum of One shilling and three pence;-And in case of the Sheriffs of Counties, the further sum of Six pence for every mile that he or his Deputy or Bailiffs may necessarily and actually have had to travel from the County Town for the purpose of serving such summonses. And that the Crier of every such Court of Quarter Sessions or Recorder's Court, shall, for making the proclamations, calling the names of all those drawn in the course of ballotting such Jury Lists, and performing all other duties required of him under this SCHEDULE SCHEDULE A-Continued. Number. Sections and Provisos of 13 & 14 Vict. cap. 55, and Words, Phrases and Sentences the parts thereof respective-WORDS, PHRASES AND SENTENCES SUBSTITUTED FOR of 13 & 14 Vict. cap. 55, repealed ly in which the repealed by this Act. Words, Phrases and Sen- THOSE BY THIS ACT REPEALED. 66 Act, be entitled to the sum of Fifteen shillings, for every one hundred names so drawn: Which several sums shall be paid by the Treasurer of such County or Union of Counties or by the Chamberlain of such City, as the case may be, to such Officers severally,out of any moneys in his hands belonging to such County, Union of Counties or City respectively, not otherwise specially appropriated by Act of Parliament, upon proof by affidavit made before some Commissioner for taking affidavits in some one of Her Majesty's Superior Courts of Common Law at Toronto, for such County or Union of Counties, of such several services having been executed and of such travel having been so necessarily performed in the service of such summonses. For all which moneys so to be paid as aforesaid, every such Treasurer and Chamberlain shall be allowed in his accounts with such County, Union of Counties or City, as if the same had been paid under the special authority and direction of the Municipal Corporation of such County, Union of Counties or City respectively: Provided always, nevertheless, That in all such cases when there shall be more than a hundred or an even number of hundreds of such names, if the broken number beyond such hundred or hundreds shall fall short of fifty names, the same shall not be reckoned, and if such broken number shall amount to fifty names or upwards, the same shall be reckoned as a full hundred, but in all cases of there being altogether less than a single hundred, the same shall be reckoned as a full hundred." 23 not exceeding one hundred Sec. 85. Between the" not exceeding one hundred and forty-four in any York, or any Union of which that County shall for the time being be the Senior County, and in the said County or Union of Counties last mentioned, not exceeding two hundred and eighty-eight, as such Justice shall think fit." Preamble. 12 Vict. 70, partly repealed. CAP. LXVI. An Act to amend an Act passed in the twelfth year of Her Majesty's Reign, intituled, W 30th August, 1851. ] HEREAS by a Proviso contained in an Act passed in the twelfth year of Her Majesty's Reign, intituled, An Act to improve the Law of Evidence in Upper Canada, it is provided, That the said recited Act shall not render competent any party to any suit, action or proceeding, individually named in the record, or any Lessor of the Plaintiff or tenant of premises sought to be recovered in ejectment, or the landlord of any person in whose right any defendant in replevin may make cognizance, or any person in whose immediate or individual behalf any action may be brought or defended, either wholly or in part, or the husband or the wife of such persons respectively: And whereas it is desirable that in no case should there be any exclusion of any person from giving evidence, but that all persons should be admitted to give evidence on oath or affirmation, as the case may be, as hereinafter provided: 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 the said Proviso in the said first recited Act be, and the same is hereby repealed: Provided always, that no married woman shall be allowed as a competent witness in any civil proceeding, either for or against her husband. Proviso: married women rendered incompetent as witnesses for or against their husbands. A party to any civil proceeding may be examined as a witness at the instance of the opposite party. Proviso. II. And be it enacted, That any party to any civil proceeding may be examined as a witness in any suit or action, at the instance of the opposite party in such suit or action; Provided always, that such party shall be subpoenaed, or notice of the intention to examine such party shall be given to such party or his Attorney, at least eight days before the time of such examination, and if such party shall not attend upon such notice or subpoena, such non-attendance shall be taken as an admission pro confesso against him in such suit or action, unless otherwise ordered by the Court or Judge in which or before whom such examination is pending, and a general finding or judgment may be had against such party thereon, or the plaintiff may be non-suit, or the proceedings in such action or such suit may be postponed by such Court or Judge, on such terms as such Court or Judge shall see fit to impose: Provided also, that no such Proviso. party shall be compelled in any case to give evidence that may expose or render such party liable to any prosecution for penalties, or to any criminal proceeding whatsoever. III. And be it enacted, That whenever a party to any such suit or action is resident out of Upper Canada, it shall be lawful for the Court in which such suit or action is brought, or any Judge in Chambers, at the instance of the opposite party, to issue a Commission for the examination of such party, in the same manner as a Commission may now be issued from any of the Superior Courts for the examination of witnesses, and if such party shall refuse to attend before such Commissioners, such refusal, proved by affidavit or otherwise to the satisfaction of a Judge of the Court in which the suit is had, shall authorize a verdict or judgment to pass against such party, or he shall become non-suit Provided, that no such Commission shall be issued unless the party requiring Proviso. such Commission shall state under oath by affidavit the facts intended to be proved before such Commission, and then the said Judge after being satisfied that such Commission is applied for in good faith, and not for purposes of delay, may issue such Commission. IV. And be it enacted, That whenever any person has died or shall hereafter die in any of Her Majesty's possessions out of Upper Canada, having made a Will sufficient to pass real estate in Upper Canada, and whereby any such estate shall be divised, charged or affected, and such Will shall have been duly proved in any Court having the proof and issuing probate of Wills in any of such possessions, and shall remain filed in such Court, the production of the probate of such Will, or a certificate of the Judge, Registrar or Clerk of such Court, that the original is filed and remains in such Court, and purports to have been executed before two witnesses, shall be sufficient prima facie evidence in any Court of Law or Equity in Upper Canada, in any proceeding concerning such real estate, of such Will, and of the same having been executed so as to pass real estate, without the production of the original Will: Provided always, that notice of the intention to use such Probate or Certificate in the place of the original Will, shall be given to the opposite party in any such proceeding, one month before the same shall be so used: And provided also, that such Probate or Certificate shall not be used if, upon cause shewn before any such Court of Law or Equity, or any Judge thereof, such Court or Judge shall find any reason to doubt the sufficiency of the execution of such Will to pass such real estate as aforesaid, and shall make a Rule or Order disallowing the production of such Probate. A Commission may issue for the examinawhen out of U. C.; consequence, if the party refuse to comply tion of such party thereto. who shall die in Her Probate of a Will made by any person Majesty's possessions with a certificate of the filing of the ori cient prima facie evidence in Courts of ceedings concerning Upper Canada in prosuch will. out of Upper Canada, Proviso: notice of intention to use probate to be given to opposite party. Production of Certificate to be sufficient proof of its contents, &c. Preamble. Lands vested in the Commissioners of the V. And be it enacted, That the production of the Certificate in the next preceding Section mentioned, shall be sufficient prima facie evidence of the facts therein stated, and of the authority of the Judge, Registrar or Clerk, without any proof of his appointment, authority or signature. CAP. LXVII. An Act for vesting in the Commissioners for executing the office of Lord High Admiral of the United Kingdom of Great Britain and Ireland, the estates and property therein described, and for granting certain powers to the said Commissioners, and for other purposes therein mentioned. W [ 30th August, 1851. ] HEREAS divers messuages, lands, tenements, estates, and other hereditaments and real property lying within this Province, have been at various times set apart from the Crown Reserves, or other Crown Lands and property in this Province, or from the Clergy Reserves therein, as reserves for the forming or enlarging Her Majesty's Stations, Docks, Naval Arsenals, and Dock Yards therein, and for other public purposes connected with the Naval defence of the Province, and with the several Departments of the public service under the management or control of the Commissioners for executing the office of Lord High Admiral of the United Kingdom of Great Britain and Ireland; And whereas other messuages, lands, tenements, estates and other hereditaments and real property have been at divers times purchased for like purposes, and conveyed or surrendered to or in trust for Her Majesty or Her Royal Predecessors, or have been taken for like purposes under the authority of some Act or Acts of the Legislature of the late Province of Lower Canada, or of the late Province of Upper Canada, or otherwise, according to law, and by the provisions of such Acts or otherwise according to law, vested in Her Majesty, and the price or compensation of and for the same hath been paid out of the funds provided for that purpose by the Parliament of the United Kingdom; And whereas it is necessary and expedient that Her Majesty should be enabled to acquire lands hereafter for the like or similar purposes in this Province; And whereas it may be expedient that such parts of such lands, estates and property as may not be wanted for any of the purposes aforesaid, should from time to time be sold or disposed of; And whereas for effecting such sales and for the better protection and management of such property as aforesaid, and of the Works under the control of the said Commissioners as aforesaid, it is expedient and necessary that the same and all other messuages, lands, tenements, estates, hereditaments and other real property of the nature and description hereinafter mentioned, should be vested in the Lord High Admiral or the Commissioners for executing the office of Lord High Admiral of the said United Kingdom, for the time being, in trust of Her Majesty, Her Heirs and Successors, with the powers hereinafter granted to the said Lord High Admiral and Commissioners for executing the office of Lord High Admiral as aforesaid, and subject to the provisions hereinafter made: 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 from and after the passing of this Act, all Docks, Dock Yards, Arsenals, Piers, Wharves, Quays, Slips, Messuages, Lands, Lands covered with water, Beaches, Beds of Rivers, Canals, Roads and works connected therewith, tenements, estates and other hereditaments, real property, rights, easements and servitudes whatsoever, (all which things shall be intended by the words "Lands and other Real Property" wheresoever they occur in this Act) within this Province, and immediately before that time vested in Her Majesty, the Lord High Admiral or Commissioners for executing the office of Lord High Admiral aforesaid, or in any other person or persons, Officer |