Terms of

and C. P.

"18. The terms of the said Courts of Queen's Bench and Courts of Q. B. Common Pleas, shall annually be as follows:-Hilary Term shall begin on the first Monday in February, and shall end on the Saturday of the ensuing week; Easter Term shall begin on the third Monday in May, and shall end on the Saturday of the second week thereafter; Michaelmas Term shall begin on the third Monday in November and end on the Saturday of the second week thereafter; and Trinity Term shall be abolished."

3. The first section of chapter eleven of the Consolidated Statutes for Upper Canada is hereby repealed, and the following is substituted in lieu thereof:

"1. The Courts of Assizes and Nisi Prius, and of Oyer and Terminer and General Gaol Delivery shall be held in every County and Union of Counties in Upper Canada, in each and every year in the vacation between Hilary and Easter Terms, and between that period of the vacation after the twenty-first day of August and Michaelmas Term, and in addition to the said two Courts to be held for the County of the City of Toronto and the County of York, there shall be a third such Court in every year in each of the said two last mentioned Counties in the vacation between Michaelmas and Hilary Terms, and all such Courts shall be held, with or without Commission, as to the Governor may seem best, and on such days as the Chief Justices and Judges of the Superior Courts of Common Law shall respectively name."

4. The Courts of Queen's Bench and Common Pleas at their discretion, may hold sittings in Banc in time of vacation, by virtue of a rule or order of the Court, respectively to be made in or out of term, for the hearing of such special cases or rules for new trials as shall be named in a list to be attached to any such rule or order-and for giving of judgments in cases previously argued, and for disposing of such other business as the Court in its discretion shall see fit; Provided that no such sittings in Banc shall be appointed for or holden on any day between the first day of July and the twenty-first day of August in any year.

5. Notice of such rules or orders shall be given by affixing the same in some conspicuous place on the outside of the Court making the same, and in the Judges' Chambers and Practice Court, in Osgoode Hall, and in the office of the Clerk of the Crown and Pleas, of the same Court, six clear days, excluding Sunday, or any other legal holiday, before the day appointed, and such notice may be to the following effect:

COURT OF QUEEN'S BENCH OR COMMON PLEAS.

This Court will on the

day of

hold sittings, and will proceed on that and the following days,

in hearing and disposing of the cases mentioned in the subjoined list, and in giving judgment in cases previously argued, and in disposing of any other business as the Court shall in its discretion see fit. (List to be subjoined.)

6. The twentieth section of chapter ten of the Consolidated Sect. 20 repeaStatutes for Upper Canada is hereby repealed.

led.

Judgments in

7. All judgments to be pronounced, and all rules and orders. to be made by virtue of this Act, shall have the same effect, to vacation. all intents and purposes, as if they had been pronounced in term time.

8. This Act shall come into operation upon the last day of CommenceMichaelmas Term next, and not before.

CAP. XLI.

An Act to amend the Law of Crown and Criminal
Procedure and Evidence at Trial in Upper Canada.

W

[Assented to 15th August, 1866.]

ment of Act.

HEREAS it is expedient that the law of Evidence, and Preamble. the practice on Crown prosecutions and trials for Treason, Felony and Misdemeanor should be assimilated to that on trials at Nisi Prius: Therefore, Her Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows:

be the same

1. On all trials to which the Crown is a party, either directly Certain proor through the Attorney General, and in all criminal prosecu- ceedings in tions, whether for treason, felony or misdemeanor, the addresses such cases to of counsel or of parties to the jury, the examination and contra- as in civil diction of witnesses, comparison of handwriting, and the calling suits. of attesting witnesses, shall proceed in the same manner, and with the same effect, as is provided in civil suits by sections two hundred and nine to two hundred and fifteen, both inclusive, of "The Common Law Procedure Act;"-Provided Proviso. always that the right of reply shall be always allowed to the Attorney and Solicitor General, and to any Queen's Counsel having written authority from either of them for that purpose.

2. This Act shall apply only to Upper Canada.

Act limited to

U. C.

CAP.

Preamble.

Additional

cases in which

the defendant

may obtain se

curity for costs.

Interest al

lowed from the

verdict in cer

tain cases.

CAP. XLII.

An Act to amend the Common Law Procedure Act of
Upper Canada.

W

[Assented to 15th August, 1866.]

HEREAS it is desirable to make certain amendments in the Common Law Procedure Act of Upper Canada: Therefore, Her Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows:

1. In addition to any cases in which a defendant in any suit is now entitled to obtain security for costs from a plaintiff, security for costs may be granted to the defendant or applicant in any suit or proceeding in which it is made to appear satisfactorily to the Court in which such suit or proceeding has been instituted or taken, or to any Judge in chambers, that the plaintiff has brought a former suit or proceeding for the same cause which is pending either in Upper Canada or in any other country, or that he has judgment or rule or order passed against him in such suit or proceeding, with costs, and that such costs have not been paid, and such Court or Judge may thereupon make such rule or order staying such proceedings until such security be given as to such Court or Judge shall seem meet.

2. In any suit or action in which any verdict is rendered for rendering of the any debt or sum certain, on any account, debt, or promises, such verdict shall bear interest at the rate of six per cent. per annum from the time of the rendering of such verdict, if judgment is afterwards entered in favour of the party or person who obtained such verdict, notwithstanding the entry of judg ment upon such verdict has been suspended by the operation of any rule or order of Court which may be made in such suit As to damages. Or action, and in all cases damages shall be assessed only up to the day of the verdict.

3. Whereas doubts exist as to the effect of equitable defences pleaded in suits at law, and it is desirable to remove such doubts ;-if the defendant in any suit at law shall plead any equitable defence, and judgment shall be given against such defendant upon such equitable plea, such judgment shall be pleadable as a good bar and estoppel against any bill filed by such defendant in equity against the plaintiff or representative of such plaintiff at law, in respect to the same subject matter which has been brought into judgment by such equitable defence at law; but nothing in this section shall apply to any suit or action commenced and pending before the passing of this Act, which shall be decided upon as if this Act had not been passed, and this Act shall not be construed as declaring that such judgment at law on an equitable defence has not

been

been heretofore a good bar to a suit in equity on the same subject matter.

for same cause

4. If any suit or action is brought in any Court of Law or Stay of proEquity for any cause of action for which any suit or action has ceedings if suit been brought and is pending between the same parties and is pending out their representatives in any place or country out of Upper ofU. C. Canada, such Court or any Judge thereof may make a rule or order to stay all proceedings in such first mentioned Court of Law or Equity, until satisfactory proof is offered to such Court or Judge that the suit or action so brought in such other place or country out of Upper Canada is determined or discontinued.

execution

5. No execution shall issue against lands to the Sheriff of When only any County until after a return of nulla bona in whole or part may issue with respect to an execution against goods, in the same suit by against lands. the same Sheriff.

6. No Sheriff shall make any return of nulla bona either in when only whole or in part, to any writ against goods, until the whole of return of nulla the goods of the execution debtor in his county have been bona may be exhausted, and then such return shall be made only in the order of priority in which the writs have come into his hands.

CAP. XLIII.

An Act to amend the Law of Upper Canada relating to Crown Debtors.

[Assented to 15th August, 1866.]

made.

HEREAS by law in Upper Canada, the property real Preamble. and personal, of any person entering into any bond or covenant or being indebted to the Crown, is bound by such bond or covenant from the date thereof, and from the incurring of such debt; and whereas it is desirable that such bonds, covenants and debts made or due by a subject to the Crown, should be placed on the same footing as if they were made or due from a subject to a subject: Therefore, Her Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows:

1. No bond, covenant, or other security, hereafter to be made or entered into by any person to Her Majesty, Her Heirs or Successors, or to any person on behalf of or in trust for Her Majesty, Her Heirs or Successors, shall bind the real or personal property of such person so making and entering into such bond, covenant, or other security, to any further, other or greater extent than if such bond, covenant, or other security, had been made or entered into between subject and subject of Her Majesty.

Bonds, &c., to the Crown to bind only such property as

would be bound

in other cases.

And so as to

perty of Crown debtors.

2. The real or personal property of any debtor to Her personal pro- Majesty, Her Heirs or Successors, or to any person in trust for or on behalf of Her Majesty, Her Heirs or Successors, for any debt hereafter contracted, shall be bound only to the same extent, and in the same manner as the real or personal property of any debtor where a debt is due from a subject of Her Majesty.

Cap. 5, of Con.
Stat. U. C.

repealed.
Exception.

Preamble.

Governor in
Council may

3. The Statute chapter five of the Consolidated Statutes for Upper Canada, shall be and the same is hereby repealed, except as to such securities as are mentioned in the first section of that Statute, which had been made or entered into before the passing of this Act.

CAP. XLIV.

An Act respecting persons in custody charged with
High Treason or Felony.

W

[Assented to 15th August, 1866.] HEREAS it is expedient to make provision for the safe custody of persons charged with High Treason or Felony: Therefore, Her Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows:

1. If from the insecurity or unfitness of any gaol of any order removal county for the safe custody of persons charged with the crimes of such persons of High Treason or Felony, or if from any other cause it shall from one gaol seem expedient to the Governor in Council so to do, it shall be case of insecu- lawful for the Governor in Council to order that any persons rity of gaol, &c. charged with the said crimes, or either of them, confined in

to another, in

And direct She

riff to remove them.

such gaol, shall be removed to any other gaol of any other county to be named in such order, there to be detained until discharged in due course of law, or removed for the purpose of trial to the gaol of the county in which the trial is to take place; and a copy of such order, certified by the Clerk of the Executive Council, or by any person acting as such Clerk, shall be a sufficient authority to the Sheriff's and Gaolers of the counties respectively named in such order to deliver over and to receive the bodies of any person or persons named in such order.

2. It shall be lawful for the Governor in Council to direct in any such order that the Sheriff in whose custody the person or persons to be removed may then be, shall convey the said person or persons to the gaol of the county in which they are to be confined, and to direct the Sheriff or Gaoler of such county to receive the said person or persons, and to detain him or them until he or they shall be discharged in due course of law, or be removed for the purpose of trial to any other county.