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action affidavit alleged amount appear application appointed attorney authority Bailiff Barrister bill by-law cause Chancery charge chattels claim clause Clerk Common Law Company contract costs Council County Court County or United Court of Chancery courts of equity creditors debentures debt debtor declaration defendant Division Court duty election embezzlement entitled equity Esquire evidence execution fact fees give given held indictment interpleader issue Judge judgment judgment summons jurisdiction jury Justice land Law Journal Law Procedure Act Legislature liable Lower Canada magistrate matter ment mortgage Municipal Notary Public notice offence opinion paid party payment person plaintiff plea pleaded possession proceedings profession purchase Quebec question railway received rule Sheriff shew statute suit summons tion Toronto township trial trustees United Counties Upper Canada verdict vote warrant witnesses writ
Page 200 - Provided always, that nothing herein contained shall extend to any case where the party trespassing acted under a fair and reasonable supposition that he had a right to do the act complained of...
Page 178 - That all actions and prosecutions to be commenced against any person for anything done in pursuance of this Act shall be laid and tried in the county where the fact was committed, and shall be commenced within six calendar months after the fact committed, and not otherwise ; and notice in writing of such action, and of the cause thereof, shall be given to the defendant one calendar month at least before the commencement of the action...
Page 61 - As to the fifth sort of bailment, viz., a delivery to carry or otherwise manage, for a reward to be paid to the bailee, those cases are of two sorts: either a delivery to one that exercises a public employment, or a delivery to a private person. First, if it be to a person of the first sort, and he is to have a reward, he is bound to answer for the goods at all events.
Page 250 - I ; and a writ of summons so renewed shall remain in force and be available to prevent the operation of any statute whereby the time for the commencement of the action may be limited, and for all other purposes, from the date of the issuing of the original writ of summons.
Page 132 - WHEREAS Proof upon Oath hath this Day been made before me, One of Her Majesty's Justices of the Peace in and for the said County of that the Name of JS to the within Warrant subscribed is of the Handwriting of the Justice of the Peace within mentioned : I do therefore...
Page 108 - means the Act of the session of the eleventh and twelfth years of the reign of Her present Majesty, chapter forty-three, intituled " An Act to facilitate the performance of the duties of justices of the peace out of sessions within England and Wales, with respect to summary convictions and orders...
Page 112 - That in all cases in which any particular number of days, not expressed to be clear days, is prescribed by the rules or practice of the courts, the same shall be reckoned exclusively of the first day and inclusively of the last day...
Page 204 - Having heard the evidence, do you wish to say anything in answer to the charge ? You are not obliged to say anything unless you desire to do so, but whatever you say will be taken down in writing, and may be given in evidence against you upon your trial.
Page 256 - Peace] to be holden in and for the [county] of * and there prefer or cause to be preferred a bill of indictment for the offence aforesaid against the said AB, and there also duly prosecute such indictment, then the said recognizance to be void, or else to stand in full force and virtue.
Page 156 - These are therefore to command you, the said Constable of , to take the said AB, and him safely to convey to the [House of Correction] at aforesaid, and there to deliver him to the Keeper thereof, together with this Precept; and I do hereby command you, the said Keeper of the said [House...