with him a separate account of sales for each package, which shall remain in his office, subject to all further authenticated claims for any part of the said proceeds. 2 W. 4, c. 32, s. 3. visions. 4. If any person in whose custody such unclaimed articles Penalty on perremain, neglects to comply with the foregoing provisions, he sons not complying with shall incur a penalty not exceeding one-fourth of the appraised foregoing provalue of the goods detained, one moiety of which shall belong to Her Majesty and the other to the informer; and the same may be sued for and recovered before any justice of the peace for the district, on the oath of one or more credible witness or witnesses, other than the informer; and in default of immediate payment, shall be levied with costs, by distress and sale of the offender's goods and chattels, under a warrant signed by any justice of the peace. Ibid, s. 4. been sold may 5. Any person whose goods or property has been sold, and Persons whose the proceeds thereof paid to the receiver general in the manner goods have hereinbefore provided, shall receive the amount of such pro- receive the ceeds from the receiver general upon a warrant to be issued amount. by the Governor, after sufficient proof that the person claiming is entitled to the same. Ibid, s. 5. 6. If any dispute arises between the claimant of such articles How disputes and the person in whose possession they are either with respect between parto the legality of the claim, or with respect to the amount articles shall be ties claiming charged for expenses thereon, and storage or wharfage, the determined. same shall be determined in a summary way before a justice of the peace, within four days after application made to him for that purpose by either of the parties; and the costs thereof, which shall in no case exceed in the whole the sum of two dollars shall be paid by the party against whom such decision is made, and in default of payment, shall be levied by distress and sale of the goods and effects of such party, under signed by any justice of the peace. Ibid, s. 6. CAP. LXVII. warrant An Act respecting the Limitation of Actions in Commercial Cases, and the Statute of Frauds. H ER Majesty, by and with the advice and consent of the follows: able unless 1. No action of account or upon the case, nor any action Certain actions grounded upon any lending or contract without specialty, shall not maintainbe maintainable in or with regard to any commercial matter, brought within unless such action is commenced within six years next after the six years. cause of such action. 10, 11 V. c. 11, s. 1. Verbal promise evidence of a take the case of sect. 1. 2. No acknowledgment or promise by words only shall be deemed sufficient evidence of a new or continuing contract, new contract to whereby to take any case out of the operation of the next preout of the reach ceding section, or to deprive any party of the benefit thereof, unless such acknowledgment or promise is made or contained by or in some writing to be signed by the party chargeable Case of joint thereby; and where there are two or more joint contractors, or executors or administrators of any contractor, no such joint contractor, executor or administrator shall lose the benefit of the said section so as to be chargeable in respect or by reason only of any written acknowledgment or promise made and signed by any other or others of them: contractors. Effect of pay ment. In case of joint contractors, plaintiff may recover against one though he fail against the rest. Provision in case of plea that parties not Act ought to be jointly sued. 2. But nothing in this section shall alter or take away or lessen the effect of any payment of any principal or interest made by any person whatsoever; 3. And in actions commenced against two or more such joint contractors or executors or administrators, if it appears at the trial or otherwise that the plaintiff though barred by this Act as to one or more of such joint contractors or executors or adminis trators, is nevertheless entitled to recover against any other or others of the defendants, by virtue of a new acknowledgment or promise, or otherwise, judgment may be given and costs allowed for the plaintiff, as to the defendant or defendants against whom he recovers, and for the other defendant or defendants against the plaintiff. 10, 11 V. c. 11, s. 2. 3. If any defendant in any action on any simple contract in or with regard to any commercial matter, pleads any matter in liable under this abatement, to the effect that any other person or persons ought to be jointly sued, and issue is joined on such plea, and it appears at the trial or otherwise, that the action could not by reason of this Act be maintained against the other person or persons named in such plea or any of them, the issue joined on such plea shall be found against the party pleading the same. lbid, s. 3. Effect of indor sement of pay 4. No indorsement or memorandum of any payment written ment on a note or made upon any promissory note, bill of exchange or other writing, by or on behalf of the party to whom such payment is made, shall be deemed sufficient proof of such payment so as to take the case out of the operation of this Act. İbid, s. 4. or bill. Act to apply to 5. This Act shall apply to the case of any debts pleaded mercial nature, alleged by way of set-off on by way of set off. defendant, either by plea, notice or otherwise. Promise after full age to pay a debt contracted while a minor, must be 6. In or with regard to any commercial shall be maintained whereby to charge any promise made after full age to pay any debt infancy, or upon ratification after full age debt of a comthe part of any Ibid, s. 5. matter, no action person, upon any contracted during of any promise of contract contract in any such matter made during infancy, unless such in writing to promise or ratification is made by some writing signed by the give a right of party to be charged therewith. 10, 11 V. c. 11, s. 6. action. a written me 7. In or with regard to any commercial matter, no action Cases of guashall be maintainable whereby to charge any person upon or rantee in which by reason of any representation or assurance made or given morandum is concerning or relating to the character, conduct, credit, ability, requisite. trade or dealings of any other person, to the intent or purpose that such other person may obtain credit, money or goods thereupon, unless such representation or assurance is made in writing, signed by the party to be charged therewith. Ibid, s. 7. c. 3, to extend 8. The enactments of the Act passed in England in the Provisions of twenty-ninth year of the reign of King Charles the Second, and 29 Charles 2, intituled An Act for prevention of frauds and perjuries, are to contracts for declared to extend and shall extend in Lower Canada, to all goods to the value of $48 663. contracts for the sale of goods of the value of forty-eight dollars and sixty-six cents and two thirds of a cent (or ten pounds sterling,) and upwards, notwithstanding the goods are intended to be delivered at some future time, or are not at the time of such contract actually made, procured or provided, or fit or ready for delivery, or some act is requisite for the making or completing thereof, or rendering the same fit for delivery. Ibid, s. 8. And see as to evidence in commercial cases, cap. 82, post. TITLE 9. JOINT STOCK COMPANIES. CAP. LXVIII. An Act respecting Mutual Insurance Companies. ER Majesty, by and with the advice and consent of the follows: establishment 1. Any ten freeholders, in any county in Lower Canada, Preliminary may call a meeting of the freeholders of the county (and meeting for the of any number of adjoining counties not exceeding five, if of the Comthey think it necessary) for the purpose of considering whether pany. it is expedient to establish in such county or counties fire insurance company on the principle of mutual insurance : 2. Such meeting shall be called by an advertisement men- Notice of meettioning the time, place and object of the meeting, and published ing. and Number of free ed to be pre sent. and posted on the door of the church of each parish, seigniory or township within such county or counties, on one Sunday or holiday immediately after Divine Service in the forenoon, and inserted during three weeks immediately preceding the meeting, in some newspaper published in the district in which the meeting is to be holden, if any is published therein. 4 W. 4, c. 33, s. 1, and 6 W. 4, c. 33, s. 3. 2. If at such meeting there are not fewer than forty freeholders requir-holders present, and a majority of them determine that it is expedient to establish such company, they may elect three persons from among the freeholders of the county or counties, to open and keep a book, in which all freeholders in the county or counties may sign their names, and enter the sums for which they shall be respectively bound to effect insurance with the company. 4 W. 4, c. 33, s. 2. Company conporation. stituted a Cor Corporate name and powers. Company may sue, &c., hold real estate and make By-laws. Only one company may be established in a county. 3. Whenever the number of persons duly qualified, who have signed their names in the said subscription book, is sixty or more, and the sums for which they have bound themselves to effect insurance amount together to sixty thousand dollars, or upwards, such persons, and all other persons who may thereafter become members of the company, by effecting insurances therein in the manner hereinafter provided, shall be a body politic and corporate by the name of The Mutual Fire Insurance Company, and their legal addition shall be, of the county (or counties,) by name, for which the company has been established; and by that name they may mutually insure their respective dwelling houses, shops, stores and other buildings, household furniture and merchandize, against loss or damage by fire, whether happening by accident, lightning, or by any other means, except that of design in the insured, or by the invasion of an enemy, or by an insurrection : 2. And by the same name the company may sue and be sued, appear, prosecute and defend in any court of competent jurisdiction, purchase and hold personal estate, and may hold real estate, to the annual value of two thousand dollars, and no more, and may sell and convey the same at their pleasure; and may make and execute such by-laws, not contrary to the provisions of this Act or to the laws of this Province, as they deem expedient; and may do and execute all acts and things necessary for carrying this Act into effect. 4 W. 4, c. 33, s. 3, and 6 W. 4, c. 33, s. 2. 4. Whenever any such company is established in and for any county, or any two or more counties, no other such comshall be established in and for the same or any of them, pany and (except in the case provided for by the two next sections,) the company so first established shall (subject to the exception aforesaid) alone have the right of mutually insuring, under this Act, property lying within such county or counties: less, be effected 2. But nothing herein contained shall prevent any such But Insurance property from being insured by any person or company by may, neverthewhom it might lawfully be insured without this Act, nor shall with other prevent any company, after it has been lawfully incorporated companies. under this Act, from insuring any property, moveable or immoveable, lying within the county or counties for which it is established, although the owner of such property be not a freeholder in such county or counties, or shall prevent any person so insured from becoming a member of the company; 4 W. 4, c. 33, s. 4, and 14, 15 V. c. 21, s. 3. 3. And any such company may admit as a member thereof the owner of any property situate within any county other than the county or counties for which it is established, and may insure any property of such person so situate as aforesaid; and each person so admitted as a member of any such company shall have the same rights, and be subject to the same liabilities as the other members of the said company. 14, 15 V. c. 21, s. 3. Persons in other counties ry of the company. may be mem establish a se 5. Whenever in any county in Lower Canada there is any Cities and city or town having a population of more than five thousand towns, in cersouls, according to the then last census, the freeholders of such tain cases, may county residing out of the limits of such city or town, may parate comestablish a Mutual Fire Insurance Company for the insuring of pany. property within such county but not within such city or town, although another company may have been already established in and for such county, and the provisions of this Act shall apply to any company established under this section: Ibid, s. 1. panies to re 2. But nothing in this section shall prevent the inhabitants of But the rights the country parts of any such county as aforesaid, or any of of county comthem, from insuring their property therein in any Mutual Fire main the same. Insurance Company lawfully established for the whole county including the cities and towns, if they prefer so to do, or shall invalidate or affect the rights of any such last mentioned company. Ibid, s. 2. mains a mem 6. Every person who at any time becomes interested in any How long percompany incorporated under this Act by insuring therein, shall son insured rebe a member thereof, during the time specified in his policy, ber. and no longer, and shall during such time be bound by the provisions of this Act. 4 W. 4, c. 33, s. 5. Directors. 7. Any ten members of any such company may call the first First meeting meeting of the same, by notice given in the manner prescribed for election of with regard to the preliminary meeting; and at such meeting the said company may elect, by a majority of votes of the members present, a board of directors consisting of not more than nine, nor less than five members of the corporation : |