1886. CAP. 13. in certain 47 and in pursuance of any power of attorney, or any power, principal valid whether in writing or verbal, and whether expressly or cases. impliedly given, or an agency expressly or impliedly created after the death of the person who gave sach power or created such agency, or after he has done some act to avoid the power or agency shall, notwithstanding such death or act last aforesaid, be valid as respects every person party to such payment or act to whom the fact of the death or of the doing of such act as last aforesaid. was not known at the time of such payment or act bona fide done as aforesaid, and as respects all claiming under such last mentioned person. made bona fide 35. Any person making or doing any payment or act in Payments to good faith, in pursuance of a power of attorney, shall not be agent valid if liable in respect of the payment or act by reason that before the payment or act the donor of the power had died or become lunatic, of unsound mind, or bankrupt, or had revoked the power, if the fact of death, lunacy, unsoundness of mind bankruptcy or revocation, was not at the time of the payment or act known to the person making or doing the same. (1.) But this section shall not affect any right against the Proviso. payee of any person interested in any money so paid; and that person shall have the like remedy against the payee as he would have had against the payer if the payment had not been made by him. pass by repre 36. In case of an injury to the real estate of any person Action of trescommitted within six months next prior to his decease, his sentatives. executors or administrators may maintain an action of trespass or of trespass on the case therefor, according to the nature of the injury, if brought within one year after his decease, and the damages, when recovered, shall be part of his personal estate. representa 37. In case any deceased person within six months next Action against previous to his decease committed a wrong to another person tives for torts. in respect of such other person's real or personal property, the person so wronged may, within six months after the executors or administrators of the person who committed the wrong have taken upon themselves the administration of his estate and effects, maintain an action therefor of trespass or of trespass on the case, according to the nature of the wrong, against such executors or administrators, and the damages recovered in such action shall be payable in like order of administration as the debts of deceased persons. rent. 38. The executors or administrators of any lessor or land- Distress for lord may distrain upon the lands demised for any term or at will, for the arrearages of such rent due to such lessor or landlord in his lifetime, in like manner as such lessor or landlord might have done if living. 48 Distress within six months. Actions on covenant sentatives. CAP. 13. 49 VIC. 39. Such arrearages may be distrained for at any time within six months after the determination of the term or lease, and during the continuance of the possession of the tenant from whom the arrears became due; and the powers and provisions continued in the several statutes relating to distresses for rent shall be applicable to the distresses so made as foresaid, 40. In case any one or more joint covenantors, contractors, against repre- obligors or partners die, the person interested in the covenant, contract, obligation or promise entered into by such joint covenantors, contractors, obligors or partners may proceed by action against the representatives of the deceased covenantor, contractor, obligor or partner in the same manner as if the covenant contract, obligation or promise had been joint andseveral, and this notwithstanding there may be another person liable under such covenant, contract, obligation or promise still living, and an action pending against such person; but the property and effects of stockholders in chartered banks, or the members of other incorporated companies, shall not be liable to a greater extent than they would have been if this section had not been passed. Proviso. Costs of suit on administravit. 41. In any suit brought against an executor or administraplea of plene tor, after the passing of this Act, in which the plaintiff shall not allege in his declaration that he admits the defendant has duly administered all the personal estate and effects of the deceased which have come to his hands to administer, and the defendant shall plead plene admininstravit, and the plaintiff admits the truth of the said plea or fails to disprove the truth thereof at the trial of the suit, the plaintiff shall pay to the defendant his costs of this defence in the suit, as the case may be, without any deduction or set-off. Retroactive effect of sections. Retroactive effect of sections. Acts repealed. 42 Sections 2, 3, 4, 5, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 28, 29, 30, 31, and 32 shall apply to powers and trusts created before or after the passing of this Act, but nothing herein contained shall apply to or affect acts and things done or completed before the passing of this Act. 43. Sections 33, 34 and 35 shall apply to all payments made and acts done after the passing of this Act, pursuant to a power given before. 44. Sections 9, 10 and 11, chapter 47, of the Consolidated Statutes of Manitoba, and chapter 13 of the Statutes passed in the 43rd year of Her Majesty's reign, and chapter 21 of the Statutes passed in the 48th year of Her Majesty's reign, are hereby repealed. 45. Section eleven, chapter 47 of the Consolidated Statutes C. S. M., c. 47. of Manitoba is hereby repealed. sec. 11 repealed ✓ CAP. XIV. An Act to respecting The Court of Queen's Bench. H [Assented to 28th May, 1886.] ER MAJESTY, by and with the advice and consent for equitable remedy. 1. Any person having a purely money demand may pro- Actions at law ceed for the recovery thereof by an action in the Court of Queen's Bench at common law, although the plaintiff's right to recover may be an equitable one only, and no plea, demurrer or other objection on the ground that the plaintiff's proper remedy is on the equity side of said court, shall be allowed in such action; but the court or a judge thereof shall have the discretionary power hereinafter mentioned to transfer equity suit. matters to the equity side of the said court where the ends of justice so require. R. S. O., c. 49, s. 4. Transfer of at law. 2. Any party to any action at law may, by plea or any Equitable subsequent pleading, set up facts which entitle him to relief pleas in actions upon equitable grounds, although such facts may not entitle him to an absolute, perpetual and unconditional injunction in a court of equity, and although the opposite party may be entitled to some substantive relief as against the party setting up such facts; and such plea and other subsequent pleading shall begin with a statement that it is upon equitable grounds. ment. 3. In case the defendant or any other person not named in Equitable plea a writ of ejectment, who has obtained leave to appear and to writ of ejectdefend, has a defence to the action upon equitable grounds he may, in addition to the notice denying the plaintiff's title and asserting title in himself, state by way of defence the facts which entitle him, on equitable grounds, to retain possession; and such statement shall begin with the words "for a defence on equitable grounds." be to part of pro 4. Such defence upon equitable grounds may be set up as Plea may apply to the whole of the property mentioned in the writ, or may limited to part thereof. perty only. 5. Where a defence on equitable grounds is set up under the two preceding sections, the plaintiff may, within the same reply. Equitable Plaintiff may demur or reply time as he may now reply to a plea on equitable grounds in any other action, file a statement setting up any facts which avoid such defence on equitable grounds; and such statement shall begin with the words "for a reply to the defendants' statement of defence on equitable grounds.' 6. The plaintiff, instead of filing a statement under the in part and de- foregoing section, may demur to the statement of facts filed by the defendant, or he may file a statement in reply as to part, and demur as to other part. mur as to other part. In common law action court may decrees and orders. 7. For the purpose of carrying into effect the objects of this Act, and for causing complete and final justice to be done in grant equitable all matters in question in any action on the common law side of the court, the court or a judge thereof, according to the circumstances of the case, may at the trial or at any other stage of the action or other proceeding, pronounce such judgment, or make such order or decree as the equitable rights of the parties respectively require, and may make such rule or order as to adding third persons as parties to proceedings, striking out parties, or treating parties named plaintiffs as defendants, or parties named defendants as plaintiffs, and as to costs, and may direct such inquiries to be made and accounts to be taken as seem reasonable and just; and may as fully dispose of the rights and matters in question as a court of equity could. R. S. O., c. 49, s. 5. No objection allowed that party should at law, etc. 8. Where a suit is instituted or where a petition is filed in the court for the purpose of establishing the title of the plainfirst have sued tiff or petitioner to any real property, no objection to such suit or proceeding shall be allowed upon the ground that the plaintiff or petitioner should first have sued at law, or would have an adequate and complete remedy at law by action of ejectment or otherwise; and if it appears upon the hearing or other determination of such suit or proceeding that the plaintiff or petitioner is entitled to the possession of such real property, he may obtain an order against the defendant or respondent for the delivery of such possession and writs of execution shall issue accordingly. Equity side has common law jurisdic may be transferred. 9. The said court in any suit or other proceeding instituted on the equity side thereof shall have jurisdiction in all matters tion; but suit which would be cognizable in a court of law and may grant therein to any person all such relief and remedies as he may be entitled to; but in case at any stage of the cause in equity, it appears to the court or a judge thereof that the suit or proceeding may, for any reason, be more conveniently, expeditiously or inexpensively carried on or dealt with on the common law side of the said court, the court, or a judge thereof, may order the suit or proceeding to be transferred to the common law side of the said court as the said Court or Judge thinks proper; And such order may be made by such Court or Judge sua sponte or upon the application of either party to the Court or Judge on notice to the other parties interested, and may be made at any stage of the suit or proceeding: And the Court or Judge may make any order as to costs which seems rea sonable. R. S. O., c. 29, s. 21. of pleadings to 10. Where an order is made under the foregoing section Transmission the proper officer of the equity side of the said court shall common law annex together all the pleadings and papers filed, and transmit side. the same together with the order of transference or a copy thereof to such officer of the common law side of the court as the order directs. Id. s. 22. 11. If it appears to the court or a judge thereof that any Transfer of actions to equity equitable question raised in any action or other proceeding on side. the common law side of the court cannot there be dealt with so as to do complete justice between the parties or may for any other reason be more conveniently, expeditiously or inexpensively carried on or dealt with on the equity side of the court, the court or judge may order the action or proceeding to be transferred to the equity side of the said court and such order of transference may be made by the court or judge sua sponte, or upon the application of either party on notice to the other parties interested and may be made at any stage of the action or other proceeding; and the Court or Judge may make any order as to costs which seems reasonable. Id. s. 23. of pleadings. 12. Where an order is made under the foregoing section, Transmission the proper officer of the common law side of the court shall annex together all pleadings and papers filed, and transmit the same together with the order of transference or a copy thereof to such officer of the equity side of the said court as the order directs. Id. s. 24. 13. Where a transfer has been made under either the tenth Proceedings after transfer or the twelfth section of this Act, the suit, action or other of suit or proceeding shall thereafter proceed on the side of the said action. court to which it has been transferred, and the judges and the officers thereof shall have the same powers and perform the same duties in relation thereto, and the practice and orders of that side of the said court shall in all respects or as nearly as may be, apply as if the suit had originally been instituted as an action, suit or proceeding on that side of the said court, but no further or other pleadings shall be necessary than the original pleadings on the side of the said court from which such suit, action or proceeding was transferred, unless specially ordered by the court or judge. Id., s. 25. 34 amended. 14. Section thirty-four of chapter 15 of the Statutes of this 48 Vic., c. 15, s. Province, 48 Victoria, is hereby amended by adding the following as sub-section (2): Ꭰ |