Repeal of And part of And of all enactments 68. From the time when this Act shall commence and take effect, the whole of an Act of the Parliament of Upper Canada, passed in the thirty-third year of King George the Third, 33 G. 3, c. 8; Chapter eight, intituled, An Act to establish a Court of Probate in this Province, and also a Surrogate Court in every District thereof, the fourth, fifth and sixth sections of an Act passed in the eighth year of King George the Fourth, chapter six, intituled, An Act respecting the appointment of Guardians, and so much of the said last mentioned Act as relates to or confers any authority on the Court of Probate, and also the seventh section of the Act passed in the sixteenth year of the Reign of Her present Majesty, chaptered nineteen, and intituled, An Act to repeal the Acts therein mentioned, and to improve the law with this Act. of evidence in Upper Canada, together with all other Acts or parts of Acts of the Parliament of Upper Canada, or of this Province, at variance or inconsistent with the provisions of this Act, shall be and the same are hereby repealed, except so far as the said Acts or any of them, or any thing therein contained, repeal any former Act or Acts or any part thereof, all which said last mentioned Acts shall remain and continue so reExceptions to pealed, and excepting also so far as the said Acts or parts of Acts hereby repealed and provisions thereof or any of them, shall and may be necessary for supporting, continuing and upholding any proceedings that shall have been had or taken before the commencement of this Act. inconsistent repeal. When this Act 69. This Act shall come into operation on the first day of Sepshall come into tember next, except the provisions contained in the fourteenth and fiftieth sections which shall come into operation on the passing of this Act. operation. Short Title of this Act. 70. In citing this Act in any instrument or document of proceeding, it shall be sufficient to use the expression" the Surrogate Courts Act 1858." SCHEDULE A. Fecs to belong to and to be paid over to fee fund. TO BE RECEIVED BY REGISTRARS. On every application for Probate or administration On certificate of Surrogate Clerk upon such appli- On every instrument or process with Seal of Court, 50 cents. 50 cents. 50 cents. 50 cents. On On every Grant of Probate or Administration, as follows viz: Where property devolving is under $1,200 $1 $4,000... Where property devolving is above $8,000 On every final Judgment in contentious or disputed case..... On deposit of wills for safe custody, each... TO BE RECEIVED BY SURROGATE CLERK. On every search for grant of Probate, administration, On entry of every appeal... On every decree on appeal nd transmission, exclusive of postages... On entry of Caveat... $2 $1 50 cents. 50 cents. 50 cents. 50 cents. 50 cents. $2 50 cents. SCHEDULE B. Fees allowed to Judge. On every grant of Probate or administration where property devolving is under $1200, the sum of $2; from $1200 to $4000, the sum of $3; where above $8000, the sum of $7; on every appointment of a guardian, $2; on every order, 50 cents; on every special attendance or purpose of audit, $1; for every days sittings in contentious or disputed cases, $2; together with 20 cents per folio on evidence, if taken, before Judge. CAP. XCIV. An Act to extend the provisions of the Act to amend the Law for the admission of Attorneys. [Assented to 16th August, 1858.] WHEREAS it is expedient to extend the provisions of the Preamble. Act passed in the twentieth year of Her Majesty's Reign, intituled, An Act to amend the Law for the admission of Allorneys: 20 V. c. 63. Therefore, Her Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows: 1. Whenever by reason of the expiration of the period of Where certain contract of service during any Term of Hilary, Easter, Trinity requisites of or 20 V. c. 63, cannot be complied with, Law Society, upon proof furnished, may afford relief and exa mine the applicant; but certificate can not be granted until the Articles, Affida vits, &c., have been left with Secretary of Law Society. Proviso: to apply only to contracts of service made before 1st July, 1858. In lieu of certain certificates required by sect. 5 of davit that no against him. or Michaelmas, it shall be impossible for any applicant for examination and admission under the said Act to comply with the requisites of the said Act, in respect to the leaving of the contract of service and any assignment thereof, together with the affidavit of due execution thereof, and of due service thereunder, with the Secretary of the Law Society of Upper Canada, fourteen days next before the first day of any such Term, it shall be lawful for the Law Society of Upper Canada, upon satisfactory proof that the day of expiration of such contract of service has not arrived, but will arrive previously to the last Thursday in the then present Term of Hilary, Easter, Trinity or Michaelmas, in which such applicant seeks admission, and upon being satisfied in all other requisites of the said Act, to proceed to the examination of such applicant notwithstanding such service not having been completed: but no certificate of due service, fitness and capacity shall be issued by the Law Society as required by the said Act, until the said contract of service and affidavits, and all other documents required by the said Act have been left with the Secretary of the Law Society of Upper Canada; Provided that this Section shall apply only to such persons as have entered into contracts of service prior to the first day of July, one thousand eight hundred and fiftyeight. 2. It shall not be requisite for any applicant under the Fifth Section of the said Act to produce a certificate under the seal of any of the Societies or Inns of Court in England, Scotland, or Ireland, duly authorized in that behalf, when such applicant shall have been called to the Bar, or of any such Court or Courts, and duly attested under the hand of the proper Officer of such Society or Inn of Court, or of such Court or Courts, to the effect that the said applicant was at the date thereof on the Books of the said Society or Inn of Court, or on the Roll of Attorneys or Solicitors of such Court or Courts, and that no application to any of tlfe Societies or Inns of Court, or to any of the Court or Courts in the said section mentioned, had been made since his admission thereto against such person for misconduct in such his capacity of Attorney or Solicitor; neither shall it be necessary to produce a certificate under the hands of two or more persons of the good moral character of the applicant, but in lieu thereof shall be left with the Secretary of the Law Society of Upper Canada, contemporoneously with the several certificates of such applicant having been called to the Bar, or of his admission and enrolment as an Attorney or Solicitor as in the said section mentioned, an affidavit of such applicant, to the satisfaction of the Law Society of Upper Canada, that no application, (in the case of a Barrister to any Society or Inn of Court, and in the case of an Attorney or Solicitor to any such Court or Courts, as the case may be,) has been made since his admission thereto against such person to disbar him or to strike him off the rolls of any such Court, or otherwise to disqualify him from further practice for misconduct in such his capacity of Barrister, Attorney or Solicitor : Provided that the Law Society of Upper Canada may, in any Proviso: that such case, where it shall appear to them expedient for purposes Law Society of further enquiry or investigation, suspend for a period not may suspend exceeding twelve months, their final decision in respect to the their decision granting or refusal of this certificate and provided also that when enquiry the said fifth section shall also apply to persons heretofore is deemed excalled, or who may hereafter be called to the Bar in Upper pedient. Canada. 12 months, extended to 3. The provisions of the seventh and eighth sections of the Time for filsaid Act, in so far only as they require the filing of the contract ing articles of service and affidavit annexed within three months after the and affidavits execution of the same, shall not apply to contracts of service 1st January, entered into between the passing of the said Act and the first 1859. day of July, one thousand eight hundred and fifty-eight and in case any person, having entered into such contract of service between the passing of the said recited Act and the first day of July, one thousand eight hundred and fifty-eight, shall have neglected to have made and filed the affidavits required by the said seventh and eighth sections of the said recited Act, within the period of three months from the true date thereof as therein specified, it shall be sufficient that such affidavit shall be so made and filed before the first day of January, one thousand eight hundred and fifty-nine. on proof made, 4. No person who has heretofore, or who shall hereafter, Where articles become bound under a contract of service shall be admitted or affidavit or an Attorney or Solicitor before such contract and affidavit ment cannot together with any assignment thereof, so marked respectively be produced, as by the said recited Act or this present Act required, shall Law Society, have been produced to the Law Society of Upper Canada in may dispense pursuance of the provisions in the said recited Act, and also with their hereinbefore contained, unless the said contract of service, production. affidavit and any assignment or any of them cannot be produced, in which case the Law Society of Upper Canada may, on application in that behalf to be made to them at least fourteen days next before the first day of the Term in which any applicant seeks admission, and on being satisfied of such fact, in their discretion, dispense with the production thereof; and the certificate of the Law Society of Upper Canada of such dispensation shall be sufficient in lieu of the production of the required contract and affidavit and any assignment thereof under the Proviso to the sixth section of the said Act amended. offices disqua 5. From and after the passing of this Act, no person shall Parties holdpractise as an Attorney or Solicitor of any Court of Law or ing certain Equity in Upper Canada, who shall, either in his own person, lified from or by his partner, deputy, or agent, or in the name of any other practising as person, or otherwise, directly or indirectly hold, possess, practise, carry on, or conduct any of the offices of Clerk of the Crown and Pleas of the Courts of Queen's Bench and Common Attorneys or Penalty for practising in contravention of this Act. Proviso. Repeal. Preamble. Governor may, Common Pleas, Deputy Clerk of the Crown and Pleas of any County or Union of Counties, Registrar of the Court of Appeals, Clerk of the County Court, Clerk of a Division Court, or Registrar of any County, or Union of Counties, in Upper Canada; and every such person so practising shall be subject to the forfeiture of such office, and shall, in addition thereto, be subject to a penalty of Five Hundred Pounds, to be recovered in an action of debt in Her Majesty's Court of Queen's Bench for Upper Canada, to the use of Her Majesty, Her Heirs and Successors; Provided always that nothing herein contained shall be construed to extend to any Deputy Master or Deputy Registrar of the Court of Chancery. 6. The Twelfth Section of the said Act is hereby repealed. An Act to provide for the establishment of separate W [Assented to 16th August, 1858.] HEREAS it would tend to facilitate the transfer of Real Estate and to the convenience of inhabitants of Cities and of Junior Counties and Ridings of Counties not set apart for Judicial and Municipal purposes if Registry Offices were established therein respectively from time to time, as the necessity therefor may appear: Therefore, Her Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows: 1. It shall be lawful for the Governor of this Province, so often. by proclama as he shall deem the circumstances of any City, or of any Junior tion, establish a Registry of an Union of Counties, or Riding of a County or County Office in any Counties not set apart for Judicial or Municipal purposes, such City, Junior as to call for or render expedient and advisable the establishCounty or Riding of a ment therein of a separate Registry Office for the registration County; of Deeds, Conveyances, Wills, Judgments and other documents or incumbrances which may affect any lands, tenements or hereditaments within such City or Junior County or Riding of a County or Counties, by an Order in Council to cause to be issued a Proclamation under the Great Seal of this Province, and thereby to set apart and establish a Registry Office for such City or Junior County or Riding of a County or Counties, and in the case of a Junior County or Riding of a County or Counties, to name some place where the Office of the Registrar shall be held until the dissolution of such Union of Counties or erection of such Riding into a separate County and the fixing therein of a County Town, when such Registry Office shall be removed to and kept in such County Town. And appoint the place thereof in a Junior County or Riding. |