depose and say, that the facts articulated and set forth in the annexed opposition, and each and every of them, is and are true; and that the said opposition is not made with any intent unjustly to retard or delay the execution of the judgment recorded in this cause, but that the same is made in good faith for the sole purpose of obtaining justice, and the said deponent hath signed (or hath declared himself unable to sign, being thereunto duly required). Signature of the Judge, Prothonotary, Clerk or Commissioner. SCHEDULE D. Affidavit of Service under Section fifty-eight of this Act, to be indorsed on the Writ of Summons. A. B., of being duly sworn, doth depose and say, (that he is a Bailiff entitled to serve process of the County Court of the County of , in Upper Canada,) and that he served the within Writ of Summons on C. D., the Defendant (or as the case may be) therein named, on the day of at in the said County, by delivering to him personally a true copy of the said Writ (or as the case may be) by leaving a true copy thereof for the said C. D. with a grown up person of his family at his domicile in the said County: and Deponent hath signed. Signature of the Commissioner or Justice of the Peace. [N. B.-Omit the words " that he is a Bailiff entitled to serve process of the County Court of the County of in Upper Canada," when the service has been made by a literate person who is not a Bailiff, or being a Bailiff is not entitled to serve process of the County Court in such County. See sect. 58.] САР. CAP. VI. Preamble. Foreign Exe-cutors and tors, &c., enabled to sue and be sued in Lower Canada. An Act to enable Foreign Executors, Administrators and Corporations, to sue and be sued in LowerCanada. [Assented to 30th June, 1858.] WHEREAS doubts have arisen whether Foreign Exe cutors and Administrators, as well as Joint-Stock Companies and Corporations incorporated and erected as well by Acts of Foreign Legislatures or Governments as by the Legislature of Upper Canada before the re-union of Upper and Lower Canada, have the right to sue or are liable to be sued in Lower Canada, and it is fitting and proper such doubts should be removed, and that such Executors and Administrators and Corporations or Joint Stock Companies should be entitled to sue and be liable to be sued in the same way as private individuals Therefore, Her Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows: 1. All Executors of Wills, and all Administrators, or other Administra- legal representatives of the estate of any person dying in or out of Lower Canada, but seized of real or personal effects or rights of action there, and all other persons who either by the law of Upper Canada or by the Law of any Country or State whatever where the deceased may have died or have made his will, may be legally seized of the estate of the deceased or represent him in law, shall be recognized, and the legal capacity of any such Executor, Administrator or Representative shall be of equal validity and effect, by and before all Judges and Justices, and by and before all Courts in Lower Canada, and to all other legal intents, as in the Country or place where he or they may reside or have been named and appointed, or where the will of the deceased may have been made, notwithstanding that such Executor or Administrator or Representative, may reside out of Lower Canada. enabled to sue and be sued in Lower Canada. Foreign Cor- 2. All Joint Stock or other Companies or bodies politic and porations, &c., corporate, who may have a legal capacity in the jurisdiction wherein they were or hereafter may be respectively erected or recognized, and all person or persons on whom by any properly constituted authority or law, whether of the heretofore Province of Upper Canada, or of the Imperial Parliament of Great Britain and Ireland, or of the United States of America, or of any of them, or of any other foreign state, colony or dominion, may have been or shall be conferred the right or power of suing or being sued, shall have the like capacity in Lower Canada, to bring and defend all actions, suits, plaints, bills and proceedings whatsoever,---and shall, by and and before all Courts, Judges and Judicial authorities whatever in Lower Canada be held in law to be capable of suing and being sued, pleading and being impleaded, answering and being answered unto in the same name, manner and way as they could or might respectively be within the jurisdiction wherein such executors or administrators or person, body politic and corporate, Joint Stock Company or Association of persons, are or may be respectively created, erected or cognized. cess on agents, 3. In whatever part or place in Lower Canada, any Service of prosuch executor or administrator or person, company or body &c., or at ofpolitic or corporate, joint stock company or other body or fice of any association of persons recognized by any foreign law as such executor, aforesaid, may have an office for the transaction of or may . C. to be company, &c., carry on business, such executor or administrator, company, good. body politic or corporate, joint stock company or other body or association, shall be liable to and may be sued and impleaded in Lower Canada, and a service of any process at any such office, or on any agent at the place or within the district or part of Lower Canada where such action may be brought, of any such Company, body politic or corporate, joint stock company or other body, shall be deemed and taken to be, by and before all Courts and Judges whatever, a good and valid service to compel the appearance of and make any such executor or administrator, body politic or corporate, joint stock company or association of persons, amenable to the laws of Lower Canada, and to give such Court or Judge jurisdiction over such defendants. CAP. VII. An Act to facilitate the proof in Lower Canada of certain Instruments executed without that section of the Province. W [Assented to 30th June, 1858.] HEREAS it is expedient to facilitate the proof in Lower Preamble. limits of that section of the Province, the originals whereof are 1. A Notarial copy of any power of Attorney purporting to Notarial cobe executed out of Lower Canada, in the presence of one or pies of powers of Attorney more witnesses, and to be authenticated by or before any attested beMayor or other Magistrate, Judge of any Court of Record, fore foreign British Consul or other Public Officer of the Country where it public Officers, and deposited bears date, the original whereof may be deposited for any with any Nopurpose with any Notary Public in Lower Canada, and tary to be which copy shall be certified in the ordinary form by the Notary primâ facie having the custody of the original, shall be taken and received by and before all Courts and elsewhere in Lower Canada, as prima facie evidence of the original and of the due execution thereof; and such power of Attorney shall be held and taken to be authentic and duly proved in the manner aforesaid, unless the authenticity thereof be specially put in issue as hereinafter mentioned. 2. It shall be competent for any interested party to deny the authenticity of the original of any such copy, by filing with the plea denying such authenticity, an affidavit to the effect that he has reason to doubt, and does not believe, that the same was executed or attested by the person or persons nor in the manner it purports to be, and by entering security, to the satisfaction of a Judge, for all costs attending the execution of any commission to be issued to prove such power of Attorney; it shall then be incumbent on the party wishing to use the copy, to prove the original thereof in due form of law, to which end the Notary having the custody of such original shall be bound, on the order of any Judge, to deposit the same in Court in the cause wherein it is put in issue, first detaching the same from any original minute whereto it may have been annexed, and taking at the expense of the party, a true and exact copy thereof collated in due form of law, which shall for the time being remain of record with him in lieu of the original; and it shall be the duty of all Judges and Courts to grant such order, on petition, any law or custom to the contrary notwithstanding; and the original may thereupon be annexed to any Commission to be issued for the proof thereof. Costs of proof, 3. If such power of Attorney is duly proved, all costs how payable. incurred on the proceedings for proving it shall be taxed against and payable by the party denying the authenticity of the same, whatever may be the final judgment in the cause. Preamble. Term of Clerk CAP. VIII. An Act to amend the laws relating to admission to the Notarial Profession in Lower Canada. W [Assented to 30th June, 1858.] HEREAS it is just to grant to candidates for the notarial profession in Lower Canada, advantages equivalent to those enjoyed by candidates for the profession of advocate, or for the medical profession, in that section of the Province: Therefore, Her Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows: 1. Any law student who, having conformed to the other proship shortened visions of the law regulating the admission to the study of the for students notarial law in a col examination notarial profession in Lower Canada, shall, before or simul- who have gone taneously with his period of service under a practising notary, through a rehave pursued a complete and regular course of legal studies gular course of in any school or faculty of law, legally established, in any lege, &c, in college or university in Lower Canada, in conformity with Lower Canada, the statutes of such college or university, shall only be bound and passed his to serve three years of clerkship, and shall be admitted to the there. notarial profession after he shall have submitted to an examination before the Board of Notaries for the district in which. he shall have studied, and upon production of a certificate from the Rector, Principal, Superior, or other chief officer of such college or university, setting forth that such student has really and bona fide pursued the complete and regular course of study required by this Act, and has succeeded in passing the examinations required by the statutes of such college or university. 2. The provisions of this Act shall apply also to law students To what studfor the notarial profession, who shall be regularly indentured ents this Act under articles at the time of the passing of this Act. shall apply. 3. Any Act or part of any Act contrary to the provisions of Repeal of inthis Act, are hereby repealed, in so far only as regards students consistent who shall comply with the requirements of this Act. 4. This Act shall be a Public Act. CAP. IX. An Act to amend the Act passed in the twentieth year of Her Majesty's Reign, intituled, An Act to extend the right of Appeal in Criminal Cases in Upper Canada. WHERE section of the [Assented to 30th June, 1858.] Fifth Section of the said Act: Therefore, Her Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows: 1. The word "Terms" shall be struck out of the said fifth section, and the word "Term" inserted and read in lieu thereof. enactments. Public Act. Sect. 5 of 20 V. c. 61 amended. CAP. |