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The Pamphlet Collection of Sir Robert Stout: Volume 47

Revised Statutes Amendment

Revised Statutes Amendment.

Chap. 8.—The townships of Hagarty, Sherwood, Jones, Richards and Burns are transferred from the district of Nipissing to the County of Renfrew.

Four Judges of the Court of Appeal must sit to hear appeals from a Superior Court, and three in cases from Inferior Courts. Not more than four may sit except forgiving judgments.

No Senator or M. P. may be appointed by the L. G. in C. to any office of emolument. except as J. P., Coroner. N. P. or the like offices.

The Chief Justice of the Queen's Bench and Common Pleas meet on the first day of every term, and as often as maybe necessary, and transfer such motions and causes from one Court to the other as may be necessary to equalize the business.

No fees are payable on filing pleas, Ac., in Chancery, to the suitors' fee fund.

Power is given to the Superior Courts to receive, further evidence in cases of appeal in like manner as the Court of Appeal may do.

Examinations taken by short-hand writers may be taken down by question and answer, and need not be read over and signed unless the Judge or one of the parties requires it. When certified by the person taking them they have the effect of original depositions.

A plaintiff not complying with an order for examination, discovery or inspection may have his cause dismissed, and a defendant have his defence struck out, and the law respecting such examination, &c., applies as far as practicable to parties residing out of Ontario Service on the attorney and solicitor is in such cases sufficient. When there is none the court or judge may make a special order.

The salary of the Police Magistrate at Niagara Falls is made subject to annual vote.

If upon application to permit the sale of land without charge for dower, upon the ground that the wife has been living apart from her husband for two years under circumstances forfeiting her claim for alimony, if the Judge find she has not been so living apart, he may yet order the sale, deciding the amount of charge for dower which shall remain upon it, or be paid and applied for her benefit.

When a person has, in his life policy, directed payment to his wife and children, he may still borrow money on its security in order to pay the premiums, and it becomes a first charge upon the moneys pay-able when it falls in.

The L. G. may appoint a person not practising medicine or connected with a medical school to be Inspector of Anatomy for such district as is assigned to him.

Directors of Joint Stock Co's. may, by by-law, authorize the issue of preferential stock; and, after unanimous approval by the shareholders, issue it. The holders may be given the right to elect a certain No. of directors, or such other control as may be expedient. Except as to matters provided for in the by-law, they have the same rights and liabilities as ordinary shareholders.

The guarantee capital or fund of a Mutual Fire Insurance Co. is to be regulated by the Acts in force before 29th March, 1873.

Moneys due by Benevolent, Provident and other Societies, under their rules are exempted from claims of creditors and others up to $2,000, and should be paid by the Treasurer to the person entitled under the Society's rules, or expended according to them. If this be done the Society is free: but the right of a person lawfully entitled to them against one who has wrongfully received such moneys is preserved.

Persons resident more than three miles from a school in an unorganized township or in a municipality composed of one or more townships without county organization is free from school rates unless his child attend the school.

A teacher is entitled to pay during authorized holidays and the vacation at the end of his engagement, and during four weeks Illness in the year, or more if the trustees allow it.

page 89

School trustees taking steps to provide an additional school in their district under s. 103 or the Public School Act. do not require to get the assent of freeholders and householders as provided by s. 120.

The provision that the Inspector must report the case of a lunatic to a County Judge and secure his approval, before sale of his lands (Rev. Stat. c. 220 s. 52) is repealed.