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WHEREAS inconvenience arises

Pussed 9th April 1860. in the administration of

Criminal Law, from the want of a power in the Judges of the Supreme Court to compel the attendance of witnesses at a criminal trial:

Be it therefore enacted, &c.—1. If in any criminal case cognizable at the Sittings for the County of York, or in any Circuit Court or Court of Oyer and Terminer or Gaol Delivery in any part of this Province, it shall appear to any such Court, or if such Court is not sitting, then before the time for holding such Court, to any Judge of the Supreme Court, on motion or application of the Attorney General, Solicitor General, or other officer acting on behalf of the Queen, that any person within the jurisdiction of the Supreme Court is likely to give material evidence before the Grand or Petit Jury touching the matter of such prosecution, and that it is probable that such person will not attend to give evidenceunless compelled, or upon similar motion or application made on affidavits by or on behalf of any prisoner or person charged, in either of such cases it shall be lawful for such Court to order a warrant to issue, signed by the Clerk of such Court,or for such Judge out of Court to issue a warrant under the hand of such Judge, directed to any Sheriff, commanding him to arrest such person, and have him at the time and place in such warrant mentioned, to testify as therein directed; which said warrant shall be a sufficient authority in law for such Sheriff, his deputy and assistants, for arresting the person or persons thercin named in any part of the Province, and bringing him or them before such Court, notwithstanding such arrest be made beyond the bailiwick of such Sheriff; provided that the issuing of such warrant shall be discretionary with such Court or Judge; provided also, that the Court or Judge upon the issuing of any such warrant upon the motion or application of any person or prisoner charged, may prescribe such terms as to the payment by such prisoner or party

charged of the expense of executing such warrant,as to such Court or Judge may seem reasonable.

2. The Sheriff's fees for services under this Act shall be as follows, and shall be paid by the Treasurer of the County wherever the trial shall be had, in the same manner as prosecutor's fees under Chapter 160, Title XL, of the Revised Statutes:

Serving warrant,

...

...

...

£0 5 0

...

0 0 6

Travel per mile, from place of residence

of Sheriff, and back,

See Acts of Canada, 39th Victoria, Chapter 36.

21st VICTORIA-CHAPTER 8.

An Act relating to the issuing of Warrants by Justices of the Peace and in aid of Police Officers and Constables in the execution of their duties. Section 2.-Constables, &c., in the execution of their duty may demand as. sistance of persons at hand; penalty for refusal.

Passed 11th April 1864 Be it enacted, &c.-2. The several police officers and constables in this Province, now or hereafter to be elected or appointed, and sworn in their respective Parishes, Districts or Counties, shall have power and authority, and they are hereby severally authorized when in the due execution of any warrant or other authority, written or verbal, or lawfully appertaining to them by virtue of their office as police officers or constables, and committed with the preservation of the peace, or the punishment or prevention of any felony or misdemeanor, or the taking into custody of any person charged with, or in the actual commission of any felony, misdemeanor, or breach of the peace, whenever it shall become necessary by reason of any wilful resistance to, or unlawful obstruction of such police officers or constables so acting in the due performance of their duty, to require any male person there present or near at hand, and being over sixteen and under sixty years of age, to aid and assist, by physical force if required, such police officers or constables. in the execution of their duty; and if any such person, when so required and called upon by such police officer or constable, shall neglect or refuse to aid and assist such police

officer and constable, he shall be liable to a fine of not more than five pounds, to be sued for, levied, and collected with costs, as directed in and by Chapter one hundred and thirty eight, Title XXXVII, of the Revised Statutes, ' Of Summary Convictions,' and paid over when collected, to the Overseers of the Poor of the Parish in which the offence was co.nmitted for the use of the Poor thereof.

35th VICTOTIA-CHAPTER 12.

An Act to provide for the Expenses of Witnesses in Crininal
Prosecutions.

Section 1.-Witnesses, how paid.

Passed 11th April 1872.

Be it enacted, &c.-1. Whenever an indictment shall be presented before any Grand Jury in this Province for felony or misdemeanor, or the trial of any person for felony or misdemeanor shall be had, it shall and may be lawful for the Court before which such indictment shall be presented, or such trial be had, as the case may be, to order to the prosecutor and witnesses for the prosecution, such amount for travel and attendance as may be deemed sufficient to meet their reasonable expenses, and also to order to the constables and other officers a reasonable amount for services and expenses in serving subpoenas and getting witnesses to attend at such prosecutions; and an order for the payment of such amount shall be forth with drawn in favor of such prosecutor witnesses, and constable, or other officer respectively, upon the Treasurer of the County, by the Clerk of the Court, and the same shall be paid out of any moneys belonging to such County in the Treasurer's hands.

IMPERIAL ACTS

Referred to in Section 124, Chapter 49, of the Consolidated Statutes, relating to "The Supreme Court in Equity." as extended to the Colonies.

13th & 14th VICTORIA-CHAPTER LX.

An Act to consolidate and amend the Laws relating to the Conveyance and Transfer of Real and Personal Property vested in Mortgagees and Trustees.

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[5th August 1850.]

21 As to lands in Lancaster and

Durham.

22 When Trustees of stock out of the jurisdiction.

23 When Trustee of stock refuses to transfer.

24 When one of several Trustees of stock refuses to transfer or receive and pay over dividends. When stock is standing in the name of a deceased person.

25

27

28

26 Effect of an Order vesting the legal right to transfer stock. Effect of an Order vesting legal right in a Chose Action. Effect of an Order vesting copyhold lands, or appointing any person to convey copy hold lands. When a Decree is made for sale of real estate for payment of debts.

10 May make Order in cases where 29
persons are seised of lands joint-
ly with parties out of jurisdiction,

&c.

30

11 Contingent rights of Trustees.
12 Court may make Order in cases
where persons are jointly entitled
with others out of the jurisdic- 31
tion to a contingent right in lands.
13 When it is uncertain which of seve
ral Trustees was the survivor.
14 When it is uncertain whether the
last Trustee be living or dead.
15 When Trustee dies without an
heir.

16 Contingent right of unborn

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32

33

34

Court to declare what parties are
Trustees of lands comprised in
any suit, and as to the interests
of persons unborn.
Power to make directions how
the right to transfer stock be ex
ercised.

Power to appoint new Trustees.
New Trustees to have powers of
Trustees appointed by Decree
in suit.

Power to vest lands in new
Trustees.

35 Power to vest right to sue at law in new Trustees.

36 Old Trustees not to be discharged from liability.

37 Who may apply.

38 Power to go before the Master in the first instance.

39

Power to petition the Court or the Lord Chancellor.

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40 Power to present Petition in the 50 Powers of the Master.

first instance.

41 What may be done upon Petition.

51 Costs may be paid out of the Estate.

42 Court may dismiss Petition with 52 Commission concerning persons

[Cause.

or without costs.
43 Power to make an order in a 53
44 Orders made by Court of Chancery 54
founded on certain allegations,
to be conclusive evidence of the
matter contained in such allega-
tions.

45 Trustees of Charities.
46 No escheat of property held upon
Trust or Mortgage.

55

56

47 Act not to prevent escheat or for- 57 feiture of beneficial interest.

48 Money of infants and persons of

unsound mind to be paid into 58
Court.

of unsound mind. Suit may be directed.

Powers of Court of Chancery to
extend to property in the
Colonies.

Powers may be exercised by Court
of Chancery in Ireland.
Powers of Lord Chancellor in
lunacy to extend to property in
Colonies.

Powers of Lord Chancellor in
lunacy may be exercised by Lord
Chancellor of Ireland.

Short Title.

59 Commeneement of Act.

49 Court may make a Decree in the 60 Act may be amended, &c.

absence of a Trustee.

WHEREAS an Act was passed in the First Year of the Reign of His late Majesty King William the Fourth, intituled An Act for amending the Laws respecting Conveyances and Transfers of Estates and Fands vested in Trustees and Mortgagees, and for enabling Courts of Equity to give Effect to their Decrees and Orders in certain cases: And whereas an Act was passed in the Fifth Year of the Reign of His late Majesty King William the Fourth, intituled An Act for the Amendment of the Law relative to the Escheat and Forfeiture of Real and Personal Property holden in trust: And whereas an Act was passed in the Second Year of the Reign of Her present Majesty, intituled An Act to remove Doubts respecting Conveyances of Estates vested in Heirs and Devisees of Mortgagees: And whereas it is expedient that the Provisions of the said Acts should be consolidated and enlarged; Be it therefore enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, That all Proceedings under the said Acts or any of them commenced bafore the passing of this Act may be proceeded with under the said recited Acts, or according to the Provisions of this Act,as shall be thought expedient, and, subject as aforesaid, that the said recited Acts shall be and the same are hereby repealed Provided always, that the several Acts repealed by the said recited Acts shall not be revived, and that such

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