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A D DENDA.
ABSCONDING DEBTORS. A Justice of the Peace is in certain cases empowered to issue an attachment against absconding debtors.
In case any person being indebted in a sum not exceeding one hundred dollars nor less than four dollars, for any debt or damages arising upon any contract, express or implied, or upon any payment
1. Absconds from this province, leaving personal property liable to seizure under-execution for debt in any .county in Upper Canada; or,
2. Attempts to remove such personal property either out of Upper Canada or from one county to another therein ; or,
3. Keeps concealed in any county of Upper Canada to avoid service of process; and in case any creditor of such person, his servant, or agent, makes and produces an affidavit* or affirmation to the purport of the form prescribed by any rule respecting the practice and proceedings of the division courts, a writ of attachment may be issued. (Con. Stat. U. C. c. 19, B. 199.)
WHEN JUSTICE MAY ISSUE ATTACHMENTS.—“The Judge, or a Justice of the Peace for the county, may take the affidavit in
• AYTIDAVIT OF ATTACHMENT.
of the, in the - maketh oath and saith, that justly and truly indebted to him the said
PROVINCE OF CANADA,
in the sum of of lawful money of Canada, for And this deponent further saith, that he hath good reason to believe and verily doth believe, that the said
And this deponent further saith that this affidavit is not made, nor the process thereon to be issued from any vexatious or malicious motive whatever. Sworn before me the
one thousand eight hundred and
the last preceding section mentioned, and upon the same being filed with such Judge or Justice, the Judge or Justice may issue a warrant under his hand and seal in the form (C.)* and such Judge or Justice shall forthwith transmit the affidavit to the clerk of the division court within whose division the same was made or taken to be filed, by him filed and kept among the papers in the cause.” (16. s. 200.)
ALIENS. An ALIEN, generally speaking, is one born in a foreign country out of the dominions or allegiance of the crown of England. An alien residing in Canada may become entitled to be naturalized after residing three years in the province and taking the oath of allegiance. The following oaths of “residence" and “allegiance” are to be taken before a magistrate residing in the city, town, parish, village, or township in which said alien may reside. (Con. Stat. O. c. 8, s. 2.)
"OATH OF RESIDENCE. "I, A. B., do swear (or, being one of the persons allowed by law to affirn in judicial cases, do affirm) that I have resided three years in this province, with intent to settle therein, without having been, during that time, a stated resident in any foreign country. So help me God."
Every such alien, being a male, in order to become entitled to the benefit of the act, must take and subscribe the following
* (C.) WARRANT OF ATTACHMENT. PROVINCE OF CANADA, TO
Bailiff of the
Division Court of the Countyof
You are hereby commanded to attach, seize, take, and safely keep all the personal estate and effects of an absconding, removing, or concealed debtor, of what nature or kind soever, liable to seizure under execution for debt within the said -, or a sufficient portion thereof to secure for the sum of, together with the costs of his suit thereupon, and to return this warrant with what you shall have taken thereupon to the clerk of the said
division court of the aforesaid forthwith ; and herein fail not. Witness my hand and seal the
one thousand eight hundred
J. P. (or Clerk of Division Court)
oath of allegiance (or, being one of those who are allowed by law to affirm in judicial cases, shall make affirmation to the same effect), that is to say:
“QATH OF ALLEGIANCE. I, A. B., do sincerely promise and swear (or, being one of the persons allowed by laro in judicial cases, do affirm) that I will be faithful and bear true allegiance to Her Majesty Queen Victoria, as lawful Sovereign of the United Kingdom of Great Britain and Ireland, and of the Province of Canada, dependent on and belonging to the said United Kingdom; and that I will defend her to the utmost of my power against all traitorous conspiracies and attempts whatever which shall be made against her person, crown, and dignity; and that I will do my utmost endeavour to disclose and make known to her Majesty, her heirs and successors, all treasons and traitorous conspiracies and attempts which I shall know to be against her or any of them; and all this I do swear, without any equivocation, mental evasion, or secret reservation, and renouncing all pardons and dispensations from any person or persons whatever to the contrary. So help me God.”
The Justice before whom the said oaths are taken is required to give the alien a certificate of residence, setting forth that the alien has taken and subscribed the oaths, and that the Justice has reason to believe that the alien had been resident in Canada for a period of three years or upwards. The certificate may be in the following form:
CERTIFICATE OF RESIDENCE. CANADA, I, C. D., of the township of —, in the county of County of in the province of Canada, Esquire, do hereby certify as
TO WIT: follows: 1st. That A. B. in the (within or annexed) oaths named, took and subscribed the oath of residence and also the oath of allegiance hereto annexed respectively before me.
2nd. That the said A. B. has, as I have reason to believe and do believe, been resident within the province of Canada for a period of three years or upwards.
3rd. That the said A. B. is a person of good character, and that there does not exist to my knowledge any reason why the said A. B. should not be granted all the rights and capacities of a natural-born British subject.
4th. That I am a Justice of the Peace (mayor, alderman, or as the case may be,) in the county of Dated this day of 18%
J. P. (or as case may be.) CERTIFICATE TO BE FILED, &c.— The oaths and certificate should be forwarded to the office of the clerk of the peace or clerk of the recorder's court, within the jurisdiction of which the alien resides, and by him openly read in court on the first day of the next general sitting of the court.
If the facts stated in the certificate given by the Justice are not controverted, or some valid objection made to the naturalization of the alien, the court will on the last day of the sitting direct that the certificate of residence be filed of record in the said court, “and thereupon such alien shall be thereby admitted and confirmed in all the rights and privileges of British birth, to all intents whatever, as if he or she had been born within this provincc.” (16. s. 3.)
CERTIFICATE OF NATURALIZATION.—“Every such person shall be then entitled to receive a certificate of naturalization under the seal of such court, and the signature of the clerk thereof, that he or she hath complied with the several requirements of this act, which certificate of naturalization may be in the following form, or to the like effect, that is to say:
“ CERTIFICATE OF NATURALIZATION.
PROVINCE OF CANADA, In the Court of Circuit (or, county (Whereas A. B., of, &c. (describing him or her as or city) of
formerly of such a place, in such a foreign
country, and now of such a place in this pro vince, and adding his or her addition), hath coinplied with the several requirements of the “ Act respecting the Naturalization of Aliens," and the certificate thereof hath been read in open court, and thereupon, by order of the said court, duly filed of record in the same, pursuant to the said act: These are therefore to certify to all whom it may concern, that under and by virtue of the said act, the said A. B. hath obtained all the rights and capacities of a natural-born British subject within this province, to have, hold, possess, and enjoy the same within the limits thereof, upon, from, and after the day of - in the year of our Lord one thousand eight hundred and —; and this certificate thereof is hereby granted to the said A. B. according to the form of the said law. Given under my hand and the seal of the said court, this
(the day of filing the certificate of residence), in the year of our Lord one thousand eight hundred and
(Signature) C. D.
Clerk of the Peace, (or, Clerk of the Recorder's Court, or Clerk of the Circuit Court,
as the case may be).
“The Justice who administers the oaths and grants the certificate can charge twenty-five cents therefor; and for reading and filing certificate of residence and preparing and issuing certificate of investigation, the clerk of the peace is entitled to receive twenty-five cents.” (Ib. s. 8.)
QUALIFICATION OF JUSTICES. “All Justices of the Peace appointed in the several districts and counties of this province shall be of the most sufficient persons dwelling in the districts and counties respectively.” (Con. Stat. C. c. 100, s. 1.)
PROPERTY QUALIFICATION.—“When not otherwise provided by law, no person shall be a Justice of the Peace, to act as such within any district or county of this province, who has not in his actual possession to and for his own proper use and benefit a real estate either in free and common soccage, or en fief or en rôlure or en franc allen, in absolute property or for life, or by emphteose, or lease for one or more lives, or originally created for a term not less than twenty-one years, or by usufructuary possession for his life, in lands, tenements, or other immovable property lying and being in this province of or above the value of one thousand two hundred dollars over and above what will satisfy and discharge all incumbrances affecting the same, and over and above all rents and charges payable out of or affecting the same; or who, before he takes upon himself to act as a Justice of the Peace, does not take and subscribe the oath following before some Justice of the Peace for the district or county for which he intends to act, that is
“I, A. B., do swear that I truly and bona fide have to and for my own proper use and benefit such an estate (specifying the same by its local description, rents, or anything else), as doth qualify me to act as a Justice of the Peace for the district or county of — according to the true intent and meaning of the act respecting the qualification of Justices of the Peace (nature of such estate, whether land, and if land, designating); and that the same is lying and being (or, issuing out of lands, tenements, and hereditaments situate) within the township (parish or seigniority) of (or, in the several townships, parishes, or seigniories of - as the case may be). So help me God.” (16. s. 3)
CERTIFICATE OF Oath.—“A certificate of such oath having been taken and subscribed as aforesaid, shall be forthwith