An Act to repeal a certain Act therein mentioned, and to make better provision for the Limitation of Actions in Lower Canada.

WH

[ 28th July, 1847. ]

HEREAS by an Act passed in England in the twenty-first year of the Reign of Preamble.
King James the First, and intituled, An Act for Limitation of Actions, and for English Act.

21st James I,

cap. 16, cited.

cited.

avoiding of Suits in Law, it is among other things enacted, that all actions of account and upon the case, other than such accounts as concern the trade of merchandize between merchant and merchant, their factors or servants, and all actions of debt grounded upon any lending or contract without specialty, shall be commenced and sued within six years next after the cause of such actions or suits and not after: And whereas, under the law of Lower Canada, whereby it is provided that in proof of all Doubts refacts concerning commercial matters, recourse shall be had in all Courts of Civil Jurisdiction to the rules of evidence laid down by the Laws of England, doubts have arisen whether the enactment above cited is applicable in Lower Canada as a rule of evidence, and if it be so applicable what acknowledgment or promise within the said period of six years is sufficient to take out of the operation of the said enactment any case which would otherwise be within the same ; for the removal of such doubts, Be it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and of the Legislative Assembly of the Province of Canada, constituted and assembled by virtue of and under the authority of an Act passed in the Parliament of the United Kingdom of Great Britain and Ireland, and intituled, An Act tore-unite the Provinces of Upper and Lower Camada, and for the Government of Canada, and it is hereby enacted by the authority of the same, That no action of account or upon the case, nor any action grounded upon any lending or contract without specialty, shall be maintainable in or with regard to any commercial matter, unless such action be commenced within six years next after the cause of such action; any law, custom or usage to the contrary notwithstanding.

II. And be it enacted, That no acknowledgment or promise by words only, shall be deemed sufficient evidence of a new or continuing contract, whereby to take any case out of the operation of the next preceding section, or to deprive any party of the benefit thereof, unless such acknowledgment or promise shall be made or contained by or in some writing to be signed by the party chargeable thereby; and that where there shall be two or more joint contractors, or executors or administrators of any contractor, no such joint contractor, executor or administrator shall lose the benefit of

No actions of account, &c.

in commercial cases main

tainable unless

commenced within six years after cause of ac

tion.

No verbal proficient evidence of a

Case of joint the said section so as to be chargeable in respect or by reason only of any written

contractors, &c.

Proviso as to effect of payment.

Proviso: in

case of joint contractors, &c. plaintiff

may recover as against

some, though against others.

he may fail as

Provision when defend

ant shall plead

that others ought to be

sued with him,

who are not liable under

this Act,

No indorse

ment of pay

ment on a promissory note,

acknowledgment or promise made and signed by any other or others of them: Provided always, that nothing herein contained shall alter or take away or lessen the effect of any payment of any principal or interest made by any person whatsoever: Provided also, that in actions to be commenced against two or more such joint contractors or executors or administrators, if it shall appear at the trial or otherwise that the plaintiff though barred by this Act as to one or more of such joint contractors or executors or administrators, shall nevertheless be entitled to recover against any other or others of the defendants, by virtue of a new acknowledgment or promise, or otherwise, judgment may be given and costs allowed for the plaintiff, as to such defendant or defendants against whom he shall recover, and for the other defendant or defendants against the plaintiff.

III. And be it enacted, That if any defendant or defendants, in any action on any simple contract in or with regard to any commercial matter, shall plead any matter in abatement, to the effect that any other person or persons ought to be jointly sued, and issue be joined on such plea, and it shall appear at the trial or otherwise, that the action could not by reason of this Act be maintained against the other person or persons named in such plea or any of them, the issue joined on such plea shall be found against the party pleading the same.

IV. And be it enacted, That no indorsement or memorandum of any payment written or made upon any promissory note, bill of exchange or other writing, by or on behalf of the party to whom such payment shall be made, shall be deemed sufficient proof of

ty to whom par such payment so as to take the case out of the operation of this Act.

such payment

is made shall

take the case

out of this Act.

This Act to

apply to debts pleaded by

way of set-off.

No action to be maintained

against a per

son for a pro

mise made to

pay a debt contracted while a

minor, unless such promise be in writing.

Cases of guar

V. And be it enacted, That this Act shall apply to the case of any debt of a commercial nature, alleged by way of set-off on the part of any defendant, either by plea, notice, or otherwise.

VI. And be it enacted, That in or with regard to any commercial matter, no action shall be maintained whereby to charge any person upon any promise made after full age to pay any debt contracted during infancy, or upon ratification after full age of any promise or contract in any such matter made during infancy, unless such promise or ratification shall be made by some writing signed by the party to be charged therewith.

VII. And be it enacted, That in or with regard to any commercial matter, no action anten in which shall be maintainable whereby to charge any person upon or by reason of any repre

written morandum shall be neces

sary.

sentation or assurance made or given concerning or relating to the character, conduct, credit, ability, trade or dealings of any other person, to the intent or purpose that such other person may obtain credit, money or goods thereupon, unless such representation or assurance be made in writing, signed by the party to be charged therewith.

VIII. And whereas it hath been doubted whether the enactments of the Act passed in England in the twenty-ninth year of the Reign of King Charles the Second, and intituled, An Act for prevention of Frauds and Perjuries, do extend in Lower Canada to certain executory contracts for the sale of goods which nevertheless are within the mischief intended to be remedied by the said Act, and it is expedient to extend the

the said Act

goods to the

same to such executory contracts: Be it therefore enacted, That the provisions of the Provisions of said Act shall extend to all contracts for the sale of goods of the value of ten pounds to extend to sterling and upwards, notwithstanding the goods may be intended to be delivered at contracts for some future time, or may not at the time of such contract be actually made, procured value of 10 or provided, or fit or ready for delivery, or some act may be requisite for the making sterling. or completing thereof, or rendering the same fit for delivery.

IX. And whereas divers errors have crept into the Act passed in the eighth year of 8 Vict. c. 31, Her Majesty's Reign, and intituled, An Act for the Limitation of Actions, for avoiding repealed. Suits at Law, and for rendering a written memorandum necessary to the validity of certain promises and engagements, in that part of the Province which heretofore constituted the Province of Lower Canada, whereby the sense and intent of the said Act have been marred: Be it therefore enacted, that the said Act shall be and is hereby repealed.

X. And be it enacted, That this Act shall apply only to "Lower Canada," which words in this Act shall be understood to mean all that portion of this Province which formerly constituted the Province of Lower Canada.

MONTREAL :-Printed by STEWART DERBISHIRE & GEORGE DESBARATS,
Law Printer to the Queen's Most Excellent Majesty.

This Act shall apply to

Lower Canada only.

ANNO DECIMO ET UNDECIMO

VICTORIÆ REGINE.

САР. XII.

An Act to amend the Laws relative to the appointment of Special
Constables, and for the better preservation of the Peace.

W

THEREAS

[ 28th July, 1847.]

it is expedient to amend the laws relative to the appointment of Preamble.

empowered to appoint SpeConstables in certain cases of apprehension of riot, felony,

Special Constables, and to make other provisions for the better preservation of the public peace in that part of this Province formerly Upper Canada: Be it therefore enacted by the Queen's Most excellent Majesty, by and with the advice and consent of the Legislative Council and of the Legislative Assembly of the Province of Canada, constituted and assembled by virtue of and under the authority of an Act passed in the Parliament of the United Kingdom of Great Britain and Ireland, and intituled, An Act to re-unite the Provinces of Upper and Lower Canada, and for the Government of Canada, and it is hereby enacted by the authority of the same, That in all cases where it shall be made to appear to any two or more Jus- Any two or tices of the Peace of any District, City or Town in this Province, upon the oath of any more Justices credible witness, that any tumult, riot or felony has taken place or is continuing, or may be reasonably apprehended in any Parish, Township, Town or place situate within the limits for which the said respective Justices usually act, and such Justices shall be of opinion that the ordinary officers appointed for preserving the peace are not sufficient for the preservation of the peace and for the protection of the inhabitants and the security of the property in any such Parish, Township, Town or place as aforesaid, then and in every such case such Justices or any two or more Justices acting for the same limits are hereby authorized to nominate and appoint, by precept in writing un- who may be der their hands, so many as they shall think fit of the householders or other persons appointed. (not legally exempt from serving the office of Constable) residing in such Parish, Township, Town or place as aforesaid, or in the neighbourhood thereof, to act as Special Constables for such time and in such manner as to the said Justices respectively shall seem fit and necessary, for the preservation of the public peace and for the protection of the inhabitants and the security of the property in such Parish, Township, Town or place; and the Justices of Peace who shall appoint any Special Constables by virtue of this Act, or any one of them, or any other Justice of the Peace acting for the same limit, are and is hereby authorized to administer to any person so appointed the following Oath, that is to say:

&c.

Such Justices may administer to the persons

an oath of office

so appointed.

" I, A. B., do swear that I will well and truly serve our Sovereign Lady the Queen Form of the " in the office of Special Constable for the

of

, without oath.
" favour