warrant of distress to be issued by such Justices against the goods and chattels of the offender; and where the same shall exceed ten pounds, currency, they may be sued for and recovered by any such Inspector or other person, by bill, plaint, information or civil action, in a Recorder's Court or in any other Court of competent jurisdiction, and be levied by execuApplication of tion as in case of debt; and the moiety of all such fines (except such as may be hereinbefore otherwise applied) when recovered, shall immediately be paid into the hands of the Treasurer of the City, Town or place, for the public uses of the Corporation thereof, and the other moiety shall belong to and be paid to the Inspector or other person who shall sue for the same; Provided always that if any Officer of such Corporation be the prosecutor, the whole penalty shall belong to the Corporation for the uses aforesaid. penalties. Limitation of prosecutions. XXX. If any action or suit, not otherwise provided for, be brought or commenced against any person or persons for any thing done in pursuance of this Act, or contrary to the provisions thereof, such action or suit shall be commenced within six months next after the matter or thing done or omit General issue. ted to be done, and not afterwards; and the Defendant or Defendants in such action or suit may plead the general issue and give this Act and the special matter in evidence at any trial to be had thereon; and if afterwards judgment shall be given Plaintiff being for the Defendant or Defendants, or the Plaintiff or Plaintiffs be non-suit, &c. non-suit or discontinue his or their action after the Defendant or Defendants shall have appeared, then such Defendant or Defendants shall have treble costs awarded against such Plaintiff or Plaintiffs, and have the like remedy for the same as any Defendant or Defendants hath or have in other cases to recover costs at Law. Inspection not compulsory. Word "Meal" interpreted. Commence XXXI. Nothing in this Act shall be construed to oblige any person to cause any Flour or Meal to be inspected, but if inspected, it shall be subject to the provisions of this Act, and shall not be marked or branded as inspected unless the said provisions have been in all respects complied with, as regard such Flour or Meal and the barrels or half barrels in which it is contained. XXXII. The word "Meal," whenever it occurs in this Act, shall be construed to mean Indian Meal and Oatmeal. XXXIII. The foregoing enactments of this Act shall have ment of Act. force and effect upon, from and after the first day of August, in the year of our Lord, one thousand eight hundred and fifty-six, and not before. CAP. CAP. LXXXVIII. An Act to authorize the Judges of the Superior Court for Lower Canada to appoint Commissioners for taking Affidavits in Upper Canada. [Assented to 1st July, 1856.] WHEREAS it is desirable that the Judges of the Superior Preamble. Court for Lower Canada, should have power to appoint Commissioners for taking Affidavits in Upper Canada: Therefore, Her Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows: missioners to used in the I. It shall be lawful for the Chief Justice and any one of the Certain Judges Justices of the Superior Court for Lower Canada for the time in L. C., may being, or in the event of the death or absence from the Province appoint Comof the Chief Justice for the time being, for any two of the take affidavits Justices of the said Court for the time being, by one or more in U. C., to be commission or commissions under the seal of the said Court, Courts in L. C. from time to time to empower as many persons as they shall think fit and necessary in Upper Canada, to take and receive all and every such affidavit or affidavits as any person or persons shall be willing and desirous to make before any of the persons so empowered, in or concerning any cause, matter or thing depending, or hereafter to be depending, or in any wise concerning any of the proceedings to be had in the said Court, or in any other Court of Law of Record in Lower Canada; which said affidavits taken as aforesaid shall be filed in the Filing and Office of the said Courts respectively, in the District or Circuit effect of such to which the subject matter of such affidavit may relate and be affidavits. made use of in the said Courts respectively, to all intents and purposes as other affidavits taken in the said Courts respectively ought to be; and every affidavit taken as aforesaid, shall be of the same force as an affidavit taken in the said Courts respectively shall and may be. of execution II. Proof of the execution of any deed, will or probate thereof Such Commisor memorial of the same in Upper Canada, may, for purposes of sioners may receive proof registration in Lower Canada, be made before any of the Commissioners to be appointed under the authority of this Act, in of Deed, &c., the same manner as such proof may now by law be made in to be used in Lower Canada. CAP. LXXXIX. An Act providing for the payment of dividends by Insurance Companies. [Assented to 1st July, 1856.] L. C. HEREAS it is expedient for the security of persons Preamble. effecting Assurance with, and of the Subscribers to the Stock Liability of such Compa- shall impair their Capital Stock. Stock of, the various Fire, Life, Marine, and other Insurance Companies already chartered, or that may hereafter be chartered by the Provincial Legislature, that no dividend of bonus be declared or paid, unless from the surplus earnings of profits arising or made from the business of such Companies; over and above the paid up Capital thereof: Therefore, Her Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows : I. If the Managers, Directors or Trustees of any Fire, Life, Marine, or other Assurance Company, incorporated by the Legislature of Canada, or of Upper Canada or Lower Canada, shall knowingly and wilfully declare and pay any dividend or bonus, out of the paid up capital of said Company, or when the Company is insolvent, or which would render it insolvent, or which would diminish the amount of its Capital Stock, such Managers, Directors or Trustees who may be present when such dividend or bonus shall have been declared and whien said dividend shall be paid, shall be jointly and severally liable for all the debts of the Company then existing, and for all that shall be thereafter contracted while they shall respectively conProviso: how tinue in office; Provided always that if any of such Managers. only such Ma- Directors or Trustees, shall object to the declaration of such dividend or bonus, or to the payment of the same, and s all at any time before the time fixed for the payment thereof, file a such liability. written Statement of such objection in the Office of the Company, and also in the Registry Office of the City, Town or County where such Company is situated such Managers, Directors or Trustees shall be exempt from such liability. nagers may free them selves from Preamble. Certain sec tions of the An Act to simplify and expedite the proceedings in the County Courts in Upper Canada, and to alter and amend the law in relation to these Courts. W [Assented to 1st July, 1856.] HEREAS it is expedient to simplify and expedite the proceedings in the several County Courts in Upper Canada, and to alter and amend the law in relation to these Courts Therefore, Her Majesty, by and with the advice and consen of the Legislative Council and Assembly of Canada, enacts as follows: I. From the time when this Act shall commence and take effect, the tenth, eleventh, twelfth, fourteenth, fifteenth 8 V. c. 13, sixteenth, seventeenth, eighteenth, nineteenth, twenty-secon Acts, twenty-third, twenty-fourth, twenty-eighth, thirty-first, thirtysecond, thirty-fifth, thirty-ninth, forty-first, forty-fifth and fortysixth sections of an Act of the Parliament of this Province passed in the eighth year of Her Majesty's Reign, intituled. An Act to amend, consolidate and reduce into one Act, the sever laws now in force, establishing or regulating the practice of Dis- 12 V. c. 66,trict Courts in the several Districts of that part of this Province and formerly Upper Canada; the second, third and fourth sections of an Act of the Parliament of this Province passed in the twelfth year of Her Majesty's Reign, intituled: An Act to amend and extend the provisions of the Act of this Province, intituled,' An Act to amend, consolidate and reduce into one Act the several laws now in force, establishing or regulating the practice of the District Courts in the several Districts of that part of this Province formerly Upper Canada'; the fourth section of an Act of the Parliament of this Province passed in the thirteenth and fourteenth years of Her Majesty's Reign, intituled: An Act to 13 & 14 V. alter and amend the Act regulating the practice of the County c. 52; Courts in Upper Canada, and to extend the jurisdiction thereof, together with all other Acts or parts of Acts of the Parliament of And other Upper Canada or of this Province at variance or inconsistent provisions inwith the provisions of this Act, shall be and the same are hereby with this Act, repealed, except so far as the said Acts or any of them or any repealed. thing therein contained repeal any former Act or Acts, or any part thereof, all which said last mentioned Act or Acts shall remain and continue so repealed, and excepting also so far as Exception: as the said Acts or parts of Acts hereby repealed and the provisions to repealed Acts, pending thereof, or of any of them, shall and may be necessary for sup- proceedings, porting, continuing and upholding any Writs that shall have &c. been issued, or proceedings that shall have been had or taken, before the commencement of this Act, and any further proceeding taken or to be taken thereon. consistent Common Law and certain the County II. The enactments contained in the ninth, fourteenth, six- Certain secteenth, seventeenth, eighteenth, nineteenth, twentieth, twen- tions of the ty-first, twenty-second, twenty-third, twenty-fourth, twenty-fifth, Procedure Act twenty-sixth, twenty-seventh, twenty-eighth, thirtieth, thirty-first, of this Session, thirty-second, thirty-third, thirty-fourth, thirty-fifth, thirty-sixth, to be thirty-seventh, thirty-eighth, thirty-ninth, fortieth, forty-first, made under it, forty-second, forty-third, forty-fourth, forty-fifth, forty-sixth, forty- to apply to seventh, forty-eighth, forty-ninth, fiftieth, fifty-first, fifty-second, Courts. fifty-third, fifty-fourth, fifty-fifth, fifty-sixth, fifty-seventh, fiftyeighth, fifty-ninth, sixtieth, sixty-first, sixty-second, sixty-third, sixty-fourth, sixty-fifth, sixty-sixth, sixty-seventh, sixty-eighth, sixty-ninth, seventieth, seventy-first, seventy-second, seventythird, seventy-fourth, seventy-fifth, seventy-sixth, seventy-seventh, seventy-eighth, seventy-ninth, eightieth, eighty-first, eightysecond, eighty-third, eighty-eighth, eighty-ninth, ninetieth, ninety-first, ninety-second, ninety-third, ninety-fourth, ninetyfifth, ninety-sixth, ninety-eighth, ninety-ninth, one hundredth, one hundred and first, one hundred and second, one hundred and third, one hundred and fourth, one hundred and fifth, one hundred and sixth, one hundred and seventh, one hundred and eighth, one hundred and ninth, one hundred and eleventh, one hundred and twelfth, one hundred and thirteenth, one hundred and fourteenth, one hundred and fifteenth, one hundred and sixteenth, one hundred and seventeenth, one hundred and eigh teenth teenth, one hundred and nineteenth, one hundred and twentieth, one hundred and twenty-first, one hundred and twenty-second, one hundred and twenty-third, one hundred and twenty-fourth, one hundred and twenty-fifth, one hundred and twenty-sixth, one hundred and twenty-seventh, one hundred and twentyeighth, one hundred and twenty-ninth, one hundred and thirtieth, one hundred and thirty-first, one hundred and thirty-second, one hundred and thirty-third, one hundred and thirty-fourth, one hundred and thirty-fifth, one hundred and thirty-sixth, one hundred and thirty-seventh, one hundred and thirty-eighth, one hundred and thirty-ninth, one hundred and fortieth, one hundred and forty-first, one hundred and forty-second, one hundred and forty-fourth, one hundred and forty-fifth, one hundred and fortyeighth, one hundred and forty-ninth, one hundred and fifty-sixth, one hundred and fifty-seventh, one hundred and fifty-eighth, one hundred and fifty-ninth, one hundred and sixtieth, one hundred and sixty-first, one hundred and sixty-second, one hundred and sixty-third, one hundred and sixty-fourth, one hundred and sixty-fifth, one hundred and sixty-sixth, one hundred and sixtyseventh, one hundred and sixty-eighth, one hundred and sixtyninth, one hundred and seventy-first, one hundred and seventysecond, one hundred and seventy-third, one hundred and seventyfourth, one hundred and seventy-fifth, one hundred and seventysixth, one hundred and seventy-seventh, one hundred and seventy-eighth, one hundred and seventy-ninth, one hundred and eightieth, one hundred and eighty-first, one hundred and eighty-second, one hundred and eighty-third, one hundred and eighty-fourth, one hundred and eighty-fifth, one hundred and eighty-sixth, one hundred and eighty-seventh, one hundred and eighty-eighth, one hundred and eighty-ninth, one hundred and ninetieth, one hundred and ninety-first, one hundred and ninetysecond, one hundred and ninety-fourth, one hundred and ninetyfifth, one hundred and ninety-sixth, one hundred and ninetyseventh, one hundred and ninety-eighth, one hundred and ninetyninth, two hundredth, two hundred and first, two hundred and second, two hundred and third, two hundred and fourth, two hundred and fifth, two hundred and sixth, two hundred and seventh, two hundred and eighth, two hundred and ninth, two hundred and tenth, two hundred and eleventh, two hundred and twelfth, two hundred and thirteenth, two hundred and fourteenth, two hundred and fifteenth, two hundred and sixteenth, two hundred and seventeenth, two hundred and eighteenth, two hundred and nineteenth, two hundred and eightyseventh, two hundred and eighty-eighth, two hundred and eighty-ninth, two hundred and ninetieth, two hundred and ninety-first, two hundred and ninety-second, two hundred and ninety-fifth, two hundred and ninety-sixth, two hundred and ninety-seventh, two hundred and ninety-eighth, two hundred and ninety-ninth, three hundredth, three hundred and first, three hundred and second, three hundred and third, three hundred and fourth, three hundred and fifth, three hundred and sixth, three hundred and seventh, three hundred and eighth, three hundred |