SALARIES. Salaries of Reporters not to exceed $600 per year. Reporters not removeable without the assent of the judges. Decisions whe oral to be re ported. 2. The Salary of each of the Reporters shall not exceed the sum of six hundred dollars per annum, and may be fixed at, or varied within that amount, as the Society in Convocation, with such approbation as aforesaid may, from time to time, think just. 18 V. c. 128, s. 7. APPOINTMENT AND REMOVAL OF TO BE APPROVED BY THE JUDGES. 3. No Reporter shall be appointed or removed without the assent of the Judges of the particular Court to which the Reporter is proposed to be or has been appointed, signified to the Society in writing under the hands of such judges upon report made to them by the Society in Convocation, of the proposed appointment or removal of such person. 18 V. c. 128, s. 2. WHAT JUDGMENTS ARE TO BE REPORTED. 4. Each respective Reporter shall report not only such ther written or decisions of the Court to which he is Reporter as may be delivered in writing, but also the substance of such of the oral decisions thereof as are of general importance, and shall with out delay cause such reports to be fairly entered in a book, and submit the same for the inspection of the Judges of such Court; which reports, after due Examination and Correction, shall be signed by such Judges respectively, or such of them as are not prevented by absence or sickness from signing the same. V. c. 128, s. 3. tice Court and in Chambers. 18 Law Society 5. The Benchers of the Society in Convocation may, by Rules may require made with such approbation as aforesaid, require the Reporters Reporters to report the de- of the Common Law Courts jointly or separately to report the decision in Prac- cisions of the several Judges of such Courts, when sitting in the Practice Court, or at Chambers, and may thereby direct the manner in which such reports shall be made, entered and submitted for the correction and approval of the individual Judges who pronounce the same, and be afterwards published. 18 V. c. 128, s. 4. Society may require judg ments of the Court of Appeal to be reported. 6. The Benchers may also in like manner require the three Reporters, or any two of them jointly, or any one of them separately, to report the decisions of the Court of Error and Appeal, or require each of such Reporters separately to report such of the decisions thereof as are pronounced therein on any Writs, Petitions or other proceeding of Error or Appeal from the particular Court below, of which he is Reporter, and may also direct the manner in which the reports of such last mentioned decisions shall be made, entered, and submitted for correction and ap proval, and afterwards published. 18 V. c. 128, s. 5,—20 V. c. 5, ss. 20, 21. WHEN WHEN THE REPORTS SHALL BE PUBLISHED. 7. The Reporters may, and whenever thereto required by the When the Benchers of the Society in Convocation, shall publish such re- reports to be published. ports, or a digest thereof, in such manner as the Benchers, by any general Rules made and approved as aforesaid, direct; and Profits to bethe profits to arise from the publication of such reports shall long to the Reporter. belong to each of such Reporters respectively. 18 V. c. 128, s. 6. CAP. X X X VII. An Act respecting the Appointment of Local Crown HER Majesty, by and with the advice and consent of the follows: 1. In every County in Upper Canada, there shall be a Local County AtCrown Attorney for the County, to aid in the Local Adminis- torney for tration of Justice, and to perform the duties by this or any other Act assigned to County Attorneys. 20 V. c. 59, ss. 1, 5. No. 9. every County. 2 The Governor shall appoint a County Attorney for each Governor to County in Upper Canada, to hold office during pleasure, and appoint, reupon the death, resignation or removal of a County Attorney, shall supply the vacancy. 20 V. c. 59, s. 3. move, &c. 3. No person shall be appointed a County Attorney, or shall who qualified act in that capacity, who is not a Barrister at Law of not less to be appointed.. than three years' standing at the Upper Canada Bar, and a resident in the County for which he is appointed; But any person now holding the Office of Clerk of the Peace, who is a Barrister at Law, may be appointed to the Office of County Attorney for the County of which he is Clerk of the Peace. 20 V. c. 59, s. 2. his partner to 4. No County Attorney shall, by himself or partner in busi- Neither Counness, act or be directly or indirectly concerned as Counsel or ty Attorney nor Attorney for any prisoner or party, in respect to any charge defend persons against such prisoner or party, of treason, felony or other offence charged with punishable under the criminal Law of this Province. 20 V. c. ces. 59, s. 4. criminal offen САР. CAP. XXXVIII. An Act respecting the Office of Sheriff. HER Majesty, by and with the advice and consent of the follows: ented Qualificatinn Qualification 1. No person shall be appointed Sheriff of any County unless 1. He is possessed of real estate in Upper Canada of the actual value of three thousand dollars above incumbrances; 3 W. 4, c. 8, s. 8. 2. Nor unless, before receiving his Commission, he makes an affidavit to that effect sworn in open session before the Chairman of the Quarter Sessions of the County; 3 W. 4, c. 8, s. 8. Bond to be Covenant with Bond and Co- SECURITIES. 3. Nor until he has given a Bond to Her Majesty, Her Heirs and Successors, in the penal sum of Four Thousand dollars, together with two sureties in Two thousand dollars each, to be approved of by the Minister of Finance, with a condition that the intended Sheriff will well and faithfully account for and pay over all the moneys he receives for Her Majesty; and such Bond and Condition shall be in the form A, or to the like effect; 3 W. 4, c. 8, ss. 2, 4, 7. 4. Nor until he, and two or four sufficient sureties, enter into a joint and several Covenant in Duplicate in the form B, or to the like effect, and such sureties shall not be accepted as sufficient unless the Court of General Quarter Sessions of the Peace for the County for which the appointment is to be made, ascertain and determine, and the Chairman thereof certifies under his hand and seal, that the Court are satisfied that each respective person therein named is worth the full amount for which he is required to become surety; 3 W. 4, c. 8, ss. 3, 7. 5. Nor until such Bond and one of such Duplicate Covenants, together with the Affidavit of Qualification and the Certificate of the Chairman of the Quarter Sessions hereinbefore required, the Minister of have been deposited in the office of the Minister of Finance, and the other of such Duplicate Covenants has been filed in the Office also deposited of the Clerk of the Peace of the County, for which filing such Clerk shall be entitled to a fee of fifty cents; but in case a person Finance. Covenant to be in office of Clerk of the Peace. has has been appointed Sheriff of a Junior County, about to be separated from a Union of Counties, under the Act for the regulation of Municipal Institutions in Upper Canada, he shall have six months after the dissolution of the Union to make the affidavit of Qualification, and to give the Securities required by Law, and if he makes default, his office shall, after the expiration of such six months, become vacant. 3 W. 4, c. 8, s. 4,--12 V. c. 78, s. 17. 2. Any person may examine the Covenant of the Sheriff and Any person his sureties, and the Clerk in possession thereof shall, on demand, may examine deliver to any person, who desires the same, a copy thereof, on nant on paypayment of the following fees: For Search and Examination of Covenant.... 3 W. 4, c. 8, s. 5. cts. 0 25 ment of certain fees. 3. The Covenant entered into shall specify the following Covenant to sums as the extent to which the parties thereto shall be severally considered as covenanting to afford indemnity, that is to say: specify the the Sheriff and sums in which sureties cove. nant to afford The Sheriff four thousand dollars; Two Sureties two thou- indemnity. sand dollars each, or four Sureties one thousand dollars each; 3 W. 4, c. 8, ss. 2, 8, 20, 21. sureties. And such Covenants shall be available to and may be sued upon Nature of the by any person suffering damages by the default or wilful mis- liability of the conduct of the Sheriff, and such Sureties shall be liable to indemnify the parties to any legal proceeding against any omission or default of the Sheriff in not paying over moneys received by him, and against any damages sustained by any such party in consequence of the Sheriff's wilful or negligent misconduct in his office, and the Sheriff shall be joined in any action to be brought on such Covenant. 3 W. 4, c. 8. s. 21. nant not to dis 4. Except as hereinafter mentioned, the person so suing, or Actions on any other person, notwithstanding such suit, may bring an ac- Sheriff's Covetion upon the same Covenant for any other default or mis- charge subsefeasance, and such action shall not be barred by reason of any quent actions prior recovery, or of any judgment for the Defendant rendered ant for other in a former action, or of any other action being depending upon causes. the same Covenant for any distinct cause of action. 3 W. 4, c. 8, s. 12. on same Cove full amount of 5. In case any of the Sureties has paid or become liable Any surety under his Covenant or Bond to pay an amount equal to the having paid the sum for which he became Surety, the Bond or Covenant shall his liability as to him be deemed discharged and satisfied as to any claim shall be discharged, and thereon beyond such payment or liability; and the Sheriff Sheriff shall shall, within four months after such discharge, give anew procure anosuch Securities as are required by this Act; but if the amount ther surety. In case of the death, absence or insolvency of any surety, new sureties to be given. vernor, in which case new sureties may be required. amount which such Surety has paid or has become liable 3 6. In case proof be made, by affidavit or otherwise to the Court of General Quarter Sessions of the Peace for the County, that any of the Sureties in any such Bond or Covenant has died or become resident out of Upper Canada, or become insolvent, or that the Covenant has been discharged as aforesaid, the said Court shall give notice thereof to the Sheriff, and the Sheriff shall, within four months after such notice has been given, give anew the like Bond or Covenant (as the case may be), as hereinbefore required, and the Sheriff shall in all other respects observe the same formalities in furnishing Securities, giving notice of death, bankruptcy, insolvency or removal from Upper Canada of any of his Sureties, and in registering and depositing his Bond and Securities as other persons, and shall be liable to all the penalties and forfeitures mentioned in the Act of this Province to regulate the giving of Securities by Public Officers. 3 W. 4, c. 8, ss. 9, 15,-4, 5, V. c. 91, s. 6. Sureties ap7. In case during the period for which any Covenant required prehending by this Act has been given, any one of the Sureties apprehends Insolvency of the Sheriff may that the Sheriff has become insolvent, or has not property to notify the Go- the amount of three thousand dollars over and above all incumbrances and debts, and transmits to the Governor an affidavit to that effect made by him and sworn before a Commissioner for taking affidavits in one of the Superior Courts of Common Law, the Secretary of the Province shall thereupon officially notify such Sheriff that he must forthwith furnish new Security in the manner pointed out by this Act, or on affidavit deny that he is insolvent, or allege that he is worth the sum of three thousand dollars over and above all incumbrances and debts, and if the Sheriff does not comply with such requisition within one month next after the sitting of the Court of Quarter Sessions next ensuing such notification, he shall for that cause be removed from office. 3 W. 4, c. 8, s. 10. New sureties being given not to discharge prior defaults. Executions against Sheriffs and their sureties, o be 8. In case any new Surety be given, either at the end of the stated period or by way of substitution for any other Surety within the period, the former Surety shall only be discharged as to defaults or misfeasances suffered or committed after the perfecting of the new Security, and not as to any previous defaults or misfeasances. 3 W. 4, c. 8, s. 11. 9. Upon any Writ of Execution under a judgment recovered on such Covenant, the Plaintiff or his Attorney shall, by an indorsement on the writ, direct the Coroner to levy the amount |