All parties to a be joined in one action. 23. The holder of any Bill of Exchange or Promissory Note, bill or note may may, instead of bringing separate suits against the drawers, makers, endorsers and acceptors of such Bill or Note, include all or any of the parties thereto in one action, and proceed to judgment and execution in the same manner as though all the Defendants were joint contractors. 5 W. 4, c. 1, s. 2,-13, Defendants parately. 14 V. c. 59. 24. In any such action, any joint drawer, maker, endorser or may plead se- acceptor, may plead in abatement the non-joinder of any other joint drawer, maker, endorser or acceptor, in the same manner as though this Act had not been passed; but no judgment to be rendered in pursuance of this Act shall be of any effect against a party not served with process. 5 W. 4, c. 1, s. 3. Judgment may be rendered against one or more. Rights of parties between themselves not to be affected. When defendants in such suits may be witnesses. When execu ed defendants 25. In any such action, judgment may be rendered for the Plaintiff against some one or more of the Defendants, and also in favour of some one or more of the Defendants against the Plaintiff, according as the rights and liabilities of the respective parties may appear, either upon confession, default, by pleading, or on trial; and when judgment is rendered in favour of any Defendant, he shall recover costs against the Plaintiff in the same manner as though judgment had been rendered for all the Defendants. 5 W. 4, c. 1, s. 5. 26. The rights and responsibilities of the several parties to any such Bill or Note, as between each other, shall remain the same as though this Act had not been passed, saving only the rights of the Plaintiff, so far as they may have been determined by the judgment. 5 W. 4, c. 1, s. 8. 27. In every such suit any Defendant shall be entitled to the testimony of any co-defendant as a witness, in case the Defendant or Defendants calling the witness would have been entitled to his testimony had such co-defendant not been a party to the suit, or individually named in the Record. 5 W. 4, c. 1, s. 9. 28. In case an action be brought against more than one Defentions of deceas- dant under this Act, who must otherwise have been sued sepa may be sued. rately, and it happens that any Defendant dies pending the suit, an action may nevertheless be brought against the executors or administrators of such deceased Defendant. 5 W. 4, c. 1, s. 11 If one or more of several defendants absent. 29. When several Defendants are included in one process, under this Act, and any of them cannot be served therewith by reason of absence from or concealment within Upper Canada, then the action may proceed as against the other Defendant or Defendants without prejudice; and the Plaintiff may afterwards sue the Defendant separately who has not been served with process, and may recover costs as if this Act had not been passed. 5 W. 4, c. 1, s. 13. 30. In case any of the parties to a Bill of Exchange, When parties Promissory Note or other written Instrument, are designated signing their initials may be therein by the initial letter or letters, or some contraction of the proceeded Christian or first name or names, they may be designated in against by such the same manner in an affidavit to support an application for a Judge's order to hold to bail, and in any process or declaration, made, sued out, or filed against them upon or in respect of such Bill, Note or Instrument. 7 W. 4, c. 3, s. 9. initials. 31. The Plaintiff in any joint action against the drawers, Forms of demakers, endorsers and acceptors, or any of them, of any Bill of claring. Exchange or Promissory Note, may, unless otherwise provided by rule of Court, declare in the forms numbered one and two upon such Bill or Note, varying the same according to the circumstances of the case. 3 V. c. 8, s. 2. 32. In such action, any person sued may set-off against the Defendants may Plaintiff any payment, claim or demand, whether joint or plead set-off. several, which in its nature and circumstances arises out of or is connected with the Bill or Promissory Note, that forms the subject of such joint action, or the consideration thereof, in the same manner and to the same extent as though such Defendant had been separately sued; and if the jury, after allowing any demand as a set-off, still find a balance in favour of the Plaintiff, they shall state in the verdict the amount which they allow to each Defendant as a set-off against the Plaintiff's demand. 3 V. c. 8, s. 3. not admissible 33. In case any action be founded upon a lost Bill of Ex- When the loss change, or other negotiable Instrument, then upon an in- of a bill or note demnity to the satisfaction of the Court or a Judge, or of any as a defence. officer of the Court to whom such indemnity is referred, being given to the Defendant against the claims of any other person upon him in respect of such Instrument, the Court or a Judge may order that such loss shall not be set up as a defence in such action. 19 V. c. 43, s. 292. dure Act to ap 34. The provisions of the Common Law Procedure Act and The Common all rules of Court made under or by virtue thereof, shall, so Law Procefar as the same are or may be made applicable, extend and ply to proceedapply to all proceedings to be had or taken under the twenty- ings under 23rd third and following sections of this Act, and the powers con- sections of this ferred on the Judges by that Act are hereby extended to the Act. making from time to time of all rules and new forms of proceedings necessary for giving effect to this Act. 20 V. c. 57, s. 31. and following 35. In case several suits be brought on one Bond, Re- If several suits cognizance or other instrument against the different parties to be brought against sepathe same, or on one Promissory Note or Bill of Exchange, or rate parties, against the maker, drawer, acceptor or indorser of such Note or costs of disBill respectively, there shall be collected or received from the only recoverDefendant the costs taxed in one suit only, at the election of able except in the one case. Forms. the Plaintiff, and in the other suits the actual disbursements only shall be collected or received from the Defendant; but this provision shall not extend to any interlocutory costs in any of such suits. 5 W. 4, c. 1, s. 1. See Common Law Proce dure Act, chapter 22, s. 329, p. 255. 36. The following forms are those referred to in the foregoing Sections of this Act: his Promissory Note in writing, and thereby promised 3 V. c. 8 Schedule. 2.-On a Bill of Exchange.-See s. 31. For that whereas the said day of al Exchange in writing directed to , (setting forth the Bill according to its tenor and effect,) and the said (the last en- 3 V. c. 8 Schedule. САР. CAP. XLIII. An Act respecting Interest. ER Majesty, by and with the advice and consent of the follows: 1. Interest shall be payable in all cases in which it is now pay- Interest may able by law, or in which it has been usual for a Jury to allow it. be allowed 7 W. 4, c. 3, s. 20. where it has been usual. and overdue. 2. On the trial of any issue, or on any assessment of damages, When allowed upon any debt or sum certain, 1. Payable by virtue of a written on debts certain instrument at a certain time, the Jury may allow interest to the Plaintiff from the time when such debt or sum became payable or 2. If payable otherwise than by virtue of a written instrument at a certain time, the Jury may allow interest from the time when a demand of payment is made in writing informing the debtor that interest will be, claimed from the date of such demand. 7 W. 4, c. 3, s. 20. actions of tort. 3. In actions of Trover or Trespass de bonis asportatis, When by way the Jury may give interest in the nature of damages over and of damages in above the value of the goods at the time of the conversion or seizure, and in actions on Policies of Insurance may give interest over and above the money recoverable thereon. 7 W. 4, c. 3, s. 21. interest for the exceed six greater interest 4. Except as authorized and provided in the Act of the Pro- In what cases vince of Canada respecting interest, it shall not be lawful upon loan of moneys, any contract to take, directly or indirectly, for loan of any mo- &c., shall not neys, wares, merchandize, or other commodities whatsoever, dollars per cenabove the value of six dollars for the advance or forbearance tum for a year. of one hundred dollars for a year; and so after that rate for a greater or less sum or value, or for a longer or shorter time; and All bonds, conexcept as aforesaid, all bonds, bills, promissory notes, con- tracts, &c., tracts and assurances whatsoever, whereupon or whereby a whereupon a greater interest is reserved and taken, shall be utterly void; is reserved shall and every person who shall either directly or indirectly take, be void accept and receive, a higher rate of interest, shall forfeit and Penalties for lose for every such offence, treble of the value of the moneys, receiving a wares, merchandize and other things lent or bargained for, to interest. be recovered by action of debt in either of the Superior Courts How recoverof Common Law in Upper Canada, and a moiety of such for- ed. feiture shall be paid into the hands of Her Majesty's Receiver General for the use of Her Majesty, towards the support of the Civil Government of this Province, and the other moiety to him or them that sue for the same. 51 G. 3, c. 9, s. 6. higher rate of Act to apply on An Act respecting written Promises and Acknowledgments of Liability. Written memo ed to take the case out of the tations. ER Majesty, by and with the advice and consent of the follows: 1. This Act shall operate and apply retrospectively to the first day of January, one thousand eight hundred and fifty-two, as well as prospectively, and shall be construed as if it had been passed on the said first day of January, one thousand eight hundred and fifty-two. 13, 14 V. c. 61, s. 8. 2. In all actions: 1. Of account and upon the case other randum requir- than such accounts as concern the trade of merchandize between merchant and merchant, their factors or servants; 2. In all actions on simple contract or of debt grounded upon any lending or contract without specialty, and in all actions of debt for arrearages of rent, 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 Act, passed in England in the twenty-first year of the Reign of King James the First, respecting such actions as aforesaid, or to deprive any party of the benefit thereof, unless such acknowledgment or promise be made or contained by or in some writing to be signed by the party chargeable thereby. 13, 14 V. c. 61, s. 1. гроз -- See 45-1863 Case of two or tractors or exe- 3. Where there are two or more joint contractors, or execumore joint con- tors or administrators of any contractor, no such joint contractor, executor or administrator shall lose the benefit of the said Act so as to be chargeable in respect or by reason only of any written acknowledgment or promise made and signed by any other or others of them, or by reason of any payment of any principal or interest made by any other or others of them. 14 V. c. 61, s. 1. 13, 4. In actions commenced against two or more such joint contractors, executors or administrators, if it appears at the trial or otherwise that the Plaintiff, though barred by the said Act of King James the First or by this Act, as to one or more of such joint contractors, or executors or administrators, is nevertheless entitled to recover against any other or others of the Defendants, by virtue of a new acknowledgment, promise or payment as aforesaid, judgment shall be given and costs allowed for the Plaintiff as to such Defendant or Defendants against whom he may recover, and for the other Defendant or Defendants against the Plaintiff. P13, 14 V. c. 61, s. 1. fendants who 5. If upon a plea in abatement in any such action for the nonjoinder of any person or persons, who, it is alleged, ought to have been sued jointly, it appears at the trial or otherwise, that the action could not, by reason of the said Act of King James or |