Act, be renewed under the provisions of, and in the manner IX. Causes of action of whatever kind, provided they be by What causes and against the same parties and in the same rights, may be of action may be joined. joined in the same suit, but this shall not extend to replevin or ejectment, or to causes of action which are local and arise in different Counties, and the Court or a Judge shall have power to prevent the trial of different causes of action together, if such trial would be inexpedient, and in such case the Court or a Judge may order separate records to be made up and separate trials to be had; Provided always, that nothing herein con- Proviso. tained, shall be construed to restrict or diminish the obligation or right of a Plaintiff to include in one action all or any of the drawers, makers, endorsers and acceptors of any Bill of Exchange or Promissory Note. X. If it be made to appear, at any time after the issuing of Matters of acthe writ of any County Court, to the satisfaction of the Judge, count may be decided sumupon the application of either party, that the matters in dispute marily or reconsist wholly or in part of matters of mere account, which ferred. cannot conveniently be tried in the ordinary way, it shall be lawful for such Judge, upon such application, if he think fit, to decide such matter in a summary manner, or to order that such matter, either wholly or in part, be referred to an arbitrator appointed by the parties, upon such terms as to costs and otherwise as such Judge shall think reasonable; and the decision or order of such Court or Judge, or the award or certificate of such referee, shall be enforceable by the same process as the finding of a Jury upon the matter referred. to items in ed. XI. If it shall appear to the Judge that the allowance or Questions of disallowance of any particular item or items in such account law or fact as depends upon a question of law fit to be decided by the Court such account, or upon a question of fact fit to be decided by a Jury, it shall how determinbe lawful for such Judge to direct a case to be stated or an issue or issues to be tried; and the decision of the Judge upon such case, and the finding of the Jury upon such issue or issues, shall be taken and acted upon by the arbitrator as conclusive. cial case in XII. It shall be lawful for the arbitrator upon any compul- Arbitrator sory reference under this Act, if he shall think fit, and if it is may state spenot provided to the contrary, to state his award as to the whole award. or any part thereof, in the form of a special case for the opinion. of the Court; and when an action is referred, judgment, if so ordered, may be entered according to the opinion of the Court. Proceedings cases. XIII. The proceedings upon any such arbitration as aforein arbitration said shall, except otherwise directed hereby or by the submission or document authorizing the reference, be conducted in like manner and subject to the same rules and enactments as to the power of the arbitrator and of the Court, the attendance of witnesses, the production of documents, enforcing or setting aside the award, or otherwise, as upon a reference made by consent under a rule of the Superior Courts or Judge's order. Matters of be referred. XIV. In actions in which it shall appear to the Judge that mere calcula- the amount of damages which ought to be recovered by the tion need not Plaintiff is substantially a matter of calculation, it shall not be necessary to assess the damages by a Jury, but the Judge may ascertain the amount for which final Judgment is to be signed, and the attendance of witnesses and the production of documents before such Judge may be compelled by subpoena, in the same manner as before a Jury; and it shall be lawful for such Judge to appoint the day for hearing the case, and to adjourn the inquiry from time to time, as occasion may require; and such Judge shall make an order in writing declaring the amount found by him, and such and the like proceedings may thereupon be had, as to taxation of costs, signing Judgment, and otherwise, as upon the finding of a Jury upon an assessment of damages. Where the Plaintiff ne the matter to &c. XV. Where any issue is or shall be joined in any cause, and the Plaintiff has neglected or shall neglect to bring such issue on glects to bring to be tried at the first sittings of the Court then next following, trial; Plaintiff whether the Plaintiff shall in the meantime have given notice may apply, of trial or not, the Defendant may give twenty days' notice to the Plaintiff to bring the issue on to be tried at the next sittings of the Court after the expiration of the notice; and if the Plaintiff afterwards neglects to give notice of trial for such sittings or to proceed to trial as required by the said notice given by the Defendant, the Defendant may suggest on the record that the Plaintiff has failed to proceed to trial, although duly required so to do, (which suggestion shall not be traver sable, but only be subject to be set aside if untrue,) and may And sign judg- sign Judgment for his costs; provided that the Judge shall have power to extend the time for proceeding to trial, with or without terms. ment, Judge may require witnesses or documents, on hearing motions, &c. XVI. Upon the hearing of any motion or Summons, it shall be lawful for the Judge, at his discretion and upon such terms as he shall think reasonable, from time to time to order such documents as he may think fit to be produced, and such witnesses as he may think necessary, to appear and be examined viva voce either before such Judge or before the Clerk of the Court, and upon hearing such evidence or reading the report of the Clerk, to make such order as may be just. have his debtor examined as to his pro XVII. It shall be lawful for any creditor who has obtained Judgment crea Judgment in any County Court, to apply to the Judge for a ditor may rule or order that the Judgment debtor should be orally examined as to any and what debts are owing to him, before such Judge of any County Court or before any other person to be perty. specially named, and the Judge may make such order for the examination of such Judgment debtor, and for the production of any books or documents, and the examination shall be conducted in the same manner as in the case of an oral examination of an opposite party under this Act. And with respect to costs; Be it enacted : XVIII. Until otherwise ordered by rule of Court made in Fees to remain pursuance of the "Common Law Procedure Act, 1856," the as now until costs of Writs issued under the authority of this Act and of altered. all other proceedings under the same, shall be and remain, as nearly as the nature thereof will allow, the same as heretofore, but in no case greater than those already established, except that there shall be payable to the Clerks of the County Courts Exception for and to form part of the general fee fund, the following fees, viz for every Special Hearing before the Judge five shillings, and the sum of ten shillings for every day's sittings in taking examinations and evidence, and the like sum on every reference to the County Judge from the Superior Courts, together with one shilling per folio on the evidence taken before him, and five shillings for every report thereon; Provided always, that here- Proviso. after no mileage shall be taxed or allowed for the service of any Writ, paper or proceeding, without an affidavit being made and produced to the proper taxing officer, stating the sum actually disbursed and paid for such mileage and the name of the party to whom such payment was made. vided for. XIX. In any case not expressly provided for by law, the Practice in practice and proceedings in the several County Courts in Up- ca es not proper Canada shall be regulated by and shall conform to the practice of the Superior Courts of Common Law at Toronto ; and the practice of the said Superior Courts, as the same remains now or may be hereafter altered, shall, in matters not expressly provided for as aforesaid, apply and extend to the County Courts and to all actions and proceedings therein. XX. And whereas it is expedient to enlarge and more clear Recital. ly define the jurisdiction of the several County Courts in Upper Čanada-It is enacted, That for and notwithstanding any thing Jurisdiction of contained in the first section of an Act of the Parliament of this County Courts Province, passed in the thirteenth and fourteenth years of Her enlarged, notwithstanding Majesty's Reign, intituled, An Act to amend and alter the Acts 13 & 14 V. regulating the practice of the County Courts in Upper Canada, c.52. and to extend the jurisdiction thereof, or any other Act of the Parliament of this Province, the said County Courts respectively shall hold plea of all personal actions where the debt Proviso: as to cases involving title to land. Fees in certain or damages claimed is not more than fifty pounds, and of all causes or suits relating to debt, covenant or contract where the amount is liquidated or ascertained by the act of the parties or the signature of the defendant, to one hundred pounds; Provided always, that the said County Courts shall not have cognizance of any action where the title to land shall be brought in question, or in which the validity of any devise, bequest or limitation under any will or settlement may be disputed, or for any libel or slander, or for criminal conversation or for seduction. XXI. In all applications and proceedings before the County special cases. Judges, not relating to suits instituted in any Court of Civil Judicature in Upper Canada, there shall be payable to the Clerks of the several County Courts, for and to form part of the general fee fund thereof, such fees, as nearly as the nature of the case will allow, as are now payable on proceedings under the Act for the relief of insolvent debtors. Judge's salary to be from £250 to £650, and fixed by Go vernor in Council. Part of Sche dule of fees to 8 V. c. 13, repealed, and XXII. Every County Judge shall be paid by a certain salary of not more than six hundred and fifty pounds or less than two hundred and fifty pounds; and the Governor in Council shall fix the remuneration to be paid to the Judges respectively, having due regard as well to the population of the several Counties or Unions of Counties, as to the amount of fees received by the County Treasurer, under the several Statutes establishing Fee Funds; and the remuneration of Judges may be increased, or as vacancies shall occur may be diminished, by the Governor in Council. XXIII. So much of the Schedule of Fees annexed to the Act passed in the eighth year of Her Majesty's Reign, chaptered thirteen, as applies to the "Fees to be received by the Clerk, and to belong to and be paid over to the Fee Fund," and the whole of Schedule A annexed to an Act passed in the ninth year of Her Majesty's Reign, chaptered seven, shall be and New Schedule the same are hereby repealed, and the following Schedule is substituted therefor: the whole of substituted. The Schedule. Every Writ of Summons or Cupias ad Respondendum, one shilling and six pence, Every Verdict, six shillings and three pence, Executing each Writ of Trial and Enquiry and making Return thereto, six shillings and three pence, Every Report made by the Judge of the proceedings on executing a Writ of Trial or Enquiry, five shillings, Every Certificate of proceedings made by the Judge to be transmitted to the Court of Queen's Bench, two shillings and six pence, Every Rule requiring a motion in open Court, one shilling and six pence, Every Rule or Order of Reference, one shilling and six pence, Every other Rule or Judge's order, one shilling and three pence, Every Recognizance of Bail taken by Judge, one shilling and six pence, Every Affidavit administered by Judge, one shilling, Every Computation of principal and interest on a Bill, Every Judgment entered, six shillings and three pence, age. XXIV. In addition to the Fees now received by each Sheriff's mileSheriff for mileage and poundage, it shall be lawful for him age and poundto charge and receive for mileage, two pence per mile on all writs executed, and for poundage, upon all moneys actually made under a fi. fa. or a ca. sa, six pence in the pound. of York and XXV. It shall be lawful for the Governor in Council to Extra allowcause to be paid to the Clerk of the County Court for the ance to Clerk United Counties of York and Peel, and after the dissolution of Peel. the Union of such Counties, to the Clerk of the County Court for the County of York, over and above all Fees now received by him, an allowance not to exceed one hundred pounds per annum, out of any surplus that may remain of the Fee Fund of such United Counties or County, after all present charges thereon shall have been first defrayed. XXVI. The provisions of this Act, shall come into opera- Commencetion on the twenty-first day of August, one thousand eight ment of this hundred and fifty-six. Act, XXVII. In citing this Act, in any instruments, documents Short Title. or proceedings, it shall be sufficient to use the expression, "The County Courts Procedure Act, 1856." САР. ХСІ. An Act to amend the Act to alter and amend the Act regulating the practice of the County Courts in Upper Canada, and to extend the jurisdiction thereof. [Assented to 1st July, 1856.] HEREAS the large number of cases usually entered for Preamble. trial at the Assizes for the United Counties of York and Peel render it difficult to provide for the despatch of business as at present conducted: Therefore, Her Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows: the jurisdic I. From and after the passing of this Act, no plaintiff having a Cases within cause of action within the jurisdiction of the County Court in tion of the 23 * said |