of the Shareholders of the Company, to be held on the day of next, in such matter as the said Lewis Shaw doth think proper. IN WITNESS WHEREOF, the said A. B., doth hereunto set his hand (or, if the Corporation, say, the Common Seal of the Corporation,) Dated at this day of A. D. 185. [Seal.] A DIRECTOR'S PROXY. I hereby appoint Charles Hall, of the City of Toronto, in the County of York, in the Province of Canada, Esquire, one of the Directors of the [here name the Bank or Company:] To be my Proxy, as Director of the said Bank or Company, as the case may be; And as such proxy to vote for me at all meetings of the directors of the said company, and generally to do all that I could myself do as such Director, if personally present at such meeting. IN WITNESS WHEREOF, I the undersigned, have hereunto set my hand and affixed my seal, at this day of A. D. 1854. JOHN WALKER. (Director not to act for more than three Directors.) [Seal] STATEMENT OF THE LIABILITIES AND ASSETS OF A BANK. Statement of the Liabilities and Assets of the Bank of on the day of LIABILITIES. Bank Notes in circulation not bearing interest....£ Cash deposits not bearing interest. Other liabilities, if any, stating their nature.. Bank Notes, or Promissory Notes and Bills of other Balances due from other Banks.. Notes and Bills discounted or other debts due to the Bank, not included under the foregoing Total Assets. £ ...... : FEES TO JUSTICES OF THE PEACE, (C. W.) Established by an Act of 14 & 15 Vict., Cap. 119, 1851. BY THE SECOND SECTION: It is enacted, That from and after the passing of this Act, the following Fees, and no other, shall be taken from the parties prosecuting, by Justices of the Peace in Upper Canada, or by their Clerks, for the duties and services. hereinafter mentioned, that is to say: For information and Warrant for apprehension, or for an information and Summons for assault, trespass, or other misdemeanor, Two Shillings and Sixpence ; For each Copy of Summons to be served on Defendant or Defendants, Six Pence; For a Subpana, Six Pence,-only one on each side is to be charged for on each case, which may contain any number of names; and if the justice of the case shall require it, additional Subpænas shall be issued without charge; For every Recognizance, One Shilling and Three Pence,—only one to be charged in each case; For every Certificate of Recognizance under the Act of Upper Canada, Seventh William the Fourth, chapter ten, Öne Shilling and Three Pence ; For information and Warrant for surety of the peace or good behaviour, to be paid by complainant, Two Shillings and Six Pence; For Warrant of Commitment for default of surety to keep peace or good behaviour, to be paid by complainant, Two Shillings: and Six Pence; III. And be it enacted, That the costs to be charged in all cases of convictions, where the Fees are not expressly prescribed by any Statute, other than the Statute hereinbefore repealed,. shall be as follows, that is to say: For information and Warrant for apprehension, or for information and Summons for service, Two Shillings and Six Pence; For every Copy of Summons to be served upon Defendant or Defendants, Six Pence; For every Subpæna to a Witness, (as provided in the second section of this Act,) Six Pence; For Hearing and Determining the case, Two Shillings and Six. Pence ; For Warrant to levy Penalty, One Shilling and Three Pence; For making up every Record of Conviction when the same is ordered to be returned to the Sessions, or on Certiorari, Five. Shillings. Provided always, That in all such cases as admit of a summary proceeding before a single Justice of the Peace, and wherein no higher penalty than Five Pounds can be imposed, the sum of 161 Two Two Shillings and Six Pence only shall be charged for the conviction, and One Shilling and Three Pence for the Warrant to levy the Penalty; and that in all cases where persons are subpœnaed to give evidence before Justices of the Peace in case of assault, trespass or misdemeanor, such Witness shall be entitled, in the discretion of the Magistrate, to receive at the rate of Two Shillings and Six Pence for every day's attendance, where the distance travelled in coming to and returning from such adjudication does not exceed ten miles, and Three Pence for each mile above ten. Every Bill of Costs, when demanded to be made out in detail, when demanded, Six Pence; Copy of any other paper connected with any trial, and the Minutes of the same if demanded, every folio of one hundred words, Six Pence. SUMMARY CONVICTIONS ACT, (C.W.) 16 VICT. 1853. CAP. CLXXVIII. AN ACT TO FACILITATE THE PERFORMANCE OF THE DUTIES OF JUSTICES OF THE PEACE, OUT OF SESSIONS, IN CANADA WEST, WITH RESPECT TO SUMMARY CONVICTIONS AND ORDERS. WE [Assented to, 14th June, 1853.] HEREAS it would conduce much to the improvement of the administration of justice within that part of this Province called Upper Canada, so far as respects Summary Convictions and Orders to be made by Her Majesty's Justices of the Peace therein, if the several Statutes and parts of Statutes relating to the duties of such Justices in respect of such Summary Convictions and Orders were consolidated, with such additions and alterations as may be deemed necessary, and that such duties should be clearly defined by positive enactment: Be it therefore enacted, &c., That in all cases where an Information shall be laid before one or more of Her Majesty's Justices of the Peace for any Territorial Division in Upper Canada, that any person has committed or is suspected to have committed any offence or act within the jurisdiction of such Justice or Justices of the Peace, for which he is liable by law upon a Summary Conviction for the same before a Justice or Justices of the Peace, to be imprisoned or fined or otherwise 162 punished; punished; and also in all cases where a complaint shall be made to any such Justice or Justices, upon which he or they have or shall have authority by law to make any Order for the payment of money or otherwise, then in every such case it shall be lawful for such Justice or Justices of the Peace to issue his or their Summons (A), directed to such person, stating shortly the matter of such information or complaint, and requiring him to appear at a certain time and place, before the same Justice or Justices, or before such other Justice or Justices for the same Territorial Division as shall then be there, to answer to the said information or complaint, and to be further dealt with according to law; and every such Summons shall be served by a Constable or other Peace Officer, or other person to whom the same shall be delivered, upon the person to whom it is so directed, by delivering the same to the party personally, or by leaving the same with some person for him, at his last or most usual place of abode; and the Constable, Peace Officer, or person who shall serve the same in manner aforesaid, shall attend at the time and place, and before the Justices in the said Summons mentioned, to depose, if necessary, to the service of the said Summons; Provided always, that nothing herein mentioned shall oblige any Justice or Justices of the Peace to issue any such Summons in any case where the application for any Order of Justices is by law to be made ex parte: Provided also, that no objection shall be taken or allowed to any Information, Complaint or Summons, for any alleged fact therein, in substance or in form, or for any variance between such Information, Complaint or Summons, and the evidence adduced on the part of the Informant or Complainant at the hearing of such information or complaint as hereinafter mentioned; but if any such variance shall appear to the Justice or Justices present and acting at such hearing to be such that the party so summoned and appearing has been thereby deceived or misled, it shall be lawful for such Justice or Justices, upon such terms as he or they shall think fit, to adjourn the hearing of the case to some future day. II. And be it enacted, That if the person so served with a Summons as aforesaid shall not be and appear before the Justice or Justices at the time and place mentioned in such Summons, and it shall be made to appear to such Justice or Justices, by oath or affirmation, that such Summons was so served what shall be deemed by such Justice or Justices to be a reasonable time before the time therein appointed for appearing to the same, then it shall be lawful for such Justice or Justices, if he or they shall think fit, upon oath or affirmation being made before him or them, substantiating the matter of such information or complaint to his or their satisfaction, to issue his or their Warrant (B) to apprehend the party so summoned, and to bring him before 163 the the same Justice or Justices or before some other Justice or Justices of the Peace in and for the same Territorial Division, to answer to the said information or complaint, and to be further dealt with according to law; or upon such information being laid as aforesaid for any offence punishable on conviction, the Justice or Justices before whom such information shall have been laid may, if he or they shall think fit, upon oath or affirmation being made before him or them substantiating the matter of such information to his or their satisfaction, instead of issuing such Summons as aforesaid, issue in the first instance his or their Warrant (C) for apprehending the person against whom such information shall have been so laid, and bringing him before the same Justice or Justices, or before some other Justice or Justices of the Peace in and for the same Territorial Division, to answer to the said information, and to be further dealt with according to law; or if where a Summons shall be so issued as aforesaid, and upon the day and at the place appointed in and by the said Summons for the appearance of the party so summoned, such party shall fail to appear accordingly in obedience to such Summons, then and in every such case, if it be proved upon oath or affirmation to the Justice or Justices then present, that such Summons was duly served upon such party a reasonable time before the time so appointed for his appearance as aforesaid, it shall be lawful for such Justice or Justices of the Peace to proceed ex parte to the hearing of such information or complaint, and to adjudicate thereon, as fully and effectually to all intents and purposes as if such party had personally appeared before him or them in obedience to the said Summons. III. And be it enacted, That every such Warrant to apprehend a Defendant, that he may answer to such information or complaint as aforesaid, shall be under the Hand and Seal or Hands and Seals of the Justice or Justices issuing the same, and may be directed to all or any of the Constables or other Peace Officers of the Territorial Division within which the same is to be executed, or to such Constable and all other Constables within the Territorial Division within which the Justice or Justices issuing such Warrant hath or have jurisdiction, or generally to all Constables within such last mentioned Territorial Division; and it shall state shortly the matter of the information or complaint on which it is founded, and shall name or otherwise describe the person against whom it has been issued, and it shall order the Constable or other Peace Officer to whom it is directed, to apprehend the said Defendant, and to bring him before one or more Justice or Justices of the Peace, as the case may require, of the same Territorial Division, to answer to the said information or complaint, and to be further dealt with according to law; and 164 |