tgfacilitate the remedies 012 bills of exchange thereon

/3/

TG facilitate t h e remedies 012 Bills of Exchange

thereon.

VU HERE AS, bona ñde holders of dis-»' honored Bills o f Exchange and Pro­

missory Notes are often unjustly delayed and put to unnecessary expense i n recov­ering the amount thereof b y reason of frivolous or fictitious defences to actions thereon, and it is expedient tha t greater facilities than now exist should b e given for the recovery of money due on such Bills and Notes :

Be it therefore enacted b y the Governor on behalf of Her Majesty, b v and with the

•J •/ ' w

advice and consent of t h e ' Legislative Council and Assembly of the Colony of Vancouver Island and i ts dependencies a s follows :

From, the passage o* this Act all actions upon Bms of Exchange may le ly Writ of Summons as in the Form in schedule A. Plaintiff on filing affidavit of per­sonal service may at once, sign final judg­ment as in form in schedule JB.

I. From and after the passage of this Act all actions upon Bills of Exchange o r

Promissory Notes commenced within six months after the same shall have become due and payable, may be by wr i t of sum­mons in the special form contained in schedule A., t o this Act annexed, and en­dorsed as therein mentioned, and it shall be lawful for the Plaintiff on filing an affida­vit of personal service of such W r i t within the jurisdiction of the Court, or an order for leave t o proceed as provided by the Common Law Procedure Act 1852, and a Copy of the "Writ of Summons and the indorsements thereon in case the Defend­ant shall not have obtained leave to ap­pear and have appeared t o such W r i t according to the exigency thereof, a t once to sign final judgment in the form con­tained in schedule B. to this Act annexed (on which payment n o proceeding in error shall lie) for any sum not exceeding the sum indorsed on the Writ , together with interest a t the rate specified (if any) to the date of judgment, and a sum for costs t o be fixed by the Chief Justice of Vancouver Island, unless the Plaintiff claim more

than such fixed sum, in which, case the Remedy for recovery of costs qf wiing no:-costs shall be taxed i n the ordinary way. ax:ceeptance of dishonored Bilis. and the Plaintiff may upon such judgment V . The holder of every dishonored Bil. issue Execution forthwith. of Exchange o r Promissory note shall o »

have the same remedies for the recovery Defendant showing a defence vpon the of the expenses incurred in noting the

merits, to have leave to appear. same for non-acceptance or non-pannes:. TT rrn „ T -a n • v o r otherwise b y reason of suca dishonor I I . The Chief Justice shall, upon apph- , , , - . , . ¿ * as he has under this Act for the recover

cation within the period o í twelve davs ^ , • oi trie amount oí sucn Bui or note,

from such service, give leave to appear t o such writ and to defend the action on the Defendant paying into Court the sum en­dorsed on the Wr i t , o r upon affidavits satisfactory to the Judge, which disclose a legal or equitable defence, or such facts as would make i t incumbent on the holder

Holder of Bill of Exchange may issue or¿ Summons against oil or any of the par­ties to the Bill.

T L The holder of any Bill of Exchange o r Promissory note may. if he think fit. issue one TT r i t of Summons according to

t o prove consideration, o r such other fac ts j ^ A c t a g a i n 3 t a l l Q r a n y n u f f i b er ¿ ^

as the t_hief Just ice ma\ deem sufficient to p i t i e s t o such Bill or note, and such Writ support t h e application, and on such terms ; o f Summons shall be the 'commencement a s t o security o r otherwise a s t o the Chief ¡ 0 f a n a c t i o n or actions against the parties Justice may seem fit. therein named respectively, and all subse­

quent proceedings against such respective Chief .Justice may under special circum- parties shall b e in like manner, so far

may be, a s i f separate TVrits of SumrnoK stances set aside judgment.

I Ï I . A f t e r judgment t h e Chief Justice had been issued. may, under special circumstances, set aside the judgment, and if necessary stay or set Common Laic Procedure Acts ünä-But# aside Execution, and may give leave to appear to the "Writ and t o defend the

incorporated in this Ad.

T I L The Provisions of the Acts of tie Action, if i t shall appear to be reasonable Imperial Par l iament named the " Common t o the . Chief Justice so to do, and on such Law Procedure Act 1S52, and the Com-terms a s mav seem iust. mon Law Procedure Ac t 1854," and ah

Rules made under o r b y virtue of either Chief Justice may order Bill to be deposited the said Acts shall so f a r as the sase

with officer of Court. a r e o r may be made applicable, extend

I V . I n any proceedings under this A c t la n . d aPP1}" t o proceedings to be had or i t shall be competent to the Chief Justice 'a ^ e r a u n d e r this Act . t o order the Bill o r note brought t o be proceeded upon, t o b e forthwith deposited wi th an officer ox' the Court and fur ther t o order t h a t a l l proceedings shall be stayed unt i l the Plaintiff shall have given securitv fo r the costs thereof.

Short Title.

^ I I I - This Act may b e cited as " Summary Procedure on Bills of Exchange A c t 1861."

/33

"B"

Passed the House of Assembly 19th Ju ly . 1861. Council amendments agreed to 4th November , 1861.

E . B O W E R S D O G G E T T ,

Cie:k of t h e House of Assembly .

Passed the Council the 29th d a v of October, 1861.

J O S E P H P O R T E R ,

Acting Clerk of t h e Council .

Received rov assent th i s 28ch d a v of Novem­ber. A. D. 1861.

J A M E S D O U G L A S .

S C H E D U L E A .

Victoria, by the Grace of G-od. etc.

To C. D. of W e w a r n you

that unless "«"ithin Twelve days af ter the service of this Wr i t on you. inclusive of the day of such service, you obtain leave

- from the Chief Justice of Vancouver Island and i t s dependencies, to appear and do "within tha t time appear in our

Court of . . . . ,x

in an Action a t the suit of A . 33.. the said A. B. may proceed t o Judgment and Exe­cution.

Witness, e tc [liemoraiidum to b e subscribed on the

Writ-3 X. B. This Wr i t i s t o be served "within

sis Calendar months from the da te hereof, or if renewed, from the date of such re­newal including the day of such date, and not afterwards.

[Indorsement t o b e made o n the W r i t before service thereof.]

This W r i t was issued b y E . F . , of Attorney fo r the Plaintiff,

o r This W r i t was issued i n Person b y

A. B., who resides a t INDORSEMENT.

The Plaintiff claims prin­cipal and interest, o r balance o f principal and interest, due t o him as the Payee o? Indorsee of a Bill of Exchange or Pro­missory note, of which the following is a copy :

[Here copy Bill of Exchange or Pro­missory note* and ail Indorsements upon i t . ]

A n d if the amount thereof b e paid t o the Plaintiff or his Attorney within days from t h e service thereof, further pro­ceedings will b e stayed.

N O T I C E . Take notice, that i f t h e Defendant do

not obtain leave from the Chief Justice of Vancouver Island and i t s Dependencies within twelve days a f t e r having been served with this Wri t , inclusive of the day of such service, to appear thereto, and do within such time cause an appearance to b e

: entered for him in the Court out of which this w r i t issues, the Plaintiff will be a t liberty a t any time after the expiration of such twelve days to sign final judgment fo r any sum n o t exceeding the sum above claimed, and the sum of fo r costs, and issue Execution for the same.

Leave to appear may b e obtained, on an application a t the Chief Justice's Cham­bers, Victoria, supported b y affidavits shewing that there i s a defence t o the action on the merits, o r tha t i t is r e a s o n ­able that the Defendant should b e allowed to appear i n the action.

[Indorsement to be made on the W r i t a f t e r service thereof.]

This W r i t was served by X . Y . on L . M. (the defendant) on the day of

18.

S C H E D U L E , B . In the Supreme Court of Civil Justice

on the day of in the year of Our Lord. 18 (day of signing Judgment).

Vancouver Island and its Dependencies (to wit) A . 3 . in his own person (or by his Attorney) sued out a W r i t against C". D.. Indorsed a s follows :

[Here copy Indorsement of Plaintiffs claim.]

And the said C. D . has not appeared. Therefore i t is considered that the said A. B . recover against the said C. D together with fo r costs of suit-