superior 3. Every judge of the said superior courts is hereby author- Powers to ized to transact such business at chambers or elsewhere depend- every, judge of ing in either of the said superior courts, as relates to matters over courts. which the said courts have a common jurisdiction and as may according to the course and practice of the court be transacted by a single judge. superior 4. Every judge of the superior courts is hereby authorized Powers to to transact out of court such business as may, according to the every judge of course and practice of the court, be so transacted by a single courts. judge, relating to any suit or proceeding in either of the said Courts of Queen's Bench or Common Pleas, or relating to the granting writs of certiorari or habeas corpus, or to the admitting of persons on criminal charges to bail, or approving of bonds with sureties when given in any matter of appeal from the judgment of either of the said courts, or to the issuing of extents or other process for the recovery of debts due to Her Majesty, or relating to any other matter or thing usually transacted out of court, in like manner as if the judge transacting such business had been a judge of the court to which the same by law belongs. make rules, 5. Whereas a great part of the business in the chambers of Judges may the said judges might with advantage to the public be disposed of by the clerk of the Crown and Pleas of the said court of Queen's Bench; be it enacted, it shall be lawful for a majority of all the judges of the said courts, which majority shall include the two Chief Justices, or one of the Chief Justices, and the senior of the Puisne Judges of the said courts, from time to time, to make and publish general rules for the following purposes, that is to say: Crown to act (1.) For empowering the clerk of the Crown of the said court to empower of Queen's Bench, to do any such thing, and to transact any such clerk of the business, and to exercise any such authority and jurisdiction in as judge in respect of the same as by virtue of any statute or custom, or chambers, by the rules of practice of the said courts, or any of them respectively, are now done transacted or exercised by a judge of the said respective courts sitting at chambers, and as shall be specified in any such rule, except in respect of matters relating to the liberty of the subject. (2.) For regulating the attendance of the said clerk at cham- to regulate bers, the course of practice to be there pursued, and the scale of his attend. costs to be there adopted. ance, and the practice and costs, (3.) For fixing the table of fees to be taken in respect of busi- to fix the fees. ness to be transacted before the said clerk of the Crown at chambers, and for abolishing or altering from time to time such table of fees. 6. Every rule to be made under this Act shall be read aloud Promulgation in of the rules. Rules to be Decision of clerk of the Crown to be binding. Appeal therefrom. in open court in each of said courts, ten clear days at least before the day fixed for such rule coming into operation, and within one month after that day a copy of every such rule shall be transmitted by one of the said Chief Justices to the Provincial Secretary. 7. Every rule to be made under this Act shall be laid before the Legislative Assembly by the Provincial Secretary, within one month after the making thereof, if the Legislature be then sitting, or if not, then within one month after the commencement of the next session of the Legislature. 8. Every order or decision made or given under this Act by the said clerk of the Crown sitting at chambers, shall be as valid and binding on all parties concerned, as if the same had been made or given by a judge sitting at chambers; provided always that it shall be lawful for any person affected by any order or decision of the said clerk of the Crown forthwith, or within such time as shall be appointed by any rule or rules to be made under this Act, and subject to such conditions as to costs as may be provided under any such rules or orders, to appeal from such decision to a judge sitting at chambers. 32 Vic. ch. 22, s. 2 repealed. Con. Stat. U. C. ch. 15, s. 3 repealed. CAP. XII. An Act to amend an Act passed in the Session held in the thirty-second year of the reign of Her Majesty, intituled, "An Act to amend Chapter fifteen of the Consolidated Statutes of Upper Canada, entitled An Act respecting County Courts." [Assented to 24th December, 1869.] WHEREAS it is expedient to amend the Act passed in the Session of the Legislature of the Province of Ontario, held in the thirty-second year of the reign of Her Majesty, intituled, "An Act to amend chapter fifteen of the Consolidated Statutes of Upper Canada, intituled "An Act respecting County Courts" Therefore Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: 1. That section number two of the said recited Act, is hereby repealed, and the following shall be section number two of the said Act : Section three of the said chapter fifteen of the Consolidated Statutes of Upper Canada is hereby repealed, and the fol ty Court Jud lowing clause enacted in lieu thereof:-"The Judges of the Tenure of several County Courts holding office when this Act takes effect, office by Coun as well as the Judges hereafter to be appointed, shall hold their ges. offices during good behaviour, but shall be subject to be removed by the Lieutenant-Governor for inability, incapacity or misbehaviour, established to the satisfaction of the LieutenantGovernor in Council, anything in the Interpretation Act or any other Act to the contrary notwithstanding. CAP. XIII. An Act to Amend the Law of Evidence in Civil [Assented to 24th December, 1869.] HEREAS the inquiry after truth in civil causes in the Preamble. Courts of Justice is often obstructed by incapacities created by the present law, and it is desirable that full information as to the facts in issue should be laid before the persons who are appointed to decide upon them, and that such persons should exercise their judgment on the credit of the witnesses and the truth of their testimony, and it is expedient to amend the Law of Evidence in this Province: Therefore Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: 1. The clauses numbered three, four and five of the Act entitled Con. Stat. U. C., ch. 32 88. "An Act respecting Witnesses and Evidence," being chapter 3, 4, 5 and part thirty-two, of the consolidated statutes of Upper Canada, and of 18 repealed. also so much of clause number eighteen of the said Act as provides that nothing therein shall render any person compellable to answer any question tending to criminate himself, or to subject him to a prosecution for any penalty, shall be and the same are hereby repealed as to civil matters. 2. No person offered as a witness shall hereafter be excluded Witnesses not to be incapaciby reason of incapacity from crime or interest from giving tated by crime evidence either in person or by deposition, according to the or interest, practice of the Court, on the trial of any issue joined, or of any matter in question, or on any enquiry arising, in any civil suit, action, or proceeding, in any Court or before any judge, jury, sheriff, coroner, magistrate, officer or person, having by law or by consent of parties authority to hear receive and examine evidence. 3. Every person so offered may and shall be admitted such persons to give evidence on oath or solemn affirmation in those give evidence. cases admitted to Parties to suits and parties in suits may be cases wherein affirmation is by law receivable, notwithstanding that such person may or shall have an interest in the matter in question or in the event of the trial of any issue, matter, question or enquiry, or of the suit, action or proceeding in which he is offered as a witness, and notwithstanding that such person offered as a witness may have been previously convicted of any crime or offence. 4. On the trial of any issue joined, or of any matter or question, or on any inquiry arising in any civil suit action or prowhose behalf ceeding in any Court, or before any judge, jury, sheriff, coroner, brought or magistrate or person having by law or by consent of parties defended, to be authority to hear receive and examine evidence, the parties competent and thereto and the persons in whose behalf, any such suit action compellable to give evidence. or other proceeding may be brought or defended shall, except as hereinafter excepted, be competent and compellable to give evidence either viva voce or by deposition, according to the practice of the court, on behalf of themselves or of either or any of the parties to such suit, action or other proceeding. Husband not to give evi 5. (a) Nothing herein contained shall render any husband comdence against petent or compellable to give evidence for or against his wife, or any wife competent or compellable to give evidence for or against her husband. his wife, and rice versa. actions of Not to apply in (6). Nothing herein contained shall apply to any action, adultery or suit, proceeding or bill in any court, instituted in consequence breach of pro- of adultery, or to any action for breach of promise of marriage mise of mar riage. Communica husband and (c). Nothing herein contained shall render any husband comtions between pellable to disclose any communication made to him by his wife during coverture, or shall render any wife compellable to disclose any communication made to her by her husband during coverture. wife need not be disclosed. Questions tending to (d). Nothing herein contained shall render any person compellable to answer any question tending to criminate himself not be answer- or to subject him to prosecution for any penalty. criminate, need ed. Parties to ac tions against to be witnesses unless called (e). And nothing herein contained shall, in any action, suit personal repre- or other proceeding by or against the personal representative sentatives not or representatives of any deceased person, render competent or authorize any party to such action suit or proceeding to be called as a witness on behalf of such party as to any matter occurring before the death of such deceased person; but such party may be called as a witness at the instance of the opposite party. by opposite party. Short title of 6. This Act may be cited and known as 1869." "The Evidence Act, CAP CAP. XIV. An Act to allow certain persons to make a Solemn [Assented to 24th December, 1869.] WHEREAS it is expedient to permit any person who declares Preamble. that the taking of any oath is contrary to his religious belief to make instead of such oath a solemn affirmation or declaration in all cases wherein an oath may be lawfully administered; Therefore Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario enacts as follows :— sons may make instead of oaths. 1. If any person called as a witness, or required or desiring Certain per. to make an affidavit or deposition in any civil proceeding, or affirmations or on any occasion other than in a criminal proceeding whereon declarations or touching any matter respecting which an oath is now, or hereafter may be requisite by law, whether on taking office or otherwise, shall refuse or be unwilling, from alleged conscientious motives, to be sworn, it shall be lawful for the Court, or Judge, or other presiding officer, or person qualified to take affidavits or depositions, to permit such person, instead of being sworn, to make his or her solemn affirmation or declaration in the words following, viz. :— 'I, (A. B.) do solemnly, sincerely and truly affirm and declare that the taking of an oath is, according to my religious belief, unlawful; and I do also solemnly, sincerely and truly affirm and declare, &c.;" which solemn affirmation and declaration shall be of the same force and effect as if such person had taken an oath in the usual form. 2. This Act shall come into force from and after the first day Act to come of March one thousand eight hundred and seventy. CAP. XV. An Act to repeal sub-section one of section one hundred and fifty-five of Chapter thirty-one of the Consolidated Statutes of Upper Canada, respecting Jurors and Juries and to make other provisions in lieu thereof. W [Assented to 24th December, 1869.] into force on 1st March, 1870. HEREAS it is necessary to repeal sub-section one of Preamble. section one hundred and fifty of Chapter thirty-one, of the C Consolidated |