LAWS OF BRITISH COLUMBIA.

Judgments.-Judgment from the time application is made for registration in the Land Registry Office operates as a charge on and binds the debtor's lands in the registry district in which the application for registration is made. Judgments must be re-registered every two years. Since July 1, 1902, all judgments registered rank pari passu. When seeking to enforce judgment against lands a judgment creditor makes application to the supreme court or a judge thereof calling upon the debtor or any persons having a legal interest in the lands in question to show cause why the lands against which judg ment has been registered, or the interest of the debtor herein, or a competent part thereof, shall not be sold to realize the amount due under the judgment, and an order may be made for the sale of said lands by the registrar of the court.

Libel.

When actual damages have been sustained by reason of the publication of a libel in a newspaper, and the defendant proves that such publication was in good faith and for the public benefit, damages may be recovered when the imputation is not a criminal charge. In mitigation of damages evidence may be given that a written apology was offered to the plaintiff before the institution of the action.

Liens. -See Mechanics' Liens.

Limitations. - All actions for the recovery of rent upon an indenture of demise, and all actions of covenant or debt upon any bond or other specialty, and all actions of debt upon any recognizance, shall be commenced within twenty years after the cause of action arose, unless in the mean time there has been a payment on account or some acknowledgment in writing. All actions of detinue, trover, and replevin for taking away goods or chattels, all actions for accounts and actions for debt without specialty, must be commenced within six years after the cause of action arose, unless in the mean time there has been a payment or account or some acknowledgment in writing. In case of persons laboring under disability of infancy, coverture, or lunacy, time runs from the time of the removal of the disability. A foreign statute of limitation is a good defense to a suit commenced in this Province in respect of a cause of action which arose in such foreign country. No claim of a cestui que trust against his trustees for any property held on an express trust or in respect of any breach of such trust shall be held to be barred by any statute of limitations.

Lodgers. — Lodgers' goods are exempt from distress for rent, except to the extent to which the lodger is indebted to his immediate landlord for board and lodging.

Married Women. - A married woman is capable of acquiring, holding, and disposing, by will or otherwise, of any real or personal property as her separate property, in the same manner as if she were a feme sole, without the intervention of any trustee. She may bind her separate estate by contract, and may sue or be sued alone in respect of her separate estate, but can only bind herself by contract to the extent of her separate estate. Every woman married after 7th April, 1887, is entitled to hold as her separate property all property which belonged to her at the time of her marriage or which is acquired afterwards, including any wages, earnings, money, and property gained or acquired by her in any employment, trade, or occupation in which she is engaged, or which she carries on separately from her husband, or by the exercise of any literary, artistic, or scientific skill. Every woman married prior to 7th April, 1887, is entitled to hold as her separate property any property her title to which accrued after 7th April, 1887, including wages, etc. Deposits in banks and public stocks or funds, etc., may be held by her as if she were a feme sole. A married woman is liable for her ante-nuptial debts and liabilities to the extent of her separate estate. She can effect insurance on her own life

or that of her husband. She can convey land without consent or concurrence of her husband. She may obtain an order entitling her to the earnings of her minor children if she has a decree for alimony against her husband, or is obliged to leave him for cruelty or other justifiable cause, or if her husband is a lunatic or undergoing sentence of imprisonment, or neglects or refuses to support her and his family, or has never been in the Province, or if she is deserted or abandoned by him. A wife is entitled to dower out of the lands of which her husband may die seized if he dies intestate.

Mechanics' Liens. Every contractor, sub-contractor, laborer, and furnisher of material doing or causing work to be done upon, or placing or furnishing any materials to be used in or for, the construction, erection, alteration, or repair of any building, etc., or doing or causing work to be done in connection with, or the placing or furnishing of materials to be used in or for the clearing, excavating, grading, draining, etc., of any land in respect of a railway, mine, sewer, ditch, etc., or other work, or improving any street, etc., at the request of the owner, has a lien for the same upon the building, etc., and the land and premises occupied thereby or enjoyed therewith; such lien, however, is limited to the extent of the owner's interest in such land. Every lien must be filed in the nearest county court registry in the county wherein the land is situate, within thirty-one days, except in the case of a claim for wages owing for work in, at, or about a mine, in which case the lien shall cease after the expiration of sixty days, after the works or improvements shall have been completed or the claimant has ceased to work thereon, or place or furnish materials therefor. Every lien absolutely ceases to exist at the expiration of thirty days after being filed, unless in the mean time proceedings are commenced by the claimant. A mechanic who has become entitled to a lien on any chattel may sell same if amount to which he is entitled remains unpaid for three months, but he must first publish notice of his intention to sell in a newspaper. A woodman has a lien for wages on logs and timber.

Mining and Mineral Lands. - A free miner's license may issue to any one over eighteen years of age, entitling the holder thereof to prospect, locate, and mine, other than by placer mining, upon crown lands for all minerals other than coal. The person holding such license must be a British subject. Placer claims vary in size, but in general are one hundred feet square or have one hundred feet frontage, but location must determine extent. Other locations are fifteen hundred feet by fifteen hundred feet, and as nearly as possible rectangular in shape. Leases of land for hydraulic purposes are issued by the government upon certain conditions, as are coal prospecting licenses.

day of

Mortgages. Mortgages must be under seal, and should be registered in the land registry office. See Registration of Deeds. A mortgage may be foreclosed by action, or the property may be sold under the power of sale contained in the mortgage deed. The registration of a mortgage in the land registry office is canceled on production of a release signed by the mortgagee. The short statutory form of mortgage is as follows: This indenture made the one thousand nine hundred and in pursuance of the act respecting short forms of mortgages, between (here insert names of parties and recitals, if any), witnesseth, that in consideration of of lawful money of Canada, now paid by the said (mortgagee or mortgagees) to the said (mortgagor or mort gagors), the receipt whereof is hereby acknowledged, the said (mortgagor or mortgagors) doth (or do) grant and mortgage unto the said (mortgagee or mortgagees) his (her or their) heirs and assigns forever, all (parcels) (here insert provisos, covenants, and other provisions).

In witness whereof the said parties hereto have hereunto set their hands and seals. Notes and Bills of Exchange. The law as to promissory notes and bills of exchange is almost identical with that which exists in England. Bills and notes which fall due on a legal holiday are payable on the day after such holiday. The legal holidays are Sundays, New Year's Day, Good Friday, Easter Monday, Christmas Day, King's Birthday, Dominion Day (1st July), and special days appointed by proclamation for a public holiday, a general fast, or thanksgiving. The Bills of Exchange Act, 1890, is a Dominion statute which is uniform to all the Provinces.

Practice. The practice and proceedings of the courts are similar to the practice of the English courts, except as modified by the local statutes. The rules of the supreme court are copies or modifications of the English rules.

Probate Law. The supreme court has jurisdiction in all questions relating to the testacy or intestacy or validity of wills of persons dying in the Province of British Columbia no matter what the value of the estate of the deceased, and the county court in its proper territorial jurisdiction has jurisdiction concurrently with the supreme court in such matters where the personal estate of the deceased shall not exceed twenty-five hundred dollars with power to grant probate of wills or to order administration under the Official Administrator's Act or to grant letters of administration of the personal estate and effects. Ancillary probate or administration may be had by producing form of probate or administration or exemplification thereof, purporting to be under the seal of the court by which the same has been granted, and the necessary affidavits as tc value of the estate within the Province, grant of probate or administration elsewhere, value of the total estate of the deceased, relationship of those taking under the will, etc., but ancillary probate or administration is limited to grants of probate or administration made in Great Britain, Ontario, Manitoba, Nova Scotia, and the North-west Territories of Canada. Executors are not required to furnish security, but administrators must furnish security in double the value of the estate, usually with two sureties who must justify. The court in its discretion may allow a bond of a trust company, such as the American Surety Company of New York. Grants of probate and administration pay probate duty of one per cent. on the value of an estate going to father, mother, husband, brother or sister of the deceased, and in case of other legatees or next of kin, except wife or children, five per cent. on the value of the estate. This, in addition to succession duty, which when property, the value of which exceeds five thousand dollars and the aggregate value exceeds twenty-five thousand dollars and the property passing under the will or intestacy is to or for the use of father, mother, husband, wife, child, grandchild, daughter-in-law, or son-inlaw, then the property so passing pays duty on a sliding scale at the following rates: Where said value is above twenty-five thousand dollars and passes to father, mother, etc., and does not exceed in value one hundred thousand dollars, at the rate of one and one half per cent. When it so passes and value is between one hundred thousand dollars and two hundred thousand dollars, at the rate of two and one half per cent. Where it exceeds two hundred thousand dollars and so passes, at the rate of five per cent. Where the aggregate value of the property of the deceased exceeds five thousand dollars and passes in whole or in part to the use of the grandfather, grandmother, or other lineal ancestor of the deceased except father and mother, or to any brother or sister of the deceased, or to any descendant of any such brother or sister, or to a brother or sister or father or mother of deceased, or to any descendant of such last mentioned brother or sister, the same or so much as so passes in excess of five thousand dollars pays duty at the rate of five per

cent.

Proof of Claims. — Full particulars of the claim and of the christian names, surnames, and residences of all the proposed plaintiffs and defendants should be furnished to a solicitor. If the claim is on a foreign judgment, an exemplification or certified copy

LAWS OF BRITISH COLUMBIA.

of the judgment under the seal of the foreign court is required. When the plaintiff resides out of the jurisdiction of the court the defendant is entitled to security for costs in such an amount as the court or a judge may direct, not to exceed two hundred dollars. In the county court, where the plaintiff is resident out of the Province, security for costs may be ordered in the discretion of the judge. In actions in the supreme court the amount of security given is usually one hundred and fifty dollars. If a claim is disputed it must be proved in the ordinary way, or if the witnesses reside abroad a commission may be obtained to take their evidence. See Actions.

Redemption.

See Mortgages; Taxes.

Registration of Deeds. Conveyances, mortgages, and other documents affecting lands are to be registered in the registry office of the district in which the lands are situated. No instrument executed after, and taking effect after, the 30th day of June, 1905, and no instrument executed before the 1st day of July, 1905, to take effect after the 30th of June, 1905, purporting to transfer, charge, deal with, or affect land or any estate or interest therein, except leasehold interest in possession for a term not exceeding three years, shall pass any estate or interest either at law or in equity in such land until the same shall be registered in compliance with the provisions of the Land Registry Act, but such instrument shall confer on the person benefited thereby, and on all those claiming through or under him, whether by descent, purchase, or otherwise, the right to apply to have the same registered. Replevin. Whenever any personal property has been wrongfully distrained or otherwise wrongfully taken or detained, it may be replevied by the owner in an action commenced by a writ of summons by applying for an order of the court or a judge, or on a præcipe, the person making an affidavit as required by schedule to Replevin Act, 1899, upon his giving to the sheriff a bond in double the value of the property. Goods seized in execution cannot be replevied.

Revision. The statute law of the Dominion was revised and consolidated this year. The statute law of the Province was consolidated in 1888, and was revised in 1897. The revised statutes of British Columbia contain all the statute law now in force in the Province, all the English statutes prior to 1858 having been adopted and brought down to date.

Service.-Service of a writ of summons wherever practicable should be personal, but the court may order substituted or other service by advertisement or otherwise when it appears that prompt personal service cannot be effected.

Stay of Execution. an appeal to the court of appeal upon satisfactory security being given by the appellant. Executions may be stayed by the court or a judge pending Supplementary Proceedings. for the recovery or payment of money, the party entitled to enforce it may apply to the When a judgment or order has been obtained court for an order to examine the debtor as to what debts are owing to him, and as to what means he has of satisfying the judgment or order. Judgments for the payment of money may be enforced by execution against goods and chattels and lands and hereditaments. In the county court and small debts court the judge may order weekly or monthly payments, and imprison for default of payment if it be proved that the judgment debtor was able to pay the amount ordered to be paid. See also Attachment.

Taxes. A municipal by-law may be passed for the sale of lands on which municipal taxes have been in arrear for two years prior to the passing of such by-law. The owner has one year from the date of the order confirming the sale or before the delivery of the conveyance to the purchaser at the tax sale within which to redeem the land so sold. In non-municipal districts distress may be levied on goods and chattels of any one who neglects to pay his taxes, or the land of the person owing such taxes may be sold, the owner having two years within which to redeem. Taxes are a special lien upon lands and take priority over all liens except those of the Crown.

Testimony.. -See Evidence.

Wills Must be in writing and signed at the foot thereof by the testator in the presence of two attesting witnesses, both present at the same time, who must subscribe their names as witnesses in the presence of each other and in the testator's presence. An executor or a devisee is a competent witness, but the devise to an attesting witness becomes void. Persons under age of twenty-one years cannot make a valid will. Marriage revokes will. A person may devise, bequeath, or dispose of, by his properly executed will, all real estate and personal property which he shall be entitled to, either at law or in equity, at the time of his death, and which, if not so devised, bequeathed, or disposed of, would devolve upon the heir at law or customary heir of him, or, if he became entitled by descent, of his ancestor, or upon his executor or administrator. See Probate Law.

LAWS OF MANITOBA

RELATIVE TO THE

COLLECTION OF DEBTS,

TAKING OF DEPOSITIONS, ETC.

PREPARED EXPRESSLY FOR HUBBELL'S LEGAL DIRECTORY, DECEMBER 1, 1906, BY AIKINS, ROBSON, LOFTUS AND COYNE, OF THE WINNIPEG BAB.

NOTE. The Statutes of Manitoba were consolidated in 1902 under the title "The Revised Statutes of Manitoba, 1902."

Actions. County Court. County courts have jurisdiction in personal actions of tort and replevin up to two hundred and fifty dollars, and in personal actions ex contractu up to four hundred dollars. Actions are commenced by a writ of summons. A defendant served with a writ for a liquidated claim or demand must within ten days from service on him file a dispute note, otherwise judgment by default may be signed against him, and execution may be issued against his goods in six days after judgment.

King's Bench. Actions which are not within the competence of the county courts must be brought in the court of king's bench. Actions are commenced in the king's bench by statement of claim. No judgment can be obtained in less than sixteen days from service on defendant. A defendant served in Manitoba must file his defense within sixteen days from the date of service. If such service is effected within any part of the Dominion of Canada or the United States of America he is to have four weeks after the service for filing statement of defense. If served within any part of the United Kingdom or Newfoundland, he is to have eight weeks after the service, and if served elsewhere than within the limits above designated, he is to have twelve weeks after the service. Security to the amount of two hundred dollars (subject to increase by order of a judge) for costs can be required where the plaintiff resides out of Manitoba, but as a partial compliance with the order the plaintiff may, where the claim is for a debt or liquidated demand, or for the recovery of land, pay fifty dollars into court and make a motion for leave to sign judgment. Moneys realized under a writ of execution are to be retained by the sheriff for a period of three months and to be then divided ratably among the persons then having unsatisfied executions in force. Sheriffs are to give notice in the "Manitoba Gazette" of any moneys realized under execution.

Actions may be brought against persons without the Province in the following cases: where the subject-matter of the action is land in Manitoba; where any act, deed. will, contract, obligation, or liability affecting land or hereditaments situate within Manitoba is sought to be construed, rectified, set aside, or enforced in the action; where any relief is sought against any person domiciled or ordinarily resident within Manitoba; where the action is for the administration of the personal estate of any deceased person, who at the time of his death was domiciled within the jurisdiction, or for the execution (as to property situate within the jurisdiction) of the trusts of any written instrument of which the person to be served is a trustee, which ought to be executed according to the law of Manitoba: where the action is founded on any breach or alleged breach within Manitoba of any contract wherever made, which, according to the terms thereof, ought to be performed within Manitoba; where any injunction is sought as to anything to be done within Manitoba, or any nuisance within Manitoba is sought to be prevented or removed, whether damages are or are not also sought in respect thereof; where any person out of the jurisdiction is a necessary or proper party to an action properly brought against some other person duly served within the jurisdiction; where the defendant has two hundred dollars in assets within Maritoba and it appears to the court or a judge that the plaintiff has a good cause of action. Every debt or chose in action arising out of contract is assignable at law by any form of writing. The bonds or debentures of corporations made payable to bearer may be transferred by delivery alone. The transfer vests the property in the holder thereof, and such holder may bring action in his own name.

Obligations may be satisfied by part performance accepted in writing or rendered in pursuance of an agreement, as satisfaction, though without any new consideration.

The statute governing the practice in the court of king's bench came into operation on the first day of October, A. D. 1895. Its intention was to assimilate such practice to that of the superior courts in England and Ontario under the Judicature Acts. It abolished the separate administration of law and equity, and provides that the same shall be administered concurrently, and that the rules of equity shall prevail.

Administration.

See Probate.

Affidavits. Affidavits and statutory declarations made in Manitoba for use in provincial courts may be made before any notary public or commissioner for taking affidavits for use in any of the Manitoba courts, before any judge, clerk of any county court, registrar, district registrar, or his deputy.

A statutory declaration may be made attesting the writing of any instrument, or the truth of any fact or account, but declarent must declare that on grounds of conscientious scruples he objects to take an oath. See Stat. of Can. 1893, c. 31.

Affidavits, declarations, etc., made out of Manitoba for use here may be made before, 1, any commissioner authorized by the lord chancellor (The Commissioners for Oaths Act 1889); 2, any notary public, certified under his hand and official seal; 3, the mayor or chief magistrate of any city, borough, or town corporate in Great Britain or Ireland, or in any of her Majesty's dominions without Manitoba or in any foreign country, certified under the corporate seal; 4, judge of any court of superior jurisdiction in her Majesty's dominions without Manitoba; 5, a consular agent of her Majesty exercising his functions in any foreign place; 6, any commissioner for taking affidavits for use in this Province. Aliens. Real and personal property of every description may be taken, acquired, held, and disposed of by an alien as if a natural-born British subject, and the title to real and personal property may be derived through, from, or in succession to, an alien.

Appeals. Any person affected by a decision of a judge or jury in any action in the county court, when the amount or the value of the goods in question is twenty dollars or more, and dissatisfied with such decision, may appeal to a judge of the court of king's bench; and any person on obtaining an order from the trial judge or judge of appeal may appeal a question of law, or law and fact, no matter what the amount in issue. An appeal lies from the court of king's bench to the court of appeal and from it to the supreme court of Canada, and in certain cases direct to his Majesty's privy council (England).

Arrest - For debt is abolished.

Assignments. - Assignments may be made by a debtor for the benefit of his creditors generally, and if the property assigned is properly described, the assignment vests in the assignee all the real and personal estate, rights, property, credits, and effects belonging at the time of the assignment to the assignor, except such as are by law exempt from seizure or sale under execution or other legal proceedings, subject, however, as regards lands, to the provisions of The Registry Act and The Real Property Act as to the registration of the assignment All assignments must be made either to the official assignee, or, with the consent of a majority of the creditors, having claims of one hundred dollars and upwards, computed according to the provisions of section 22 of the Assignments Act, to any per son. A majority in number and value of the creditors who have proved claims to the amount of one hundred dollars or upwards may, at their discretion, substitute any other person for any assignee to whom assignment has been made. Mistakes, defects, or imperfections in the assignment may be amended by any judge of either the county court in the office of which the assignment is registered, or of the court of king's bench. Within ten days of the execution of the assignment notice of the assignment must be given in the Manitoba Gazette, and twice in one newspaper in the judicial district in which the property assigned is situate. A counterpart of every assignment must within ten days of its execution be registered in the office of the county court of the judicial division in which the assignor, if a resident of Manitoba, resides at date of assignment, or, if not a resident, then in the office of the clerk of the county court of the judicial division in which the personal property is at the date of the assignment. Meetings of creditors are provided for by statute. All questions at meetings are to be decided by a majority of votes calculated according to the amount of each creditor's claim. Creditors in proving claims must state whether they hold security. Employees are paid three months' wages in priority to other claims. Landlords have a preferential lien for rent for one year or three months according as rent is payable less frequently than quarterly or not. Fraudulent and preferential assignments are void. Attachment. An order of attachment may be made in an action in the court of king's bench against any debtor against whom there is a cause of action, if the debtor aforesaid is possessed of property in Manitoba not exempt from seizure under execution, or to answer a judgment upon such cause of action, and, if he is liable, in one of the following cases: 1. Where, being an inhabitant, he departs with intent to defraud his creditors, or to avoid being arrested or served with process, or conceals himself with the like intent. 2. Where, not being a resident of the Province, he shall be indebted to a person residing within this Province. 3. Where, being a resident of this Province or not, he is about to remove or transfer any of his property from this Province with intent to defeat his creditors. A judge's order may be made directing the attachment, upon the affidavit of the creditor or his agent stating the facts. Every order of attachment at and from delivery to sheriff binds goods and chattels of party against whom same is issued. To bind lands a certificate of the issue of such order must be obtained and duly registered in a registry office or land titles office. Such certificate lapses unless within one year from date thereof some proceeding for the sale of the land be commenced and a certificate of lis pendens registered with proper registry office or land titles office. Execution creditors share ratably in proceeds of property attached and sold.

Bills of Exchange and Promissory Notes.

Laws are the same as in the