HER and ER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows · 1. The Lieutenant-Governor shall from time to time, as OC- Appointment casion may require, by commission under the Great Seal of the of Sheriffs and filling of Province appoint a fit and proper person to the office of vacancies. Sheriff of each County, and shall in like manner fill up any vacancy occurring by the death, removal, resignation or forfeiture of office by a Sheriff; but every Sheriff shall hold office during pleasure only. R. S. O. 1877, c. 16, s. 1. (2) The Lieutenant-Governor may, in manner aforesaid, at any time hereafter, and from time to time, appoint one fit and proper person to be sheriff of the county of York, and another fit and proper person to be sheriff of the city of Toronto. (a) In such case the Lieutenant-Governor in Council may define what duties with reference to Courts held Oaths to be taken on Rev. Stat. c. 15. jointly for the city and county, including any duties to be performed under The Jurors' Act, shall be performed by the sheriffs of the city and county respectively. (b) No act done by either of the said Sheriffs by mistake shall be held unlawful or invalid on the ground that the same should have been done by the other. (3) Nothing in this section contained shall prevent the deputy of the late Sheriff of York, or the successor of such Sheriff, from proceeding upon and completing the execution or service within the City of Toronto of any writ of mesne or final process in the hands of such deputy, acting as Sheriff, or of the successor of the said Sheriff, on the 23rd day of April,. 1887, or of any renewal thereof, or of any subsequent or supplemental writ in the same cause, or in case of executions. against lands from executing all necessary deeds and conveyances relating to the same, and the act of such deputy or the successor of the said sheriff, shall be legal and valid in the same manner and to the same extent as if this section had not. been passed, but no further. 50 V. c. 7, s. 4 (1-3). 2. Every Sheriff, before he enters upon the duties of his appointment. office, shall take and subscribe the oath of allegiance, in the form given in section 3 of The Act respecting Public Officers, and also the oath of office in the form of Schedule A to this Act, and shall not be bound nor required to subscribe or take any other oath, nor make any other declaration or subscription,. except as hereinafter provided; and every such oath respectively shall be filed in the office of the Clerk of the Peace for the county to which it relates. R. S. O. 1877, c. 16, s. 2. Amount of security to be given, how determined. Amount limited. Duplicate covenant to be en tered into. 15, s. 24. 3. The Lieutenant-Governor in Council may, from time to time by Order in Council, fix and determine the amount of the security to be given by every Sheriff as hereinafter mentioned; but such amount shall be in no case less than $4,000, nor more than $20,000 for the Sheriff, and not less than $2,000, nor more than $10,000 for each surety named in the covenant hereinafter mentioned, where there are two sureties, and not less than $1,000, nor more than $5,000 for each surety, where there are four sureties named in the said covenant. R. S. O. 1877, c. 16, s. 3. 4. Subject to the provisions of section 24 of The Act respectPublic Officers, every Sheriff shall, before he is sworn into ing Rev. Stat. c. office, and within one month after his appointment, execute and enter into a joint and several covenant in duplicate, with two or four sureties, for such amounts respectively as may be fixed and determined by Order in Council in that behalf as aforesaid: which said duplicate covenant shall be in the form Schedule B. Form. to this Act, or to the like effect, and to each of the duplicate Affidavit of covenants respectively shall be attached an affidavit made by sufficiency by each of the covenantors therein named respectively, in the form covenantors. of Schedule C to this Act, or to the like effect. R. S. O. 1877, Form. c. 16, s. 4. [As to justification by Sheriff of Thunder Bay, see "The Unorganized Territory Act," and as to Guarantee Companies, see Cup. 15, 8. 24.] each of the be filed with 5. One of the duplicate covenants, with the affidavits thereto Covenant to attached, shall, within the periods herein before limited respec- Clerk of the tively, be filed in the office of the Clerk of the Peace of the Peace, County, for which filing the Clerk shall be entitled to a fee of fifty cents, and the other duplicate covenant, with the affidavits attached to the same respectively, and an affidavit of the filing of such first-mentioned duplicate and affidavits in the office of the Clerk of the Peace as aforesaid, shall, within the same periods respectively, be transmitted to the office of the Provincial Secretary, and by him be submitted for the approval of the Lieutenant-Governor in Council. R. S. O. 1877, c. 16, s. 5. Governor. 6.—(1) In case the covenant is approved of by the Lieu- and with tenant-Governor in Council, it shall be forthwith deposited in Lieutenantthe office of the Treasurer of the Province, and notice of such approval shall be given to the Sheriff by the Provincial Secretary; but in case the covenant is disapproved of by the Proviso: in Lieutenant-Governor in Council, the Provincial Secretary shall case of disforthwith give notice to the Sheriff of such disapproval, and in such case the Sheriff shall, within one month thereafter, furnish and transmit another covenant in lieu of the covenant so disapproved of as aforesaid, to the satisfaction of the Lieutenant-Governor in Council. approval. (2) The sureties named in any covenant so disapproved of Sureties not as aforesaid shall not be discharged from liability by such disap- non-approval. discharged by proval, but shall be and continue liable for any defaults or misfeasances made, done or committed previous to the approval by the Lieutenant-Governor in Council of any securities that may be furnished in lieu of the same. R. S. O. 1877, c. 16, s. 6. 7. The Lieutenant-Governor in Council may at any time re- Renewal of quire a Sheriff to renew his covenants or securities, or to security. furnish others in lieu of the same, as to him may appear expedient for the protection of the interests of the Crown or of parties to legal proceedings, which new or substituted covenants or securities the Sheriff shall be bound to transmit to the Provincial Secretary within three months after notice of the Order in Council in that behalf. R. S. O. 1877, c. 16, s. 7. newed secu rity. 8. Every renewed or substituted covenant or security shall Form of rebe in the same form, and executed and accompanied by the same formalities and affidavits, and subject to the same approval as the original covenants or security. R. S. O. 1877, c. 16, s. 8. Liability of former sureties in case of renewal. Sheriff need not be dismissed for inability to justify as to security. 9. In case a new security is given or substituted as aforesaid, the former sureties shall only be liable for or on account of defaults and misfeasances suffered or committed by the Sheriff previous to the perfecting of the new security and the approval thereof by the Lieutenant-Governor in Council, and not as to any subsequent default or misfeasance. R. S. O. 1877, c. 16, s. 9. 10. In case a Sheriff has given the security and made the affidavit of justification required to be made under section 4 of this Act, but has subsequently to his appointment, on account of loss of property or of additional security being required, become unable to make an affidavit of justification in accordance with the provisions of section 8 of this Act, this Act shall not be construed as rendering necessary the dismissal of the Sheriff security may from his office, but he shall, under pain of forfeiture of his Further be given. Death, insol any surety. office, be required to furnish such additional security as the Lieutenant-Governor in Council may in consequence of such inability consider requisite. R. S. O. 1877, c. 16, s. 10. 11. Every Sheriff shall give notice in writing, to the Inspector vency, etc., of of Legal Offices, of the death, discharge, bankruptcy, insolvency, or residence out of the Province, of any surety or person bound with him in such security, within one month after the fact comes to his knowledge; and in every such case the Sheriff shall furnish the security of a new surety, to be approved of as aforesaid, in lieu of the surety so dying, being discharged, becoming bankrupt or insolvent, or residing without this Province, and shall complete and transmit to the Inspector the necessary covenants or security and affidavits in that behalf, within one month after such notice. R. S. O. 1877, c. 16, s. 11; 47 V. c. 10, s. 16 (1, Surety may Forfeiture for part of a 2.) 12. Any person who has become surety for a Sheriff, and who is no longer disposed to continue such responsibility, may give notice thereof to the Sheriff and to the Provincial Secretary, and in such case the Sheriff shall furnish the security of a new surety, in lieu of the surety so giving notice, and shall complete and transmit the necessary covenants or security and affidavits in that behalf to the Provincial Secretary, within one month after such notice; and all accruing responsibility on the part of the person giving such notice shall cease upon and after the perfecting and approval of the new security. R. S. O. 1877, c. 16, s. 12. 13. Every Sheriff who neglects to give and furnish any of neglect on the the securities, or to give any notice required by this Act, Sheriff to fur within the periods herein before in that behalf respectively nish security. limited, shall be liable to forfeit his office, and his appointment and commission shall be void from and after the time when the Lieutenant-Governor declares the same to be avoided under this Act, but such avoidance shall not annul or make void any act or order or other matter or thing done by the Sheriff during the time he actually held office. R. S. O. 1877, c. 16, s. 13. forfeiture may be remitted. 14. The Lieutenant-Governor in Council may remit the for- In what case feiture in any case in which the failure to give the security or to perfect or transmit the instruments required by this Act, within the periods herein before limited respectively in that behalf, has not arisen from the wilful neglect of the Sheriff, and if it appears to the Lieutenant-Governor that such respective periods are in any case insufficient in consequence of accident, casualty, loss of papers in the transmission thereof, illness or other particular circumstance, the Lieutenant-Governor in Council may allow such further period, not in any case exceeding two months, for perfecting and transmitting such securities as to him may appear reasonable and proper. R. S. O. 1877, c. 16, s. 14. although not 15. The Lieutenant-Governor may approve of any security Case of securior securities, although the same may not have been perfected ties approved, and transmitted respectively within the time limited by this perfected in Act, and in such case the office or commission of the Sheriff time. shall not be deemed to have been avoided by such default, but to have remained in full force and effect; and the securities, when approved of as aforesaid, shall be held and construed to be valid and effectual, in the same manner and to the same extent as if they had been perfected and approved respectively within the time limited by this Act. R. S. O. 1877, c. 16, s. 15. 16. No neglect, omission or irregularity in giving or renew- Neglect, omising any covenant or security required by this Act, nor in sion, etc., in giving bonds observing the formalities hereinbefore prescribed, or any of not to avoid them, shall vacate or make void any such covenant or security, them. or discharge any party or surety from the obligations thereof. R. S. O. 1877, c. 16, s. 16. territory to 17. No such covenant or security shall be in anywise Addition to or impaired, discharged or avoided, nor shall any Sheriff or any diminution of surety named therein be released, exonerated or acquitted from which the obligation assumed thereby, by reason of the addition to bond relates, the original area of the county to which it relates, of any other not to affect territory, or by the separation therefrom of any portion of such original area, by legislative authority or otherwise. R. S. O. 1877, c. 16, s. 17. it. covenant 18. Any person may examine the covenant of the Sheriff Examination and his sureties, and the clerk in possession thereof shall, on of Sheriff's demand, deliver to any person who desires the same a copy allowed. thereof, on payment of the following fees: For search and examination of covenant..$0 25 .$1 00 R. S. O. 1877, c. 16, s. 18. |
