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1863.-26 & 27 VICTORIA.

САР.

PAGE.

84. An Act to confirm certain Acts of Colonial Legislatures........ 241

1865.-28 & 29 VICTORIA.

63. An Act to remove doubts as to the validity of Colonial Laws... 242

64. An Act to remove doubts respecting the validity of certain

Marriages contracted in Her Majesty's Possessions abroad... 244

116. The Foreign Jurisdiction Act Amendment Act, 1865............ 245

1866.-29 & 30 VICTORIA.

87. The Foreign Jurisdiction Act Amendment Act, 1866............ 246

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29. An Act to amend the Law relating to Medical Practitioners in the Colonies

......

285

37. An Act to amend the Law relating to Documentary Evidence in certain cases....

286

129. The Colonial Shipping Act, 1868....

208

1869.-32 VICTORIA.

10. An Act for authorizing the Removal of Prisoners from one Colony to another for the purposes of Punishment ......................

11. The Merchant Shipping (Colonial) Act, 1869...

1870.-33 VICTORIA.

14. The Naturalization Act, 1870..

1870.-33 & 34 VICTORIA.

52. The Extradition Act, 1870..........

90. The Foreign Enlistment Act, 1870.....

102. The Naturalization Oath Act, 1870...........

209

292

301

2B C .316

330

CAP.

1871.-34 & 35 VICTORIA.

28. The British North America Act, 1871 .....

1872.-35 & 36 VICTORIA.

39. The Naturalization Act, 1872.........

45. The Treaty of Washington Act, 1872.......

1873.-36 & 37 VICTORIA.

60. An Act to amend the Extradition Act, 1870......

1874.-37 & 38 VICTORIA.

27. The Courts (Colonial) Jurisdiction Act, 1874......

1875.-38 & 39 VICTORIA.

38. The Parliament of Canada Act, 1875......

53. The Canada Copyright Act, 1875.....

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5 GEO. 2, c. 7.-1732.

AN ACT for the more easy recovery of debts in His
Majesty's Plantations and Colonies in America.

WHE

HEREAS His Majesty's subjects trading to the British plantations in America lie under great difficulties, for want of more easy methods of proving, recovering, and levying of debts due to them, than are now used in some of the said plantations:

And whereas it will tend very much to the retrieving of the credit formerly given by the trading subjects of Great Britain to the natives and inhabitants of the said plantations, and to the advancing of the trade of this kingdom thither, if such inconveniences were remedied.

May it therefore please Your Majesty that it may be enacted, and be it enacted by the King's most excellent Majesty, by and with the advice and consent of the Lords spiritual and Temporal and Commons, in this present Parliament assembled, and by the authority of the same,

1732,plantation

magistrate.

That from and after the twenty-ninth day of September After Sept. 29, which shall be in the year of our Lord one thousand seven debts may be hundred and thirty-two, in any action or suit then de- land on oath proved in Engpending, or thereafter to be brought in any court of law before a chief or equity in any of the said plantations, for or relating to any debt or account, wherein any person residing in Great Britain shall be a party, it shall and may be lawful to and for the plaintiff or defendant, and also to and for any witness to be examined or made use of in such action or suit, to verify or prove any matter or thing by affidavit or affidavits in writing upon oath, or in case the person making such affidavit be one of the people called Quakers, then upon his or her solemn affirmation, made before any mayor or other chief magistrate of the city, borough or town corporate in Great Britain, where or near to which the person making such affidavit or affirmation shall reside, and certified and transmitted under the common seal of such city, borough or town corporate, or the seal of the office of such mayor, or other chief magistrate, which oath and solemn affirmation every such mayor and chief magistrate shall be and is hereby authorized and empowered to administer; and every affidavit or affirmation so made, certified and transmitted, shall in all such actions and suits be allowed to be of the same force and

effect

Debts to his Majesty may be proved in the same manner.

Penalty on

false oath or affirmation,

Lands, houses, negroes, etc.,

tions liable to satisfy debts.

effect, as if the person or persons making the same upon oath or solemn affirmation as aforesaid, had appeared and sworn or affirmed the matters contained in such affidavit or affirmation viva voce in open court, or upon a commission issued for the examination of witnesses, or of any party in such action or suit respectively; Provided that in every such affidavit and affirmation there shall be expressed the addition of the party making such affidavit or affirmation, and the particular place of his or her abode.

2. And be it further enacted by the authority aforesaid, That in all suits now depending, or hereafter to be brought in any court of law or equity by or in behalf of His Majesty, His heirs and successors, in any of the said plantations, for or relating to any debt or account, that His Majesty, His heirs and successors, shall and may prove His and their debts and accounts, and examine His or their witness or witnesses by affidavit or affirmation in like manner as any subject or subjects is or are empowered or may do by this present Act.

3. Provided always, and it is hereby further enacted, That if any person making such affidavit upon oath or solemn affirmation as aforesaid, shall be guilty of falsely and wilfully swearing or affirming any matter or thing in such affidavit or affirmation, which, if the same had been sworn upon an examination in the usual form, would have amounted to wilful and corrupt perjury, every person so offending, being thereof lawfully. convicted, shall incur the same penalties and forfeitures as by the laws and statutes of this realm are provided against persons convicted of wilful and corrupt perjury.

(These three secs. are amended by the 15th and 17th secs. of Imp. Act 5 and 6 Wm. 4, c. 62. See post p. 3.)

4. And be it further enacted by the authority aforesaid, in the planta That from and after the said twenty-ninth day of September one thousand seven hundred and thirty-two, the houses, lands, negroes, and other hereditaments and real estates, situate or being within any of the said plantations belonging to any person indebted, shall be liable to and chargeable with all just debts, duties and demands of what nature or kind soever, owing by any such person to His Majesty, or any of his subjects, and shall and may be assets for the satisfaction thereof, in like manner as real estates are by the law of England liable to the satisfaction of debts due by bond or other specialty, and shall be subject to the like remedies, proceedings and process in any court of law or equity, in any of the said plantations respectively, for seizing, extending, selling or disposing of any such houses, lands, negroes and other hereditaments and real estates, towards the satisfaction of such debts, duties, and demands, and in like manner as personal

personal estates in any of the said plantations respectively are seized, extended, sold, or disposed of, for the satisfaction of debts.

(So much of this Act as relates to negroes is repealed by Imp. Act 37 Geo. 3, c. 19.)

5 & 6 WM. 4, c. 62.-1835.

AN ACT to repeal an Act of the present Session of Parliament, intituled An Act for the more effectual abolition of oaths and affirmations taken and made in various Departments of the State, and to substitute declarations in lieu thereof, and for the more entire suppression of voluntary and extra-judicial oaths and affidavits, and to make other provisions for the abolition of unnecessary oaths.

(The following seem to be the only sections of this Act which now affect Ontario.)

substituted for

15. AND WHEREAS an Act was passed in the fifth year of the Declaration reign of His late Majesty King George the Second, intituled, oaths and An Act for the more easy recovery of debts in His Majesty's plantations and colonies in America.

And whereas another Act was passed in the fifty-fourth year of the reign of His late Majesty King George the Third, intituled An Act for the more easy recovery of debts in His Majesty's colony of New South Wales;

And whereas it is expedient that in future a declaration shall be substituted in lieu of the affidavit on oath authorised and required by the said recited Acts;

Be it therefore enacted, That from and after the commencement of this Act, in any action or suit then depending, or thereafter to be brought or intended to be brought in any court of law or equity within any of the territories, plantations, colonies or dependencies abroad, being within any part of His Majesty's dominions, for or relating to any debt or account wherein any person residing in Great Britain and Ireland shall be a party or for or relating

affidavits required by 5 Geo. 2, c. 7.

to

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