LIMITATION OF ACTIONS. R. S. O. 1897, CAP. 72. An Act respecting the Limitation of certain actions. LIMITATION OF ACTIONS— For rent upon a demise, s. 1 (a). On recognizances, s. 1 (c). On awards, s. 1 (d). For escape, s. 1 (e). For money levied under execution, s. 1 (f). For penalties, etc., s. 1 (g). Of account or between merchants, DISABILITIES, s. 3. NO DISTINCTION BETWEEN RESIDENTS. EFFECT OF ACKNOWLEDGMENTS, s. 8. Upon covenants in mortgages, s. 1 LIMITATION IN INTESTACY, s. 9. (h). H ER MAJESTY, by and with the advice and consent of the as follows: time for com 1.-(1) The actions hereinafter mentioned shall be com- Limitation of menced within and not after the times respectively hereinafter mencing parmentioned, that is to say: (a) Actions for rent, upon an indenture of demise, (b) Actions upon a bond, or other specialty, except upon (c) Actions upon a recognizance, c. 3, within twenty years after the cause of such actions arose; (d) Actions upon an award where the submission is not (e) Actions for an escape, (f) Actions for money levied on execution, within six years after the cause of such actions arose; 2 ticular actions. Where time specially limited. Actions of account, etc., to be com six years. (g) Actions for penalties, damages, or sums of money given to the party aggrieved, by any statute, within two years after the cause of such actions arose; R. S. Ö. 1887, c. 60, s. 1 (1, c—g). (h) Actions upon any covenant contained in any indenture of mortgage, made on or after the 1st day of July, 1894, within ten years after the cause of such actions arose. 56 V., c. 17, s. 1, part. (2) But nothing herein contained shall extend to any action given by any statute, when the time for bringing the action is by the statute specially limited. R. S. O. 1887, c. 60, s. 1 (2). 2. All actions of account or for not accounting, or for such accounts as concern the trade of merchandise between merchant menced within and merchant, their factors and servants, shall be commenced within six years after the cause of such actions arose; and no claim in respect of a matter which arose more than six years before the commencement of the action, shall be enforceable by action by reason only of some other matter of claim comprised in the same account, having arisen within six years next before the commencement of the action. R. S. O. 1887, c. 60, s. 2. In case of disability of plaintiff. Non-resident plaintiffs. Non-resident defendants. As to cases where some joint debtors have been within and Ontario. 3. In case a person entitled to such action, as aforesaid, is at the time of the cause of action accruing within the age of twenty-one years, or non compos mentis, then such person may bring the action, within such time after coming to or being of full age, or of sound memory, as other persons having no such impediment should, according to the provisions of this Act, have done. R. S. O. 1887, c. 60, s. 3. 4. A plaintiff who is resident out of Ontario shall have no longer period of time to commence an action than if he were resident in Ontario when the cause of action or proceeding first accrued. R. S. O. 1887, c. 60, s. 4. 5. If a person against whom any such cause of action accrues, is at such time out of Ontario, the person entitled to the cause of action may bring the action within such times as are before limited after the return of the absent person to Ontario. R. S. O. 1887, c. 60, s. 5. 6. Where a cause of action, with respect to which the period of limitation is fixed by the Imperial Act of the 21st year of the reign of King James the First, chapter 16, section 3, or by some without any Act now in force in Ontario, lies against joint debtors, the person entitled to the same shall not be entitled to any time within which to commence such action against any one of the joint debtors who was within Ontario at the time the cause of action accrued, by reason only that some other of the joint debtors was, at the time the cause of action accrued, out of Ontario. R. S. O. 1887, c. 60, s. 6. against one against 7. The person so entitled shall not be barred from commenc- Recovery ing an action against the joint debtor who was out of Ontario joint debtor no at the time the cause of action accrued, after his return to bar to action Ontario, by reason only that judgment has been already another who recovered against the joint debtor who was within Ontario at the time aforesaid. R. S. O. 1887, c. 60, s. 7. is absent. ten acknow 8. In case an acknowledgment in writing, signed by the Effect of writ principal party or his agent, is made by a person liable upon ledgment or an indenture, specialty or recognizance, or in case an acknow- part payment. ledgment is made by such person by part payment or part satisfaction, on account of any principal or interest due on such indenture, specialty or recognizance, the person entitled may bring an action for the money remaining unpaid and so acknowledged to be due, within twenty years, or in the cases mentioned in clause (h) of sub-section 1 of section 1 within ten years, after such acknowledgment by writing or part payment, or part satisfaction, as aforesaid; or in case the person entitled is at the time of the acknowledgment under disability, as aforesaid, or the party making the acknowledgment is, at the time of making the same out of Ontario, then within twenty years, or in the cases aforesaid within ten years, after the disability has ceased, as aforesaid, or the party has returned as the case may be. R. S. O. 1887, c. 60, s. 8; 60 V., c. 3, s. 3. recover per an intestate or brought years. 8, 13. 9. No action or other proceeding shall be brought to recover An action to the personal estate, or any share of the personal estate of a sonal estate of person dying intestate, possessed by the legal personal repre- any part theresentative of such intestate, but within twenty years next after of, must be a present right to receive the same accrued to some person within twenty capable of giving a discharge for or release of the same, unless Imp. Act, 23 in the meantime some part of the estate or share, or some and 24 V., c. 38, interest in respect thereof has been accounted for or paid, or some acknowledgment of the right thereto has been given in writing, signed by the person accountable for the same, or his agent, to the person entitled thereto, or his agent; and in such case, no action shall be brought but within twenty years after such accounting, payment or acknowledgment, or the last of such accountings, payments or acknowledgments, if more than one, was made or given. R. S. O. 1887, c. 60, s. 9. EXECUTION. Short title. Chattels ex empt from seizure. Bedding. Apparel. Furniture. HER Money and securities, ss. 18-20. WHAT MAY BE SOLD UNDER EXECU- Equity of redemption of lands, ss. Contingent interests, s. 33. CHURCH PEWS AND SITTINGS, s. 34. SALES AGAINST EXECUTORS, s. 35. ER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: 1. This Act may be cited as "The Execution Act." R. S. O. 1887, c. 64, s. 1. EXEMPTION. 2. The following chattels shall be exempt from seizure under any writ, in respect of which this Province has legislative authority, issued out of any court whatever in this Province, namely: 1. The bed, bedding and bedsteads (including a cradle), in ordinary use by the debtor and his family; 2. The necessary and ordinary wearing apparel of the debtor and his family; 3. One cooking stove with pipes and furnishings, one other heating stove with pipes, one crane and its appendages, one pair of andirons, one set of cooking utensils, one pair of tongs and shovel, one coal scuttle, one lamp, one table, six chairs, one washstand with furnishings, six towels, one looking glass, one hair brush, one comb, one bureau, one clothes press, one clock, one carpet, one cupboard, one broom, twelve knives, twelve forks, twelve plates, twelve tea cups, twelve saucers, one sugar basin, one milk jug, one tea pot, twelve spoons, two pails, one wash tub, one scrubbing brush one blacking brush, one wash board, three smoothing irons, all spinning wheels and weaving looms in domestic use, one sewing machine and attachments in domestic use, thirty volumes of books, one axe, one saw, one gun, six traps, and such fishing nets and seines as are in common use, the articles in this subdivision enumerated, not exceeding in value the sum of $150; 4. All necessary fuel, meat, fish, flour and vegetables, actually Fuel and provided for family use, not more than sufficient for the ordin- provisions. ary consumption of the debtor and his family for thirty days, and not exceeding in value the sum of $40; 5. One cow, six sheep, four hogs, and twelve hens, in all not Animals. exceeding the value of $75, and food therefor for thirty days, and one dog; 6. Tools and implements of or chattels ordinarily used in the Tools. debtor's occupation, to the value of $100; 7. Bees reared and kept in hives to the extent of fifteen hives. R. S. O. 1887, c. 64, s. 2. Bees. take proceeds of sale of im plements, etc., in money. 3. The debtor may in lieu of tools and implements of or Debtor may chattels ordinarily used in his occupation referred to in clause 6 of section 2 of this Act, elect to receive the proceeds of the sale thereof up to $100, in which case the officer executing the writ shall pay the net proceeds of such sale if the same do not exceed $100, or, if the same exceed $100, shall pay that sum to the debtor in satisfaction of the debtor's right to exemption under said subdivision 6, and the sum to which a debtor shall be entitled hereunder shall be exempt from attachment or seizure at the instance of a creditor. R. S. O, 1887, c. 64, s. 3. ed from seizure go to widow 4. The chattels so exempt from seizure as against a debtor Goods exemptshall, after his death, be exempt from the claims of creditors of after death of the deceased, and the widow shall be entitled to retain the the debtor to exempted goods for the benefit of herself and the family of the and family. debtor, or, if there is no widow, the family of the debtor shall be entitled to the exempted goods. R. S. O. 1887, c. 64, s. 4, part. selection. 5. The debtor, his widow or family, or, in the case of infants, Right of their guardian, may select out of any larger number the several chattels exempt from seizure. R. S. O. 1887, c. 64, s. 5. 6. Nothing herein contained shall exempt any article Exception. enumerated in subdivisions 3, 4, 5, 6 and 7 of section 2 of this Act from seizure in satisfaction of a debt contracted for the identical article. R. S. O. 1887, c. 64, s. 6. seizure to con 7. Notwithstanding anything contained in the preceding Goods liable to sections, the various goods and chattels which were prior to the tinue so liable first day of October, 1887, liable to seizure in execution for for debts condebt shall, as respects debts which were contracted prior to the Oct. 1, 1887. tracted before |