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Cecil Swale Diary, 1904
Cecil Swale 1904 Diary 34.pdf
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MERCANTILE LAW - CONTINUED
stove with pipes and furnishings, one other heating stove with pipes, one crane, one pair andirons, one set of cooking utensils, one pair of tongs and shovel, one coal scuttle, one lamp, one table, six chairs, oen washstand, with furnishing, 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 teacups, twelve saucers, one sugar basin, oen milk jug, one teapot, twelve spoons, two pails, one wahs tub, one scrubbing board, three smoothing irons, all spinning wheels and weaving looms in domestic use, one sewing machine and attachements in domestic use, thrity volumes of books, one axe, one saw, one gun, six traps, and such fishing nets and seines as are in common use, all these articles not to exceed in value $150. (2) All necessary fuel adn provisions for debtor and family for thirty days, and not to exceed $40 in value. (3) One cow, six sheep, four hogs, and twelve hens, in all not exceeding the value of $75, and food therefore for thirty days, and one dog. (4) Tools and implements ordinarily used in debtor's occupation, to the vale of $100. (5) Bees reared and kept in hives to extent of fifteen hives. (6) All materials furnished to mechanics adn workmen for construction of building under contract. (No articles exempt from seizure for debt contracted for identical article.) Landlord has preferential claim for four weeks, if let by the week; two terms, if let for periods less than a year, but in no case exceed one year.
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A clause in assignment giving the trustee the power to carry on trade to realize as a going concern will not vitiate assignment. Trsutee is bound to use ordinary business prudence in dealing with estate. Trustee is responsbile for fraud or gross misconduct. A trustee can be compelling in equity to give an account of his dealings with the estate. MARRIED WOMEN can carry on business, sue and be sued in the same manner as if unmarried. Are entitled to hold property free from debts and control of husband, and can convey away real estate acquired since July, 1884, without husband's concurrence. Are entitled to dower in all real estate owned by husband during the marriage, and in such equitable real estate as the husband may die entitled to. The real and personal estate of every man dying, after the first day of July, 1895, intestate and leaving a widow but no issue shall in all cases where the net value fo such real and personal estate does not exceed $1,000, belong to his widow absolutely and exclusively. ARREST. - Arrest for debt has been abolished, but if a debtor is about to leave Ontario with intent to defraud or hinder one or all of hi screditors in the recovery of their claims, he may be arrested under a write of capias, adn detained until he gives security for the claim. A writ of ca. sa. may be obtained after judgment. The writ is only issued upon order of a Judge, and the debt must exceed $100. A judgment debtor being examined as such, and not making satifactory answers, may be committed to jail by order fo the Judge utnil he does make satisfactory answers. In the Divison Corut the Judge may order the debtor to make regular payments on the judgment, and |
on default may commit him for not obeying the order. ATTACHMENT OF PREPERTY. - If a person resident in Ontario indebted to any other person departs from Ontario with intent to defraud his creditors, and at the time of his so departing is possessed of any real or personal property not exempt by law from seizure, he shall be deemed an absconding debtor, adn his property may be seized and taken for the satisfying of his debts by an order of attachment. REPLEVIN is used to obtain possession of goods wrongfully detained. Plaintiff must give security to three times the value of the goods before he can obtain them, and must proceed promptly with hi saction to prove the ownership of the goods. WILLS. - A will should express the intention of the testator in clear language. Every will shall be construed to speak and take effect as if it had been executed immediately before the death of the testator. It may be drawn by any person. A bequest to a witness is void. No will made by any person under teh age of twenty-one years is valid. A will must be signed by teh testator in the presence of two witnesses, who, at his request, in his presence, and in the presence of each other, should affix their names as witnesses. Charitable bequests in wills of testators dying before the 14th day of April, 1892, are only payable out of pure personal estate; but in wills of testators dying on or after that date, land may be devised to or for the benefit of any charitable use, but such land shall be sold by the devisee within two years from the death of the testator. Money charged or securedon land may be devised for a charitable use. |
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