Court summons for money owed by the Queen's Royal Hotel to James McPhee.
Transcription is as follows:
Copy of Summons to Primary Debtor (Before Judgement) and Garnishee
in the First Division Court in the County of Lincoln
Between James McFee Primary Creditor
Queen's Royal Hotel Co. Primary Debtor
Niagara Golf Club per J.J. Glaser or Majory Hern Garnishee
To the above named Primary Debtor and Garnishee:
Take Notice that the above named Creditor claims from you the Primary Debtor eighty six 79/100 dollars, as shown by his particulars of claim herewith. If the amount of claim with lawful costs be paid to the clerk of this court within eleven days from the service hereof upon you, the Primary Debtor no further proceedings shall be taken.
Unless within Eight days after the service of this summons on you, the Primary Debto, you enter with the clerk of this Court a notice in writing that you intend to dispute hte claim, the Clerk may enter judgement and issue execution against you.
In case you, the Primary Debtor, give such notice disputing the claim, the action will be tried at the sittings of this court to be held at the Town of Niagara in the Country of Lincoln next after the expiration of ten days from the time this summons is served on you and the sittings of the Court are set forth below.
Given under the seal of the Court, this 5th day of October 1922
Costs exclusive of Mileage $6.26
S. Shearer Clerk
Notices and Warnings to Primary Debtor and Garnishee
No 1. - If the Primary Debtor disputes the Primary Creditor's claim, or any part of it, he must leave with the Clerk within eight days after the day of the seervice hereof notice to the effect that he disputes the claim, or if not the whole claim, how much he disputes, in default whereof final judgement may be signed for the whole claim, or such part as is not disputed at any time within one month after the return of hte summons, or afterwards by the leave of the Judge, without prejudice to the primary creditor's right to recover for the remainder of the claim.
No. 2 - If the primary debtor desires to set off any demand or counter-claim against the primary creditor at the trial or hearing or to take the benefit of any statue of limitations or other statue, notice thereof in writing together with the particulars of the set-off or counterclaim must be left with the clerk of the court and served on the primary creditor, or left at his usual place of abode if he is living within the division, not less than five days before the day on which the action will be tried, and in case the primary creditor does not reside within the division such notice and particulars must be left with the clerk for him.
No. 3 - On the day of trial the primary debtor must bring all the books and papers necessary to prove his case, or in any way connected with it or with his transactions with the primary creditor.
No. 4 - Summonses for witnesses and the production of documents may be obtained at the office of the clerk upon payment of the proper fee.
No. 5 - The ensuing sittings of the Court will be held as follows, viz:
at 10 o'clock a.m. on Monday, the 20th of November 1922
No. 6 - In any case in which an order may be made changing the place of trial, application must be made therefore to the Judge of the Court within eight days after the day of service hereof (where the service is required to be ten days before the return) or within twelve days after the day of such service (where the service is required to be fifteen days or more before the return.)
No. 7 - The garnishee is entitled to set up statutory or other defence or set-off, or to dispute or admit liability in whole or in part, and the garnishee and all other persons interested in or in any way affected by the proceedings may also show any other just cause why the debt sought to be garnished should not be paid or applied in or towards satisfaction of the claim of the primary debtor, and if they desire to do so they must file with the clerk notice thereof, with particulars of such defence or set-off, or an admission of the amount owing or accuring from the, or either of them, within eight days after the service of the summons.
No. 8. - You, the said garnishee, are hereby notified that from and after the time of the service of this summons on you all debots owing oraccuring from you to the above named primary debtor, are attached, and if you pay the same otherwise than into court, you will be liable to repay it in case the court so orders.
No. 9. - In the absence of any notice of such defence or set-off the Judge may in his discretion give judgment against you or either of you.
No. 10. (1) The resides in the Province of Ontario.
(2) The debt alleged to be due by the Primary Debtor to the Primary Creditor was not incurred for board and lodging.
(3) The said Primary Debtor is an unmarried person having no family depending upon him for support.
Niagara Golf Club
Queen's Royal Hotel
Town of Niagara