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Laa diagrammas suivants iilustrant la mAthoda. 1 2 3 1 2 3 4 5 6 ^/4> AN ANALYTICAL INDEX J TO TBI Adt 20th VICTORIiE, AlOKDISO THB JUDICATURE ACTS OF LOWER CANADA. BT ALEXANDER MORR^ili; ADTOCATB. JKontceal: PRINTED AND PUBLISHED BT JOHN LOVBLL, OAHADA DIBIOTORT OmOl, BT. MICBOItAB 8TB1IT. 1857. II \ \^ AN ANALYTICAL INDEX TO TBI ACT 20th VICTORIJE, CAP. XLIV., AHENDINO THE JUDICATURE km OF LOWER CANADA. BY ALEXANDER MORRIS, ADVOCATE. MONTREAL: PRINTED BY JOHN LOVELL. 1857. /" I I .' t .^f' :'':^-^t-f^" \ PREFACE. The recent Act amending the Judicature Acts of Lower Canada, introduces so many new features in, and affects in so many ways the existing system of juris- prudence, that some means of ready reference to its numerous details has become a necessity, which, it is hoped, the present Analysis will, in some degree, supply to the profession and the Public. MowTRBAL, 17th November 1837. :r[-.. r ' ! i v/r>.i ".'•.C''' If- ■ rO, rv ■; INDEX. ABANDONMENT, In Circuit Court Appeal, non-appearance of Ap- •" pellant, 07 Neglect to serve and fyle Copy of Petition, 09 Neglect to prosecute Appeal, flo On application right declared perfected, 60 Costs ordered, qq ACCOUNTS, Mattcre, as to settlement of, may bo referred to Accountants, go Such referees, to have powers of experts, 92 These reports how homologated, 02 Attestation of, 91 ACT, Day to be named by proclamation, in Act to take full effect in civil matters, 3 Likewise, in criminal matters, 3 Provisions of this and other x\cts to be construed ' as parts of same Law, 149 113th Section of Judicature Act of 1849, cap. 38 extended to interpretation of this Act, 149 ; Express repeal of provision of former Acts not to continue in force inconsistent provisions of other Acts, I49 . Inconsistent provisions repealed, 149 Interpretation of Superior Court, and of certain other expressions in, 150 Meaning of references to certain Acta therein, .... 150 . Interpretation Act remains effective, 160 Preamble of Act in force on passing of Act, 162 Sections 1 to 5 inclusive " " 162 ACT—ConttnufiK Schedule A, in force on pjiHHing of Act, 125 Section 20 '• •' 1S2 SoctionH 100 to 112 inclusive " " 152 Secs.133, 140, 160,151,162 " " 182 Sections to 10 inclusive come into force on 24th Nov., 1 867, see Proclamation, 162 Sections 21 to 00 both inclusive, see I'roclnmaiion, 162 Schedule 15 " 162 Sections 117 to 132 both inclusive " 162 Section 134 to 148 " " 162 All other Sections come into force on day appointed by Governor, when satisfied that there is a Court House and Gaol at each chof-lieu of District, 162 But tlie coming into force of any part of Act not to operate change in local jurisdiction of Courts until a day is named for Act to take full effect in civil matters, 162 Nor likewise to eft'ect Courts in criminal mat- ters until the time appointed by proclamation for Act to take full effect in such matters,. . . 152 ACTIONS, , When Appealable in Circuit Court, 00 When Judge recused, 6G Evidence in Appealable cases how taken, 67 As to preliminary pleas, 62 Articulation do faits in, 74 No trial by jury unless sum exceeds £50, 81 Evidence in Superior Court, 82 Proof of signature in actions on promissory notes and other instruments in writing, 87 Affidavit to substantiate pleas in such actions 87 Prothonotaries action for enforcing deposit of nota- rial minutes, 142 Proceedings as to actions pending when Districts or Courts altered, 146 I I I 125 152 162 162 »n 24th 162 naiion, 162 168 108 m >oiiite(l •e is a ieu of 162 not to Courts effect 162 inat- lation ■s,... 152 .... 00 .... 56 .... 51 .... 62 .... 74 . . . . 81 • • • • 82 notes • • • • 87 . ... 87 lota- ... 142 tsor ... 146 \i 7 ADMISSIOX, Omission to fyli! answer to articulation, 74 May bi- fylod at or l)oforo ornjui'to or trial, 77 Prior coj-ts 77 Oral adiiii»8iori li«for»! cnum'aoiir how rioted, 03 I AFFIDAVIT, Must l)c fyle l where to 67 nee or not 67 67 t» 67 I with ap- 67 ininal re- 25 26 oined, . . 74 74 lays 74 idmittcd 74 75 75 7G xible,.. 76 51 Hstricts, 148 148 l>rocla- 148 148 on not 148 ited,.. 148 148 :!,.... 114 113 113 f 11 BUILDING AND jr;- FUND— Cb«/*,iM«/. .^ .u:; To consist of , All fines under {>o!ico ordinances, 1 113 . Crown's share of fines on siinnnary convictions. 2 113 Crown's share undtM- public worship Act 3 113 One per cent, of all nionit^s levied by Sheriff or 'bailiff, 4 113 All fines under juvenile offenders Act, 5 113 All fines for contempt of Court, 6 113 non-attendanic of jurors, 113 ■ disobedience to ord* r of Court, ... 6 113 Contribution thereto from local municipalities,. 7 113 When to be paid to Sheriff, 7 113 If not paid Sheriff may recover same, 7 113 Or levy on ratepayers for, 7 hq His power in collecting: same, 7 113 Sheriff to receive and disbur.-o, 114 To account to Inspector General, 114 Accounts to be audited by Board of Audit, 114 To invest surplus monies in Government securities, 114 With approval of Inspector General, 114 In case of rebuilding of District Buildings, niuni- cipalities to make up the deficiency of fund,.. 115 If fund too large for District.Governor may diminish 116 Or, if vice versa, increase, 116 CASES PENDING. ^ May be continued and determined by one Judge,. 38 Previous decision not to be reversed by one Judge unless he might do so if his own 38 No alteration in District or local jurisdiction to affect pending snits or proceedings, 146 Such suits, when to be proceeded with, 140 CHEF-LIEU, , If name of changed still continues to be chef-lieu,. 1 CIRCUIT COURT, To be !)eld by Judges of Superior Court, .... 13 May be held in other County than that where 12 CIRCUIT COURT— Con m i 14 CIRCUIT COUIiT—CW//njm/. »' • ^ Evidence in appealable cases in, 82 AdmiHsionn in, 84 Ex parte cases in, 85 Fait^ et articles in, 86 Rules of practice and tariff in force how altered, . . 88 CIRCUIT, No alteration in Circuit to aflfect any suit or pro- cceeding then pending, 146 Such action may be continued in Court where coniincnced or to which transmitted, 146 CLERK OF APPEALS, May open Court when, 16 May receive returns, and notices of course, record defaults, &c 15 Salary of, 20 Security on appeal from Circuit Court raay be given before, 62 Authorized to administer necessary oalh to secu- ' rities, 62 May receive amount of judgment in certain cases, 63 To give certificate of putting in security, 66 To enter cases in appeal, 67 CLERK OF CIRCUIT COURT, In case of recusation to transmit record, 66 Security in appeal may be given before, 62 To retain bond of record, 62 Authorized to administer oaths to sureties, 62 May receive amount of debt in appeal, when, .... 63 To deliver a certificate of fyling petition in appeal, 66 To certify petition, 66 To transmit same, 66 To take down notes of evidence in appealable cases, 82 To take notes of oral admissions, 84 To receive evidence in default and exparte cases, . 86 I ' ' . ',i'.- 82 84 85 86 re«J, . . 88 r pro- 146 where 146 15 ecord • • • • 15 • f • • 30 ly be • • • • 62 sccu- . . . . 62 sases, 63 • • • • 66 • • ■ • 67 • • • 56 • • • 62 62 • • • 62 • • • 63 »eal, 66 • • • 66 a • • 66 ible • • • 82 » « « 84 S • 86 I i I f, i u CLERK OF CIRCUIT COVHT—Conlinue^/. To take answers to faits ct article«i, 86 Has power lo tax coHfc*, 90 Effect of such taxation, 90 May be appointed at two places in a Countv, when, 94 COMPTON, Entitletl to £300 for a County Couit-Iiouse, 100 COURT HOUSE AND GAOLS, To be built in each District, 2 III new Di^itricts, 100-116 ■ jGoOOO may be spent for, in each new District,. . . 103 « ' Counties may add thoreto, 104 • •' • - County delegates may ajjree upon su(;h sum, .... 104 ' County Council liavo full power to raise same, .. . 104 ' ■ Any local inunicii>ality lias power so to do, 104 Site for, to be fuinisheil, 105 To be approved of by Commissioners of I'ublic Works, 105 ' If not furnished, Commissioners may select site,. . 105 Or Governor may appoint, 105 £900 allotteii for County Court-house, 106 • (bounty Court-house sites to bo furni.shed, 106 Place of such Court to be approved by Governor,. 106 Site to be approved by Board of Works, 100 If more than one Court-house in County how built, 106 If one such Court-house not required, may be sold, 108 Proceeds of sale how disposed of, 108 To be built by Board of Works, 109 ' -'' • Powers of Board of Works, 109 Plans to be approved by Governor, 109 Not to prevent Municipalities taking real property for their purposes, 109 Courts to be held in Court-house, 110 ' If Court-house damaged, 110 It 1 s. H 16 COURT HOUSE AND GkOLS— Continued. Gaol to be Common Gaol, 110 Frovisioiis as to tho other Acts, 110 Title to District Court-house vested in Sheriff,. . . . Ill Without power to alienate or encumber, Ill Title to County Court-house in County, Ill Buildings to bo insured, 112 Insurance Company how approved, 112 Building and Jury Fund constituted, 118 By whom received, 114 Account to be rendered, 114 « " audited, 114 Rebuilding of Gaol or Court-house, how done,. . . . 115 At whose expense, 115 If the fund deficient therefor, 115 If fuud too large, 116 If insufficient, 116 COMMISSIONERS OF PUBLIC WORKS. To receive from Receiver General appropriation for Court House, 103 To receive additional sums raised by municipality to be expended by 104 To approve site of Court House, 103 If Council fail to furnish site, may accept site from Crown, 105 To approve site for County Court House 106 To build District Court Houses and Gaols, 109 All powers and provisions of Acts relating to, ap- plied to this Act, 109 Plans for the buildings to be approved by Governor in Council Ill To approve of lusurance Company in which Sheriff insures, 112 To direct disbursement of monies for re-building Court House, 115 To rebuild oc enlarge Court House, 115 li III 110 110 riflf,.... Ill Ill Ill 112 112 118 114 114 114 )ne,.... 115 116 115 116 116 fvtion for ... 103 icipallty 104 103 ite from 105 106 109 to, ap- ... 109 overnor ... Ill which 112 uilding 115 115 11 CONVICTION. Question of law as to, may be roHorvpd when,. ... 22 Execution of jut!u;inent re8[>ite(l, 22 Or judgment jiostjionod, 22 Person may be committed or bail taken, 22 (./ourt of Queen's Bench may give judgment thereon, 23 If conviction liad in matters irrespective of merits. Queen's IJencli may order new trial, 28 CORONER. . • Tiie Sheriir may be 135 The Coroner disqualified, Prothonotary or Deputy Sherilf may act, 135 May appoint Dn[)uty, 130 COST'S. On abandonment of appeal, how obtained, 09 On preliminary pleadings, allowed if successful, . . 73 Of Enqu^te on such pleas, 73 Of proof of facts omitted from articulation, 75 Of proof of facts denied, 75 Occasioned by omission to fylc documents, V6 Coats incurred bv adduction of evidence after omission,] 78 Costs under^74 to 78 sections, or 85 section of Act of 1849, to be stated in judgment, 79 May bo recovered or deducted, 79 Before whom taxed, 00 Revision of taxation by Prothonotary, how made, 00 Notice of revision to be given, 90 Such revision not to stay execution, 90 Deduction, how disposed of, 90 Application for revision to be made within six months after taxation, 90 CRIMINAL TRIALS. In convictions of treason, felony, or misdemeanor, before Courts of Queen's Bench, Oyer and Terminer, or Quarter Sessions, Court may 2 K; 18 CRIMINAL TliWLf^—Contlniml. r»'f*orvo ijUfrttiotiH of law for (Kicit'ion by Court of (iuetin'H Boiicli, 22 Court limy cornniit parties so couvictcd or tnke bail, 22 Such Court to projtarc a cnm, stating tlio qucgtioii rcservLMl, aiwl transmit tlio same to Clerk of Appeals, 23 Court of Qm-en's liunch to dtfcitle tliernon, 23 lias power to arrt-st or order judgment, 2',\ Judgment of Court of Queen's Hom-li, to bo cer- titied by Judge in such eases, 24 Then to be sent to Clerk of Court, 24 Clerk to transmit same to Sheriff or ( Jiioler, 24 Uecognizauces vaitated alter order of Queen's licnch iu error, 24 Judgment of Quei;n's Heiu-.h on reserved questions to be given in open Ctturt, after hearing counsel 26 Court may onler noti«;e or appetirance in such cases, but otherwise not required, 25 On Writ of Error in criminal niattera, Court may pronounce proper judgmeiil or remit record to Court below, 27 May send back case for amendment 27 If Court iu Error declare convi(!tion bad, nuvy order new trial, 28 Forging any such certificates is felony 29 CURATORS. How appointed, 91 DEBENTURES. To be issued under this Act, provisions as to, .... 102 DEFAULT. Not appearing on appeal l>y respondent, is default, 67 liy appellaut, is abandonment of appeal, 67 Delay in paying postage on recoril or other docu- ment to be transmitted, regarded as, 144 f Court 22 ce bail, 22 icstioii erk of 23 « • ■ • • 23 2;] )0 cor- 24 24 24 luceii'f* j 24 1 ounsel 26 I cases, 25 t may :ord to 27 27 1 28 29 1 91 102 ifault, 67 .. 67 (locu- .. 144 DEFAUI/r CASES. Etj(|U('tt) in, 85 SijjiiHtnrt'H lioM i^oimirm in, 87 DELFBKUE. Discliargo uf in appeal, 18 In uppcalB may bo ordered it' tlin-o Judgen do nut concur, 18 DISTUICTH, Lower Canada dividiMl into nincttrn Districts, ... 1 Utidivi»ion into Districts to operate no change of local jurisdiction until Act takes etl'ect, 3 To be established by proclamation of Governor, . . 3, 4 Notwitlistanding change in Courts, not deemed new Districts except m so fur as jiftected by provisions of Act, 5 Terms of (Queen's Bench for original (criminal juris- diction to be fixed by Governor, 32 When held in Quebec and Montreal, 31 Two terms to be held in each District, 32 Present terms to continue till altered by proclama- tion, 33 Jurisdiction of Superior Court in, 35 I'ower of Judges and oHicers in, 35 Governor to fix period of holding terms of Inferior Court in, 30 Three terms of Superior Court to be held yearly in each District except Gaspo, 36 Two terms in Gaspo, 36 Present terms to continue till altered, 36 No term between 9th July and 1st September ex- cept in Gaspe and Saguenay, 36 Two or more Judges may sit in term or out, at same time, 39 If sole Judge of sick or absent, place how sup- plied, 40 If sole judge p.-u-ty to suit or recused, suit to be : brought in adjoining District, 40 . i 20 DISTRICTS— C'on/inufrf. ' I : If rt'CUKfttioii not nmiiituincd, rooord to Iw wnt to tlio District where nuit onglit to have been brought, 41 A Circuit un.lor the Act of 1840, 49 Two or inoro Ju« ///,«,.♦ .♦ 1$ CVmtsof hUch IMKjUt'lc, .Mf*." tt DucnintMils to Ix! ns('(l at, to b« t'yK-il with ifttoii ; ■ latioii if not hi'f'ort' t\ led, 70 'q Costs occasioned by omission, 76 ; In ex]»artt! and diifault cohor, §§ In;- ription for, after thrt'o days, 77 Vo'x'tliHtaiKliiii^ omission, admission uf fucts nin\ in' fylc'd at any time, 77 ; , Or nuiy bo made orally at uncineto, 77 ny Costs pruvionsly incurred theroby, 77 :,,; Costs occasioned by produeinj^ evideneo after omis- ' sion to fylo articulation, 78 !: May bo po6ti»oned [)y Judge if [larty surprised by evidence, 78 Or make other oiders, 78 Extraordinary costs how taxed, 79 Witnesses to be examined in presence of Judge, . . 82 Judge may put questions, 82 To take down or cause to bo taken down, notes of evidence in eontt sted cases, 82 Notes to be read over to witness, and signed by ; witness and Judge, 82 Notes of oral admission made at, to 1)0 signed by ' , Judge, 84 , -^ Protlionotary may hold enqnete in expartc cases, . 85 Faits et articles in, 86 A Commissioner may be appointed to take it I : when 93 h- Place ot holding and period of return to be speci- fied, 93 Proceedings in such enipiote (see Encpieteurs),. . . 93 1 !i 22 ENQUETEURS (Coimnissaires), In Superior or Circuit Court cases may be ap- pointed, 93 Appointment to mention placf and period of takinpr, 03 Period may be extended, 93 He shall be sworn, 93 He shall give eight days' notice, 93 Witnesses to be summoned, 93 ' ic shall swear witnesses, 93 May adjourn enquete, 93 But not beyond periofl, 93 Has powers of Judge, 93 Witnesses to be examined before him, 93 Depositions to be signed by him, 93 Shall receive documentary evidence, 93 Take notes of oral admissions, 93 Parties answering fails et articles may be ordered to answer before him vivd voce, 93 Procedure in such cases, 93 To make the return of Enqu6te, 93 Rules of Practice and Tariff of Fees to be framed as to 93 These provisions apply to Enquetes in all cases in Superior and Circuit Court, 03 Not to interfere with Com. Rogatoire, 93 EVIDENCE, Notes of, to be made by or in presence of Judge,. 82 Witness to be examined in his presence, 82 Notes to be read over to witness and signed by him and judge, .... - 82 May be corrected by witness, 82 Such notes to stand as evidence, 82 Does not ai)ply to jury trials, 83 Notes of oral admissions at Ei^uete signed by Judge, part of, 84 May be received by Prothonotary in exparte cases, 85 w y be ap- 93 oriod of 93 93 93 93 93 93 93 93 93 93 93 93 93 ardered 93 93 93 framed 93 ases in 93 93 >dgc, . 82 82 ed by ■ • . . . 82 i • ■ . • 82 • • • • 82 • • • • oo d by .... 84 3asc8, 85 23 EVIDENC1'>- Ca«e bad, and no issue except en preliminary plea, 72 But defendant entitled to notice of Enquete and liearing, 72 Certain provisions of Acts of 1849 and of 1853 apply, 72 Enquete on preliminary plea, 73 Costs of enquete, 73 If exception dilatoirc be maintained, defendant entitled to plead notwithstanding foreclosure, 73 Or to amend pleas or plead do novo, 73 If omits to amend or fyle new plea,. , , 73 If plea relates to garant, such garant may plead,. 73 EXECUTION. To be stayed for six months when appeal to Privy Council granted, 19 And thereafter till determination of cause, if cer- tificate of proceedings on appeal fyled, 19 If certificate not so fyled, execution may be sued out, 19 EX PARTE CASES. Notice of inscription for Enquete and hearing,. . . 72 Evidence receivable by whom, 85 Signatures held genuine in, 87 FACTUM. In Circuit Court appeal, may be ordered, 70 FAITS ET ARTICLES. Parties may be summoned to answer viva voce at enqu6to or trial, 86 < I i'i 24 FAITS ET ARTICLES— CbnftHWfc/. i | Answers to be taken clown, 86 Judge may put other questions, 8G Answer or refusal of these, 86 Party may be ordered to answer before enquotcur viva voce, 93 Proceedings in such case, 93 Farther questions may be then put, 93 Answer or refusal, how noted, 93 FEES. Tariff of in Circuit Court appeals, how made,. ... 70 Tariff of in enquete before Euquoteurs, 93 Of office how collected, 96 To whom paid, 96 By whom paid, 96 Fee fund in District, 96 FORECI-OSURE. . After preliminary plea, how and when obtained, . . 72 Notwithstanding foreclosure, defendant may plead if dilatory plea maintained, 73 GAOL. Sec Court House and Gaol. The Gaol built under A','t the Common Gaol,. . . . 110 And also House of Correction, 110 General provisions of Acts relating to in L. C, ap- ply to such Gaol, 110 If unsafe, prisoners may be removed, how, 137 GAOLEIl. Certificate of judgment of (Jueen's Bench, warrant to, 24 GARANT. Called in may plead, 73 GASrfi, DISTRICT OF. Special provisions as to, 117-126 General provisions of Act not inconsistent with special provisions, apply to, 125 Third section of Gaspo Judicature Act of 1843, cap. 17, repealed, 117 (il « iih •-»-"* -j-.**:».-r ■-;r-«^'^'*f « «,*».^JM. ..>-^»'*'\ vv* *» ^■'*'* " *'* i i 8G 8G 86 quotcur 93 93 93 93 le, 70 93 96 96 9G 96 ined, . . Y2 7 plead 13 ►1, 110 ... 110 C, ai> ... 110 ... 137 arrant .... 24 .... 73 117-125 with ... 125 1843, ... 117 26 GASPfi, DISTRICT OV—Continufd. Judges of Superior Court, how appointed, 117 And tht'ir privileges and disabilities, Ill Residence, 117 Circuit Court in to be held by resident Judge of Sr.pcrior Court, 118 Provisions of last Act as to District Judges ap- l.iied to, 118 Proceedings in case of recusation of Judge, 118 In case of evocation of cause to Superior Court,. 118 Sixth section of said act repealed, 119 Second section of Act of 1849, cap. 40, repealed, 120 Term of Sujierior Court luuy be held by one Judge in, 120 Seventh section of Gaspe Act of 1843, cap. 17, is repealed, 121 No appeal from Circuit Couri to Superior Court,. 121 In appeal cases an appeal to Queen's Bench, Quebec 121 But see as to " Magdalen Islands," ifec. Terms of Superior an.: Circuit Court to be held where they now are till altered by proclama- tion, 122 Provision as to Bonaventure and Gaspo being con- sidered separate Districts, 123 Not necessary to liavc duplicfite registers and phmiitif for Gaspo 123 Certain officers may be appointed for Gaspo and Bonaventure, 124 In case of death of officers, powers of deputy,. . . 124 Powers of such officers in either County equivalent to District officers, 124 Sherifi" of County of Gaspe may appoint deputy to Magdalen Islands, 124 ^ But Governor may appoint officers for whole Dis- trict, 124 Sheriff to have deputy in that County in which he does not resiiie, 124 26 GOVERNOR. To issue proclamation (tf establisliinent of Dis- tricts for civil inalters, and appoint time of holding Superior and Circuit Courts, 9 To issue proclamation appointing tenns of holding Courts of Queen'H llencli and establishment of Districts for criminal matters, 4 To prescribe Districts to Judges, 11 To appoint residences of certain Judges, 11 In Council, to fix travelling expenses of Judges of Superior Court, 12 May direct an extraordinary term in appeal or error to be held, 15 In Council, to fix salary of Clerk of appeals, .... 20 To fix by proclaniiition periods of holding terras of Queen's Bench for criminal jurisdiction,. . . . 32 To fix periods of holding terras in new Districts of Superior Court, 96 By proclamation to direct Circuit Court to be held in County when, 46 May tliiect Courts to be held in two or more places in cortiin Counties, 46 To approve of plac(i for holding Circuit Court selected by Municipal Council, 47 To fix same by proclamation, 47 May change place of holding Circuit Court, 51 Or may order its discontinuance in any County, . 51 May fix and alter number of terms of Circuit Court 52 Powers of as to Quarter Sessions, 97 Powers of as to salaries, 96 May authorize raising of £75,000 under this Act,. 101 To fix sura for Court House and Gaol, 109 To appoint «',hef-lieu for, when, 105 To approve site of County Court House, 106 To cause sale of Court House, 108 Court House to be built under control of, 109 Powers in case of destruction of Court House, . . . 110 H( SmS^m nt of Dis- nt time of 8, 3 of holding iblisliinent 4 11 11 Judges of 12 appeal or 15 >als, 20 ; terms of iion, .... 32 istricts of 36 ) be held 45 re places 46 t Court 47 47 U 51 ►unty, . 51 it Court 62 97 96 sAct,. 101 103 105 106 108 109 se, . . . 110 27 GOYEKSOli—Cuntluiod. Powers as to rclmildiiig of Court House, 115 ■ Hs to iniuiicipalities fund, 116 When Slierift' riporfs (iaol unsafe, to Huthorize re- moval of prisoners, 137 I'owers as to tariff's of fuea ex'?nded to other ofticers, 143 And to new Distncts, 143 HOUSE OF CORHECTION. Th»! Gaol in Now Districts is, 110 Until other house established 110 INSINUATIONS. How etlected, 91 INSOLVENT DEBTOR'S ACT. Curators under, how appointed, 91 INSPECTOR GENERAL. To appoint form of ac-count of Sheriff as to IJuild- inij Fund, 114 INSURAN( '^ Shcrj.i to insure District Buildings, 112 Amount of and Company to be approved by Board of Works, 112 In case of loss lie mr y recover, 112 Amount recovered how applied, 112 INTERPRETATION. 113th section of Act of 1849, as to, extended to this Act, 14') All other provisions for interpretation of that Act extended, 149 Of certain expressions in Act, 150 Meaning of Act or Acts,. 150 Effect of Interpretation Act not impaired, 150 Of term Quarter Sessions, <&c., 161 INVENTORIES. Closing of, 91 JUDGE. Appointment, powers and duties of not affected excei>t as provided by Act, 5 / 1 ! I 28 JUDGE— Contimcc (I. Fourtli |mi9n6 Jui1c;e of Queen's lionch to be appointed with like powers, duties and salray, 6 To reside at or near Quebec or Montreal, 1 At least two to reside at each of said places, 7 Any four of Judtjes of said Court a quorum, and may hold the Court and exercise all its powers, 8 A Chief Justice and seventeen I'uisno Judges to compose Superior Court, 9 Such Judges to exercise their functions in Districts assigned them by Governor, 9 Existing Judges to remain such, 10 Futuie Judges to be appointed from the Circuit Judges or advocates of ten years' standing, . . 10 To i>c appointed in inanner provided by Act of 1849, 10 Provisions of that Act and of law to apply to Judges of Superior Court, 10 Judges to rcsiile at certain places named, 11 Others at places within Districts to be named by Governor, 11 Salaries of present Judges to continue, 12 Salaries of future Judges fixed, 12 Travelling expenses of, 12 Circuit Judge, office of, abolished, 13 Superior Courts Judges vestdl with their powers,. 13 One Judge may open Court of Appeals in term, receive motions of course, f)wers of Quarter Sessions in certain cases, 34 power of, of Superior Court in Districts governed hv Act of 1849, .^5 Powers of quorum, or two Judge's of Superior Court vested in one Judge, ST One .ludge has all powers of Superior Court in term or out, 37 One Judge of may continue and determine pend- ing caFCs, 38 ihit may not reverse decision of other .Fudge unless he might if it were his own, 38 Two or more judges in same District may sit at same time separately and exercise all powers as if alone, 39 If sole Judi.'jo, sick or absent, place how and by whom supplied, 40 Assistant Judge when and how appointed, 40 If sole Judge party to suit or counsel, suit may bo brought in adjoining District on allegation of fact, 41 If recusation disputed to be tried summarily 41 If Judge's charge objected to at jury trial,. ...... 42 Judge or Prothonotary to exercise concurrently powers as to allowance of appeals, 43 Judge in Circuit Court may close or continue term, 53 Any two or morfe Judges in same District to hold terms of Circuit Court at same time, 54 One Judge to continue proceedings of another,. . . 54 If Judge of Circuit Court a party or recused, .... 56 Judge of Q,ueeu's Bench may receive security in Circuit Court appeal, 62 Has power to administer oath to securities, 62 so JUDGE— Continued. To take notes of oviJonce of witness cxmnined in his pre-*oiice in contested casw, 82 May put questions to witness, 82 May instruct I'rothouotary or bis writers to take notes, 82 To sign such notes, 82 To sign notes of oral admissions at enqudto or trial, 84 To take down answers to faits et articles, 8G To put questions pertinent to tlieni, 86 Aisy ten may a'ter Uiiks of I'racliee or Tariff of Fees, 89 Effect of order for revision of costs 90 Out of Court to exercise certain powers as to wills, t\itors, ikii 91 Order of Prothonotary in such oasi.'-i out of term liable to be set aside by Judsrn in term, 91 Judge of Superior Court, except in Quebec and Montreal, lias power to hold Qua iler Sessions, 138 When his dutv, 138 Shall hold Court alone, » 138 Powers of Judges of Superior Court as to Tariff of Fees repealed, 143 May declare terms of any Court closed, 147 Or may continue term from day to day by adjourn- ment, 147 JUDGMENT. Tn appeal coiicurred in by three Judges, has full force, 8 No judgment to be reversed, altered or confirmed but by concurrence of three Judges, 8 Court of Queen's Bench in appeal may adjourn for giving judgment, 15 Execution of Judgment stayed by writ of error,. . 21 Conviction may be respited when question of law reserved, 22 JUl • la' iiiiineJ in 82 82 8 to take 82 82 iqu6to or 84 80 86 Tariff of ....... 89 90 I to wills, 91 t of terra rn, 91 bee and k'Ssions, 138 138 138 rariff of .... 143 .... 147 djouru- .... 147 as full 8 firmed 8 irn for ... 15 ror,.. 21 'f law 22 81 JUDGMENT— ( '<»,(i,i unl. Judgment on ca-e rHMTVtd in <;riniiii!il trials may b(( onliMX'il or arrtstod, liow, 23 Judgiut'nt in such cas« of Qiu'Oh'h Uencli to ho wr- tilied hy J iidge, 24 Court onlered to give juilgmcnt by tiucen's IhiicIi shall do so at nt-xt !«o-sii>n, 2i Judgment of Queen's Ijcneh in ea^es reserved shall be delivertnl in open (Jourt, 25 When judgment in criminal matter reversed Court may rt^verse judgment or remit rceord to C\»uit below, 27 Appeal lies <'roin <'ert;tin judgments in Cireuit Coui t CO ^9|| Appeal from to he insliuited .iiid (••'rtain proceed- ings had within l\vent}-tive thiys f;om judg- ment rendered, 65 Consent to exet.Miiion of judgment appealed from may be given, 63 Or amount of may be deposited, 63 Eti'ect of reversal in such cases, 64 Appeal from to be KUiuniarily heard, 68 When to be heard, 68 Proper judgment to be rendered, 68 To mention facts or doiument whereby costs are taxable, 79 Appointing Enqiieteiirs shall contain certain parti- culars, 93 JURISDICTION. Local jurisliction of Superior or Circuit Court not changed until day name 1 for Act to take full effect in ci\il malttrs by Proclamation, 3 Of Queen'.s Bench, 21 Of Superior Court, 35 Of Circuit Court, 49 »' " at Quebec and Montreal, 55 Alteration of local, of any Court, 146 m 32 JURTSDICTION— Con//«He(/. ? ' " Chnnj^fo of Jmlgo or Justice not to affoct any pond- ing Huit or |)io(;eotlinj5, 146 How Huch suit or proceeding to bfl continued,. . . . 140 No cliang(! ill local juriwliction of Superior or Cir- cuit Court until day named by Proclamation as that in which the Act shall take full effect, 152 Nor in jurisdiction of Criminal Courts till Act pro- claimed as ill full force in criminal matters, . . 162 JUROIi. I'rovisloiis as to summoning, 08 '« " Jury lists, 98 Only ono List of Grand Jurors, 98 Only ono list of Petit Jurors, 98 At Criminal Court, allowaiuses to, how fixed, .... *>9 AVlien entitled to minimum amount of allowance to, 09 JURY TRIAL. If portion of Judge's charge objected to, to bo put in writing, 42 Such objected portion put in writing becomes part of case, 42 Documents to be used at, when to bo fji.'d, 76 Costs occasioned by omission to fylc, ........... 76 If answer to articuhition be not fyled proceedings may be had to bring to trial, 77 Admission of facts may be fyled at or before or made orally at, 77 Costs iiujurred as to, 77 If evidence adduced though articulation not fyled, 78 Judge may postpone trial, 78 Costs thereby occasioned, 78 Not allowed in civil actions under £50, 81 Except in pending cases, 81 35th and 88th Sections of act of 1849 as to, re- pealed, 81 Faits et articles in, 86 " ■ I'll :t any pond- 146 tinned, 140 rior or Cir- •oclamfttion > full effect, 152 ill Aft pro- matters, . . 152 08 98 98 98 ixod, 09 allowance 09 to bo put 42 becomes 42 d» 16 ..... 76 coedings 17 ►efore or 11 11 >tfyled, 78 78 78 81 81 I to, re- .... 81 .... 86 ■M 4 33 JUSTICE OF I'KAr'E. Local jurisdiction <>f, not to b« intcrfort'd with till day nainod in prochuiiation, 4 Chnnt;e not to atli'ct power or duties of, otli<'rwis(; than as providdl by Art, 5 MAGDALEN ISLANDS. Special provisions, as to, 120 to 13 1 Lslands shall form a C'inniit, \'2C> (.'iruuit Court thure shall have Hanio jurisdiction in all civil cases as Superior Co\irt, 1-0 Power of Clerk of Court, 120 No civil case evocab'e therefrom, 120 Procoedings in Court shall bo summary, 127 In appealable cases notes of evidence and admis- sions shall be taken by Judge, 127 Pleadings shal! be instanter, 127 Shall be oral unless otherwise ordered, 127 Two terms to be held yearly, 128 Terms may bo continued or closed, 128 Every day a return day, 128 Appeal lies to Queen's Bench Quebec, 129 Proceedings same as in Appeals from Circuit Court 129 When case may be heard in Queen's Bench, 129 But security in Appeal to be given in 15 days, .... 129 Judge there has power of Superior Court as to Bailiffs, 130 Clerk for such purpose haa power of prothonotary,. 130 Clerk of Circuit Court ex officio. Deputy Clerk of Peace, 131 His powers, 131 The Court House how provided, 132 £400 to bo applied from Municipalities Fund to Court House and Gaol, 133 Provisions as to, 133 Sheriff of Gasp6 to appoint a Deputy for Islands, . . 134 Power of Deputy, 134 3 94 MLVOiJS. ^"^nnnpnViou of, ^^mClVMATlKH. ' 01 Of County, ui,,.,, it , ''•"• Cin.uit Co rT o? ^^ ^"^"'""-''«t'-on ^ ^^-t ;*; ^« "M'ort.onocl under this ^'>"nty mny raise furtl.,,. .•„",,".'♦' 'V. ^00 ^ >»»ty DoIe,at<.,s to «;.."■ ^'^"^' "--.• . . 104 «fotlu>r(v,,,;,.j*'^'-'>''^«'^'''nnulopenclcntly C>f County to furnish sitVof r' ' '/ .' ^04 Aiiouanco to County C" Sn '"" ^05 ^f-t till ro,uirc/«^^^^^^^^^^^ 100 when, ^"' i'"'Po«e8 to County, r'focccds of sale of ComVC " ", 107 ^owerofMunielpal'yTtt^^^^^^^^ purposes not inipairod ^ ' ^^'^^^W ^"'iJ-ng a Court-house died' to i ^^^ • purpose, . '""^^ to ^0 a municipal Site of County cou;t"-ho;s'o" ;;;t;d'i;; '^^ To contributo yearly to V -i ] "' 1 11 5^-„„ufe„„us;,- 3"*r""^ ni May bo enforced by Sheriff' "3 ,, ^°r said purposes ^ ^'"™^^ debentures ^om and amount of ibent'urei ^^^ '' ••••. 102 01 "loflfttion >iirt estft. 45 uler tliia 100 ""«<>,... 104 104 104 nclently 104 105 100 'nty,.. 109 'Ounty, 107 > 108 licipal ••. 100 'cipal 100 .... Ill ••.. 113 ... 113 ... 113 ••• 115 in- ... IIG MUNTCirAI.lTFF':s H'NT> -CMtfmucf. Monio« of H/i\-l Fiiiul how to l>o itivrstoil 102 Tlu-rcof not fxct-edinj; jC50()0 to be Hjtont in oncli New I >i strict, 103 Such sum li'iw fM 1)0 nilvniii'cil, 103 .£300 to bo all )W0(| to Couulics in wliicli no Dis- trict Court for County Court House, 100 Site to by Miiiiii-ipaliiy, 100 TiitcroMt of said sum liow iipplicil, 108 .€160 allotted for iimiiicipal j)urposes to County Muiiiiipaliti(-'H in wliicli no DiHtrict Court,. . . 107 Proceeds of sale of Court-liottso, 108 .C400 jillotted foi Court-liouso and CJaol in >faL,'da- Icn Islands, 133 Deficiency of Fun(| for rebuilding Court-house to bo paid by, 115 If not so paid may bo recovered by, 115 Such monies to be disbursed under direction of Board of Works, 115 NOTARIES. Boanls of to transmit all iiotariats to protbonol.a- ries, 140 Minutes not liereafter to be deposited with Board, 140 ]5oards of not affected by alteration in Districts till altered by Governor, 148 Liniits of may be reduced, 148 When new IJoard comes into operation, 148 Powers of n(!w Doards, 148 NOTARIAL MINUTES. Within three months the notarial minutes of, in custody of any Board of Notaries to bo trans- mitted to Prothonotary of Superior Court of District, 140 To remain a part of records, 140 Expense of transmission how paid, 140 Hereafter minutes to be deposited with Protho- ^ ^^'•-•-.A.,,^r^.;^:^^ ,.. ' '•••"'onolary .'.nj.owo.v.l '," ' " l" ' *. 1<2 .s.-arcl.os, A',^..... '*'''*"'" '<'•'« for NorrcK 1-13 7'''''; '•'''*'^^'>^^^^V(.s ,,,,,,,,,,, . ^^<'<"""y /V,.,M """.> ^-''-'-mts ^^ ^^^I'HntM.e.a or nop.iu,;, JM ^""»n.».or„o,,,n(v, . 01 ^"^'"••'itoi.opni,,-^,,.;,;,;;;;;, • „;, «Hliui,.s „f, " .1 „y I .„(|,o„otrtry, .... jjj, ''''"•''!« of fous oi; ." im ^,^ ''»••'- «'a(... ns S^-;;- -::;!J;;;: - l«lii™ m,.| ,,,,«.,|;„,^ I, ,:•■••. "'1 (Ai.iL'i.V li 1. '^ "" 'i"ii»raill,!,l i„ I (1(1 'm Ill ii'2 U2 OH for M2 113 00 00 — n."i • • . Oi • • • 01 • • . 01 • • • or) • . 00 • • 0(1 ■ . 0Ml(>rn(|, wluit. <,c('itiru'!ilo ofCylintf ])otiti(>ii muy ho fyl.'d, 07 Koiiu'ily iijriiiiiHt y Court, 08 Itor.ord with judijmniil, (o l»o romiUod (o Courf. below, 08 Ertoct of ii(»;j;l(U'l, to s( ji;riint.t)d, 09 PiJCAS. 'I'o merits, iiiuy ho dtMiiHiir tlu^n^to 7! I>0«CE, OTSPECTOK OF^c r Par,;:""! '^ -^ c„,„r„ 'offl/"-"™' '-- J. drey reqy • ""' Mincer,. . ^n onsafc Gaol „,„„ I, p ,™cia/ Sec,.,;l ™'"°^'' 144 of Pro- 137 137 Gaol,., igy I effect ••• 3 3 are to • • . . 3 mat- • 3 N'ew • • . 4 S,., 4 be •• IQ ler 32 rt, 36 ■>• 45 e 46 . i 80 PROCLAMATION.-- Continued. What places appointed by, for holding of Circuit Court, 47 Ma} change place of holding Circuit Court in County, • 5x May fix terms of Circuit Court in District or Coun- ties, 52 Existing terras of Circuit Court to be held till al- tered by, 52 To direct holding and discontinuance of Quarter Sessions in new Districts, 97 Or re-establishment of, 97 May fix periods of holding Quarter Sessions, 139 As to new sections of Bar, 148 " '* Boards of Notaries, 148 To be issued proclaiming certain sections of Act in force when, 152 Proclaiming certain otlier sections when, 152 Proviso as to elfcet of these last proclamations not operating change in existing local jurisdiction of civil and criminal Courts till when, 152 PROMISSORY NOTES. In actions on, if exparte or default, signature held genuine, 87 Plea of denial of signature or of sufliiciency of pro- test to be substantiated by affidavit, 87 Otherwise held genuine and suflScient, 87 Recours en faux or requotc civile not taken away, 87 PROTHONOTARY. To transmit record to adjoining District in case of recusation, 41 Uas power to receive appeal bond or security in appeal, 43 To exorcise other powers in relation thereto, 43 To take down notes of evidence before Judge,. ... 82 Or employ writer so to do, 82 40 PROTHONOTARY.— Con^mMcrf. To take notes of admissions, 84 To receive evidence in exparte and default cases, . . 85 Has power to tax costs, 90 Effect of such taxation, 90 Vested with power as to wills and other acts of a nature requiring despatch, 91 His order liable to reversal by Judge in term, .... 91 May act as Sheriff if latter disqualified, 135 Or may act as Coroner in same circumstances, . . . 135 May appoint one or more deputies, 136 Notarial minutes to be transmitted to by Board of Notaries in three months, 140 Minutes to remain part of records of his oflSco, . . . 140 To pay expense of transmission of out of fees paid, 140 Notarial minutes of deceased notaries, &c. to be deposited with, 141 Action for compelling deposit, 142 The 9th section of Notarial Act of i 850 applied to, 142 Empowered to receive fees in searches of and copies from notariats, . . . , 142 Authorized to pay proportion of fees to represen- tiitives, 142 PROTEST. Plea of denial of regularity of, requires aflBdavit,. . 87 QUARTER SESSIONS, Local jurisdiction of, to continue till day named in proclamation, 4 Writ of error lies from, to Court of Queen's Bench, 21 When no Quarter Sessions, Queen's Bench to have cognizance of all matters and appeals, 34 Queen's Bench shall have, with respect thereto, powers of Quarter Sessions, 34 Powers of in new Districts, 96 May ^e discontinued in, how, 96 Or . .-established, 96 . 84 • 85 • 90 • 90 I a . 91 • 91 . 135 • 135 .. 136 rd .. 140 • • 140 d, 140 )e 141 . 142 i 142 d . 142 14e 87 4 21 41 QUARTER SESSIONS.— CoK/mw«/. Except in Quebec and Montreal each Judge of Su- perior Court Las power to hold, 138 Shall hold it alone without Justice of Peace, 138 When his duty to hold same, 138 Recorder or Inspector of Police may preside as chairman of, in Quebec or Montreal, 138 Or may hold Court alone, 138 Shall bo the duty of Inspector of Police to hold such Court, 138 In any case of appeal from decision of Recorder, In- spector shall preside, 138 And if vice versa the Recorder, 138 Governor may fix time of holding Courts of, in any District, 139 And may alter same, 139 Courts shall be holden in present Districts till al- tered, 139 No Court to be held in new District till period fixed, 139 Meaning of expression, 161 QUEEN'S BENCH. Local jurisdiction to continue till day named in proclamation, 4 Fourth puisn6 Judge of, to be appointed, 6 Judges of, where to reside, 6 Four of Judges a quorum, 10 , Four terms of, in appeal to be held yearly at Que- bec and Montreal, 15 ;' ;; Terms to last nine calendar days, 15 May adjourn for judgment 15 One Judge or Clerk of, may in term open or ad- journ Court, receive returns and motions, of course, call parties, &c., 15 "" When sitting in appeal and error to be a Court of error in criminal as well as civil cases, 21 42 QUEEFS BEiaClL—Coniimicd. Inferior Criminal Court may rusorvo question of law for decision l>y, ... 22 In convictions of certain offences, Court of Queen's Bench or Quarter Sessions may reserve ques- tion of law for decision, 22 May then respite execution of judgment, 22 Shall state the, question reserved, in a case and transmit to Clerk of Appeals, 23 Court has full power to decide thereon, and to arrest judgment or order judgment, 23 When no Quarter Sessions in District has power to try all matters and appeals which Session has cognizance of, 34 Forgery of any certificate required by Act is Felony, 29 Appeal lies to from certain oases in Circuit Court, 60 To hear ajipeals from Circuit Court summarily,. . . 68 To render proper judgment thereon, transmitting record, 68 May order factum in such appeal, 70 Make Rules of Practice in, 70 Make Tariffs of Fees in, VO Judge of Superior Court may hold term, of, in ori- ginal criminal jurisdiction, except wlien, .... 30 Judges, or ten or more, may make Rules of Prac- tice and Tariff" as to enquete before cnqueteur, 93 Meaning of expression, 160 QUORUM. Four Judges a quorum in appeal and error, 8 Powers of quorum of Superior Court vested in any one Judge, 37 Any one such Judge a quorum, 37 RECEIVER GENERAL. To invest monies of Municipality Fund not imme- diately required, 102 To pay appropriation for Gaol, 103 iininftiiOiMi W III ■^ tram ti of en's 22 uos- . 22 . 22 and .. 23 to .. 23 ;ver ion .. 34 ly, 29 rt, 60 .. 68 . . 68 .. 10 . 10 . 10 • 1- . SO r, 93 . 150 8 37 31 102 103 48 RECORD. To be transmitted in case of recusalioii, , 50 If recusation sot aside, to be sent to proper court,. 50 In appeal from Circuit Court to be transmitted with petition, 60 On non-appearance to bo reniittcil to Circuit Court, OT And also on abandonment of ap[)eal, 08 In case of change of place of holding Circuit Court to be transmitteil to new place, '71 ' Proceedings in wills, matter of despatch, l. Uesidtii '>' of JuJgcrt, 11 Salaries of do., 12 Junsilictioii of Superior Court as ro^^anls tlio Cir- cuit Court, 13 Jutlgo of may sit in Appeal, when, 18 Ono Judi^'c of, may hold Criminal torni of Court of Quciou's IJcnc.li, when, 00 Jurisdiction of, not alVfcled, 35 Local juilsdiction governed by net of 1849, cap. 38, 35 I'owers of two Judges or Quorum vested in ono Judge, 37 Ono Judge of, to exercise all powers of Court in matters cognisaMe hy it, 37 To enforce Sath Section of Act of 1849 by Rules of Practice, 80 Terms of (see Terms). Mode of taking evidcnco in, 82 Rules of Practice continued in force, 88 Uow altered, . . 89 Powers of as to Wills, Tutors and otiier acts of same nature, 01 Power to refer encjucto to an enqiicteur. . . ., 03 Rules of Practice as to such enquetcs, 95 Power to issue Commission not impaired, .' 93 Meaning of expression, 50 TARIFF As to Circuit Court appeals, 70 As to enquetes before Enqueteurs, 93 Extension of powers of Governor as to foes of Offi- cers of Justice 143 Governor may alter, make or repeal any suchtarifl of fees of Officers of Justice, 143 Powers as to extended to new districts, 143 Tariffs in force continued until repealed or altered, 143 Power of Judges of Superior Court as to Tariffs 49 TXnWV.— Cnntinnetl. of Ollicers' tt!»)s ropotiloil, 143 Superior ('i»urt retains poworH i\s to tarifFs of fees ill Superior aiul Circuit Courts, 89 TERMS. Four terms of Courts of Appeuls to bo lioM yearly in Quebec ami Monireiil, 16 Adjouriiincnt of term for givirifj juiltjmont may be to any day in criminal term of Court, 16 An extraordinary term of Court of Appeals may be called by proclamation, 16 All provisions of act and of law apply thereto, .... 10 Sittings of terms in appeal may bo continued by adjournment till business exhausted, 15 Of Crown side of Queen's Bench, when to be held, 31 Governor may fix periods of terms by Proclamation except in Quebec, 32 There shall be two terras in each District, 32 To such terms, act of 1840, and especially 35 and 30 sections, to apply, 82 May be closed on Crown side when no business, or continued by adjournment till business ex- hausted, 33 Periods of holding in Superior Court to be fixed by Governor, 30 Three terms to be held yearly in each District,. . . 36 To continue in present Districts till altered, 30 Two terms in Gaspo, 36 No term from ninth July to first September, ex- cept in Gaspo and Saguenay, 56 Term may be closed or continn.Ml by Court, 36 One Judge in Superior Court lias p*>wei-s of Court in term, 37 Of Circuit Court and times of holdinij to be fixed or altered by Governor, 62 Three terms of, in each District or County, except 32 32 82 33 30 36 36 36 40 'IKUMS.'-CVm/iHW"/. ptfiiiluM I'Xt.t'itt ill (ia<*i)6 atid S;i),aKMiiiy, »>■"■ \Vlieii tiiiiL'/)!- place of holding any Utiii iiltcrc.l, net to lie (lone on first j'lridii'al day in next term, . 145 TTnlt"-s a s[K'c'al day Jijipoi ited by Court, !•• '» l! Khali ho d'>n(! al plaio whiTc Court Khali tln'n 1> held, 145 Of any Court may be closed by Judge when, 147 Or may oontinue the sittings by adjourment if ne- cessary, 1 ' ' Every such adjourned sitting, held to be in toiiii, . 147 Tl'TOIiS. Appointment of, ^ * WITNESS. Before Enqueteurs to be summoriiHl by s\ibp«na, . . 93 VACATION. No term from 9th July to 1st September, 30, 53 WILLS. The probata of, 91 WRIT OF ERROR. In criminal matters • "^ In civil matters, 21 Stays execution of judgement of Court below, ... 21 W^RIT OF APPEAL. Allowance of, not necessary, ^^ PEOOLAMATION. PROVINCE OF CANADA. By His Excellency the Right Honorable Sir Ed- mund Walker Head, Baronet, one of Her Majesty's Most Honorable Privy Council, Governor General of British North America, and Captain General and Governor in Chief in and over the Provinces of Cana- da, Nova Scotia, New Brunswick and the Island of Prince Edward, and Vice- Admiral of the same, «fcc., &c., &c. To all to whom these presents shall come, or whom the same may concern — Greeting. Geo. Et. Cartier, XIJHEREAS, in and by a certain Atty. Gen. » ▼ Act of the Legislature of the Province of Canada, passed in the Twentieth year of Her Majesty's Reign, and intituled " An Act to amend the Judicature Acts of Lower Canada," it is amongst other things, in the one hundred and fifty-second Section thereof, in effect enacted. That the following parts of the said Act, to wit: all the sections from six to nineteen, both inclusive, — all the sections from twenty- one to ninety-nine, both inclusive, with the Schedule B referred to in the section twenty-four, — all the sections from one hundred and seventeen to one hundred and thirty-two, both inclusive, — anO all the sections from one hundred and thirty-four to one Jiundred and forty-eight, both inclusive, shall come in force on the day to be ap- pointed for that purpose by the Governor in a Proclama- tion to be issued when He shall be satisfied that there is at the Chef-lieu^ in every district in Lower Canada, suf- ficient accommodation, permanent or temporary, for holding the Superior Court and Circuit Court therein, and not before. And Whereas, it has been shown to my satisfaction, that there is at the Chef-lieu, in every District in Lower Canada, sufficient accommodation either permar nctot or temporary, for holding the Superior Court and Cir- cuit Court therein ; Now Know Ye, that I, Sir Edmund Walkbe Head, Baronet, being Governor General of the Province of Canada, have fixed and appointed, and by these presents do fix and appoint TUESDAY, the TWENTY-FOURTH day of NOVEMBER, instant, to be the day on which the said several sections of the said Act and the said Schedule B shall come into force ; And I do hereby declare that upon, from and after the said TWENTY-FOURTH day of NOVEMBER instant, the said several sections of the said Act and the said Schedule B, shall be and remain in full force and efiect ; Of all which. Her Majesty's loving subjects, and all others whom these presents may concern, are hereby required to take notice, and to govern themselves accordingly. Given under my Hand and Seal at Arms, at the Government House, in the CITY of TORONTO, , / in the said Province, this SIXTH day of NOVEM- BER, in the year of Our Lord, one thousand eight - hundred and fiifty-seven, and in the Twenty-first ; year of Her Majesty's Reign. EDMUND HEAD. By Command, T. LEE TERRILL., Secretary. -•^m t; A V.;--